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COBBETT'S 


COMPLETE    COLLECTION 


1 

OF 


State  Trials 


▲  KO 


PROCEEDINGS   FOR  HIGH  TREASON  AND  OTHER 

CRIMES  AND  MISDEMEANORS 


FROM  THB 


EARLIEST  PERIOD  TO  THE  PRESENT  TIME. 


VOL.    IXt 

COMPRISING    THE    PEEIOD 

FROM    THE    THIRTY-FOURTH    YEAR   OF   THE    REIGN   OF 

KING    CHARLES    THE    SECOND,    A.  D.    l682,    TO    THE 

THIRTY-SIXTH    YiSAR   OF   THE    SAID    REIGN, 

A.  D.    l684. 


LONDON: 

FftlNTtD  BY  T.  C.  HANSARD^   PETERBOROUGH-COUItTy  FLEET-STREET. 

1*UBLISHBI>   BT   B.  BAOSHAW,  BRYDGES*8TBBET»  COVENT-OARDEK  *,   AND  SOLD 

BT  J.  BUDD,  pall-mall;     J.    FAULDEB,    NEW-BOND-STRBET  ;     SHEBWOOD. 

«  MBBLT  AND  JONES,  PATEH-NOSTEH-BOW  S    BLACK,   PABBT  AND  KINOSBUBY, 

'LBADBNHALL-STfiEBT  ;   BELL  AND  BBADFUTB»  EDINBURGH  ;  AND  J.  ABCHEB, 

DUBLlW* 

1811. 


LI  BRA ffY  OF  THE 
LELAND  STANFORD  JR  UNIVERSE. 

^U6  21  ^900 


*   " 


TABLE   OF  CONTENTS 


TO 


VOLUME  IX. 


STATE  TRIALS  IN  THE  REIGN  OF 
KING  CHARLES  THE  SECOND. 

^  '  %*    7%#  new  Jriieles  fare  marked  [N.] 


S9.  The  Trial  of  Georgb  BoRopKY  alias  Boratzi,  Christopher 
Vratz,  Johk  Stern,  and  Charles  John  Count  Coninos- 
MARK,  at  the  Old  Bailey,  for  the  Murder  of  Thomas  Thynn, 
esq.  A.D.  1682   -        -        -        -        -     ^  -        -        .        -         1 

The  Last  Confession,  Prayers,  and  Meditations  of  Lieute- 
nant John  Ster^,  delivered  by  him  on  the  C»rt  imme- 
diately before  his  Execution,  to  Dr.  Burnet.  Tc^ether 
with  the  Last  Confession  of  George  Borosky,  [N.]         83 

Remarks  oh  the  Trial  of  Count  Coninosmark.  By  Sir 
John  Hawles,  3olicitor-General  in  the  Reign  of  King 
William  the  Third      -       -       -       .       •     ^  .       -136 

ft 

190.  The  Trial  of  Ford  Lord  Grey  of  Werk,  Robert  Charnock, 
Anne  Charnock,  David  Jones,*  Frances  Jones,  and  Re- 
BECCA  Jones,  at  the  KingVBench,  for  a  Misdemeanor,  in 
debauchiiig  the  Lady  Henrietta  Berkeley,  DaMghter  of  ihe 
Earl  of  Berkeley,  A.  D.  1682       -        -        *        -       >-     -    127 

91.  The  Trial  of  Thomas  Pilkinoton,  esq.  Samuel  ^hute,  Mf{. 
Sherifby  Henry  Cornish,  Alderman,  Forp  Lpv^  Gbb¥  of 


« 


/ 


TABLE  OF  CONTENTS. 

Werk,  Sir  Thomas  Player,  knt.  Chamberlain  of  London, 
Slinqspy  Bethel,  esq.  Francis  Jenks;  John  Deagl^, 

RlCHARp  FRKEMAFy   RlGH4UD  GQQPENOUaQ,  ROBERT  KeY, 

John  Wickham,  Samuel  Swinock,  John  Jekyll,  Senior, 
at  Nisi  Prius  at  the  Guildhall  of  London,  for  a  Riot,  and  an 
Assault  and  Battery  on  Sir  John  Moore,  then  Lord  Mayor, 
A.D.  1683 18' 

*  w 

axi2.  The  Trial  of  Sir  Patience  Ward,  knt.  at  the  King's-beuch, 
for  Perjury  at  the  Trial  between  the  JDuke  of  York,  Plaintiff, 
and  Thomas  Pilkington,  esq  Defendant,  on  an  Action  upon 
the  StsfeutQ  De  Scandalis  Magnetum^  a.  D^  1^83  -        ^       -     29! 

V 

293.  Proceedings  against  Mr.  Benjamin  Leech,  Bricklayer,  at  the 
Old  Bailey,  for  a  Contempt,  m  offering  a  frivolous  Plea  to 
the  Court,  A.D.  IGdZ  «        ^       ^       .        .        -        .     35! 


\ 


« 

294.  ^  Introduction  to  the  Trials  tor  the  Rye-House  Plot  : 

containing  the  Original  Informations  respecting  that  Con- 
spiracy, as  they  were  published  by  Jame3  the  Second,  a.d. 
1683  [N.] -        -        -        -     35J 

295.  The  Trial  of  Captain  Thomas  Walcot,  at  the  Old  Bailey,  for 

High  Treason,  A,  D.  1683   -        -        -        -    >    -        -        -     51J 

•  « 

296.  The  Trial  of  Willum  Hone,  at  the  Old  Bailey,  for  High 

Treason,  A.D.  1683    -        -        -        --        -        -        -57 


297.    The  Trial  of  Willllm  Lord  Russell,  ai  the  Oki  Bail«y»  for 

High  Treason,  a.  D«  1683  *        -        -        «        **       «*        -     51 

•  '  .  ... 

299-    7he  Trial  of  John  Rokm;  «l.tb«  Old  Beiley,  for  High  IVea- 

son,  A.D.  16;(3  -        -   '     -        -        '        .     ^'.  '      .        -     63 

299.    TTke  Trial  pi  Wiluaii  Blaque,  al  tfie  Old  Bailey,  for  High 

\TiMBOPk  A.  Bi.  1<8»  ..       -        .^ 65 


TA1IL£  OP  CONTEMT& 

TIm  Cass  oXyruMlM  Lwd  RumuL)  4ih'M  farHigii  Trea. 
BdB^Jtily  13>A.xi.d668       ^        .-«...    695 

An  Aktibote  against  Poison  :  Composed  of  fiome  Re- 
flBCifcs  'U|>oB  the  PaMR  pmtsd  4ry  the  Cveetren  of  the 
tmAy  RHfiseU)  uA  mentioDed  to  Ikhw  beeu  delivered  by 
;tbe  Lord  Russell  to ihe  Sberiffii  at  the  IHace  4d  his  Exe. 
cutim. .  By  Sir  BARTH0L6AIEW  Showee     -       -       -    710 

A  IteFlsNCE  of  the  lat^  Lo»d  JituflteLL?s  broocency.  To 
ivhich  are  pvefiked  two  Letlen  upon  the  Subject  of  his 
Lordship's  Trial.    By  Sir  Robjhit  Atkyns,  K,  B.         -    719 

ThB  MAGiOTHACY  iiMt>  OOVKIIKMENT  'Of  EllOLANl^  VfNlM. 

CATBD :  Id  Three  Parts.    Coivtaitiitig,  L  A  JiMtification 
of  the  English  Method  of  Pnooeednigs  against  Criminals, 
&c.     IL  An  Answer  to  several  Replies,  &c.     III.  Seve- 
ral Reasons  for  a  general  Act  of  iBdefloaity*    By  0ir  •. 
Bartholomew  Shower      ^       -       -       -       «.        .    742 

A  Second  Vindication  of  the  Magistracy  and  Go- 
TBimiEHT  ^  Emglamd,  by  way  of  Answer  to  the  sere- 

T«l  RepUefit)  tic  -        -        -        -        «        .        *        -    755 

TfljE  Tumid  and  Last  Part  op  the  Magistracy  awd  Go- 

VERN^ENT   OF  ENGLAND   VINDICATED,  with  ReaflOnS  for 

a  general  Act  of  Indemiuty,  &c.   *        -        -        i-        -    771 

« 

The  Lord  Rusbbll^  biNOCiLircY  farther  defended ;  in 
aaswer  to  Tb^  Magistracy  ahd  Government  of  England 
vindicated  -----*.•--»  783 

■ 

Remarks  on  the  Lord  Russell's  Trial.  By  Sir  John 
Ba<WL8s,  lMicit<»  General  in  the  Reigu  of  WHliam  Itl.     794 


300.    The  Trial  of  Cokiiiel  ALGEauKHi  Sidney,  at  the  KiogVBencb, 

fer  High  Treason,  A.  D.ieSi     *       •       ^       «        .       .    818 

Report  made  to  the  House  of  Lords,  on  the  20th  of 
December  1689,  from  the  Committee  for  Inspec 
tioN  of  Ex^iMlNATiONS,  cooceming  the  Murders  of 
Lord  Russell,  Colonel  Sydney,  iSir  T.  Armstrong,  and 
Mr.  Cornish:  the  Advisers  of  Qno  Warranto,  and  the 
Advisers  of  the  Dispensing  Power^  [[N.]      -       *     '  -    952 


^     / 


TABLE  OF  CONTENTS. 

Pag 
Remarks  oi>  Colonel  AtoERNOM  Sidney's  Trial.     By 

John  Hawles,  Solicitor  General  in  the  Reigu  of 

liam  the  Third .'        -  •  991 

Historical  Paeti(;ulars,  relative  to  the  Proceeding;* 
against  Persons  accused  of  Participation  in  the  Rye« 
House  Conspiracy,  and  other  treasonable  Designs  about 
this  Period.  [Now  first  printed  froM  the  MS.  ^^  Brief 
Historical  Relation/*  £Cc.  of  Narcissus  Luttrell^  in  the 
Library  of  All  Souls'  College,  Oxford]  -  [N.]     .         -  iOOJ 

301*    Trial  of  LowRiE  or  Weir»  of  Blacrwood,  for   Treason,     . 

A.D.  >683.    [Now  first  printed  from  the  MS.  Records 
of  the  Court  of  Justiciary  of  Scotland]  -  [N«]       -         -  1022 

302.  "fhe  Trial  of  John  Hampden,  esq.  at  the  King's-Bench,  for  a 

High  Misdemeanor,  a.  d.  1684  .   '     *     '  .        .        .         .  I054 

303.  The  Trial  of  Laurence  Braddon  and  Hugh  Speke,  at  the 

King's-Bench,  for'a  Misdemeanor,  in  suborning  Witnesses  , 
to  prove  the  Earl  of  Essex  was  murdered  by  his  Keepers, 
A.D,  1684-        -. 1127 

Bishop  Burnet's  late  History  charged  with  great  Partiality 
and  Misrepresentations,  to  make  the  present  and  future 
Ages  beUeve,  that  Arthur  Earl  of  Essex,  in  1683,  mur- 
dered himself,  {^N.]    -        -        -        -        -        .        -  1230 


\ 


304.    The  Trial  of  Sir  Samuei^  Barnarbiston,  bart.  at  Nisi  Prius  at 

the  Guildhall  of  London,  for  a  High  Misdemeanor,  A.  D.  1684  1334 

Proceedings  upon  a  Motion  in  arrest  of  Judgment  in  the 
Case  of  the  King  against  Sir  Samuel  Barnardutton, 
bart.  [Now  first  printefd  from  the  MS.  of  Sir  William 
Williams,  communicated^ for  this  Work,  A.D*  1811, 
by  his  descendant  Mr.  Charles  Watkin  WiBiams 
Wynn)  .  [N.] 

COBBETTS 


COBBETT'S 

COMPLETE    COLLECTION 


OF 


State   Trials. 


X  UEIRE  having' been  an  Indictment  fonnd 
at  Hicks's  hall  by  the  grand-jury  for  the  coun- 
ty of  Middlesex  against  Charles- Creorge  Bo- 
roaky,  Christopher  Vratz,  and  John  ^em,  for 
murdering*  Thomas  Thynn,  esq.  $  and  against 

*  The  Issacbar  of  **  Absalom  and  Achito- 
phel,"  in  which  poem,  Dryden,  describing  the 
lespect  and  favour  with  which  Monmouth  was 
received  upon  his  progress  in  the  year  1681, 
says, 

*<  hospitable  treats  did  most  commend 

**  Wise  Issachar,  his  wealthy  Western  friend." 

Sir  John  Reresby,  in  his  Memoirs,  p.  135, 
relates  the  following  particulars  of  this  busi- 


289.  The  Trial  of  George  Bobosky  alias  Boratzi,  Christopher 
Vratz,  John  Stern,  and  Charles  John  Count  Conings- 
MARK,  at  the  Old-Bailey,  for  the  Murder  of  Thomas  Thynn,* 
esq.   34  Charles  II.  a.  d.   1682. 

Charies  John  Count  Couingsroark,  as  acces- 
saiT  before  the  ftu;t,  the  said  [lersons  being 
in  Newgate,  were  brought  to  the  bar  to  be  ar- 
raigned and  tried  :  And  they  being  foreigners, 
an  interpreter  was  sworn  to  acquaint  them,  in  a 

come  to  him  at  Mr.  Thynn's  lodging,  sending 
his  coach  for  me,  which  1  made  use  of  accord^ 
ingly.     I  there  ibund  his  grace  surrounded 
with  several  lords  and  gentlemen,  Blr.  Thynn *s 
friends,  and   Mr.   Thynn    himself  mortally 
wounded  with  five  shot  from  a  blunderbuss. 
I  on  the  spot  granted  several  warrants  against 
persons  susp^ted  to  have  had  a  hand  therein, 
and  that  night  gfot  some  intelligence  concern- 
ing the  actors  themselves.    At  length,  by  the 
inrormation  of  a  chairman,  who  nad  carried 
one  of  the  niiiians  from  his  lodging  at  West- 
minster to  the  Black  Boll,  there  to  take  horse, 
and  bv  means  of  a  loose  woman,  who  used  t» 
visit  tbe  same  person,  the  constables  found  out 
the  place  of  his  abode,  and  there  took  his  man, 
by  nation  a  Swede,  who  being  brought  befbra 
me,  confessed  hiinfidf  a  servant  to  a  Gennaii 
captain,  who  had  told  him  he  hadaouarrel  . 
with  Mr.  Thynn,  and  had  often  ordered  him  to 
watch  bis  ooaeh;  and  that  particulariy  that- 
day  tlie  captain  no  sooner  understood  .the  coach 
to  be  gone  by,  than  he  booted  himse)f,  and 
with  two  others,  a  Swedish  lieutenant  and  a 
Pole,  went  on  horsetiack,  as  he  supposed  ia 
quest  of  Mr.  Thynn.    By  the  same  servant  I 
abo  understood  where  possibly  the  captain  ancl 
bis  two  companions  were  to  be  found;  and 
having  with  the  duke  of  Monmouth,  lord  Mor- 
daiint  and  others,  searched  several  houses^  aa 
he  directed  us,  till  six  in  the  roaming,  and 
having  been  in  close  pursuit  all  night,  I  per- 
sonally took  the  captain  in  the  house  of  a 
Swedish  doctor  in  Leicester-fields.     I  w«Qt 
first  ipto  his  room,  followed  by  lord  Mord*iuit> 


^*  At  this  time  was  perpetrated  the  most  bar- 
barofus  and  aodacious  murder  that  had  almost 
ever  been  heaid-of  in  Engluid.  Mr.  Thynn, 
a  gCTtleoSan  of  9,000/.  per  ann.  and  lately 
married  to  lady  Ogle,  (who,  repenting  herself 
of  the  match,  fled  firom  him  into  HoUaiid  be- 
fore ihey  were  bedded),  was  set  upon  by  three 
ruffians,  who  shot  him  as  he  was  going  along 
,  the  stTpet  hi  hia  eoach.  Thb  imhappy  gende- 
man  being  much  engaged  in  the  duke  of  Mon- 
mooth's  cause,  it  was  feared  that  party  might 
pot  some  violent  construction  on  this  accident, 
the  actors  therein  making  their  escape  just  for 
the  time,  and  being  unknowq.  I  happened  to 
be  at  court  that  evemng,  when  tlie  king,  hear- 
ing the  ne\TS,  seemec^  greatly  concerned  at  it, 
not  only  for  the  horror  ot  the  action  itself, 
(which  waft  shoddng  to  his  natural  dispositioD) 
but  also  for  fisar  the  turn  the  anti-court  party 
might  give  thereto.  I  left  the  court,  and  was 
just  string  into  bed,  when  Mr.  Thynn's  gen- 
tleman came  to  me  to  grant  him  an  Hue  and 
%  and  immediately  at  his  heels  comes  the 

te  of  MowMmth's  page,  to  d«ar»  ma  to 

TOL.  IX. 


B 


3]       STATE  TRULS,  34  Chakles  n.  l6S2.—TVwl  of  CmU  Cotnngmark      t* 

laiigua|;e  they  underatood,   what  they  were 
accused  of. 

Clerk  of  the  Crown,  Charles  Boroaky,  hold 
up  tliy  haiid.  (Which  he  did.)  Christopher 
Vratz,  hold  up  thy  hand. .  (Which  he  did.) 
John  Stem,  hold  up  thy  hand.  (Which  he 
did.^  Charles  John  ConingBniark,  hold  up 
thy  liand.    (Which  he  did.) 


You  stand  indicted  in  the  county  of  Mid< 
dlrsez  hy  iho  names  of  Charles  George  Bo- 

"ivhere  I  found  him  in  hed,  with  his  sword  aft 
some  distance  from  him  on  the  tahle;  his 
weapon  I  in  the  fyst  place  secared,  and  then 
hU  person,  committing  him  to  two  constables. 
I  wondered  he  should  make  so  tame  a  sub- 
mission ;  for  he  was  certainly  a  man  of  great 
courage,  and  appeared  quite  unconcerned  from 
the  very  begiunmg^,  though  he  was  yer]^  cer- 
tain he  should  be  found  Die  chief  actor  in  the 
tragedy.    This  gentleman  had,  not  long  be- 
fore, commanded  the  forlorn  hope,  at  the  siege 
at  Mens,  whoi  but  two,  besides  himsdf,  of 
50  under  his  oonunand^  esca]^  with  Ufe ;  and, 
in  consideration  of  this  service,  the  prince  of 
Orange  made  him  a  lieutenant  of  his  Guards, 
and,  in  reward  for  the  same,  the   king  of 
Sweden  gave  him  a  troop  of  horse :  but,  to  in- 
sist no  farther  on  this,  his  two  accomplices  al^ 
were  taken,  and  brought  to  my  house ;  where,  I 
before  I  could  finish  the  several  examinations  I 
had  to  go  through,  the  king  sent  for  me  to  at- 
tend him  in  council,  for  that  purpose,  with  the 
prisoners  and  papers.    His  majesty  ordered 
me  to  give  him  an  account  of  tlie  proceedings 
hitherto,  as  well  with  regard  to  the  ap^nrehend- 
tng  of  the  prisoners,  as  tneir  examination,  and 
then  examined  them  himself  $  and  when  the 
council  rosoy  ordered  me  to  put  every  thing 
hito  writing,  and  in  form,  against  the  trUl ; 
which  took  me  up  a  great  part  of  the  day, 
though  I  had  got  one  of  Uie  clerks  of  the 
council,  and  another  justice  of  the  peace  to 
assist  me,  both  for  the  aakettf  dinpatch  and  my 
own  security,  the  nicety  of  the  amdr  requiring 
it,  as  will,  in  the  sequel;  appear. 

**  The  council  met  again,  among  other 
things,  to  examine  the  governor  of  young 
count  Coningsmark,  a  vonng  gentleman  then 
in  Mr.  Foiibert*s  acaUemv  in  London,  and 
supposed  to  be  privy  to  tne  murder.  Upon 
this  occasion,  the  king  sent  for  me,  to  attend 
.  in  counqi],  where  the  said  governor  confessing. 
That  the  eldest  count  Coningsmark,  (who  had 
been  in  England  some  months  before,  and 
made  his  addresses  to  the  lady  who  so  unfor- 
tunately married  Mr.  TUynn)  arrived  incognito 
ten  davs  before  the  said  murder,  and  lay  dis- 
^isedtiO  it  was  committed,  gave  great  cause 
to  sumct  that  the  count  was  at  the  bottom  of 
tills  bloody  affair ;  and  his  majesty  ordered  me 
thereupon  to  go  and  search  his  loclgingB,  which 
i  did  with  two  constables,  but  the  bird  was 
flown ;  he  went  away  betimes  in  the  morning 
of  the  day  after  ^e  deed  waa  perpetrated; 
ot  which  I  inunediately  gare  tka  king  an  ac- 


rodcy,  late  of  the  parish  of  St  Martm's  in 
Fields,  ifli  the  county  of  Middlesex,  labourer  $ 
ocbcnvise  called  George  Boratzi,  of  the  nmintm 
parish  and  county,  labourer;  Chriatopher 
Vratz  of  the  same  parish  and  county,  gentle— 
man ;  John  Stem  of  the  same  pariai  and 
county,  gentleman;  and  Charles  John  Co— 
ningsiiian:,  of  the  same  pariah  and  county, 
esq. ;  otherwise  called  John  Coningsmark,  uT 
the  same  parish-  and  county,  esq. :  For  ihmM 

"  I  severs)  times  afierwaids  intended  on'  th« 
king,  both  in  private  and  io  council,  from  timm  , 
to  tune  to  give  him  information,  as  fresh  matter 
occurred,  or  appeared ;  and  upon  the  whole  it 
was  discovered,  )>artly  by  the  confession  o^ 
the  parties  concerned,  and  partly  by  the  infor- 
mation of  others,  that  the  German  captain  had 
been  for  eight  years  an  intimate  with  count 
Coningsmark,  one  of  the  greatest  men  in  th« 
kingdom  of  Sweden,  his  uncle  being  at  thai 
time  ^vemor  of  Pomerania,  and  near  upon 
marryun^  the  king's  aunt ;  and  tkioreover  that 
during  the  time  'he  was  in  England  before,  hm 
had  made  his  addresses  to  lady  Ogle,  the  only 
daughter  and  heiress  of  the  earl  of  Northum- 
berland, who  had  been  married  to  the  deceased 
Mr.  Thynn,  and  that  the  said  count  had  resent-, 
ed  something  as  an  afiront  from  Mr.  Thynn  z 
That  the  captain,  moved  thereto  out  of  puro^ 
friendship  to  the  count,  (though  not  at  all  with 
his  privity,  as  pretended,)  had  determined 
withm  himself  to  revenge  his  cause,  and  that 
in  consequence  of  such  his  resolution  the 
murder  luppened :  It  appeared  also  that  such 
his  cruel  design  was  furtnered  by  the  assist*^ 
ance  of  the  Swedish  lieutenant,  and  the  Pole, 
who  had  been  by  him  obliged  to  discharge  th» 
blunderbuss  into  the  coach.  I  was  extremely^ 
glad  that  in  this  whole  business  there  was  no 
English  person  directly  or  inducctly  ooBcem* 
ed ;  for  the  fanatics  had  buazed  it  about  tbae 
the  design  was  chiefly  against  the  duke  oC 
Momnoudi ;  so  that  1  had  the  king's  thanks 
more  than  once,  the  thanks  of  my  lord  Halli* 
fax  and  several  others,  for  my  diligence  in 
tracing-out  the  true  springs  and  motives  of 
this  horrid  action,  as  wdl  as  the  actors  them* 
selves.  The  duke  of  Monmouth  had  been  o\A 
of  the  coach  above  an  hour ;  and,  by  the  con- 
fession of  the  criminals,  1  found  Uiey  were  not 
to  have  made  the  attempt  if  his  grace  had  bee% 
with  Mr.  Thynn. 

*'  Mean  while  it  was  suspected  that  count  Co* 
ningsmark  was  still  in  the  kingdom;  and 
sean:h  being  made  after  him,  he  was  met  with 
alone  in  die^uise  at  Gravesend,  bv  a  servant  of 
the  duke  of  Monmouth's  just  as  he  was  step* 
ping  out  of  a  sculler,  intending  the  very  next 
d9y  to  embark  on  board  of  a  Swedish  ship. 
Being  brought  up  to  town,  the  king  imme- 
diatelVcaU«l  an  extraordinary  councu  toexa- 
nnnehim.  I  was  present  upon  this  oecas^, 
and  observed  that  he  appeareu  before  the  kmg 
with  all  the  assurance  imi^nable.  He  was' 
a  fine  person  of  a  man,  imd  I  t^ink  his  hvr 
wta  thftJwjgnrt  I  trrer  saw.    Ha  was  to^ 


^         STATE  TEIALS,  34  Charles  IL  IffSf ••^Hmrf  oihtnjw  Mvrier. 


vm  tlie  md  Cbuies  George  Boi-oeky  alias 
Mrata,  Ckristophcr  Vratz,  and  John  8tern, 
Ml  httfiB^  €M  before  roar  ejres,  but  be- 
■g  motel  aad  aeduoed  by  the  inatigatioa  of 
Ik  dev3,  upon  the  IStii  day  of  Febniary,  in 
the  34lfa  year  of  the  reign  of  oar  aoTereign 
hfd  king  Chajdea  the  second,  with  foree  and 
mam  in  the  pariah  of  8t  Martin's  in  the  Fields 


of  paits ;  hot  his  examinarion  iras  Tery 
i,  'for  whieh  reason  he  was  by  the 
ting  and  oDODcil  ordoied  to  be,  the  same  day, 
fiaminfd  by  the  kml  chief  justiee,  the  at- 
lOfBey  general,  and  myself;  bat  he  confessed 
Bodiiag  of  the  maimer,  preteodios  the  reason 
vfay  he  fay  at  this  time  concealed,  to  be  that 
be  wnB  then  under  core  for  a  small  venereal  dis- 
nier,  and  did  not  care  to  i4)pear  in  public,  till 
die  eoarae  of  his  prescription  was  over ;  and 
dMt  his  going  away  in  disguise  after  the  fact 
vaa  committed,  was  by  the  adrice  of  friends, 
tIio  told  him  it  would  re6ect  on  him  should  it' 
be  known  be  was  in  Engbmd,  when  an  intimate 
«f  bis  laboured  under  ao  riolent  a  suspicion  of 
hmne  commitled  so  black  a  deed ;  and  that 
be  enaeaToured  to  naake  his  escape,  not  know- 
ing bow  far  the  laws  of  this  land  mijzfat,  for 
that  very  reason,  inrolre  him  in  the  gntlt.  But, 
being  at  the  king's  couchee  the  night  afler,  1 
peroeivedby  his  majesty's  discourse  that  he 
vaa  willii^  the  count  should  get  oflT. 

**"  A  fem  dm  afteiwards,  Blons.  Foubert  who 
kept  the  tiaJusmj  in  London,  came  and  desired 
lie  to  pot  him  m  a  way  how  to  save  count 
Coningamark'slife,  insinuating  tome,  that,  as 
be  was  a  man  of  vast  fortune,  he  could  not 
wake  a  better  use  of  it  than  to  support  his  own 
iaaooeBoe,  and  riueld  himsdf  from  the  edge  of 
the  bw,  in  a  strange  country.  I  told  him,  that 
if  theeoont  was  really  innocent,  the  law  would 
nataially  acquit  him,  as  much,  though  a  fb- 
nigMr,  as  if. he  was  a  native;  but  that  he 
ooght  to  be  canlioas  how  he  made  any  oflSers  to 
pervert  instiee;  far  that  it  were  to  make  ail 
menaf  VoBonr  his  enemies,  instead  of  gaining 
them  to  be  his  friends.  This  was  one  of  the 
first  bribes  of  ndne  ever  offered  to  me,  which 
I  vugbt  httfe  aoeejted  without  any  danger  of 
disoMry,  and  without  doing  much  n>r  it: 
But  my  opinion  kaa  always  been  that  what  is 
so  aofoired  is  np  addition  to  our  store,  but 
lather  the  cause  of  its  waste,  aocordmg  to  the 
si^iDg,  *  Male  partamale  dibibuntur ;'  1  there- 
6n  refected  tins  now,  as  I  had  done  others  be- 
Isie,  and  as  I  hope  I  shall  always  do  for  the 
time  to  come. 

^  Bills  being  found  atHkk^  haSagainst  the 
Ikae  norderers  of  Mr.  Thynn,^  as'  principal. 
ind  affainst  the  count  as  aceessary  ;  they  the 
BflHoay  made  theit  appearance  at  the  Old 
Bafli^,  where  after  a  tnal  which  lasted  from 
nine  m  the  monung  to  five  in  the  afternoon, 
sad  a  very  vlgoreus  prosecution  on  the  part  of 
Hi.  Tkynn'a  rdatkinsy  the  three  were  brought 
ingoil^aapriBGipalB,  and  the  count  by  the 
suae  j«ya0i|aittedaa  not  accessary  ;  itbeinjg 
*  per  JMMatcni  liagiM,' aooorting  to  the  pn- 


[6 

in  the  county  of  Bfiddlcsex  aforesaid,  in  and 
upon  Thomas  Vbynn,  esq. ;  in  the  peace  of 
CkMl,  and  ovnr  saui  sovereign  lord  the  king, 
then  and  there  being,  feloniously,  wilfnlly,  and 
of  your  malice  aforethought,  di4  make  an  asi- 
sault.  And  that  thou  the  said  George  Borosky 
alias  Boratzi,  a  certain  blunderbuss  of  the 
value  of  five  shillings,  the  said  blunderhosi 
being  then  charge-* '—•  <mder,  and  four 

leaden  bullets ;  whicM  sau.  jlunderbuss  thou 
the  said  George  Borosky  alias  Boratzi  in  both 
thy  hands  so  as  aforesaid,  loaden  to  and  against 
the  sud  Thomas  Thynn  then  and  there  hadst 
and  boldest  And  that  thou  the  aforesaid 
George  Borosky  alias  Boratzi,  knowing  the 
blunderbuss  aforesaid,  to  be  so  as  aforesaid, 
chaigedwith  grunpowder  and  leaden  bullets, 
to  and  agamst  the  said  Thomas  Thynn  then 
and  there,  with  force  of  arms,  fefoniouslv, 
wilfully,  and  of  thy  malice  aforethought,  didst 
discharge  and  shoot  oft  And  that  thou  the 
said  George  Borosky  alias  Boratzi,  with  the 
said  leaden  bullets  shot  and  sent  out  of  the 
blunderbuss  aforesaid,  by  the  violence  and 
force  of  the  gunpowder  aforesaid:  And  by 
thee  the  said  George  Borosky  alias  Boratzi  so 
as  aforesaid  discharged  and  shot  off,  the  said 
lliomas  Thynn  in  and  upon  the  right-side  of 
the  body  of^the  said  Thomas  Thynn,  near  the 
short  ribbs  of  the  right  side  of  the  body  of  tha 
said  Thomas  Thynn.  then  and  there  felonious- 
ly, wilfully,  and  of  thy  malice  aforethought 
didst  strike  and  wound ;  giving  unto  him  the 
the  said  Thomas  Thynn  then  and  there  with 
the  leaden  bullets  aforesaid,  so  as  aforesaid 
shot  and  sent  out  of  the  hiunderi>uss  aforesaid 
by  fhrce  and  violaice  of  the  gfunpowder  afore- 
said, by  thee  the  said  George  Borosky  alias 
Boratzi,  so  as  aforesaid  dischai'ged  and  sent 
out,  in  and  upon  the  right  side  of  the  body  of 
him  the  said  Thomas  Thynn,  near  the  short 
ribs,  on  the  right  side  of  him  the  said  Thomas 
Thynn  four  mortal  wounds,  every  one  of  them 
of  the  breaddi  of  one  inch,  and  of  the  depth  of 
six  inches ;  of  which  said  mortal  wounus,  he 

vilege  of  stranfi«rs.  I  was  the  first  that  car- 
ried the  news  of  this  to  the  king,  who  seemed 
to  be  not  at  all  displeased  at  it ;  but  the  duke  of 
Monmouth's  party,  (who  all  appeared  to  add 
wdght  to  the  prosecution,)  were  extremely 
dissatisfied  that  the  count  had  so  escaped. 

•*  The  captain,  and  the  other  two  his  ac- 
complices in  the  murder  of  Mr.  Thynn,  were, 
pursuant  to  their  sentence,  hanged  in  the  street 
where  they  had  perpetrated  the  crime.  The 
captain  died  without  any  th^  least  symptom  of 
fear,  or  offering  at  the  least  glance  of  reflection 
on  count  Coningsmark ;  and  seeing  me  in  my 
coach  88  be  passed  by  in  the  cart,  he  made  a 
bow  to  me  with  the  most  steady  countenance, 
as  he  did  to  several  of  the  spectators  he  knew, 
before  he  was  turned  off;  in  shoi-t,  hia  whole 
oarriage,  from  the  first  moment  he  was  appro* 
hend^,  to  die  last  that  he  resi^rned  his  breath, 
savoured  much  of  gaOantry,  but  not  at  all  of 
religion*" 


7  ]        STATE  TRIALS,  54  Otf  ablks  II.  l682^7rk/  of  Onmi  Cminguwk       [8 


Ihe  said  Thomas  Thynn  from  the  said  IStb 
day  of  Febroaiy  in  the  d4th  ^ear  aforesaid, 
unto  the  13th  day  of  the  same  month  of  Fe- 
buuary,  at  the  parish  of  St.  Martinis  in  the 
Fields  aforesaid,  did  iangaish  and  lived  lan- 
guishing :  On  which  said  13th  day  of  Febru- 
ary, in  34th  year  aforesaid,  he  tne  said  Tho- 
mas Thynn  at  the  narish  of  St.  Martin's  in  the 
Fields  aforesaid,  of  the  mortal  wounds  so  as 
aforesaid  given,  died.  And  that  you  the  said 
Christopher  Vratz  and  John  Stem,  then,  that 
is  to  say  at  the  time  of  the  felony  and  murder 
aforesaid,  by  the  said  George  Borosky  alias 
Boratzi ;  so  as  aforesaid  feloniously,  wilfiill^, 
and  of  malice  aforethought,  done  and  commit- 
ted, th^n  and  there  feloniously,  wilfully,  and 
of  your  malice  aforethought,  b^  force  and 
arms  were  present,  aiding,  comforting,  abet- 
ting, assisting  and  maintaining  the  saidGeorge 
Borosky  alias  Boratzi,  the  raony  and  murder 
aforesaid  foloniously,  wilfully,  and  of  his  ma- 
lice aforethought,  to  do  and  commit.  And  so 
you  the  said  George  Borosky,  alias  Boratzi, 
Christopher  Vrats  and  John  Stem,  the  said 
Thomas  Thynn  in  manner  and  form  aforesaid, 
feloniously,  wilfully,  and  of  your  malice  afore- 
thought didst  kill  and  morder,  against  the 
peace  of  our  sovereign  lord  the  king,  his  crown 
and  dignity.  An'i  that  thou  the  said  Charles 
John  Coningsmark  before  the  felony  and.  mur- 
der aforefaid,  by  the  said  George  Borosky 
alias  Boratsi,  Christopher  Vratz  and  John 
Stern  in  manner  and  form  aforesaid,  felonious- 
ly, wilfully,  and  of  their  malice  aforethought, 
done  and  committed,  to  wit,  the  said  12th  day 
of  February,  in  the  34th  year  aforesaid,  at  the 
parish  of  St  Martin's  in  the  Fields  aforesaid, 
them  the  said  Geoige  Borosky  alias  Boratzi, 
Christopher  Vratz  and  John  l^rn  the  felony 
and  murder  aforesaid,  in  manner  and  form 
afoi'esaid  feloniously,  to  do  and  commit,  felo- 
nlouslv,.  wilfully,  and  of  thy  malice  afore- 
.thought,  didst  stir  up,  counsel,  persuade  and 
procure  against  the  peace  of  our  sovereign 
lord  the  king,  his  crown  and  dignity." 

L.  C  J.  ^Sir  Francis  Pemberton.)  VFhy  you 
must  read  tnis  to  them  now  in  their  language, 
or  else  they  cannot  understand  it. 

L.  C  J.  North.  You  that  are  the  interpreter, 
teU  thetn  that  you  are  going  to  interpret  the 
iadictmoTTt  to  them  by  d<^free8. 

Mr.  Vandore.  Yes,  my  lord,  I  will. 

L,  C.  J.  Do  not  read  all  the  circumstantials, 
but  only  the  substance  of  the  indictment. 

Then  the  Clerk  of  the  Crown  M'ent  near  the 
bar,  and  dictated  to  the  Interpreter  dcUbe- 
lately,  who  interpreted  it  to  the  prisoners. 

i.  C.  J.  Well,  you  have  told  them  the  sub- 
stance of  it,  that  tnev  are  indicted  for  killing 
Mr.  Thynn. — Mr.  Vandore,  Yes. 

L.  C.  J,  Well,  what  says  the  first  man  ? 

CLofCr.  I  asked  him  if  he  be  Guilty  of 
the  murder  whereof  he  stands  indicted,  and  he 
says  he  is  Not  Guilty. 

X.  C  J.  Dceshcsay  so? 


Mr.  Vandore.  Yes,  be  says  be  is  Not  GuiUy  •; 
L.C.  J.  Why  now  tell  him  the  tbrmality/ 
tliat  he  must  put  himself  upon  the  jury  here. 

[Then  Sir  Nathanael  Jokntan  was  sworn  In- 
terpreter.] 

L.  C.  /.  Ask  hun  this  question.  Tell  him 
he  is  accused  of  the  murder  of  Mr.  Thomas 
Th  vnn ;  ask  him  if  he  be  Guilty  or  Not  Guilty. 

vandore.  He  says  he  is  Not  Guil^,  my  Lord. « 
I  asked  him  just  now. 

X.  C  J.  Then  sir  Nathanad  Johnson,  if  you 
can  make  him  to  understand  it,  tell  him  that  oar 
manner  of  trial  here  is  by  twdvemen,  and  that 
is  by  putting  himself  uoon  the  country,  and 
th^*efore  ask  him,  how  he  will  be  tried.  Tell 
him  that  the  method  is  by  saying,  *  By  God  and 
*  the  Country.' 

Sir  N,  Johttton.  My  Lord,  he  is  a  very  dull 
kind  of  man,  he, knows  not  how  to  answer,  nor 
what  to  say ;  nor  won't  say  any  thmg ;  thai  is 
the  truth  of  it 

X.  C.  /.  Ask  him  if  he  be  willing  to  be  tried 
afler  the  manner  of  the  English. 

Sir  N,  Johnton.  Yes,  he  says  he  is  willing 
to  be  tried  according  to  the  fasnion  of  the  Eng- 
lish. 

L.  C.  J.  North.  He  hath  pleaded  Not  Guilty, 
and  the  other  follows  of  course. 

X.  C.  J.  Ask  tlie  other,  the  captain,  the  same 
thing. 

Sir  N.  J.  He  desires  a  French  Interpreter, 
for  he  speaks  French. 

X.  C.  X  Surely  here  are  enough  people  that 
understand  French,  but  ask  him  u  he  aoen  not 
understand  English. 

Sir  N.  J,  He  can  understand  some,  he  says. 

X.  C.  X  Then  ask  him,  whether  he  be  Guitty 
or  Not. 

Sir  N.  J,  He  says  he  is  Not  Guilty,  my 
Lord. 

X.  C.  J.  Now  ask  Mr.  Stem,  but  first  ask 
the  captain  how  he  will  be  tried. 

Sir  V.  X  He  says  he  win  be  tried  by  God, 
and  half  his  own  country  and  half  Engfish. 

X.  C.  X  He  sliall  have  his  request. 

^  N.  J.  He  desires  one  thing  further. 

X.  C  X  Look  you,  sir  N.  Johnstm,  vou  must 
tell  him  this ;  he  shall  be  tried  by  half  foreign- 
ers and  half  English;  that  is  it,  I  suppose  h« 
desires. 

Sir  N.  J.  My  Lord,  he  desires  that  there 
may  be  none  of  the  jury  that  are  any  thing 
a  kmdred  or  relation  to  Mr.  Thomas  Thynn, 
nor  any  particular  friend  of  his,  and  .he  is  sa- 
tisfied. 

X.  C.  X  No,  there  shall  not,  we  will  take 
care  of  that.  Now  ask  Mr.  Stem  then  the  like 
question. 

Sir  N.  X  Mv  Lord,  he  says  he  is  Not  Guilty* 

X.  C-  X  Ask  him  too,  how  he  will  be  tried ; 
whetlier  by  a  jury  ? 

SiriV.  X  He  says,  he  is  content  ta  be  tried  ag 
the  others  are,  by  half  strangers  and  half  Eqg- 
lish. 

X.  C.  X  Xow  then  ack  my  Igrd  CoDiBgiitttt'k 
what  he  says. 


STATE  TRIALS,  34  Chablss  IL  l6S2^and  t%hn%fm^  MrJkr.         [lO 

Mr.  Vandare.  My  Lord,  hcadn  this  ques* 
lion  of  your  lordslup  aod  tliis  bnoura^le  court, 
if  it  be  agreeable,  and  iiooqrdiiif  to  ^t  ji»tic& 
ofthisnadon,  that  my  Lord  navbeattowed 
two  or  tlkree  days  delay,  beatae  ne  ii  to  pre- 
pare himself  and  witnesaeB  for  hs  trial. 

Sir  N,  J.  My  Lord,  he  says  this ;  hi  wit- 
nesses are  not  prepued,  and  henot  haTiv  huci 
time  to  recollect  himself,  so  as  to  fit  hkiseir 
for  his  defence,  therefore  he  begs  the  iaTOv  of 
the  court,  that  he  may  hare  a  day  or  to*s 
time  to  recollect  himself.  He  says  he  ts  ton. 
swer  circumstanoes  with  ciroumstaoces,  \y 
Lord ;  he  says  he  has  some*^  wimesses  at^ 
circumstances  that  are  Tery  materiai  to  aostr 
such  circumstances  as  are  brought  against  hit^ 
he  does  not  understand  the  law,  my  lord,  n« 
has  had  no  time  to  have  any  counsel  to  infoii 
himself. 

L.  C.  'J.  You  must  tdl  him  this,  that  whid 
he  is  charged  with  is  matter  of  fact,  tiiat  nooc 
can  instruct  him  in  bat  himself;   counsel  can 
do  him  no  good  in  such  a  case  as  this.* 

Sir  N,  J,  My  lord,  he  says,  the  matters  that 
are  okgected  against  him  are  onlycircumstan* 
ces,  mv  lord,  and  they  require  an  answer, 
which  be  can  do  by  other  circumstances,  and 
he  desires  time  to  recollect  himself  two  or  three 
daysresnite  ;  he  desires,  if  it  weie  but  a  little 
time,  a  day  or  two. 

Mr.  Thynn.  My  lord,  oar  witnesses  ore  all 
ready,  and  the  counsel  instructed,  and  wait  here 
toffoon. 

X.  C.  J.  North.  Look  you ;  pray  wtfl  yoa 
tell  him,  when  the  trial  is  once  begun,  the  jury 
can  neither  eat  nor  drink  till  they  hare  giren 
their  yerdict ;  that  is  the  law,  and  we  can- 
not change  the  law,  therefore  we  cannot 
allow  him  the  time  he  desires.  He  knows  what 
he  is  accused  of,  and  has  known  it  a  good 
while,  and  has  had  time  to  recollect  bimsen  and 
prepare  himself. 

8ir  JV^  /.  My  lord,  he  says,  the  jury  are  not 
yet  together,  nor  charged  with  him,  and  there* 
tore  tUl  the  jury  are  charged,  he  thinks  he  may 
have  time,  if  your  lordship  please  to  allow  it. 

Ir.  C.  J.  Look  you,  you  must  tell  htm, -that 
he  J9  to  understand  that  here  is  but  one  indict- 
ment against  the ,  nrincipals  and  himself,  and 
we'cannottrythis  by  pieoe^meals;  we  cannot 
try  the  principals  now,  and  my  lord  Conings- 
mark  another  time.f 


9] 

Mr.  Tkytm,  He  speaks  English,  my  Lord. 

L.  C.  J.  But  not  well  enough,  may  be,  to 
ondentand  the  whole. 

JL  C  J.  North.  iHr  Nathapad,  what  does  he 
say?  • 

Sir  N.  J.  My  Lord,  he  says  it  is  a  concern 
of  his  life,  and  therefore  he  desires  he  may 
IwTe  not  only  one  Interpreter,  but  others  :  he 
desktps  he  may  hare  two  or  three^  that  they 
may  make  no  mistake. 

JL  C  J.  Very  weU 

&&r  N.  J.  lie  says  that  I  understand  the 
Dutch  language ;  but  his  life  aod  honour  are 
coaeemed,  and  therefore  he  woiild  hare  three 
or  four. 

i.  C,  J.  Who  would  hfe  have  ?  ^ 

8tr  N  J.  Sir  Thomas  Thynn*  said  they  had 
one  that  was  brought  by  them. 

Mr.  Thynn.  T&A  is  Vandore,  who  is  sworn 
already. 

X.  C.  J.  liook  you  sir  Nathanaet,  tell  my 
Lord  if  he  pleases,  he  shall  have  a  French  In- 
terpreter ;  tor  1  know  he  speaks  that  language 
verywdl. 

m  N.  J.  My  Lord,  he  says,  that  High- 
Dutch  is  his  natural  language,  and  he  can  ex- 
press himself  best  in  that. 


[Then  one  Vanharing  was  called  for  by  the 
Count,  but  did  not  appear.] 

X.  Ch.  Bar.  (Wm.  Montafirue,  esq.)  Sir  N. 
Jobns<»i,  you  must  ^  the  Count  whether  he 
be  Guilty  of  the  Indictmoit,  as  accessory  be- 
Ipie  the  fact 

Sir  N.  J.  I  have  asked,  my  lord^  and  Not 
Guilty  he  answers. 

CL  cfCr.  How  will  yon  be  tried  ? 

Sir  N.  J.  He  says  he  will  be  tried  by  God 
aod  half  his  own  country,  or  half  foreigners 
aod  half  English  ;t  and  he  desires  they  may  be 
persons  of  some  quality,  as  they  use.  to  treat 
persons  of  his  quality,  and  strangers. 

L,  C.  J.  There  shall  be  such  strangers,  tell 
him.  You  have  merchants  of  good  aocoant, 
1  suppose,  upon  this  pannel  ? 

Und.  Sfter.  Yes,  my  Lord,  they  are  air  such. 

8triV.  /.  He  desires  he  may  be  tried  dis- 
tinctly from  the  others. 

JL  C.  J.  That  cannot  b|e :  but  look  you,  Sir, 
Pray  tell  my  Lord  this,  that  though  the-  evi- 
dence most  oe  given,  and  the  jury  must  be 
oharged  all  together,  yet  in  this  case  we  will 
disti^uifih  his  case  to  thejury,  if  there  be  oc- 


X.  C.  Bar.  And  his  evidence  will  comedis- 


*  So  in  the  former  edition. 

f  As  to  the  right  of  an  alien  to  have  in  trialk 
whether  civil  (unless  both  parties  be  aliens)  or 
criminal  (except  indeed  for  treason&and  in  the 
case  of  Egyptians,  under  st.  32  H.  8,  c.  10.)  in 
which  he  is  a  party,  a  jury  of  which  one  naif 
iluJI  be  aliens  (if  so  many  snail  be  forth-coming 
intbe place).  Seethe  IStatutes,  S8  Ed.  3,  c. 
13,  and  8  Ueo.  6,  c.  S9,  andBlackst  €omm. 
Book  3,  ch,  123,  Book  4»  ch.  2U 


*  See  the  Note  to  the  Case  of  Don  Pantaloon 
Sa,  voL  5,  p.  566,  and  to  the  Case  of  Twyn, 
vol.  6,  p.  516,  of  this  Collection. 

f  *'  Most  oertainly  they  might,  and  it  is  fre- 
quently done  although  there  he  hut  one  indict- 
ment, as  in  the  case  of  the  Begiddes  and  many 
other  cases  ;  but  it  was  more  for  the  interest  of 
the  count  to  try  him  then,  though  he  was  not 
aware  of  it  himself."  Former  Edition.  As  to 
an  inconvenience  attending  the  trial  of  more 
than  one  prisoner  at  once^  see  a  note  to  the 
Case  of  Campion  and  otheis,  vol.  1,  p.  1051,  and 
a  note  to  the  Case  of  Coke  and  Woodlmme^  tu 
D.  1721,  in  this  CoUeetioiu 


i  1}     SrrAT£  TRIALS,  34  Cba&IBS  II.  l6$i.^^Iiriat  tf  Cmmi  CankigimaHk       [ t< 


Sk  N,J.  If  itainst  be  so,  hesays,  he  ma!$t 
throw  binflelf  uton  your  lordship :  he  hopes 
be  shall  kave  nohiiig  bat  what  is  just  and  iair, 
aQ4  he  lopes  yoir  lordship  will  be  of  ooonsel  to 
fainifas^eftshonofthis  oonntry  is;  if  any 
thing  aHes  of  natter  of  law,  he  desires  he  may 
have  tl^  advttitage  of  it :  and  if  he  cannot 
have  a^Ay  or  two,  he  says  the  innocency  of  his 
case  *iU  prelect  him.  Count  Coninfi«roark 
knoiK^g  how  innocent  he  is,  won't  stid^  for  a 
day  i  two,  but  he  will  be  ready  to  be  tiied  as 
youiordsbip  shall  think  fit :  he  has  innocence 
on  ]» side  and  that  will  protect  him. 

j  C  /.  Let  my  lord  know,  that  we  will 
beireful  in  examining  alj  things  that  concern 
hi; 

•ir  N,  J.  He  says  he  does  not  fear  it,  my 
Vt  having  to  do  with  such  honourable  per- 
gs,  nor  doubt  it  at  ail. 

X.  C.  J. '  Then  swear  a  jury.  But  look  you 
y  lord  Coningsmark,  consider  this  ;  as  the 
^utlemen  of  the  jury  come  to  be  sworn,  if 
ou  do  dislike  any  of  theas,  you  may  except 
grsinstthem. 

Sir  N.  J.  My  lord,  he  says,  being  altogether 

stranger  here  in  Enffbnd,  and  not  knowing 

.ny  of  u&e  persons,  he  negs  the  fiivoor  of  the 

>ench  that  he  may  have  the  names  of  those 

that  are  returned  of  the  jury,  and  a  little  time 

to  consider  of  it. 

X.  C.J.  That  we  camiot  do :  all  we  can  do 
for  yon  is,  we  will  take  as  much  care  as  we 
can,  that  vou'  may  have  indifferent  personsanii 
persons  of  quality. 

JL  C.  J.  North.  Pray  tell  him,  the  biw  gives 
him  the  privileffe  of  a  peremploiy  challenge. 

Sk  N.  J,  He  say^  my  lord,  he  does  not 
know  who  th^  sre,  but  tb^  may  be  persons 
that  are  tooohed,  and  may  have  something 
of  evil  will  or  spleen  a^psinsk  him.  His  father 
served  against  the  kmg  of  I>ennaark  and 
against  the  Poles  and  the  Ptipists,  and  his 
mher  was  a  Pmestant  and  served  the  Protes- 
tantcause. 

X.  C.  /.  What  eoontrymen  are  they,  BIr. 
Sheriff 

Under  Sheriff,  They  are  French  and  Dutch 
most  of  them,!  do  not  believe  there  is  ever  a 
Dane  amongst  them* 

X.  C.  X  We  win  can  all  FfwchmeB,  if  he 
had  Fsdier  have  tiicm  than  Dutch. 

Sir  JV.  J.  He  would  very  gladly  have  them 
all  High-Dutch ;  if  not,  tluit  he  may  have 


X.  C.  X  I  thought  he  had  eicepted  agaiBst 
the  Dutch. 


I%r  Jf.  X  No,  against  the  Danes ;  ibrhis  la- 
ther in  the  wars  burnt  their  towns. 

X.  C.  X  Rxamine  them,  as  they  come  to 
diebook,  if  there  beany  of  the  Roman  Ca- 
tholic leligion,  and  do  not  let  any  such  be 
•worn. 

Mr.  Sheriff  TilkingUm,  There  is  none  such 
«mong  them,  I  dare  say. 

X.  C.  X  Sir  N.  Johnson,  tell  my  lord,  be 
•ban  banre.  no  Roman  Catholics  at  all. 

Sir  ^.X  He  thanks  your  kuddup.    Hede- 


sires  he  may  have  the  penoel  tolook  upon,  aiid 
he  hopes  tliat  is  an  easy  fitvour. 

X.  C.  X  Let  him  have  the  pannel,  if  it  will 
do  him  any  good.  He  is  a  stranger,  mtisiy 
him  in  what  we  can. 

[Which  was  delifered  to  him,  and  he  looked 
it  overj 

X.  v.  X  Tdl  him,  as  the  jury  is  called,  he 
shall  have  every  one  of  theOntlandishmen  and 
En^rlisbmen  brouglit  before  him. 

8ir  N,  X  My  lord,  he  thanks  you  for  this 
favour. 

X.  C.  B,  Sir  N.  Johnson,  tell  the  Count,  tliey 
call  fir&t  an  Englishman,  then  a  tbreigner,  and 
they  shall  be  broufi^ht  to  view. 

X.  C.  X  Pray,  have  you  told  the  other  per- 
soas,  that  their  time  to  challenge  is  before  the 
jury  is  sworn  P 

Sir  N.  X  The  Polander  says  be  can  chal- 
lenipe  none,  because  he  knows  none* 

X.  C.  X  What  say  the  rest  ? 

Air.  Vandore,  They  say  tliey  know  nobody, 
and  can  except  against  nobody. 

C/.  ofCr,  CaUSir  WUI.  Roberts.  [Whoap*. 
pearing,  stood  up.] 

X.  C.  X  My  lord  Coningsmark,  there  is  the 
foreman.  « 

8ir  N,  X  He  has  nothing  to  say  against  bin. 

X.  C.  X  Then  hold  him  a  book«  and  swear^ 
him .    [Which  was  done  ] 

CL  ofCr.  Call  Mr.  Downing. 

Interpret,  He  says  he  is  no  foreigner. 

X.  C  X  Then  he  most  not  be  sworn. 

CI.  ofCr.  MosesCharas.    [Who  appeared.} 

Interpret.  He  has  nothing  to  say  against 
him.  But  he  himself  says,  he  does  not  speak 
English,  but  he  desires  to  speak  French. 

CL  qfCr.  Then  tell  him  in  French,  he  must 
lay  his  band  on  the  book  and  be  sworn,  and 
barken  to  his  oath. 

Sir  If*.  Winnington.  We  challenge  him  fet 
thekinff. 

X.  C!  J.  For  what  cause  ? 

Sir  Fr.  Winnington.  My  lord,  we  take  it 
that  we  need  not  shew  any  cause  unless  there 
be  any  want  of  the  number  in  the  pannel. 

X.  C  X  Then  we  must  do  him  right,  and 
tell  him  what  advantage  the  law  fives  him. 
Tell  my  lord,  you  that  understand  English, 
that  this  gentleman  is  challenged  for  the  king  ; 
and  if  the  king  shew  any  goml  cause  for  it,  ne 
must  not  be  sworn,  else  be  must.  And  the* 
way  for  him  to  cause  the  king's  counsel  to 
shew  their  cause,  (if  he  desire  it)  is  to  cbal* 
leoffe  all  the  rest 

Mr.  Williatns.  We  wave  our  challenge :  for 
the  reason  why  wechalleneed  him  was,  because 
he  did  not  understand  Enj^ish,  which  will  be  no 
reason  at  all.    ^Then  he  was  sworn.} 

CL  afCr.  Sir  Henry  Ingoldsby. 

Sir  JV.  X  He  challenges  him,  my  lord. 

CL  of  Cr,  Sir  William  Gulston. 

Sir  Jv.  J.  He  excepts  against  hnn,  my  lord. 

X^  C.  X  Does  be  cballoige  him  in  respect 
of  what  I  said  to  him  about  the  Outlandish 
gentlemen,  that  thekinsr  is  to  shew  cause  ?  Or 
bow  does  be  challenge  nim  f 


a^l       STAIS  TRIALS^  U  Cuabibs  II 

IiRlfrprrf.  Hy  lord,  be  njB  beliean  he  u 
•  fnend  to  Mr.  Thynn. 
JLC  J.  Well,  let  him  be  passed  by  tben. 
CL  of  Cr,    Sir  John  Mnstera.    [^Vho  did 
«ot  ap{)ev J 

Sir  N.  Johnson.  He  says,  my  lord,  he  only 
desires  mdiffemit  persons.        ^ 
CL  ofCr.  Henry  Herbert,  esq. 
8ir  N.  J,  He  challenges  him. 
CL  ofCr.  llichard  Paget,  eso. 
^  JV..  J.  He  desires  to  see  him. 
L,  C.  J.  Let  him  be  brought  into  the  middle, 
Ihai  he  may  look  upon  the  prisoners. 

Interpret.  He  has  nothmg  to  say  against 
.Jam.  [Then  he  was  sworn.] 
CL  of  Or.  James  Bucgone. 
Interpret.  He  excepts  against  him. 
C^  of  Cr.  Claudius  Derolee. 
Interpret.  He  excepts  against  him  too. 
CL  rf  Cr.  Charles  Beelow. 
Interpret.  He  says  he  looks  like  a  man,  and 
1^  does  not  ekoept  against  him.    [And  he  was 
fwom.] 

CI.  cfCr.  Ralph  BocknaB,  esq. 
Interpret,    He  challenges  him. 
CL  qfCr.  Thomas  Earsby,  esq. 
Interpret.  He  challenffes  faiim  too. 
L.CJ.  Look  you,  sirj^.  Johnson,  pray  teU 
Imn  he  can  challenge  but  tw.enty . 

Sir  N.  J.  He  says  very  well ;  he  will  not  do 
anymore.  Hedenres  thefiiTour,  that  those 
that  he  ehaUenges  may  not  come  near  those 
that  are  sworn. 

'  L.C.J.  Wdl,  it  shall  be  so;  wewiU  take 
fare  of  it. 
CL  ofCr.  Richard  Oowre,  esq. 
Sir  N.  J.  He  excepts  against  him. 
CL  qfCr,  George  HocknaU,  esq. 
Interpret.  He  challenges  lum.   .[But  then 
die  ^unt  looking  in  his  psqier,  retracted  the 
<;faallengp,  and  he  was  sworn.] 
CL  <^Cr.  Peter  Vandenhagen. 
Interpret.  He  says  nothing  to  him.    [Then 
he  was  8wom/| 
*  CI.  cfCr.  Widter  Moyle,  esq. 

Interpret.  He  does  not  challenge  him.  [He 
was  sworn.] 
CLafCr.  Christopher  Ripkey. 
Interpret.  He  does  not  challenge  him.  [He 
was  sworn.] 

CLqfCr.  Thomas  Henslow,  esq. 
Interpret.  He  does  not  except  against  him. 
(Then  he  was  sworn.] 
CL  qfCr.  Lewis  Doncarr. 
Interpret.  He  challenges  him.  ^ 
CL  (fCr,  Peter  Lecane.    [He  did  not  ap- 
sr.]  David  Colli  Faux. 

Interpret.  He  challenges  him,  because  he 
knew  mi.  Thynn,  they  say. 
CLqfCr,  Andrew liodderlej. 
Interpret.  He  challenges  him. 
CLqfCr.  James Burk. 
Interpret.  He  challenges  him. 
a  ofCr.  Daniel  Grigsrion. 
Interpret.  He  does  not  challenge  him.   [So 
kevas  siWom.] 
^CL<fCr.  Robert  Jordan,  esq. 


l682[.--tffiif  othen^  for  Mwritr*        [IW 

Interpret.  He  challengB  him. 

CL  OfCr.  hucy  Knig5ey,esq. 

Interpret.  He  challengs  nim. 

CLqfCr.  John  Hayne,  esq. 

Interpret.  He  does  no  except  against  him, 
[He  was  sworn.] 

CL  qfCr.  I^wis  le  Coint 

Interpret.  He  challenies  him. 

CLofCr.  JohnBellier. 

Interpret,  He  challenges  him. 

CL  qfCr.  James  Froitein. 

Mr.  Williams,  We  clallenge  him  for  the 
kine. 

CL  of  Cr.  John  M\ssey. 

Interpret.  He  chal^ng-es  him. 

CL  of  Gr.  Andrew  Irimow. 

Jfi/erpref .  He  cballeiges  him. 

CL  of  Cr.    Nicholas  Teufor. 

Interpret.  Hechallen^him.  Hesaystbev 
are  all  Walloons,  and  the^re  he  cbaUen^ 
them. 

L.  C.  J.  Why  does  he  ^cept  against  Wal^ 
loons  ? 

Interpret.  Because  they  l|ye  always  serVed 
against  the  Swedes. 

CL  of  Cr.  John  Lebarr. 

Interpret.  He  does  not  ex(^  against  him. 
[And  so  he  was  sworn.] 

CL  qfCr.  Cryer,  reckon  t^se,  &c.  Sir 
Will.  Roberts,  bart.  Moses  Tharas,  gent. 
Richard  Pagett,  esq.  Charles  leeiow,  gent« 
Geo.  HocknaU,  esq.  Pet  Vandei^agen,  ifent. 
Walter  Moyle,  esq.  Chr.  Ripkey  gent.  Tho, 
Henslow,  esq.  Dan.  Griggion,  ^nt.  John 
Haynes,  esq.  and  John  LehuT,  g^t. 

Then  Proelamation  ibr  Informatin  and  Ph>« 
sedition  was  made:. and  a  Chair  las  set  for 
the  Count,  at  his  request. 

CL  of  Cr.  Gentlemen,  look  upoi  the  pri-* 
soners,  you  that  are  sworn,  and  h^rkea  l» 
their  cause,"*  they  stand  indicted  prut  in  the 
indictment,  mutatis  mti^atu/u— — aspinst  the 
peace  of  our  sovereign  lord  the  king,  ni^  crown 
and  dignity.  Upon  this  indictment  tfey  hate 
been  arraigned,  and  theTCimto  hate  ^verally 
pleaded.  Not  Guilty  :  and  for  their  trii,  have 
put  themselves  upon  God  and  their  ctintry  9 
which  country  you  are.  Your  char|^  is  to 
enquire,  whether  they,  oic  eny  of  thtn  are 
Gmlty  of  the  offences  whereof  they  st.ud  in^ 
dieted,  or  Not  Guilty.  And  if  youfiDCthem, 
or  any  of  them  Guilty,  you  are  to  fini  what 
goods  or  chattels,  lands  or.  tenements  they 
had  at  the  time  of  the  felony  and  murdei  com- 
mitted, pr  at  any  time  since.  If  you  fine  them 
or  any  of  them  Guilty,  you  fixe  to  equire, 
whether  they  or  any  of  them  fled  foiit :  if 
you  find  that  they,  or  any  of  them  fled  for  it, 
you  are  to  enquire  of  their  goods  and  chittels, 
as  if  you  h^  found  them  Guilty ;  if  yon  flnd 
them  or  any  of  them  Not  Guilty,  nor  thakhey 
did  fly  for  it,  you  are  to  say  so,  and  no  Bore» 
and  hear  your  evidence.  But  if  you  ipquil 
any  one  of'^the  principals 


tmmm*^^f^ 


So  in  the  former  Sdition. 


15]     STATE'RIALS,  34Chakles  II.  l6S^.— Trial  of  Count  Coningsmark      [l6 


m 


L.  C.  J.  That  iai  mistake,  it  must  be  dlthe 
|irinci|»al8^ 

C/.  of  Cr.  If  ya  acfrait  the  principals,  you 
are  not  to  en^re  if  Cnarles- John  Conings- 
mark  as  accessary  >^re, 

Nr.  Keene.  May  t  please  yoar  lordship^  and 

9M  gentlemen  that  are  sworn  of  this  jury, 

Teorge  Borosky  a.a8  Boratzi,  Christopher 
Vratz,  and  John  Sten,  the  prisoners  at  the  bar, 
stand  here  indicted  for  that  they  not  having 
the  fear  of  God  befo«  their  eyeM^  but  being 
moFedand  seduced  >y  tb«  insngation  of  the 
devil,  the  12th  day  of  Tebruary,  in  the  d4th 
year  of  the  reign  of  thl<king»  telonieusly  and 
voluntarily,  and  of  thtf  mdice  aforethought, 
did  make  an  assaultopon  Thomas  Thynn, 
esq.  at  the  parish  of  tt.  Martin's  in  the  Fields 
in  this  county*;  and  tiat  the  said  George  Bo- 
foaky  having  in  te  hands  a  blunderbuss^ 
which  he  knew  to  b  charged  with  four  lead  on 
bullets,  did  dischoxe  it  at  Mr.  Thvnn,  and 
gave  him  four  moval  wounds,  of  which  wounds 
be  languished  tk  the  13th  day  of  Febru- 
ary, and  then  «ed :  and  that  they  the  said 
Cbristogher  Vriz  and  John  Stem  were  tiiere 
present,  aiding  assisting  and  abetting  him  to 
commit  the  »d  felony  and  murder  ;  and  so 
that  they  the  iaid  George  Borosky,  Christo- 
pher Vratz,  a>d  John  Stem,  did  of  their  malice 
aferethougbtin  manner  aforesaid,  murder  the 
faid  Tbemairf^ytm.  And  Charles-John  Co- 
ninjpsmark,  fle  other  prisoner  at  the  bar,  stands 
indicted,  fc  that  be  before  the  felony  and 
murder  afbftsaid,  so  done'  and  committed,  to 
wit,  the  l4i  day  of  February  aforesaid,  did  of 
his  maliceidbreUiought,  move,  incite,  counsel, 
persuade,md  procure  the  said  Borosky,  Vratz, 
and  Sten^  to  do  that  niiurder,  a<piinst  the 
peace  of  fte  king^  his  crown  and  dic^ity.  To 
this  indilment  they  have  severaJly  pleaded 
Not  Gu'iiy  ;  and  you  are  to  enquire,  whether 
they  areOuilty,  as  they  are  cliarged,  or  no. 

Sir  Irancii  Withens.  Mj  lord  and  gentle- 
men, 1  im  of  counsd  in  this  case  for  the  king, 
agatnstthe  prisoners  at  the  bar.  There  are 
three  €  them  indicted  as  principals  in  this 
ttiurde,  the  fourth  as  accessary  oefore.  In 
this  cae  that  is  now  before  you,  gentlemen,  I 
cannoichoose  but  take  notice  unto  you,  that  a 
tnurdcof  this  nature  has  never  been  heard  of 
to  be  prpetrated  upon  English  ground,  both  in 
respei  dT  the  person  mur&red,  and  in  respect 
of  thi  ctrcumstaocfs  of  the  fact.  For  the 
persot  murdered,  was  a  gentleman  of  that 
^ualt^  and  estate,  that  be  hath  left  but  few 
eymi  behind  him.  That  this  man  being  in 
hmcacfa,  shfrald  be  way-layed,  surprized,  and 
mnr^red,  and  this  murder  committed  ui  the 
midsof  our  streets,  is  that  wjiich  works  amaze- 
mant  in  all  English  hearts.  And  our  only 
oomhrt  upon  this  sad  occasion  Ls,  that  there 
li  na  one  native  of  this  country  found  amongst 
all  tkee  diat  are  aoeused  to  be  instrnments  in 
this  mibaroos  ihct. 

I  tid  observe  to  yoo,  gentlemen,  before,  that 
tiienaie three  named  to  be  principals;  Bo- 
ipakr,  whom  for  diitfaictioii  wSke^  I  shall  call 


by  the  name  of  the  Pokmder,  Vratz,  who  is 
called  tlie  captain,  and  Stem,  who  is  called  the 
lieutenant.     Borosky  the  Polandcr,*  we  say, 
was  the  man  that  discbarofcd  this  bluniWhuss 
against  this  worthy  gentleman  that  was  slaio  ; 
but  thougli  he  was  the  only  man  thnt  dis- 
charged  it,  yet  if  we  can  satisfy  you  that  Vratz 
and  Stem  were  with  him  at  the  same  titue, 
aiding  and  assisting  him  when  he  ^ave  the 
blow,  they  are  as  much  principals  as  he  tJiat 
shot  off  the  gun.    It  will  be  natural  to  open 
to  ypu  what  is  said  against  this  captain  Vratz, 
he  is  a   Swede  by  birth,' and   did  formerly' 
belong  to  count  Cuningsmark ;  he  was  a  re- 
tainer to  him.     Afterwards,  I  think  in  the  war 
he  was  made  a  captain.    This  gentleman  had 
been  formeHv  in  cngland,  but  at  th*  last  time 
he  came,  which  was  three  weeks,  or  there- 
abouts, before  the  murder  was  committed,  his 
bodying  was  in  King-Street  at  Westminster. 
This  captain  Vratz,  ue  shall  prove,  did  often 
discourse  that  he  had   a  quarrel  with    Mr. 
Thynn,  that  several  times  before  this  murder 
was  actually  done,  he  ordered  his  serrant  to 
way-lay  his  coach  ;  and  upon  that  very  fatal 
day,  the  12th  of  February,  when  this  unhappy 
accident  fell  out,  having  information  that  Mr. 
Thynn  was  gone  out  in  his  coach,  immediately 
he  puts  on  bis  boots,  ^ives  order  to  his  ser^ 
vant  to  bring  his  clothes  to  him  atsudi  a  plare, 
because  he  should  remove  his  lodff tag,  he  said, 
that  night,  that  he  should  bring  his  clothes  to 
the  Black- Bull  Inn  in  Holboro,  and  brinsr  his 
horse  thither  too.    "When  he  went  from  his 
lodging,  the  Polandcr  went  along  with  him, 
anu  they  came  to  the  Black-Bull  in  Holbom, 
where  they  met  with  Stern.    We  shall  shew 
you,  that  these  three  gentlemen  being  thus 
anned,  one  with  a  blunderbuss,  the  second 
with  pistols,  and  the  other  very  well  provided, 
rid  out  about  six  o'clock,  the  murder  bcin^ 
committed  about  seven   or  eight.    At  their 
going  out,  they  enquired  which  was  their  wa  v 
to  Temple-Bar ;  they  were  seen  to  ride  througn 
the  Strand  to  St.  James's,  the  fact  was  doi:e 
in  the  Pali-Mall,  and  we  shall  shew  you  the 
way  of  it  was  thus  ;   Mr.   Thjmn  passing 
through  the  street  to  go  home  in  his  coach, 
three  persons  came  riding  up  to  the  coach 
side,  and  while  the  one  stop|>ed  the  horses, 
imniediatdy  the  blunderbuss  was  discharged 
into  the  coach  against  Mr.  Thyun,  and  gave 
him  those  woun£,  of  w  hich  the  next  morning 
he  died,  presently  these  three  men  ran  away, 
but  one  of  them  let  fall  a  pistol  upon  tise  place, 
which  I  shall  observe  as  a  material  circum- 
stance against  these  persons,  because  we  fihall 
prove   whose   the   Unnderbuss  wns.    These 
things  being  done,  this  murder  comntittcd,  and 
they  gone  away,  it  begun  to  work  in  pe(»ple's 
thoughts,  and  'circumstances  began  to  eoine 
out,  Siat  this  blunderbuss  should  be  orden*d  to 
be  brought  by  captain  Vratz,  who  had  dis- 
coursed with  many  persons  about  the  quarrel 
he  had  whh  Mr.  Thynn,  and  given  enter  to 
his  servant  to  way-lay  his  coach  ;  and  theso 
persons  being  rid  out  at  that  time,  there  was  a 


1 


• 
prjnci^abw  Forlilefoiivtby  feAtlenMO,  eount- 
Conm^fsmapk,  he  ki  t  pcMon  of  g^i*eat  qoBiity^ 
anct  1  am-  OKlniorduiary  sorry  to  find  the  evi- 
deuce  8»  stroll^  agMii«t  him,  at  my  brief  im- 
ports ;  I  wbb  m»  ianoceaee  were  greater,  aood 
our  Of  idoBce  less  ;  for  be  io^  a  person  of  too 
^frest  ^fialky,  one  weuM  hope,  to  be  ooncenied 
in  *  Untkg  ot'this  natiire  ^  but  thai  he  was  iho- 
main  abettor  and  procurer  of  this  barbarous* 
bofltness,  we  sh^U  prove  upCM  these  grrounds : 
Fifst,  That  he  htd  a  design  upe»  Mr.  Thymi'» 
life;  for,  geiitleiB€B^  csomiBg;  into  Englaadr' 
absiil  three  weeks  before  this  matter  was  trms 
sacted,  first  be  lies  in  disgfbise,  and  livvs  prin 
vate, '  and  remoxres  hia  lodging  icom  place'  toi 
place  freauently  ;  tiiat  he  sent  a  person  t9>  tan 
qiMNrof  ttieSfWedfeh  vesideiit,  whether,  oi«  tto, 
»f  he  shoald  kill  Mr.  Thvim^iii  a  duel,  he  eoukl 
by  (he  l&ws  of  England  aftcrwaands  nkarry  ^m 
lady  Ogle  ?  So  that  Mr.  Tbynn's  death  was  in 
pibspeel  ftoin  the  beipuniag.  Cientlemen,  we 
shall  prove  to  you,  as  1  did  in  soofts^  bmmmimi 
open  before,  that  the  count  himself  ^Mu  pleasied 
to  give  sxpress  order,  tLat  the  Polander  should 
have  a  good  sword  bought  him;  tb^tbeilM 
he  came  into  England,,  he  was  very  mtlds 
troubled,  by  reason  of  the  stormy  weather,  ib^ 
fenr  he  should  be  cast  away  ;  that  he  lodged 
him  in  hi^  own  lod^ng  the  night  before  ui  A 
act  was  perpetrated ;  and*  that  captain  Vratz 
was  the  morning  before,  and  immecnately  affer, 
with  the  count.  Another  thing,  gentlemeir, 
that  t  had  almost  forgot :  The  count  was  will* 
iog  to  be  instructed  in  the  laws  of  England, 
and  enquired^  Whether  a  mau  might  lawfully 
ride  out  upon  a  Sj^mday  ?  and  bnng  told,  That 
afler  sermon  he  might;  he  was  very  well 
satisfied ;  and  the  day  he  enquired  of  it,  was 
the  day  that  the  murder  was  committed.  After 
the  thing  was  done,  count  Coningsmaik,  the 
next  morning,  pretended  he  was  to  go  to 
Windsor,  and  leaves  his  lodgmg  ;  but  instead 
of  going,  to  Windsor,  (being  still  in  his  dis- 
g-uise)  be  goes  to  Rotherhithe,  by  the  water- 
side, and  weve,  I  thiuk,  he  continues  two  or 
three  days  in  a  black  peruke,  (and  that  10  dis- 
guise enough  for  such  a  gentleman)  and  after^^ 
wards  he  goes  to  Gravesend ;  but,  ]  tluuk,  he 
was  upon  the  water  some  time,  befisre  he 
thought  it  convenient  to  land  ;  and  there  he 
was  surprised  in  this  disguise.  And  when  h& 
wav  surprixed  and  taken,  he  sHewed  hims(4f 
to  be  in  great  disorder ;  but  being  charged  with 
the  fact,  acknowledged  i^othingoA'  the  matter. 
But  how  it  slioidd  come  to  pass,  thaft  he  should 
lie  so  long  disguised,  upon  no  pretence  that 
caa  be  kkiowDy  aivl  afterward  to  pretend  thflX 
he  had;  a  business  to  effect,  aud  theo  be  wa^ 
to  g0  into  Fi-auce,  that  will  lie  upon  him  to  an- 
swer. Butthcfse  are  tbe  inducing  evidences 
that  we  give  to  you ;  liis  keeping  the  Polauder 
411  his  house,  his.  disgiiiung  of  himself,  aad 
hieeBquirtng,  whether  ii' be  killed  Mr-Thynn, 
be  might  not  marry  my  lady  OgleP  HisfOghft 
the  next  day,  andpotendiiiflf  to§fo  to  WindsoVy 
When  he  w«Bt  qwie  theotner  way,  and  all  ifk 
sfrdisgHiM  I  9fiA  these  wmwB  not  beviBg  aur 
C 


BN«t  wtfpittOD  Ihet  they  4iA  il.  Giaat-  eave 
fliere  waetadi^y  and  gtim  aweos  eaad^aeee 
dsefttllMreweeld  be,  %o  apprehend  fkemole- 
fm^tm  ;  end  by  ^^aat  providedoe  it  was  fb<2iid 
out  at  last,  Utadi&is  oitotaiB  VralB^  aotordmg 
to  his  word,  had  altered  his  lodging,  and  Was 
Mtteedeetor'iihwMe,  that  lirod^  I  tbitik,  in 
leieesler-FisUft.  Bcfog  there  sufpfized,  aa4 
coBUDg  upon  his  examinatioe,  he  did  noS  deey* 
bet  Im  wee  thanaoeaof  tliathteel  tiuft  wtut  at 
the  pleee  wkair  aed  where  Mr.  Thym  waa 
murdered,  but  he  pretended,  he  did  ielend  to 
liijhl  fain  IB  a  dtetU  and  kill  him  fairly,  as  he 
called  it.  But,  gtttOetttem^  i  naesl  ohsewe 
thk  to  ye«y  ih  itoy  small  tieie  ef  escpeiieiM^e  of 
tlewacidy  I  eever  knew  a  mae  ga  tetghi  a 
duel,  and  carry  out  wilb  him  a  secood  wkh  a 
Maederbda^.  'if  is  noa  {passible  he .  should  go 
with  such  a  design  as  he' would  inaiaeate,  £it 
rmtber  wi^  aft  iiiteflaia«  of  murder.  For  Ae 
Fabmdery  he  €afec  into  England  bet  the  Fri- 
day befbre,,  aed  so  we  shall  prove  to  you  that 
wiab  will  stick  hand  ueoe  the  eoent.  Upon 
FMey,  he  being  hMMie%  he  eequires  tw  the 
young  count's  tutor,  which  was  at  an  aeadeiay 
af  aee  Monsiear  Faubert's ;  and  there  he  en- 
qeines  for  the  coeet's  seeretary ;  he  lay  there^ 
I  lUnk,  that  night,,  and  epoa  Saturday  he  wae 
•snveycd  te  the  eoent's  Mginga.  There  alao 
ha  was  lodged  for  one  night.  Tbe  oouat  was 
fheacd  to  baspeah  ham  a^erv  gt>od  swoid,  and 
eeoealbF  hfaa,  that  he  might  be  wellnrned, 
■id  these  be  lay  ou  Satasdey  night,  as  I  said, 
the  n^ht  before  the  murdEsr  waa  committed. 
Upae  liendi^,  ^emlemea,  there  beijig  a  mes- 
sage sent  to  this  do<^or,  where  Vratz  lay,  the 
night  following  that  ^e  count  would  speak 
wnh  tbe  doetory  the  doctor  oame,  aad  the 
doctor  and  the  Polandef  went  away  to  captain 
Vratz's  lodging,  and  from  thence  to  Holborn, 
lathe  Bleek-Bott^  and  the  captaift was  carried 
in  as  aaoch  seeieey  as  be  could,  for  he  was 
carried  in  a  sedan ;  and  1  think  we  shall  be 
able  te  prove,,  by  the  persons  that  carried  him, 
that  this  wan  the  man.  For  the  other  geatle- 
man,  ^em,  the  lieutenant,  as  they  call  Mm, 
be  we«  an  aaeient  aequaintattce  of  cantain 
Tratz's,  bad  known  him  loo^ago  in  Engpiand, 
and  eampliuued  to  him,  that  lodgings  might  be 
very  dear ;  but  the  captain  told  him,  he  had 
a  w4ig;n ;  and  if  he  would  assist  him  as  a  brave 
fellow^  -would  niaiutaiu  himj  and  he  should  not 
want  aaouoy  to  bear  all  his  charges.  But  we 
shall  prove  Hiat  this  was  the  third  person  ihat 
rid  out  with  the  Polandorf  and  the  oaptain  ia 
this  garb  that  1  told  you  of,  this  nighil  that  tiie 
iaet  was  done.  Jnd  indeed,  Gentlemea,  «p^ 
their  examinaliae,  they  have  every  ouo  con- 
fessed the  faei;  even  tUePolatider  confessed 
that  he  did  shoot  nfS  the  bhiaderbuss ;  'and 
Viets  confessed  that  be  was  there,  and  the 
keetanant  $tem>  an  that  if  there  had  been  no 
msffo  evidenee,  ii  would  have  bean  siifBciont 
W  raaintinn  the  isaae,  and  id  oar  circumstances, 
it  is  nose  ^erhaf^  then  oouid  be  eacpeotedb 
Tkis^  gentkaaan,  ia  the  principal  som  of  the 
avidonce,  that  will  be  given  agamtt  tho  thrae 

VOL,  IX, 


]  9]     STATE  TRI ALS»  54  Ca aelbs  II.  l6st.—TMal  iff  CoMf  Camng$marJt     [i^ 


Appearance,  or  any  reason  whatsoever,  lor  any 
iMuticnlar  quarrel  to  Mr.  Thynn,  but  the  count 
having  some  disgust  to  him,  upon  terms  that 
the  witnesses  will  tell  you  of  by  and  by, 
and  beiug  related  to  the  count,  we  must  leaTe 
it  to  you  to  judge,  whether  these  gentlemen 
did  it  sin^y  and  purely  upon  their  own 
heads,  or  whether  they  were  not  set  upon  it  by 
the  count.  ^ 

SirJV.  Win.  My  lord,  I  shall  not  trouble 
yo«  with  repeating  of  our  eridence,  but  we 
will  begin  and  cbU  our  witnesses,  directly  to 
prore  the  murder  done  by  these  gentlemen ; 
ve  will  prove  the  (act  downright  upon  them, 
•ttd  then  we  shall  afterwards  come  to  the 
Qomit. 

Mr.  WiUiamt,  My  lord,  first  we  will  direct 
cndenoe  to  the  principals^  and  then  to  the 
accessary.  ^1  William  Cole  and  William 
EUers. 

'  L.  C.  J.  9wear  some  person  to  faiterpnt  the 
tfridence  that  shall  he  given :  I  do  it  for  the 
sake  of  the  aliens  that  are  of  the  jury;  for 
tome  of  them  understand  no  English,  and  they 
will  not  know  what  to  make  or  the  evidence, 
if  they  do  not  repeat  it  to  them  in  their  own 
language. 

Theu  Vundorc  and  Wright  were  sworn  for  the 

King. 

Sir  N.  Johnson.  My  lord  desires  that  the 
doctx)r  and  the  tailor  that  are  in  prison  may  be 
seut  for,  to  be  here,  for  they  are  witnesses  for 
hiui. 

Sir  p/'d.  Winn.  We  desire  thej  may  be  here 
too,  for  they  are  wjtueMses  for  the  king,  and  1 
believe  they  are  here,  my  lord. 

Sir  iV.  J.  Mr.  Vandore  does  not  speak 
French. 

Sir  W.  Roberta.  Mr.  Craven  speaks  Dutch 
and  French  very  well. 

Mr.  Craten  was  sworn. 

Sir  A^  J.  The  count  desires  the  fiivoor  of 
pen  and  ink.  v 

L.  C.  J.  Let  the  count  have  pen  and  ink. 

Mr.  Wiliiams.  Call  William  Tole  and  Wil- 
fiam  Ellers.  (Who  appeared,  and  were  sworn.) 
Which  is  Winiam  Cole?  Set  him  up.  Ac- 
quaint n)y  lord  and  the  jury  how  Mr.  Thynn 
was  assaulted .  nnd  the  roatmer  of  it. 

Cofe.  My  lord,  my  master  was  cominff  up 
St.  James 's-street  from  the  countess  of  Nor- 
thumberland's. 

Sir  Fra.  Winn.   Name  your  master. 

Mr.  Williamt.  Who  was  vour  nuister? 

CoU.  Mr.  Thynn.  Amf  I  hati  a  flambop.u 
in  my  hand,  ami  was  going  bef«)re  the  coach, 
and  coming  along,  at  tliu  loivt^r  end  of  St. 
Albsn's- street,  I  hearJ  the  bhiRdf^rbuss  go 
off;  so  upon  that  £  tinned  my  face  Lack,  and 
«aw  a  gteat  smoke,  and  heard  luy  roaster  cry 
out  he  was  mur>lered :  And  f  sec  three  horse- 
men riding  avray.on  the  right-side  of  the  coach, 
and  I  pursued  afler  them,  snd  cried  out  mur- 
der: I  ran  to  the  npper  and  of  the  Hay- 
market,  till  I  was  quit«  spent,  ami  wss  able'to 
(|«  BO  further;  and  tnmingback  again, my 


master  was  got  into  thef  honsa,  and  I  wider' 
stood  he  was  wounded :  That  is  all  I  know. 

Mr.  WiUiamt.  You  say  yoa  haard  a  blonder- 
bus  .  go  off,  and  taming  back,  ycfn  saw  iSmtet 
men  riding  away  from  me  coadi  ? 

Cole.   Yes. 

Mr.  William*  Look  anon  the  prisoners  at 
the  bar :  Can  yoa  laj  an  of  them,  or  any  of 
them  were  the  men  ? 

Cole.  Ni»,l cannot;  Ididnotseetfieirfiux^ 
hot  I  saw  Ae  horse  of  one  of  them  was  a  Itttin 
Imkv  horse* 

Mr.  William.  But  do  yoa  take  any  of  thoi^ 
mentobeoneof  tbethreef 

Cole,  I  did  not  see  any  of  their  laees. 

Sir  Fm,  Wirm.  What  time  of  night  was  it  f 

Cole.  A  qnaiter  after  eight 

9tr  Fro.  Winn.  Pn^  what  day  of  the  week  f 

CoU.  Sonday. 

Sir  Fra.  Winn.  What  day  of  the  month  f 

Cole.  The  lltfa  or  13th  of  Febmary. 

Sir  JVa.  Winn.  Then,  where  b  WilUani^ 
EUers  ?  Ptay  do  yoa  tell  the  coort  and  jury* 
how  Mr.  Thynn  was  wounded,  and  by  whon% 
and  what  yoa  know  of  it. 

Ellers.  My  lord,  I  came  with  my  master 
from  St.  James's-street,  from  my  lady  Nor- 
thumberiand's,  and  as  I  came  at  St.  Alban's* 
street,  there  oame  three  men  riding  by  th« 
right-side  of  tlie  coach,  and  as  they  nd,  one  ef 
them  turned  abont,  and  bid  me  stop,  you  dog  ; 
and  just  as  I  looked  about,  the  fire  was  let  into 
the  coach  upon  my  master,  and  the  men  raift 
away  as  fast  as  they  could. 

Sir  Fra.  Winn.  How  many  were  then  of 
them  t 

FAkrt.  There  were  three. 

Sir  Fra.  Winn.  Were  those  men  at  the  bar^ 
or  any  of  them  the  persons  f 

Ellets.  I  cannot  tell. 

Sir  Fra.  Winn.  What  were  the  words  the^ 
said  when  the  coach  Was  stopped  P  Hold,  boh), 
or  stop,  vou  dog  P 

Mr.    WiUiams.    What  condition  was  yovE 
master  in  tlien?    Wss  he  shot  then  ? 
tilers.  Yes. 

Mr.  Williams.  We  will  gife  you  some  evi- 
dence now  out  of  their  examinations. 

L.  C.  J.  You  had  best  give  some  evidence 
of  his  >vounds. 

Mr.  Williams.  Yefi,  wo  will.  Call  Mr.  Hobba 
the  surgeon. 

L.  C.  J.  L(K>k  you,  Mr.  Craven,  you  hear 
what  these  witnesses  say,  tell  it  to  the  genUe* 
men  of  the  jur}*  tliat  are  outlandish  men,  Thai 
the:re  witnesst>s  swear,  there  were  three  men 
did  do  this  thing ;  the  one  of  them  stopped  the 
coach,  and  die  other  shot  into  it,  but  it  was  a^ 
that  time  of' night,  they  could  not  know  tlieir 
faces,  and  they  uil  rid  away. 

Mr.  Craven,  My  lord,  if  you  please,  the 
witnesses  may  speak  by  degrees,  and  between 
every  witness  1  will  give  the  jury  an  account. 

L,  C.  /.  W  ell,  it  shall  be  so ;  but  they  say 
no  more  than  what  I  tell  yon,  That  three  men 
did  do  this.  Then  he  uterpreted  it  to  thr 
Jury, 


11]        STATE  TRIAL?,  34  C04I&I.S&  IL  iSh^^^^mndalursJvr  Murder. 

Mr.  Crweeit.  He  gays  he  ban  that  three 
ttOD  did  de  it,  but  he  says,  he  does  not  hear  that 
ihejkBetr  anj  of  theno. 

Then  Mr.  Hobbs  was  sworn. 


[t1 


Mr.  Wiliiaau.  Had  Ton  the  searching'  of 
Mr.  Thynn's  body  «fter  it  v  as  hurt  ? 

JETtfMs.  Yes. 

Mr.  WiiUams.  How  did  you  find  him  t 

HoUn.  1  was  with  hnn^Hir,  that  night  he  was 
viNBided,  and  I  ibiiiid  him  sliot  with  four  bul- 
kls,  iHuch  entered  iiite  bis  body  and  tore  his 
gob,  and  wounded  his  liver  and  hia  stomaeh, 
and  his  gull,  and  wounded  his  ffreat  guts,  and 
biisniattflrnts,  and  broke  one  of  the  ribs,  and 
woonded  the  great  bone  below. 

Sir  jRno.  Whuu  What  time  came  you  to 
him? 

AiUf.  Abont  9  or  10  of  the  dock. 

Sir  Fra.  Winn.  Did  he  die  of  those  wounds? 

IMfo.  Yes,  he  did  die  of  diose  wounds. 

Mr.  WiUiams.  Did  you  apwehend  them  afi 
unUii,  or  any,  or  wfaioi  of  them  ? 

Holit,.  I  Miere  there  was  never  a  wovnd 
bat  it  mightjnrore  mortal. 

8k  Fm.  ITtmi.  Now  tell  ns  what  day  of 
tiiewe^  and  what  d^  of  the  month  it  was. 

HoUs.  It  was  Sunday  night,  the  ISth  of 
February,  I  thmk. 

ImC.  J,  What  did  you  obsenre  of  the  bul- 
leJts;  was  there  any  thing  done  to  them  more 
than  ordinaiy  ? 

floMa.  I  oeuhl  not  see  any  thing,  I  have 
taCBi  herey  floy lord. 

Lord  Chief  Banm.  Were  they  iron  or  lead  ? 

Then  Mr.  Hobbs  delivered  them  into  Court. 

Bohbg,  Two  of  them,  the  little  ones,  may 
be  iron ;  for  one  of  them  went  through  a  thick 
bene,  and  yet  there  was  no  impression  on  it. 

X.  C*.  /.  And  this  that  has  the  impression, 
yon  think  might  be  done  against  die  bones. 

fioMi.  Yea. 

L.  C  J.  Was  this  left  ragged  on  purpose  to 
4o  the  more  misphief  ? 

Hobbi.  Which,  mv  lord  ? 

X.  C.  J.  This  that  is  left  at  the  end  here. 
Wonid  this  be  more  mortal  than  another  bullet, 
«r  harder  to  heal? 

Hoifbs,    No,  but  as  they  take  up  a  greater 

nee  in  flying; 

X.  C  X  Would  not  the  raggedness  hinder 
Aebeafiag? 

EM9*  No,  only  bruise  the  flesh,  which 
kuised  flesh  mnst  oome  away  before  it  can  be 
healed.  All  ballets  wound  by  bmisiug  of  the 
flesh. 

X.  C.  X.  WeQ,  these  were  the  four  bullets 
4pat  were  found  in  Mr.  lliynn's  body  ? 

floU*.  I  verily  believe  they  are.  Dr. 
Lavar  bad  them  OQt  of  nty  bands  for  a  day  or 
V&%  but  I  believe  them  to  be  the  same. 

X.  C  X     Was  there  any  lodged  in  the 

ilMBaeb? 
MM$.  Yea,  one  of  the  httle  ones. 
LC/j'  Bad  tbey  broke  the  great  bone? 


HM$.  Yes,  the  great  bone  in  the  bottom  of 
the  belly. 

X.  C.X  Twoofthem? 

Hobbs.  A  great  one  and  a  httle  one;  two  of 
them  passed  through  that  bone,  and  lodged  in 
the  back-bone. 

X.  C.  X  W  as  any  of  them  gone  through  th^ 
body? 

Hohbs.  Oce  of  tbcm  lay  between  the  ribs 
and  the  sidn. 

X.  C<  J.  None  were  got  quite  through  then  ?- 

Hobbs,  None. 

Hir  Fra.  Winn.  Call  the  Coroner,  Mr. 
White. 

X.  C.  X  Tell  the  jurVi  Mr.  Craven,  vfiink 
this  witness  has  said.  ['1  hen  he  interpretad 
it.  > 

X.  C.  X  What  says  that  g^entleman  ? 

Mr.  Craven.  He  says  'lis  very  well,  ha 
understands  part  of  it 

X.  C.  X  Db  thereat  of  them  understand  it? 

8ir  N.  X  He  told  it  in  French  to  the  others. 

X.  C.  X  Let  Mr.  Hobbs  have  the  buUela 
again  when  the  jury  have  seen  them. 

Then  Mr.  White  was  sworn. 

Sir  Fra,  Winn.  Now  we  wiU  ask  the  Coroner 
a  question  or  two.  Pray  will  you  acquaint 
my  lord,  what  you  know  of  this  murder  of  Mr. 
Thynn. 

White.  On  the  13th  of  February,  in  tha 
afternoon,  I  sat  upon  the  body  of  Tlionias 
Thynn,  esq.  and  I  tound  he  had  four  holes  on 
his  right-side,  behind  his  short-ribs,  and  they 
seemed  to  be  like  holes  made  with  buHetSb 
And  ^g^^^  order  to  o|)en  the  body . 

X.  C.  X  And  there  the  bullets  were  found  ? 

White.  There  the  surgeon  found  them* 

X.  C.  J.   Were  you  bv  ? 

White.  I  was  at  the  taking  them  out. 

X.  C.  J.  'Tis  fit  that  the  Polander  should 
have  one  to  interpret  what  is  said  against  him. 

Mr.  Wiliiams.  Captain  Vratz,  you  hear  what 
is  said,  and  understand  it. 

Interpreter,  He  says  he  does  understand  it% 

Mr.  WiUianu.  Fray  tell  the  Polander  wha& 
19  said.  That  is,  tlie  two  first  initnessea  say, 
three  persons^  assaulted  the  coach,  and  one 
shot  into  the  coach,  dnd  by  that  meanF.  Mr. 
Thynn  was  killed,  by  the  shot  out  of  the  blun- 
derouss :  And  the  surgeon  does  say,  that  these 
four  bullets  Here  found  in  his  body.  [Then  it 
was  interpretfid  to  the  Polander. 

Interpreter.  He  says,  my  lord,  he  cannot 
tell  hov^  many  i>iiUets  were  in,  he  did  not 
cbai'ge  it  Ininsetf,  but  be  tired  it,  he  says. 

Hir  !></.  Winn.  Wo  confesses  he  tiret)  t^ien. 

Sir  W.  Roberts.  My  lord,  the  jury  desire  to 
know  if  the  Pole  can  tell  who  did  charge  it? 

X.  C.  X  Ask  him  who  charged  it. 

Interpreter.    He  can  tell,  my  lord^  he  says. 

L.  C.  X  It  will  not  be  very  (naterial  that,  for 
his  evidence  can  charge  no  body  but  himself. 

Sir  Fra.  Winn.  Now,  my  lord,  if  you  please 
we  will  call  those  peiwjns,  the  justices  of  the 
peace  that  examined  these  men  upon  their  ap- 
prehension, fur  the  murder  of  Mr.  Thynn. 


p 

Bridgman,  Yes,  I  was.  And  these  were  the 
eaamiBBtioiM  that  were  taken. 

Sir  Fra.  Winn.  Wei'e  you  by  all  the  while  f 

Bfidgman,  ^r  i.ohn  Reresl^  and  I  did  take 
these  examinations  *.  And  I  will  read  then  if 
|F«u  please. 

L.  C.  J.  As  to  that,  let  it  alone,  if  you  please. 
Mr.  firidgaian,  when  the  Poknder  was  exa- 
Mined  ooaoernini^this  murder,  what  did  hesay  f 

Bridgman.  He  owned  it,  to  the  best  of  m^ 
remembntfioe ;  hut  i  refer  la  theexaooination  if 

L.  C.  J,  Look  upon  it  to  refresh  your  me- 
mory, Sir,  and  then  tell  us. 
.    Mr.  WUliama,  Looklhst  what  the  Polftilder 
•aid,  and  then  we  wfll  go  on  to  ethers. 

Sir  Fra.  Winn.  Now,  Sir,  will  you  pAease  to 
acquaint  my  lord  and  the  jury  what  he  or  any 
of  them  confessed  of  the  fact. 

Z.  C.  J.  What  the  Polander  oesfessed  first. 

Bridgman.  The  Foiander,  «pon  his  examifia- 
tiaa  befiire  air  John  Reraebv  and  <ne,  did  wm. 
that  he  came  into  England  at  the  desire  of 
iMunt  Cooinffsmark. 
*  L.  C  J.  Speak  only  as  to  himself ;  f«r  it  is 
svidcaeeonly  against  nimself. 

9it  Fra.  Winn.  My  lord,  his  eoafession  is 
matAte,  and  we  oanH  separate  it. 

L.  C.  J.  But  we  tnuat  Arect  what  is  ^mt 
and  fitting.  His  evidence  can  ehar^  no  body 
but  himself;  and  that  is  the  reason  t  wonJd  not 
hare  his  examination  rea^ ;  for  it  cannot  be 
read  but  only  against  himselT. 

Mr.  Bridgman.  Upon  his  «xaminatioB  he 
oonfsssed,  that  he  was  pcesei^t  when  the  oafi- 
tainetapped  the  oeach  ;  that  he  fined  the  saus- 

2uetoon  ky  the  captain's  order ;  and  that  before 
e  did  it,  the  captain  bid  him,  asssOTi  as  ever 
Im  had  stopped  the  coach,  to  fire. 
.    «ir  Fra,  Winn.  IMd  he  confess  he  did  fire  P 
Bridgman.  Yes,  he  did. 
X.  C.  J.  North.  As  he  does  now. 
L.  C.  J.  Look  you,  now  do  yon  isH  the  Po- 
iander,  that  the  evidence  against  him  is,  «hat  he 
ilid  fire  this  musi^ueloon,  or  UundeiiHiss,  or 
what  you  will  call  it. 

inierpreier.  He  d^es  confess  it. 
"  .     '  ■  ■ — • —  ■.  ■       III..- 

*  **  These  Examinations  are  i&sevtad  attfaesnd 
of  this  trial,  the  chief justieei  out  of  Ikroor  to  I 
4M>ant  Cooiugsmark,  not  perraittinff  them  to  be 
read  in  court,  as  he  ought  to  have  done ;  fivr  the  ' 
examinations  are  indeed  no  eridi^nce  against 
Aoy  butiheexaminant,  yet  are  they  not  to  be 
suppressed  beoanae  nanaing  otbeis,  but  onght , 
nevertbeles    to   be  read,    thougli    witli  the 
fifiiMsaid  cantioa  to  he  given  to  the  jury,  ether- 
^^e  the  most  material  evidence  might  be  quite 
Mgleeted,  since  ail  eonfiwriaas  niiist  be  taken 
ffflcre*  or  not  at  aU.''  KoteJA  imam  sditiMi.     I 


n]     STA1£  TRUI^,  34  C1IMI.BS  IL  1 68fi^«Mi/<^  C^mt  CmumgMsrk      [24 

VOali  Mr.  fiindgmidi  md  eir  John  JhM*y.        L.  €./.  3M4iviWhatiMr,tfiat4his  «ri- 
[Who  were  sworn  standing  upon  thetendi.  j      deneeis  giw  agniit  him  t  That  te  4id  ^- 
Interpreter.  My  lord,  ne  says  the  blander-    taeriy  wSauomlAge  hcdis<^fgedtfag  idonfisr 
liuss  fwas  giFon  fatm  by  the  eaptain.  buss  into  the  coach,  when  4»pta9a  VniB  u^ 

1  Sir  Fra.  Winn.  Mr.  Bric^man,  wmfc  you    ped  the  coach. 

by  at  the  tidnng  of  the  ezaminaftien  4if  these        Interpreter,  Yes,  my  lord,  he  says  it  is 

trae,  he  fired  aoeonKng  to  his  order. 

Sir  Fra.  Winn.  Pray,  Sir,  ooDsider  "whak 
was  confessed  by  the  captain. 

Bridgman.  He  confessed  he  had  a  4ls8igii  to 
fight  with  Mr.  Thymi,  and  Mr.  "VlbYciB  tering 
several timesrefuaed  to figli*  with  ikta^hie  ve- 
solved  to«hHgehim  to  -fight  (by  dbroe,  and 
therefiire  he  had  taken  these  fensoas^ilaog-widi 
him  ;  that  if  he  should  fail  in  his  jreyenge,  «r 
after  the  thing  done  he  shevld  be  pursmad,  4m 
might  make  bis  jesoape.  He^saodesBed  ibe-was 
there,  and  slopped  the  coach,  hat  the  JM^aiaii 
fired  by  mistake  ;  for  he  did  not  bid  him  Ana, 
but  only  in  case  he  should  he  Jnodered  fiom 
figfatiflg  or  aaaking  his  esoope. 

jL.  C.  J.  He  confessed  iie  osme  to  fight  Mr. 
ThnwP 

Bridgman.  Yes,  lie  did  so. 

L.C.J.  Andthct  he  stopped  the  coaehf 

Bridgman.  Yes. 

Sir /rs.  Wkm.  You  said  lAtfAediaogwas 
done,  what  was  that  thing  P 

Bridgman.  After  he  had  faaght,  in  4Mse  he 
should  be  stopped  in  his  escape,  be^Hd  iiie  P<^ 
laM^ttT  fi  rB 

fik  Fn^  mnn.  Did  he  confess  any  tiriiif  ef 
the  delivery  of  the  gun  to  him  P 

Bridgman.  HeoonfVMSod'the  IV>la«dcr  had 
die  gu.i,  but  he  said  nothing  firem  iwlioaB  lie 
faadk. 

JC.  C.  J.  Now  captain  Vratz,  yo^  bev  wihat 
is  said  against  you  by  this  gentleman  ;  that  you 
owned  yau  came  Ihithsr  with  a  design  to  fig-ht 
Mr.  Thy  on,  and  foroe  hiss  to  fight  if  hesbooid 
not  be  wiUing ;  and  you  bsought  these  ■son 
with  you  to  carry  yon  off',  in  ease  you  eh«uld 
kill  ium  ;  that  310U  didstop  the  osach,  «Bd  you 
said  you  did  not  give  him  ordei'  tofire«Blee6  he 
refused  to  fight  yon. 

Bridgman .  N  o,  unless  he  cohU  not  make  km 
escape. 

L.  C.  J.  Kow  what  say  you  to  this  ? 

Ahr  N.  JisbsuDn.  He  wires  to  uoderstBBd  it. 

L.  C.  J.  Whv  then  speak  itto  him,  yaii  that 
arc  rhe  uatforpaaer  P 

[Then  Mr.  Craven  interpreted  it  ta  bin  in 
French.] 

L.  C.  J.  Now  speak  aloud,  and  tell  iis  «fbat 
he  says. ' 

Mr.  Crtum.  He  says  it  is  very  true,  that  he 
was  there,  and  bad  that  gentleman  and  the  l*o> 
lander  along  with  him  as  his  servants,  Mr. 
Tbynn  being  a  gentleaaan  fiiat  had  always  a 
gi  eat  many  servants  about  Iiim.  And  be  s^, 
mv  lord,  that  be  had  received  an  affioiit  feom 
Mr.  Th^nn;  upon  that,  be  dialleaged  him, 
and  sent  letters  oat  at'  lioMand  ts  desire  hbn 
to  give  satisfectioB  by  fighting,  but  cwdd  have 
no  satisfaction  ;  and  therefore  because  in  M^aig- 
landHu«>lswerel(Hhii',hetbs«gfat  to  aaabe  a 
renesnoler  ai  st,  aad  4^  these  fsutlsnea 


3 


H]     ffoant^muMA, 


kktt,  tiiat  tf«o  lie  Mr.  i^jnn's 

«h«aMtt9««tthiiiii,  «rkn9eklte  jm 

li,  «r  hinder  Irim  liW  caoapiBg',  1b«t 

fc,  that  yott  iwmi«[  aAfem  one  ^wertiOD,  imd 
Atttis,  WlwtilieafitMit^vM  ^MtMr.  Tbyim 
fVPehiiiiP 

X.  C  J.  That  he  apprehends  be  g«^e  him  ? 

f1%e  laterpretoriKked  hin.^ 

Mr.  Crtnem.  Myior<l,4iefn^8,  tfaattttHNfh- 
VMnid  he  heard  be  ^Mkeand  gmye  out  very  til 
^fygc  of  count  GomngSHiaifc,  kHio  was.  hi3 
fiiew),  and  a  nan  he  had  many  obh^tieiis  to, 
aad  ao  of  hmeelf  too,  and  he  woold  never  ac- 
^oaiot  count  Coiuiigsmark  with  it,  but  would 
hare  satisfaetioB,  and  take  Ihe  quarrel  apon . 
hinadf,lieta|^  a  mrtleniaD  ;  he  says,  that  he 
heard  that  he  called  him  Heetor,  and  fjave  widi 
ai  kngoaflre  as  was  never  to  be  eoffered. 

Sr  N.Jokmim.  And  the  ^hion  in  Germany 
ia,  if  Aey  wwa't^^  to  shoot  Aein. 

*ir  Fra.  Winn.  How  can  you  tefl  that,  Sir  ? 
the  mierpreter  <bat  asked  me  question  says  no 
such  thin^. 

L.€7j.  Pray  wiHyouaskhimthis, whether 
ever  he  saw  Mr.  Tbynn,  and  bow  many  times  ? 

Mr.  Craven,  fie  si^s  he.  has  aeen'him  «e- 
vsnrf  Imes  in  the  f^^house,  and  ndin^  in  his 
coach  ;  he  did  not  see  hhn  at  Riehmood,  for  if 
he  had,  he  woold  not  have  put  it  op  so  lon^. 

Mr.  Williams.  I  believe  be  never  spc^e  to 
fain  in  his  life. 

X.  C.  J.  Ask  him  that  question^  whether  he 
ever  spoke  to  bi^A? 

Mr.  Crtseen.  He  says  he  had  no  fiiend  to 
«wd  to  Mr.  Thynn,  and  he  eo«dd  not  speidc 
with  Mr.  Thynn  himself;  for  Mr.  Tbynn 
fsight  think  Aat  he-wM  not  a  gentleman  good 
caongh  to  fight  with  him. 

L.  C,  J.  Ask  him  this,  aboot  what  time  he 
saw  him  at  the  piay-house. 

Mr.  CrowCTi.  He  says  be  does  not  remem- 
ber exactly  the  time  when  he  did  see  him  at 
<he  plMr-hoose. 

L.  C.  J.  Ask  him  vi4iefher  this  affront  that 
4e  pieteuds,  was  given  skiee  be  last  came  over 
ar  when  be  was  in  England  before  P 

ifr.  Crttcen.  He  says  it  is  eight  months  ago 
since  he  neoeiTed  the  affhmt. 

L.  C.  J.  That  was  before  he  went  out  6f 
^laod? 

Mr.  Craven,  Yes,  it  was  before. 

8Br.PVv.lFmn.  HesayshewritioMr. Thjnn 
'Sutof  H<^nd  ;  we  desire  to  know,  by.  ivbom 
be  sat  his  challenge  ? 

L.  C.  J.  Ask  him  if  he  sent  a  challenge  to 
Mr.  Thyrai  and  bv  whom  ? 

Mr.  Craven.  He  says  he  could  send  no  less 
tinD  a  genllemaii ;  and  he  had  never  a  gen- 
deman  to  send  by,  and  so  he  Rent  his  letter  by 
the  post. 

Mr.  Wiltiams,  Mr.  Brid!^mfm„  now  we 
vimid  ask  you  concerning  l^lr.  Stern,  the  third 


BrUgman.  I/et  me  have  the  examinyljon, 
ntf  I  «nll  KnA  upon  it  and  teU  you. 


MEc  WUlimi.  »Riy,do,6ir,^41«s«rfaitW 
said? 

Mr.  J3ri^||man.  Upon  hi^  eooimiaaliaa  he 
oonfased,  that  the  eaptmn  tcdd  him  he  had  « 
quamel  wnAk  a  geodenaa,  aad  tbitif  he  mmAi 
assist  him  in  it,  he  would  make  his  fartnac. 
And  that  the  «aptaiB  gave  himoaoneyto  buy 
the  blunderbuss. 

9k  Fra.  Winn,  ikmok  did  omfass  that,  did 
he  P  Bridgman.  Yes. 

JLC.J.  Did  he  oonjaas  he  was  atlfaelhstf 

Bridgnmn.  Yes,hecoafiBBaedhe  wasattho 
fact ;  and  he  said  when  he  oame  beyond  Cfaa- 
liae  Gross,  he  was  about  ten  yards  before^ 

andPhe  heard  tbe  captain  say ,  stop,  to  Oie  cmi^ 
upon  which  be  tamed  aoaut,  and  pme^rily 
saw  llie  shot  made,  a&dhe  saw  the  otherper- 
sons  ndeaiway,  and  he  made  away  after  them : 
andlbe  captain  further  told  him,  that  he  would 
iriae  :t««  or  tbve,  or  £B«r  hundred  crowns,  to 
il«da  man  that  would  lotll  Mr.  Thymi. 

Sir  Fra.  Wmn.  What  4lid  he  qieak  abevt 
stabbing,  er  about  an  Italian  ? 

BridgmtM.  He  said  tbatihe  eaptaia  dashed 
him  to  Mt  an  ItaUai^  that  wojU  atob  a  man, 
and  4hathe  ««mU  get  two  paniaris  for  that  pur- 
pose ;  and  that  it  was  before  the  Polonianoame 
over. 

X.  C  /.  This  is  DO  evidanae  againat  the 
captain ;  but  pray  nfiUyanteM  Stem  the  heutea* 
ant  wdiat  it  is  that  Mr.  iDridgman  does  testify 
against  him ;  that  he  ackaowladged  thus  and 
fhus  before  him.  And  pray  i^ieak  it  again,  Mr. 
Bridgman. 

Eridmmn.  Tbe4iaptain  told  Aatgoatiemaa, 
that  he  had  a  quairel  with  a  gantleman,  with 
whom  he  was  resolyed  to  fight ;  that  he  wasted 
a  goodaeirvant,  and  if  be  would  asskt  him.  be 
would  make  faia  fortune ;  that  he  gave  bim 
money  to,buv  the-  musqnetoan,  and  owned  he 
was  there  ;  that  he  went  out  with  the  captain 
and  Folander  on  honebaok,  afamit  fiva  «r  sia 
o'eledc  on  Bmiday  ;  that  ihey  went  towards 
Charing^ross,  and  when  they  were  gone 
beyond  Charin^-eross  into  the  Pall-MaH,  he 
heard  the  captam  say  to  the  coachman,  stop- : 
and  turning  immediately,  he  saw  the  shot  go 
off;  and  that  theyridmg  away,  he  followed 
them  ;  and  that  before  tbe  Pdander  came  aver 
the  captain  desifadhim  to  get  an  Italian  to  atah 
a  man. 

[Then  that  was  indcrpveted  to  iitem.] 

Mr.  Craven.  My  lord,  he  denies  Ihat  i|e 
spohe  any  thing  of  tour  hundred  poo&ds,  #r 
alMHittbe  Italian. 

L.  C.  J.  Tel)  bim  it  is  testified,  that  be  csn- 
iessed  ho  was  at  tlie  shooting  of  this  gentleman. 

Mr.  Craven.  He  says  l»e  was  there,  and 
brin^  about  ten  yardi  o(F,  he  heard  one  aay 
Hold,  to  the  coach,  but  he  cannot  say  it  was 
the  captain. 

8ir  Fra.  Whfin.  But  was  he  tbei'e  ? 

Mr.  Craven.  Yes,  he  say s  he  was. 

8ir  Fr«.  Winn.  Who  caused  hioi  to  be  there  T 

L.  C.J.  Ask  him  upon  what  occasion  he  was 
there? 

Mr.  Craven,  He  says  tbe  capiaia  entfeatid 


t7]     STATE  TB I ALS,  U  tnknhn  If. .  1 68t.-*7Wir/  of  (^mt  Ccningmaark     [tt 


bim  to  be  thereto  be  bb second,  to  figbt  with 
a  gentleman,  aud  that  was  the  reason* 

L.  C.  J.  Pray  tell  him  it  is  testified  here, 
that  he  bought  the  musqaetoon  and  charged  it. 

Mr.  Craven.  He  says,  he  did  assist  at  the 
loading  of  it,  he  was  by. 

Sir  Fra,  Winn.  Pray,  ray  lord,  let  lis  know 
who  it  was  asdsted  him  ? 

X.  C.  J.  Why,  that  is  no  evidence  against 
any  body. 

Sir  Fra.  Winn,  But,  my  lorfl,  it  was  deli- 
vered to  the  Polander  charged,  and  we  desire 
to  know  who  loaded  it  r 

L,  C.  J.  North.  That  is  no  evidence ;  but 
yet  the  question  may  be  asked,  and  then  the 
jury  may  be  told  it  is  no  evidence. 

JL.  C.  /.  But  We  must  not  let  the  jury  be 
possessed  by  that  which  is  not  evidence. 

jL  C.  J.  North.  Pray  will  yon  ask  him, 
Mr^  Craven,  who  helped  him  to  load  the  gun  ? 

Mr.  Craven.  The  captain  was  by,  he  2a;*s, 
and  the  captain  and  he  did  it  together. 

Sir  Fra.  Winn.  Now  we  wiUask  Sir  John 
Reresby  the  same  questions :  you  were  by,  Sir, 
at.  the  examinations  of  these  three  men,  |>ray 
what  did  the  Polander  say  uponhb  examina- 
tion? 

Sir  John  Rere$by»  My  *lord,  I  cannot  charge 
my  memory  wijtfi  the  particulars  ;  but  if  your 
lordship  pleases,  I  will  read  it 

X.  C.  J.  No,  refircish  your  memory  with  it, 
and  then  tell  us  the  aobstance  of  it 

Sir  JoAji  Rere^jf.  In  general,  he  did  confess 
to  me,  thai  he  was  the  person  that  did  discharge 
the  blunderbuss  into  Mr.  Thynn's  coach,  and 
that  he  was  commanded  so  to  do  by  captain 
Vrata. 

L,  C.  J.  That  is  the  substance  of  all. 

Sir  Fra.  Winn.  That  is  as  to  him ;  but  what 
did  Captain  Vratz  say  P 

L.  C.  J,  He  said  mat  he  did  go  out  with  an 
intention  to  fight  with  Mr.  Thynn,  and  did  take 
these  persons  with  him ;  that  he  did  not  order 
the  Polander  to  discharge,  but  he  mistook 
lum  when  he  bid  the  coachman  stand,  the 
other  apprehended  he  bid  him  shoot,  and  he 
did  so. 

Mr.  William.  What  said  Stem? 

Sir  J.  Reresby.  Stem  did  say  this,  that  the 
4Mtain  told  him  he  had  a  quarrel  with  an  £ng- 
.  lisn  gentleman,  and  desired  him  to  go  along 
with  nim  and  assist  him  in  it,  and  be  his  se- 
^nd ;  but,  said  he,  1  was  chieHy  carried  out 
#0  keqM^flr  the  people,  in  case  there  should  be  a 
croud  about  them  when  they  were  fighting ; 
llus  is  the  chief  part  of  what  tliey  did  confess. 

X.  C.J.  We  would  not  trouble  you  with 
more  tlian  is  material.  Did  he  acknowleilge 
lie  was  there  at  the  time  when  he  was  shot  ? 

Sir  X  Rere$bjf,  Yes,  he  did,  about  nine  or 
ten  yards  off,  1  think. 

L,C.J.  iJl  three  confessed  they  were  there? 

Sir  X  Rtn$by.    Yes,  they  did  so. 

JL  C.  J.  (North.)  Tbev  had  a  design  of 
Uliiig,  which  was  unlawful. 

Ba  X  Rere$by.  They  said  they  cameonpnr- 
piVtto  fight 


Sir  Fra.  Winm.  CaU  Mkbael  FenidcratoD* 
M^  lord,  we  would  willingly  spare  your  time* 
and  offer  only  what  is  proper  m  tliis  case,  and 
now  we  shall  produce  our  evidence  against  the 
Count,  and  if  any  thing  fall  out  ia  that  evi- 
dence that  touches  these  tlu*eeinen  (which  wt 
think  will  be  but  the  killiug  of  dead  mitu}  yovir 
lordship  will  take  notice  of  it.  Now  wc  shall 
not  go  to  open  the  heads  of  our  evidence 
against  the  connt  Sir  Francis  Withens  baa 
given  an  account  of  the  general,  and  our  wit- 
nesses'wiU  best  declare  it 

Mr.  Williams.  We  will  begin  with  Frederick 
Hanson.  [Who  was  sworn  aud  stood  up.] 
Uow  long  have  you  known  count  Conioga- 
mark  ? 

Hanson.  A  matter  of  four  years. 

Mr.  Williams.  Pray  do  you  remember  his  last 
ooming  into  England  ? 

Hanson.  Yes,  my  lord,  I  do  remember  it. 

Mr.  Williams,  Then  let  ns  know  the  time  ? 

Hanson.  I  think  it  is  above  a  montli  since. 

Mr.  Williams.  Where  ^vas  his  lodging  first  f 

Hanson.  The  first  time  1  saw  hiai  was  in  tba 
Post-bouse. 

Mr.  Williams.  Did  he  come  privately  or  pub- 
licly ? 

Hanson.  Privately,  to  my  best  knowled^. 

Mr.  Williams.  W  hich  ^ras  his  first  lodging  f 

Hanson.  In  the  Hay-Market 

Mr.  Williams.  Where  there  ? 

Hanson.  At  the  comer  house. 

Mr.  Williams.  How  long  did  he  oontinue 
there? 

Ifaiuon.  A  matter  of  a  week. 

Mr.  Williams,  Pray  in  all  that  time  did  he 
keep  privately  at.  home,  or  did  he  go  abroa4 
sometimes? 

Hanson.  1  believe  he  kept  his  chamber  all 
the  time. 

Mr.  Williams.  Were  you  with  him  at  any 
time  there  ? — Hanson.   Yes,  1  was. 

Air.  Williams.  What  company  did  use  t6  be 
with  liim  to  your  knowledge  ? 

Hanson.  To  my  knowledge  I  have  seen  Dr. 
Frederick  in  his  company. 

Mr.  Williams.  One  Dr.  Frederick,  you  say, 
who  else  ? 

Hanson.  When  I  came  from  Whitehall  on  a 
Sunday  in  the  evenintf,  when  my  lord  was 
going  to  bed,  I  called,  if  I  could  be  admitted  to 
see  him,  so  I  went  in  to  him,  and  a  liule  alter 
the  doctor  came. 

Sir  Fr.  Winn.  Pray,  Sir,  at  that  time  thathe 
was  in  that  lodging,  did  he  wear  his  own  haic^ 
or  was  he  in  a  msguise  ? 

Hanson.  That  Sunday  night  he  was  in  his 
night -cap  and  night-gown,  ready  to  go  to  bed. 

Mr.  Williams.  When  j^ou  first  came  to  him 
to  the  Post-house,  did  you  go  of  your  own 
accord,  or  were  you  sent  for  r 

Hanson.  Count  Coningsmark  sent  Ibrme^ 

Mr.  WilliasHs.  Was  it  sent  in  his  own  name^ 
or  in  the  name  of  anotlier? 

Hanson.  It  was  in  a  strange  mane,  Carlo 
Cusk. 

Mr.  William.  Have  yoo  the  note  by  yonf 


JTcMKm.  No. 

Mr.  WiUiams.  hk  ^vhose  cbanicter  was  it 
vrit? 

Hantm.  In  thje  t»nnt*s  own  character. 

Sir  FV".  Winn.  What  was, his  name  in  his 
fee  lotlgia^  ?  What  title  was  he  called  by, 
captaiii,  or  what? 

Hanson.  I  know  of  no  other  name  but  only 


291         STATE  TRIALS,  34  Charcbb  I!.  l6^%.^tknd<fiher§Jw  Murder.  [SO- 

]rou  are  a  man  of  onderstanding',  did  yoa 
frequently  see  captain  Vratz  in  his  company  f 
Mow  often  do  you  remember  you  saw  him  at 
his  lod^ng  ? 

Hanson,  I  do  not  remember  that  I  saw 
captain  Vratz  at  that  lodgings  above  one  single 
time. 

BIr.  WUlittfM.  Pray,  Sir,  thus :  Did  captain 
Vratz  come  with  the  count  into  England  thia 
last  time  ? 

Hanson.  To  my  best  remembrance  he  did. 

Mr.  Williams,  You  say  captain  Vratz  came 
with  the  count  to  England. 

Hanson.  I  belief  e  he  was  before  the  count, 
but  not  long  before :  I  cannot  exactly  tell. 

Mr.  Williams,    How  long  bei'oretne  count? 

Hanson.  Truty  1  cannot  tell,  bot  I  beliere 
not  long. 

Mr.  Williams,  What  makes  yon  think  he 
came  into  England  with  him  f 

Ha/ison,  Because  I  saw  hini  in  oompsny 
with  the  count,  as  soon  as  I  saw  the  connt. 

Mr.  Williams.  Were  they  in  oompeny  at 
the*po8t-faouse  ?'^Hanson»  Yes. 

Nir  Fr.  Win,    And  you  saw  him  eiwe  at  Ini 
firht  lodging  l*—£ran«on.  Yes- 
Mr.  WilTiafns.   Ptay,  Sir,  haTe  you  carried 
an^  message  from  the  count  to  the  Swedish 
resident  ? 

Hanson.  My  lord,  I  can  say  tliis  upon  my 
oath,  to  my  best  remembrance,  count  Coning»* 
mark  nerer  charged  me,  or  gave  me  any  ])osi<' 
tive  order  to  go  to  the  Swedif^h  envoy,  but  ho 
diti  name  the  Swedish  envoy  to  me,  as  if  he 
were  willing  to  know  his  advice;  and  so  f 
being  obliged  to  pay  my  respect  to  the  Swedish 
envoy,  who  had  treated  the  young  count  and 
myself  very  civilly  before ;  and  so  paying  raj 
respects  to  the  said  envoy,  I  did  remember  the 
conversati*  n  I  had  with  the  count,  and  spoke 
with  the  said  envoy  about  this  business,  and 
that  is  all  that  I  can  say. 

Sir  Fr.  Win,  What  was  that  message  ? 

Hanson.  I  say  there  was  no  direct  message : 
But  I  say  this  was  the  business :  count  Uo« 
ningsmarlc  told  me  in  prirate  fiimiliar  dis- 
course, that  he  had  lieard  that  esquire 
Tbynn  had  spoken  some  abusive  langfoaffn 
of  him,  and  he  would  tain  know  what  uo 
consequence  of  this  would  be  if  he  eboold ' 
call  him  to  account  about  this  business  ?  And 
he  named  the  Swedish  envoy  to  me:  And 
I  saw  his  desire  was  to  know  his  opinion 
about  the  busiuess,  what  the  oanseqnence  of  it 
would  be.  So  1  spoke  to  the  Swedish  enyoy^ 
and  he  g*ave  roe  this  answer.  That  if  the  Obnnt 
should  any  way  meddle  with  esqnire  Thynn 
he  would  have  but  a  bad  living  in  England  (^ 
bitt  what  the  law  wonld  say  in  that  partieular 
case  he  could  not  answer,  but  he  would  en* 
quire,  and  atterwards  would  give  me  an  ac* 
count :  but  I  never  spake  with  him  after. 

Sir  Fr,  Win,  I  ask  you,  beoause  you  haro 
bceu  formerly  examined  in  another  pifoe, 
about  this  matter ;  do  you  remember  anything 
that  ever  yon  heard  the  count  ipeekilig  w 
fighting  with  Mr.  Thy  no  ? 


Sir  Fr.  Winn,  Was  it  known  to  any  person 
in  die  family  ?  -^Hanson.  No. 

Mr.  Willunns.  When  did  he  remove  from 
tiience  ? —  Hanson .  I  know  not. 

Sb"  Fr.  Winn.  Yon  say  the  first  place  of  his 
M^Dg  was  in  the  Hay- market,  where  did  yon 
wee  him  the  second  time  ? 

HcuMon.  At  a  corueriiouse,  I  know  not  the 
ttune  of  the  street. 

Sir  Fr.  Wiihens,  Did  he  direct  you  to  come 
tohim? 

'SUt.  Wiiliams.  Had  you  any  discourse  with 
him,  what  his  business  was  here  in  England  ? 

Hanson.  I  asked  liim,  if  we  should  have  his 
fompany  here  some  time  ?  He  told  me  he  was 
l^»me  over  about  some  business,  and  was  after- 
wards togo  into  France. 

Mr.  Williams.  Then  he  never  told  you  what 
^mt  badness  was  ? — Hanson.  No. 

Mr.  Williams.  ^Vhere  was  his  second  lodg- 
(pg,  do  you  say? 

Hanson.  It  was  at  a  comer  house^  not  above 
two  streets. oflTfttMn  the  former. 

Mr.  Williams.  How  long  did  he  continue  in 
his  second  lodging  ? 

Hanson.  A  tew  days,  because  the  clumney 
lid  so  smoke,  that  he  could  have  no  fh-e  made 
IP  It. 

Sir  Fr.  Winn.  Then  I  ask  you  in  his  se- 
eeod  lodging,  was  he  tlierc  publicly  or  pri- 
Tstdyf 

Hanson.  He  was  there  afler  the  same  man- 
ner that  he  was  in  his  first  lodging. 
Mr.  Wiliiams.  Whither  went  he  afterwards? 
Hanson.  Tb  St.  Martin's-lane,  I  think  it  Is 
foHed. 

Mr.  WUliams.   How  long  did   he  continue 
there? 

Htnson.   There  I  saw  him  the  last  time  be- 
fore he  went  away. 
Mr.  WiUinms.  *When  was  that  ? 
Hanson.   It  was  Sunday  evening,    after  I 
oame  from  Whitehall. 

Mr.  Williams.  Was  it  near  the  time  of  kill- 
kig  Mr.  Thynn? 

Hanson.  It  was  about  two  or  three  hours 
afterwards. 

Mr.  Williams.  Was  he  as  private  there  as  he 
was  in  his  otlier  lodgings  ? — Hanson,  Yes. 

Mr.  Williams.  What  company  came  to  him 
fliidier?^ 

Hanson.    The  same  that  came  to  him  in  the 
idler. 
Sr^r.  Win.  Who  were  they? 
Hanson.  The  doctor  was  in  his  company. 
fkeFr.  Win,  And  who  else? 
Hanson.  I  saw  one  captain  Vratz  there. 
Sr  Fr,  Win*  Sir,  I  ask  you  upon  your  oath, 


Haiwm,  CooBt  CoBiagmlark  spoke  to  hm 
in  the  Germki  luDffuage ;  I  spoke  to  the 
SSwedish  agent  in  French  ;  and  when  I  was 
before  the  King  and  council  I  spoke  in  English; 
tfierelbre  I  desire  no  eril  construction  may  be 
nade  of  it.  I  cannot  remember  tiie  count 
spake  of  killing  or  duelling.  On  the  contrary 
i  oan  swear  for  count  ComngsuMurk  this,  That 
1  am  confident  he  never  told  me  that  he  had 
resolved  or  would  fight  with  Mr.  Thynn  or 
wonid  eall  him  to  aeooant,  bat  if  he  should  eall 
kim  to  aooouttt,  what  would  be  the  ooaavquence 
of  it. 

Sir  Fr.  Wm.  Call  him  to  aeeovmt  abe«it  what  ? 

Hanstm.  The  count  in  faniliar  diseoufse 
ivith  Hie,  did  teB  me,  that  he  had  heard  esquire 
Tfa^n  had  spoke  abnsiveW  o^kim. 

Sir  Fr.  Win,  How  had  he  spoken  abushelfjv 
•fhim? 

Hanson.  He  veieeted  npa»  hi»  pereaB  aad 
aywi  bis  hevse; 

ftfp.  Wiiiiunm.  Was  there  mv  thine  m  that 
Message  about  marrying  my  lady  Ogb? 

Safuon^  That  was  the  last  part  «i'  the  qiie^^ 
iNbv  '^^^  if  ^  should  meddle  witlr  eiX|«re 
Thynn,  what  ths  eoneemeBJce  mif^  be,  if 
ttie  hrwa  wi  Englanif  wouM  be  contmy  to  him 
m  the  hopes  or  pfetensions  be  might  faanre  to 
my  lad  V  Ogle. 

tfr.  WiUiams.  Yon  mince  your  words  migh- 
ty 'y,  pray  femember  yewjelf;  Did  be  speak 
of  kilfing  Mr.  ihvnn,  or  thati  Mr.  Tkymi 
jtbovdd  her  destroyed  ? 

Hamon,  No,  biff  phrase  was,  if  he  should 
hare  wm  aidnmtage  ef  hhii^  wheof  he  shonU 
meddle  wiin  bimy  or  eaJl  bimf  to  aa  aoee«i% 
trhattbercoMB^paeaceKriiifatbe;  I  eilwsay  this 
mp^tk  niT  eoasjif  ce. 

Sir  JV.  Win,  Sh*,  yeit  are  in  &  place  wheie 
y««  ai»  swvna  to  spede  the  truth,  the  who^ 
trath,  and  nelking  b«t  the  truth:  Whait 
relation  have  you  to  eotaat  CooiDirsmaNrk's 
fiuDily  P 

Hmtmn.  I  have  m>  voiatioB  to  iSk%  ftftnily 
•tall. 

IKrJV.  Win,  iore  ttat  ysu  giwefst  t»the 
ymag  c4wit? 

HssKm.  Thecooatssa  has  gitcn  me  her 
ymmgvff  son^  fcr  me  to  be  Ms  earapoiiion  in'his 


1 682.^7VM  0f  CmM  Omtngmntk     [Sd 

L.  C.  J.  Pray,  Sir,  thus :  what  ivaa  the  dis- 
course, as  near  as  yo«  can  remember  it,  be- 
tween count  Coningsmark  and  you,  relatitt|( 
to  Mr.  Thyrni. 

L,  C.  J.  North.  Tell  the  whole,  Sir,  ihr  you 
are  bound  to  tell  the  whole  iodifferently. 

Sir  Fra.  Winn.  And  pray  rememlier  what 
you  swore  in  another  place. 

Hanson.  The  count  sent  to  me  a  note,  that- 
he  hod  »  mind  to  speak  with  me,  and  be  oi- 
tertained  me  with  a  familiar  discosurse  about 
his  tiavetting,  and  about  the  settling-  of  his  bu- 
siness, and  thereupon  he  fell  upon  other  dis* 
course  about  iVIr.  Thynn,  and,  not  o>  mistake, 
havipgr  had  time  i»  my  own  ehembery  I  have 
put  it  down  in  writings  to  satisfy  my  toed  and 
all  thie  honourable  OmrU  what  1  can  sav  a 


thie  honourable  Omrt^ 
this  matter. 


say  about 


Sir  Fr.  Win.  Sir,  I  ask  you  aplain  ysestbm, 
1st  it  lieat  yoinr  own  deor,  i#  yam  will  not  tdl 
the  trutk;  hmt  yoa  any  conversation  witli 
Cemgsnark.  irhei^in  he  did  desire  you 
advice  ef  the  SwedlBb  envoy  or  resident 
abont  dnellinr  Mr.  Thynn,  or  in  case 
ha  should  kiU  Mr.  Thyno,  or  upon  any  such 

Jimssn.  Ify  lord,  I  say  this  was  s{ioken  in 
Mveral  hmgwafss,  b^  the  Count  in  Ehttoh,  by 
myself  to  tne  envoy  m  French ;  and  I  do  know 
I  swore  bclbre  the  king  and  council,  but  I 
camiot  hnr  thin  to  cevnt  Coningmiark's  charge, 
ler  then  l  nsust  forswear  myself. 

WurFra.  Winn.  Sir,  yea  ca»  answer  nse  all 
mj  fsslms  ia  Eng&b,  tf7oa  pit 
mdiacoarsevFas. 


[OTr.  Hans'on  reads 'Tis  very  hnrd  to 

give  a  true  sfbcount] 

L.  €.  J.  Read  it  to  yourself  if  yoa  will, 
aad  toil  as-  the  substance. 

Uamm^  If  my  worde  may  net  l^um  to  tha 
orejadioe  of  my  lord  count  (Coningsmark  v 
but  this  is  the  substance  of  the  thin^ .  -  My 
lord  coniit  Coningsmark  did  teU  me  m  a  fh- 
miliar  discouvse,  that  e8i|«ire  Thynn  bad  spokea 
soma  reflsetiny  words  upon  him  ;  he  did  de- 
sire to  know  if  he  did  call  him  to  aooounty 
whether  in  this  ease  the  laws  of  England  might 
not  go  contrary  to  hw  design ,  in  uis  preten-^ 
sions  tlmt  he  mifgbt  have  upon  my  ktdy  Ogle. 
And  in  tliat  familiar  discourse,  he  sccBfied  to 
think  that  monsieur  liienburgh  could  give  him 
advice.  In  a  Httle  while  afterwsurdSft  I  ^vaa 
paying  my  respects  to  the  enroy,  and  reflect- 
ing upon'  the  Count^s  conrersation,  I  spoke 
to  him  aboat  this  business^  aad  his  answer  wan 
this  ;  he  told  me,  that  if  be  should  meddle 
^vith  Mr.  Thynay  he  would  have  no  good 
living^  in  England  :  but  as  to  the  particular 
^Mestion^  what  the  eeijne<|^ence  mk'  the  hiw 
miaiit  be,  he  did  aol;  know,  but  would  enquire 
and  tell  me  ;  but  1  never  udced  him  any  ques* 
tton  about  it  aHerwards.  And  if  my  conver- 
sation with  tliis  count,  or  with  monsieur  Lien- 
bargh,  sheuld  turn  to  the  count's  prejudice  I 
should  be  answerable  for  it  to  God  aad  my 
own  conscience,  all  the  days  of  my  life.  I 
desiee  Mr.  Thynn's  bkiod  might  be  revenged, 
but  I  desire  also  that  innoceat  Mood  may  bt 
spared. 

Sir  Fra.  Winn.  Pr^y,  Sir,  will  yoa  look 
upon  that  paper ;  you  signe«i  it. 

L.  C.  J.  North.  Only  to  recollect  your  m^ 
mory. 

[Then  he  was  shewed  his  Examination  be- 
fore the  council.] 

L,  C.  J.  Now  you  have  read  it  over  ;  that 
there  is  under  your  own  hand  ?  Do  you  near 
again  dehver  the  Sabetance  of  your  disoourse 
you  had  with  count  Coningsmark,  aa  you  will 
stand  by  it. 

Hmnwn,  Isne  thai  them  are  eSpveaNnoi  ia 
tkia  paper. 


n]        STATE  TRIALS,  34  Ch ari^ea  II.  l^^^-^-^md  Merit/or  iffttrAr.        [H 

Ih  C*  J.  Speak  not  wb«t  is  io  tliat  paper, 
loft  vhat  discourse  (as  near  as  you  cap)  you 
liad  wteh  ooont  Coniagwnark. 

Hansom.     My  discourse  with  count  Cp- 

Biotgaoiark  was  this :  in  a  familiar  discourse 

SBwngst  other  ihinss,  be  spoke,  tliat  he  heard 

cs||iace  Thyan  had  affronted  him,  I  do  not 

Jmowupon  what  sulject,  but  I  believe  it  T^as 

9aidB  reflectinif  upon  him  and  his  horse  ;  he 

&I  not  tell  me  that  he  denred  me  to  go,  nor 

Hd  he  give  me  any  posttive  charge  to  go  to 

die  Swedish  eoYoy,  but  by  the  discourse  1 

bad  with  hina,  I  did  understand  that  he  was 

desiioQS  to  have  his  advice ;  I  thought  bis  in- 

cfiastioaa  were,  that  I  should  go  and  ask  his 

advke ;   I  did  not  go  on  purpose  to  do  the 

OKsag^^  nor  dill  I  receive  any  order  tnat  can 

W  called  a  message,  in  my  life,  to  my  remem- 

bnnoe ;  but  when  I  came  to  pay  my  respects 

ma  ftinihar  discourse,  I  did  propose  this  to  the 

cavoy ;  what  might  be  the  consequence,  if  the 

oofuit  should  call  Mr.  Thynn  to  account ; 

and  he  told  me  the  same  answer  that  1  have 

already  told  you.    Now  this  I  desire  only  to 

ooosider,    that  it   was  spoken  in  divers  lan-^ 

guagca ;  and  if  a  man  should  write  down  my 

expressioiBS  now,  as  they  came  from  me,  they 

WMld  upon  reading,  perhaps,  appear  not  so 

well ;  so  if  these  expressions  of  mine  should 

tea  to  isount  Coningsmark's  prejudice,  as  that 

I  ^oukl  swear  that  this  phrase  of  killing  or 

diielliii|[^  was  used,  or  that  ever  qount  Conings- 

marictoU  me  that  he  resolved  to  call,  or  tnat 

be  would  caO  him  to  an  account,  I  miffht  do 

bim  wrong,  perhaps  ;  but  if  he  should  call 

bim  to  aooount,  what  might  be  the  conse- 

ipieoGe  of  it. 

Sr  Fro,  Win.  I  would  not  entangle  you, 
bol  only  I  would  seek  after  the  truth.  I  do 
B0t  ask  yon  positively,  whether  he  did  bid  you 
n»  to  aak  advice  of  the  Swedish  envoy,  that 
he  did  resolve  so  and  so ;  but  did  he  discourse 
it  thus,  if  he  should  duel  him,  or  fight  him  P 

Jioiuoit.  As  I  am  before  God  Almighty,  I 
caniiot  ny  I  heard  such  csxpressions. 

Mr.  WiUiamg.  Pray,  Sir,  you  confess  you 
aojoaiiiled  the  envoy  with  it  t — Hanson.  Yes. 

Mr.  WUlians.  Did  you  bring  the  Envoy's 

iwer  to  the  gentleman,  or  no  ? 

Hamaon.  If  1  should  be  upon  the  gospel,  I 

I  sore  I  caimot  exactly  tell  what  was  the  ex- 


L.  C.  Baron,  What  was  it  that  you  dis- 
ttiafld  be  doubted,  if  he  did  csdl  Mr.  Tbyon 
to  account  ? 

Sr  Fro,  Winn,  He  spoke  in  rdation  to  a 
naunage,  pray  what  was  it? 

Jir.Wittimm,  What  did  that  if  relate  to  ? 

Hatuon,  If  he  should  ask  him  satisfaction 
flboot  ii,  havioff  heard  that  he  had  spoken  abu- 
VFeworda  of  nim. 

Sr  Fra.  Win,    What  then  was  to  follow  ? 

floBSoii.  If  he  should  call  him  to  account 
An  hgqrr  the  burs  of  Eaglaad  might  do  in 
Ikiipoiiit;. 

Mr.  WUUam,  To  whom  ? 

BoMttm.  Totbeoowit. 

TOU  IX. 


Mr.  miiiam.  What  should  be^  him  P 
Hanson,  Whether  the  law  should  be  coin-^ 
trary  to  him  in  the  design  and  proposals  he 
might  have  concerning  the  young  count^a# 
of  Ogle. 

Mr.  Williams.  Well,  I  see  you  will  give  n# 
reasonable  answer  to  that ;  but  now  when 
came  the  Polander  over  into  Eoj^laod  ? 

Hunton.  I  cannot  say  positively  I  can  tell 
when  he  came. 

Mr.  Williams,  But  when  did  you  see  him 
first? 

Hanson.  Upon  the  Friday  he  came  and 
asked  me  for  the  count  at  M.  Faubert's  acar 
demy.  Now  the  young  count  Coningsmark's - 
chamber  and  mine  joins  together,  next  to  one 
another,  and  there  came  a  inau  with  him,  I  do 
not  know  his  name,  but  if  I  see  the  man  I 
know  hiin. 

Mr.  Williams,  You  say  the  Polander  came 
over  on  Friday.* 

Hanson.  He  came  to  me  on  Friday. 

Mr.  Williams.  And  he  came  to  yon  to  the 
French  academy ,  to  enquire  for  count  Coningsr 
mark  ? — Hanson,  Yes,  he  did  so. 

Mr.  Williams,  Had  he  any  letters  P 

Hanson.  Yes,  he  had  two  letters. 

Mr.  Williams,  From  whom,  and  to  whom  P 

Hanson.  I  asked  him  if  he  had  any  lettef 
for  count  Coningsmark,  andhesaid  no;  bui 
he  told  me  he  had  two  letters,  and  the  oi^e  waft 
to  the  count's  secretary,  and  the  oth^r  was  t^ 
the  count's  steward  in  London.  So  \  gave 
him  back  lus  letters,  and  asked  him  wben^he 
came  ?  He  told  me  he  waf  just  come  mtf 
England.  I  asked  him  whether  he  had  bfpil 
a  great  while  at  sea  ?  And  he  told  me  yea  ( 
and  that  it  was  stormy,  and  he  had  like  tf 
have  been  cast  away  :  said  I,  I  hear  you  vt 
expected,  therefore  nave  you  paid  your  lodgr 
ing?  No,  said  he;  theu,  said  I,  go  and  jip 
your  lodging,  and  come  to  me  in  me  mornisiy 
early. 

Sur  Fra.  Winn.  You  say  you  heard  he  W911 
expected,  pra\'  who  expected  him  P 

Hanson,  The  count;  for  he  had.spokaa 
formerly  twice  of  the  Polander,  and  in  Iha- 
great  storm  thought  he  had  been  drowned. 
To  the  best  of  my  remembrance,  I  have  heanl 
the  count  speak  twice  of  this  Polander. 

Sir  Fra.  Winn.  Of  this  man  P 

Hanson.  I  suppose  it  is  the  same- 
Sir  Fra,  Winn.  You  say  you  saw  him  09 
Friday  ? — Hanson.  Yes,  I  did. 

Mr.  Williams.    When  did  he  ?peak  of  th4 
stormy  weather,  and  that  he  was  afraid  the-^ 
Polander  mi^t  miscarry  ? 

Hanson.  About  12  or  13  days  before. 

Mr.  Williams.  Now  say  as  near  as  }'ou  can 
what  the  count  said. 

Hanson.  He  said  the  Polander  was  a  mighty 
able  man,  and  understood  horses  ;  and  the 
count  had  a  mind  to  buy  English  horses,  and 
intended  to  havehfid  this  Polander  as  a  groom, 
to  dress  them  after  the  Geiman  way,  and  no 
man  was  abler  than  the  Polander  to  do  it ;  an^ 
when  he  spoke  of  it,    I  went  once  to  tho 

D 


..*.^ 


85]      STATE  TRIALS,  34  Ch aeles  11.  l682.— Tria/  of  C&unt  ConingMtark      [i& 


'Change,  ancT  enquired  whether  tlie  ship  was 

lost? 

Sir  Fra.  Winv.  By  whose  direction  did  you 

gato  enquire  whether  the  ship  was  lost  ? 
Hanson,  I  had  no  direction,  but  only  count 

Gopiogsmark's  speaking  about  it. 

-    Sir  Fra,  Winn.  He  seemed  to  be  concerned 

at  it,  did  he? 

Hanson..  Yes,  he  was  afraid  that  the  Po- 

lander  would  be  drowned. 

Mr.  Williams,  You  say  you  directed  him  to 

clear  his  quarters? — Hanson.  Yes, I  did  so. 
Mr.  Williams.  Did  you  see  him  again  the 

Bext  day  ? 

Hanson.  Yes,  he  came  the  next  day. 

Mr.  Williams.  Was  he  the  next  day  in  com- 

|>any  with  the  count,  or  no  ? 

Hanson.  I  brought  him  to  the  count. 

Sir  Fra.  Winn.  Where  ? 

Hanson.  It  was  a  little  before  noon ;  because 

I  went  the  back-way,  and  left  him  at   the 

Cpunt's  lodging.  , 

Mr.  Wiili.^ms.  Did  you  leave  him  with  the 

count? — Hanson.  Yes,  I  did. 

Mr.  Williams.  Pray  as  long  as  you  were 

there,  what  passed  between  the  count  and  the 
Polnnder  ? 

Hanson.  I  remember  very  well  what  passed 

between  the  count  and  biro,  for  I  have  thought 
of  it.  He  spoke  to  him,  and  called  him  Thou, 
«a  to  his  servant,  and  asked  him  where  he  had 

l>een  all  the  while  ?  And  he  answered,  he  had 
been  at  sea,  and  tossed  up  and  down. 
'    Sir  Fra.  Withens,  Pray  ^vhat  directions  had 
|rougiven  about  a  sword  for  that  Polander  ? 

Hanson.  I  went  to  the  count's  lodffings,  and 
being  desired  by  htm  to  stay,  I  desired  he  would 
exdttse  mt*,  for  I  could  not  stay,  because  I 
was  to  g-o  aboiit -another  business ;  he  told  me 
the  teltow  was  all  naked,  and  he  had  no  man  to 
■eiid  to  buy  him  a  riding  coat ;  I  told  him  I 
wonkl  very  willingly  and  heartHy  do  it.  And 
after  I  had  dined  1  went  to  an  house  near  the 
fiay -Market,  and  bought  a  riding- coat,  and 
brought  thelidinff-coat  to  the  count's  lodg- 
ings. I  dehvered  it  to  the  count.  Then  the 
count  told  me  bis  man  had  never '  a  sword, 
and  I  asked  him  how  much  his  lordship 
weukl  please  to  bestow  on  a  sword,  he 
told  me  a  matter  of  tOs.  or  thereabouts  ;  1  told 
him  I  did  not  know  where  I  should  get  such 

/a  swonl,  nor  how  to  send  for  it,  because  I  was 
to  meet  his  brother ;  but  I  mthal  said,  it  is  no 
matter  for /that,  I  viW  take  care  you  shall 

.  have  it  this  erenuig  ;  I  went  intoSt.  Martin's- 
Lane,  but  could  not  find  ever  a  sword  worth  a 
groat.  Then  I  went  as  for  as  Charingr-Cross 
to  a  cutler  whom  I  knew,  so  1  told  hmi,  Sir, 
6«|d  I,  I  have  a  commission  to  bestow  tOs. 
upon  a  sword  for  a  servant,  therefore,  said  I, 
I  leaTe  it  to  your  discretion,  use  my  friend 
well,  and  um;yoiu^elf favourably  too.  I  asked 
him  when  I  should  have  the  sword,  he  told  me 

•  in  the  eycniog ;  I  told  him  I  wxratd  call  for  it 
when  I  came  from  the  play,  where  I  was  to 
be  with  the  comit's  brodier.  When  I  came  back 
with^  the  young  count  Coning^mark  (jom  the 


play,  I  called  for  the  sword,  but  hc5  told  me 
It  was  not  ready.  I  seemed  to  be  a  little 
angry,  and  told  him  that  it  was  strange,  a  gen- 
tleman could  not  get  a  little  sword  ready  for 
him  in  an  whole  afternoon.  Well,  Sir,  said 
he,  pray  do  not  be  impatient,  I  will  send  you 
the  sword,  and  afterwards  be  sent  it  to  the 
academy,  and  I  afterwards  sent  the  sword  to 
count  Conin^mnrk's  lodgings. 

Mr.  Williams.  Pray  had  you  this  direction 
for  the  sword  after  you  had  brought  the  Po- 
lander to  the  count,  or  before  ?  "    .  ^ 

Hanson.  Count  Coningsmark  did  never  give 
me  any  direction  or  charge  to  buy  a  sword 
for  him,  but  I  did  offer  niy  service,  if  h« 
pleased,  because  he  said  he  had  no  body  to  seud. 
Mr.  Williams.  Sir,  you  do  not  know  tha 
question,  or  you  won't  apprehend  it ;  pray, 
when  had  you  this  direction  from  the  count  to 
buy  this  sword  ? 

Hanson.  On  Saturday  in  the  afternoon. 
Mr.  Williams.  When  was  it  you  brought  tht 
Polander  to  the  count  ?  . 
Hanson.  In  the  morning. 
Sir  Fra.  Winn.  Pray  let  me  ask  you'  ano- 
ther question.    When  was  it  you  ftrst  heard 
Mr.  l^ynn  was  killed  ? 

Hanson.  I  heard  it,  I  believe,  about  dght 
o'clock  in  the  opening  on  Sunday. 

Sir  Fra.  Winn.  Had  you  any  discourse  witb 
the  count  about  die  murder  ? 
Hanson.  Yos,  I  had. 

Sir  Fra.  Winn.  Pray  tell  what  that  dis- 
course was? 

Hanson.  I  was  at  ^Tliitehall  till  ten  of  tha 
clock,  and  then  I  went  to  the  count  ;  but  I  de- 
sire this  may  not  be  taken  as  an  extraordinary 
visit,  because  I  used  to  go  to  him  on  Sundays 
in  the  evenings,  and  those  three  Sundays  be- 
fore he  was  taken,  I  used  to  come  to  nim  in 
the  evening,  after  I  had  been  to  Whitehall. 
When  I  came  into  his  lodgings  I  found  him  in 
his  night-cap,  and  his  ni^ht-gown ;  he  asked 
me  wnat  news,  I  told  him  I  could  tell  him 
great  news,  and  that  was  of  the  kilhng  of 
esquire  Thynn,  who  was  shot  in  his  coach : 
The  embassador  of  Savoy  had  told  me  all  that 
he  had  heard  about  it,  and  I  told  it  him.  *  After 
I  had  spoken  of  this  business,  he  asked  ma 
where  hts  brother  was ;  I  told  him  his  broths 
W9S  at  the  dnke  of  Richmond's.  And  after 
some  discourse  I  went  away. 

Sir  Fra.  Winn.  When  you  told  him  of  tht 
murder  of  Mr.  Thynn,  did  he  make  no  answer, 
nor  say  any  thing  about  it  ? 

Hanson.  He  did  not  make  me  any  answer, 
by  which  I  could  conclude  that  oountCooings* 
mark  ^'as  anyway  concerned  in  the  business. 
Sir  Fra.  withens.  Pray,  Sir,  I  ask  you 
upon  your  oath,  the  count  is  a  man  of  great 
quality  himself;  when  you  told  him  of  such  an 
horrid  murder,  what  did  he  say  nothing  about 

it? 

Hanson,  He  asked  me  sereral  qoestiont 
what  the  people  did  say,  but  I  would  not  moke 
any  mistake. 

Sir  Fra.  Winn.  Tell  all  he  said,  Sir,  about  ill 


^n         STATE  TRIALS,  34  Ch IRtBS  11.  lfi83.--*«Mf  oiken^fer  Murier.         [5S 

L,C.J,  Youtnaj  eximioe  bun  in  French, 
if  you  will. 

Mr.  Wiiliatnt.  And  I  undersUnd  none  but 
Pedlar's  Fi-ench. 

Sir  Fra.  Winn.  Thetrutii  of  it  is,  what  your 
lordship  savs  cannot  be  opposed  rcffularl^ ;  but 
1  do  appeal  to  3'our  lordship,  and «U  the  judges^ 
and  all  the  court,  whether  this  man  does  an- 
swer like  an  ingenuous  man  ;  you  see  he 
shifts. 

L.  C.  J,  I  do  not  see  it,  nor  do  I  believe  any 
see  he  shifts  in  any  thing  you  nak,  of  hira  ; 
cither  he  tells  vou  what  the  question  is,  or*the 
reason  of  it ;  now  far  that  is  a  reason,  is  left 
to  the  jury  to  consider. 

Sir  Fra.  Winn.  Certainly  it  can  do  no  hurt 
to  hare  an  Interpreter. 

X.  C,  J.  North.  My  lord,  if  there  be  two 
ways  to  take,  'tis  best  to  take  that  which  will 
g^ive  satisfaction  to  all  pei'sons;  let  him  be 
asked  by  the  interpreter,  what  qnestioDs  th« 
counsel  would  have  answered,  and  then  let  him 
tell  his  answer  in  French. 

I,  C.  J.  If  that  be  liked  better,  let  it  be  so, 
Mr.  Craven,  can  you  tell  the  substance  of  the 
evidence  that  this  gentleman  hath  given  1* 

Mr.  Craven.  No,  I  caunot,  his  ev  idcnce  has 
been  so  long,  and  so  many  cross  questions  hav^ 
been  asked. 

l%r  Fra,  Winn.  I  would  spare  your  time- 


HanMm.  1  told  him  th«  greatest  news  I  had 
IS,  the  killing  of  I^Ir.  Thjrnn ;  and  I  told  him 
who  brongbt  the  news;  and  I  told  him  the 
cMBt  were  angry  at  it,  that  sndi  an  accident 
ahooU -happen ;  and  I  said  it  was  an  Italian 
trick,  not  used  in  Si^land. 

Sir  Fra.  Winn.  What  said  be  then  ? 
.   Mr.  WUiianu.  Pray  do  yon  remember  what 
he  said? 

Hanttm.  What  I  have  answered  now.  He 
JBade  me  such  qnestMHis  upon  this  story  as  I 
have  told  yon. 

L,C~  X  I>et  him  explain  himself:  Pray,  as 
as  jou  can,  relate  what  discourse  you  had 
count  Coningsmark  that  Sunday  night, 
yon  came  to  him  and  told  him  of  the 
■wrder. 
Sr  Fra,  Winn,  What  did  he  say  to  yon? 
Jlinijoii.  I  will  tell  yon,  my  lorn ;  the  count 
was  swpcized  as  every  man  would  be,  to  hear 
of  so  snd  an  accident,  and  so  the  count  asked 
ue  what  the  peonle  said,  so  I  told  him  what  I 
heard  ai  Whitehall ;   I  cannot  call  to  my  me- 
raocT  all  the  particulars  ;  but  I  said  the  king 
was  neartily  sorry,  and  all  the  court,  tor  so  sad 
an  accident,  and  1  must  wrong  myself,  or  count 
ConiDgamaik,  if  I  should  undertake  to  relate 
cxudy  what  passed,  lor  I  cannot  remember  it. 
Mr.  WUliams.    But  you  said  iust  npw,  that 
yon  told  the  count  it  looked  like  an  Italian 
tridE,  not  used  in  England. 
Hanton.  Yes,  1  did  so. 
Mr.  WiUiams.  What  did  he  reply  to  that.^ 
Hamton.  Not  a  word. 

Mr.  Williams.  Did  he  mention  any  thing  of 
ibrtifications  to  you  then  ? 

Hanson,  Yes,  he  ^ve  me  a  plan,  or  a 
draught  of  a  fortification  done  with  his  own 
hamC  and  that  was  all  the  discourse. 

Mr.  WiUiamt.  So  then  he  diverted  the  dis- 
sourse  to  the  business  of  fortification. 

X.  C.  J.  The  evidence  is  heard ;  what  it  is 
dai  he  ended  all  the  discourse  with,  shewing 
him  a  P&per  of  fortifications. 

Sir  Fra,  Winn,  But  'thk  he  does  say,  he 
asked  him  what  the  people  did  say  of  it.^ 

HanMOH,  For  my  lite,  I  dare  not  say  I  re- 
member any  more  than  I  have  told. 

L.  C,  J.  Look  you.  Sir,  now  will  you  in 
Fkench  ddiver  this  for  the  benefit  of  those  jury- 
men that  don't  understand. English. 

Mr.  Williams,  We  pray,  my  lord,  that  our 
Interpreter  may  do  it. 

L,  C,  J.  Wnen  a  man  can  speak  both  lan- 
guages, he  needs  no  Interpreter,  he  is  his  own 
best  interpreter^ 

Mr,  WUliams.  My  lord,  1  will  tell  you  why 
I  ask  it ;  there  is  a  great  deal  of  difference,  I 
find,  where  you  examine  a  roan  with  the  hair, 
and  where  you  examine  him  against  the  hair ; 
Where  you  find  it  diffiinilt  to  imdce  a  man  an- 
im,  you  will  pump  him  with  questions,  and 
erosB-mterrogate  hun,  to  sift  out  the  truth : 
Boir  if  you  leave  this  man  to  the  interpretation 
«f  what  he  bath  said  himself,  he  will  make 
a  fine  story  of  it,  and  we  shall  be  never  the 


L.  C.  J.  But  this  is  the  way  to  spend  our 
time. 

Sir  Fra,  Winn.  I  know  your  lordship  does 
not  value  time  in  such  a  case  as  this,  but  you 
would  have  the  truth  found  out. 

L.  C.  J.  You  must  repeat  first  the  discoursjK 
you  had  with  count  Coningsmark. 

Sir  Fr.  Winn.  My  lord,  we  will  reduce  it  to 
two  or  three  Questions.  Mr.  Craven,  will  you 
please  to  ask  nim  whaf  discourse  he  had  with 
count  Coningsmark. 

Mr.  Craven.  He  savs;  the  diMSourse  he  had 
with  count  Coningsmark  about  the  PoLaader, 
was,  that  he  came  over  as  a  groom  to  serve  him 
to  look  after  his  horses ;  that  he  had  occasion 
for  several  English  horses,  and  English  servants 
to  look  after  them  as  grooms ;  and  among  the 
rest  of  his  grooms,  he  intended  the  Polander 
should  be  one,  to  dress  his  horses  after  the 
German  wav. 

Sir  Fr.  ifinn.  So  far  he  goes  as  to  that. 
That  the  Polander  came  over  to  serve  the 
count. 

L.  C.  J.  Look  you.  Sir,  does  not  he  tell  you, 
the  count  had  a  purpose  to  buy  horses  here  ? 

Mr.  Craven.  He  says  tliere  was  a  distuHU-so 
about  biUs  of  exchange  of  7,000  pistoles  to  buy 
horses. 

Su"  Fr.  Winn,  Pray  then  wiU  you  ask  him, 
what  discourse  he  had  with  count  Conings- 
mark about  the  death  of  Mr.  Thynn,  and  what 
the  consequences  in  law  might  be  ? 

Mr.  Craven.  My  loi-d,  he  says  that  the  dis- 
course with  count  Coningsmark,  concerning  the 
Swedish  agent,  was,  Tliat  in  case  he  should 
ask  satisfaction  of  ftfr.  Thynn,  for  the  affronts 
that  he  had  given  him,  not  understatidtni;  the 


391     STAtB  l^RIALS,  34  Chabi^^  It.  ie^i^THd  of  Ccmd  Coningiitktrk     [M 


Cttflftoms  of  the  nation,  if  he  shonM  call  him  to 
aocouqt,  what,  ur^judice  it  mi^ht  be  to  him ; 
for  he  did  not  hear,  he  says,  that  count  Co- 
ningsmark  d^gned  any  thing,  or  resolred 
upon  killing  him,  or  any  thing  of  that  nature ; 
but  whether  if  he  should  call  him  to  account, 
what  the  laws  of  Ens^land  might  be. 

Mr.  Wilitams.  Call  John  Wright. 

Sir  N.  Johnson.  My  lord,  the  count  desires 
to  know  if  he  may  be  permitted  to  make  his 
defence  against  these  witnesses  ? 

I'.  C.  J.  No,  be  is  not  to  make  his  defence 
now.  But  pray  tell  him,  if  my  lord  have  a  de- 
sire to  ask  any  questions  of  this  witness,  he 
may  ask  what  he  pleases. 

i.  C.  J.  North.  Let  the  question  be  put  to 
the  interjirpter,  that  ^e  may  know  what  the 
question  is  before  the  witness  gives^an  answer. 

Mr.  Craven.  He  asks  him,  if  he  has  not 
seen  him  oftener  in  his  lodgings  undressed  than 
dressed,  and  whether  he  was  not  to  take  physic 
ftom  his  ph^'sician  ? 

Hanson,  I  do  not  remember,  that  in  all  the 
■time  I  saw  count  Coningsmark,  I  saw  him 
dressed  fbnr  times  in  his  coat,  I  cannot  say  I 
remember  three  times  in  aU.  The  first  time 
when  he  came,  he  was  in  a  campaign  coat ; 
but  all  the  time  he  was  in  his  lodging,  as  I  re. 
member,  he  was  in  his  night  gown  and  cap. 
"As  to  the  other  part  of  his  question,  whether 
I  heard  that  he  took  physic  ?  I  say  this,  trhen 
I  saw  count  Coningsmark  first  at  his  lodging, 
when  I  came  to  him,  on  the  Sanday  evening, 
•1  was  told  the  count  was  in  bed ;  It^  was  late, 
but  I  ventured  to  go  into  his  room,  and  sat  a 

Soarter  of  an  hour  there ;  and  afterwards  the 
octorcame  in.  Dr.  Frederick,  1  saw  him  often- 
times at  his  lodging;  and  at  the  same  time 
the  young  count  was  sick  of  an  ague ;  And 
when  he  came  one  evening  to  see  the  young 
count,  I  asked  him  what  was  the  distemper  the 
count  had?  The  doctor  answered  me,  tliat  he 
had  not  told  any  bodv  that  the  count  was 
sick,  or  what  he  was  sfckof,  but  he  hoped  in 
God,  in  a  short  time  he  would  be  recovered. 

Mr.  Craven.  He  asks  him  if  he  gave  any 
positive  order,. that  he  should  go  of  any  mes- 
sage to  the  Swedish  envoy  ? 

Hanson.  This  I  have  answered  before,  and  I 
»y  now,  if  this  discourse  that  I  Wad  with  the 
^Swedish  envoy,  turn  to  the  lordcount  Conings- 
mark*s prejudice,  it  would  grate  upon  my  con- 
science all  my  life :  Count  Coningsmark  never 
gave  me  any  positive  order  to  carry  any  mes- 
sage ;  but  I  did  gather,  by  his  discourse,  that 
the  count  might  be  desirous  to  know  the  envoy's 
opinion  about  this  question  ;  a!id  therefore  I 
thought,  the  count  desiring  it,  I  would  do  it  to 
please  him,  rather  tha n  by  order.  But  I  do  not 
know  that  ever  the  count  had  a  mind  to  give 
me  such  an  order,  but  I  did  it  voluntarily. 

X.  C  J.  In  plain  English,  did  he  ever 
rertyou  to  go  to  the.Sivcdish  envoy  ? 

Hanson.  No,  my  lonl,  he  never  did  direct  me. 

L.   C.  Bar.    How  came  you  to  choose  a 
foreigner  or  Jknow  what  the  laws  of  £%bm4 
*«ref  ^ 


Hanson.  1  thought  it  wonU'plaaMtliecmait 
to  know  hisopittiM. 

L.  C  Baron.  But  how  came  youlo  obmt  t 
foreu^ner,  I  ask  P 

Hant&n,  He  has  been  nineteeti  ytara  bera 
in  EngUud,  and  sure  he  shottkl  know. 

Mr.  Crown.  My  lord,  he  asks  him  if  eVcr 
he  told  him  that  he  had  a  deaig^  to  fig^t  Mr. 
Thynn,  or  to  do  him  any  prejudice,  or  Mnd  hitt 
acnalleBgeP, 

Heuum.  My  lord,  I  am  upon  my  oalfa,  aad 
this  I  say,  I  speak  it  before  God  attd  the  codfftt 
count  Coningsmark  did  never  tell  me  that  he 
had  any  mind,  or  did  resolve  to  Call  esqmMI 
Thynn  any  ways  to  account. 

Mr.  William.  Call  John  Wright.  ^Vfh^ 
stood  up  and  was  sworn.] 

Sir  Fr.  Wtfnn.  We  shall  ask  turn  but  a  ques- 
tion or  two,  my  ^ord .  * 

Mr.  Williams.  Pray  tell  me  the  time  wfaeA 
this  Polander  came  into  England  ;  that  man 
at  the  bar  ? 

Wr^ht.  He  came  the  tenth  day  of  this 
month. 

Mr.  Williams,  Pray  what  ship  did  be  coma 
in  ?  Where  did  you  first  meet  with  him  ? 

Wright.  Here  in  town. 

Mr.  Williams.  Where  was  it  ? 

Wright.  At  the  Cross-keys  in  ThrogmoKon- 
street. 

Mr.  Williams.  Pray,  when  you  fint  saw 
him,  what  d  id  he  ask  you  ? 

Wright.  He  asked  me  where  count  Conings- 
mark's  lodgings  were  ?  I  told  him  I  thought 
he  was  at  Oxmrd,  I  meant  the  young  gentle* 
man,  for  I  did  not  know  the  other  was  in  town  ; 
but  I  went  and  enquired,  and  they  told  me  it 
was  at  Faubert's  academy. 

Mr.  Williams,  Whither  went  you  with  the 
Polander  then  ? 

Wright.  I  went  to  my  lord's  knlgings. 

Mr.  Williams.  What  lord? 

TfV^Af.  The  young  count's  lodgings. 

Mr.  Williams.  Well,  and  what  then  ? 

Wright.  And  I  came  to  Mr.  Hanson,  and 
he  did  deliver  a  letter  to  Mr.  Hanson,  and  -i 
staid  there  about  half  an  hotir,  or  there* 
abouts. 

Mr.  Williams.  When  was  this  ? 

Wright.  Upon  Friday  the  tenth  day  of  tins 
month. 

Mr.  Williams.  How  k>ng  vras  Mr.  Hanson 
and  the  Polander  together  ? 

Wright.  About  half  an  hour. 

Mr.  Williams.  What  said  Hanson  to  bim  ki 
your  presence.^ 

Wnght.  Mr.  Hanson  said  nothing. 

Mr.  Williams.  Was  there  any  thing  said 
about  going  back  and  paying  his  lodging,  and 
coming  back  ? 

Wright.  Mr.  Hanson  came  down  to  me,  and 
told  me  he  vms  glad  to  see  me,  and  bid  me  take 
the  PolanderbacK  with  me,  and  bring  him  to 
him  to-morrow  betimes,  fi>r  he  most'  (fispa$ch 
him  about  his  business. 

I%r  Fr.  Winn.  Then  be  said  nothidg  to  tba 
Poboder.^ 


41]        VTATfi  UttALS,  te  CUAKLfiS  II.  i66£.-HifNl  oikeri,  for  Murder.  ^      [M 

Wright.  No,  btH  t»  Mi». 

Sr  JV*.  Wmn.  Well,  ^mhei,  «€  yota  do  Ae 
aext  morniw? 

Wright,  fcmme  to  hun  the  nest  nioniiiig, 
tD  this  Polaoder,  and  b«  took  hk  thiosB  with 
him,  which  was*  sea-bed  th^the  had,  and  a 
gnt  wMi  a  wheel-look,  and  sofne  other  thiags. 

Sr  F.  Winn.  And  whilfier  did  you  bring  htm  ? 

Wright.  I  hrou^him  to  ifie  upper  end 
•f  the  flay-market,  M.  Faubert's  school. 

Mr.  Williams.  To  what  place  did  you  come 
ift  tlie  taomtng,  say  ynu? 

Wright.  Sir,  if  it  fifeaae  you,  I  bronght  him 
wilfain  a  door  or  two  of  Mr.  Faubert's  the 
boise-master,  that  teaches  to  ride  the  great 
kavse;  ferhiedid  desire  that  we  mi^go  to 
an  ho«Be  hard  by,  because  lie  would  not  carry 
Itt  eanriage  to  my  lord,  he  had  a  sea-bed,  a 
foAaaaBile,  a  goa  and  other  things  ;  and  90'  i 
hraugbt  him  to  en  house,  and  there  I  called  for 
apot  of  aie ;  and  he  put  down  his  things  and 
"fte^t  out,  I  thoaffht  he  had  gone  to  make  water, 
bat  within  a  fittte  while  after  returns  s^ain, 
^mA  Mr.  Hanson  coaes  in  with  him :  He  asked 
'me  why  I  did  not  come  sooner ;  I  told  him  I 
kad  seine  ettfier  business,  I  was  with  some 
French  Merchants  to  look  upon  some  goods. 
80  be  bid  the  Pole  pay  me  for  my  trouble,  and 
\tke  ftp  his  things,  and  go  along  witli  him  ; 
and  he  did  do  so,  aod  I  never  saw  the  Pole  af- 
terwards 

L.  C.  J.  You  that  are  the  interpreters, 
tepeoc  whflt  he  hath  said  tothe  jury.  (Which 
was  done. 

SrFr.  Winn.  We  have  done  with  this  man, 
the  use  we  make  of  him  is  to  foflow  this 
Mander,  and  we  shall  lynng  him  to  the  count 
by  and  by.  Cirfl  Dr.  Frederick  Harder.  (Who 
was  sworn.) 

L.  C.  /.  The  Doctor  understands  English, 
donHhei" 

Sir  Fr.  Winn.  Yes,  we  are  told  he  doe^. 

Mr.  WUlianu.  How  long  hare  you  known 
the  count  that  stands  there  at  the  bar  ? 

Dr.  Harder.  I  have  known  him  a  good 
while,  it  may  be  this  four  or  five  years.  I 
%VPe  known  nim  fbnr  or  five  years. 

Mr.  Wiliiawu.  How  long  hare  you  known 
cart.  Vratz? 

Dr.  Harder.  About  a  year  and  a  holf,  or 
ilroyears. 

Bfr.  Williams.  Was  nw  lord  and  captain 
^fatz  acauainted  then  ? — Harder.  Yes. 

Mr.  Williams.  Was  he  in  employment  under 
TBj  lord,  was  be  in  the  tonnt's  service  ? 

Border.  He  was  with  Hie  count,  but  whe- 
dier  he  was  his  companion  I  cannot  tell. 

Mr.  Williams.  Did  he  live  with  the  count  ? 

Harder.  Yes. 

Mr.  Williams.  Did  captain  Vratz,  when 
^  count  came  Iflst  over  into  England,  come 
over  with  hira.^ 

Harder.  Yes,  by  my  knowledge. 

1.  C.  J.  Do  you  know  it  or  not? 

Border.  Captain  Vrat^  cadie  to  me,  and 
IQUnie,  mr  ford  desi^d  to  speak  with  me,  and 
I  irent  witn  him  to  my  lord. 


Sir  Ir.  Winn.  Was  that  the  first 
you  received  firom  the  oooat  ? 

Harder.  Yes,  it  was. 

Mr.  Williams.  How  long  was  that  ago  ? 

Harder,  The  aane  day  the  Morocco  em- 
bassador did  exercise  in  Hyde-Park. 

'Sir  Fr.  Winn.  How  h>ng  is  that  ago  f 

Harder,  About  a  month  ago. 

Sir  Fr.  Winn.  What  was  that  his  first  h>dg>^ 
iag  after  he  came  last  ihto  Bn^nd  ? 

Herder.  It  was  in  the- Hay-4ttarket. 

L.  C.  J.  Was  it  a  ooraer  hoose,  as  thft 
other  witness  saith,  or  net  ? 

Harder.  Yes,  it  was. 

Mr.  Williams.  Was  the  count  %  prit^te 
lodger  there  ? 

Harder.  He  lay  in  his  bed  ^en  I  came  to 
him  ;  he  came  as  a  traveller  privately. 

Mr.  Williams.  Did  he  go  by  Ins  own  name, 
or  another  name? 

Harder.  Nobody  did  question  him  about  bis 
name,  but  when  I  did  come  to  him,  I  did  dis- 
course with  him  about  his  body. 

Mr.  Williams.  Pray,,  Sir,  thus :  You  went 
often  to  visit  him,  pray  did  you  ebquire  for 
him  by  his  own  name,  or  any  other  name  ? 

Harder.  He  desired  that  he  might  be  pri- 
vate, because  he  was  to  take  some  medicines, 
and  he  would  not  have  it  known." 

Mr.  Williams.  Now,  Sir,  I  would  ask  yoil, 
did  you  observe  him  to  be  in  any  disguise? 
Did  he  wear  a  perriwig,  or  how  ? 

Harder^  He  had  a  perriwig. 

Mr.  Williams.  Was  it  a  fair  perrivrig,  or 
what  colour  ? 

Harder.  It  was  brown  or  blade. 

Sir  Fr.  Winn.  Sir,  was  he  in  a  divinise, 
or  no? 

Harder.  He  had  his  own  clothes,  but  He 
had  a  perriwig. 

Sir  Fr.  Winn.  Pray  what  name  did  be  gt> 
by,  hi^  right  name,  or  any  particular  name  ? 

Harder.  In  the  first  be^nning  1  gave  him 
no  name  ;  but,  said  he  to  me,  if  any  body  ask 
you  about  me,  I  would  not  be  known  ;  for  if 
they  know  that  I  lie  privately  thus,  they  wiU 
think  I  ail  some  ill  distemper,  therefbre  I  would 
have  you  call  me  by  the  name  of  Carlo  Cuski. 

Mr.  Williarfis.  "Were  you  with,  him,  pray 
Sir,  upon  the  Sunday  moroing  that  Mr.  Thymi 
was  murdered  ? 

Harder.  I  cannot  certainly  tell,  but  I  was 
with  him  in  theafiemoon. 

Sir  Fr.  Wtnn.  Pray  call  yourself  to  mind,  Sir. 

Harder.  I  cannot  certainly  tell. 

Sir  Fr.  Winn.  What  time  were  you  with 
him  in  the^  evening  ? 

Harder.  At  nine  o^clock,  at  night  or  there- 
abouts. 

Mr.  Williams.  Did  you  receive  any  letter 
firom  capt.  Vratz  at  any  time  ? 

Harder.  I  did  upon  Saturday  morning,  the 
Saturday  before  Mr.  Thynn  was  murdered. 

Sir  Fr,  Winff.  Have  you  that  letter  about 
you  ? — Harder.    No. 

Su:  Jr.  Winn.  What  was  in  the  letter  ? 

Harder.  Hedesiiedme  to  go  tolheoQunty 


40]      STATC  TRIALS,  54ChaelB8  II.  l682.--Tria2  of  Cemut  Cwing$mmrk      [M 


who  had  a  desire  to  apeak  with  me.  I  came  { 
there,  and  had  some  speech  ivith  bun  about  bis 
indisposition.  I  told  bim  be  bad  better  stay 
till  next  day,  before  betook  physic,  because  it 
was  cold  weather.  And  after  that,  went  with  the 
Polander  tp  my  iodginc^,  and  the  captain's  man 
came  in,  and  then  saic^  here  is  a  man  that  will 
direct  you  to  captabi  Vratz's  lodging ;  which  I 
did  not  know. 

Mr.  Williams,  Look  you,  Sir,  you  say  you 
went  to  the  count,  did  you  shew  the  count  that 
letter  from  capt.  Vratz,  or  no  ? 

Harder,  The  count  saw  it. 

Mr.  Willioms.  Then .  bear  a  little,  When  was 
it  you  shewed  the  letter  to  the  count  ?  Was  it 
Saturday  or  Sunday  ? 

Harder.  It  was  Saturday. 

Mr.  Williams,  Now,  was  the  Polander  then 
in  the  count's  lodgings  or  no  ? 

Harder,  Yes,  lie  was. 

Mr.  Williams,  Was  there  any  discourse 
about  him  then  ? 

Harder.  I  had  never  seen  him  in  my  life. 

Mr.  Willimtu,  But  was  there  any  with  the 
ciount? 

Harder.  No,  not  at  all. 

Sir  Fr.  Winn.  Then,  upon  your  oath,  I  ask 
you  once  more.  Was  the  Polander  ever  in 
company  with  you  and  my  lord  at  any  time  ? 

Harder.  No. 
.    Sir  Fr.  Winn,  Upon  the  Sunday,  upon  your 
oath  ? — Harder.  No. 

Sir  F^  Winn.  Nor  the  Saturday  evening. 
■    Harder.  No,  I  have  not  seen  hun  since  that 
morning  when  the  captain's  man  4ook  him 
idong  with  bim  to  his  master. 

Mr.  Williams.  Pray,  bow  came  the  Po- 
lander into  your  company  on  Saturday  morn- 
ing? 

Harder.  I  had  bim  from  my  lord's  that 
morning. 

Mr.  Williams.  Then  my  lord  and  the  Pp- 
lander  were  together  ? 

Harder.  No,  they  were  not  together. 

Mr.  Williams.  Was  the  Polander  in  my  lord's 
lodprings? 

Harder.  Yes,  the  Polander  was  bdow 
stairs. 

Mr.  Williams.  And  did  you  take  bim  from 
the  lodginsf  ? — Harder,   Yes,  I  did. 

Mr.nuliams.  How  long  did  he  continue 
with  ypu  ? 

Harder.  Not  at  all,  I  went  home  with  him. 

Mr.  Williams,  Had  you  no  discourse  with 
him  ? —  Harder.  No,  none  at  all. 

Mr.  Williams,  Where  did  you  part  with  him? 

Harder.  I  brought  him  to  my  house  ;  and 
when  he  came  in  a-doors,  the  captain's  man 
being  there,  I  told  bim  there  was  a  man  would 
show  him  the  captain's  lodgings  ;  and  he  took 
him  away  along  with  bim. 

Mr.  Williafos,  You  say,  the  ca^itaiu's  man 
had  the  Polander  from  you ;  pray  name  that 
man  ? 
,  Harder,  I  cannot  tell  his  name. 

Mr.  Williams.  Was  his  |iame  Berg? 

Harder.  I  believe  it  was. 


Sir  Fr.  Winn.  You  say  you  delivered  a  let- 
ter from  captain  Vrats  on  fiiaturday  morning  to 
the  count  ? — Harder.  Yes. 

Sir  JFr.  Winn.  Did  the  count  read  thelet-» 
ter ,  and  tell  you  the  contents  of  it  ? 
Harder,  No,  it  was  not  sealed. 
Sir  Fr.  Winn.  Did  not  you  know  the  con- 
tents of  it  then  ? — Harder.  No. 

Sir  Fr,  Winn.  Pray,  when  you  delivered  the 
letter  from  captain  Yratz  to  the  count,  what 
did  the  count  say  to  you  ? 

Harder,  The  letter  was  not  written  to  the 
count,  but  it  was  writ  to  me. 

Mr.  Williams,  What  was  the  reason  that 
you  shewed  it  to  him  then  ? 

Harder,  I  received  a  letter  from  captaiji 
Vratz,  that  the  count  desnred  to  speak  with 
me ;  and  afterwards  I  was  desired  to  direct 
this  man,  the  Polander,  to  captain  Vratz  ;  and 
so  I  directed  him  to  captain  Vratz,  and  nothing* 
more  I  know. 

Sir  Fr.  Winn.  Well,  Sir,  one  thing  vr/Km 
and  J  have  done  with  you ;  for  you  will  not,  I 
see,  give  a  reasonable  answer :  pray,  when  tbm 
Polander  came  along  with  you  from  the 
count's,  did  you  observe  he  had  any  tbin^ 
about  him  ? 

Harder.  He  had  a  great  campaign  coat. 
•   Sir  Fr.  Winn.   Dui  he   se^n  to  have  an/ 
thing  under  it? 

Harder.  He  bad  a  portmantle  under  it,  I 
think,  or  some  such  thiuflc. 

Mr.  Craven.  My  lord,  the  count  desires  10 
ask  bim  some  questions. 

L.  C.  J.  Let  bim  ask  what  questions  be  will. 

Mr.  Craven.  My  lord,  be  asks  him  whether 
be  does  not  remember,  when  he  first  came  to 
town,  he  bad  bis  bodV  ^1  of  spots  ? 

Harder.  Yes,  my  lord,  when  be  came  from 
Tangier,  he  had  spots  over  all  his  breast ;  and 
it  was  feared  they  might^pet  up  higher  toward* 
his  neck,  and  encumgerbun  very  much. 

Mr.  Craven.  He  says,  if  my  lord  pleases,  he 
will  shew  it  openly. 

L,  C.J.  No,  there  is  no  need  of  that,  doctor. 
Did  you  give  bim  physic  for  that  ? 

Harder.  Yes,  for  that  I  did  administer  physie 
to  him- 

Mr.  Craven*  He  says,  my  lord,  he  over- 
heated himself  in  riding  to  Ttogier,  tliinking 
to  do  the  king  and  the  nation  service,  and  tlie 
heat  broke  out  in  spots  over  his  breast. 

X.  C.  J.  The  doctor  knows  nothing  of  that. 

Mr.  Craven,  He  asks  whether  the  doctor 
was  not  desired  by  him  to  cure  him  ?  whether 
he  did  not  tell  him  he  would  cure  him  of  those 
spots? 

Harder.  He  desired  me  to  administer  phy- 
sic  unto  him. 

Mr.  Cra:ven.  He  says  be  went  to  Strasburgfa, 
and  when  became  back  he  was  in  the  same 
condition  he  was  in  before  ;  and  be  asks  vrhe- 
ther  the  doctor  did  not  undertake  to  cure  bim  ? 

Harder.  Yes  I  did  administer  physic  unto 
bim  ;  and  this  my  own  man  can  testify  and  be 
witness  of;  because  my  I<Mrdbid  me  takecare 
that  be  might  be  private,  for  he  would  not  have 

4 


is]        STATE  TRIALS,  94  ChabIes  II.  l€$<l^end  other$,far  Murder.       [4,6 


klmowii  that  he  did  tmke  phync  ;  but  I  told 
my  man,  said  I,  it  is  my  loni  Conuigsmark,  and 
tberefore  pray  take  care  of  him,  and  see  that 
fliephysi6  be inade  very  well  up. 

JL  C.  X  You  aeem  to  intimate  as  if  he  lay 
piivate  to  take  phync ;  pray  let  me  ask  you  this 
^oestioD,  did  you  me  him  phasic  all  this  time  ? 

Harder,  Not  always  pm^ingf  physic,  but 
some  sort  i^hysic  all  the  tune. 

L.  C.  J.  What  erery  night  and  moitung? 

Harder,  Yes,  evefy  day. 

Mr.  Craven*  The  count  desires  to  ask  him 
irhere  be  was  that  mihappy  day  this  business 
wasdone? 

Harder,  I  found  him  that  day  ill,  lying 
domi  upon  the  bed,  I  asked  him  how  'his  physic 
bad  wotked :  he  told  me  he  was  airaid  he  nad 
got  some  cold  \  and  indeed  I  found  him  very 
modi  disordered,  and  I  went  home  and  letchcd 
bimspme  physic  to  take  that  night 

£.  C.  /.  By  the  oath  yon  have  taken,  was 
there  any  other  occasion,  or  had  you  any  other 
discoor^  with  him,  when  you  came  on  the 
Sunday  night  but  concerning  his  physic? 

Harder,  My  lord,  I  will  tell  you  the  truth  ; 
I  nerer  heard  the  count  speak  any  word  in  my 
life,  that  he  had  any  concern,  or  design  of  any 
quarrel  at  all,  nor  any  discourse,  but  about  the 
administration  of  his  physic. 

L,  C.  X  Let  me  ask  you  this  question,  for 
they  desire  it  here,  what  was  the  occasion  ?  anQ 
whether  you  know  the  occasion,  why  my  lord 
aiteied  hislodfings  so  often  P 

Harder,  The  mrst  occaaon  was  this ;  because 
it  was  in  the  Hay-market ;  and  his  man  said 
it  would  be  quickly  known  if  he  did  continue 
there ;  so  he  would  take  anodier  lodging,  which 
was  in  Rupert-street,  and  there  he  lodged  three 
days  ;  but  the  chimney  did  so  smoke,  that  my 
lord  could  not  stay,  because  he  could  have  no 
fire  in  his  chamber,  and  the  weatlier  was  very 
cold,  for  it  did  snow,  and  therefore  I  told  my 
Koid,itwas  not  so  proper  for  taking  of  phy- 
sic :  thereupon  he  desired  me  to  take  him  ano- 
ther lodging  in  C^ueen-street,  which  I  did  look 
about  for,  but  it  was  not  ready,  so  he  had  a 
lodging  taken  for  him  in  St.  Mai'tin's-Lane, 
iHiere  he  lodged  till  he  went  away. 

Mr.  Williams,  Pray,  Sir,  the  physic  that  you 
gave  the  count,  did  it  require  his  keeping  within 
doors?  might  not  he  walk  abroad  with  it,  upon 
Tooroath  ? 

Harder.  It  did  requiv^liim  to  keep  in. 

Mr.  Williams,  Pray  then,  how  comes  it  to 
pass  iliat  the  count  so  suddenly  could  go  by 
wmterto  GraTcsend  ? 

Harder.  I  do  not  know  what  was  dMie  after- 
wards. 

SKr  Fr,  Winn.  I  would  ask  you  one  question 
ynd  I  would  fain  have  you  give  me  a  lair  an- 
sv«'  to  it,  what  became  of  the  letter  that  cap- 
tim  Tratz  writ  to  you,  and  you  shewed  to  the 
count? 
*  Harder.  It  remained  there  upon  the  table. 

Sfr  Fr.  Winn.  Did  not- you  keep  your  own 
fetter? 

Harder*  Itwas  notofany  coBtttm. 


Sir  Fr.  Winn,  If  the  letter  were  written  to 
you,  it  is  not  so  long  since  but  you  can  tell  us 
the  contents  of  it ;  pray,  what  were  the  con- 
tents? 

L.  C.  J.  Can  you  remember  what  were  th^ 
contents  ? 

Harder.  He  desired  me  to  so  to  count  Con- 
ingsmark,  who  would  speak  with  me,  and  that 
I  would  give  his  man  an  answer  when  I  came 
from  him. 

Sir  Fr.  Winn,  But  what  were  you  to  go  tatlie 
count  to  do  ? 

Harder.  Nothing ;  but  the  count  discoursed 
to  me  about  his  own  body  and  indisposition. 

Sir  Fr.  Winn.  But  captain  Yratz  was  n» 
physician  ;  why  should  he  send  you  a  letter  to 
talk  about  physic  ?  . 

Harder.  It  was  nothing  but  my  lord  would 
speak  with  me. 

Hr.  Williams.  We  need  not  trouble  ourselves 
with  this  fellow,  he  confesses  he  found  the  Po- 
lander  in  the  count's  house. 

Sir  Fr.  Withens.  Pray,  Sir,  let  me  ask  you, 
who  was  with  the  count  on  Sunday  night. 

Harder.  Mr.  Hanson  was  there,  I  think  ■ 

Sir  Fr.  Withens.  Who  else  ? 

Harder.  The  captain  came  in,  and  went  out 
again. 

Sir  Fr.  Winn,  What  time  of  night  was  it 
that  Vratz  came  into  the  count  T 

Harder.  It  was  at  the  same  time  that  I  was 
with  him. 

Sir  Fr.  Winn.  That  he  swears  to  be  about 
nine  o'clock  :  was  it  after  Mr.  Tbynn  was 
killed  ?—  Harder.  We  had  not  heard  it. 

Sir  FV«  Winn.  Sir,  was  it  nine  of  the  dock  ? 

Harder.  Yes,  it  was. 

Mr.  Williams.  You  say  you  found  the  Polaop" 
der  at  the  count's  lodgings  ? 

Harder.  Yes,  upon  Saturday  morning. 

Mr.  Williams.  Then  he  came  along  with 
you  from  the  count's  lodgings  ? 

Harder.  Yes,  to  my  house. 

Mr.  Willianu.  And  you  parted  with  him 
there? 

Harder.  Yes,  the  captain's  man  took  him 
away  with  him. 

Mr.  Williams,  That  was  Berg,  was  not  it  f 

Harder.  Yes. 

Then  this  Evidence  was  interpreted  to  the  Joiy. 

Mr.  Craven.  He  desires  the  jury  should 
know  what  the  doctor  said  about  his  sickness. 

L.  C.  J.  Let  it  be  repeated  to  them. . 

Mr.  Craven,  He  desires  to  know  whether  he 
may  not  speak  it  in  French  himself. 

L.  C  J.  No,  the  Interpreter  must  do  it ; 
I  (which  was  done.)  My  lord,  would  you  ask 
any  more  questions  of  tne  Doctor  ? 

Count  Con.  No  more  questions  but  them  I 
h  ave  osked  t 

SirFr.  Winn.  Call  Thomas  Howgood.  [Who 
was  sworn.] 

Mr.  Williams. '  Pray,  did  you  sell  any  sword 
to  the  count?    . 

Howgood.  I  sold  a  sword  to  the  goremor ;  t 
broad  horseman's  sword. 


47]      STATE  TRIALS, .34 Charles U.  I682.— TVts/  of  Cotmi  Cmmgimnrh     \4S 

Mr.  Williams.  When  wu  this  P 

Howgood.  On  Satufday  was  fortnight. 

Mr.  WilUam.  What  tune  was  it  that  he  be- 
0poke  it  ? 

Howgood,  He  bespoke  it  half  an  hour  after 
6  at  ni^t. 

Mr.  Williams.  What  did  he  say  to  you  when 
he  bought  it  P 

Howgobd.  He  said  he  would  call  for  it  about 
d  o'clock  at  night,  when  he  came  from  the 


^i&; 


fr.  WilUam.  What  kind  of  sword  was  itP 

Howgood,  An  horseman's  sword,  as  broad  as 
two  fingers,  such  as  the  gentlemen  of  the 
guards  wear. 

Sir  Fr.  Winn.  When  he  came  for  the  sword, 
what  said  he. ^ 

Howgood.  He  was  angry  it  was  not  done, 
and  I  told  him  that  I  would  send  it  to  him 
quickly. 

Sir  Jr.  Winn.  Where  was  it  sent? 

Howgood.  To  the  Governor's  lodgings  at  the 
academy. 

Mr.  Williams.  Now,  my  lord,  we  call  several 
persons  that  were  privy  to  the  concealing  of 
this  gentleman,  that  can  give  you  a  better  ac- 
count, Richard  Hayes  and  Robert  French. 

^Robert  French  appeared  and  was  sworn.] 

Sir  Fr.  TTinn.  Piray  will  you  tell  my  lord 
wliat  you  know  of  the  count's  concealing  him- 
self and  changing  his  habit. 

French.    I  never  saw  him,  my  lord,  before  I 
came  here  in  court ;  but  it  seems  be  did  lodge 
in  my  house  3  or  4  days. 
■   Sir  Fr.  Winn.  How  lone  is  it  since  ? 

French.  Between  3  weeks  and  a  month  ago, 
just  10  days  before  the  murder. 

Sir  Fr.  Winn.  What  name  did  he  go  by 
then? 

French.  I  did  not  know  his  name. 

Sir  Fr.  Winn,  Who. used  to  resort  to  him  at 
that  time? 

L.  C.  J.  You  say,  Sbr,  you  saw  him  not, 
what  company  did  come  to  him  P 

French.  1  did  not  see  him  indeed.  * 

Sir  Fr.  Winn.  Pray  did  captain  Vratz  come 
to  him  to  your  house  r 

French.  He  lodged  with  him  all  the  tiiiift. 

Sir  Fr.  Winn.  You  say  you  know  capt 
Vrsts  was  there  ?—JWficA.  Yes. 

Mr.  Williams,  Did  Dr.  Harder  use  to  come 
to  him  ? — French.  Yes,  seyeral  times  a  day. 

Mr.  Willianu.  What  name  did  he  enquire 
for  him  by  ? 

French.  The  Doctor  took  the  kdg^ing  and  it 
was  for  a  strancer ;  I  heard  no  name  at  all. 

Interpret,  my  lord  desires  to  know^  whether 
you  did  not  su^ect  he  took  physic  in  the 
house? 

«  French.  I  suppose  the  Doctor  did  give  you 
an  aecoont  of  that ;  1  don't  know  that  he 
did. 

Interpret.  Did  not  your  siaid  know  of  any 
•uch  thfng  ? 

French.  Myviaidis  her^abowillgireyou 
■aaocount 


8k  Fr.  Winn.  .  Call  Ana  Prince ;  (Who 
sworn.)  Pray  do  you  acquaint  my  lord  what 
you  know  of  count  Coningsmark;  whether 
ever  you  saw  him  at  your  master's  housQ  in 
the  Hay -market  P 

Prince.  Yes,  he  lodged  there. 

Mr.  WiUiam.  When  ? 

Prince.    He  came  thither  last  Friday  was  a 
month. 

Mr.  Williams.  How  long  did  he  stay  there  T 

Prince.  Till  Wednesday. 

Mr.  Williams.  At  that  time,  who  used  ta 
frequent  his  company  P 

Prince.  I  know  nobody  but  the  doctor  that 
used  to  come  to  him. 

Mr.  Williams.  What  name  did  he  go  by? 

Prince.  No  name  at  all,  as  I  know  of  ^  they 
did  not  ask  for  him  by  any  name. 

Mr.  Williams.  Did  the  captain  use  to  eomm 
tohunp 

L.  C.  J.    Her  master  says  he  did  lie  there. 

Prince.  Yes,  he  used  to  lodge  there. 

Mr.  Williams.  Did  the  captain  giye  him  iMiy 
physic  ? 

jL.  C.  J.  No,  butthe  doctor  did. 

Sir  Fr,  Win.  He  only  asks  a  merry  quesk 
tion. 

Z.  C.  /.  But  we  are  now  upon  the  life  and 
death  of  a  man,  pray  let  us  have  those  Ques- 
tions asked  that  are  serious,  not  iauch  light 
tilings  as  are  permitted  in  ordinary  cases. 

Sir  Fr.  Win.  Now,  my  lord,  we  will  call 
Francis  Watts. 

Mr.  Craven.  Maid,  my  lord  asks,  whether 
he  did  not  take  a  vomit  in  your  house  ? 

Prince.  Not  that  I  know  of. 

Then  Fra$u^  Watts  was  swom. 

L.  C.  J.  How  old  is  the  child  P 

Watts.  15  years  old  lost  Christmas. 

L.  C.  Baron.  Ask  him  whether  he  under- 
stands what  an  oath  is  P 

Mr.  TAj/nn  He  was  swom  befinre  the  king 
and  council. 

L.  C.  B.  If  he  were  swom  before  the  king 
and  council,  he  may  give  evidence  here  sure. 

Sir  Fr,  Win.  Were  you  at  the  couut's  aa^ 
vice  at  any  time?— -YTa/^^.  Yes. 

SirFr.  Win.  Howk>ngP 
-  Watts.    I  was  with  him  11  days :  I  came  lo 
him  upon  the  Friday. 

Sir^r.  Win.  How  long  was  it  before  the 
death  of  Mr.  Tbynn? 

Watts.  I  think  it  was  10  days  ^fore  the 
death  of  Bfr.  Thynn. 

Sir  Fr,  Win.  What  was  your  employmeot 
with  him? 

Watts.  His  boy  to  wait  upon  liiro. 

Sir  Fr.  Win.  Did  you  lie  in  the  same  lodg- 
ing?— Watts.  No,  at  my  &ther's. 

Sir  Fr.  Win.  What  was  the  agreement  be« 
tween  your  fitther  and  the  count  ? 

Watts.  6d.  a  day  and  my  diet. 

Sir  Fr.  Win.  What  comnany  did  you  ob- 
serve came  to  the  count's  lodgings  P 

Watts.  That  gentkmaB  toere  in  the  hlaoli 
perriwig. 


19]        STATE  TRIALS,  34  Charles  II.  iG^^'^-md  Mer$Jar  M^ier.       f  5(> 


mt  Fr.  Win.     Wts  li^  •i^p  with  your 


Watt$.  Yei»  efery  4ay. 

Su*  Ft,  Win,  Hov  masxj  lodlgiDg^thBd  he 
viiile  j<m  w«r«  with  him  ? 

Wattt.  Three:  One  19  the  Haynuuriket, 
md,  one  ia  Rupert  i^r^et,  and  Uien  the  last  in 
St.  Maitw'g. 

Mr.  WiUiimtf'  Thns, child;  doyoureipem- 
.  ber  the  timeof  kiUiiigMr.  Thynar 

WmUs.  Yes. 

Mr.  WUUam.  Were  yo«  in  yo«r  master's 
semccthenP—JFa/if,  Yes,  I  was. 

Mr.  WiUiatiu,  Who  was  in  rmir  master's 
ompsDy  ihat  morning  hefmrelir.  Tbymi  waa 

JDl]0d  ? 

Waiis.  I  came  vp,  as  I  used  to  do  id  the 
momin^  to  my  master,  and  he  asked  me  what 
was  tbematter  with  the  hustle  in  the  strael ? 
And  I  told  him  somdbody  was  takeo  upon  sus- 
pkaon  of liHinif  esquire  Thynn. 

Sir  IV.  Winn,  That  was  on  IVlonday  mom- 
ii^;  bat  the  Smiday  raonung  before,  what 
eomtpoBy  did  you  observe  there  then  ? 

WaiU,  I  cannot  teU  any  thing  exactly  of  the 
Sunday  morning. 

8ir>r.  ITian.  Was dmtainVratz there? 

Wmtts,  I  canhot  eaxdj^  remember. 

Sirl^r.  Winn.  Whai  time  in  the  ereoii^ 
was  it  reported  Mr.  Thynn  was  killed? 

Watti.  Aboat  8  o'ek)ck. 

Sir  JV.  n^im.  Can  you  tell  who  hrooffht  the 
fintaews?  ^ 

.  Wmtts,  One  of  my  Udy  Sejrmour's  nuuds, 
who  was  teHing  the  people  of  it  below. 

Sir  JV.  Winn.  Did  you  oboerre  any  body 
oome  to  your  master's  lodgings  afterwards  ? 

Watts.  \ en. 

Sir  Ft.  Wi*n.  Pray  who  came  ? 

Watts,   Tliat  gentleman  in  the  Uadt  perri- 


IFi^^iaaif .  Pray  in  what  habit  was  he  ? 
how  came  he  in  ? 

Watts,  He  came  in  a  great  coat ;  I  cannot 
tell  whether  it  was  doth  or  camblet. 

Mr.^  Williams,  And  what,  did  he  speak  to 
auyhody,  or  go  strait  op  ? 

iVattt,  Noy  he  spoke  to  nobody,  bat  went 
Mrak  np  stairs. 

Mr.  Williams,  Didhegouptoyourmastar's 
ladflngs? 

Waits,  Yes,  I  beliere  so,  hut  I  stayed  below 
ia  the  shop. 

Mr.  Wiuiami,  How  long  did  you  stay  in  the 
shop? 

Waits,  I  stayed  there  about  half  an  hoar. 

Mr.  Wiiliams,  Did  yon  leave  biul  there? 

Watis,  Yes,  I  did. 

Mr.  WiUiioms,  Did  he  cOMinue  there  aH 
the  time  that  you  were  in  the  house  ? 

Wmtts.  Yes. 

Ml*.  WilUams.  What  time  did  vou  go  awa^  ? 

Watis,  About  throe  quarters  oran  hour  after 
tel  gentleman  came  in. 

Sir  Fr.  WUAins.  Do  you  rememher  you  had 
aayAeonAe  with  the  count,  aboiit  nding  on 
SandayP 

▼OL.  IX. 


Watts,  He  asked  me  on  Sunday  in  the  fore- 
noon, whether  people  were  suffered  to  ride 
about  the  streets  on  horseback  on  Sundays  ? 

Sir  Fr.  Winn,  This  was  that  Sunday  morn- 
ing, was  it  ? 

Watts,  Yes :  He  asked  if  they  might  be 
suffered  to  ride  about  the  streets  on  Sunday  ? 
I  told  him  yes,  before  sermon-time  and  ansr 
sermon-time. 

Sir  Fr,  Winn,  About  what  time  of  the  day 
was  it  that  he  had  heard  this  discourse  ? 

Watts,  AboutlOor  llo'ckKsk. 

Sir  Fr.  Winn,  Are  you  sure  it  was  Sunday  ? 

Watts,  Yes. 

Sirfr.  Winn.  Then  I  as|c  you  another  ques- 
tion:  Upon  Sunday  nooming,  or  any  other 
time,  do  you  remember  that  the  Polander  was 
with  the  count  your  master  ? 

Watts.  He  came  in  on  the  Saturday  morning. 

Mr.  Willianu.  Was  he  in  the  company  or 
presence  of  the  count  ? 

Watts,   I  was  aboye  stairs  when  he  came  in. 

Sir  Fr.  Winn.  What  do  you  know  of  any 
sword  that  was  delivered  to  him  ?  v 

Watts.  Upon  Sunday  morning  tb«>re  was  a 
sword  brougnt  to  my  master's  kiikfings,  and 
my  master's  man  took  it  of  me,  and  earned  it 
up  stairs,  and  this  man^  the  Polander,  after* 
wards  had  it  below  stairs. 

Mr.  Williams.  When  was  thiasword  brought 
to  your  master's  house  ? 

Watts.   It  was  on  the  Sunday  morning. 

Mr.  William.  What,  the  cutler  brought  the 
sword? 

Watts,  No,  it  was  sent  by  a  porter  from  Mr. 
Hanson. 

fltU*.  WilUams.  What  room  was  it  carried  into 
when  it  was  brought? 

Watts.  I  think  I  did  not  carry  i^  up :  Yes, 
truly,  now  1  remember,  I  did^  ahd  deliveiad 
it  to  my  master. 

^r.WiUiums.  Pray  wh^t  did  the  eoui||t  say 
to  you  ? 

Watts,  I  asked  him  if  ^ere  needed  an  an- 
swer to  the  note  I  carried  with  it,  and  h^  saH 
no. 

Mr.  Williams.  To  whom  was  the  sword  de« 
livered  afterwards  ? 

.    Watts,  It  was  brought  dowui  and  afterwacda 
this  Polander  had  it. 

Mr.  Williams.  That  man  there? 

Watts,  Yes. 

Mr.  Williams,  You  jeulv  that  the  sword  was 
^en  to  jthe  Polander :  Pray  speak  that  the 
jury  may  hear.  Who  brought  dowi^-  the 
sword  ? 

Watts.  I  saw  it  in  the  Polander*s  keeping 
when  it  was  below,  but  I  cannot  say  who 
brought  it  down. 

Sir  Fr.  Winn.  Where  did  the  PoUnder  dine 
on  Saturday  ? 

Watts.  He  dined  with  my  master's  torn  and 
I  on  Saturday. 

Sir  Fr.  Winn.  Where  did  he  He  that  night  ? 
At  whose  chamber  ? 

Watts,  At  our  lodgings  in  the  garret,  in  my 
master's  man's  dhamber. 


•^1     STATE  Trials,  34  Charles  II.  1 6S2^1VW  <»/  CaktU  Ceningimdrk     ( 5r 


Sir  JV.  Winn.   What  day  was  this,  do  you 
•ay? — Watts.  Saturday. 

Mr.  Williams,    When  the  Pulander  had  the 
'•word,  do  you  remember  auy  boots  that  he  had 
under  his  arm  ? 

Watts.  Yes,  he  bad  boots  under  bis  arm. 

Mr.  Williams.  And  he  had  the  si^'ord  with 
him  when  he  went  ai;i  ay? — Watts,  Yes. 

Mr.  Williams.  Had  he  any  coat  ? 
'.    Wdttn.  Yes,  a  new  coat. 

Mr.  Williams.  Well,  I  astc  you  once  more, 
.what  time  of  day  was  it  that  fape  went  away 
with  the  sword  and  the  boots  ? 

Watts.  It  was  ip  the  forenoon. 

Mr.  Williams..  What  day  of  the  week  ? 

Watts.  Stindav  morning'. 

X.  C.  J.  Ay,  but  your  doctor  that  you  exa- 
mined before,  says,  the  Pohinder  went  away 
'  with  him,  and  be  was  not  there  on  Sunday 
mominjr. 
.  Sir  Fr.  Winn.  It  is  true,  my  lord,  it  was  too 

*  tender  a  |K>int  for  the  doctor,  he  lies  under 
some  suspicion  ;  and  it  is  proximus  ardet  with 
him.  ^  ' 

^  '  L.  C,  J.    Well,  call  him  again :  Look  you, 

'  lloctor j  you  were  asked  before,  and  now  you 

are  asked  again,  were  you  at  count  Oonings- 

*  inark's  lodgings  on  Sunday  morning  ? 

Dr..  harder,  1  cannot  certainly  telL 

L.  C.  J.  When  did  you  see  the  Polander  at 
the  coqnt's  lodgings,  and  whether  was  it  on 
Sunday  morning  ? 
'  .  Dr.  Harder.  On  the  Sunday  morning  I  did 
not  see  him.  The  only  time  was  when  ffotch- 
ed  him  from  my  lord's ;  I  have  not  seen  him 
betbre  nor  since. 

JL.  C.  J.  Then  call  the  boy  again.  Where 
did  the  Polander  dine  on  Saturday  P 

Watts,  He  diued  with  me  and  my  master's 
man. 

L.  C,  J.  Where  ? 

Watts,  Below  in  the  kitchen  of  our  lodgings. 

L.C.J,  Where  by  thePolander  that  night? 

Watts,^  He  lay  in  our  garret. 

L.  C,  7.  When  went  be  ftom  your  master's 
lodgings  ? . 

Watts.  On  Sunday  morning. 

Mr.  William*.  Had  he  an  old  coat  or  a  new 
ceat upon  him  f-^Watts.  He  had  a  new  coat. 

L.C.  J.  WasJhe  doctor  with  him  ? 

Watts.  Yes,  Ae  doctor  went  away  with  him. 

Dr.  Uartler,  I  have  not  seen  the  Polander 
above  ouoe  in  my  life. 

Sir  Fr.  Winn^  But  were  you  at  the  count's 
on  Sunday  morning,  or  no,  I  ask  you  P 
,  Dr.  Harder.  I  do  not  know  whether  it  was 
Saturday  or  Sunday. 

L,  C.  /.  But  when  you  fetched  him  away, 
was  it  Saturday  or  Sunday  morning  P 

Pr.  Harder.  My  lord,  I  cannot  very  well 
remember. 

X.  C.  J.  Had  the  Polander  a  sword  when 
jon  went  away  h  ith  him  ? 

J^r,  Harder.  I  cannot  positively  say,  but  (as 
travellers  commonly  have)  he  might  have  a 
•word. 

Six  Fr.  Winn.  Now  come  to  youraelft  •&<! 


deal  honestly,  for  von  are  upon  your  oath  ;  I 
ask  you,  firie^d,  this,  you  say  he  might  liatr# 
a  sword,  do  you  remember  a  pair  of  boots  ? 

Dr.  Harder.  No,  1  do  not, 

Sir  Fr.  Winn,  Do  you  remember  the  co«t 
he  had  uppermost  ? 

Dr.  Harder.  Yds,  he  had  something  oiid0r 
his  coat,  but  I  don't  know  it  was  boots. 

X.  C.  Baron,  Had  he  a  buff-ooat  under  hiv 
campaign  ? — Watts.  Yes. 

Sir  Fr.  Withens.  Let  me  ask  you  one  ques- 
tion, young  man ;  do  yon  remember  you  saw 
any  musquetoon  in  your  master's  lodging  f 

iVatts.  I  did  see  a  gun  there. 

SirFr.  Wtthens.  When  was  that? 

Watts.  I  saw  it  upon  Saturday. 

Mr.  WiUiams.  The  musquetoon  or  gun  that 
was  in  your  master's  lodgings,  was  it  thtft 
which  was  brought  by  the  PoNHider,  or  no. 

W^tts.  I  cannot  tell  that. 

Mr.  WiUiams.  Waa  it  a  long  piece  or  a 
short  piece  P 

Watts.  It  was  not  a  short  pieces 

X.  C.  J.  Did  the  Polander  take^it  awagr 
with  him  P-*  Watts.  No,  not  that  I  know  of. 

Mr.  WiUiams.  Now,  ybun^  man,  I  would 
ask  you  as  to  Monday  roonung :  about  what 
time  on  Monday  morning  did  you  come  to  your 
master's  lodgings  ? 

Watts.  U  was  between  seven  and  eiglift 
o'clock,  a  little  after  seven. 

Mr.  WiUiams,  What  condition  was  he  in  F 
Was  he  in  bed,  or  up  ? — Watts.  He  was  up. 

Mr.  WiUiams.  What  was  he  doing  ?  Was  h« 
packing  up  ? — Watts.  Not  that  I  see. 

Sir  Fr.  Winn.  It  was  when  he  asked  you 
about  the  hubbub  in  the  street ;  pray  tell  what 
he  said  to  you  ? 

Watts.  He  asked  me  what  the  matter  was 
with  the  bustle  in  the  street,  and  I  told  hioi 
that  some  were  taken  that  had  killed  esquir* 
Thynn  ;  and  I  told  him  all  thestory,  as  near  a# 
I  could  :  he  asked  me  when  esquire  Tliyno 
was  murdered ;  1  told  him  the  night  before  ^ 
but  I  did  not  mind  any  thing  that  was  done : 
but  as  I  went  down  stairs,  1  met  with  a  stran- 
ger, and  he  went  up  stairs,  but  I  never  saw  my 
master  after,  till  he  was  taken. 

Sir  Fr.  Winn.  Did  he  ask  you  what  Mr. 
Thrnn  was  P 

tVatts.  Yes,  and  I  told  him  I  heard  he^wi# 
a  man  of  a  great  estate,  and  well  beloved,  and 
that  the  duke  of  Monmouth  was  in  the  eoaeb 
but  a  little  before,  and  if  he  had  not  gone  out^ 
he  had  been  killed  too. 

Sir  IV*.- ITmn.  What  said  the  count  to  voui 
when  von  told  him  Mr.  Thynn  was  well  be- 
loved ?— Watts.  He  said  nothing. 

Sir  Fr.  Winn.  Can  you  remember  who  if 
was  came  to  your  master  then  P 

li  'attS'  I  know  the  man  if  I  see  him  again^ 

Sii*  Fr.  Winn.  Do  you  know  his  name  f 

Waits,  No,  I  do  not  know  his  name. 

Mr.  Williams.  Were  any  of  your  masltr*^' 
goods  earned  away  then  P — Watts.  Yes. 

Mr.  WiUiams>  What  goods,  were  caiq(| 
away  then  ?—  WaU$^  Two  pnrtmantton 


Mr*  WilUmmi.  Who  carried  them  away  f 

Watts.  My  father  carried  them  away. 

Mr.  WUUams,  What  time  was  it  ? 

Watts.  Between  dght  and  jiiae  oVilock, 

Sr  Jr.  Winn.  Itwaa  time  to  J>e  gone.  How 
parted  youand  your  master  ? 

Watts^  The  stranger  did  come  in,  and  I 
never  saw  mj  master  afterwards. 

%  Fr.  Winri,  What,  did  your  master  take 
pa  leaTe,  nor  say  any  thing  to  you  ? 

Watts.  No. 

3ar  Fr.  Winn.  What  kind  of  periwig  had  he 
when  he  went  away  ? 

Watts,  He  had  a  black  perriwig« 

Sir  Fr.  Winn.  What  clothes? 

Watts.    A  light-coloured  suit,   wiih  gold 

^QtlODfS. 

X.  C.  Baron.  Will  the  count  ask  the  hoy 


'& 


in  the 


_  IT.  Craven.  Did  you  see  the  gun 
floom  after  the  Polanuer  was  gone  ? 
Watts.  Yes. 

L.  C.  J.  It  is  very  plain  that  this  gun  was 
none  of  the  sun  that  did  this  uuschief,  but  the 
gnn  the  lV)lander  brought  over  from  be- 
yond sea. 

Sir  Fr.  Winn.  Call  the  boy's  father,  Thomas 
Watts,  (who  was  sworn.)  How  long  have  you 
known  the  count  ? 

71  Watts.  I  do  not  know  him,  but  as  I  have 
aeemhint, 

8ir-J?r.  Winn.  Were  you  employed  to  carry 
any  thing  for  him  ? 
T.  Watts.  Two  or  three  times  I  was. 
Sir.    Williams.   When  were  you  last  em- 
ployed by  him  P 

T.  Watts.  The  morrow  afier  the  murder  was 
committed. 

Mr.  Williams.  'What  tiaae  in  the  morning 
was  it? 

T.  Watts.  It  was  between  eight  and  nine 
o^dock  in  the  morning. 
Mr.  Williams.  What  was  it  you  did  for  him  ? 
T  Watts.    I  carried  a  portmantle,  and  a 
portmantle- trunk,  and  some  other  things. 

Mr.  Williams.  Where  were  you  directed  to 
deliver  these  ? 

T.  Watts.  His  man  told  me  they  were  to 
go  to  Windsor. 
Mr.  Williams.  Welly  tell  the  whole  story. 
T.  Watts.  He  i  bid  roe  carry  them  to  Char- 
ing-CroGs,  that  they  might  be  put  into  the 
coach  there.  But  when  he  came  to  Chariuff- 
Cross,  a  coachman  and  he  had  some  wor£, 
and  he  hid  him  open  his  boot,  and  then  he  took 
the&ingv  fcom  me,  and  put  them  into  the 
coach. 

L.  C.  /.  Who  was  it  that  told  you  they  were 
to  gp  to  Windsor  ? 
T.  Watts.  It  was  his  man. 
Sir  Fr.  Winn.  I  would  ask  you.  Sir,  when 
iris  the  first  time  you  knew  the  count  ? 
T.  Watts.  It  was  ten  or  eleven  days  before. 
Sb  Fr.  Winn.  What  was  the  occasion  that 
hnn^t  yoa  acquainted  with  him  ? 

7.  Watts.  I  was  Dr.  Frederick's  porter,  and 
lie  sent  me  to  carry  sobe  things  to  tba  count. 


9}        STATE  TRIALS,  34  ChaklbsII.  1  $82.— ^mf  oikenjar  Mwnkr.       f 54 

Mr.  WiUimu.  Wat  it  your  son  that  waited 

upon  him  ? 

T,  Watts.  Yes.  For  when  I  brought  tho 
things,  they  said  they  had  forgot  to  give  me  a 
sword  which  I  was  to  carry  with  the  things  : 
and  I  said,  tliat  I  had  a  boy  that  I  woul^ 
send,  and  I  did  so,  and  so  th^  tock  a  likiog  to 
the  boy. 

Mr.  Williams.  What  was  the  agreement  for 
your  son's  service  ? 

T.  Watts.  Six-pence  a  day  and  his  victuals'. 

Sir  Fr.  Winn.  What  Was  the  man's  name 
(as  you  remember)  that  eave  you  the  things  t^ 
carry  to  the  coach,  whicb  were  said  to  go  for 
Windsor?— r.  Watts.  I  cannot  tell  his  name. 

Mr.  Williams.  He  that  pinched  and  pusbeil 
yon  back,  and  took  the  things  from  you,  and 
put  them  into  the  coach  ? 

X.  C-  J.  Did  you  see  the  count  that  mem* 
'mg?—T.  Watts.  No,  I  did  not  see  him. 

Mr.  Williams.  Have  you  been  laboured  and 
sought  to  by  any  body  to  conceal  your  boy,  that 
he  should  not  be  brought  at  this  trial  ? 

T.  Watts.  No,  Sir. 

Mr.  Williams.  Had  you  no  endeavours  used 
with  you  about  it  ?—T.  Watts.  No. 

Mr.  Williams.  Did  nobody  speak  of  any  sudi 
thinfftovou?— r.  Watts.  No. 

Mr.  Williams.  Did  any  merchant  or  any 
body  send  to  you  about  this  boy,  to  take  him 
into  service  ? 

T.  Watts.  There  was  a  merchant  that  would 
hare  helped  the  boy  to  a  place  on  Saturday 
last,  but  the  jierBons  that  Hould  have  procured 
it,  were  about  it  a  good  while  ago. 

Mr.  Williams.  Call  Derick  Raynes  and 
Richard  Cliappel,  (who  were  sworn,  and  Raynes 
stood  up.)  yV  hen  did  you  see  the  count,  the 
prisoner  at  the  bar  ? 

Raynes.  On  Monday  in  the  afternoon. 

Mr.  Williams.  What  time  was  it  in  the 
afternoon? — Raynes.  In  the  evening. 

Mr.  Williams.  Where  was  it  ? 

Raynes.  At  my  hmise. 

Mr.  Williams.  Where  is  that? 

Raynes.  At  Rotherhith . 

Mr.  Williams.  How  came  the  count  to  your 
house  ? 

V   Raynes.  I  know  not ;  1  was  not  at  home 
when  he  came. 
'  Mr.  Williams.  Pray  when  you  saw  him,  had 
he  his  own  hair  or  a  perriwig,  or  how  was  ha 
habited? 

Raynes.  He  had  black  hair  then. 

Mr.  Williams.  How  long  did  he  continue  at 
yonr  house  ? 

Raynes.  From  Monday  till  Thursday  morn- 
ing. * 

Mr.  Williams.  Was  he  privately  there  or  pub- 
lickly  ? 

Raynes.  He  walked  up  and  down  the  house. 

Sir  Fr.  Winn..  What  countryman. are  you? 

Raynes.  I  am  a  Swede, 

Sir  Fr.  Winn.  What  became  of  him  alter 
Thnwday. 

Raynes.  On  Thursday  morning  he  to^ 
water  and  went  to  Deptford. 


55]      STATE  TMALS,  S4  CttAute  II.  16«S*— 7H«i  «f  Ccmt  OmiitgtMrk     iS6 

Chtqmd.  OitThittadiy  taataiag,  at  ttnof 

tlio  cloclc* 
Mr.  William.  Where? 


KrJFr.  TFtten.   Whattray  dMllego,lr|r  boat 

or  hov?  ? 

Raynes.  A  waterman  carried  him. . 

Mr.  WiUiums.  Pray  what  did  the  ccnmt  say 
to  you  aboat  his  comiog  in  a  disguise  to  your 
house  ? 

Raynes.  I  knew  nothing*  at  all.  I  came  late 
home,  and  when  I  came  to  know  of  him  what 
be  was,  then  he  told  me  that  he  was  count  Co- 
ningfsmark. 

Mr.  WiUiami.  What  did  he  say  to  you  when 
you  discovered  that  he  was  the  count?  What 
did  he  tell  you  of  his  business  ? 

Ratines'  He  said  nothing ;  but  that  he  was 
desirous  to  go  to  Gravesend. 

S'u-  Fr.  Winn,  Upon  your  oath,  Sir,  did  you 
furnish  him  with  any  clothes  ? 

Kaynes.  Yes,  I  lent  him  a  coat 
■  Sir  Fr.  Winn.   What  say  you  to  a  black 
Auit? 

Raynes.  The  blacksuitdid  not  belong  to  roe. 

Sir  Jr.  Winn.  Whats?y  youtoa  velvetaip? 

Raynet.  I  helped  him  to  a  coat,  stocking, 
and  shoes. 

Sir  Fr.  Winn.  Thai  I  ask  you,  what  did  he 
declare  to  you  ? 

Raynes.  Why,  he  did  desire  to  have  those 
clothes. 

Sir  Fr.  Winn.  You  are  an  honest  man,  teU 
the  trntl). 

Raynes.  He  declared  nothing  to  me. 

Sir  f>-.  Winn.  When  you  dressed  him,  i^hy 
did  he  put  on  that  habit  r 

Raynes.  He  thought  his  own  clothe^  were 
ioo  cold  to  go  upon  the  water. 

Sir  Fr,  Winn.  Had  he  no  deaths  before  ? 

Raynes.  Yes,  he  had. 

Mr.  Williams.  You  had  the  warmer  coat,  had 
you? 

Sir  Fr.  Wmn.  Did  he  desire  you  to  let  him 
have  your  clothes,  because  he  was  in  trouble  ? 

Raynes,  He  desired  a  coat  of  me,  and  a  pair 
of  stockings  to  keep  his  legs  warm ;  and  when 
be  had  got  them,  his  own  shoes  would  not 
come  on,  so  I  lent  him  a  pair  of  shocis. 

Sir  Fr.  Win?i.  I  do  ask  you,  did  he  declare 
the  reason  why  he  would  nave  tho$e  deaths 
was,  because  ne  would  not  be  known  ? 

Raynes.  He  said  he  was  afitud  of  coming 
tnto  trouble. 

Sir  Fr.  Winn.  Why  were  you  unwilling  to 
tell  this  ? 

Raynes.  As  soon  as  I  came  to  know  he  was 
iStie  man,  I  told  him  he  should  not  stay  in  my 
house. 

Sir  Fr.  Winn.  Did  you  lend  him  those 
clothes,  or  seU  them  ? 

Raynes.  I  lent  him  them. 
Sir  Fr.  Winn.  Had  you  them  again  ? 
Rayngs.  No,  I  had  not. 
Sir  IV,  Winn.  Are  you  paid  for  them,  or  no? 
Raynes.  No,  my  ship  lies  at  the  key,  and  I 
came  home  late  in  the  evening,  and  found  him 
there. 
Sir  Fr.  Winn.  Setup  Richard  Chappel. 

'  BIr.  Williams,  When  did  you  first  see  that 
gentleman  ? 


Chappel.  At  Rodberbith. 

Mr.  Wmiam.  How  came  you  to  him?  Who 
brought  you  f-^Chappel.  That  man. 

Mf .  William.  What  were  you  to  do  with 
him  ? 

C/tappel.  To  carry  him  to  Gratesend. 

Mr.  Williams.  Do  you  row  in  a  pair  of  oati, 
ora  sculler  ?—CAap»€/.  AscuUef. 

Mr.  Williams.  Whither  did  Von  carry  the 
count  that  day  ?— Chappel.  To  Deptibrd. 

Mr.  Williams.  Whither  the  next  day? 

Chappel.  To  Greenwich. 

Williams.  And  whither  then  ? 

C/mppel.  To  Greenhith  and  then  the  iMSt 
day  to  Gravesend. 

Mr.  Williams.  Was  he  in  the  same  do^ife 
all  the  while? 

Chappel.  Yes,  all  the  while. 

L.  6.  Baron.  Were  you  hired  to  wait  upon 
him  all  that  time  ? 

Chappel.  Yes,  I  was  to  have  five  sbittidgk 
every  24  hours. 

L.  C.  Baton.  Was  he  alone  ? 

Chappel.  No,  this  man  was  with  him. 

L.  C.  J.  Did  he  go  in  the  sculler  with  him  ? 

Chappel.  Yes,  to  Deptfbrd. 

»Ir.  Williams.  Well,  no#  we  will  call  the 
gentleman  that  seized  him  at  the  waterside  at 
Gravesend. 

Sir  Fr.  Winn.  What  did  the  count  call  hioK 
self?  What  profession  did  he  tell  you  he  was 
-af? 

Chappel.  He  told  me  he  was  a  merchant. 

SirSV.  Winn.  Did  he  say  he  was  a  jeweller, 
upon  your  oath  ? 

Chappel.  Yes,  hfe  said  hfe  had  bought  jewels. 

Sir  Fr.  Winn.  Where  is  Mr.  Gibbons,  and 
Mr.  John  Kid  P 

[Who  wei*e  sworn,  and  Mr.  Kid  stood  upt^ 

Mr.  Williams.  Mr.  Kid,  pray,  sir,  will  you 

acquaint  my  loh)  and  the  jury  in  what  condl- 

'tion  you  found  the  count  at  Gravesend  ?  Tell 

the  whole  story,  and  speak  aloud,  ^at  all  may 

hear  you. 

Kid.  I  had  some  information  upon  Friday- 
night  of  him. 

Mr.  WilUatns.  Of  whom  and  what  ? 

Kid.  Of  the  count  where  he  was.  So  I 
made  it  my  bnsmess  to  enquire  into  it  On  Sa- 
turday in  the  aHemoon  a  gentleman  came  tb 
me,  and  guve  me  certam  information  where  he 
thought  that  gentleman  the  count  was.  This 
gentleman  coming  to  me,  said,  Mr.  Thynn  iH  ti 
stranger  to  me,  but  said  he,  I  would  not  hare 
Mr.  Thynn's  blood  lie  at  my  door.  This  same 
person  who  is  put  out  in  the  gazette,  I  beheve, 
1^  at  a  neighbour's  house  of  mine.  Says  he,  I 
desu-e  you  to  be  private  in  it,  because  it  may  do 
you  a  prejudice  ;  so  we  went  into  a  coach  at 
Charing-cross  to  go  to  a  justice  of  peaee;  I 
did  not  know  where  sir  John  Reresby  iWed,  bitt 
enquired  of  Mr.  Gibbons,  who  told  me,  but  be 
was  not  At  hovaey  and  Mr.  Brid^nan  was  not 


17]       arrMTE  trials,  H  CttAntti  II.  lG^$.-^iii{  9thetBj&r  Mitrder.        r5> 


■t  bonif )  ib  1(fiG!V6Dt  to  ftit  teCfft^tHtf  tfnd  flwre 
we  hiMl  a  Irarrant,  and  then  I  cmtte  by  wtkter  to 
RoAetiitfh,  and  t^s  same  Raines  that  ih»  ex- 
anrineil,  and  hm  wife  wliere  be  lay,  were  g&ne 
to  Greenwieb  to  carfy  liis  ekftfaes,  a  grey  miff, 
ad  other  elMbes  that  he  had  left.    So  gfOing 
dawn  to  GrfeeiMriob,  we  caHed  etery  boat  that 
was  upon   the  fiver  aboard  of  us,  to  know, 
frhaiee  they  catile.    Afid  t^e  had  takeh  b6r 
fkstttr  tkoog  with  as,  and  she  called  out  her 
•aber's  name,  Bfall  Raynea,  and  her  brother's 
name,  Derick  Raynes,  and  so  at  last  we  got  the 
boat  wherein  they  were,  on  hoard  of  ns.    A»»d 
We  asked  the  man  what  he  had  done  with  the 
eentleman  that  lay  at  his  house  ?  He  dechired 
be  was  gone  away,  he  did  not  know  whither. 
So  I  Went  back  again  to  ibis  gentleman  that 
<*aTe  me  this  first  inihrtnation,  who  did  go  to 
htm  as  a  neighbour,  to  know  whither  he  was 
etme,  and  whetehe  was  to  be  found,  and  where 
be  wocdd  hind.  9a  he  declared  the  particulars : 
That  if  we  missed  him  that  night,  we  should 
haTe  him  iti  the  Hope  upon  Mondar  morning, 
yapoa  a  Teasel  that  was  to  be  cleared  upon  M on- 
miy  morning,    ^o  upon  Sunday  night  coming 
to  Graresend  dbout  eight  ot  time  o'clock,  or 
IbereaAioats,  there  he  landed.    There  were  13 
or  14  St^edes  at  the  same  house  where  he  was 
to  land  ;    so  we  thought  it  convenient  to  take 
Ilin  at  his  first  landing,  lor  fear  of  further 
danger.  8d  I  staid  at  the  Red 'Hon  back- stairs, 
and  he  landed  at  the  fbre-stairs,  where  the  wa- 
termen were.  As  soon  as  he  was  laid  hold  of,  I 
eameto  him ;  said  I,  your  lordship  shall  not 
Want  finr  any  thing  that  is  convenient.    He  de- 
sired to  know  whether  I  knew  him ;  I  told  him 
yes ;  and  that  his  name  was  count  Coning^- 
mark.     That  is  my  name,  says  be ;  I  do  not 
deny  h.  So  the  mavor  came,  and  the  Custom- 
faoose  officers  searched  him,  and  found  nothing 
at  all  of  any  arms  about  him.    He  desired  he 
might  be  used  like  'a  gentleman,  and  so  he  was  ; 
fer  there  waa  no  abuse  given  to  him,  as  1  know 
of.    Coming  op  the  river,  the  most  of  my  dis- 
touRK  was  about  material  aflkits  ;  a  seijeant 
that  h^d  the  command  of  a  file  of  mnsqueteers, 
%hieh  the  deputy  governor  sent  to  guard  the 
coout  to  Whitehall,  a  gentleman  sittit^  there 
by  me.  Was  asking  me  concerning  Mr.  Thynn's 
tnnrder  ;  I  told  him,  that  I  was  at  Newgate  on 
t^riday,  afad  there  I  saw  those  that  had  done 
thai  barbarons  f^ct.    With  that,  my  lord  asked 
what  lodgii^  ^ere  were  in  Newgate  P  And 
Whetfier  the  captidn  had  a  good  K)dging  ?  I 
told  him  a  very  good  one.   I^  asked  me  whe- 
ther he  confessed  any  thing:  I  told  liim  he 
had  omfessed  some  particulars.    And,  said  I, 
it  is  the  most  baiharous  thine  that  ever  was 
done.  Cvtainlyy  says  my  lord,  this  Mr.  Thynn 
most  have  correspondence  and  commerce  with 
tome  lady  that  this  captaib  knew,  that  belong- 
Hi  to  the*conrt,  or  he  would  never  have  done 
it  As  for  the  Polander,  1  told  him  that  be  had 
eonAMed,  he  wept  mightily.    With  that    my 
lordseemed  \ery  much  concerned,  and  took  up 
llts  clothes  and  bit  them,  and  sat  awhile  up, 
hot  Was  verv  mtieb  dSscoodposed,  and  then  de- 
aired  to  lie  down. 


Sir  Ff,  Winn.  That  Was,  wbcM  ym  told 
him,  the  Polander  had  oonfeascd  f 

Mr.  Kid.  Yes  ;  my  lord  was  miglMily  al« 
tared  in  his  countenance. 

8ir  Fr.  Winn.  1M  yon  at  the  first  time  that 
you  seized  him  charge  him  with  the  tuurder  ? 

Mr.  Kid,  No  I  did  not. 

SirFr.  Winn.  Was  he  in  a  black  perriwig? 

Kid.  His  cap  fell  oflf,  and  his  pemwig,  just 
as  I  came  to  him. 

Sir  Fr.  Winn,  Set  up  Mr.  Gibbons.  Pray 
will  you  tell  what  passed  ? 

Gibbons,  My  lord,  as  soon  as  ever  he  came 
to  shore,  I  walked  by  him,  and  gave  him  a 
little  kind  ofa  justle ;  and  ray  reason  was,  to  see 
whether  he  had  not  a  black  coat  under  his  cam- 
paign :  I  walked  close  to  him  just  in  this  man- 
ner, as  be  walked  along,,  so  he  turns  about  n^^n 
and  went  down  to  the  waterside,  and  adced  the 
watermen;  Watermen,  have  you  stowed  your 
boat  f  They  answered,  yes.  Then  come  away, 
said  he  ;  so  soon  as  he  came  back  again,  1 
catcfaedliim  fast  hold  by  the  arm,  and  the  first 
word  he  said  to  roe  was,  What,  do  you  come  to 
rob  iwe  ?  Said  I,  my  lord,  you  are  liiy  prisoner, 
and  I  told  him  I  was  the  king's  measenger, 
that  had  waited  several  days  for  him  ;  and 
holding  of  him  very  hanl;  whether  that  was 
the  occasion  of  it  or  the  watermen  that  wera 
od^the  other  side  of  him,  he  dropped  down  his 
sword  between  his  legs  ;  but  when  1  named  hit 
name,  he  gave  a  little  start,  and  his  perriwig 
dropped  oH'  his  fiice.  We  went  up  tbe  stnpet  to 
the  mayor,  and  the  people  crowding  about  us, 
were  very  rude  and  very  rugged,  and  he  de- 
sired be  might  be  well  used.  We  did  all  we 
could  to  keep  the  people  from  him  ;  We  went 
up  to  the  mayor's  house,  and  when  we  came 
there  I  desired  he  might  be  searched,  whether 
he  had  any  arms  ;  He  said  he  had  none,  and 
there  was  none. 

Sir  Fr.  Winn,  When  yon  had  the  custody  of 
him,  whither  did  you  carry  him  ? 

Gibbons.  We  carried  him  to  the  mayor'a 
hodse,  and  afterwards  we  removed  him  from 
his  house  to  an  inn. 

Sirfr.  Winn,  What  did  yon  do  the  next 
day? 

Gibbons.  We  staid  there  about  ^me  two  ot 
three  hours.  After  an  hour,  or  half  an  Inmi^a 
time,  near  upon  an  hour,  my  lord  came  ""to  me 
and  asked  mewmy  name  ;  and  he  said,  the  rea- 
son was,  that  after  his  trouble  was  over  he 
would  give  me  thanks  for  my  civility  to  him. 
Captain  Sinkleer,  who  stood  up,  gave  him  my 
name  before  I  could,  that  it  was  Gibbons.  Yea, 
said  I,  my  name  is  Gibbons,  and  I  belong  to 
the  duke  of  Monmouth  :  Why,  says  he,  the 
duke  of  Monmouth  has  no  command  now 
and  therefore  bow  could  I  take  him  by  hia 
order  ?  My  lord,  said  I,  I  do  not  apprehend 
you  by  his  order ;  you  have  killed  a  very  good 
friena  of  mine,  and  had  not  providence  ordered 
it  othen^'ise,  you  had  like  to  have  killed  a  more 
particular  friend,  and  a  master :  So,  my  lord, 
he  seemed  to  be  very  sorry  at  that ;  but,  says 
he,  I  don't  think  they  would  have  done  any 
harm  to  the  duke  of  Monmouth. 


<  a 

il9]      STATE  TRIALS,  M  Chabi^ks  tl.  1682.— Tm/  of  CowU  Cmumgmmrk      [6* 

tberp  ore  ^igainrt  yoa.  That  yoo  weft  oogni- 
zant  of  thisy  and  that  you  were  the  perwm  thai 
deogned  this :  That  you  cnxae  into  Ensland 
about  a  fortnight  or  3  weeks  before  the  death 
of  Mr.  Thynn ;  that  cwtain  Vratz,  who  was 
one  of  them  that  killed  nim,  came  with  you, 
that  he  lav  at  your  lodging,  that  he  was  oon« 
stantly  with  you,  that  you  lay  incognilo  there^ 
and  prifate,  would  not  be  known  what  your 
name  was,  that  you  shifted  lodgings  from  time 
to  time,  that  Borosky  the  Polander  came  OTer 
by  your  order,  Wias  brought  to  your  lodging, 
was  provided  for  there,  that  be  had  clothes,  and 
be  bad  a  sword  provided  by  your  lordship  foi^ 
him,  and  that  tliere  was  care  taken  that  it 
should  be  an  extrordinary  good  sword,  that 
you  did  discourse  to  Mr.  Hanson  about  your 
calling  Mr.  Thynn  to  account,  and  this  ropch 
about  the  time,  or  a  little  before  the  time  of  hia 
death,  and  what  the  laws  of  England  would  ba 
in  case  you  should  call  Mr.  Tliynn  to  account} 


Sir  ¥r,  ITtlm.  What  else  did  he  say? 

GibboM.  I  think  I  have  told  you  all  that 
is  material. 

Sir  Fr.  Winn,  Were  you  in  the  boat  at  any 
tune,  and  gave  him  any  account  of  the  roan's 
having  confessed ;  what  did  he  say  to  it  ? 

Gibbons,  Sir,  I  was  not  there,  nor  I  did 
not  come  uii  in  the  same  boat  with  him. 

Mr.  Williamt.  Did  he  mention  any  thing 
about  a  stain  to  his  blood  ? 

Gibbons,  I  ask  your  pardon,  he  did  so. 

Mr.  Williams,  What  did  be  say  ?. 

Gibbons,  Says  he,  it  is  a  stain  upon  my 
blood ;  but  one  good  action  in  the  wars,  or  one 
lodging  upon  a  counterscarp  will  wash  away  all 
that. 

L.  C,  J,  What  did  he  say  was  a  stain  upon 
his  blood? 

Gibbons.  My  lofd,  if  you  please,  I  will 
tell  you :  As  I  said,  he  asked  me  my  name,  be- 
cause he  would  come  to  give  me  thanks  for  my 
civility  after  his  trouble  was  over;  the  captain, 
bc'in{>:  quicker  than  I,  told  him  my  name :  Yes, 
Sir,  said  I,  'tis  Gibbons,  and  I  belong  to  the 
duke  of  Monmouth  ;  said  he,  he  has  no  com- 
mand now,  how  could  you  come  upon  his 
order  ?  Said  I,  I  do  not  come  upon  his  com- 
mand, but  you  have  killed  a  very  good  friend 
of  mine,  and  a  ooun|ry  man ;  and  if  providence 
had  not  ordered  it  otberwne,  you  had  killed  a 
more  particular  friend  of  mine,  and  a  master, 
that  I  bad  served  many  years ;  said  he,  I  don't 
think  they  would  have  done  the  duke  of  Mon- 
mouth any  injury  :  After  that  he  walked  up 
and  down  a- while,  and  then  said  he,  'tis  a  stain 
upon  my  blood ;  but  one  good  action  in  the 
wars,  or  a  lodging  upon  a  counterscarp,  will 
wash  away  all  that  The  mayor  was  m  the 
room,  and  several  others. 

Sir  JV.  Witin.  Pray,  Sir,  one  thing  more; 
when  you  did  speak  to  him  of  confession,  did 
he  say  any  thing  to  you  about  captain  Vratz  ? 

Gibbons,  l^r,  he  was  only  asking  of  me 
how  thinflfs  were,  what  the  people  said,  or 
some  such  thing  ?  1  was  not  forward  to  tell 
him  at  first,  but  afterwards  I  did  tell  him,  that 
the  captain  had  made  a  confession,  thoiigh  it 
was  athin^  I  did  not  know  then.  Says  he  I 
do  not  beueve  the  captain  would  confess  any 
thing. 

X.  C.  J,  Did  he  say  so? 

Gibbons,  Yes,  he  did,  to  the  best  of  my 
remembrance.  ^ 

'  Sir  Fr,  Winn,    We  have  done  with  our  ^i- 
denoe,  my  lord. 

L,  C.  J,  My  lord  Coningsmark,  will  you 
ask  him  any  thing  ? 

Count  Coningsmark,    No. 

X.  C,  J,  Then  the  next  thing  is,  you  heard 
the  evidence  that  is  given  against  you.  Now 
you  must  come  to  your  defence :  I  will  put 
you  in  mind  of  some  things,  my  lord,  which 
things  it  will  concern  you  to  give  some  ac- 
eount  of.  It  is  here  laid  to  your  charge.  That 
you  were  accessory  to  this  murder  of  Mr. 
'Thynn,  and  that  you  were  the  person  that  di- 
rected and  designed  it*    And  tnese  evidences 


my  lady  Ogle.    And  that  after  all.  this,  Mr, 
Borosky  was  not  only  clothed  by  you,  but  was 
sent  by  you  to  Vratz,  (that  the  Doctor  says) 
and  after  Vratz  him,  that  he  lay  in  your  lodg- 
ing that  night  before  this  evil  tning  was  done, 
and  after  toe  thing  was  done,  the  same  night 
Vratz  came  to  your  lodging  and  was  with  you, 
and  had  private  conference  with  you,  that  the 
next  morning  you   got  up  and  went  away, 
though  you  had  taken  physic  the  night  be- 
fore, and  though  you  yourself,  nor  your  Doc- 
tor, thought  you  fit  to  go  abroad,  and  you  go 
away  incognito,  in  a  pernwig,  disguised,  you 
direct  your  servant  to  carry  your  clothes  one 
way  while  you  go  another ;  then  you  &;o  down 
to  tne  water-side,  and  lie  private  near  the  river, 
at  a  Swede's  house  at  Rotherbith  for  several 
days  together ;  you  afterwanls  take  great  care 
to  conceal  yourself,  by  changing  your  clothes, 
and  putting^  yourself  in  a  gain  not  like  your 
own,  and  giving  out  you  were  a  merchant  or  a 
jewdler,  or  some  other  trade;  that  afterwarda 
you  trifled  away  the  time  and  went  2  or  3  miles* 
and  then  strucK  in  upon  one  side  of  the^river* 
and  afterwards  on  the  other  side  of  the  river, 
suspiciously  up  and  do^vn  not  to  be  known,  and 
this  not  like  yourself  in  any  manner,  but  io  a 
pitiful  popr  disguise,  and  hire  a  sculler  to  carry 
you,  from  whom  you  concealed  yourself,  and 
so  all  along  you  trifled  away  the  time  till  yoa 
were  taken  at  Gravesend :  That  afterwards  wbea 
you  were  taken,  you  were  inquisitive  about  the 
captain,  whether  ne  did  confess ;  that  you  should 
likewise  say  some  such  suspicious  words  aa 
these,  That  you  believed  those  who  killed  Mr. 
Thynn  had  no  design  against  the  duke  of  Mon- 
mouth ;  that  yon  nelieved  the  captain  would 
not  confess;  that  you  seemed  to  be  concecned 
when  you  were  told  the  Polander  had  cob« 
fessed ;  that  afterwards  you  should  say,  my 
lord,  this  is  a  stain  to  my  blood  ;  but  one  good 
action  in  the  wars,  or  a  Jod^^ing  upon  a  counter- 
scarp, will  take  away  all  thia,  or  wash  it  clean. 


f  1]        STATE  TRIALS,  S4  CHAfttsft  11*  I^S^l^miI  otters,  far  Muritt.        [62 


And  then,  wbk^  is  also  testified  against  yon, 
Ihat  yim  dbould  ask  the  boj  that  ?ery  morning 
«f  tbie  day  the  oDnrder  was  committed,  whether 
&ey  used  in  Lcmdon  here  to  permit  men  to 
nde  up  and  down  on  horse-hadt  upon  a  Sun- 
^y  ?  Now  these  thmgs,  my  lord,  it  wiU  im- 
f9ti  you  to  give  some  account  of. 

Sir  N.  Jokason.  My  lord  says,  he  desires  he 
BiaT  answer  all  these  things  one  after  another. 

X.  C.  /.  Let  him  do  so.  And  first  let  him 
answer  what  his  reason  was  to  come  into  £ng- 
kod  in  such  a  manner  incognito,  at  this  time, 
and  lie  concealed,  when  he  had  been  in  £n§r. 
land  betbre,  and  Uved  in  a  mighty  good  eqm- 
paee  and  condition  ? 

Mr.  Craven,  My  lord,  he  says  that  hearing 
there  was  a  p^ce  between  Swedeland  and 
England,  and  Holland  designed,  and  like  to  be 
eonfimied  suddenly  against  the  French,'  he 
same  with  a  design  to  serve  England,  and  to 
niae  a  regiment  of  horse  here  for  the  serrioe 
of  tbe  king  of  England. 

Gonnt  Comngtmark,  If  any  such  peace 
shooid  be,  if  any  appearance  of  an  alliance he- 
tween  Enifland  and  Holland,  and  Swedeland^  I 
had  a  des^  to  propose,  if  I  could  have  a  regi- 


L»  C.  J.  Why  did  he  come  unknown,  aikd  in 
a  disguise? 

Sir  N.  Johnum.  Secondl3r  he  sa^s,  my  lord, 
the  reason  of  his  coming  incognito  was,  be- 
sanse  he  had  a  distemper  upon .  his  arms  and 
biesst,  and  having  formerly  tried  and  employed 
dus  physician,  and  having  experience  tnat  he 
was  an  able  man,  he  was  resolved  to  lie  private- 
hr  till  he  had  cured  himself ;  ibr  he  could  not 
dnak.  wine  nor  keep  company,  having  this 
distemper  upon  him,  and  he  was  afinid,  if  be 
had  ki^"^  oompany,  it  would  have  hindered  his 
cure,  and  he  should  not  have  been  so  soon 
cured,  as  if  he  kept  in  the  house  ^  and  he  says, 
that  his  equipage  could  not -come  'till  after, 
and  he  would  not  willingly  appear  'till  he  had 
his  equipage  as  a  man  of  his  quality  ought  to 
do;  and  these  were  the  reasons  that  made  him 
keep  private. 

Z.  C  J.  Pray  ask  him  upon  what  occasion 
he  did  chanse  his  lodgings  so  often  ? 

Sir  N.JoSuon.  He  says  that  his  first  lodging 
was  changed  because  it  was  too  cold  for  bun ; 
and  he  says,  the  next  lodging,  where  he  was, 
diose  that  were  there  can  tell,  the  room  where 
he  was  smoaked  so  cruelly,  that  he  was  not 
able  to  endure  it.  And  be  says,  he  liked  the 
house  BO  well,  that  he  sent  to  see  if  the  chimney 
could  b|^  mended,  and  it  was  not  to  be  done, 
otherwise  he  had  gone  back  to  that  house,  and 
he  has  the  man  and  his  ivife  to  bear  witness  of 
ft,  if  you  please. 

X.  C.  /.  Let  him  call  them. 

Count*  Call  Joseph  Parsons  and  his  wife. 
[But  they  did  notappear.3 

L  C.  J.  Then  ask  my  lord  this,  to  what 
nrpose  he  did  brine:  over  this  P<ribnder  here  ? 
fieoogfat  to  oonsiderofthot,  and  give  an  ac- 
foaot  why  he  brought  him  hither. 
'  bt^prtUr.  He  says  thi#  Pole  was  taksn 


into  his  service  ivhen  hewent  to  Tangier,  whea. 
he  went  several  thousand  miles  to  do  the  king's 
service,  and  he  had  designed  at  that  time  to 
bring  him  into  England  to  dress  his  horses 
after  the  German  way. 

X.  C  /.  Had  the  Polander  been  a  groom 
formerly  ? 

Interpreter ,  He  s^y**  he  thinks  he  bad  been 
groom  to  his  uncle  beiore. 

X.  C.  J.  Bat  to  what  purpose  did  he  bring 
him  hither  ? 

Interpreter.  He  says  there  was  a  great  dis* 
course  about  Strasburgh's  being  besieged,  he 
did  design  to  buy  some  hordes,  for  every  dne4id 
ar|n  themselves ;  and  he  says  he  sent  over 
1,000  pistols  to  be  answered  by  themerchant^ 
here,  to  buy  horses. 

X.  C.  /.  Hath  he  any  body  to  prove  it  ? 

Count,  There  is  Mr.  Risby,  Mr.  Hanson^ 
and  my  brother. 

Young  Counts  My  lord,  I  had  a  bill  of  Ex- 
change. 

X.  C.  J.  For  bow  much  paonev,  my  lord  ? 

Young  Count,  For  1000  pistols,'  to  buy 
horses,  and  he  has  bought  one  horse,  and  way 
to  buy  more. 

X.  C  J.  Do  you  bear,  gentlemen,  what  he 
says  ?  He  came  over  to  buy  horses,  an'd  he 
returned  1,000  pistols  for  that  purpose ;  and  his 
brother  (Joes  attest  there  was  such  a  sum  return- 
ed by  hdis  of  Exchange,  for  the  buying  of 
horses. 

Interpreter.  My  lord,  he  says  he  does  fear 
that  the  jury  that  do  not  undei'stand  English^ 
do  not  understand  his  reasons  for  being  in  a 
disguise. 

X.  C,  J.  Cannot  he  give  an  account  of  k 
himself? 

Mr.  Williami,  No,  my  lord,  his  evidence 
must  be  interpreted  to  them  by  the  Interpreter. 

X.  C.J.  Tne  doctor's  evidence  haUi  been 
heard  already  abbut  the  same  nuitter. 

Sir  N,  Johnson.  He  desires,  my  lord,  to  know 
this;  whether  he  niay  not  say  the  same 
things  over  again  to  the  jury  m  French? 
there  are  a  great  many  persons  of  quality  that 
understand  it,  and  they  will  see  whether  he 
speak  true. 

X.  C.  /.  Let  him,  if  he  pleases. 

Sir  Fr.  Winn.  But  then,  my  lord,  I  hope 
that  your  lordship  will  tell  the  jury  it  goesror 
nothing  without  proof. 

[Then  the  Count  spoke  to  the  Jury  in  French. 

X.  C.  J.  My  Lord,  I  do  not  knoi^  whether 
thegentlemen  that  are  of  your  right-hand  heard 
you  or  not 

Jurymen.  We  understand  not  French.  [Then 
the  count  spake  it  in  Dutch.] 

Interpreter.  He  says,  if  it  had  not  been  (w 
the  great  stormy  weather,  the  Pohmder  had 
been  sooner  in  London,  for  he  sent  for  him  * 
before.  He  says,  the  letters  go  fiomStras* 
bufg  to  Hamburgh  inseven  days,  and  that  moai 
commonl^r  diips^do  come  from  tibenoe  in  sMt 
days,  but  in  a  great  deal  less  time  than  the  ro- 
lander  eamsovar  in.    And  he  says,  thai  ha  mit 


63]     STATE  TRIALS,  34  Charles  II.  l682.-*Tna/  ^f  Cmni  Coning9wmrk     [64 


four  months  before  to  i«toh  the  Polander  ov«r, 
and  be  mi^bt  have  been  here  long  ere  now,  if' 
it  had  not  been  for  the  weather. 

L.  C.  J.  Then,  my  lord,  I  would  ask  you 
some  more  questions,  which  concerns  yoik  to 
answer.  Upon  what  occasion  did  you  male 
your  discourse  of  Mr.  Thynn*s  death  to  Mr. 
Hanson  ?  Had  you  any  <Uscourse  with  him  ? 
and  upon  what  occasion  r 

Sir  N.  Johmon.  My  lord,  he  says  in  common 
discourses,  it  is  impossible  to  give  an  account  of 
the  di80ourse,H)r  renaember  the  occasion  of  it  so 
long  ago. 

L.C  J.  Adc  him  if  he  bad  any  quairci  with 
Mr.  Thynn?  Or  knew  Mr.  Thynn  ? 

^  N.  Jolmson.  He  saytf,  my  lord,  that  he 
never  had  any  quarrel  with  Mr.  Thynn,  nor  to 
the  best'  of  his  remembrance,  with  bU  eyes, 
jMver  saw  Mr  Thvnn. 

L.C,J.  Then  1  ask  you  this,  my  lord,  did 
you  ever  bear  Mr.  Toypn  liad  married  my 
lady  Ogle  before  you  last  came  into  Eng- 
land ? 

Interpreter.  He  says,  he  never  heard  of  it 
ontilbe  wasgoin^toStrasbargh,  and  then  all 
the  whole  town  did  talk  of  it 
L,  C.  /.  How  long  is  that  ago  f 
Interpreter.  Half  a  year  ago. 
L.  C^J.  Then  k  was  before  hu  last  coming 
into  England. 

I9ir  Fr,  Wihn.  My  lord,  his  discourse  with 
Mr.  Hanson,  was  not  when  he  was  last  in  town, 
but  before. 

L.  C.  J.  Then  pray  ask  Irim  tbifl,  what  oc- 
casion be  had  to  ask  the  boy  upon  SundaT. 
whether  horses  might  ride  about  the  town  of  a 
Sunday  ? 

Interpreter.  He  says,  my  lord,  this  is  a  veiy 
strange  thing,  that  he  s&odld  go  and  ask  a 
seoHMn-boy,  whether  people  might  ride  on 
Smdays,  when  he  himself,  over  and  over  again 
has  rid  upon  Ssoidavfii  to  Hyde-Paik,  as  niany 
persons  of  qualitr  do. 

L.  C.  J.  Has  be  any  body  to  pvove  it? 
Bir  N.  Johnwa.   Here  is  major  Oglethorp, 
(who,  with  divers  other  gentlemen,  testified  they 
liad  seen  him  ridingr  divers  times,  en  Sundays, 
m  Hyde-Par^.      " 

L.  C.  J.  Tnen  that  questten  signifies  no- 
thing ;  there  oould  be  notbinff  in  that  question. 
Sir  N.  Jchmon.  My  lordThe  de^res  that  I 
may  b«^  examined  concerning  the  boy,  of  what 
I  heacd  by  chance  from  the  boy  himself,  and  I 
wfll  give  you  an  account  of  it  upon  my  &ith  and 
Toputation. 

£.  C.  /.    Do  BO,  Sir  Nathaniel,  say  what 
you  can  say. 

Sir  N.  Johnmrn.  My  lofd,  I  having  had  the 
honour  to  serve  a -while  under  my  lord's  fother, 
I  WM  desirous,  knowing  the  honour  of  the 
fhbuly,  and  bearinga  grrat  respect  to  it,  to  do 
My  lord  all  the  rea^inable  service  I  could.  So 
heiHing  my  \Kvr6  was  taken,  ajid  in  Newgate, 
i  went  to  wtMt  upon'him  ;  and  coming  there, 
if  r.  Uiohardson  told  me^  there  was  a  Uttle  boy 
*«nai«id  at  the  count's  door  for  his  wages,  as  he 
mki.   So  Iapak«t»lhebey,  andtfkadhim, 


whatdo'st  thou  stay  for  ?  He  laid  rae  for  his 
wages.  Said  I,  certainly  nay  Imtl  will  pay 
you  your  wages ;  how  long  hare  yoq  aerve« 
nim  ?  He  said,  a  little  whila  ;  and  then  said  I, 
if  you  Ikwed  with  him,  what  do  you  know  of 
his  business?  And  then  ofhinaseif  he  began 
and  told  me :  only  this  I  know.  That  VralB 
was  an  my  master's  chamber  that  oitffat,  and 
the  PolauM'  that  mght  went  4Mit  wim  a  jpair 
of  boots  under  his  arm,  and  more  than  this  I 
do  not  know.  Said  I,  boy,  who  do  yau  serye  ? 
Says  be,  I  have  no  master  at  present;  but 
mn  of  his  own  accord  be  told  me,  sir  Thnmm 
Thynn  bad  nroKused  him  a  place,  and  in  the 
mean  time,  r  am,  says  he,  to  go  to  aerre  my 
lord  Privy-Seal;  and  oo  noiyToed  gave  him 
90r.  for  his  wages. 

Interpreter.  My  lard  desices  die  boy  may 
he  asked',  whether  he  did  not  go  to  fetch 
plwwc. 

X.  C  /.  Ask  him  ;  where  is  the  boy  ? 

Watts.  No,  1  do  not  remember  it. 

L.  C.  J.  Now,  you  should  put  the  oooot  in 
•mind. 

Sir  Fr.  Winm.  We  observe  what  a  aovt  of 
iaterprelar  sir  N.  JohniMm  is  :  he  speaks  move 
like  an  advocate  Uian  an  interpreter  ;  he  min- 
gies  iQterpfeter,  and  witness,  and  advdbate  to- 
getl)er,  I  don't  know  what  to  make  of  him. 

L.  C,  J.  The  count  had  taken  physw  that 
day. 

i^  TAoimu^IT^n.  My  lord,  I  desire  to  be 
heard,  I  never  smdte  to  the  boy  in  ail  my  lifo. 

Mr.  rAyiifi.  Nor  I.  Bai  he  gave  the  same 
testimony  be  ^ves  now,  bcfose  the  king  and 
council: 

jL  C  J.  Look  you,  sir  Thomas,  it  does  nat 
ooacern  you  at  all  tospeak  to  tfaait,  there  is  no 
reieotioii  made  upon  you  in  it  But  my  Imrd 
Ckmiogsmark,  it  wiU  conceni  you  a  htUe,  to 
shew  upon  what  occasion  eaptam  Vratx  came 
to  you  that  night  that  Mr.  Thynn  waa  IdHed. 

interpreter.  He  says,  my  lord,  he  cant 
teU  why  he  came  there ;  it  is  a  proper  ques- 
tion to  ask  ^rntain  Vratz  himself. 

L.  C.J.  That  can't  be. 

Interpreter.  He  says,  my  lord,  he  kept  his 
chamber  at  that  time;  he  had  taken  cold 
upon  his  taking  physic,  and  the  captain  came 
to  give  him  a  visit,  and  he  never  reflected  what 
any  one  came  for  ;  he  was  lying  upon  his  bed. 

L.  C.  Baron.  Pray  a^  my  lord  this :  why 
this  man,  tliat  was  sent  over  to  attend  horses, 
should  came  upon  tlie  Friday,  and  a  cam- 
paign coat  be  boiiglit  him  on  the  Saturday,  and 
he  nimiriied  with  a  sword  on  the  Sunday  P 

'  Interpreter.  My  lord,  the  noise  is  great,  but 
I  suppose  your  lordship  desires  to  know  what 
was  the  reason  why  he  Dought  a  sword  for  him 
and  a  coat? 

L,  C.  Btunm.  Ay,  and  how  he  came  by  the 
buff-coat  ? 

interpreter.  He  ^ays  he  had  that  before. 

L.  C.  Betron.  Bat  why  must  he  have  sueh 
aatrong  baaket-bilted  sword  furnished  him  in 
a  day's^time. 

^iitmrpreter.  He  aaye,  my  lord,  ••  to  the 

4 


fe]        WMrra  TfrtlALS,  S4  Charles  11.  l682.— amf  others, for  Murder.        [66 


iSMiies^  ^Heii  lie  saw  bun  with  all  his  clothes 
leni,  he  must  of  necessity  g«t  him  a  coat,  or 
life  he  was  a  shame  to  him  and  hisi^enice. 
And  19  for  the  sword,  it  \ras  no  more  (he  sa^^s) 
ihaa  what  servants  of  bis  bulk  and  making 
ned  to  wear. 

%  If.  Jokrt^m.  And  he  says  aQ  t!ic  servants 
«f  gjentlemeti  it  Gennany  weai*  such  broad 
tirordv. 

i.  C.  J.  You  know  it  yoarself,  sir  f^athantei 
Jbhosdn,  you  hart^trareUed  there. 

Sir.N^.  Johnson.  Yes,  my  lord,  they  do  ;  and 
flie'  Vo\es  much  broader  and  greater  swords 
Aaa  the  others*  Here  is  one  in  court  that 
liffa  a  gr^at  broad  sword  now  by  his  side. 

L.  C.  J-  Now,  my  lord,  it  will  im|)ort  you 
tft  ^e  some  account,  how,  you  having 
troD^ht  over  this  Polandcr  (as  you  say)  to 
\htioae  boTses,  and  help  you  in  the  mauage- 
Bsent  erf  them,  to  take  care  of  them  in  the 
kahire  of  a  oroooi,  how  yon  came  to  part  with 
Mm  to  captekn  Vratz  as  soon  as  he  came  over  ? 

Interpreter.  My  lord,  he  says,  being  that 
tap  was  sick  himself,  and  tliere  was  no  hopes  of 
'  iSic  alliance  between  England  and  Holland,  he 
had  na  ^tmh  occasion  for  him,  as  when  he 
%rrate  ftnr  him,  and  thei^fore  saw  no  reosod  to 
fteep  him. 

X.  C  J.  How  long  was  it  beftre  that  he 
imts  for  Htnii  ? 

Coant.  JFy  lord,  after  the  siege  of  Stras- 
idrgh,  when"^  every  body  thought  there  would 
hwfe  been  a  War,  but  it  was  not  so  ;  th^efbre 
f  had  not  need  of  him,  but  he  had  been  seven 
#eek9  at  sea  ;  and,  my  lord,  it  is  a  common 
lOam^  iuQermanv. 

Interpreter.  He  says,  it  is  a  common  thing 
id  diehr  coantry ,  to  gpve  servants  aWay ,  if  there 
htriio  occastoa  for  them. 

Cnrnf.  My  lord,  it  is  a  common  thing  in 
QeiYilany,  it  may  be,  it  may  not  be  so  much 
fMdin  England  to  give  a  servant  away. 

jL.  C.  l^rpn.  What,  the  next  day  that  he 
comes  orer  ? 

t,  C.  J.  WUat  say  yon,  Or  Nathaniel 
Jblnisoit'? 

flb  If.  Jxjknian.  Yes,  my  lord,  it  is  Yety 
ifeqoent  in  Germany  to  give  a  servant  away  if 
tbere  benousenf  him^  for  these  Folaadcrs  are 
Hke  blares. 

Interpreter,  And,  my  lord;  he  says>  that 
Mr.  Russel  does  know,  that  the  merchant  that 
seat  him  over  hither  is  a  man  of  good  repute ; 
0eA'  if  this  man  had  had  an  ill  deputation  in 
(Sennany,  he  vvo'titd  not  have  sent  hitit. 
'  Witnctf.  My  loi*d,  I  know  very  well  he  is  a 
tan  of  very  gfreat  credit'  in  Hamburgh,  and  of 
great  estate. 

LC.  Ji  Bid  he  send  over  this  Polander? 

Witness,  Yes,  my  l6rd,  so  I  understand. 

X.  C.  f.  Ctta  3'ou  speak  of  his  credit,  sir 
IKftbsiei  J(^lm<«yn  ? 

*  Witwag.  Of  the  metclianfs  credit  I  cian, 
my  lord  ;  I  know  him  to  be  a  man  ^f  consi- 
derable estate  and  credit;  He  is  a  man  of  such 
itpotaiiofi,  tHal  he  would  not  send  a  man  of  an 
m^utatiaii'. 

TOi.  IX. 


i.  C.  Baron,  Oh,  Sir,  '  Nemo  .  rcpente  ftt 
'  turpissimus.'  He  could  not  be  so  ill  a  roan  at 
the  nrst  dash  ;  he  must  be  a  man  probable  tor 
such  a  service. 

•Sir  Fr.  Winn.  You. may  observe,  my  lord, 
how  sir  Nathaniel  Jubnsoii  v  ho  is  interpreter 
in  the  case,  is  a  witness,  and  argues  for  the 
prisoner  too. 

Mr,  Witliamt,  Pray,  ^  Nathaniel,  is  a 
rencounter  the  killing  of  a  man  after  this 
manner  ? 

Sir  N.  Johnson,  A  rencounter  is  another 
sort  of  thing',  Sir ;  you  don't  speak  as  if  you 
were  a  soluicr. 

Mr.  Wiihams:  My  being  a  soldier  or  not 
is  nothing  to  the  business ;  but  the  captain  said, 
he  intended' to  have  made  a  rencounter  of  it. 

Sir  Fr,  Winn,  But,  my  lord,"  we  desire  to 
take  notice  of  sir  Nathaniel's  forwardness ; 
for  it  may  be  a  precedent  in  other  cases. 

L.  C.  J.  What  do  you  talk  of  a  precedent? 
When  did  you  see  a  precedent  of  a  like  trial  of 
strangers,  that  coidd  speak  not  a  word  of  Eng- 
lish; but  you  would  fain  ha\e  the  Court 
thought  hard  of,  for  doing  things  that  are  ex- 
traordinary in  this  case. 

Mr.  Craven,   My  lord,  he  desires  he  ifaay 
inform  the  jury  what  he  sent  for  this  Po- 
lander for. 
X.  C.  J,  Let  him. 

[Then  the  domA  spake  it  in  French  and  Dotch.] 

9 

L.  C,J.  My  lord,  another  thing  is  diis,  how 
came  your  lordship  presently  to  go  aws^  in 
such  a  private  secret  manner,  and  to  direct 
your  clothes  to  be  sent  as  it  were  to  Windsor  ? 
And  yourself  to  go  away,  and  to  make  such  a 
private  withdrawing  of  yourself  down  the 
river  in  this  manner  F 

Mr.  Craven.  My  lord,  he  says,  that  one 
Markham,  that  is  here,  came  and  told  him, 
^at  upon  the  killing  of  this  man  by  the  Po- 
lander and  the  captain,  who  were  taken  in 
such  a  fact,  there  was  a  discourse  of  it  that 
it  might  turn  to  hb  prejudice,  and  &at  the 
common  people  do  commonly  fall  upon  stran- 
gers; that  his  tay  lor  told,  him;  that  he  heard 
the  common  people  name  him'  as  concerned  in 
it^  and  that  he  believed,  if  the  common  people 
did  catch  him,  they  would  tear  him  to  pieces, 
and  so  his  friends  did  counsel  him  that  ha 
would  withdraw  himself. 

L.  C.  J.  Is  the  taylor  here  P  Call  him. 

Interpreter,  Call  Markliam  the  taylor.  (n^ho 
stood  up.) 

Sir  N.  Johnson.  My  lord,  he  says,  that  he 
was  afraid  the  people  might  tear  him  to  pieces, 
before  he  could  come  to  justify  himself. 

X.  C.  J.  Look  you,  friend j  did  you  come 
to  coimt  CohiAgsmark's  lodgings  after  Mr. 
Thynn  was  killed,  on  the  Monday  morning  f 

Markham.  Yes. 

L.  C,  J.  What  did  you  tell  him  ? 

Markham,   I  told    him  nothing,  but  I  wa> 
sent  there  by  Mr.  Hanson  ;  savs  he,  tell  the 
count  that  the  duke  of  Monmouth  and  several   • 
noblemea  have  beeb  here  :  ^o  w  I  had  not  s^ea 

F 


671     STATE  TRIALS,  34  Cuables  II.  1 68£.^Trta/  fff  Count  Conhtgmmrk      [69 

the  count  at  that  time  before,  but  he  told  me 
ivhere  he  lod^d ;  when  I  came  there  I, told 
the  count  of  it,  but  be  told  me  he  knew  no- 
things of  it ;  but,  said  he,  I  am  sorry  if  any 
such  thine  be  done. 

L.  C.  J.  But  what  did  you  say  his  friends 
advised  him  to  about  it  ? 

Markham,  I  did  say  nothing  of  it. 

[Then  the  count  spake  to  him  in  Duteh.] 

Markham.  That  was  aflcrwards. 
'  X.  C.  J.  What  was  that  afterwards  ? 

Markham,  I  was  told,  the  people  said,  if  he 
were  taken  he  .would  be  knocked  on  the  head. 

X,  C.  J.  What  time  afterwards  was  it  ? 

Jilarkham,  After  he  went  away. 

X.  C.  J.  Who  told  you  so  then  ? 

Markham,  Mr.  Hanson  told  me  so  then ; 
I  would  not  toll  a  lie  for  all  the  world. 

Count,  He  can  tell  also  when  I  went  away 
^^-the  rest  he  nwke  in  Dutch.' 

Interpreter.  He  says  this  man  can  witness, 
that  heasked  his  man  what  inoney  he  had  left, 
and  he  told  him  that  he  had  not  above  10  or 
11/.  so  he  put  his  hand  in  his  bag  and  took  out 
•ome,  and  put  it  into  his  pocket. 

Count.  So  ill  was  I  provided  for  an  escape. 

X.  C  J.  Ask  him  that  question;  do  you 
know  any  thing  of  what  money  he  took  with 
him? 

Markham,  No,  I  saw  him  take  an  handful  of 
silver,  but  what  it  was  I  cannot  tell. 

Mr.  Thynn,  He  had  7  or  8/.  about  him  when 
he  was  taken. 

Interpreter,  He  desires  leave  to  tell  it  to 
the  jury,  (which  he  did.) 

Jt.  C  J,  Now,,  my  lord,  this  will  require 
some  answer  ;  how  came  you  to  tell  those  gen- 
tlemen that  took  you,  that  he  believed  Mr. 
Vratz  and  the  rest  would  have  done  the  duke 
of  Monmouth  no  harm  ?  ^ 

Interpreter,  He  says,  the  people  told,  when 
be  waa  taken,  that  the  di;ike  of  Monmouth  was 
in  the  coach,  and  that  they  did  follow  the 
coach  a  g^'eat  >^'ay,  and  would  not  do  the  ac- 
tion till  the  duke  of  Blonmouth  was  out  of  the 
coach. 

Count,  They  did  tell  me,  the  croud  that 
were  about  me,  that  those  that  were  taken  said 
that  they  would  rot  do  it  till  the  duke  was  out. 
Interpreter,  And  he  says,  that  gave  him 
sufficient  reason  to  say  to  Mr.  Gibbons  that  he 
did  behere  they  had  no  design  upon  his  grace 
the  duke  of  Monmouth. 

X.  C.  J.  He  heard  it  so  commonly,  it  seems. 
Now,  my  lord,  there  is  one  thing  more  that 
you  should  explain  yourself  in,  what  you 
meant  by  this  when  you  said  it  would  be  a 
stain  upon  your  blood,  yet  one  noble  act  in 
war,  or  the  lodging  upon  a  counterscarp, 
would  wash  it  off. 

Interpreter,  He  says,  my  lord,  that  though 
he  knew  himself  not  guilty  of  any  thing,  yet 
his  being  taken  upon  suspicion,  and  clapped  up 
in  prison,  would  be  a  great  disgrace  to  him,  and 
would  be  worse  resented  in  his  o^vn  country 
than  tho  thing  itself  was :  It  being  not  the 


custom  in  his  country  to  take  persons  of 
quality  prisoners  in  that  manner. 

X.  C.  J,  Now,  my  lord,  is  there  any  person 
that  yon  would  have  called  to  ask  anr  ques- 
tions of?  If  you  have,  they  shall  be  called. 

Count,  No,  my  lord  ;  nut  if  you  please  to 
give  meleaTe  to  tell  something- that  may  be  ne- 
cessary.    [Then  he  spake  in  Dutch .  3 

Sir  N,  Johnson,  My  lord,  he  says,  if  yoa 
will  give  him  leave,  though  it  does  not  come 
very  well  ftt>m  himself,  yet  he  desires  to  say 
something  for  his  own  reputation. 

Mr.  Williams,  He  should  be  armed  witfi 
witnesses  to  make  his  defence. 

X.  C.  J.  It  is  fit  for  any  men  that  stand 
heipeto  say  any  thing  that  is  reasonable  for 
themselves.  My  lord,  if  vou  can  speak  any 
thing  that  yOu  apprehend  the  jury  can  under- 
stand, speak  to  them  what  you  please,  so  as 
they  understand  it,  but  do  not  be  t<x>  long.  ~ 

Mr.  Craven,  My  lord,  if  vour  lordship 
please,  he  says  he  would  spoik  it  nrst  in  French, 
and  then  in  German. 

X.  C.  J.  Ay,  hut  then  the  Englishmen  of 
the  jury  will  not  understand  a  wora  of  it ;  he 
had  better  speak  in  English  to  the  jury. 

X.  C.  X  (North.)  Bly  lord,  it  u  an  indif- 
ferent thing,  it  may  be  interpreted,  not  being 
matter  of  net. 

Sir  N.  Johnson,  My  lord,  lie  says  it  is  a 
great  happiness  in  all  nis  trouble,  that  he  was 
in  a  country  where  he  was^  to  appear  before  a 
protestant  iudicature,  himself  hemg  a  a  pro- 
testant,  and  his  forefa^ers  also.  He  says,  that 
his  fore-fathei-s,  under  Gustavus  AJolphus, 
were  soldiers,  and  did  there,  with  their  swords 
in  their  hands,  and  the  loss  of  their  blood,  en- 
deayour  to  settle  the  jprotestant  religion  in 
Germany,  and  protect  it  there  :  He  says,  that 
it  has  been  the  nonour  of  himself  and  his  fa- 
mily, that  they  have  always  been  ready  to  yen- 
ture  their  blood  and  their  lives  for  the  ad- 
vantage of  the  protestant  rdipon,  as  the  ex- 
amples of  his  g^randfather  and  father  do  shew ; 
and  there  was  never  any  thing  done  byhis  &- 
milybut  what  was  done  for  the  honour  of 
his  country,  and  his  religion:  And  he  says, 
that  if  any  of  his  former  actions  can  give  any 
the  least  snopicion  of  his  hemg  guilty  of  this, 
or  any  foul  lact,  he  is  yery  wilhn$[  to  lay  down 
his  lire,  and  very  vrilling  to  have  it  cat  off  im- 
mediately. 

Count,    Immediately. 

Sir  N.  Johnson.  He  says,  that  he  is  yery 
I'^^y*  upon  all  occasions,  to  serve  the  king  of 
England ;  and  that  he  loves  the  English  na- 
tion so  weO,  as  always  to  be  ready  to  do  any 
thing  to  serve  them. 

Count.  Without  any  interest  in  the  world, 
against  the  will  of  all  my  rdations ;  and  I  have 
brought  my  brother  into  England  to  be  brought 
up  into  the  Protestant  rdHgion,  to  shew  mv 
inclinations  to  the  religion,  and  the  English 
nation. 

L,  C,  J,    Haye  vou  done  ? 

Sir  Fr.  Win,  Yes,  my  lord,  we  haye  done 
with  our  eyidenoe,  and  we  ha? e  no  mattsr  of' 


« 

STATE  TRIALS*  34  Charles  II.  l6sz.--aHd  aiheri^for  Murder.        [70 


&et  to  ivpiy  unto ;  batwe  think  it  is  oar  duty, 
oD^cieniig  the  defience  my  ]ord  has  mtfde, 
t^  we  should  take  some  care  to  put  the  king's 
ciidenoe  a  little  togedier,  it  being  a  case  ot^ 
aadi  luiture,  and  so  cruel  and  horrid  a  murder. 
My  Ixfecd,  and  you  Gentlemen  of  the  Jury,  I 
am  of  cofonsel  here  for  the  kine,  and  you  are 
nntlemeD  upon  an  enquiry  to  nnd  out  the  of- 
ndeis  in  a  very  ffreat,  a  baiharous,  and  a  wil- 
fid  mmrder.  And,  my  lord,  in  relation  to  the 
principaJs,  J  need  not  spend  your  lordship's  and 
the  jury's  time  about  them ;  for  all  those  three 
men,  that  ate  indicted  as  principals,  do,  my 
kid,  oonleaB  the  fact,  though  th^  do  it  in  a 
£ferent  nmnner,  and  though  in  form  of  law 
they  hare  pleaded  Not  Guilty ;  yet  when  they 
cane  to  be  asked  the  question,  their  guilt  flies 
b  their  iiioes,  and  they  cannot  deny  it.  So 
dbenibrthofle  three  men  there  is  no  need  to 
spend  time  in  repeating  the  evidence. 

But,  my  lord,  that  seems  to  require  the  con- 
aideratioa  (tf  the  jury  is,  whether  this  wicked 
and  horrid  minder  he  only  circumscribed  in 
the  goilt  of  it  to  those  three  men  that  have 
oonnssed  it,  car  whether  any  rational  man  in 
the  world  wiQ  believe,  upon  the  account  they 
give  tliemselves,  that  they  had  only  a  design, 
a  study,  or  a  deligfat  to  loll  this  innocent  gen- 
tleman. No,  my  lord,  the  thing  must  Tie  a 
fitde  deeper,  and  there  must  be  some  other 
icawn  why  this  barbarous  murder  vras  com- 
mitted, 1  would  crave  your  pardon  for  what  1 
say.  My  hnd,  I  would  not  speak  any  thing 
that  afaomd  mislead  a  jury  in  matters  of  blood, 
and  1  tfaank  it  was  rightly  said  by  your  lord- 
ship, that  when  a  man  is  tried  for  his  life,  we 
ought  all  to  behave  ourselves  seriously,  as  in  a 
matter  <^  weight  and  moment.  And  so  it  is,  I* 
think,  a  Tery  serious  thing,  and  a  matter  of 
eoDcemnient  to  us  all  to  enquire  who  hath  shed 
innocent  blood ;  for  such  was  this  poor  gentle- 
man's blood  that  was  killed,  innocent  blood. 

My  lord,  this  count  is  a  very  unhappy  per- 
son to  have  such  a  relation  as  has  been  proved 
to  be  of  the  principals :  I  will  do  my  lord  no 
wrong  in  the  repetition,  if  I  do,  and  am  mis- 
taken, I  craTC  your  direction,  I  am  sure  you 
wiU  eorrect  me  in  it.  Two  of  the  persons  that 
are  piincipab,  that  was  captain  Vratz  and  the 
Polander,  happened  to  be  persons  relating  to 
my  lord^B  family  as  his  servants.  For  it  is 
agreed  by  the  witnesses  that  were  thai  comet's 
frwnds,  that  they  came  over  into  England  ivith 
the  eoimt,  the  last  time  he  came  over  in  that 
private  manner ;  and  it  is  likewise  proved,  and 
not  denied  by  him,  that  captain  Yratz  was  fre- 
qoenliy  with  him,  not  only  to  the  very  day 
when  this  bloody  fact  was  done,  but  afier  that 
peat  crime  was  committed :  I  say,  my  lord, 
It  is  a  very  mifortunate  thii^  for  this  lord,  that 
th^  men  should  have  so  near  a  relatioa  to 
bim,  who  have  had  their  hands  in  it,  and  can 
pfe  DO  account  why  th^  did  it. 

My  lordy  I  do  know,  (and  your  lordship  has 
yady  directed  ns)  that  no  evidence  from  one 
pisoner,  or  the  confession  of  one  can  charge 
(kothoB  IB  point  of  evidenuDes  but  J  cannot 


but  take  aotioe,  that  captain  Vrats  could  giva 
no  reason  in  the  world  fur  it,  but  as  it  were  for 
some  aifrout  to  the  count  and  himself.  But, 
my  lord,  the  evidence  that  lies  heavy  upon  this 
lord  at  the  bar,  is  made  up  of  these  particulars. 

First,  That  here  is  a  murder  committed  is 
plain,  then  that  this  lord  did  fly,  is  also  plain, 
and  when  he  did  fly,  gentlemen,  he  kept  him- 
self in  di^^ise  before  that  fact  was  committed, 
and  whether  or  no  the  reasons  be  sufficient 
that  he  has  given  to  your  lordship,  and  the 
jury,  must  be  left  to  consideration.  He  says, 
that  he  had  not  his  equipage,  that  he  was  not 
very  well,  and  that  he  could  not  drink  wine : 
those  I  take  to  be  the  reasons  given,  why  my 
lord  Coningsmark  did  conceal  himself,  till  the 
time  after  Uie  fact  was  committed. 

X.  C.  /.  He  was  taking  of  physic,  and  ha 
thought  it  might  be  prejumcial  to  him  to  drink 
wine,,  or  keep  c<mipany. 

8ir  Fr,  Wtnn.  But,  my  lord,  these  kind  of 
shifts,  we  think,  are  not  able  to  balance  the 
evidence ;  for  that  which  is  truly  the  evidence 
is  this,  Mr.  Hanson,  who  is  very  much  con- 
versant in  that;  family,  and  who  did  give  his 
evidence  very  linwiihiijdy ;  yet,  he  dul  really 
confess  that,  which  wDI  go  very  far  in  tliis 
case ;  for  afVer  he  vras  pressed  several  tiroes 
{your  lordship,  and  the  court,  and  the  counsel 
pressed  him)  to  tell  what  was  the  reason  of  that 
discourse  he  had  with  the  Swedish  resident, 
and  he  was  asked,  Had  you  any  command 
from  my  lord  Coningsmark?  He  answered 
no :  but,  says  he,  I  mought  it  would  please 
him,  if  I  could  have  the  opinion  of  the  agent 
or  resident  to  know  what  tlie  laws  of  Enghnd 
were,  if  so  be  he  called  Mr.  Tbynn  to  account, 
and  what  the  consequence  would  be  in  refer- 
ence to  bis  design  upon  my  lady  Ogle,  and 
upon  this  he  does  go,  and  ask  the  question  of 
this  resident. 

.  Now,  What  does  he  mean  by  this  calling  »tQ 
account?  We  must  take  things  according  to 
the  reason  of  them.  Certaimy  it  was  soma 
oflence  that  he  had  taken  to  Mr.  'i'hyno,  and 
that  is  ijlain  in  regard  when  he  was  asked  what 
the  prejudice  did  refer  to,  Mr.  Hanson  was 
pleased  to  name  that  great  lady,  my  lady  Ogle,^ 
and  said  she  was  mentioned,  and  he  did  desire^ 
to  know  what  the  influence  of  the  laws  of  Eng- 
land would  be  in  that  matter,  if  be  should  call 
him  to  account. 

My  lord,  I  think,  with  submission,  it  carries 
this  m  it,  as  if  he  had  a  purpose  in  his  mind  to 
caU  Mr.  Thynn  to  account  by  quarrelling  with 
him  and  hazarding  him  in  nis  life ;  I  do  not 
undertake,  nor  would  not,  of  myself,  to  ex- 
pound it,  but  this  I  will  say,  it  must  signify 
something,  and  nuist  have  some  consideration ; 
and  without  all  doubt,  a  person  of  this  lord's 
quality  would  liot  let  ftdisuch  an  expression^ 
but  for  some  end  and  purpose. 

My  lord,  after  Mr.  Hanson  bad  given  his 
long  evidence,  which  came  so  difficultly  from 
him,  we  traced  it  down  by  several  witnesses, 
Wright,  Harder,  and  others;  that  this  Po*- 
landtr  canK  OYer,  a»  it  happened,  on  the  Fri- 


71]      STATETRIALS,  54Chablk8  II.  l662.r*7Ka/ 1^  CbMl  Cfinkigmm-k      [ff 

4ay,  (which  »  a  thing  comes  mighty  dose) 
npoa  the  Siitarday  he  is  proviiled  \nm  a  coat 
and  a  .sword ;  oa  the  Sunday  he  committed 
this  inhaman  bloody  fact.  Now,  it  is  a  mighty 
unfortunate  circumstauce  upon  this  lord,  that 
this  should  be  a  man  whom  my  loi-d  Coniugs- 
mark  should  be  so  Tery  much  concerned  ibr, 
that  because  he  was  not  come,  he  should  be 
afraid  he  had  miscarried  in  the  weather;  to 
ihat  his  answer  was  this,  that  he  was  sent  for 
cnrer  by  liim  to  look  after  his  horses,  and  he 
liad  c(imc  a  great  deal  sooner,  if  it  had  not 
beett  ibr  the  storsny  weather.  But,  yoar  lord- 
ship observes,  that  it  was  not  above  three  or 
four  months  before,  and  then  by  -his  own  shew- 
ing tlie  biuiiness  of  Mr.  Tfaynn,  and  his  mar- 
riage with  my  lady  Ogie  was  talked  of  far  and 
near ;  and  so,  my  ioriC  it  makes  tlie  sui^Mcion 
of  the  malice  the  greater,  that  he  who  has 
done  this  bloody  murder,  and  has  been  so  much 
under  the  command  of  (bis  lord's  family,  that 
he  should  come  but  two  days  before,  aitd  tite 
count  provide  him  with  a  wword  that  very  day, 
and  then  tiiat  letter  from  captain  Vratz  to  Dr 
Harder,  which  he  carried  to  dhe  count,  and  the 
count  ituifl,  but  of  which  he  can  tell  you  none 
of  the  contents;  that  speaks  something  in  re- 
gard when  the  doctor  went  away,  this  iV>lander 
was  sent  to  the  captain  by  the  doctor ;  bat 
this  is  certain,  however,,  tnere  was  a  sword 
that  was  brought  by  the  cutter,  that  sword  was 
oairied  up  to  the  count's  chamber,  that  sword 
was  deliyeied  afterwards  to  the  Polauder ;  for 
he  had  it  on  the  Hunday  morning  when  he 
went  away  with  the  boots  under  his  arm,  and 
the  campaisp)  coat  upon  his  back,  with  a  buff- 
coat  under  it ;  and  he  went  out,  aitd  never  re- 
turned till  the  iiftct  %va8  committed. 

I  say,  ray  lord,  it  canies  a  vehement  suspi- 
cion, that  he  was  privy  to  this  murder,  because 
this  was  a  servant  at  his  devotion,  and  your 
lonlship  and  the  jury  see  what  kind  of  a  crea- 
ture he  is,  likely  to  io  any  thing,  being  at  the 
command  of  so  great  a  person. 

•But  then,  my  lord,  to  come  closer  to  the 
Cftitter,  (for  I  will  only  repeat  that  which  is 
most  material)  tliere  is  the  evidence  of  the 
boy,  who  I  must  say,  tells  you  a  very  sensible 
story;  he  tells  you  upon  what  account  he 
came  to  him,  that  he  was  there  ten  days  before 
the  murder  was  committed;  he  swears  ex- 
nressly,  that  the  Polander  lay  there  the  night 
before,  was  there  that  morning,  went  away 
with  the  sword,  and  Dr.  Haider  with  him ; 
that  this  murder  was  committed  about  eight 
O'elock  at  night,  that  captain  Vratz  came 
buKtlinjj  into  the  cotmt's  lodgingn,  where  he 
lay  concealed,  and  the  boy,  by  airreement,  fee- 
ing to  »;'o  home  every  night,  staid  tUl  half  an 
hour  past  nine,  and  leil  the  captain  there  at 
that  tmie,  and  the  captain  had  been  there  m 
the  morning. 

My  lord,  surely  it  is  a  strange  thing,  and 
much  to  be  wondered  at,  that  the  captain,  who 
had  tlie  manajfement  of  this  murder,  had  no 
wbei^e  to  go  ibr  a  refuge,  but  to  his  patron 
my  lor*  ConiBgmnvk»  re^mg  hot  witli  Mr. 


Tbytm's  Mood,  when  ilie  blow  Was  giveo^ 
within  an  hour  after  the  murder  ^mmitted, 
(for  so  the  boy  swears  emrcssly,  ibr  the  ■blow 
was  given  at  eight  o'clock)  stni  alterwardafae 
went  to  the  doctor's  to  bed,  abfiot  ten  o'ckick 
at  nigiit,  as  the  doctor  hath  confessed ;  1  take 
that  for  a  mighty  evidence.  And  then^  mkf 
lord,  upon  the  Monday  morning,  when  the 
boy  comes  in,  the  count  asks  faim.  What  wae 
the  matter  with  tlie  bustle  in  the  street  the  last 
night  ?  Will  any  man  in  England  believe,  but 
that  he  had  had  earUer  uewy  of  it?  And  §uf 
what  reason  should  he  ask  the  question,  if  Mr« 
Hanson  speaks  true,  who  brought  the  news  in 
from  Whttebali  ? 

But  tiie  great  question  that  we  nwnder  should 
be  asked  the  boy,  is  what  Mr.  Thynn  was  P 
Which  certainly  was  a  very  odd  expression,  if 
we  consider  what  Mr.  Hanson  says.  That  the 
count  had  mentioned  him  in  his  discourse,  sod 
my  lady  Ogie  too.  One  of  the  count's  answers 
was,  It  could  not  be  imagined  that  he  could 
speak  io  a  scullion-boy  ;  but  you  see  the  boy 
swears  it,  and  tells  it  so,  as  that  it  is  rery 
probable. 

We  now  come,  my  lord,  to  give  an  aeosuot  of 
hb  flight 

The  fother  of  the  boy  comes  in  the  nmminr  i 
and  I  would  observe,  though  be  pretended  bis 
business  and  bis  distemper  brought  bim  over, 
and  that  be  was  ill  and  under  cure ;  yet  tbts 
matter  made  the  place  too  hot  to  hold  bim  ;  sUi^ 
here  he  durst  not ;  immediately  be  forgot  bis 
physician's  prescriptions,  and  gave  order  to  bis 
man  to  send  awa)r  nis  things.  Then  the  boy's 
fotlier  was  sent  for,  and  me  portraantles  are  . 
siven  him,  and  he  is  told  my  Imd  was  going  ti^ 
Windsor ;  but  when  he  came  to  Cbaring«Cross 
the  things  are  put  into  a  coach  in  the  Strand, 
and  from  thencs  they  went  for  Rotberhitfa. 

Then  came  the  man  at  whose  house  he  lay» 
and  he  was  a  Swede,  and  by  the  way  I  "would 
observe,  the  wlmesses  are  most  of  them  my 
lord's  own  friends,  unwilling  to  tell  the  truth 
until  we  get  it  (and  that  very  nardly )  from  them. 
This  man  was  very  unwilling  to  tell  bis  know* 
ledge,  but  begot  him  the  clothes,  which  dothes, 
by  the  bulk  ot  the  man,  one  wouUl  think  would 
hardly  fit  the  count .:  but  the  more  he  was  dis* 
guised,  the  more  was*  his  security  ;  and  wheu 
he  was  asked  this  question,  why  ne  desired  to 
have  these  clothes  to  secure  him  ?  He  said  at 
last.  It  was  to  prevent  trouble.        ' 

Now  let  us  consider,  my  lord,  whether  tbd 
count  has  given  any  answer  lb  that.  Mylord| 
there  is  nothing  in  what  he  said,  under  pardon. 
He  says,  he  went  away,  because  he  was  afraid 
the  people  would  tear  him  in  pieces,  before  he 
could  justify  himself.  If  be  were  innocent,  hs 
knew  where  to  go  to  be  secure  irAm  any  hurt 
iVom  the  people ;  he  might  have  applied  bim« 
self  to  your  lordship,  or  to  any  other  magis* 
trate.  He  is  so  ingenious  he  could  not  but 
know  he  might  have  protected  himself  undef 
the  government,  which  protects  and  secures 
say  man  whatsoever  if  he  be  innoemt. 

I  bavs  these  two  tbiogv  neoe  to  mcntiaB^ 


fi]         STATiE  T&IALi,  34  CJKA&LES  IL  iCBe^P-^Mdr  Marfjwr  Bturdtr.         {JA 


«dllM«itkrilfeNnieilto  your  tocUiip,  «bi* 
thejiuj  ;  anrf  oba  w  liie  eridpMf  of  Mr.  Gib" 
kMis,aiidJllr.  Sid. 

Mr.  Kid  girc^  tkA  vtoh  to  ase  k  a  reiy 
Material  efidence  at*  wiiat  |ttawl  ^en  they 
idzeii  him :  as  they  weraooming  up  the  river, 
the  coant  airiai  him,  whelher  ttaw  were. any 
gaod  Mgin^  in  l^ewgale  ?  and  pai$ieidaiiy 
opraasad  Ihs  cave  af  tlw  ca^itaiD,  to  ask  wbe- 
Iharhe  were  wcU  lodged.  Aadwheahewae 
Irid  tfiat  Ibe  Palander  had«OB&Ked,  he  nys  he 
wenwd  od  the  sudden  4o  be  vary  MMch  een- 
CRved,  bit  his  <doAeS|  and  threw  hi^tisflf  along 
witfi  aoioe  agony.  My  ierd,  «d  iauocent  man 
seeded  not  to  use  any  such  actions. 

Then  onics  Mr.  Gibbons,  n^o  was  mry  in- 
itnunental  in  tiie  puisuiag  of'  him,  and  is  known 
to  be  an  banest  man,  he  gi^os  lAiis  avidenoe, 
tbit  when  diere  was  a  osoourse  about  Mr. 
lliynn,  an4  his  old  master  die  duke  of  Mon- 
mouth, the  ooont,  presently  replied,  they  meant 
to  bare  done  die  dake  of  Monmou^  no  harm  ; 
and  waHring  about  the  room  on  a  sudden,  burst 
oat  into  this  expression,  This  is  a  stain  upon 
my  blood,  but  one  good  action  in  the  wars,  or 
Issging  npoa  a  counterscarp  will  wash  it  all 
away. 

^ow,  ny  lord,  as  to  what  he  answers  to  this, 
I  lay  any  bmb  may  make  that  evasion  which 
b»Wb«ddekcuseit  by,  to  say  that  the  accusa- 
tion ii  a  scandal  or  a  slain,  may  be  worse  than 
the  guilt  of  the  action ;  buUyour  lordship  and 
Aejary  see  iMainlv,  if  so  be  the  thoughts  of  a 
nan's  own  ieartlte  that  he  is  Guilty,  it  will 
break  oat  some  way  or  oUier.  These  things 
1  only  repeat,  I  leave  thcMi  to  the  consideration 
sf  the  jury. 

But  when  I  have  said  ^is,  there  is  ene  thing 
■lore,  and  timt  is,  above  aU,  relating  to  the 
captain  :  says  Mr.  Gibbons,  I  did  not  know 
tbat  the  oafjtsin  had  con^sed,  but  1  did  ven- 
ture to  say  he  had  ;  but  the  count  replied  he 
M  not  l>elieve  the   captain  had  confessed. 
My  tard,  yon  see  how  the  captain  appears 
bme  you,  and  if  the  count  wiH  take  upon  bim 
tossy,  he  does  not  believe  the  captain  would  coo  • 
^ ;  it  dotb  strongly  argue  he  knew  as  much  of 
Ibeeaplaifi'a  mind  as  he  himself.  Then  look  upon 
tbe  resolute  behaviour  of  the  captain,  the  fa- 
■uiiarity  he  Kved  in  with  the  count,  that  he  had 
ibvaysbeena  dep^damt  upon  his  family,  it 
•bewi  some  reason  for  bis  assurance  of  secrecy 
ftom  the  captain,  l^iathe  would  not  confess  the 
SBtbor  of  this  most  notorious  murder,  and  it 
hea  heavy  upon  him.     My  lord,  I  look  upon 
IbediflCGvery  of  fiiis  as  a  very  miraculous  thing ; 
sad  pray  consider,  gentlemen,  where  shall  a 
nongo  to  settle  his  thoughts  i»r  the  original 
besueas  ?  I>o  you  (or  can  you)  think  it  was 
ke^oD,  invented  and  contrived  by  yonder  three 
BMn  ^  To  what  end  or  purpose,  or  for  what  ad- 
vaatitfeto  them  ?  you  nave  heard  the  evidence 
••£  ihave  repeated  to  you  ;  you  hfiv^  heard 
^^tbis  lord  has  said  for  himself ;  how  Ik  has 
M,  and  what  has  been  done.    My  lord,  I 
^Bot  use  any  thing  of  argnment  to  persnade 
"^J^ ;  bHtleamiotdKiie  but  say,  we  kaoir 


no  w&aictD  fo4br  4^  asdhor  of  dhts  vittulMNih 
f^uot,  usr  wbsm  to  aBouse  as  4he  mme  -oan*^ 
trivar,  hut  ibis  ooont  befoM  yau.  I  pray  4ie 
God  of  Heaven  to  direot  yon  in  your  en-'. 
qairy ;  and  if  I  have  said  any  thing  aDnas, 
I  hi^  yoar  pardon  for  it. 

[Then  a  great  ahou)  was  made»  which  the 
court  rebuked  tbepeople  for.] 

Mr.  Wmi«mi$,  My  kMrd,  I  did  not  thiidc  to 
have  aaid  ai^  thing  more  in  this  case  ;  but  I 
mnsterave  yo«r  lorasbip's  and  the  jury's  pali- 
enoa  for  a  few  words.  As  for  jhe  three  persons 
at  the  bar  (the  Pole,  the  Captain,  and  the 
Lieatenant)  it  is,  gentlemen,  very  notorious 
they  aie  g^nltjr  m  this  most  hellish  mur- 
der. But  all  the  labour  and  difficulty  of  thia 
matter  is,  haw  iar  tiiis  ooont  is  Guilty  or  Not 
Guilty. 

Ptb^,  gantkmen,  do  hut  afiserve  tiie  nateie 
of  this  crime,  and  the  manner  of  our  evidence 
that  has  been  g[iven  you.  The  crime  he  is  ac- 
ouaed  of|  is,  ibrbemg  acceaaary  to  a  witfhl 
murder:  accessary  tefore  the  fact;  contri- 
ving of  it,  and  laymg  the  train,  whidi  these 
nereons  wai«  made  use  of  to  fire.  This 
being  so,  it  is  almost  impossible  to  give  you 
that  dear  ttgbt  and  pregnant  proof  against  an 
accessary,  as  against  the  principals.  The 
principal  is  he  that  doth  the  fact;  that  is 
notorious  and  open.  Ilie  accessary  is  the  per* 
son  that  prepares  the  scheme,  contrives  the 
management,  first  setsthe  wheel  on  wciric,  gives 
the  necessary  instructions,  who  lies  behind  the 
I  curtain.  Now,  considering  that,  and  the  nature 
'  of  the  thing,  it  is  impossibly  to  nve  a  dearer 
evidence  than  what  you  hat«  had. 

Pray,  gentlemen,  do  but  first  consider  who 
hath  been  the  privadees  and  the  intimates  itf* 
tllis  count,  with  whom  he  has  had  conference 
since  he  came  into  England,  Hanson  and  Dr, 
Frederidc,  who  are  brought  as  witnessea 
(though  unwilling  ones)  against  him :  the  boy 
that  was  employ^  by  him ;  he  is  in  no  other 
hands ;  I  cannot  bear  he  was  amon^  any  other 
persons  but  these,  and  captain  Vratz,  and  the 
Polander.  These  are  his  company,  and  those 
alone  with  whom  he  had  conversation.  Now, 
gentlemen,  that  we  should  be  abl^  to  produce 
Siese  very  men  (that  were  his  only  companions} 
i^inst  him  as  witeesses,  is  a  mighty  things 
considering  the  privacy  he  lay  in. 

As  for  Vrats,  his  most  intimate  privado,  he 
easneover  with  him  into  England,  liw'd  arith 
him  in  his  first  lodging,  and  was  ooutinuallj^ 
with  him  dnring  his  utay.  8o  then,  W  hat  can 
we  oqiect  about  this  man,  gentlemen,  when  he 
had  laid  his  design  with  all  the  privacy  he 
could,  would  have  as  little  conversation  with 
Englishmen  as  he  joould.  It  was  very  craftily 
laid,  that  h?  would  converae  with  none  but  those 
that  were  privy  to  his  design ,  or  had  an  'han<t 
in  it  in  a  ^eat  measure.  'Then  pray  considet 
how  it  was  carried  oo,  gentlemen;  Vrata^ 
who  was  the  great  commander,  and  the  Po- 
lande)r,  who  was  the  immediate  actor  In  it,  bad 
been  his  oimsefTanls.    TratSi  Isay^hehadft 


7i]     STATE  TRIALS,  34  Cbahles  II.  i6Sfi.'^T)rial  of  Count  Comngsmurk      [76 


great  confideaoe  in ;  he  came  orer  vrbik  him ; 
and  will  not  ta^  man  believe,  tlutt  this  man» 
who  eat  of  his  mread,  who  lay  in  his  family, 
was  a  likely  man  to  do  this  for  his  sake,  that 
thus  cherished  him  ?  For  whose  sake,  pray, 
can  it  be  thought  to  be?  Not  for  his  own 
sake ;  for  the  captain  tells  yon  he  never  had 
any  communication  or  conversation  with  this 
nnhappy  gentleman,  Mr.  Thynn.  So  tiiat  if  it 
w^  as  they  Would  have  it,  that  they  did  it  out 
of  respect  to  this  count,  who  was  thecaptain^s 
friend,  it  will  turn  upon  the  same  point,  and 
confirm  the  suspicion.  Why  should  tibe  Po- 
lander  do  it,  if  he  had  no  reason  to  do  it  upon 
his  bwn  account  ?  For  he  never  saw  the  face 
of  Mr.  Thynn,  but  was  brought  hood-winked, 
in  a  manner,  to  the  fact 

Therefore  whether  it  were  not  done  for  his 
sake,  is  that  which  you  are  to  consider ;  and  as 
a  proof  that  for  the  count  it  was  done.  I  shall 
nitch  upon  one  circumstance  that  will  bring  it 
,  nome  to  his  door,  and  that  is,  the  evidence  of 
llanson,  his  brother's  tutor :  And,  by  the  way, 
I  cannot  but  repeat  it,  that  this  thread  goes 
through  all  the  cloth,  we  have  no  witnesses -but 
those  of  his  own  faniiliar  acquaintance  and  de- 
pendance.  Now  Hanson  has  (though  very 
shufflingly)  told  you,  the  count  and  he  iiad 
some  discourse  about  my  lady  Ogle;  and 
though  we  cannot  come  to  know  all  the  drcum- 
stances,  yet  he  does  acknowledge  so  much,  as 
that  there  was  mention  made  of  requiring  satis- 
fiiction  of  Mr.  Thynn,  or  some  account  of  him, 
and  what  might  be  the  consequences  of  the 
laws  of  Engluid,  in  reference  to  my  lady  Ogle, 
in  case  he  should  call  him  to  account.  So  far 
be  is  plam,  though  he  will  not  tell  what  the 
discourse  was  ;  that  there  was  a  discourse  of 
my  lady  O^le,  of  Mr.  Thynn,  of  askbg  satis- 
&ction  of  Mr.  Thynn,  or  calling  him  to  ac- 
count, and  what  the  consequences  m  law  might 
be.  And  pray,  gentlemen,  observe,  being  to 
take  advice  about  this  matter,  they  would  not 
consult  an  English  lawyer,  though  I  see  one 
behind  him  now,  but  a  foreigner,  the  Swedi^ 
a^nt ;  not  ask  the  opinion^  one  man  of  this 
kmgdom.  And  then  he  gives  you  a  mighty 
reason  for  it,  That  the  Swedish  rendentknew 
reiy  well  how  to  advise  him  in'this  affair,  l>e- 
cause  he  had  lived  in  England  about  19  years: 
80  that  aU  his  acquaintance  and  friends,  the 
managers  of  the  business,  and  those  consulted 
with  about  it,  all  outlandishmen;  I  cannot  say 
they  are  all  guilty,  but  I  will  say  this  makes 
our  proof  more  difficult. 

Gentlemen,  This  being  taken  notice  of  as  a 
DUghW  circumstance,  I  woukl  bring  it  a  little 
mort  home  to  this  gentleman,  whom  we  accuse 
as  accessary  belhre  the  ftMt.  Pray  consider  how 
all  along  he  ky  skulking,  and  hiding  himself  in 
disguise,  and  shifting  his  lodging  from  place  to 
place.  I  need  not  repeat  it,  nut  I  would  desire 
you  to  think  of  what  was  concurrent  with  that 
▼ery  day,  and,  as  it  were,  concomitant  with 
the  very  murder,  and  that  will  appear  to  be 
sufficient  to  satisfy  any  rational  man.  We 
u%  Bot  pickii^  up  an  evidence  upon  flying 


vol 
his 

nai 


woads,  or  nnconclndingf  circomstances,  but  we 
offer  fads  to  you,  the  facts  ai-e  to  guide  yeu, 

ou  being  to  compare  facts  with  facts.    As  to 

lurking  and  hiding,  this  gentleman  gives 

u  no  manner  of  rational  account,  that  he 

ad  any  business  with  any  man  in  England 
that  should  occasion  his  lying*  private ;  but  only 
he  tells  you,  he  laboured  under  a  distemper 
that  he  would  not  have  discovered ;  and  yet 
take  him  in  that  very  distemper,  and  in  tha 
process  of  his  cure,  as  soon  as  this  fact  is  over, 
the  next  morning  he  values  neither  his  disease 
nor  his  physic,  hut  goes  bv  water,  and  made  an 
attempt  to  fly  abroad,  nill  any  understand- 
ing man  believe  that  he  came  privately  into 
England,  that  he  lay  skulkin^^  here,  that  he 
made  use  of  another  name,  and  other  clothes, 
that  he  should  do  all  these  thinga,  and  rnn 
away  so  immediately  after  the  fact  was  done, 
and  all  only  because  of  a  little  distemper  of 
spots  on  his  breast  ? 

But  then»  says  he,  it  was  reported  in  the 
world,  and  told  him  the  next  morning,  that  the 

Sople,  the  rabble,  would  tear  him  in  pieces. 
e  was  asked  where  he  had  this  report,  and  he 
brought  up  a  taylor,  and  depended  mightily 
upon  it,  but  the  taylor  denied  it ;  and,  gentle- 
men, he  that  &ils  in  one  thing  he  says,  is  not 
to  be  credited  in  another  without  g^ood  proof, 
lie  fs&ys,  that  he  said  no  such  thing,  so  that, 
eentlemen,  this  fictitious  aigument  of  his  fear 
Sills  to  the  ground. 

Then  ol»erve  what  fiiDows  upon  this  vil- 
lainous fiict ;  he  flies  away  privateiv,  he  goes  to 
a  Swedish  house  at  Rotnerhith,  from  thence 
by  a  Swede  he  must  be  put  into  a  sculler,  and 
that  sculler  must  be  towing  of  him.  for  several 
days  together,  till  he  come  to  Graveeend,  from 
whence  he  was  to  have  gone  over  sea.  Pray 
lay  all  this  together,  and  weigh  it  well,  and  see 
if  you  can  imacine  any  other  reason  for  it  ally 
than  what  we  tOled^. 

I  would  observe  it  to  you,  Gentlemen,  and 
pray  think  of  it,  what  the  count  has  said  to 
you  in  his  own  defence  in  so  many  languages, 
without  proof,  must  pass  for  nothing.  The 
court  has  had  a  great  deal  of  patience  to  bear 
him,  and  shewn  him  a  great  deal  of  fiivour  in 
permitting  it ;  but  without  proof,  I  say,  it  all 
passeth  for  nothing.  And  wnat  proof  he  hath 
made  of  it,  I  must  submit  to  you  ;  for  I  will 
not  spend  your  time  in  running  into  particu- 
lars :  And  where  be  has  proved  any  thing, 
pray  compare  facts  with  fiicts,  especially  that 
concerning  the  captain  Vratz,  which  is  not,  in 
my  opinion,  to  be  answered;  that  be  lived 
with  nim,  that  be  should  be  with  him  on  the 
Sunday  miming,  that  in  the  evening  he  should 
come  thither  a^n  after  the  fact  done«  that  be 
should  be  left  m  his  chamber,  and  continue  in 
the  house  so  long.  Will  any  one  believe,  that 
when  Vratz  eame  over  with  the  count  from 
abroad,  ktdged  widi  him  here,  viras  every  day 
with  hihi  in  ^miliar  conversation,  should  come 
that  morning  before,  and  in  the  evening  im<) 
mediately  aner,  and  stay  with  him  so  long, 
and  yet  ma  oount  be  innooeDt  ?  N»y»  will  ail 


uiy  man  rttber  absolutely  conclude  him  an  ac- 
teesaryiQ  themuxder? 

Th^  gentlemeti,  take  into  consideratioD  his 
ffighl,  and  endeaToms  to  escape  out  of  the 
hands  of  justice  ;  if  there  were  no  more,  that 
is  a  great  ev^idence  of  his  guilt,  hot  you  have 
much  more,  and  as  strong  as  you  can  desire  or 
expect.  He  says  he  was  afraid  of  the  people ; 
al^ !  he  needed  not  to  fear  that,  he  finds  a 
Tery  f»xr  and  generoos  treatment  here;  he 
knew  the  temper  of  our  English  nation  well 
CDoagfa,  to  know  they  do  not  presently  fly  in 
BMo's  faces  ;  and  he  could  not  but  know,  he 
m^lit,  without  danger,  resign  himself  up  to 
Ike  law  if  he  were  innocent. 

Gentlemen,  we  have  given  you  a  fair  and 
MlerideDoe;  we  have  offered  you  sufficient 
proof  in  iiiet,  and  have  offered  no  shams  to 
yon  ;  and  I  do  not  doubt  but  you  will  do  right 
to  the  honour  of  England,  and  the  justice  of 
the  natimi,  which  are  deeply  concerned  in  this 


U J        STATE  TRULS,  34  CttABtBS  II.  1  (J8t.— jwrf  othenjcr  Murder.        [7$ 

with  a  murderooti  mtent,  and  a  murder  followed. 
And  I  must  declare  this  for  law  to  you,  that 
this  is  murder  in  them  all,  if  you  believe  them- 
selves ;  so  that  I  think  there  is  little,  very  littio 
for  you  to  consider  conceroiuff  these  three 
men,  but  according  to  what  they  have  acknow- 
ledjfed  of  themselyes  both  before  the  council^ 
and  here  likewise  in  your  own  presence,  thej 
seem  all  to  be  guilty  of  this  murder. 

The  more  doubtful  question  is  concerning' 
count  Coningsmark,  that  stands  here  befbra 
you,  for  he  was  not  at  the  murder,  nor  is  h% 
charged  as  principal ;  and  the  question  will  ba 
as  to  him,  Whether  he  commanded,  or  gave 
any  authorityor  directed  to  have  this  murder 
committed  ?  That  is  the  thing  that  is  now 
charged  upon  him,  and  without  that,  he  cannot 
be  accessory  in  tins  case. 

Now,  gentlemen,  you  must  connder  as  to  % 
that,  several  things  are  certain  and  positive  ; 
That  this  Pobmder  was  once  his  servant ;  that 
he  was  brought  over  from  beyond  sea  by  his 
order;  That  he  was  given  by  him  to  captain 
Vratz  ;  That  Vratz  was  his  gi-eat  acquaintance^ 
and  lay  in  his  lodgii^  some  time,  though  not 
at  this  very  time.  These  things  are  plain  : 
Now  what  answer  is  given  to  thu  ?  You  hear 
he  says,  the  Polander  was  taken  for  him,  and 
hired  as  a  servant  beyond  seas,  knowing  that 
he  had  skill  in  horses  ;  and  the  count  having 
remitted  money  to  buy  horses,  he  was  willing 
to  have  him  manage  the  horses,  and  to  bava 
his  judgment  in  them,  and  sent  for  hhn  threa 
months  before  for  that  purpose,  and  that  ka 
came  for  that  purpose  ;  bat  knowing  that  the 
occasion  for  which  he  was  to  buyhishorsea 
was  past  over,  there  being  like  to  be  no  war, 
and  therefore  there  would  be  occasion  for 
horees,  he  was  willing  to  part  with  the  Po- 
lander, as  he  says,  is  usual  for  persons  of  qua- 
hty  in  his  countiy  to  do  upon  such  occasions,  to 

five  their  servants  to  one  another ;  and  8a» 
avioj^  cloathed  him  fint,  he  gave  him  to 
captoin  Vratz :  And  yon  hear  how  mvt€k  aC 
this  is  made  good  by  witnesses,  and  how  far 
this  IS  satis&ctory  to  you  as  an  eicine  and 
reason  for  this,  I  leave  to  you. 

There  is  mdte  too  that  is  very  plain :  H  m 
apparent  that  the  count  bid  him  come  to  bia 
lodging  afW  this  murder  was  committed. 
According  to  the  calculation  of  the  time,  it 
must  he  after  the  murder,  for  that  was  about 
eight  o'clock,  and  he  was  there  about  nine. 
You  hear  what  answer  the  count  gives  to  that ; 
that  he  came  as  formerly  he  had  done,  ha 
knowing  nothmg  of  this,  nor  of  Mr.  Thynn'a 
murder,  and  that  he  did  not  sp^  to  him  con- 
cerning it. 

The  next  thmg,  gentlemen,  is,  it  is  plain 
the  count  did  lie  private  when  he  came  to 

Sngland ;  uid  he  tells  you  (he  brings  tfaa 
octor  to  witness  it)  his  occasion  of  priyacy 
was,  because  he  had  a  sickness,  which  he  waa 
loth  should  be  known,  having  been  foi:merlj 
in  splendor  in  Ep^land  ;  but  now  without  has 
eqmpage,  he  would  not  publidy  appear ;  and 
he  was  afiraid*  |f  he  appeared  in  oompanyi  ha 


^Then  there  was  a  great  noise  made.] 

X.  C  J.  Look  you,  gentlemen,  the  counsel 
Ibr  the  king*  have  been  very  large  in  the  re- 
peating of  the  evidence,  therefore  you  must 
not  ezp|ect  from  me,  that  I  should  go  over  it 
again  in  the  same  method  that  uiey  have 
done.  I  will  duect  you  a  tittle  as  to  some 
points  in  law,  as  to  this  case :  Here  is,  as  they 
tefi  you  truly,  a  murder  as  horrid  and  barba- 
reus  as  peradventure  can  be  committed  upon 
any  solyect.  It  is  a  murder  of  a  very  bad  na- 
ture, so  that  the  rejieating  of  it  is  enough  to 
make  all  men  abhor  it ;  it  needs  no  ajsfgprava- 
tioD,  it  la  in  its  own  nature  so  veiy  barbarous  ; 
and  those  {gentlemen  that  had  a  hand  in  it, 
must  certaroly  needs  be  ashamed,  and  look 
apon  themselves  as  not  fit  to  be  accounted  men, 
whoever  they  be.  that  had  any  hand  in  it,  so 
barbarous  and  inhuman,  and  base  in  its  own  na- 
tore,  and  so  unwoithy  of  a  man. 

I  must  tdl  you,  gentlemen,  when  one  man 
shoots  another,  and  two  are  with  him,  tiiough 
they  do  nothing  bat  come  on  purpose  to  coun- 
tenance that  evil  fact,  that  is  murder  in  them 
all ;  aU  that  were  present  are  guilty  whenever 
•ocb  an  act  is  done :  And  three  or  four  coma 
together,  and  one  does  the  fact,  and  the  others 
stand  by  to  countenance  it,  whether  they  be 
there  to  bring  the  party  off,  or  to  animate  him, 
and  put  faim  into  a  condition  that  he  may  mur- 
der and  kin,  it  is  murder  in  all,  and  they  are  all 
asegnally  euilty  as  he  Uiat'  shot,  or  actually 
jsrethe  bfow. 

Now  as  to  these  three  persons  here,  the  Po- 
hader  that  shot,  Vratz  who  was  with  him  and 
stopped  the  coach,  and  Stem  that  was  by  with 
wm,  they  do  all  acknowledge  themselves  to 
be  thane  at  thb  n^urder ;  theleast  they  say  for 
themsdves,  is,  that  they  came  to  countenance  a 
lichting-  with  Mr.  Thynn,  that  is  the  least  any 
of  diem  say;  for  captain  Vratz  makes  tibis  his 
«K08e,  that  he  intended  to  kill  him  (as  he  calls 
^  fiurH-,  andthe  others  were  to  stand  by  to  let 
kflimHatheh«8tof  it;  so.  that  they  aU  came 


79] 


"f  RIALS,  54  CHAttLfis  n.  iCSZ.'^IVial  0/  C&funt  CatUngstiUtrk     [80 


should  be  intioied  to  drink  high,  and  that  would 
veterd  his  cnre.  And  the  Doctor  tells  you,  he 
i^as  ander  his  hands  for  core  of  his  disease, 
'ivhich  WB»  somespots  upon  his  body. 

Itis^aintoo  ttiat  count  Coningsmark  did 
gO'  away  the  nett  mornings  after  he  had  heard 
«fthe  murder,  he  acknowledjfeth  it  himself ; 
toi*  that  he  did  conceal  himsdf  upon  the  water, 
and  was  taken  in  such  a  manner  as  the  wit> 
tIMnes  speak.  But  withal,  he  tells  you  the 
^ecasion  of  this  was,  a  stranger  here,  captain 
Vrttattm  he  beard,  was  accus^  for  the  murder, 
widsozed,  and  he  did  not  know  what  this  migfht 
•ceasion  to  him ;  how  the  common  peonle 
taig^  Ml  upon  a  stranger  that  was  of  that 
man's  acqaaintance ;  and  it  was  through  his 
Hear  of  the  people  Hest  they  should  Ml  upon 
him  before  heooulo  vindicate  himself)  that  he 
*  Withdrew  himself,  and  concealed  himself  in 
this  manDer.  As  it  was  told  you  fo^  the  counsel 
H;  was  an  unreasonable  fear  in  him,  for  there 
ii  no  such  disorderly  proceeding  (we  thank 
Sod)  in^Bngland ;  but  he  tells  you  he  was 
alhud  of  it ;'  and  if  he  were,  being  a  stranger, 
lie  might  not  know  our  constitution  so  well. 

But  f  most  tell  ymi  another  thing  for  law, 
ffentlemen,  which  was  urged  by  the  counsel 
mt  the  Idng.  Captain  Vratz  doth  say,  that  he, 
knowing  of  an  aflront  that  had  been  given  to 
the  count,  and  having  received  an  affront  him- 
telf,  he  did,  without  the  count's  knowledge, 
4o  this  murder,  for  revenge,  upon  Mr.  Thy  nn. 
It  has  been  said  by  the  counsel,  it  will  be  alt 
^ne  whetiier  it  were  with  the  knowledge  of 
•aunt  C^oningsmark,  or  not.  Now,  I  mu«3t 
tall  yon,  gentlemen,  the  law  is  not  so :  for  if 
4  gentleman  has  an  atfront  given  him  which  he 
4tes  aeem  to  resent,  if  any  of  his  servants  ofH- 
cioasly,  without  acquainting  him  with  it,  out 
ef  ttM-muoh  zeal,  and  too  forward  a  respect  to 
Aeir  master's  honour,  will  go  and  pistol  and 
kHI  kiffl  ttiatthey  ap|>rehend  has  affronted  their 
Mailer,  he  notlaiowing  of  it,  it  will  not  charge 
Aeiv  master  with  any  guik  at  all.  The  law, 
fMitlemeii,  is  noTso  aswusumd ;  for  ifit  were 
1lMio«C  ther  eount's  know)e<%e  and  direction, 
if  a  zealous  captain  has  gone  and  over-shot 
kidH#tt^  out  of  respect  to  fats  master's  honour, 
fpHea-  rMHyit  wii;»a  dishonour  to  himself,  and 
IH'IImI  were  acquainted  with  it,  this  cannot 
Be  mpmt  him  to  make  count  Couingsmark 
fciky.  But  it  liesupon  me  10  direct  you,  for 
sillarMap  yon  might  swidlowit  as  a  maxim,  to 
toflll  one  m  law,  which  it  is  not. 

So^Bt  it  win  return  to  this,  whether  here 
Iferany  proof  that  count  Coninsfsmark  did  con- 
iMI»tb>thi8-niurderv  or  any  ways*  countenance 
the  lulling  of  Mr.  Thynn,  or  command  any  of 
Hmm  persons' to 'do  it. 

Ibea4iyoii|  gentlemen,  thef«  are  some  sns- 
fMooa  speeeh^that  are  mentioned'  here  of 
m  coont's.  One  is,  that  the  boy  should  say 
Act  tiK  ooont  asked  him  whethtr  men  might 
Hie  in  Lond^m  on  Sundays?  You  hetfr  what 
AMwer  is  given  to  that  Hie  count  denifth 
>at  he  asked  any  such  question  :  and  to  shew 
vd  |iivveihat«uch«  question  ooidd  not  hkdy 

5 


be  asked,  be  toys  and  proves,  by  /RverM  per- 
sons, that  it  was  an  ordinary  thing  fM-  binwdf 
to  ride  on  Sundays  in  Hyde- Park,  belbre  this 
business  long. 

It  is  also  said,  that  when  he  was  tadceo,  he 
should  say,  that  he  did  believe  they  intended 
the  duke  of  Monmouth  no  hurt.  Now  that  he 
said'these  words  he  doth  not  here  deny  ;  but 
he  says  he  spoke  it  upon  the  common  report, 
that  these  men  had  watched  the  coach  till  they 
saw  his  grace  out  of  it,  and  then  they  do  thn 
villainy  ;  so  that  he  apprehended  the^^  had  no 
design  to  hurt  the  duke  at  all.  This  is  tl!ie 
answer  he  gives  ;  how  satisfkctory  it  is  I 
leave  it  to  you. 

Then  as  to  those  other  words  ;  that  it  would 
reflect  upon  his  family,  and  stain  his  b!ood  ^ 
but  he  presently  recollected  himself,  and  said, 
one  brave  action  in  the  wars,  or  lodging  upon  a 
counterscarp,  would  wash  it  ofp.  Y^u  heat 
what  he  says  to  that :  he  looked  upon  it  as  an 
injury  to  his  family,  and  it  woul'i  ht*  some 
stain  to  his  blood,  Uiat  be  should  be  accused 
of  so  base  and  unworthy  an  act ;  but  that  ac- 
cusation he  thought  misfht  be  washed'  off ;  and 
so,  though  he  were  mnocent,  it  might  be 
looked  upon  as  a  stain,  wbidi  a  hi-ave  beha^ 
viour  in  the  wars  would  wipe  off". 

Gentlemen,  thus,  as  near  as  I  ean,  I'  bare 
given  you  an  account  of  the  most  materiid 
mings  that  are  objected  against  him,  and  hik  • 
answers  to  them.  I  must  leave  it  to  you, 
whether  upon  the  evidence  which  you  have 
heard,  you  do  believe  that  this  murder  was  di« 
rected  or  countenanced  by  count  Coningtfmarte^ 
Ifit  were,  he  then  is  Guilty  as  accessory  be- 
fore, end  you  must  find  it ;  but  if  you  believe 
he  did  not  know  it  till  afler  the  murder  was 
done^  then  he  is  innocent;  and -you  must  atN}uit 
him.  And  upon  tlie  whole,  gentlfuien,  I 
must  leave  it  to  you. 

[Then,  it  being  late,  after  an  officer  was 
sworn  to  k^  the  jury,  the  Court  acyoumed 
for  a  while ;  and  in  an  half  an  hour  returned ; 
and  sent  for  the  jury,  who  came  in  and  answer- 
ing to  their  names,  gave  thib  verdict.] 

CL  of  Cr.  CSentlemen,  are  you  afi  agreed  of 
your  verdict  ?— Ototnet.  Vcs. 

CL  of  Cr.  Who  shall  say  for  you  ? 

Ofnnes,  Foreman. 

CL  qfCr,  George  Borosky,  alias  Bontzf, 
hold  up  thy  hand.  (Which  he  did.)  Look 
u^on  the  prisoner:  how  say  you?  1%  he  Guilty 
of  the  felony  and  morder  whereof  he  standa 
indicted,  or  Not  Guilty  ? 

Foreman,  Guilty. 

C/.  of  Cr.  What  goods  and  chattels,  lands 
and  tenements  ? 

Foreman.  Noneto  onrknowledgeu 

CL  ofCr.  Christopher  Vratz,  hold  un  thy 
hand— Is  he  Guilty,  ^c-^Bntman.  Guilty. 

CL  (fCr.  What  goods,  &c. 

Foreman.  None  to  our  knowledge. 

CL  ofCr.  John  Stem,  hold  up'  thy  band<-* 
Is  he  Guilty  or,  Scc.^ Foreman,  Gttnty. 

CL  of  Gr»  What  goods,  Sec. 


tl]         STAT£  trials,  34  CHARLfes  II.  \6S2.'^nd  others Jor  Murder.  *     [Sr 


Arenran.  None  to  our  knowledge. 

CLofCr.  CbarieB  John  Coningsmark,  hold 
1^  thy  hand,  (Miich  he  did.)  How  say  you, 
it  be  Guilty  of  the  felony  whereof  be  stands 
adicted  m  acoeasaryr  before,  or  wit  Guilty  ? 

fbreman.  NotGuihy. 

CoimtCoii.  God  bless  the  Idog  and  the  ho- 
imnblebenc^. 

CL  <f  Cr.  Then  hearicen  to  your  Terdiet  as 
die  Caurt-hath  recorded  it,  you  say  that  George 
BoHMky,  6cc.  and  so  yon  say  all. 

Tben  the  jury  was  dismissed,  and  the  Court 
oidered  a  recognizance  to  be  taken  from  Uie 
count,  with  three  sureties,  to  appear  the  next 
aesnons,  and  to  answer  any  appeal  if  brought ; 
arfter  which  the  judges  went  away,  anu  the 
Rconler,  with  the  lord  mayor  and  aldermen, 
Hayed  to  pronounce  sentence  on  the  convicted 
maJe&ctors. 

Cl.qfCr.  Keeper,  set  George  Borosky  .to 
tiie  bu-,  hold  np  thy  hand,  (which  he  did.) 
Thoa  standest  oouncSed  of  murder,  for  killing 
niOBiaa  Ttiynn,  esq.  what  canst  thou  say  for 
thyself  why  the  Court  should  not  give  judg- 
■CBt  upon  diee  to  die  according  to  law  ? 

InlerprHer.  He  says,  he  prays  God  to  have 
■wtcy  upon  him. 

C/.  <^  Cr.  Tie  him  up.  Set  Christopher 
Tnistothebar. 

Imterpreter,  He  says  he  hears  lie  is  con- 
demned, bat  he  was  nerer  rightly  examined, 
nor  fiiirly  tried.* 

C/.  afCr.  Set  John  Stem  to  the  bar. 

Intervreter,  He  says  he  did  it  for  the  cap- 
tain's sake,  he  went  as  a  second  along  with  him. 

Then  the  prisoners  being  tied  all  up  by  the 
csDBCiitioiier,  prodaroation  was  made  for  silence, 
dunng  the  pronouncing  of  the  sentence. 

Mr.  JRitcorder.  You  the  prisoners  at  the  bar, 
Geoige  Boiosky,  Cbristopoer  Vratz,  and  John 
SleiB,  yoa  have  been  all  mdicteii  for  the 
■nnderof  a  gentleman  of  great  quality,  Mr. 
Hi^ii ;  a  great,  and  heinous,  and  a  crying 
erime,  that  crits  aloud  for  vengeance :  you 
hare  been  hroo^bt  to  your  trial,  and  trieil  in- 
^fferently  by  a  lury  not  consisting  only  of  the 
countrymen  of  the  party  slain,  but  compounded 
of  Ibrogners  and  freeholders  of  the  county 
too.  These  impartial  men  have  found  you 
Gotl^,  and  indeed  the  plainness  of  your  guilt 
b  such,  that  you  yourselves  have  acknow- 
le(%ed  yourselves  Guilty.  For  when  you  were 
tfiprehended,  your  ffuilt  did  so  stare  in  your 
BO»,  and  yon  could  give  so  little  an  account 
bow  you  faiad  bestow^  that  time  wherein  he 
was  mardered,  that  you  were  forced  to  confess 
your  interest  in  the  nict. 

It  is  omr  duty  to  pronounce  the  sentence  of 

*  ^  This  was  because  when  the  evidence  for 
Aeldng  was  finished,  he  was  never  asked  what 
he  had  to  say  for  himself,  which  ought  to  have 
haeo  done,  as  is  usual  in  all  cases,  but  is  not  un- 
fikdr  the  Court  were  apprehensive  he  mi^ht 
Hy  tap  giiih  on  tb^  Gowit"    Fonn^  Edition. 

you  «. 


the  law  against  you  upon  this  conviction ;  but 
it  is  also  our  usage  to  open  the  nature  of  tho 
crime  for  which  the  convicted  person  is  to  suf- 
fer death,  for  the  conviction  of  the  offenders 
themselves.     Now  your  crime  is  one  of  the , 
deepest  die ;    it  is  the  wilful  shedding  of  inno-  • 
cent  blood,  to  which  you  could  be  Fi^d  by  no- 
thing but  what  you  are  charged  with  in  the 
indictment,  the  motion  and  seduction  of  the- 
devil.    This  crime  of  murder  is  put  into  the 
highest  and  foremost  rank.     When  God  him- 
seU*  had  given  laws  to  the  world  under  the  old 
administration,  after  tlie  coipmand  of  honour- 
ing father  and  mother,  in  the  next  place  he 
forbids  murtler.    This  crime  you-  have  com- 
mitted, and  that  with  the  most  aggravating 
circumstances  tliat  I  have  ever  kno^i'n  attend 
any  crime  of  this  nature.    It  was  committed 
upon  a  gentleman  of  great  quality,  that  was  so 
far  from  giving  you  any  provocation  to  it,  that 
you  acknowledge  yourselves  you  nc^er  had 
any  communication  with  him.     It  was  done 
upon  a  day  when  yon  ought  to  have  exercised 
and  busied  yourselves  in  acts  of  piety  and  reli-  • 
gious  worsdiip.      It  was  done  in  the  streets 
of  the  cit}-,  near  the  king's  royal  palace.     But 
the  g^reatest  cu'cunistance  of  all,  is  the  doing 
of  it  in  such  a  manner,  that  is,  it  was  done  by 
way-laying ;  a  sort  of  killing  the  most  unwor- 
thy, the  most  base,  and  the  most  ungenerous 
of  all  other.     For  that  it  gives  the  party  as- 
saulted no  liberty  for  any  prevention,  or  any 
defence  by  any  prudence  he  can  use ;  and  the 
consequence  of  it  is,  as  nmch  as  lies  in  the 
malefactor,  to  destroy  as  well  the  soul  as  the 
body  ;  by  sutji  an  insidious  murder,,  to  take  a 
man  out  of  tliis  life,  before  he  can  have  any  op- « 
portunity  to  prepare  for  anotlier  life.     There- 
fore in  our  public  solemn  prayei*s  in  our  church 
it  has  very  justly  and  worthily  been  made  part 
of  our  liturgy',  to  pray  to  be  delivered  from 
murder  and  sudden  death. 

You  that  are  strangers  in  this  country,  if 
you  had  been  tried  and  convicted  of  a  breach 
of  our  municipal  laws,  the  pecifliar  laws  of  this 
kingdom,  much  indulgence  mi^ht  be  shewn  ts 
you  because  of  your  little  acquaintance  with 'the 
Jaw.  But  that  is  not  your  case:  Your  offence 
is  a  transgression  against  the  law  of  God,  writ- 
ten in  large  characters  in  the  nature  of  man. 
It  is  against  the  laws  of  all  nations,  even  yonr 
own  country  from  whence  you  come,  and  any 
other  countiy  wherever  you  could  ^,  are 
severe  in  then*  laws  against  that  by  which  you 
have  broken  the  law  in  so  foul  a  fact.  The 
very  barbarians  could  say,  This  man  is  a  mur- 
therer,  and  divine  vengeance  will  not  suffer 
hun  to  live ;  so  that  they  all  think  the  divine 
vengi^nce  concerned  to  revenge  it. 

You  hare  slain  this  innocent  gentleman, 
which  is  but  a  smgle  distemper  as  it  conceitia 
him,  but  if  it  should  go  impunished,  it  would 
turn  to  a  pestilentialeontagion .  If  such  assas- 
sinations and  murders  of  persons  should  not  be 
severely  punished,  it  were  a  greater  woe  than 
ever  was  brought  UM&this  kingrdom.  There- 
fore it  is  thought  &  by  his  saajesty,  to  makt 

G 


fej]      8TATC  TllIALS,  54  Charles  II.  \6^2.^Trial  of  Count  Qfiting$mark     [8i 


Itis  justice  signal  and  exemplary  upon  those 
that  have  thus  basely  and  inhumanly  brou^e^ht 
themselves  under  the  censure  of  it.  That  when 
the  fame  of  this  barbarous  action  shall  go 
abroad,  his  justice  shall  also  be  celebrated  upon 
the  actors,  and  that  this  kingdom  is  maintained 
by  justice. 
'  I  have  but  one  thing  more  to  say  to  you, 
and  that  is  in  tenderness  to  you  yourselves. 
You  are  to  consider  that  you  are  to  receive 
another  judgment  than  that  you  will  be  con- 
demned by  uere,  and  that  you  may  be  pre- 
pared for  that  is  your  great  and  your  only 
care.  Now  it  is  repentance  that  is  the  only 
antidote  against  the  sting  of  death.  Yon  can- 
not be  fbuiid  innocent,  yourselves  acknowledge 
your  guilt ;  then  let  it  be  yotir  care  to  be  found 
penitent.  For  that  purpose  you  shall  have  the 
assistance  of  some  of  our  learned  divines  here, 
and  you  will  do  well  to  hearken  to  their  good 
counsels.  I  pray  God  you  may  submit  to  jus- 
tice patiently,  and  that  your  contrition  may  be 
correspondent  to  your  crime,  and  so  you  may 
obtain  pardon  and  everlasting  favour  from  God. 

It  remains  only  that  we  pass  the  sentence  of 
the  law  against  you,  which  is  thb: 

"  That  you  snail  go  firom  hence  to  the  place 
from  whence  you  came,  from  thence  to  the 
place  of  execution,  where  you  6haU  be  several- 
ly hanged  by  the  neck  until  you  be  dead  :  And 
the  Lord  have  mercy  upon  your  souls." 

Then  the  prisdners  were  carried  away,  and 
the  court  adjourned. 


On  the  10th  of  March  following  they  were 
all  three  executed,  according  to  the  Sentence, 
in  Palhnall,  in  the  same  place  vthfire  tbey  had 
committed  the  murder.  Stem  and  Bcirasky 
left  each  of  them  a  paper  signed  with  their  own 
hands.  Capt.  Vratz  would  make  no  Confession, 
but  persisted  in  denying  what  the  others  had 
owned ;  never  man  died  with  more  resolntion, 
and  less  siens  (^fear  or  disorder ;  his  carnage 
in  the  cart  Doth  as  h^e  was  led  along,  and  at 
the  place  of  execution,  was  aatonisnHig;  hm 
was  not  only  undaunted,  -but  looked  cheerfnl, 
and  smiled  often :  When  the  rope  was  put 
about  bis  neek  he  did  not  change  colour,  nor 
tremble,  bis  legs  were  firm  under  him ;  he 
looked  often  af^ut  on  those  who  stood  in  bal- 
conies, or  at  the  windows,  and  seemed  to  fix 
his  eyes  on  some  particular  persons  ;  three  or 
four  times  he  smiled ;  he  would  not  cover  lii^ 
face  as  the  rest  did,  but  continued  in  an  un- 
dauited  manner,  looking  up  to  .heav6n  with  a 
cheerfulness  in  his  countenance,  and  a  Utde 
motion  of  his  hands.  Being  ^ked,  if  he  hod 
any  thing  to  say  to  the  people,  he  said  no. 
When  they  had  stood  aboal:^  a  quarter  of  an 
hour  under  the  gibbet,  after,  they  had  heed  tied 
up,  they  were  f^ed,  when  they  would  giv* 
the  signal  for  being  turned  off ;  they  answered 
they  wei:e  ready ;  so  a  little,  while  after  1h« 
cart  was  driven  away ;  and  thus  they  ended 
their  lives.  Captain  Vratz  was  permitted  to 
he  buried,  but  Stera  and  Boroaky  w«re  hanged 
in  chains. 


The  Last  Confession,  Prayers,  and  Meditations  of  Lieutenant  Johk 
Stern,  delivered  by  him  on  the  Cart  immediately  before  his 
Execution,  to  Dr,  Burnet.  Together  with  the  Last  Confession 
of  Geouge  Boroskt,  signed  by  him  in  the  Prison,  and  sealed 
up  in  the  Lieutenant's  Packet.  With  which  ah  Account  is 
given  of  their  Deportment  both  in  the  Prison  and  at  the  place 
of  their  Execution,  which  was  in  Pali-Mall,  on  the  10th  of 
March,  in  the  same  place  in  which  they  had  murdered  Thomas 
Thynn,  esq.  the  1 2th  of  February  before,  1682.  Written  by 
Gilbert  Burnet,  D.  D.  and  Anthony  Horneck,  D.  D. 

An  AccouKT  of  the  Deportment  of  Captain 
Vratz,  Lieutenant  Stern,  and  Geoegb 
BoRosKT,  the  Murderers  of  Tho,  Thynn^ 
esq.  both  in  the  Prison^  and  at  their  jEse- 
culion, 

FOUR  days  after  the  barbarous  murder  of 
Mr.  Thynn,  which  filled  all  people's  minds 
with  a  jnst  horror  at  so  rile  and  inhuman  a 
fact,  I  was  desired  to  go  and  yisit  the  prisoners. 
I  carried  Dr.  Horneck  with  me,  because  I 
heard  that  Borosky  the  Polonian  spake  no 
other  lan^age  but  Polish  and  High  Dutch. 
We  waited  on  the  captain,  but  he  was  unwilling 
to  enter  into  much  discourse  with  us ;  and  ad- 


cooncil,  that  he  only  intended  to  fight  irith 
Mr.  Thynn,  and  that  the  Polonian  had  mistook 
his  orders  when  he  shot  him.  The  lieutenant 
said  at  first  nothing,  but  that  he  was  in  tht 
companjr  of  those  that  committed  the  fikct» 
without  intention  to  murder  any ;  and  if  for 
that  he  should  be  condemned  to  die,  then  said 
he,  «  Fiat  voluntas  tua,'  Thy  will  be  done. 
The  Pokmian  was  free  and  ingenuous  in  bii 
confesaon,  and  expressed  great  sorrow  for 
what  he  had  done.  But  within  a  few  days  I 
went  again  and  found  the  lieuteiiant  wonder- 
fully touched.  He  teld  me  that  the  morning 
after  he  was  first  taken,  he  awakened  fall  oi 
horror  for  what  he  had  done,  and  the  first 


hered   o  what  be  had  confesMd  befi>re  the  [  thing  that  came  in  hit  mind  was  the  0th  rerse 


kS)        STATE  TRIALS*  9i  Charlbs  II.  le^i^j^-^gmd  aUur$Jar  Murier,        [S$ 

tiP9,  xzzii.  *'  Be  ye  Dot  as  the  horse  and  tiie  J  of  bis  hearts  To  this  ha  added  a  short  accouu^ 
mule  which  have  no  anderstandhig',  whoae  of  his  life,  and  a  confession  of  the  crime  i'ot 
mouth  must  be  held  in  witli  bit  and  bridle."  vrbich  he  i?as  to  suffer.  • 
lliis  he  applied  to  the  irons  in  which  he  was»  He  oflen  wished  that  from  bim,  all  that  stood 
md  then  D^an  to  reflect  what  a  beast  he  had  might  take  heed  lest  they  fell,  for  once  Ii# 
been,  and  tluit  it  was  fit  he  should  be  shut  up  thought  himself  as  little  capable  of  committiug' 
in  a  prison,  and  fettered  as  he  then  was ;  upon  |  such  a  crime,  which  should  bring  him  to  such 
that  ne  looked  back  with  horror  on  what  he  ,  an  end,  as  any  man  was.  He  was  the  son  by 
bad  done,  and  began  to  cry  earnestly  to  God  the  lefl  hand  of  a  baron  of  Sweden,  who  was 
for  mercy.  made  a  count  before  he  died ;  but  he  did  not 

He  continaed  some  days  in  doubt  whether  carry  his  name,  because  he  was  not  legitimate  ^ 
be  oug^t  to  confess  or  not,  and  was  in  that  and  he  would  not  have  his  father's  name  to  he 
^"jdety  when  I  saw  him  first,  which  made  him  '  published,  because  he  was  now  such  a  reproach 

I  to  it :  He  applied  himself  to  the  war,  but  in  alj 
these  23  years  in  which  he  had  been  tiavelling 
up  and  down  the  world,  he  had  led  a  much 


lay  nothing  at  that  time  ;  but  he  said  after- 
wards he  round  such  inward  compunction  in 
bts  mind,  that  he  wished  to  die  j  he  grew 
weary  of  life,  and  hated  himself  so  much  that 
he  was  glad  to  do  every  thing  that  was  lawful, 
which  might  be  a  means  to  bring:  him  to  be  a 
public  example,  and  to  suffer  in  this  world  for 
bis  sin.  Upon  that  he  made  his  confession 
to  the  justices  of  peaqe,  and  found  hunself 
mnch  at  ease  when  that  was  done.  He  turned 
himself  ailer  that  wholly  to  God,  and  found 
that  then  he  was  entirely  out  of  die  snares  uf 
Satan,  and  the  hold  which,  the  Devil  had  of 
him.  AH  the  rest  of  the  time  of  his  imprison- 
ment, except  a  few  hours  of  sleep,  towards  the 
mornings,  ne  spent  in  reading  the  Bible,  and 
some  odier  good  books,  particularly  Dilheren's 
Way  to  Happiness,  in  High  Dutch,  which  he 
valn«l  highly,  and  Tliomas  a  Kempis's  book 
of  tbe  Imitation  of  Christ,  and  some  other 
books  of  devotion.  He  thought  it  was  also  fit 
for  him  to  leave  in  writing  a  warning  behind 
him  to  others  to  learn  by  his  example.  He 
was  not  bred  to  letters,  ana  so  he  said  he  knew 
what  he  should  write,  would  appear  simple  to 
those  diaft  delighted  in  learning,  or  polite  Ian- 
eoage  j  but  he  said  he  would  write  from  his 
heart,  and  prayed  Goi  it  might  have  a  good 
tSeet  on  others^  He  had  travelled  np  and 
dawn  Europe  23  years,  being  then  in  the  42nd 
year  of  bis  aspe,  and  he  hwi  observed  many 
tfaiogs  though  be  had  no  literature ;  so  he  said 
he  woiild  leave  an  exhortation  to  all  sorts  of 
people  with  whom  he  had  conversed,  and  tonch 
those  sins  which  he  himself  had  known  many 
of  diem  ffuilty  of;  and  he  said  that  if  his  writ- 
ing shoi&  become  public  in  Germany,  or  in 
other  places  where  he  had  been,  iie  was  con- 
fideat  that  many  might  read  it,  who  would 
know  for  what  reason  be  had  writ  maigr  pas- 
sages in  it,  and  might  perhaps  be  moved  to  re- 
flect on  those  sins  of  which  they  knew  them- 
setves  guilty,  and  would  understand  his  mean- 
ing better  dban  any  others  could.  When  he 
hu  writ  it,  he  gave  it  to  me  four  days  befofe 
his  exeentioD :  he  had  dashed  and  cnanged  it 
ia  many  passagto,  which  he  said  he  ipi-rit  at 


more  innocent  life  than  might  be  guessed  from 
such  a  conclusion  of  it.  He  had  early  a  scusff 
of  the  fear  of  God  before  he  came  abroad  intp 
the  world,  which  never  \eii  him  quite  till  a  few 
days  before  this  &ct ;  but  was  always  such  i| 
curb  on  him,  that  he  never  fell  into  tliose  sins 
that  are  too  common  among  those  that  follow 
the  war.  He  was  so  litde  guilty  of  plunder  or 
oppression  in  his  quarters,  that  ne  said  he  was 
sure  less  than  20  crowns  wpuld  pay  all  that- 
had  been  ever  taken  by  him.  He  was  nevcu 
guilty  of  any  act  either  of  cruelty  or  treachery, 
of  rapes  or  blasphemies,  was  never  false  at 
play,  had  not  the  custom  of  swearing,  nor  did 
ne  fail  daily  to  pray  to  God.  He  had  always 
a  compassionate  nature :  He  was  not  a  little 
lifted  up  widi  the  courage  that  he  had  shewed 
on  many  occasions,  and  had  been  very  sensible 


perfecdy  satisfied  in  his  own  mind  with  that 
religion,  and  detested  the  idolatry  that  he  saw 
in  it.  But  he  was  much  corrupted  with  that 
principle  which  is  too  common  in  the  wprld, 
that  it  a  man  was  honest,  and  good,  he  might 
be  saved  in  any  religion :  and  that  it  was  tit  to 
be  of  the  religion  of  die  country  where  on« 
lived :  Yet  he  said  he  could  never  look  on  po<« 
pery  but  as  a  contrivance  of  priests  for  govern- 
mg  the  world.  About  a  year  ago  he  cnanged 
his  religion  and  retarned  to  be  or  the  Ausbai^ 
Ck>nfession.  Last  summer  he  came  to  Eng- 
land, beioff  then  out  of  employment,  and  in* 
tended  to  nave  got  into  the  Guards ;  he  grew 
acquunted  with  (or  found)  captain  Vrats  here, 
for  I  do  not  asmember  well  whether  he  knew 
hint  first  here  or  not. 

For  the  particulars  of  his  confession  I  refer 
the  reader  to  his  own  paper,  only  one  passage 
which  he  has  not  mentioned  will  shew  cleaiTy 
the  temper  of  his  mind,  when  he  writ  it :  He 
told  me  that  aflcr  the  captain  and  he  bad  talked 
of  smidry  poignards  for  giving  Mr.  I'li^nu  th^ 


fint,  woen  there  was  yet  too  much  of  the  spirit  fatal  stroke,  the  captain  spake  to  him  one  day 
of  the  world  in  him,  but  he  had  reviewed  it,  of  a  musqnetoon,  and  told  him  fiiey  were  now 
and  had  corrected  it  in  the  best  manner  he  I  resolved  to  do  it  by  that :  he  answered,  that  he 
coakL  He  said  be  had  never  writ  so  much  in  thought  that  was  by  no  means  a  proper  mstiu- 
bk  whole  life,  and  so  he  did  not  doubt,  but  mentforit,  since  it  would  be  seen  in  a  man'^  * 
there  would  appesn:  great  weakness  in  some  hand  before  it  could  be  discliar^d,  and  so  they 
futtditfbvA  hehttawrititiattieiiBaplicity  ,  might  be  catchcd, before  ih«  buaiiuess  should 

I 


87]      STATE  TRIALS,  34  Charles  II.  1 6%^^Trial  of  Comi  Con{ug$mark     [«§ 


be  done,  therefore  he  thought  a  pistol  was 
much  better :  but  the  captain  answered,  Tliat 
the  couQt*s  council  were  of  another  mind ;  and 
"when  tlic  lieutenant  nskcd  who  they  were,  he 
named  three  outlandish  men.  But  three  or 
four  days  after  tiiat  he  told  me,  That  though 
that  passasfo'was  Tei-y  true,  yet  he  did  not  know 
but  the  captain  mig^ht  only  name  those  persons 
to  amuse  him,  and  he  di'd  not  believe  it  was 
tru<5  of  one  of  the  three ;  and  if  it  was  not 
trneof  liim,  then  there  was  reason  to  doubt  if 
what  he  said  of  the  other  two  was  true :  snd 
therefore  since  it  mt^ht  have  been  said  only  to 
decdve  him,  and  since  his  namiriff  them  would 
cast  a  slur  upon  them,  he  thought  he  ougfht  to 
be  so  tender  of  their  rskjmtation  as  not  to  pub- 
lish their  names.  This  will  shew  both  the 
strictness  of  his  conscience,  and  the  soundness 
of  bis  judgment:  and  that  he  would  not  say  a 
thinfr  though  it  was  true,  in  so, far  as  he  said 
it,  unless  he  had  believed  it  was  true  in  itself. 

He  told  me  that  for  some  weeks  before  the 
fact  was  done,  he  fell  under  a  darkness  and 
stupor  in  his  mind,  which  he  could  compare 
to  nothing  but  the  sense  a  man  has  when  he  is 
half  asleep :  He  flintinned  to  say  his  prayers, 
but  it  was  only  as  a  child  repeats  a  lesson  by 
rote,  for  he  had  no  sense  of  God  all  that  while ; 
and  he  lamented  much  that  he  had  not  read 
any^hiTg  in  that  book  of  Dilherens,  written 
much  like  our  Practice  of  Pietj%  which  he*had 
ijarried  about  with  him  two  or  three  years. 

He  »wa8  so  little  aWe  to  judge  of  things 
aright,  that  he  thought  hewould  be  free  of  the 
crime,  if  he  did  it  not  with  his  own  hand ;  and 
because  he  abliorred  the  acting  it  himself,  he 
fancied  he  would  not  be  guilty,  if  he  only  went 
in  the  company  of  ih^  tfiat  were  to  do  it 
When  the  fatal  day  came  in  which  it  was 
done,  he  said,  though  he  was  not  drunk,  yet 
he  was  like  one  drnnk,  for  he  was  almost 
fltupid :  it  was  on  a  Lord^sday,  which  he  had 
much  and  ofleii  prophaned,  ^pd  on  that  day  in 
narticalar,  he  had  not  worshipped  God  neither 
in  public  or  private.  The  captain  desired  him 
to  go  with  him  and  fight  with  Mr.  Tliynn.  (I 
think  it  was  near  six  o'clock  at  night,'  but  am 
not  sure  as  to  the  hour).  He  confessed  he  be- 
lieved it  was  designed  to  act  what  followed, 
for  he  saw  the  rousquetoon  in  the  hand  of  the 
Pohmder,  and  he  remembered  well  the  use  for 
which  it  was  bousrht,  but  he  still  resolved  that 
he  would  do  nothmg,  but  fight,  if  there  should 
be  occasion  for  it.  He  bad  delighted  much  in 
horses,  and  bad  a  great  opinion,  that  there  was 
some  sagaoity  in  tiiem  ;  so  the  dulness  of  bis 
horse  in  following  Mr.  Thynn's  chariot  all 
along  Pall-mall,  made  some  impressians  on 
bim:  ibr  thoui^'h  he  used  the  spur  pretty 
mnartly,  yet  hecoutd  not  get  him  to  follow  close. 
That  and  a  disorder  inliis  own  mind  made 
that  he  was  almost  twenty  paces  behinil  when 
the  fire  was  given,  nhicn  had  that  deplorabh^ 
,  eflect  on  that  unfortunate  gentleman  ■  Tie  told 
me  even  that  did  n<»»  av  akcn  him, but  his  sh'p' r 
continued  so,  that  some  little  time  past  \t^ii*re 
be  offered  to  fiy  avray;  and  tJicn  his  hone 


without  the  spur,  was  quidc  oioagh.  H« 
was  not  after  that  affect^  i^ith  it,  hot  spcBt 
that  ni^^ht  almost  as  ill  as  he  had  \lone  the  day ; 
nor  was  he  recovered  of  that  stupidity  till  m 
second  day  of  his  imprisonment. 

He  said  he  would  have  writ  nothing  con- 
cerning the  fact,  if  his  whole  confession  had 
been  road  at  his  trial ;  but  that  not  being  done, 
he  thought  it  tit  for  him  to  leave  it  behind  him 
to  the  world,  that  the  whole  truth  of  that  mat- 
ter nnght  appear :  but  he  professed  of\en,  ^at 
he  did  it  not  out  of  any  resentment  to  any  per- 
son whatsoever ;  and  though  he  looked  on  the 
captain  as  the  fa^  instrament  that  had  drawn 
him  into  this  sin,  and  this  misery  that  follow- 
ed it,  yet  he  ceased  not  every  day  to  pray  for 
him  :  when  sentence  was  pnmounced,  the  cap- 
tain reproached  him,  and  called  him  with  some 
acorn  a  niurderer :  Il6  said,  that  touchefl  him 
very  sensibly  to  see  bim  that  was  the  caose  of 
his  ruin  insult  over  bim ;  Yet  he  oflen  asked 
news  of  him,  whetl)er  he  was  touched  with  a 
sense  of  his  sin  or  not  ?  anil  when  be  under- 
stood that  he  continued  still  to  deny  aU,  but 
only  an  intention  to  fight  witU  Mr.  Thynn,  he 
desired  ^hat  he  might  l>e  suffered  to  go  to  bim 
and  spcsk  with  bim  ;  for  he  said,  though  others 
might  speak  much  better,  yet  he  hoped  be 
might  say  somewhat  that  would  be  more  ef- 
fectual :  So  on  Wednesday  the  8th  of  March, 
he  was  carried  to  him  ;  I  warned  him  before 
hand,  that  the  captain  would  perhaps  use  bim 
rougfhiy,  for  he  was  often  uporaiding  bim  for 
his  ingratitude,  and  for  having  accused  him 
falsely :  But  he  answered  me,  that  he  went  to 
see  if  he  could  be  a  means  to  do  him  any  good, 
and  not  to  dispute  a  matter  of  fact  with  him, 
which  he  knew  in  hb  conscience  was  true : 
and  if  he  saw  there  was  no  appearance  of 
doing  any  good  to  bim,  lie  would  soon  leave 
bim.  In  his  way  to  him  he  was  to  go  up  some 
stairs  and  pass  through  the  chapel,  and  then  to 
go  down  ;  so  he  told  me  he  was  going  up  to 
the  house  of  God,  but  be  should  go  higher 
within  two  days,  to  a  house  not  made  with 
hands.  Dr.  Homeck  was  then  with  the  cap- 
tain, and  prepared  him  for  his  coining.  There 
was  no  other  witness  of  what  passed  between 
them  in  that  short  interview  but  be  only.  He 
told  me  afterwards,  that  the  lieutenant  spake 
to  the  caotain  with  g^reat  hnmility,  be  toM  him, 
he  heartily  forgave  him  all  the  injury  he  bad 
done  him,  by  drawing  him  into  this  business, 
be  knew  he  had  said  nothing  but  the  truth,  he 
exhorted  him  to  repent,  that  so  he  might  find 
mercy  at  God's  hands.  But  the  captain  fell  in 
some  passion,  and  said,  he  lied,  and  gave  him 
other  reproachful  words  ;  upon  which  he  left 
him.  When  he  came  back  to  his  chamber, 
he  told  him  how  sorry  be  was  to  see  ^  oap- 
tain  in  such  a  condition ;  but  he  said,  though 
at  another  time  he  could  not  have  endured  sodi 
reproaches  from  the  greatest  man  in  the  world, 
yet  he  felt  no  resentment  in  his  mind  at  what 
he  had  said  to  himself,  and  added,  thai  by  bear- 
ing this  in  such  a  manner,  be  hoped  he  bad 
got  two  ateps  higher  in  his  way  to  Heaven. 


19]         StATS  TBIMLS,  S4  CHAttW  II.  l682.— Airf  o«ier«>/M^  Mmtden        [90 

Wben  I  repKed  tfntit  w«8  a  good  rign,  that  be 
bdlewnedtobelike  his  Saviour,  who  when 
ke  was  reviled,  reiiled  not  affain :  he  said, 
Ah !  Sneh  a  miserable  criminaras  I  am,  must 
sot  be  m  anythiiig  compared  to  mr  blessed 
Redeemer.  He  desired  that  the  Poloman  mi^t 
Wsuffered  to  stay  aOthe  day  long  in  bis  cham- 
kr,  for  he  foond  he  had  a  mind  well  disposed, 
but  was  tgnoraiit.  80  he  took  great  pains  to 
ostruct  him :  They  were  together  the  last 
lisfbt  of  their  liie,  in  which  as  the  one  slept  the 
•ther  watched  and  prayed ;  for  the  heotenant 
laid  to  me  he  tbonght  it  was  not  fit  that  both 
fbmild  be  together  asleep  that  niglit;  but  that 
aUnight  long  either  the  one  or  the  other  of  them 
flhould  be  eonslaatiy  calling  npon  Qod.  He 
expressed  not  the  least  desire  of  living  any 
ioDger :  He  never  once  aske:!  me  if  I  thouglit 
a  pardon  might  be  obtained  :  On  the  contrary 
he  said,  he  deserved  to  die,  and  desired '  it  as 
lantkk  as  he  had  deserved  it.  He  only  wished 
that  if  it  could  be  obtained,  his. head  might  be 
cot  off;  but  he  easily  acquiesced,  when  1  told 
him  that  was  not  to  be  expected.  He  often 
blessed  God  for  brincriii^  him  to  a  prison,  and 
thai  he  bad  not  made  his  escape  to  have  led  a 
wicked  life  any  longer.  After  he  had  been 
under  great  horror  for  almost  a  week,  he  found 
great  quiet  come  instead  of  it,  chiefly  after  he 
had  disburthened  his  conscience  by  a  sincere 
eoofession  ;  at  last  it  grew  upon  him  to  a  joy 
in  God,  and  at  the  approaches  of  death,    • 

The  nijrht  before  he  suffered,  be  told  me  he 
was  languishing  through  desire  to  die  ;  he  was 
now  so  settled  in  his  assurance  of  God's  good- 
tteastohim,  that  he  was  longing  to  be  with 
him  ;  he  considered  that  night  ns  the  eve  of 
his  wedding,  and  theivfore  it  would  seem  tedi- 
eustohim.  A  little  while  after,  he  said,  to- 
morrow is  the  H»t  battle  1  shall  fight,  my  ene- 
my  sliall  gain  the  camp,  the  tent,  I  dwell  in, 
hk  I  shall  by  the  gra«e  of  God  win  the  day. 
And  when  he  spdce  of  that  at  another  time, 
he  looked  up  to  God,  and  said,  I  go  to  fight 
with  thy  weapons,  and  thy  armour,  and  when 
i  have  overcome  I  will  come  and  offer  them 
4ip  to  thee.'  He  had  that  day  received  the  sa- 
crament with  great  devotion,  and  said,  Now  I 
have  got  my  pass-port,  and  I  long  to  be  gone. 
He  was  mnch  rejoiced  to  hear  that  night  that 
the  captain  was  m  a  befter  temper  than  he  had 
been  m  formerly  ;  fbr  the  minister  of  the 
Amborg  confession  in  London,  told  him  in  my 
hearing  that  the  captain  had  confessed  that  he 
had  drawn  them  into  this  snare,  and  had  en- 
gaged them  in  this  murder.  The  captain  also 
seat  a  kind  message  to  him,  and  gave  orders 
fe  every  thing  that  concerned  his  bmial ; 
mm  which  he  sent  aretum  to  him  foil  of  great 
anfiMtion.  Hiis  made  him  change  a  resolution 
he  once  had,  of  speaking  somewhat  concern- 
mg  the  morder  at  nis  execution.  He  said  there 
wasnodiiBg'  naaterial  m  his  last  oonfiession  that 
WIS  not  in  his  first,  taken  hy  the  justices  oi 
feaee,  so  there  wn?  no  need  of  making  any 
other  pabhc  declaratio&  $  and  he  thought  if  he 


tain,  it  would  perhaps  put  bun  in  some  diitorder^ 
and  he  would  not*  venture  the  being  discom- 
posed in  the  last  moment  of  his  hie  ;  therefbra 
he  resolved  to  seal  up  all,  and  give  it  to  me  at 
Uie  place  of  execution.  He  had  shewed  it 
four  days  before  to  one  Blr.  £Mart,  a  German,, 
of  Covent  garden,  and  had  ordered  me  to  let 
him  copy  it.  He  had  likewise  shewed  it  to  Dr. 
Honieck,  and  it  was  almost  all  copied  out  be- 
fore he  died. 

In  this  temper  I  left  him  atnight,  bnt  found 
him  much  better  on  the  morning  of  his  execu- 
tion. He  had  slept  three  hpurs,  and  was  then 
weO  in  his  heart  and  health,  for  the  night  be- 
fore he  was  very  faint.  He  told  rrte  now  he  was 
full  of  joy,  he  was  going  to  exchange  a  prison 
fbr  a  palace ;  A  prison  iliat  h<u$  beeu  to  me  bet- 
ter than  any  palace,  fo^  heie  God  has  touched 
me,  he  hfc»  drawn  me,  he  lifis  quickened  me ; 
and  now,  O  God,  I  come  to  thee,  to  live  with 
thee  for  ever.  He  bn>ke  oficu  out  in  great 
transports  of  joy,  he  said  this  that  follows  sa 
often  both  in  Fr»*o«.!h  and  Dutch,  that  I  couid 
notbut  remember  it  well :  O  my  God,  my  good 
,  God,  my  infinitely  good  Grod,  how  do  I  love 
thee!  1  bless  thee,  1  will  bless  thee  as  long  aa 
1  hve,  yea,  Lord,  1  shall  sing  of  thy  praises  for 
ever :  for  thou  hast  blessed  me  wonderfully  : 
thou  bast  put  many  good  inclinations  in  me: 
thou  hast  oflen  toucn^  my  heart  with  the  mo- 
tions of  ihy  holy  spirit ;  but  above  all  thy  bless- 
ings, for  this  I  will  bless  thee,  that  when  I  had 
forsaken  thee,  and  was  at  the  gates  of  hell,  that 
thou  hast  brought  me  from  thence,  and  hast 
now  brought  me  even  to  the  gates  of  heaven. 
Open  them,  O  Lord,  and  I  will  entei-  m,  and 
praise  thy  name  fbr  ever  I  bless  thee  that 
thou  hast  chastised  me  with  thy  rod,  bat  thy 
rod  is  a  rod  of  mercy  ;  and  now  thou  hast 
done  so  much  for  me,  O  give  me  a  greater 
sense  of  thy  love,  that  I  may  pnaise  thee  with 
my  whole  soul,  and  from  the  very  bottom  of 
my  heart. 

This  he  repeated  often  in  such  a  manner  that 
he  seemed  as  one  ravished  for  joy.  He  wept, 
but  he  told  me  these  were  not  tears  of  sorrow, 
but  flowed  from  the  abundance^ of  his  joy. 
He  and  the  Polonian  sung  the  51st  Pnlm  m 
High  Dutch,  three  several  times ;  and  I  saw 
him  particularly  touched,  when  he  sung  those 
words,  ^<  Deliver  me  from  blood  guiltiness,'  O 
God,  thou  God  of  my  ^Ivation.'*  He  spent 
the  rest  of  the  time  in  prayers  and  ejaculations. 
A  geotleman  came  in  and  asked  how  he  did  ? 
he  answered  him.  He  thanked  God,  we0,  his 
friend  had  sent  to  call  him  to  come  to  dine 
with  him,  and  he  was  ready  to  go.  And  when 
it  vras  told  him  he  was  now  to  fight  his  last 
battle,  he  answered.  The  battle  was  already 
fhught,  there  was  but  one  shodc  behind,  and  he 
was  sure  he  should  overcome.  His  heart  was 
so  full  of  the  sense  of  the  goodness  of  God, 
that  he  could  now  complain  of  nothing,  or  de- 
sire nothing  but  that  he  might  be  aUe  to  re^ 
jikice  more  pcrfeiefly  in  God  and  to  praise  him 
more.    Helon^  much  fbr  the  officers  that 


ttidairythiB^  that  BVgfat  reflect  on  the  cap-    shonld  carry  hin  away,  and  looked  irifh  great 


$1  ]     STATE  TRIALS,  U  Cu aalbs  II.  i6t^^Trial  ^  Ccmii  CMpti^f m«riEr     [93 


cheerfulness  at  me  when  he  saw  them  oonae  to 
lead  him  out.  When  his  irons  were  taken  off, 
be  told  me,  scune  of  his  fetters  were  taken  from 
him,  but  be  had  others  yet  about  him  that 
should  be  likewise  taken  on  very  speedily,  but 
I  have  chains  upon  my  soul  which  shall  draw 
me  up  to  heaven.  He  told  me  that  he  intended 
to  msike  a  short  exhortation  in  the  cart,  chiefly  to 
bare  warned  the  people  not  to  cast  off  the  sense 
of  God,  and  particularly  that  as  they  did  their 
own  business  all  the  week,  that  Ihey  would  do 
God's  work  on  the  Lord's-day :  and  learn  from 
him  what  the  ill  effects  of  profaning  that  day 
were.  He  ^as  likewise  to  have  exhorted  them 
not  to  think  there  was  any  wickedness  so  great, 
but  if  they  did  cast  off  God,  and  were  forsaken 
of  him  they  might  fall  into  it.  lie  had  been 
once  in  a  good  way,  but  had  left  it,  and  they 
aaw  the  ettects  of  tiiat ;  y(  t  God  hai  mercifully 
bi'ought  him  back  to  it,  and  tlicrcfore  he  in- 
tended to  pray  them  to  fear  God,  and  keep  his 
commaqdments,  and  it  would  be  well  with  tnem. 
This  was  the  substance  of  that  which  he  had 
piurposed  to  say ;    but  when  he  came  to  the 

{dace,  the  noise  was  so  great  there,  that  he  ^d 
te  would  speak  nothing,  but  left  it  to  me  to 
publish. what  I  knew  he  had  intended  to  say ; 
and  so  he  continued  in  his  devotions,  reading 
some  prayers  and  hymns  out  of  Dilheren's 
Book;  and  in  several  passacfes  as  he  read 
them,  I  perceived  great  joy  m  his  looks;  he 
told  me  his  mind  continued  firm  and  settled  in 
his  joy  in  God ;  and  so  he  went  on  a  while 
readme^,  at  last  he  threw  his  book  to  me,  and 
wished  me  to  give  it  to  some  goodsoul.  He 
said  a  few  words  to  the  captain  in  High  Dutch, 
which  I  did  hot  quite  understand,  but  by  his 
manner  I  jud&^ed  it  was  a  declaring  that  he  for- 
gave him, anddiedin  charity  with  him,  to  which 
the  captain  made  a  short  answer  that  seemed  to 
me  a  return  of  his  kindness.  But  the  croud  ^as 
such  that  the  Geiman  minister  could  not  pos- 
sibly come  to  the  place,  so  this  was  lost. 

And  this  is  all  the  account  I  can  give  of 
lieutenant  Stem ;  it  is  the  substance  ofmany 
and  long  conversatioiis  I  had  wfth  him  ;  French 
was  the  language  in  which  we  discoursed,  and 
he  expressed  himself  very  well  in  it.^ 

I  cannot  give  so  long  an  accouut  of  Borosky 
the  Polander,  for  all  my  discourse  wiUi  him  was 
by  an  interpreter,  and  the  lieutenant  did  fer  most 
part  interpret  between  us.  I  tbund  that  the 
course  01  his  life  had  been  very  honest  and 
innocent;  a^d  that  before  he  committed  this 
barbarous  act,  he  had  not  been  guilty  of  any 
enormous  crime  in  his  whole  me:  and  ^at 
particularly  the  last  year  of  it,  he  had  a  greater 
sense  of  the  £ear  of ,  God  than  formerly,  so  that 
lie  had  reformed  his  life  to  such  a  dagvee,  that 
he  had  not  been  guilty  of  one  act  either  of 
drunkemiess  or  undeanness,  of  swearing  or 
King,  and  that  he  had  constantly  piayed  .to 
God.  He  said,  That  when  count  Conings- 
mark  made  that  proposition  to  him,  which  he 
told  me  much  more  largely  than  I  find  it  is  in 
bis  confesbioD,  be  was  troubled  at  it^  apd  went 
iaito  another  D»m  an4  ImeeM  down  and  said 


the  Lord's  Prayer;  but  concluded  thatsinot 
his  mind  was  not  fortified  against  it,  that  God 
had  appointed  that  he  should  do  it.  He  said 
in  his  country  they  were  bred  up  in  such  as 
opinion  of  their  dnty  to  their  masters,  and  of 
their  obligation  to  maintain  their  hoiioar,  that 
he  believmg  the  relation  the  count  made  ni  the 
English  gentleman  (for  Mr.  Thynn  was  not 
named  to  him)  having  intended  to  murder  himi 
and  having  set  six  assassinates  on  him,  thought 
himself  in  some  sort  absolved,  if  hesnould  re- 
venge such  an  attempt.  He  was  also  deluded 
by  what  the  captain  told  him,  that  if  they 
happened  to  be  taken,  he  only  and  not  the 
Polander  would  suffer  for  it ;  so  that  he  |vas 
easily  wrought  on  to  do  it.  He  was  not  spoke 
to  by  the  count  till  one  o^clook  on  Sunday,  but 
whether  in  the  iboniing  or  a^moon  I  do  not 
know,  and  it  was  acted  that  same  evening,  so 
that  he  was  never  alone,  nor  had  he  any  oppor* 
tunity  of  recollecting  himself,  but  was  hurried 
into  it  blindly. 

He  told  n^  one  passage  that  beiel  him  afler 
his  imprisonment,  which  ne  firmly  believed  was 
real,  and  not  theefiect  of  a  disturbed  fancy :  He 
said,  being  shut  up  in  his  cTiamber  a  day  or 
two  after  hid  imprisonment,  he  tliought  in  the 
night  being  fully  awake,  that  one  opened  the 
door,  which  he  fancied  was  his  keeper  coming 
to  him  ;  but  when  he  looked  at  it,  it  was  a 
woman  who  had  appeared  sometimes  to  him 
befor^  in  Germany,  upon  some  extraordinary  oc- 
casions ;  she  looked  on  him,  but  spake  notning 
to  him ;  and  vanished,  He  verily  believed  this 
was  sent  firom  God  to  him,  to  touch  his  heart ; 
and  whether  it  was  real  or  only  imagined,  it 
had  certainly  a  very  good  effect  on  him :  For 
firom  that  time  he  was  wonderfully  changed.  ^ 

He  said  he  continued  about  four  days  as  hi 
hell,  by  the  rack  that  he  felt  in  his  conscience^ 
but  afler  that  he  came  to  have  great  ouict  and 
assurance  of  God's  mercy.  He  hau  no  fear 
of  death,  but  every  time  I  asked  him  concern- 
ing it,  he  said  he  was  re^y  for  it,  and  longed 
for  it  more  than  ever  he  did  for  any  thing  in  bis 
life:  he  assured  me  he  had  from  bis  heart 
foigiven  both  the  count  and  the  oaptain,  and 
that  he  prayed  earnestly  for  them. 

The  lieutenant  often  told  me,  That  he  had 
an  excellent  soul,  and  that  though  he  had  not 
much  knowledge,  yet  be  himself  learned  much 
fi-om  him  ;  for  lie  bad  the  simplicity  of  a  littlo 
child  in  him ;  and  a  love  to  God,  and  to  his 
Saviour  that  passed  ail  knowledge :  so  that  h/9 
spent  almost  his  whole  time  in  praying  and 
praisuig  God:  he  went  out  of  the  chamber 
wheu  he  was  called  on  by  the  officers  to  bis 
execution,  with  great  cheOTulness ;  and  by  bit 
looks  and  carnage  in  the  cast  expressed  a  great 
sense  of  his  condition :  He  seemod  to  have  no 
sort  of  fear  in  him,  nor  did  be  in  the  ieairt 
change  colour,  or  was  heat  all  terrified. 

In  the  last  place,  I  must  say  sotuewbat  sf 
captain  Yratz,  which. I  dp  unwillingiy,  ber 
cause  some  passages  ace  not  such  as  I  can  re- 
flect ou  with  aay  great  satisfaction.  It  is  ocT'* 
tain  that  nevet  man  died  withi  more  resolntte 


m 

93]        STATE  TRIAL6/94  Chablbs  n.  ieo.'^-md  oiher$y/ar  Muriir.       [94 


and  leas  i^^8  of  fSear,  or  the  least  disorder. 
Em  earrisge  in  the  cart  both  as  he  was  led 
akng,  and  at  the  phiee  of  execution  was 
asts&lHii^,  he  was  not  6tk\y  ondaonted,  but 
Isoked  cfaeerfnl,  and  smiled  often ;  When  the 
rope  was  pot  about  his  neck,  he  did  not  change 
colsur  nor  tremble,  his  le«s  were  firm  under 
him :  he  lo^^ced  often  about  on  those  that 
slood  m  balconies  and  windows,  and  seemed  to 
fix  his  eyes  on  some  persons;  three  or  four 
times  he  smiled  ;  he  would  not  corer  his  fiice 
as  the  rest  did,  hot  continued  in  that  state,  often 
Iwddn^r  up  to  Heaven,  with  a  cheerfulness  in 
hit  couDtenance;  and  a  little  motion  of  his 
hands.  I  saw  him  sereral  times  in  the  prison ; 
be  still  stood  to  the  coniteion  he  made  to  the 
council  till  the  last  day  of  his  life:  He  often 
said  to  me  be  wouM  never  say  any  thing  but 
what  he  had  said  at  first. 

When  1  was  with  him  on  Sunday  before  his 
deodl,  he  still  denied  all  that  the  lieutenant  and 
d»  Polonian  had  said,  and  spake  sererely  of 
them,  chiefly  of  the  lieutenant,  as  if  he  nad 
confessed  those  things  which  he  then  called 
lies,  tn  hopes  of  saving  his  own  Hie  by  it,  or  in 
to  him  that  he  might  not  he  pardoned: 


and  all  I  could  say  could  not  change  his  mind 
in  that.  I  told  hmi  it  was  in  vain  for  him  t6 
dream  of  a  pardon,  for  I  assured  him  if  any 
kept  him  up  with  the  hopes  of  it,  they  deceived 
hira.  He  had  two  opinions  that  were  as  I 
thought  hurtful  to  him;  the  one  was,  That  it 
was  enough  if  he  confessed  his  sin  to  God,  and 
that  he  was  not  bound  tb  make  any  other  con  • 
ftasioD  ;  and  he  thought  it  was  a  piece  of  po- 
pery toprsss  him  to  confess.  He  had  another 
oddopimoB  also  of  the  next  state :  he  thought 
the  damned  were  only  excluded  from  the  pre- 
sence of  €fod,  and  c^ndured  no  other  misery, 
but  that  -of  seeing  odiers  happier  than  them- 
irives :  and  was  unwillin|^  to  let  me  enter  into 
much  discoarse  with  him  for  undeceiving  him : 
He  said  it  was  his  own  aflfair,  and  he  desured  to 
be  left  to  himself;  but  he  snake  with  great  as^ 
of  Ciod's  mercy  to  hink. 
I  left  him  when  I  saw  that  nothing  I  could 
?had  any  good  effect  on  him,  and  resolved 
talttve  gone  no  more  to  hira ;  but  when  J  un- 
denfeood  by  the  German  minister,  and  by  the 
meaBas:e  which  I  heard  defiv^ed  in  his  name 
to  the  lieutenant  smd  the  Polander,  the  ni^ht 
before  his  execution^  that  he  ^vas  in  anotner 
temper  than  when  I  saw  him  last,  I  wetft  to 
him ;  he  recdved  me  more  kindly  than  for- 
merly :  mnat  of  his  discourse  was  concerning 
hb  going  to'  the  place  of  execution,  desiring 
that  it  might  be  in  a  coach  and  not  in  a  cart : 
and  when  I  prayed  him  to  think  of  that  which 
eoaoemed  him  more,  he  spake  with  great  as- 
fonmce  that  it  was  already  done,  that  lie  knew 
€od  had  forgiven  him ;  and  when  I  wished 
him  to  see  that  he  mic;ht  not  deceive  himself, 
nd  that  his  hope  might  not  be  01-grounded, 
be  taid  it  was  not  hope  but  certainty,  for  he 
tras^suro  God  was  reconciled  to  him  through 
Clinst  When  I  spake  to  hhn  of  confessino^ 
^  in,  he  said  he  had  written  it,  and  it  ivould 


» be  published  to  all  Europe,  but  he  did  n0t  say 
a  word  concerning  it  to  me ;  so  I  left  him,  and 
saw  htm  no  more  till  I  met  him  at  the  place  of 
execution :  When  he  saw  me,  be  smiled  on 
me,  ahd  whereas  I  had  sometimes  warned  hiiii 
of  the  danger  of  affecting  to  be  a  coftnterfeit 
bravo,  (jiux  brave)  he  said  to  me  before  I 
spake  to  him,  That  I  should  see  it  was  not  a 
false  bmrery,  but  that  h^  was  fearless  to  tha 
last.  I  wished  him  to  confiidcr  well  upon  what 
he  grounded  his  coniidenoe:  he  said,  -he  waA 
sure  he  was  now  to  be  received  into  Heaven  i 
and  that  his  sins  were  forgiven  him.  I  asked 
him  if  he  had  any  thin^  to  say  tp  the  people, 
he  said  no.  Af^er  he  had  winspeted  a  short 
word  to  a  centleman,  he  was  wdling  the  ropi 
should  be  tied  to  the  gibbeti  He  called  for  the 
German  minister,  hot  the  troud  was  such  that 
it  was  not  possiMe  for'  hiift  to  come  near.  80 
he  desired  me  to  pray  with  him  in  French,  but 
1  told  him  I  could  not  venture  to  pray  in  thai 
language,  but  since  he  understood  EfngUsh,  I 
would  pray  in  English.  I  observed  he  b^d 
some  touches  in  bis  mind,  when  I  offered  up 
that  petition,  that  ftyr  the  safee>  of  the  blood  of 
Christ,  the  innocent  blood  shed  in  that  plact 
might  be  forgiven  $  and  that  the  cry  ot  th6» 
one  fbr  mercy  might  prevail  over  the  cry  of 
the  other  for  justice :  at  these  Words  he  lookedi 
up  to  Heaven  with  the  greatest  sense  that  1 
had  at  any  time  observ^  in  him.  After  I 
prayed,  he  said  nothing,  but  that  he  was  now 
going  to  be  happy  with  God,  so  I  left  him. 
He  continued  in  his  undaunted  manner,  look- 
ing up  oftai  to  Heaven,  and  sometimes  round 
about  him  tn  the  spectators:  after  they  had 
stood  about  a  quarter  of  an  hour  under  the  gib- 
bet, they  were  asked  when  they  would  give 
the  signal  for  their  being  turned  off,  they  an- 
swerer that  they  were  ready,  and  that  the  cart 
migfht  be  driven  avray  when  it  pleased  tha 
sheriff  to  order  it ;  so  a  tittle  while  after  it 
was  driven  away,  and  thiis  they  all  ended 
their  lives.  It  is  possible  that  conversing  in 
Fnench,  as  we  did,  some  small  mistakes  mT^ 
have  been  made,  either  by  them  in  expressmg 
themselves,  or  by  me  in  not  understanding 
them  right :  but  1  am  sure  they  could  not  m 
material;  for  I  took  care  to  mnle  them  repeat 
what  fhey  said  that  was  of  any  importance 
often,  and  in  different  words ;  so  that  any  er-* 
rors  that  may  have  been  committed  are  incon- 
sidl^rable.  G.  BuiInet, 

March  11,  1682. 


Dr.  Hobneck's  Account  of  tpbat  himtelf  oh^ 
served  in  the  carriage  of  tke  late  Fri» 
umeru 

THE  Lieutenant  and  Polonian,  the  authors  of 
the  following  papers,  having  acquainted  ma 
•with  their  intent  to  have  them  published  to  tha 
!  world,  to  testify  the  sincerity  of  their  repent- 
ance :  I  was  vety  vrilling,  at  the  desire  of  Dr. 
Burnet,  with  whom  they  intnufted  them,  to 
be  instrumental  m  the  translation,  and  to  taka 
this  opportunity  to  give  my  aentunent  of 


95]     STATE  TRIALS,  54  Charles  11.  i6d2.— 7Ks/  oj  Obtml  C^rngmatk      [90 

readier  to  confess  his  §^1,  than  1  to  exhort 
bim  to  a  free  confession ;  several  things  he  bad 
said  to  Dr.  Bum^  be  ex|Hre»ed  now  to  me^ 
Adding  that  it  was  Clod's  just  jadraient  upon 
bim  to  let  him  fall  thns :  for  when  ne  consented 
to  engage  with  the  captain  in  the  fatal  enter- 
prisBe,  he  had  not  said  hb  prayers,  nor  read  in 
bis  beloyed  book^  '  Dilheren's  Way  to  Eternal 
Happineas,*  in  a  month  before;    which  two 
things  if  he  had  oontinned  to  do  with  that  de- 
motion he  used  formerly,  the  Devil  could  not* 
and  should  not  have  persuaded  him  td  com* 
into  such  a  desperate  confederacy.     I  advised 
him  to  repeat  Psalm  51,  oflen,  as  heinff  moat 
suitable  to  his  condition ;  and  directed  him  to 
other  prayers  in  a  book,  which  the  Lutheran 
minister  nad  lent  bim.    He  now  told  me  how 
he  was  concerned  for  the  captain,  and  cried 
out,  Ob !  this  hard-hearted  captain,  I  pray  for 
him  day  and  nig[ht,  that  God  would  turn  his 
heart  and  mdt  him,  and  make  him  sensible  of 
the  errors  of  his  ways.    He  pntfessed  that  ho 
did  not  desire  to  live ;  all  the  favour  he  begged 
of  the  king,  was,  that  he  would  cause  him  to- 
be  beheadra,  for  the  reasons  mentiotied  in  the 
preceding  papers.    Yet  he  hoped  his  fall  was 
permitted  by  Almighty  God,  to  bring  him  to  a 
true  sense  not  only  of  this,  but  of  all  hia  other 
sms ;  and  that  God  suffered  him  thus  to  be 
thrown  down,  that  through  ^at  toss  he  might 
rebound  the  higher.    And  that  though  he  had 
walked  in  the  dark,  yet  he  doubted  not  but 
God  would  draw  light  from  that  darkness.  Ho 
protested  at  that  time  upon  my  expoetulations 
with  him,  that  it  was  not  apmoa^ing  death, 
and  the  punishment  that  was  luLe  to  attend  him 
in  this  world  that  moved  him  to  repentancCt 
but  the  blackness  of  the  crime,  and  his  of- 
fending a  gracious  God,  and  fi^rgetting  hia 
dear  Redeemer's  precepts.  And  here  he  broke 
fordi  into  holy  ejaculations  fit  for  a  Christian 
and  a  true  penitent.    And  when  among  other 
passages  I  minded  bim,  that  it  would  not  bo 
lon^  before  he  would  come  to  his  trial,  and  so 
to  bis  execution :  He  cheerfully  replied,  That 
he  was  ready  to  obey  God's  summons.    And 
whereas  I  told  him  it  would  be  within  a  few 


behaviour  of  the  respective  prisoners.  The 
first  time  the  doctor  and  mvself  went  to  visit 
them,  we  saw  no  sense  of  tne  crime  in  any  of 
them,  but  the  Polonian,  who  professed  his  sor- 
row, and  gave  me  a  large  account  of  bis  con- 
dition, and  how  he  came  to  be  drawn  into  the 
barbarous  murder,  by  the  captain :  adding,  4<^t 
whatever  the  captam  might  say  in  his  own 
vhidication,  that  it  was  mrougfa  his  servants 
mistake  that  the  fact  was  done ;  if  he  had  a 
thousand  lives,  he  would  venture  them  all  for 
this  truth,  that  the  captain  did  peremptorily 
bid  him  fire  upon  the  coadi,  and  kili  the  gen- 
tleman that  was  in  it.  And  that  be  was  so  far 
from  mistaking  his  conunand,  that  afUr  rea- 
soning with  him  about  the  Larbarouancss  of  the 

'  deed,  the  captain  iMd  him  not  trouble  hunself 
about  'that)  but  do  what  he  waa  commanded. 
The  lieutenant,  when  I  told  him  that  aocording 
to  our  laws,  men  present  at  a  murder  com- 
mitted were  liable  to  the  same  penalty  with  the 
actors:  Replied,  If  that  be  your  law,  I  have 
nothing  to  say  against  it  A^  at  that  time  he 
seemed  to  have  no  great  remorse,  which  made 
us  leave  him  afier  some  eadiortations  to  re- 
pentance, and  conaideratkm  of  his  ways. 

The  captain  at  the  same  time,  hard  as  flint, 
entertaineid  us  with  a  discourse  of  his  resolu- 
tions to  believe  himself  innocent,  to  defy  death, 
and  to  &iicy  that  if  his  judges  would  be  im- 
partial, tliey  could  not  bfaune  or  condemn  him. 
8o  we  left  him.  The  second  visit  I  made  them, 
was  in  a  f^w  days  afler,  when  the  lieotenant 
sent  for  me:  and  beinff  then  to  pass  by  the 
captain's  chamber,  I  thought  fit  to  call  upon 
him,  before  I  saw  the  other,  and  here  repeat- 
ing my  former  counsels  to  him,  and  putting 
him  in  mind  of  the  all  -seeing  eye  above,  who 
knew  his  crimes,  though  he  did  conceal  them 

«  from  man ;  he  was  pleased  to  tell  me,  that  he 
had  fiur  other  apprehensions  of  God  than  I  had, 
and  was  confident  God  would  consider  a  gen- 
tleman, and  deal  with  him  suitably  to  the  con- 
dition and  profession  he  had  placea  him  in,  and 
would  not  take  it  ill  if  a  soldier  who  Kved  by 
his  sword,  revenged  the  aifront  offered  to  bim 
by  another.  I  replied,  that  there  was  but  one 
way  U>  eternal  happiness,  and  that  God  in  his 
laws  had  made  no  exception  for  any  sorts  or 
degrees  of  men ;  and  oonseqaently  revenge  in 
a  j^ntleman  was  a  sin,  God  wimla  not  pardon 
without  true  repentance  any  more  than  he 
would  forgive  it  m  a  peasant  He  asking  me 
hereupon,  What  repentance  was  P  I  told  taim 
it  was,  so  to  hate  the  sin  we  bad  done,  that  for 
the  future  no  arjj^ument  should  prevail  with  us 
to  commit  it  a^n.  To  which  be  said,  HThat 
if  he  were  to  live,  he  should  not  forbear  to  give 
any  one  as  ^ood  as  he  brings:  vrith  some 
otber  expressions,  which  I  am  kith  to  i«peat, 
for  they  made  me  so  meUncholic,  that  l  was 
forced  to  leave  him.  Yet  I  bid  him  consider 
Qf  what  be  had  said,  as  he  loved  his  own  soul. 
I  went  from  thence  to  the  lieutenant,  in 
whom  I  foimd  a  very  great  alteration,  and  saw 
now  several  good  boolu,  and  the  Biblaamang 
fit  rest  lying  baforo  him,  and  he  now  was 


^ 


days :  He  said,  he  should  be  content  if  it  were 
within  a  few  hours.  He  then  shewed  me  the 
places  in  the  little  book,  he  had  by  him,  *•  The 
*  Way  to  Eternal  Happiness,'  which  gave  him 
the  greatest  comfort,  and  prescribed  lim  most 
excellent  directions.  The  book  treated  of  the 
nature  of  a  true  Repentance,  of  Conifesaion  to 
the  Ministers  of  the  Gospel,  of  the  Lord's- 
Sufper,  and  the  Rules  of  a  Christian  Life ;  to 
which  are  added  several  meditations  proper  for 
Festivab,  prayers  suited  to  all  conditions ;  and 
a  very  pathetic  Sermon  on  the  Passion  of 
Christ ;  all  which  he  said  were  a  g^reat  sup- 
port to  him  in  his  present  condition,  which  no 
deplored  chiefiy,  because  he  had  made  so  bold 
with  God,  who  had  manifested  himself  to  him 
upon  many  occasions.  1  asked  him  whether 
he  had  bc&en  seduced  by  the  Count  or  by  the 
Ci^ktain?  To  which  heanswered.  That  ho  had 
beoi  in  the  Cgunt's  company  twice,  but  th«i 

4 


ff]         STATE  TIBIALS,  34  CiiAitLES  ||.  iS^a.-^andotier^Jcr  Murder.         [9^ 


ctptiio  wodU  not  let  him  know  that  it  was  the 
€9ttpt,  jet  he  belieyed  it  was  ^,  having  for- 
nedy  seen  him,  and  tliat  the  captaio  ^till  told 
him  th»t  he  had  a  quarrel  with  sach  a  ^ntle- 


I  wiM  from  thence  to  the  Poloniao,  whom 
I  found  engaged  in  reading  a  German  booV» 
canr^ifMng  prayers  and  devotjoqa,  fit  for  a  pe- 
uteot.  which  he  told  me  he  was  repeating  tp 
iumsdf  day  and  night.  I  gav^  bim  such  heads 
flfcontemplatiMi,  as  I  thou£^ht  proper  for  his 
eooditicMi  and  capacity,  exhorted  Lim  to  re- 
eoileel  himself,  aind  to  find  out  wba^  other  siDs 
he  had  formerly  lived  in,  it  heing  not  sufficient 
to  de|dore  ODe>  but  all  he  could  remember  upon 
aoKKis  examination,  which  he  promised  me  to 
4a,  and  so  I  departed. 

Hie  last  time  I  was  with  them  5vas  on  the 
8A  ofMaoch,  pnd  while  Dr.  Burnet  Ment  to 
the  lieutenant,  I  visited  the  captain;  wliom 
when  I  had  saluted,  T  to)d  him  I  hoped  he 
had  taken  his  dangerous  condition  into  con  si- 
dentioo,  and  wroii^^ht  himself  into  a  ^-eater 
afnse  of  his  sins  than  I  could  oI>serve  in  him 
when  1  was  last  with  bim.  He  said  h^  knew 
not  what  I  meant  by  this  address.  I  then  ex- 
pbined  m^sjdf,  gave  him  ti>  understand  tliat  I 
fl^ke  it  with  reution  to  tlie  laie  great  sin  he 
had  been  engaged  in,  and  that  £  hoped  his 
approaching  death  had  made  bim  more  peui- 
teot  than  I  nad  found  him  the  other  day.  To 
which  he  replied.  That  he  was  sensible  he  was 
a  (freat  ainner,  and  had  cominittrU  divers  enor- 
juliea  in  his  lifetime,  of  \ih\ch  be  truly  re- 
peDied,  and  was  confident  tliat  GoJ  had  par- 
doned him,  but  he  5:ould  not  wcH  understand 
the  humour  of  our  English  divines,  who  press- 
ed him  to  make  particular  declarations  of  thint^s 
diey  bad  a  mina  he  should  say,  though  ocyer 
80  nlse,  or  contrary  to  truth ;  and  at  this  he 
said  be  woqdered  the  more,  because  in  our 
church  we  were  not  for  Auricular  Confession. 
He  guessed  indeed,  he  said,  what  it  was  wc 
womd  have  liim  declare,  viz.  lliat  count  Co- 
ningsmark  had  been  the  contriver  of  the 
murder,  and  had  been  in  consultation  with  him 
about  compajsing  his  design,  and  prompted 
and  bribed  him  for  that  end,  which  falshood 
be  would  never  be  guilty  of,  if  he  hnd  never 
so  raany  lires  to  lose.  He  understood,  he  said. 
Hut  tnc  lieutenant  hail  been  tampered  with, 
and  by  promises  of  a  decent  burial  enticed  to 
ooofefs  things  notoriously  fidse ;  as  that  ho 
should  shew  the  said  lieutenaat  a  letter  signed 
by  count  Coningsinark,  to  engage  him  in  the 
business,  an^  offer  him  money  to  stab  Mr. 
Thynn,  (Jcc.  But  ^  for  his  part,  he  was  resolv- 
ed to  confess  no  more,  tlvin  he  bad  already 
declared  publicly  before  the  council. 

1  let  him  run  on,  andthen.told  liim,  that  he 
WIS  much  mistaken  in  the  ^vin^  of  the 
diurrh  of  England,  who  neither  used  to  reveal 
private  confessions,  nor  oblige  offenders  in  such 
esses  to  confess. things  contrary  to  truth  ;  that 
tbisiras  bodi  ag^i^^  their  practice  i^d  their 
principles;  the  confession  1  j^d  he  was  so 
Mtifien  exhorted  to,  was  no  pi^ivatebut  ;tpubji« 

TOL.  ix« 


poplessiop,  for  as  bis  ccjme  had  been  public, 
so  his  repentance  and  confession  ought  to  be 
public  too ;  ^hd  in  that  he  was  loth  to  come  to 
It,  he  gave  us  but  too  much  occasion  to  sus- 
pect, mat  his  oretended  i*epentance  was  not 
sincere  and  cordial ;  T  told  tiim  that  in  such 
wrongs  and  injuries,  as  he  had  done,  there  was 
either  restitution  or  satisfa^^tion  to  be  made :  at 
which  word  he  replying,  how  he  could  make 
restitution  now  Mr.  Thynn  was  dead  f  I  an- 
swered, because  he  coiud  not  make  restitution, 
that  therefoni  he  should  make  some  satisfac- 
tion, and  this  he  might  do  by  a  free  and  full 
confession  of  his  sin,  and  of  the  cause  of  it, 
and  who  they  wez-e  that  put  him  upon  it :  I 
added  that  where  true  repentance  melts  the 
heart,  after  such  commissions,  there  the  true 
penitent  was  readier  to  arouse  himself,  than 
othei-s  to  charge  him  wilh  the  crime,  and 
would  have  tliat  abhorrency  of  ilie  sin,  that  he 
would  conceal  nothing  that  servetl  either  to 
aggravate,  or  expose  it  to  the  haired  of  all 
mankind  ;  and  that  it  was  an  injustice  to  the 
pubhc,  not  to  betray  the  comjilices,  and  assist- 
ants, and  occasions  in  such  heinous  offences. 
I  told  him,  he  seemed  to  talk  too  high  for  a 
true  penitent,  for  those  tliat  were  truly  so, 
were  exceeding  humble,  not  only  to  (lod,  but 
to  men  tqo ;  and  one  part  of  their  huinilitv  to 
men  was,  to  confess  to  them,  aud  to  tfieir 
relations,  the  wrong  they  had  done  them: 
Whereupon  he  answered,  tliat  it  was  enough 
for  him  to  be  humble  to  God ;  but  he  knew  of 
no  humility  he  owed  to  man,  aud  God  he 
believeS  had  a  greater  favour  for  gentlemen, 
than  to  reouire  all  these  punctilios  at  their 
hands ;  ancl  that  it  was  absurd  to  think,  that 
so  many  thousand  gentlemen  abroad  in  the 
world,  that  stood  upon  their  hpnour  and  repu- 
tation as  much  as  he,  should  he  damned' or  for 
ever  miserable,  because  they  cannot  stoop  to 
things  which  will  prejudice  and  spoil  the  figure 
they  make  in  the  World  :  As  for  his  part,  he 
saia,  he  believed  Christ's  blood  had  washed 
away  bis  sins  as  mcU as  other  mens,  for  on  this 
errand  he  came  into  the  world  to  save  sinnecs : 
He  was  indeed  sorry  Mr.  Thynn  was  dead, 
but  that  was  all  he  could  do.  I  told  him,  that 
Christ's  blood  was  actually  applied  to  none  bat 
the  true  penitent,  and  that  true  repentance 
must  discover  itself  in  meekness,  humility^ 
tenderheartedness,  compassion,  righteousness, 
making  inf^enTious  confessions,  and  so  far  as 
we  are  able,  satisfaction  too,  else  notwithstand- 
ing the  treasure  of  Christ's  blood  men  might 
drop  into  hell. 

Upon  this  he  replied,  that  he  feared  no  hell : 
I  answci*ed  possibly  he  might  believe  none ;  or 
if  he  did,  it  might  be  a  very  easy  one  of  his 
own  making.  He  said,  he  was  not  such  a  fool 
as  to  believe,  that  souls  could  fry  in  material 
fire ;  or  be  roasted  as  meat  on  a  great  hearth, 
or  in  a  kitchen,  pointing  to  the  chimney.  His 
belief  was,  that  the  punishment  of  the  damned 
consisted  in  a  deprivation  of  the  gracious  and 
beatific  presence  of  God,  upon  which  depriva- 
vation  there   arose  a  terror  and  ai^ish  'in 

H'      •       I  •  ^^     • 


59]     STATE  TRIALS,  34  CiiAnLES  IL  l682.— TntfZ  of  Count  Cmlngimark     [  I OO 


tlicir  souls,  because  they  had  missed  so  great 
a  happiness :  He  added,  that  |)0S8ibly  I  might 
think  him  to  be  an  atheist,  but  he  was  so  far 
irom  those  thoughts,  that  he  could  scarce  be- 
lieve, there  was  any  man  so  sottish  in  the  world 
as  not  to  believe  the  being  of  a  God,  gracious 
and  just,  and  generous  to  his  creatures :  nor 
could  any  man  that  was  not  either  mad  or 
drunk,  believe,  things  came  fortuitously;  or 
that  this  world  was  governed  by  chance.  I 
said,  that  this  trutli  I  approved  of,  and  was 
glad  to  see  him  so  well  settled  in  the  reasonable- 
ness of  that  principle :  And  as  for  material  fire 
in  the  other  world,  I  would  not  auarrel  with 
him  for  denying  it,  but  rather  hold  with  him, 
that  tlie  fire  and  brimstone  spoken  of  in  scrip- 
Idrre  were  but  emblems  of  those  inward  terrors 


be]onG[ed  not  unto  them  :  and  hereupon  he 
turned  away  from  me  aguia  to  the  book,  that 
lay  upon  the  table. 

By  and  by  the  iietitenant  came  in  with  a 
penitent  countenance,  and  a  mortified  lo^k : 
the  captain  seeing  him,  g^rew  presently  cho- 
ice, and  retired  into  a  comer  of  the  room,  and 
then  asked  him,  what  he  came  to  trouble  him 
for  ?  he  did  not  care  for  the  sight  of  him,  es- 
pecially since  he  had  bespattered  him  so  noto- 
riously with  untruths.  The  lieutenant  rery 
meekly  told  himi  that  they  had  not  long  to  lire, 
and  therefore  he  was  come  to  admonish  him 
to  repent  of  what  he  had  done,  and  to  tell  him, 
that  he  freely  forgave  him  the  wrong*  he  had 
done  him,  by  drawing  him  into  the  late  un- 
happy action :  the  captain  hereupon  called  him 


which  would  gnaw  and  tear  the  conscience  of   lyar,  and  asked  him  how'  he  durst  vent  such 


unpemtent  sinners,  but  still  this  was  a  greater 
punishment  than  material  fire,  and  ^his  pu- 
nishment he  had  reason  to  fear,  if  he  could 
Bot  make  it  out  to  me  or  other  men,  that  his 
repentance  was  sincere. 

Hereupon  he  grew  sullen,  and  some  good 
books  lyibg  upon  the  table,  one  of  which  was, 
Amts  true  Christiatiitv,  he  turned  away  from 
me  and  seemed  to  read  in  it,  and  after  a  short 
j»use  he  told  me^  That  he  understood  the  lieu- 
tenant's  paoers  i^ere  to  be  printed,  wherein 

.  there  would  be  part  of  count  Coningsmark's 
letter,  with  some  other  circumstances  reflect- 

•  ing  on  the  count  and  himself;  but  if  they 
Were  printed,  he  would  print  his  own  story  too, 
which  should  undeceive  the  world  in  the  &n- 
cies  and  opinions,  the  lieutenant's  papers  should 
draw  them  into ;  and  in  that  paper  he  would 
set  forth  the  behaviour  and  manners  of  the 
English  clergy,  end  the  strange  ways  and 
methods,  the^  take  with  poor  prisoners  to 
extort  confessions  from  thetn.  As  for  the  lieu- 
tenant, he  said,  he  was  a  fellow  that  was  poor 
and  wretched,  and  by  his  means  kept  U-om 
starving,  and  sometimes  he  was  not  well  in  his 
wits :  that  himself  was  a  gentleman,  and   a 

'  jnan  of  an  estate,  and  should  leave  great  sums 
of  money  behind  bun,  and  that  no*  English 
gentleman  would  have  been  so  coarsely  used  in 
bis  country,  meaning  Pomerania,  as  he  hath 
been  in  this;  and  if  the  lieutenant  persisted  in 
his  falsities,  he  would  die  witli  a  lie  in  his 
mouth.  I  said,  it  was  not  probable  that  a 
dying  man,^  and  a  man  that  was  so  very  sen- 
Rible  of  liis  sins,  and  who  had  betrayed  nothing 
of  any  disorder  in  his  carriage  during  his  im- 
iirisonmrnt,  should  tell  and  aver  tiling,  which 
ke  knew  to  be  untrue:  he  said,  it  %v as  no 
strange  thing  in  England  for  dying  nven  to 
speak  notorious  untrutlis,  tlierc  beinff  not  a  few 
examples  of  those  who  had  lately  done  so :  1 
told  him,  it  would  l)c  very  fit  tlmt  the  lieute- 
nant and  he  should  speak  together,  and  cap- 
lain  Iticlianlson,  I  thought,  woidd  send  him 
presently  :  w ith  that  he  grew  anapv,  and  re- 
ttlied,  he  had  nothing  to -say  to  him,  nor  did 
he  care  for  sec'mg  him,  nor  for  being  troubled 
with  any  EngUsb  divines  ;  they  being  nien 

'  IDO  inquisitive  and  meddling  with  thiogs  that 


aoominable  lies  concerning  him  and  count  Co* 
ningsmark;  how  he  could  hare  the  confidenoO 
to  tell  men,  that  he  shewed  him  a  letter  of  the 
count's,  in  order  to  engage  him  ;  and  of  400/. 
that  he  should  offer  him  to  stab  Mr.  Thynn. 
and  talk  sometimes  of  400  and  sometimes  or 
200/.  which  was  a  perfect  contradiction ;  and 
if,  saith  he,  I  had>  been  so  base  6t  foolish  as  to 
make  you  such  an  offer,  you  that  were  the 
elder  man,  and  may  be  supposed  to  have  had 
more  wit  than  myself,  why  did  not  you  chide 
and  reprove  me  tor  tempting  you  to  such  dig* 
honesty  ?  one  would  think  you  are  distracted, 
or  had  a  soft  place  in  your  head  ;  is  this  youi 

gratitude  to  a  person  that  had  relieved  you,  and 
one  you  kindnesses,  and  are  you  not  afraid  to 
die  with  a  lye  in  your  mouth  ?'  Here  I  inters 
posed  and  told  the  captain,  that  this  wrath  and 
anger  was  but  an  ill  prepai-atiop  for  anotbef 
world,  and  that  greater  meekness  and  charity 
would  become  a  dying  mad :   to  Ihis  he  an- 
swered. It  is  you  divines  that  are  the  causei 
of  this  passion,  by  obliging  people  to  confess 
more  than  is  true.  Tlielieutenant  all  this  whiki 
heard  the  captain  very  patiently;    professed 
that  this  was  the  first  time  that  he  was  called 
liar  to  his  face,  and  that  which  fbrmeriy  be 
could  not  have  endured  from  the  greatest  man, 
he  was  very  willing  to  bear  now  out  of  respect 
to  that  God,  from  whom  he  expected  pardon 
of  his  sins.    And  as  for  what  he  had  said  and 
confessed  to  other  men,  he  took  God  to  wit- 
ness, that  it   was  nothing   but  truth  ;    and 
though  it  was  possible  in  his  confessions  he 
might  mistake  pounds  for  dollars,  that  being 
the  wonl  commonly  used  in  telling  the  money 
in  England,  as  dollars  is  in  Germany,  yet  he 
meant  nothing  by  it  but  dollars ;  and  what  he 
had  said  of  the  mfferent  sums,  was  very  true ;  ' 
for  at  one  time  he  had  offered  him  200,  at  and* 
ther  400,  so  that  could  be  no  contradictioh. 
The  captain,  notwithstandmg  this,  still  called 
him  liar,  and  ungrateful :  while  the  lieutenant 
stood  before  him  talking  with  great  meekness 
and  humility,  and  for  the  most  part  with  his 
hat  off,  and  saying  to  him  :   You  know,  and 
your  conscience  knows,  the  truth  of  these 
things,  why  would  ye  offer  me  these  sums  ? 
you  know  you  made  me  these  offers ;  (M 


101]      STAT£  TRIALS^  94  CiCABLBS  1 

fcigiTe  joQ,  and  I  fbrgriTe  yov.    This  said, 
*lien  die  Seuteiiaiit  saw,  thai  his  speaking 
£d  but  eprage  him  more,  he  took  his  leave, 
visbiii|r  him  a  si^ht  of  the  error  of  his  wa^. 
The  fieuteaant  being  gone,  I  stayed,  hopmg 
this  religious  confidence  of  the  Keutenant  mt^ifht 
wprk  the  captain  into  remorse,  but  it  was  all  in 
vain :    I  persisted  in   my  fbrmer  assertions, 
that  repentance  eouU  not  be  true,  wliich  was 
Mt  attended  with  meekness,  hnmility  and  pa- 
lieaee;  but  he  taming  from  me,  and  bolung 
into  his  book,  and  recusing  to  give  me  an  an- 
swer, 1  left  him  too,  wishing  him  a  better  mind. 
*  From  thenoe  I  went  up  to  the  penitent  lieu- 
tenant, where  I  found  the  Polonian  too.    I 
told  the  lieutenant,  I  was  heartily  glad  to  see 
Us  Chnstian  behaviour  under  reproaches,  and 
Bo&ing  pleased  me  more  in  matters  of  repen- 
tance, tban  humility  and  patience  under  inju- 
ries, a  tiling  absolutely  necessary  where  we 
have  to  deal  with  God,  who  hath  been  for  many 
years   patient  under  the  injuries,    we   have 
olfered  to  his  majesty.    He  then  vented  some 
comfortoble  ejaculations,  and  expressed  bow 
freely  he  forgave  that  stubborn  man,  whom  no 
entres^es  or  arguments   could    work  upon. 
And  while  Dr.  Burnet  went  with  the  lieute- 
nant to  the  fireside,!  entered  into  discourse 
with  the  Pblonian,  who  gave  me  his  confession 
in  h^  Dutoh,  written  fiom  his  own  raoutb  by 
.the  heutenant,  and  signed  by  him  the  Polonian. 
I  asked  him  whether  as  he  hoped  for  mercy  of 
the  great  God,  he  believed  the  things  said  in 
that  confession  to  be  true  or  no  ?  He  answered 
jes :  whereupon  to  be  fully  satisfied,  I  desired 
a  German  gentleman  then  present  to  read  it 
over  agam  in  his  and  my  hearing,  and  to  read 
it  distinctly,  that  in  case  there  were  any  mis- 
takes in  it,  he  might  rectify  it ;  for  as  I  was 
wiOing,  I  said  he  should  clear  himself,  so  I 
shookf  be  sorry,  he   should  asperse  another 
man,  or  say  any  thing  of  him,  that  might  un- 
joRtly  reflect  upon  his  reputation  :  he  promised 
me,  that  he  would  attend  carefully,  and  take 
notice  of  every  expression,  wlilch  accordingly 
he  did ;  and  finding  a  mistake  in  the  paper  in 
point  of  time,  he  immediately  gave  notice  of  it, 
which  I  caused  to  be  rectified ;  and  having 
heard  it  read  over  before  him,  I  cbarg^  him 
once  more,  as  he  was  to  give  an  account  to 
God  in  a  day  or  two,  to  tell  me,  whether  things 
were  carried  on  and  managed  in  those  circum- 
stances, as  are  mentioned  in  the  paper  P  To 
which  he  religiously  answered  in  the  affirma- 
tive.   I  asked  him  thereupon,  how  long  he  had 
been  a  Protestant  oftheAu^burg  confession, 
for  he  bad  been  bred  a  Papist  ?  To  which  he 
answered,  ever  since  his  last  sickness  :  which 
as  I  remember  he  said,  was  about  Michaelmas 
hst ;  when  being  told,  that  the  Protestaat  re- 
ligion was  more  conformable  to  the  word  of 
C^,  be  consented  to  embrace  it,  and  hath  kept 
Is  it  aver  since.     I  demanded  of  him  to  tell  me 
iaiondy,  whether  he  had  not  led  a  very  de- 
-  bocbed  life  formerly,  which  made  hliii  ven- 
lnre  upon  that  late  mhuman  entcrprize  ?  He 
MjDeno^  and  that  he  had  been  sofiurirom 


i 


ooramitting  any  such  crime  hereto(bre«  that  he 
bad  had  the  good  fortune  to  live  with  inaster^, 
who  were  soto:,  and  men  that  were  enemies  to 
disordei*  and  debauchery  ;   that  according  to 
his  capacity,  he  had  always  m^e  conscience  of 
grosser  sins,  and  had  been  very  punctual  in 
saying  those  prayers  he  had  been  taught,  eitlier 
by  his  parents,  or  such  persons  as  he  conversed 
with ;  and  that  captain  Vratz  when  he  bid  him 
shoot  31r.  Thy  no,  told  him,  tliat  it  was  here  as 
it  was  iu  Poland,  >vhere  the  servant  that  dotb 
his  master's  command  iu  such  cases,  is  blame- 
less, and  the  roaster  bears  all  the  burtbeo  ;  and 
that  prevailed  with  him,  though  he  found  no 
small  reluctancy  in  his  breast,  and  pleaded  with 
the  captain  about  jthe  beiuousness  of  shedding 
innocent  blood.     I  then  endeavoured  to  find 
out  what  kind  of  repentance  he  felt  In  himself, 
whether  it  proceeded  from  fear  of  a  shamef  ul 
death,  or  from  an  hatred  of  nin  and  love  to 
God  ;  whereu{K>n  he  gave  me  such  an  account 
as  his  honest  simplicity  dictated  to  him,  and 
said,  that  if  he  were  to  live  any  longer  iu  this 
world,  he  verily  thought  tliis  one  sin  would 
keep  his  soul  so  awake  for  the  future,  that  it 
would  not  be  an  easy  matter  to  make  him  act 
a^aiu  against  his  conscience  :  this  had  rouzed 
him,  and  he  now  perceived  the  sweetness  of  a 
good  life,  and  keeping  close  to  the  ways*  of 
God.     He  was  sensible  he  bad  deserved  the 
punishment,  the  law  would  inflict  upon  him  i 
and  all  his  confidence  was  in  the  blood  of  Jesus, 
who  knew  how  he  was  drawn  in,-  and  the 
plainness  of  ))is  temper  wrought  upon  by  the 
captain's  subtilty  :  however  he  freely  tbrgave 
him,  and  commended  his  soul  into  the  hands 
of  God.    And  here  ended  my  conference  with 
the  respective  prisbners,  having  wished  them 
the  powerful  assistance  of  God's  holy  spirit,  I 
took  my  leave  of  them. '  Tlie  lieutenant,  whe 
in  repeated  words  expressed  his  honest  design 
in  having  the  following  paperr  published,  de- 
sired me  to  go  with  him  on  Friday  following 
to  the  place  of  execution,  there  to  te)l  the 
spectators,  what  he  should  think  fit  to  say  to 
them  :  I  told  him  I  would  very  readily  obll^ 
him  in  his  request,  but  that  1  was  bound  to 
preach  that  very  moniing,  and  that  very  hour, 
when  he  should  be  led  to  the  place  of  exe- 
cution ;  however  Dr.  Burnet,  who  had  been 
his  spiritual  father  all  along,  would  not  fail  to 
do  that  last  office  for  him,  in  which  he  rested 
satisfied,  and  with  all  humility,  and  in  a  peni- 
tent posture,  bid  us  adieu. 

In  the  translation  of  the  following  papers,  I 
could  not  be  curious  in  the  stile,  because  I  was 
forced  to  keep  to  the  simplicity  of  the  lieute- 
nant's expressions :  he  writ  not  to  shew  his 
learning  but  his  piety  ;  having  never  been 
brought  up  to  letters,  rhetoric  is  not  a  thing, 
that  can  be  expected  from  him.  Truth  sounds 
better  from  a  plain,  man  than  from  an  orator  ;' 
and  the  less  ornament  there  is  in  a  dying  per- 
sons discourse,  the  less  it  will  be  susjiectea  of 
hypocrisy.  The  expressions  usctl  here,  spe;^ 
his  heart  more  than  nis  fancy,  and  when  a  man 
is  preparing   for  a   tremendous  eternity,   it 


AtS]    STATE  tRiiALS,  34  CHAftLSik  tl.  i^^^.-^JMiti  ^  ClMd  t&nhigknH&k    ( 104 


Would  be  fbolish  to  study  eloqaence.  The 
^ords  here  are  not  chosen,  bat  flow  natnrtdly  } 
and  th^  hon^y  of  his  soul  dwells  in  the  fome- 
^pun  meditations.  To  have  affected  betto!  m- 
gimg-ethah  himself  used,  had  been  injusiljv^ ; 
and  to  8»av  in  English  what  he  had  not  said  in 
Ills  own  language,  had  not  been  to  translate, 
t>ut  to  polish  his  admonitions.  Such  a  plain 
harangue,  it  is  like,  may  be  nauseous  in  a  cri- 
tical age,  where  learning  and  wit  rides  in  tri- 
tinmh  ;  yet  a  soul  touched  with  the  same 
loadstone  that  bis  was  can  relish  the  siveet- 
tiessof  it:  himself  was  Vifraid,  that  the  sim- 
plicity of  the  language  would  be  an  offence  to 
She  curious  readers  ;  and  therefore  begs  of 
them,  when  they  came  to  peruse  it,  to  make 
greater  use  of  their  charity,  than  their  sa- 
gacity. 

The  same  I  must  say  of  the  Polonian^s  con- 
iession,  where  you  must  expect  no  better  en- 
tertainment, he  could  but  just  express  his 
ineantng,  and  was  no  greater  scholar  than 
taatnre  had  made  him. 

I  was  at  first  in  some  doubt  whether  1  should 
publish  the  captain's  answers  to  my  queries 
and  expostulations,  because  some  of  them 
savour  of  prophaneness :  yet  considering  that 
the  Erangelist  hath  thought  tit  to  acquaint 
the  world  with  the  ill  language  of  the  one,  as 
tvell  as  with  the  penitent  expressions  of  the 
t>ther  malefactor,  1  was  willing  lo  follow  that 
^eat  examnle  ;  hoping  that  ti;ose  loose  dis- 
courses of  the  man  may  serve  as  sea-marks,  to 
Warn  passengci*s  from  running  iiiMin  those 
tends.  That  which  1  chiefly  obsened  in  him 
"was,  that  honour  and  bravery  was  the  idol  he 
'adored,  a  piece  of  preposterous  devotion,  which 
lie  maintained  to  the  last,  as  if  he  thought  it 
Vrould  merit  praise,  not  to  recede  from  what  he 
liad  once  said,  though  it  was  with  the  loss  of 
'Ciod's  favour,  and  the  shipwreck  of  a  good 
conscience.  He  considered  God,  as  some  ge- 
nerous, yet  partial  prince,  who  would  regard 
mens  blood,  descent  and  quality  more  than 
tljeir  errors ;  and  give  vast  grains"  of  allowance 
to  their  breeding  and  education  ;  and'  (tossibly 
the  stout  behaviour  of  some  of  the  antieut 
'Roman  Bravos,  (for  he  had  read  history) 
might  roll  in  his  mind,  and  tempt  him  lo  write 
copies  af^er  those  originals ;  or  to  thhok,  that 
it  wasffreat  to  do  ill,  and  to  defend  it  to  the 
last,  nhether  after  my  last  conference  with 
liim  he  relented,  I  know  not ;  those  that  saw 
Jiim  ffo  to  his  execution,  observed  that  he 
looked  undaunted,  and  witJi  a  countenance  so 
*  steady,  that  it  seemed  to  speak  his  scorn,  not 
only  of  all  the  spectators  that  looked  ujwn  him, 
but  of  death  itself:  but  I  judge  not  of  the 
tlioutfhts  of  dying  men ;  those  the  Seareher  of 
all  Hearts  knows  best,  to  whom  men  stand  or 
fall.  I  cJ\hnot  say,  that  1  remember  every 
'By liable  of  the  several  confei^ences^  but  sure! 
am,  I  have  not  mistaken  the  sense  of  wliathe 
said,  nay  think  I  have  kept  to  the  very  words 
he  then  used,  as  much  as  is  possible.  I 
V^oiild  net  wrong  the  living,  mucit  less  the 
4^  9  but  truth  is  a  thing,  which  though  not 


iBtlwHyn  cdnvetkkAify,  j\Si  may  tawMlytifefakl 
at  all  titoes :  this  was  all  *I  ahnefl  it,  luri 
because  reports  are  already  spread  abroad  of 
other  diaoourdeb  and  exp^eaaions,  this  unhappj- 
man  should  use  to  me,  and  how  he  affiro&ted 
me  in  prison,  it  Was  fit  the  world  should  be  mt- 
deceived.  Anthony  Horneck. 

At  the  Savoy,  March  13,  1681. 

For  Dr.  Burnet. 

Sir ;  I  heartily  thank  you  fbr  all  yom  kind- 
hess ;  and  promise  myself,  that,  according  to  your 
word,  you  will  publish  my  little  writings,  m- 
tended  only  to  let  the  world  see,  that  I  came  not 
into  this  country  with  a  design  ofbeing  engajgfeA 
in  the  late  bUck  deed.  And  nnce  the  justioes 
have  not  declared  what  I  can  say  or  did  say 
for  myself,  the  rabble,  it  is  like,  wul  be  of  opi- 
bion  that  money  brought  me  over  into  thesfe 
parts :  In  which  verdict  they  will  be  unde- 
ceived, if  you  will  be  pleased  to  let  them  read 
in  English,  what  I  have  set  down  in  these 
papers.    I  remain.  Sir,*  your  obliged  servant^ 

John  Stern. 
Written  in  the  prison,  London,  1682. 


The  Lasi  MeditattotUj  Prapers^  and  Canfeitiam 
of  Lieutenant  Joun  Stern. 

^  Let  God  have  all  the  Glory,  and  umui 
acknowledge  bis  own  unwoftniness." 

T.  Seek  ye  first  God's  kingdom,  and  bik 
righteousness,  and  all  these  things  shall  bt 
added  unto  }0u,  Mat.  vi.  33.  1  said  in  my 
trouble,"!  'am  cast  out  from  thine  eyes,  notwith- 
standing' thou  didst  hear  the  voiceof  my  weep- 
ing, n'hen  I  cried  unto  thee,  thou  (hdst  s^ 
my  trouble,  and  didst  know  my  soul  in  adversity. 
Watch,  and  pray,  that  ye  enter  not  into  tempta- 
tion, fbr  the  devil,  like  a  roaring  Iion,walks  amut, 
seeking  whom  he  may  devour.  In  the  third 
bock  of  Moses  it  is  written,  Thou  shah  bear  no 
malice  to  any  of  the  children  of  thy  people : 
by  these '  are  meant  our  neighbours.  In  the 
first  book  of  Moses,  ch.  vi.  The  inclinations 
of  man,  are  ^aid  to  be  evil  from  his  youth  ;  but 
the  spirit  of  God  can  endure  no  such  malici- 
ousness. 

I  have  ))een  a  traveller  any  time  these  S5 
years,  and'have  pereeived  but  litUe  malice  iii 
my  heart ;  though  I  have  had  too  often  cause 
and  provocation,  yet  have  1  committed  all  to 
God,  as  the  sunreme  judge  of  all.  What  hath 
brought  noe  to  tnis  present  misfortune,  is  known 
to  God  alone  ;  yet  I  am  greatly  to  blame,  be- 
cause I  did  not  abandon  the  world,  lived  m 
carnal  Security,  and  minded  the  lusts  o(  the 
flesh,  more  than  God,  blessed  for  evermore ; 
for  which  I  am  heartily  penitent,  and  I  thank 
my  God  who  hath  brought  me  to  a  knowledge 
of^  myself,  and  given  me  his  mce,  to  come  to 
a  true  sorrow  for  my  manifbla  sins ;  if  I  have 
l>e€n  enticed,  or  tempted  by  any  person  to  this 
wickedness,  as  is  evident  1  have,  I  bag  of  God 
to  pardon  him,  for  Christ  his  sake,  and  I  desire 
all  persons,  that  shall  read  what  I  have  written 
here  during  my  imprisonmenti  tooonaider  of 


105]       STATE  TRIALS,  54  Chablbs  I1»  I^S^.    mulothen,fifr  Murder.       [LOtf 


%  wefiweily.  Letno  manrejiMce  «t  his  neigh- 
|wir*s  tniaiui  tunes ;  erery  Tnim'slttrt  honris  not 
wmeyei :  when  tou  we  a  prisoner  led  along, 
yrayloi  him,  ibr  the  same  nmy  happen  to  you ; 
Dttre  oompassion  on  your  neighbours,  and  God 
will  have  compassion  of  you.  Be  merdfol,  and 
God  will  be  merciful  to  yon.  I  sire  thee  thanks 
■w«el  Jesus  Christ,  Son  of  God,  that  thou  hast 

K'  ren  me  to  understand  so  much  out  of  thy 
ly  word  ;  give  me  constanoy  and  persever* 
mee,  that  I  may  obtain  tibe  satvation  of  my 
voqI.    Amen. 

IT.  God  saith,  ^  Man  help  thyself,  and  1 
wiU  help  thee :"  but  aias !  whfle  we  are  in 
^hisvailey  of  tears,  we  think  seldom,  or  not  at 
all,  oftbe  dirine  assistance ;  our  eyes  are  dark- 
ened, and  we  consider  little  besndes  the  lusts  of 
tiie  eyes,  and  the  lusts  of  the  flesh,  and  the 
pride  of  life,  of  which  Christ  himself  hath 
aonoetimes  complained,  when  men  have  for- 
Igotten  him :  happy  is  the  man  that  feels  true  re- 
)>entance  in  his  heart.  Lord  Jesu !  give  me  that 
«race,  who  am  the  chief  of  sinners.  God,  thou 
^asl  not  sent  thy  Son  into  the  world  to  condemn 
'kinnere,  but  to  save  them  ;  O,  save  tte  not  for 
my  sake,  but  upon  the  account  of  that  precious 
'Wood' which  was  shed  for  me  on  the  cross. 

in.  I  pniy  God,  nobody  may  be  scandalized 
at  what  I  write,  out  let  every  body  lay  to  heart 
"what  a  noor  sinner  writes  in  prison.  Ye  chil- 
dren oftbe  worid,  when  will  yon  bethink  your- 
selves, and  consider  the  things  which  belong 
to  your  peace,  but  it  is  hid  from  your  eves.  O 
may  it  not  continue  hid  from  yon  f  Keep 
close  to  the  word  of  God,  and  think  on  the 
woman's  seed,  which  was  to  bruise  the  ser- 
peBt|s  head  ;  be  vigilant,  and  pray,  that  ye  fall 
not  into  temptation  ;  think  often,  &at  your 
ains  are  an  abomination  to  God :  take  heed  you 
^ve  no  ill  example  to  young  children,  whidi 
if  yon  do.  your  account  wiH  1^  dreadftd. 

mV.  Jolm,  the  forerunner  of  our  Lord  Christ, 
wli^n  be  b^tm  his  ministry,  the  first  words  he 
"let  drop  from  his  mouth,  was  to  recommend 
repeirtuioe  unto  the  impenitent,  Mat.  iii.  and 
Mat  iv.  saving, "  Thekingilom  of  Heaven,  and 
the  day  olVraoe  is  come  to  you,  and  at  hand, 
and  God  oirers  you  pardon  of  sin,  and  etema) 
Vfe.'*  In  the  6tb  of  StUIark,  the  twelve  apbs- 
'des  went  out,  and  preached,  that  *'  men  sho^d 
repent;''  and  Acts  iii.  *<' Repent,  and  be  con- 
'rated,  that  your  sins  may  be  blotted  out. "  And 
Acta  14.  *<  What  mean  ye,  sirs,  we  preach  onto 
,yoo  the  Gospel,  that  ye  may  turn  to  God."  O 
my  dear  Lord  Jesos,  make  me  partaker  Df  this 
conversion,  fbr  thy  name's  sake !  Amen. 

V.  AfclB  xvii.  30.  "  Ye  men  of  Athens,  the 
times  of  ignorance  God  winked  at,  but  now  he 
oommaoda  aJl  men  every  where  to  repent" 
Adsxzvi.  30. "St.  Paul  shews  to  king  Agrippa, 
that  he  was  ther^re  called  from  Heaven  to  be 
aa  Apostle,  to  preach  repentance  both  to  Jews 
and  Gentiles.  Ye  Ithat  are  parents,  if  you 
have  children,  keep  them  close  to  the  fear 
of  God ;  teach  them  the  Creed,  and  the 
^Ten  Commandments ;  send  them  to  school, 
aadbmdthem  out  to  an  liooest  trade;  be  not 


aahamed  of  this,  it  is  better  than  an  idle  life,  or 
-Fceneh  galkintry,  dancing,  6cc.  Keep  your 
children  oot  of  bad  company,  whether  |bey  ha 
BOOS  or  daughters :  A  heathen  writes,  thai 
Evil  communication  corrupts  eood  mannersy 
which  myself  hath  had  very  sadexperience  of. 
Before  my  23  years  travel,  I  should  have 
learned  a  trade  ;  But  it  is  too  late  now.    God 

five  me  patience  in  all  my  sufferings.  I  hope 
y  the  help  of  God,  I  shall  ere  long  be  aepa* 
rated  from  the  world ;  for  it  is  my  greatest  de- 
sire and  comfort  to  dwell  with  God.    Amen. 

VI.  Gen.  iii.  God  saith,  **  In  the  sweat  of 
thy  brow  shalt  thou  eat  ikv  bread,  till  thou 
return  to  the  earth,  of  which  thou  art  taken.** 
Bsal.civ.  **  When  the  son  rises,  man  goea 
fbvih  to  his  labour ;"  but  not  to.such  labour  as 
the  Devil  suggests  and  tempts  men  to. 

VII.  John  xxi.  "  When  Peter  was  more 
conoetned  about  8t  John,  than  about  bimseify 
the  Lord  said.  What  is  that  to  thee !"  Luke 
vi,  It  is  said,  <<  Thou  h3rpocrite,  first  pull  oot 
the  beam  that  is  in  thine  own  eye,  and  then  thou 
shalt  take  demote  out  of  thy  brother's  eye  ;'* 
and  thus  it  is  with  us.  The  mote  in  our  bro- 
ther's eye  we  easily  spy ;  but  ure  regardless  of 
the  beam  in  our  own  eye.  • 

VfIL  Rom.xiv.  It  is  said,  <«  Who  ait  thou 
that  judgest  another  man's  servant;  he  stands 
or  mils  to  his  own  master;  he  shall  be  holden 
up,  for  God  is  aMeto  bold  him  up."  Preserve 
my  steps,  O  Lord,  that  my  foot  slip  not.  O 
Lord,  frv  thy  power,  strengthen  the  weakness 
of  my  flesh,  that  I  may  Sgltit  manliiUy,  and 
botii  m  life  and  death,  may  press  toward  thee*  - 
Amen. 

IX.  And  now  ye  fbat  are  governors  of  the 
world,  abstain  from  anger,  -exercise  justice, 
let  not  the  sword  grow  rusty  in  the  scabbard, 
though  you  b^n  with  mme  own  head;  let 
the  will  of  the  I^rd  lie  done.    Ye  princes,  and 
great  lords,  do  the  same;  have  an  eye  upon 
your  officers,  and  take  notice,  how  instead  elf 
doing  justice  to  the  widows  and  orphans,  diey 
go  w>ut  banqueting,  visiting  of  play-bouses, 
playing  and  hunting  ;  the  rest  I  will  not  name, 
for  fear  of  giving  scandal  to  the  younger  sort : 
see  that  none  of  them  take  bribes,  for  unjust 
bribing  cries  to  Heaven  for  vengeance.    By 
the  word    Governors,    1   understand   kings, 
princes,  viceroys,  lords  of  countries  and  pro* 
vincesin  Christendom  ;  colonels,  captains,  and 
whatever  tities  they  may  have ;  punish  none 
that  are  innocent,  rdease  rather  ten  that  are 
euiity,  than  condemn  one  innocent  man.    Ye  ' 
kings,  princes,  and  presidents,  let  nd  proud  and 
phantastic  dresses  be  allowed  of  iu  your  land ; 
ibrthroQgh  pride  the  angel  turned  devil.    Ye 
itithers  and  mothers,  oloath  your  children  de* 
cently  when  they  are  litjie  ;  when  thej'  grow 
big,  they  soon  become  bad  enoughs    iLet  no 
man  be  taxed  or  rated  above  his  ability ;  op- 
press  not  the  poor,  rather  help  him  to  bear  his 
bnrthen  as  much  as  it  is  possible. 

X.  Let  us  say,  out  of  Psal.  xyiii.  fS,  "  The 
Lord  myGod  turns  my  darkness  into  light."  In 
Geneab  we  read,  "  That  the  thoughts  of  man's 


107]    S1'AT£  THIALS,  54  Charlbs  IL  l6S2.-*7m/  of  Couni 


[IDS 


lieart  are  pvW  irom  lus  youth*"  The  spirit  of 
the  Lord  can  take  away  that  sinful  inclination  : 
I  will  sf  y  with  Da?id,  Fs.  bcxxi.  <*  Create  in  me 
4L  clean  heart,  O  God,  and  renew  a  right  spirit 
vithin  me ;  cast  me  not  away  from  thy  pre-> 
8ence,  and  take  not  thy  holy  spirit  from  me." 
Out  of  Psal.  cxT.  '*  O  Lord,  not  unto  us,  not 
unto  us,  but  unto  thy  name,  give  all  tlie  honour 
and  glory."  He  that  is  fallen  into  poverty,  let 
him  hope  in  God,  he  will  help  him.  I^.  1. 
God  himself  saith,  ''  Call  upon  me  in  the  time 
of  trouble,  and  1  will  deUver  thee,  and  thou 
shalt  praise  me."  My  strength  is  made  per- 
fect in  weakness,  for  Christ  is  good  and  gra- 
cious ;  and  because  ha  is  mercinil,  let  us  call 
vpou  him  ;  as  it  said^  Luke  xv.  ''  Father,  I 
J^aTe  sinned  against  Heaven,  and  before  thee, 
and  am  no  more  worthy  to  l>e  called  thy  son, 
make  me  as  one  of  thy  hired  servants." 

XI.  The  Apostle  St.  I'aul  mentions,  in  a 
certain  place,  how  a  man  may  have  all  things, 
and  yet  have  no  charity.  Cmist  also  exhorts 
us  to  love  one  another.  I  may  say  as  it  is  in 
die  song,  "  Love  is  quite  extinguished  among 
the  children  of  men."  Deut.  xxii.  *'  If  thou 
«ee  a  stranger's  ass,  or  ox,  go  astray,  thou 
sbalt  take  tuem  into  thy  house.  Levit.  xix. 
*<  Thou  shalt  bear  no  grudge  to  any  of  the 
children  of  thy  people,  which  have  provoked 
thee  to  anger.  Prov.  xxi.  '^  If  thine  enemy 
iiunger,  give  him  meat ;  if  he  thirst  give  him 
drink."  Alatt.  viii.  and  Lukevi.  *'  I  say  unto 
you  that  hear,  love  your  enemies,  bless  them 
that  curse  you,  do  good  to  them  that  hate  you, 
pray  for  them  that  persecute  you,  and  des- 
pitefully  use  3^ou,  that  ye  may  be  children  of 
.your  Father  which  is  in  Heaven,  who  is  good  to 
the  unthankful,  and  to  the  evil."  Think  of 
this,  ye  proud  vain-glorious,  and  wrathful  men, 
who  say.  Shall  I  yield  ^  I  am  much  better  than 
you.  Agree  witn  your  brother  quickly,  while 
you  are  yet  in  the  way  with  him.  When  you 
come  to  your  long  home,  you  will  be  weary, 
and  find  another  register  or  book  of  account 
before  you.  And  here  I  beg,  of  all  those  who 
aHall  read  these  lines,  if  in  any  thing  I  have 
"been  against  thcfm,  or  offended  them,  to  for- 
give me  for  Christ  his  sake. 

XII.  Eccles.  vi.. Solomon  saith,  "It  is  an 
evil  that  t  saw  under  the  Sun,  and  it  is  very 
common  among  men,  that  God  hath  g^ven  to 
£ome  men  riches  and  honour,  and  they  want  no- 
thing that  the  heart  desires."  By  such  So- 
lomon understands  lords,  and  governors  in  this 
world  :  Take  heed  of  pride,  and  voluptuous- 
ness, wrath  and  anger,  for  these  are  now  be- 
come very  common  ;  and  such  men  are  apt  to 
cry,  Am  not  I  a  lord  ?  Am  not  I  a  governor  P 
ICuig  David  was  veiy  nenitent.  £xod.  5. 
JPharaob  tells  Moses,  '*  Who  is  the  Lord,  whose 
voice  I  should  hear?"  But  notwithstanding  he 
must  sink  in  the  lied  Sea.  Take  heed,  the 
sea  of  sin  is  deeper  than  the  Western  Ocean  ; 
make  haste,  mULC  haste  to  get  into  Heaven's 
boat,  that  ye  may  set  into  the  ship  of  God. 

XIII.  Ye  proud,  who  is  there  among  you 
«iU  take  %  view  of  his  life  ?    This  Is  very  usual 


with  you  to  cry,  1  have  sent  my  tailor  iiilp 
France  to  bring  me  newest  modes  and  faahioiiSk 
Thou  hadst  better  have  gone  to  Jerusalem,  and 
considered  tlie  passion  of  Christ ;  and  much 
better  would  it  be  for  thee,  if  instead  of  volup* 
tuous  youngsters,  thou  hadst  some  grave  an- 
cient man  about  thee,  whether  seciuar  or  ec* 
clesiastical ;  but  such  men  must  be  fools  among' 
you.  Gen.  iii.  "  Wlien  Adam  and  Eve  out  of 
pride,  affected  to  be  like  God,  they  were  cast 
out  trom  the  presence  of '  God."  TbeSodo« 
mites  wore  proud,  £zek.  xvi.  49.  **  This  was 
the  sin  of  thy  sister  Sodom,  pride  and  idleness, 
and  fulness  of  bread." 

XIV.  Ye  oificers,  colonels,  and  great  men, 
how  do  you  live.^  When  a  country  minister 
dies,  to  whom  goes  the  parsonage  ?  to  him 
that  brin^  most  money.  Ye  ask  not.  Have 
you  studied  hard  ?  do  you  live  a  good  life  ? 
are  you  a  good  preacher  upon  trial  ?  only  the 
man  saith,  Here  is-  my  purse,  and  that's 
enough.  The  deceased  parson  hath  a  son,  it  is 
true,  that  is  a  scholar,  but  he  hath  no  money, 
or  he  is  too  young.  Tlie  widow  hath  divers 
children.  Thus  he  pleads  ;  and  is  not  this  a 
most  lamentable  thing  ?  Ye  generals  and  co- 
lonels, where  are.  your  camp  preachers  ?  I  do 
not  ask  you  about  quarter- masters,  belonging 
to  either  generals  or  res^iments,  those  you  do 
not  want,  for  they  fill  your  purses :  And 
what  religion  are  they  of  ?  why  of  this,  to 
take  all  they  can  get.  Who  knows  how  long 
it  will  last  ?  Sometimes  you  carry  your  camp- 
preachers,  or  army  chaplains,  in  your  pockets  ! 
O  how  do  you  rob  God  of  his  honour,  and  your 
neighbours  of  their  souls !  He  that  serves,  let 
him  serve  faithfully,  that  he  may  be  worthy  of 
his  salary.  He  that  hath  none,  needs  not  trou- 
ble himself  about  entering  into  service.  Ye 
generals,  colonels  and  commanders,  when  you 
are  in  your  march,  or  form  a  camp,  and  are 
either  liesiegine^,  or  besieged,  pray  remember 
to  exercise  brotherly  love  toward  tlie  meanest, 
as  well  as  the  ^eatest.  Ye  commissaries, 
where  is  the  provision  ye  are  to  make  for  the 
army  ?  Three  parts  of  it  are  in  your  pockets ; 
and  then  you  g^ve  the  general  a  present,  but 
the  poor  sheep  may  go  to  grass.  You  country- 
men (that's  the  word)  you  must  pay  ;  give 
w.hat  you  have,  and  the  rest  you  may  keep  ; 
such  a  great  man,  or  friend  of  the  genera], 
must  have  a  safeguard.  The  poor  widows  and 
orphans,  run  alMut  like  mazed  people,  with 
their  children  in  their  arms,  their  hair  dishe- 
veled, tears  running  down  their  cheeks  like 
pease  ;  and  you  sball  not  find  one  in  an  hua* 
dred  that  will  give  them  one  penny,  though 
you  great  ones  have,  may  be,  taken  possession 
of  their  cows,  calves,  and  sheep,  x  our  sol- 
diers in  their  march,  must  at  least  have  gifVa 
brought  them  :  Sometimes  the  money  is  drawn 
out  of  the  peoples  purses  by  dreadful  oaths* 
In  another  place,  you  let  the  poor  soldiers  lie, 
as  it  were,  on  a  neap,  and  plague  the  whole 
country ;  then  the  poor  must  run  to  the  ricb 
to  borrow  money  of  them  to  treat  and  enter- 
tain the  soldiera*    You  great  ones  bare  abuii« 


109]       STATE  TR|AL8, 34 Charles  fl.  iSSJ.—^iii  ^h£r$,f€r  Murder.       [1 10 

or  in  the  bcwpitals,  it  is  not  much .  When  they 
be^in  to  be  merry  at  their  feasts,  then  the  next 
discourse  is  about  their  incomes.  I  bare  a 
ship  at  sea,  saith  one,  so  much  I  ^t  by  this 
▼oyafvc.  Wretched  man !  thou  taikest  of  thy 
pAn,  bnt  dost  not  pray  to  God ;  thou  mindest 
thy  pleasure;  thou  d^est  with  the  great  ones 
in  the  country  i  sometimes  thou  §^oest  abroad 
thyself,  and  courtiers  do  cheat  thee ;  then  thou 
cursest  because  thou  canst  not  recover  it.  In  tra* 
veiling,  men  meet  with  variety  of  peoj>le.  ' 
Sometimes  thou  hast  an  old  mistress,  her  tnou 
ffoest  to  visit ;  am)  after  that  hast  the  confi- 
dence to  ask,  why  thy  ship  was  lost  at  sea  ? 
(He  that  hath  an  honest  wife,  let  him  mak« 
much  of  hcr^  for  she  is  a  rare  jewel).  Th« 
seamen,  when  they  come  to  shore  any  where, 
nothing  but  drinking  and  carousing  all  night 
will  serre  them,  and  the  glass  must  go  round, 
and  that  is  their  way  of  living ;  and  from  hence 
come  those  many  misfortunes  at  sea. 

XIX.  Ye  doctors  of  the  civil  laws,  proctors 
and  advocates,  it  is  needless  to  expound  any 
thing  to  yon  out  of  the  scripture,  you  are  bet*> 
terschokurs  than  I.  Psal.  x?i.  It  is  written, 
*<  I  have  set  the  Lord  always  before  me ;" 
This  is  worth  your  thinking  of;  for  there  may 
be  men  among  you  who  love  to  shear  the- 
sheep,  so  long  as  there  is  any  wool  upon  them : 
many  of  you  are  squint-eyed,  looking  for  the 
hand' that  comes-with  a  bnbe,  wliich  is  a.  thing 
doth  more  with  you,  than  the  g^reatest  justi<m 
of  the  cause  that  is  before  you.  May  be,  there 
is  one  in  fitly  who  contents  himseU  with  half 
so  muck  as  another  man  takes.  The  Ho(y 
Ghost  direct  yoor  hearts,  that  you  may  mind 
you  neighbour's  .good  and  welfare  more,  for 
that  b  to  act  like  christians. 

XX.;  Ye  drunkards,  ranters,  and  blasphe- 
mers,  and  underminers  of  your  neighbours, 
who  give  ill  counsel,  to  their  nun.  Ye 
whoremasters,  and  gamesters,  ye  haughty, 
and  wrathful  men,  I  prsly  God  send  you  some 
sparks  of  his  grace,  tnat  you  may  smite  your 
breasts,  as  the  publican  in  the  temple.  I  hope 
you  will  consider  the  text  we  read  in  the  holy 
scriptures,  Bev.  xviii.  7.  where  it  is  said  of 
Babylon,  *^  How  much  she  hath  glorified  her- 
self, and  lived  deliciously,  so  much  torment  and 
sorrow  give  her."  From  hence  divines  do  infer 
That  every  sin  will  meet  with  a  peculiar  punisb-r 
ment  in  hell,  and  consequently  a  proud  and 
haughty  man  will  have  the  honour  of  being 
tormented  first,  or  before  others^  or  will  be 
trampled  on  by  others.  «  The  voluptuous  wBl 
have  a  cup  of  gall  given  him  ;  a  drunkard  be 
plagued  with  an  infinite  thirst,"  Luke  xvi.  94, 
"  The  unchaste  person,  with  putrefaction  and 
worms,  which  shall  break  forth  at  the  members 
whereby  he  hath  sinned."  Ecdes.  six.  3.  A 
slanderer,  with  seri)ents,  and  scorpions.  There 
were  some  comfort  in  it,  if  there  might  be  an 
end  of  this,  but  <'  as  the  tree  falls,  so  it  will  lie, 
whether  it  iiill  toward  the  South,  or  toward 
the  North,"  said  l^lomon,  Eccl.  ix.  3.  sothut 
no  change  of  their  torment  is  to  be  expected. 
The  damned  can  get  no  cooafbrt,  no  ease,  no 


brought  hfito  you  by  your  officers, 
vhereas  the  poor  soldier  must  content  himself 
with  an  empty  house.  You  cause  'the  poor 
people's  oxen  and  cows  to  be  driv'enaway, 
then  sell  lliem,  but  the  meaner  sort  must  eat 
iry  bread. 

XV.  Ye  gentlemen,  burgomasters,  alder- 
men, and  grand  bailiffs,  pity  the  poor  in  your 
exacting  contributions.  Take  heed  ye  oppress 
not  the  widow  and  orphan,  nor  take  tneir  goods 
ftway  for  your  private  use ;  nor  corrupt  your- 
selves with  bnbes.  Do  you  understand  the 
Latin  phruse.  Quid  juris  f  or  the  other,  Da  pe- 
cuMittm  y  To  make  your  own  cause  good,  you 
make  feasts  at  the  public  cost ;  and  this  hap- 
pens often,  when  you  are  to  sit  as  judges,  either 
B  matters  of  blood,  or  in  civil  causes.  Before 
ytm  do  so,  pray  the  Lord's  prayer,  and  con- 
ader  the  import  of  that  place,  John  xiii.  3,  4. 
"  Hereby  shall  all  men  know  that  you  are  my 
piciples,  if  you  love  one  another ;"  t.  e.  do 
justice  one  to  another.  There  are  many  good 
^hrMans  among  you ;  but  alas  !  fer  more  of 
Ibe  other  sort. 

XVI.  My  lords,  ye  bishops,  abbots,  deans,  if 
it  be  so,  that  in  the  town  or  country  you  live  in, 
yoohave  ei^er  for  money,  or  kindred -sake, 
placed  any  ministers,  or  schoolmasters,  which 
are  not  capable  to  look  to  their  charge,  or  to 
instruct  youth,  you  will  have  a  yery  great  ac- 
|x>unt  to  give.  Ye  great  ones,  you  should  at 
least  visit  your  clergy  once  a  year  ;  but  I  do 
not  understand  to  what  purpose  you  put  the 
poor  parson  to  the  charge  of  a  banquet,  which 
tdws  off,  at  least,  a  foi^th  part  of  his  income 
the  first  year,  if  his  parishioners  in  the  country 
do  not  help  him .  Y  Ou  shoul^dpreach  and  exa- 
mine the  children,  this  your  office  requires.  If 
the  minister  hath  good  drink  in  his  house,  he 
b  commended  ;  and  those  that  love  the  good 
fiquor,  will  commend  his  sermon  :  sometmnes 
there  is  one  that  will  give  him  a  silver  cup  for 
ins  pains,  and  that's  the  humour  of  the  world. 

XVII.  Ye  merchants,  ye  know  it  is  written, 
Widi  what  measure  you  mete,  it  shall  be  mea- 
sured to  you  again.  Live  np  to  this  rule,  put  not 
oot  your  money  to  usury  ;  content  yourselves 
with  honest  gain,  for  all  depends  upon  the  bless- 
iufi^  of  God  ;  unjust  gains  descend  not  to  the 
third  £;^3neration.  Let  every  man,  hi  his  own 
station,  take  care  to  mind  his  calling,  and  do 
what  he  is  commanded;  Do  not  sit  down  and 
write  two  for  one,  and  then  lay  the  fault  upon 
your  man.  Take  heed  of  cursing  and  impre- 
cations, whereby  you  endeavour  to  make  old 
commodities  new,  especially  where  the  bifyer 
hath  no  great  skill,  whence  he  must  needs  be, 
cheated  ;  you  give  it  him  upon  your  word, 
though  it  is  not  worth  a  straw. 

Ye  seamen  and  skippers,  how  do  you  live  at 
sea ;  take  up  your  anchors  in  the  name  of  God, 
and  in  the  same  name  you  ought  to  spread 
yonr  sails.  When  the  merchants  grow  rich, 
fMenthr  they  must  have  great  gaidens,  with 
delicate  nouses  tbr  pleasure,  where  they  may 
treat  theh"  rich  acquaintance ;  If  they  give  at 
tay  time  something  to  the  poor  in  their  houses, 


I  a  1  ]     STATE  TRIALS,  34  CAAALES  II. 

mitigation  of  their  pain ;  If  they  could  but 
have  hopes  of  *^  a  mp  of  water  faan^^BS'  at  a 
finfler'a  «nd,*'  Luk.  xvi.  24.  this  might  yet 
refresh  them.  Bev,  xiv.  11.  it  is  said,  <^  They 
have  no  rest  day  nor  night,  but  their  shame  and 
pain  shall  last  for  ever.  The  smoke  of  their 
torment  shall  rise  for  ever ;"  read  the  aforesaid 
place,  though  you  never  read  or  considered 
It  before ;  the  door  of  grace  is  yet  open.  Ye 
drunkards,  and  whoremongiTs,  ye  Qry,  let  us 
be  merry,  for  who  knows  now  lung  we  are  to 
live.  Whentbon  readest  Prov.  vi.  11.  *'  So 
shall  thy  poverty  come,  as  one  Uiat  tmveileth, 
and  thy  want  as  an  armed  man,"  do  not  take 
in  thy  meat  and  drink  like  beasts,  but  with  con- 
mderation  of  the  soperabundant  and  ahnigbty 
P^oodness  and  oMrcy  of  God.  Tit.  i.  15.  1  Tim. 
IV.  4,  5.  Prov.  iv.  17.  EocLesiastioos  xxsd.  ^1. 
Jiuk.  xjd.  34.  For  God*s  sake  read  these  chap- 
ters, and  you  will  see,  what  hazard  you  run  m 
living  io  the  woiM,  as  if  there^were  neither 
heaven  nor  hell.  There  are  too  many,  God 
knows,  that  brieve  all  things  alike.  Let  us 
4)onfe8S  our  sins,  and  say.  Help  Lord  and  Father, 
who  art  good  to  aU,  and  givest  toaH,  that,  we 
may  waUL  in  newness  oi  life,  and  be  zealous  of 
codd  works,  to  thy  f^ory,  and  the^  of  angels, 
ue  love  and  education  of  our  neighbour,  and 
the  devil's  envy,  that  we  may  at  last  obtain  the 
end  of  our  faith,  ihe  salvation  of  our  souls :  and 
hear  the  ohdarful  voioe,  Mat.'Xicv.  21.  <^  Wdl 
doneisrood  and  ftithful  servant,  thou  hast  been 
faithful  over  a  few  things,  I  will  make  thee 
ruler  over  many  things,  enter  thon  into  thy 
•'sjoy." 


Great  Healer  of  the  wounds,  sin  makes, 
In  hearts  with  erief,  and  tears  oppressed  ; 
O  bow  my  soul  doth  pine  away, 
"With  dolours  ^reat  and  hard  to  bear  ! 
Almighty  Saviour  take  thou  me, 
And  let  me  in  thy  wounds  be  safe  ; 
Th«i  then  it  will  be  well  with  me. 
My  soul,  my  flesh  shall  rest  in  thee. 

Jonas  iiL  6,  7.    *'  The  king  of  Nineveh,  and 

all  his  Mople,  humbled  themselves,  put  on 

taackdotk,  and  sat  in  ashes."    Let  us  put  on 

.the  garment  of  love,  of  true  repentance^  and 

ttorrow  for  our   manifold  sins  wnioh  we  have 

eonmitted,  and  through  the  grace  of  God  we 

.fhall  obtain  detiveranoe  from  all  our  sins  ;  fer 

^hiohdehveranoelpiaisehim.  I  doalveady  feel 

tkeJUmightyGod  in  my  soul,  andthonghl  had 

•Ihe  sins  of  tne  whole  worid  upon  my  back,  yet 

that  good,  that  gracious  God,  would  not  let  me 

>giilk  underthat  burden,  Psal.- oxzx.  Thoiigh  our 

srins  are  multiplied,  yet  God's  mercy  is  far 

igreater ;  his  helping  hand  is  net  limited.    Let 

Uie  hurt  that  hatn  been  done  be  never  so. great, 

'«ti]l  he  is  the  good  Bhepherd,  who  will  redeem 

Isnel  from  all  his  troubles  and  transgressions. 

1  MessGod  nho  bath  brought  me  to  a  sense  of 

my  sins  ;  nay, lam  so  well  satisfied  (praised 

be  his  name)  that  though  1  mi^t  have  half  the 

woiid's  goods,  I  would  notd^ireto  live  longer. 

I  have  had  litt!e  comfort  in  this  world ;  now  and 

•#iena  body  is  on  the -wat^r,  by.«Mi  by  in  a 


m2^JHal  of  Cc^imi  Cemt^trnm-k    [ 

storm  ;  eve  by  land  the  journey's  are  km^^  ,„„  .^ 
tedious.  How  soon  doth  sickness  oppress  119^ 
no  man  is  secure  of  his  life  ;  though  a  man  1m9 
above  an  enemy,  yet  there  is  no  r^st  £id-» 
perors  and  kinn  rise  in  the  morning  fredi  ami 
sound,  but  the  least  change  of  air  throws  thea» 
down,  and  they  must  wait  for  the  help  of  God 
as  well  as  beggars.  Let  us  therefore  say  witb. 
Jesus  Syrach;  man,  think,  of  thy  end,  and  tboi^ 
wilt  never  sin ;  and  to  do  so,  the  Lord  Jesuy 
grant  us  his  grace,  for  in  this  I  have  failed  fre- 
quently. 

XXI.  Ye  tradesmen  and  artificers,  I  will 
make  but  this  simple  remonstrance  to  yoo. 
Many  of  you  complain,  that  you  labour  day 
and  night,  yet  you  can  get  nothing  :  it  is  do* 
your  labour  altogether,  but  God's  blessing  tha^ 
18  to  be  regarded.    For  Christ  saith,  thou  shal^ 
sanctify  the  Sabbath,  and  on  that  day,  go  diti-> 
gently  to  tbe  house  of  God :   thou  shalt  dq& 
swear,  or  curse,  neither  thou,  nor  thy  wife,  nor 
children,  nor  fiunily.    You  should  not  spendl 
so  much  time  as  you  do,  in  taverns,  for  tnece 
you  ordinarily  stay  till  midnight ;  and  ye  ba- 
kers, brewers,   butchers,  sell,  as  you  mean 
to  answer  it  to  God  ;   for  the  magistrates  are 
apt  to  connive  at  you  upon  the  account  of  frieiid* 
ship,  or  some  other  relation,  but  this  should  not 
be.    On  Sunday  morning,  instead  of  your  cups 
of  brandy,  you  should  take  a  prayer-book  u 
your  hands,  and  out  of  that  instruct  your  chil- 
dren :  look  into  Psal.  122.    <*  1  was  glad,'' 
saith  David,  '<  when  they  said  unto  me,  let  us 
go  into  the  house  of  the  Lord  ?  our  feet  shall 
stand  within  thy  gates,  O  thou  house  of  God  !'* 
If  any  of  you  fall  into  poverty  or  sickness,  yoia 
that  are  tneir  neighbours  set  them  up  agaioy 
you  need  not  fear  that  this  brotheriy  love  will 
make  you  Anabaptists.    Clothe  yourselves  and 
children  aocordii^  to  your  state,  and  condition  ; 

S've  to  the  poor  according  to  your  ability,  and 
at  is  your  blessing ;  for  by  this  means,  ypit 
will  want  nothing  that  is  necessary  here  oa 
earth. 

XXII.  And  now  je  prisoners,  how  do  yoo 
behave  yourselves  m  prispm  ?   Keep  dose  t» 
the  Word  of  God,  and  you  ^ill  receive  j^ace 
and  comfort:  do  not  you  read,  £sa.  liii.  4. 
^'  He  hath  surely  borne  our  grids,  and  carried 
our  sorrows  ?  He  was  stricken,  and  smitten  of 
Gody  and  afflicted  :"  see  what  he  saitji,  Mark 
xiv.  34.  '*My  soul  is  exceeding  sorrowful, 
even  unto  death."    This  said  Cnrist  at  that 
time,  when  for  the  sins  of  the  whole  world,  be 
sufoed  himself  to  be  imprisoned  and  bound  ; 
was  not  that  an  exoeedine  great  love,  which 
Christ  hath  expressed  to  aSi  mankind  !  Creator 
love  he  could  not  shew.  And  this  he  did,  that 
we  might  think. of  him«  when  any  of  us  are 
taken  prisoners.    Let  such  a  one  examine  him-, 
self,  for  what  reason  he  is  imprisoned ;  if  be 
find  himself  innocent,  let  him  have  patieoce, 
let  him  not  curse :  If  he  find  himself  guilty, 
let  him  pray  diligently  ;  if  the  crime  be  great 
andhetnous,  let  him  pray  oftcner,  and  seml;np 
his  sighs  every  moment  to  God,  and  he  ii(ill 
turn  all. things  to  his  ^vantage.    Chast<^ 

s 


: 


lU]      STATE  TRIALS^  Si  Chablss  IL  \6s^.^mul  aiter$,f&r  Murder.       [i  i% 

Lnd,  wIkd  lie  w«b  ttStetk  prisoner  (thoagli  we 

ct  not  to  be  coiii|Mured  with  Um)  said,  Mat. 

mi  42.  «'  AMia  Father,  not  what  I  will,  bat 

vbl  tlMNt  wilt."      Behold  here  his  mighty 

Iwe,  therewith  he  hath  loved  us  when  we  were 

jtt  hb  enemies !    He  suflTered  himself  to  be 

iipnaoiied  :  this  is  no  small  comibrt  for  you 

«M  yon  Ke  in  a  prison  ;   for  which  reason, 

oasider  seriously  of  it ;  hot  stake  heed  you  do 

BflC  corse  in  prison  ;    do  not  break  forth  into 

viath  and  anger  ;  be  jmtient,  oonflde  in  God, 

who  win  support  you  in  all  things,  if  you  call 

ifiNi  biiu.     Use  no  threatentngs  that  in  case 

yMoome  off,  you  will  remember  the  persons 

tfait  have  been  the  cause  of  yoar  imprisonment. 
His  makes  your  case  bnt  worse,  commit  re- 

wpgeto  God  ;  for  thou  art  not  permitted  to  be 
Ifcine  own  revenger.  For  he  that  ju'lges,  shall 
heJQf^^.  The  law  of  God  and  man  condemns 
these  things  ;  he  that  sins  mack  must  repent 
mdi,  this  is  God's  order,  who  c&n  truly  say  of 
khnself,  as  it  is  John  xiv.  '*  I  am  the  way,  the 
tnith,  and. the  life."  And  if  he  be  the  way  we 
oumot  possibly  err,  if  we  follow  him  ;  if  be  be 
the  tmth  we  cannot  po^ibiy  be  deceived  by 
kira  ;  if  he  be  the  life;  we  cannot  possibly  come 
W  aoT  thing  .that  is  hurtiul.  If  your  flesh  and 
hMAd  DC  straitened  in  prison  by  tne  temptations 
of  the  devil ;  if  the  chains  and  shackles  press 
hard  upon  you,  remember  the  Crown  of  Thorns 


guilt  of  his  own.  Mat.  xi.  28.  it  is  written, 
**  Come  to  me  all  ye  who  are  weary  and  heavy 
laden,  and  1  will  refi^esh  you  :"  and  let  this  be 
for  yoiv  comfort.  Nor  is  it  enotigh  that  a  man 
is  laden  with  bonds  and  chains,  for  that  is  only 
a  temporal  punishment ;  you  must  at  the  same 
tone,  take  your  hearts  prisoners  by  the  word 
af  God.     8iglrtherefore,  with  David,  and  say, 

Look  not  vpon  my  sins,  O  God, 
Make  pure  my  heart,  make  c?ean  my  soul. 
A  new  gloss  on  my  spirit  set. 
And  from  thy  presence  cbase  me  not. 
Thy  Holy  Spirit  ffrant  thou  me, 
With  peace  and  health  refresh  thou  me. 
To  plMse  thee,  make  me  willing,  Lord ! 

Amen.* 

Thus  oogfat  men  to  live  in  prison,  upon  which 
by  the  grace  of  God,  remission  of  sins  must 
rily  follow. 


men  ?  aftd  if  a  soldier  leads  a  good  life,  it  mny 
be  said  to  be  stricter  than  a  Capuchin's,  hut 
such  a  one  is  a  creature  very  despicable,  yet 
more  or  less  according  to  the  country  he  fives 
in.    When  an  enemy  knocks  at  your  gates, 
ye  great  ones,  and  you  can  but  get  soldiers 
you  rgoice  exceedingly  ;  but  if  God  give  yoa 
peace  again,  I  am  sure,  you  have  no  com- 
mand from  him,  that  they  who  sened  yoa 
foithfully,  should  be  cashiered  and  sent  away 
without  pay,  and  those  which  stay  behind, 
shobld  scarce  have  bread  enough  to  eat.    I 
suppose  they  are  creatures  created  of  God,  and 
redeemed  as  well  as  you.  He  that  wrongs  them 
wrongs  God  in  heaven  ;  here  I  must  die  for  a 
man's  fortune,  with  whom  I  never  changed 
wotd  all  my  hfe,  for  a  woman  which  1  never 
saw ;  nav,  for  a  man  that  is  dead,  whom  t 
never  had  a  view  of;    and  are  not  these  three 
very  ffteat  thin^  ?  I  leave  it  to  every  man's 
oonsideratton  ;  it  would  grieve  a  man,  1  confess 
itis  a  little  hard ;  yet  be  it  as  God  pleases,  I 
have  entirely  resigned  myself  to  his  will.    And 
now  I  will  tell  yon  all  that  I  have  loved  in  the 
worid.    Next  to  God  and  his  holy  precepts, 
I  have    loved  my   neighbour   till   the   late 
misfortune  befell   me ;    I  have  ever  had  a 
great   fancy    to   travel,   and   from    a   child 
have  had  inclinations  to  be  a  soldier,  which 
desire, '  as  that  of  travelling,  hath  yet  much' 


which  our  redeemer  bore,  and  without  any  /decreased    with   time.      A   courtier's   Kfe   I 


XXIII.  I  had  almost  forgotten  the  common 
Boktiery,  which  I  would  not  willingly  do,  for 
theie  is  great  philosophy  to  be  found  among 


never  much  affocted,  because  the  court  is  ge- 
nerally croudedwith  asortof  pditicians,  which 
are  no  better  than  dissemblers.  A  leaned  and 
experienced  man  I  always  had  a  very  great  es- 
teem for  whether  he  were  rich  or  poor ;  for  I 
have  met  with  both  sorts^.  Lastly,  I  have 
had  a  peculiar  love  for  three  things,  yet  have 
been  most  miserably  cheated  by  them  ;  yea 
these  three  were  instruments,  I  made  use  of, 
that  day  I  came  into  the  late  misfortnne.  I 
thought  I  had  an  excellent  friend  in  the  captain, 
but  have  been  sadly  deceived  in  him,  and  se- 
duced by  him,  that  is  one  thing.  Secondly,  I 
have  been  no  hater  of  women,  and  here  also  I 
have  been  cheated.  I  have  also  had  a  great 
love  for  hoi-ses,  and  when  that  late  misfortuna 
began,  was  upon  the  back  of  One. 

Let  every  pious  christian  take  a  view  of  the 
world,  let  him  love  nothing,  that  is  in  the 
worid,  but  God  alone ;  let  him  do  no  wrong  ; 
nay,  let  him  not  permit  another  person  to  do 
that  which  he  can  hinder,  especially  where  the 
poor  and  metiner  sort  are  concerned  ;  and  ho 


Aem,  i.  e.  There  is  nothing  in  the  worid,  but    that  is  rich,  let  him  look  to  it,  that  he  may 


you  may  find  it  among  soldiers ;  you  find 
Named  and  unlearned,  good  and  bad,  holy  and 
profligate  men,  you  find  some  who  really  aim 
at  the  kingdom  of  God,  and  others  who  suffer 
themselves  to  be  blinded  by  the  devil,  and  live 
iceonliiig  to  his  will ;  nay  many  stranrrers 
which  no  man  knows  who  they  are  ;  one  tears 
God, another bhwpbeines  him':  In  a  word,  yon 
have  among  the  soldiers  pious,  and  impious 

*  This  is  part  of  a  Spiritual  Hymn  used  in  the 
LatheranChmcb. 


communicate  to  the  poor  heartily  ;  and  let  him 
do  the  same  to  the  sick,  and  to  distressed  fo- 
mtlies,  and  to  strangers.  The  reoompence  God 
will  give,  who  is  so  far  fh>m  forgetting  such 
works,  that  he  will  reward  them  a  hundred 
fold.  Grieve  no  man  who  is  already  grieved, 
for  it  is  sinful.  Rejoice  not  over  any  man's  mis* 
fortune',  for  before  a  day  be  past  yon  may  come 
to  some  sad  accident.  Take  heed  you  do  not 
spei^k  ill  i»f  God ;  and  take  no  folse  oath. 

\  esterday  I  was  at  the  last  sermon  which  I 
am  hke  to  hear  in  this  world  ;  the  preacher  wm 
.    1 


115}  STATE  TRIAIS,  34  Chaubs  U.  \6%^.^JHd  0f  Ctwt  C^nk^mm-k   [^liCr 


an  ]SiiffluAim9&»  and  &•  doctor  of  iMmtyt  bui 
name  Hurnet ;  and  I  can  take  God  to  witness, 
that  in  this  seitnon  my  sinful  heart  was  Ofenf/Bd^ 
and  rteei^ed  great  comfort  from  it.  The  i9xA 
was  as  follows ;  ^'  Christ  Jesu^  came  90t  to 
call  the  righteous,  bu^  sinners  to  repentance." 
.0  joy  above  ail  joy  1    O  oomfortaUe  promise  \ 

0  sw^t  recreation  of  my  soult  Nay,  nothing 
can  be  found,  that  tends  more  to  a  poor  sinner's 
comfort,  than  this  comfortable  promise.  If 
therefore  Christ  J  jsus  came  into  the  worU  to 
a^re  sinnens ;  without  doubt  be  is  come  for  my 
sake  too.  Therefore,  O  my  sins,  why  do  ye 
trouble  me?  Jesus  Christ  is  h^re,  who  will 
take  you  away  from  me-  Sing  and  r^oice,  O 
ngr  soul,  with  Jaooli,  Gep.  loqai.  10.  **  I  am 
less  than  the  least  of  thy  mercies,  and  the  truth 
thou  hast  shewn  uatp  thy  servant. ''  With 
David  we  wills^y,  8  Sam.  yii.  19.  '^  What  am 
I.  Lord,  and  what  is  my  fisilher's  house,  that 
thou  ha^  brought  me  thus  far  ?'*  With  the 
Virgin  Mary,  we  will  ^ay,  Luke  i.  47.  **  My 
Sfkulmagmne&the  Lord,  and  my  spirit  bath  re- 
joiced in  the  God  of  my  salvation ;  for  he  bath 
done  great  thmgs  for  me,  and  holy  is  his 
name." 

And  here  y«  great  commanded,  give  me 
kaye  to.  ]Aressqit  you  with  this  humble. suppli- 
cation, tbat  you  would  not  take  it  ill,  because 
this  writing  come^  to  you  in  a  homehr  atile, 
yet  it  is  penned  with  a  good  kiteot,  and  that  is 
enough.  Because  I  am  neither  divine,  nor 
phik>so|>ber,  but  have  hy  1>rafession  been  a 
soldier,  I  hav^e  written  thbgs  m.  very  course 
language;  yet  1  hope  no  pioqs  man  will  think  . 
ill  ^  it.  I  have  written  nothing  hut  what  i 
have  seen  with  mine  own  eyes ;  i  grant,  you 
are  not  all  sueh  persons,  as  my  writing  seems 
t9  make  out,  yet,  must  ooni^ss,  that  I  have 
knqwn  abnndanpe  of  such,  but  wiU  not  call 
them  by  tj^ieir .  names.  I  ain  sorry  I  have  seen 
so  much,  and  have  nut  esdieHed  that  evil^ 
which  l^th  aK  Isutt  brought  me  to  shame  before 
the  world. 

XXIV.  I  ^all  in  toe  la^jkiffooe,  briefly  ac- 
qaaint  you  with  my  coi^-ae  of  Mfe.  About  HJ 
yters  ago,  oiy  father  of  blessed  memory, 
sent  me  out  of  Swedekmd  to  Gennanland, 
where  for  twa  years  tog^er  I  went  to  school. 
Two  yeaii;  alter  that  came  the  Muscovites, 
which  ol^liged  us  to  fly  back  toSwedeland. 
M)ou^  33  yeatfrs  ^o,  I  teft  Sweden,  and  went 
towards  jpomerania,  wheie  I  served  the  elector 
of  Biiuidenburg  a  quarter  of  a  year;  from 
tli^nce  I  went  through  Poland  towards  the 
German  emperor's  domiqions.    From  Bohemia 

1  travelled  mto  tl^e  NetherlaadB,  from  thence 
iqito  Fi'ance;  from  France  again  into  die 
^•therla^ds  with  the  army:  After  the  peace,  I 
went  bac^  to  Bohemia,  Austm,  and  Hungary, 
and  ailer  that  again  to  the  Netherlands,  where 
I  iitayed  Q  yetuit,  from  thence  1  vn^nt  farther, 
ta  Uollaud,  Denmark,  Sweden,  Poland,  and 
then  to  Ilolstein,  which  was  m  the  year  31. 
Duriug  tliese  S3  years,  I  have  been  a  Papist 
1^  years,  because  I  was  commonly  all  that 
limn  i^  Popiah  lointoiMis  htK m  QobttiA  in 


the  year  81,  I  turned  again  to  the  Lnthemit 
relupton,  in  which  I  was  bom,  and  bajUi^ed* 
andin  that,  God  willing,  I  mean  to  die.  i 
could  no  longer  hear  vriui  the  Popish  religiofi^ 
because  of  toeur  many  saifits  and  intercessor. 
There  is  no  relimon,  comas  nearer  to  mifi^^ 
than  that  of  the  Protestants  in  England ;  Go4 
grant  they  may  Uve  in  peace  with  the  Calvinista 
to  prevent  quarrels,  and  in  opposition  to  th^ 
Papists. 

Ah !  my  dear  Jesua,  look  upon  me  with  tb^ 
eyes  of  thy  mercv,  and  chasten  me  not  ne- 
cording  to  my  desert.  I  firmly  hope,  thou 
wilt  not  dismiss  my  broken  contrite  heart  with- 
out a  blessing,  the  rather,  because  thou  didst  be* 
speak  the  poor  thief  upon  the  cross,  with  tbes^- 
comfortable  words;  This  day  thou  shalt  b« 
with  me  in  Paradise.  O  Jesu!  let  me  also 
hear  this  word,  and  my  soul  will  be  safo.  t 
will  not  cease  praying  to  the  very  last,  and  to 
say.  Lord  Jesu,  into  thy  hands  I  commemi 
ray  spirit.  These  shall  l!e  my  last  words,  and 
when  I  can  speak  no  more,  O  Lord  Jesu,  thou 
wiH  accept  of  my  sighs,  for  I  believe  that  thou 
earnest  intotlie  world  to  save  sinaei's,  of  whom 
1  am  chief.  Now,  Lord  Jesu,  strengthen  m^ 
in  all  my  sufferings.  Thou  sayest.  Come  to 
me  all  ye  who  aji*e  weaxy  ana  heavy  ladea, 
and  I  w  ill  refresh  you.  In  this  faith,  at  thy 
command,  1 4w»  come,  hut  altogether  unwortk^^ 

0  Lord  Jesu,  heal  thou  me,  tor  thou  art  um 
true  physician  of  souls.  Vea,  Lord  Jfsn,  i 
confess,  that  at  present  I  feel  great  reJwh- 
ment  in  my  sinful  heart.  I  am  as  an  anned 
man,  who  ^ues  against  his  enen^y,  and  wUH 
not  draw  back  one  sk^  hut  fight  ooun^c^ualy. 
Now,  u\y  Lord  Jesu,  thou  hast  armed  me  witb. 
a  steUia^  I'aitli,  and  confidence  in  thee.  Grant 
me,  Lord  Jesu,  that  I  may  be  thankful  for  tluA 
great  mercv  and  goodness;  let  me  wrestl# 
boldly,  and  press  through  Kfe  and  death. 
Hallehijah. 

Let  me  say,  Ijord  Jesu,  with  St.  Paul,  If 
God  be  for  us,  who  can  be  against  us.  Niiy, 
he  hath  not  spared  his  own  Son,  but  Kyyh 
given  him  for  our  sms.  Who  wiU  accuse  tba 
elect  of  God  ?  It  is  God  that  justifies,  who 
will  condemn?  It  is  Christ  that  died,  who 
sits  at  the  riffht  hand  of  God  and  iatoraedes  for ' 
us.  Who  snail  separate  us  from  the  k)ve  of 
God  P  shall  trouble,  shall  anguish,  sha^l  perw 
secutioo,  shall  hunger,  ahall  nakedness,  mJl 
peril,  or  the  sword  ?  i^  it  is  written  hy  David, 
Psal.  18,  28.  ''  The  Lord  make  my  daskMSi 
light ;  and  the  blood  of  Jesus  Christ  wa^h  bm 
and  purify  me  from  all  my  sins.*'  Amm^ 
Jesu.    Amen,  Ai^en. 

Whatever  state  or  dignity  a  true  ChriiliMt 
is  of ,  lie  must  not  make  light  of  pi«yer,or 
tliiok,  1  can  pray  to  morrow,  and  this  businean 

1  nmst  do  to  day.  Ah!  Chriatianj  let  thy 
bnsiness  be  rather  laid  aside,  except  thy  foUoir  • 
christian  should  be  in  the  pangs  o(f  death,  or 
thy  house  shoukl  be  on  fii«,  for  these  thinga 
may  cause  more  thah  ordinary  trouble.  Ne» 
elect  not  the  service  of  God,  O  my  ann,  nor  tht 
festivals  of  th«  duirch,  for  X  mi.  vik,    ' 


c 

« 
« 


lirj      STATE  TRIALS,  te  CHAMEi  !!.  l68«.-.BjHr<*Ur#,>r  JHkrefer.      tnS 

wmiW  gtre  fcjm  3  or  400  dollars  f  I  said,  I 
knew  none :  Hereupofn  he  g&t  fbut  bmce  of 
pistols,  three  little  ones,  and  one  brace  of  great 
ones.  The  ereat  ones,  and  one  brace  of  little 
ones,  he  h^  by  him  before,  and  two  lonjf 
swwxls ;  and  then  said,  Now  he  is  a  dead  man. 
He  prayed  xne  to  cause  two  poniards  to  be  made, 
wheredr  he  gave  nje  the  di-aiightj  but  I  wouW 
not  do  it.  And  now  he  had  a  mind  to  draw 
in  a  great  miny  niore.  At  last  I  had  a  Tcry 
strange  ominous  di-eam.  He  saw  I  was 
musing,  and  then  asked  roe,  what  I  ailed  ?  I 
told  him  (  and  he  laughed,  spying.  There  waa 
no  heed  to  be  given  to  dreams ;  yet  the  dream 
proved  too  true.  Now,  I  saw,  he  was  resolved 
to  kill  him ;  wlien  therefore  he  importoned  ifie 
to  engage  more  men  in  the  business ;  1  told 
him.  What  ean  you  do  with  so  many  people, 
cannot  you  take  tnree  horses,  ^'ou  will  have  osi6 
for  no  more  ?  Hereupon  he  fetched  out  money, 
and  on  the  Friday  befbre  the  murder  was  done, 
he  bought  three  horses.  On  l^nday  follotving 
he  told  me,  I  shall  get  a  brave  fellow,  (that  wa} 
the  miserable  Polonian)  who  came  to  town  on 
Friday,  and  the  9undiiy  ^fter  he  killed  the 
gentleman,  (according  to  order  from  his  master, 
and  you  know  who  his  master  was)  mvself 
being,  then  alas !  in  the  company.  Half  Hn 
hour  past  Ibur,  the  gentleman  went  ))y  in  hw 
chariot  before  our  window.  Thereupon  wo 
went  for  tlie  horses,  and  afterwards  rid  toward 
the  Palhnall,  where  we  met  the  genfleman  in 
his  chariot,  I  Hd  before  the  coadi,  die  captain 
went  close  by  it,  and  then  cried,  Hold,  an^ 
shewed  the  Polonian  the  man  in  the  coach ; 
who  thereupon  gave  fire,  and  shot  four  or  five 
bullets  into  his  Body.  They  say,  he  lived  tiU 
next  morning,  and  then  died.  On  Monday 
following  we  were  all  taken  prisoners,  and 
must  now  die  too ;  we  have  yet  four  days  to 
live :  The  great  God  pardon  us  this  sin,  for 
Christ  his  siOce.  Amen.  For  I  repent  from  the 
bottom  of  my  heart,  that  in  my  old  affe,  to 
which  I  was  advanced  with  honour,  1  snould 
come  to  this  disaster :  but  it^s  done,  and  cannot 
be  remedied.  It  is  written,  The  days  of  our 
years  are  few,  and  when  we  come  to  our  best 
age,  it  is  theu  but  labour  and  sorrow. 

Mefnorandum,']The\etter,  the  captain shetv- 
ed  me  one  day,  was  to  this  pnrpo.se :  1  hav4 
given  Captain  Vratz  ihU  commission  to  dis- 
pose of  the  places  of  captain  or  lieute- 
nant, to  whomsoever  he  shall  find  capable  of 
it.  So  far  I  read  the  letter,  five  lines  lower 
stood  these  words,  600  Dollars,  which  was  not 
the  captain's  band,  or  writing,  it  ^as  hig( 
Dutch.  1  seeing  the  letter  threw  it  dotvn  upon 
the  table,  but  he  nut  it  up,  and  underneath,  tha 
letter  was  signed,  Coningsmark.  Thus  much 
I  saw,  but  made  no  further  reflectimis  upon  th^ 
letter,  because,  God  knows,  I  was  bhnded. 

Another  Memorandum,  I  have  forgot  in  the 
p&pers,  which  after  my  death  are  like  to  be 
paMished,  viz.  It  bath  been  twice  in  mf 
thoughts,  when  capt.  Vratz  was  in  Hollami,  ta 
go  and  tell  Mr.  Thynn,  what  the  ca^f*"** 
mtauied  agaxmthhn,  but  i  stitt  fbrsr^ 


wa  be  ihe  eflect  of  that  nwlect.  In  a  word, 
■idiiDgr  ^onkl  have  so  much  of  your  care,  as 
ike  exercise  of  prayer,  and  goin|F  to  the  bou^e 
rf  God,  where  you  must  not  sit  idle,  but  work 
ia  the  vineyard,  that  you  may  receive  your 
MniT.  which  the  lord  of  the  vineyard  will  at 
hu  give.  Consider  this,  for  Christ  his  &ake. 
Amen,  Amen.  Aly  sweet  Jesus.    Amen. 

XXV.  And  now  I  will  let  von  know  how 
I  came  to  that  late  misfhrtune  here  in  London. 
Aftont  the  «ad  of  October  last  I  came  to  Lon- 
daa,  and  lodged  in  the  city,  near  the  Royal 
Exchange  in  Broad-street,  m  the  Dutch  ordi- 
nary, at  the  sign  of  the  City  of  Amsterdaip. 
When  I  hat)  be«i  there  a  month,  a  gentleman 
came  to  lodge  there,  who  calleil  himself  Val- 
fi^s,  but  his  name  i»  Tratz :  He  and  I  b^n 
Id  be  acquainted:  at  la«t  he  told  me  he  had  a 
request  to  me ;  to  whom  I  replied,  Tliat  to  the 
iitpaosat  of  my  power  he  might  command  me.  To 
thin  he  said  he  had  a  quarrel  with  a  gentleman, 
and  desired  me  to  be  his  second.  I  told  him, 
without  any  consideration,  I  Tt^ould.  A  fort- 
nigfat  after  he  told  me.  That  it  was  good  living 
thereabouts ;  and  if  I  would  take  liTodglng  in 
diat  |>laoe,  during  the  four  weeks,  he  should 
atay  in  London,  he  would  pay  forme.  Here- 
vpoo  he  took  four  servants,  sometimes  he  was 
lor  manymg,  sometimes  for  fighting ;  and  if 
be  eoPoM  get  one,  who  would  kni  the  gentle- 
man, he  said,  he  would  give  him  900,  nay 
300  dollars.  There  it  rested  for  a  while.  Hfc 
dismissed  two  of  his  servants,  and  was  going  for 
France,  or  •  BoUand.  The  two  servants  con- 
tinued without  places.  Six  days  after,  I  took 
leave  of  my  aoonaiotBaee ;  and  after  my  things 
bad  been  Xwo  .davs  on  shipboard,  I  went  to  the 
I^nberan  chur<»,  where  I  received  a  letter 
ftom  capt  Vratz.  O  unhappy  letter!  The 
cnnCentAwere  as  f<^W6: 

*  St  ;  I  am  sorry  I  could  not  have  the  ho- 
Boar  to  take  my  leave  of  you ;  but  be  it  all  to 
vour  advantage.  I  am  going  for  France,  yet 
nave  not  as  yet  a  certain  commission.  In 
the  mean  while  ha  pleased  to  continue,  either 
at  Mr.  Blocks,  or  in  the  city  of  Amsterdam, 
wbere  I  will  apt  tail  to  pay  for  all.  lam, 
your  obliged  servant,    Ds  Vbatz,  alias  De 

Vaujchs. 


After  I  bad  read   this  unhappy  letter,  I 
efaanged  my  resolution,  and  stayed  here  and 
fetched  my  brings  from  the  ship,  and  went  to 
lodge  in  blackmore-street.    About  10  weeks 
afttf  he  returns  to  London,  sends  for  me,  and  I 
cane ;    and  himaelf  took  a  !odgtm>:  in  West- 
minster, vrbere  I  was  with  him ;  and  the  count 
lunseif  lay  one  night  in  the  captaitiV  and  my 
iodgii^.    ^e  cs^tain  then  asked  me,  how 
Tbyan  M?  I  toM  him,  I  could  not  tell, for 
I  fatd  never  seen  him .    Thereupon  he  told  me, 
Innst.aee  natr,  bow  to  order  it,  that  i  may 
eome  at  bitn,  if  I  eouM  get  but  some  stout 
gg^..-.— «D&  yon  know  no  Frenchmen  about 
tffWB  or  wtMSt  other  people  there  tsf  I  said,  I 
iMoid  see.     Then  be  added ;  Could  not  one 
fat  an  ltnliftt>9  ^"^^  ttigbt  <fopnteh-  hitOf  I 


%  19]    STATE  TRIALS,  54  €iuRle»  II.  J  fi8«.— TrW  of  Cmmi  dmmgmmtrk    [1 2^ 


I  desira  tlie  doctor,  in  case  any  thing  of  the  i 
tui{ytam's  writings  should  come  abroad,  to  com- 
pare what  he  sai£h  with  my  confessionft,  and  to 
consider  tine  with  the  other.  Give  unto  Caesar 
the  tbimps  that  are  Cet^r's,  and  imto  God  the 
things  that  are  GodS.  I  hoiie  I  shall  go  with 
the  pubUcan  into  the  temple  of  God :  I  am  a 
great  sinner,  yet  God's  mercy  is  greater, 
wherein  I  trust ;  nor  will  Christ  therefore  re- 
fuse a  soul,  though  the  body  is  banged  up  by 
the  world.  iMy  lords,  ye  judges,  I  do  wish  you 
all  happiness,  1  confess  you  have  a  weighty  of- 
fice, God  give  you  his  grace,  that  you  may 
neither  add  to,  nor  diminish  from  a  cause. 
You  have  seen  how  I  exposed  all  'my  failings, 
and  that  openly,  to  God,  and  to  the  whole  world, 
because  others  may  take  warning  by  me,  whom 
1  leave  behind  me  m  the  world,  ibeg  of  God, 
that  people  may  consider  this  my  poor  writing, 
the  effect  of  the  assistance  of  God's  spirit,  and 
the  desir^  of  a  pious  soul. 

The  captain  desired  me,  that  I  would  cause 
tivo  daggers  to  be  made,  because  at  first  it  was 
resolveu,  we  should  fall  upon  Mr.  Tliynn  on 
foot ;  and  he  would  have  bad  some  Italian  or 
another,  to  thrust  them  into  Mr.  Tbynn's 
^y  >  yet  I  neither  looked  out  for  a  man  fit 
for  that  purpose,  nor  would  I  cause  those  dag- 

fcrs  to  be  made.  The  musquetoon,  or  the  gun, 
fetched  indeed ;  but  it  m  as  6ut  of  a  house, 
which  the  captain  described  to  roe.  The  holy 
passion  of  Jesiis  Christ  preserve  me  ;  the  inno- 
cent blood  of  our  Lord  strengthen  roe ;  the 
pure  blood  that  flowed  from  his  side,  wash  me ; 
the  great  pain  of  Jesus  Christ  heal  nic,  and 
take  away  the  deadly  wounds  of  my  soul. 

O  bountiful  Jesus,  hear  me ;  hide  me  in  thy 
holy  ^>ounds :  From  thy  compassionate  heart, 
let  there  flow  into  ray  wicked  heart,  mercy, 
comfort,  strength,  and  pardon  of  all  my  sins. 

My  Lord,  and  my  God,  if  I  have  but  thy 
most  holy  passion  and  death  in  ray  soul,  neither 
heaven  nor  earth  can  hurt  me.  O Jesus!  I 
ercep  into  thy  gapine^  wounds,  there  1  shall  be 
secure  until  the  wratn  of  God  be  over  past.  O 
Xiord,  let  me  alwaj  s  adhere  to  tliee  ;  keep  off 
li'om  me  all  the  assaults  of  Satan  in  the  hour  of 
my  death.  O  my  dearest  Lord  Jesus,  who  bast 
spoke  comfoitably  to  the  penitent  sinner  on  the 
cross,  cull  to  my  dylner  heart,  and  speak  com- 
fort and  consolution  to  It ;  assist  me,  that  in  my 
last  necessity,  througrh  i\ry  help,  I  may  happi-, 
)y  overcome ;  and  v^en  I  can  speak  no  more, 
accept  of  my  si<^l)S  in  mercy,  and  let  me  con- 
tinue on  heir  of  eternal  happiness,  forihe  sake 
of  .tliy  most  holy  blood,  which  thou  hast  shed 
for  me.  Amen.  Lord  Jesu  Christ,  my  lord 
and  Saviour.     Amen.  Amen. 

O  Jesu,  receive  my  poor  soul  into  thy  hands, 
then  shall  I  die  thy  sen'ant.  My  soul  I  com- 
mend to  thee,  and  then  I  shall  feel  no  pain  nor 
sorrow.    Amen.  Amen.  Amen. 

Tlvese  ejaculations  are  parts  of  such  spiilt'ual 
aonofs,  as  are  oaually  &ung  in  the  .LtilheFaft^ 
Churches. 


^  My  wants  and  my  necessities 
^*^  Je«us,  I  entrust  wiOi  U 


thee. 


Let  thy  good  will  protect  me  Lord, 
And  what's  most  wholesome,  grant  thou  nxe^ 
3.  Christ  is  my  life,  death  is  my  gain, 
If  God  be  for  me,  I  am  safe. 

3.  My  I-iOrd,  my  God,  O  pity  me, 
With  free,  with  undeserved  Grace ! 
O !  think  not  on  my  grievous  sins. 
And  how  I  have  denied  my  soul. 
When  in  my  youthful  days  I  err'd. 
Against  thee  Lord,  thee  hare  I  mnnM  ; 
Sinn'd  then,  and  do  sin  every  day : 
Thee  I  intreat  through  Christ  1  mean. 
Who  was  incarnate  for  my  sins. 

4.  Consider  not  Lord  Jesus  Christ, 
How  heinous  my  transgressions  are  ; 
Let  not  thy  precious  name,  O  Lord, 
Be  lost  on  this  unworthy  wretch. 
Thou'rt  called  a  Saviour,  so  thou  art 
With  mercy  Lord,  look  on  my  soul. 
And  make  thy  mercy  sweet  to  me  ; 
Sweet,  Lord,  to  all  eternity. 

5.  Almighty  Jesus,  son  of  God, 

Who  hast  q>peased  th  v  father's  wrath : 
I  bide  myself  within  thy  wounds ; 
Thou,  thou,  my  only  comfort  art. 
Amen,  thou  art,  so  let  it  be : 
Give  to  my  faith,  give  greater  strength  ; 
And  taike  from  me  all  doubts  away ;  . 
What  I  have  pcay'd  for,  give  me  Lord. 
In  thy  great  name  mv  soul  hath  pray 'd  ; 
And  now  her  joyful  Amen  sings. 
Ask,  and  ye  shall  have. 

THE  CONFESSION 

OF 

GEORGE  BORODZYCZ, 

The  Polonian,  signed  with  his  own  Hand  us 
Prison,  before  bis  Execution. 

I  Geoige  Borodzycz,  do  here,  in  few  words, 
intend  to  make  known  to  the  world,  how  1  earae 
into  the  service  of  count  Coningsmark.  About 
eighteen  months  ago,  I  was  recommended,  by 
letters  to  the  quat&p-master  general  Kemp  at 
Staden ;  and  from  thence  |  was  to  be  sent  to 
the  count  at  Tangier ;  but  by  reason  of  the 
hard  winter,  I  was  slopt,  for  the  ship  in  which 
I  was  to  go,  stuck  in  tue  ieetn  the  river  Elbe ; 
this  made  me  stay  till  fucther  order.  In  March 
last,  I  received  a  letter,  which  ordered  me  to 
go  and  stay  in.  a  manor  belonging  to  the 
count  in  the  bishoprick  of  Bi-emen,  and  there 
expect  new  orders  from  the  count.  At  last  I 
received  a  letter,  with  onlers,  to  come  by  land 
for  lilolknd ;  but  destitujte  of  an  opportunity,  I 
staid  till  the  18th  of  November,  1681.  And 
then  new  orders  came,  that  I  should  come  for 
England  to  tlie  count's  brother,  where  I  should 
fe^  horses,  and  convey  them  to  Stras^uigh. 
And  accordiiigly  I  left  Uambur gh  the  24th  of 
December,  1681,  and  was  at  sea  till  tlie  4th  of 
February,  1683.  When  I  came  to  London, 
I  lay  the  first  night  in  the  city,  hanl  by  the 
•Royal  Exchange,  at  one  Blocks;  and  from 
thence  I  was  conduct*^  to  the  count's  brolber, 
and  from  thence  to  the  count  himself,  who  wss 
to  ^  my  master ;  When  I  csme  to  him,  capt 


itt)      STATE  TRIALS,  S4  CiLuaBS  th  l662.^M<i  Man,  for  Murisr.      [122 


Fiatz  beiog^  with  him,  my  lord  ttld  me,  I^ 
iboHiii  be  with  CApt.  Viuts  three  days,  tiU|hi9, 
I.  e.  the  oonnt's  faBange  and  goods  be  had  on 
ikipboord,  came.  Whereapon  the  eaptsm  sakl 
he  wouU  send  his  mao  lor  me  neict  day,  which 
was  8mida]j',  which  he  did  aocordingl^f^.  I 
weat  with  his  man,  and  my  lord  diarged  me,  I 
should  do  what  oapt  Vrata  should  oraer  me  to 
do.  I  went  thereupon  to  my. chamber/  and 
ssid  the  Lord's  Prayer.  On  Sunday,  about 
one  of  the  dock,  came  op  the  eaptstn's  man 
ftr  me,  and  brought  me  to  the  captain. 
WheQ  I  saw  him,  hetold  me;  <<  It  is  weU  yon 
are  come,  ihr  I  have  a  quarrel  with  an^n^ish 
gentleman  ;  I  did  finrmerly  send  him.  two  cbal- 
K^ges,  but  he  answered  mem  not ;  whereupon 
eoont  Coningsmark  and  myself  went  forFrance; 
but  that  gentleman  sent  six  fellows  after  us  who 
were  to  kill  the  count  and  me.  Accordingly 
they  came  on  us,  the  count  received  two 
wounds,  we  killed  two  of  them,  and  I  am  now 
eotne  hither  to  attack  that  gentleman  in  the 
open  stieelB  as  a  murderer ;  and  as  he  hath 
begun,  so  I  will  make  an  end  of  it. "  Whereupon 
lie  gaTe  me  the  gun,  which  I  Should  make 
use  of  to  kill  him.  When  hereupon  I  pleaded 
with  capt.  Vratz,  and  shewed  myself  unwilling, 
saying,  that  if  we  were  taken,  we  should  come 
to  a  very  ill  end.  He  answered,  I  need  not 
trouble  myself  about  that,  if  we  should  be  taken 
sruoners,  it  was  be  that  must  suffer  for  it,  not 
1 ;  and  for  my  service,  he  would  recommend 
me  to  count  Coningsipark ;  whereupon  I 
thought  with  myself^  that  it  might  be  hei-e  as  it 
is  in  Poland,  viz.  Where  a  servant  doth  a 
thmg  by  his  master's  order,  the  roaster  is  to 
su/l&  for  it,  and  not  the  servant. 

We  i«  cnt  therefore  soon  after  for  our  horses, 
and  rid  tot^-ard  the  Pallmall.  The  captain  told 
me,  I  will  stop  the  coach,  and  do  you  fire  upon 
ihe  gentleman ;  which  was  done  accordingly. 
Lord  have  mercy  upon  me, 

I  am  beortiK  sorry,  that  my  honest  parents 
n«st  receire  tnis  unwelcome  news  of  me ;  the 
jifan^hty  Goil  take  care  of  my  soul.  I  have 
gieat  confidence  in  Almighty  Crod,  and  know 
Sttthehath  offered  bis  iiten  upon  the  cross, 
for  the  sins  of  all  mankind.  Therefore  I  be- 
here,  that  satisfaction  was  also  made  for  my 
atos ;  and  in  this  ftith,  in  the  name  of  God,  I 
will  die.  Lord  Jesu  give  me  a  happy  end,  for 
tby  bitter  death  and  passion  sake.    Amen. 

What  pity  it  is,  that  I  should  be  about  the 
space  of  jwven  weeks  upon  the  sea,  betwijct 
Hanfbnrgh  and  London,  and  in  great  danger 
d&y  and  night,  and  yet  should  fall  at  last  into 
this  unexpected  mi^fortdne !  I  can  bear  wit- 
ness, witn  a  good  conscience,  t)iat  I  knew 
aotbiog  of  the  bnsiiiess  aforehand  t  The  great 
God  pardon  those  men  that  have  brought  me 
10  thK  fall ;  God  keep  every  mother's  child 
frDiD  ail  such  disasters,  for  Christ  his  sake, 
inm. 

4od  I/Jceire  the  doctor  to  pray  for  me,  and 
to  let  all  the  world  know  my  innocence  after 
IliD dead,  that  men  may  see  and  fear.  . 

Gborge  BonosKT. 


PonVGttlFT. 

The  fieutenant  did  ofWn  desire  that  their 
examinations  before  the  justices  of  peace  might 
be  published  with  their  other  papers ;  for  then  by 
the  questions  put  to  them,  all  particuUrB  weit 
brought  to  their  remembiance,  which  in  the 
condition  in  which  they  were,  they  could, not 
otherwise  recollect  so  orderiy ;  and  both  he 
and  (he  Polander  did  always  refer  themselvei 
to  those  examinations,  and  to  the  last  averred 
the  truth  of  them  in  every  particular ;  there^ 
fore  it  vras  thought  necessary  to  publish  them 
together  vrith  their  other  contessioos.  ^ 

THE  EXAMINATION 

OF 

LIEUTENANT  JOHN  OTERN, 

Taken  before  Sir  John  Reresby,  baronet, 
and  WiUiam  Bridgman,  esq. ;  two  of  his 
Majesty's  Justices  of  the  Peace  of  the 
county  of  Middlesex,  Feb.  17, 1682. 

This  examinate  saith  that  seven  months  age 
he  .came  into  England,  and  lodged  at  ^ 
Amsterdam  Ordinary.  That  about  five  Weeka 
after  captain  Vratz  came  and  lodged  in  the 
next  room  to  him,  and  in  a  few  days  made  an 
acquaintance  with  him,  and  said  to  him,  It  is 
dear  living  here,  but  as  long  as  I  stay  it  shafl 
cost  vou  nothing.  This  place  is  dear,  1  will  go 
and  fodge  at  another  place.  Acx»rdingly  they 
went  to  an  house  in  St.  Nicolas  lane,  where 
the  captain  paid  for  him.  Tbat  the  captain 
told  hira,  he  had  a  quarrel  with  a  gentleman 
with  whom  he  would  nght,  and  that  be  wanted 
a  good  servant  or  two.  That  abgut  l4  days 
alter  the  captain  went  out  one  morning,  saying 
he  woulci  return  in  the  afternoon,  but  that  he 
sent  for  his  bdots,  and  came  not  again  ;  that  a 
certain  taylor,  who  wrought  for  me  captain, 
came  and  discharged  the  lodgings.  That  the 
Sunday  following  he  received  a  letter  from  the 
captain,  excusing  his  going  away,  and  saying 
be  would  return  in  eight  days/  but  he  came 
not  in  nine  or  ten  weeks,  that  in  the  said  letter 
ihe  captain  directed  him  to  go  and  lodge  at  the 
Amsterdam  Ordinary,  or  one  Back's,  saying 
he  would  defray  his  charges.  That  the  captain 
came  to  town  again  a  clay  or  two  after  the 
Morocco  ambassador  had  been  to  see  the 
gfuards  in  Hyde  Park.  That  the  examinate  thea 
meeting  the  abovementioned  taylor  (who  is  now 
prisoner)  with  the  captain's  sword,  which  be 
knew,  the  taylor  told  him  the  captain  de^red 
he  would .  come  and  see  biro  ;  that  be  accord- 
ingly went,  but  nothing  past  between  them 
then  of  any  moment.  That  the  next  day  the 
captain  came  to  him,  and  began  to  disconrsa 
again  about  his  quarrel,  repeating  that  he 
wanted  a  good  .servant  -or  two,  for  he  would 
fight.  That  about  9  or  10  days  affo  the  captaia 
told  him  he  should  have  a  goou  servant  sud« 
denly ;  and  that  if  he  this  examinate  would 
assist  him  the  captain,  he  would  make  his 
fortune.  That  the  captain  gave  him  money  t» 
buy  a  musquetoon,  which  he  did  accpi^ingly* 
That  this  day  sevennight  the  captam  boi^^ 


U$]   STATE  TRIALS,  UCuamlUb  II.  t68t««^rrM/  of  Cemi  Omingturk    [IM 


three  hones,  aad  the  tey  after  said  to  this  ^ 
•tamitttfte,  I  ttiust  h«t«tlie  rOgfHe  tiow.  Next 
day  hem^  Saiiday  about  noon,  ithen  the  P6- 
Ibddfer  catbe  th«  caMam  said  to  this  enmiitate, 
Mttw  I  hat«  got  a  bftt^«  M<m$  and  bo  liie 
captain  went  to  the  Polander  into  anotheir  hmmh, 
•M  wheii  ha  oasie  buk  to  this  ^EaitoiiMtie,  he 
•aid  lobiiB)  this  Is  «  bntve  lUloir  mdeed*  f<rr 
lie  says  thoae  that  will  Hot  fi^ht  must  be  killed. 
That  ailer  dinner  Uie  oaptain  s^nt  out  one  oT 
hte  s^hii^ants  to  know  whether  the  gentliniiftii 
Wkh  whom  be  had  a  i^ar^el,  went  out,  that 
the  serraat  kought  word  he  was  gone  out, 
whereupon  the  captain  put  on  hisMoto,  and 
cent  this  eKaninotefor  two  horses,  t6  be  brought 
to  the  Bladk  Bull  in  Holbom ;  soon  ailer  which 
another  person  brought  a  third  horse,  and  then 
the  captain,  the  jPolander,  and  this  examinate 
got  on  horseback,  and  went  towards  Charing- 
otoss,  and  hanng  gone  ftirther  in  the  PaUmdl, 
this  examinate  bein^  about  ten  yards  behind  the 
coach  (which  he  had  met  apd  passed)  heard  the 
captain  say  stop  or  halt  to  the  coecfatnan,  and 
presently  heard  a  shot,  and  saw  tiie  fire,  upon 
which,  he  turned  abaut,  and  saw  the  other  two 
persons  ride  away  whom  he  followed* 

The  examinate  bemg  gone  out  of  the  Toom) 
and  desirioff  to  be  brought  in  agiin,  forther 
paid,  that  &e  captain  hath  often  told  him,  that 
he  would  giro  two,  Uiree,  or  ftur  hnndrad 
crowns  to  £md  a  man  to  kill  Mr.  Thynn. 

His  further  EXAMINATION,  taken  the  igth 
of  February,  1688. 

Hesaitli  that  he  had  it  in  his  thoughts  twice 
la  go  to  Mr.  Thjrnn  and  acquaint  him  that  to 
^  cafytain  was  resolved  to  kUl  him.  That  the 
'  captain  desired  him  to  get  an  Italian  that 
would  9tab  a  man,  and  that  he  this  examinalc 
would  get  two  poniards  made :  and  aakinff  the 
captain  bow  he  would  have  them  tMule  r  the 
captain  took  pen,  ink,  and  paper,  and  made  a 
drought  of  them,  adding  that  if  he  could  find 
.  sUoh  an  Italian,  he  would  ^Te  him  three  or 
fsnr  hmnlred  erowns,  that  tbis^  was  before  the 
Polottder  came  over.  l%at  upon  the  same  day 
when  the  muider  was  committed,  the  captain 
hid  him  charge  the  musauetoon  with  fifteen 
boUets,  whereupon  he  repued,  that  then  they 
ahauM  kill  the  footmen,  and  aU  about  the 
coach;  the  captain  answered,  it  matters  not 
lor  that.  That  this  examinate  charged  two 
pistols  »one,  hut  put  only  *five  or  aix  hnllets 
m  the  muaywLtnon.  That  some  cf  the  baUeis 
were  wrspt  op  in  rags,  with  roain  powdered, 
which  Wovkl  bnm.  That  he  heard  the  cap- 
tain cay  (as  he  tbkks  to  the  PoUmderUfaflit  if 
tiw  dove  ot*Nonnioutfi  were  with  Mr.  Thynn, 
■dthing  HivBt  he  done.  That  the  capaain  told 
hbs,  ?  he  would  assist  him  in  this  hnsineas, 
he  wccM  pTtwuK  Um  the  oommand  of  a  com  - 

Ky .  That  he  sitting  one  day  melanehdy  by 
mMt  the  oaptain  came  to  him,  and  aaked 
himwhsEthasiMd?  Wheieupon  this€inroinaa;e 
■aid,  that  he  had  dreamed  that  four  dogadid 

1«t  hias,  hot  that  two  were  chaiiiad,  and  the 
HTOmght  hohl «f  ^;  upo^  which  Ihe 


eaptahi  steiied  oonoemed,  but  presentfy 
pMcked  out  a  letter  which  Was  signed  Conmgc-* 
mai^  m  which  was  eaipresaed  that  the  count 
gnre  the  teptain  fnll  poWr  to  dispoae  of  tii« 
captain.'ti««ftenant*s  place  of  his  regmiettt,  say- 
hiff  at  the  same  thne  (Ibis  .^caminate  not  beim^ 
Wtftingto  receive  the  letter  at  Ifirst),  What  do 
yon  Imnk  I  Would  he  one  of  the  dogs  to  bite 
MT  deeelte  you  f  That  he  afleruards  saw  Co* 
wante  the  end  of  the  letter  the  figures  of  ^MM> 
(which  he  thinles  was  to  expt«to  rilt  dollars) 
Imt  what  they  concerned  or  rehited  to,  he 
knows  not,  for  being  he  had  seen  the  power 
to  dispose  o(  the  coffipany,  he  read  no  fhrther. 

JoH^i  ReR£SBT. 
WnxUM  BUDGMAM. 


kai* 


THE  EXAMINATION 


OF 


GEORGE  ^OROSKY, 

A  Polaiider,  the  17th  of  February,  1683,  before 
Sir  J.  Reresby,  bait.,  and  William  Bridg- 


man,  esq.,  two  of  his  Majesty^s  Justices  ^f 
the  Peace  for  the  county  of  Middlesex. 

Who  saith,  That  he  came  into  England  by 
the  desire  of  count  Coningsmaric,  (expreMea 
Id  him  by  his  merchant]  at  HBmbui;^h)  hot 
knew  not  for  what  cause ;  but  afU»>  he  came, 
eottUt  Coningsmark  told  him  on  Satniday  the 
11th  instant,  that  he  had  a  quarrel  witn  an 
Eqglish  geiMlemaa  that  had  set  six  persotts 
upon  him  upon  the  road,  in  which  conflict  he 
was  wounded,  and  two  of  the  assailants  weie 
killed.  Therefore  since  the  said  Mr.  Thynn 
did  attempt  for  to  kill  him,  he  would  make  afk 
end  of  it.  He  further  said,  to  morrow  will 
come  a  certain  sertant  to  conduct  yon  to  the 
oaptain,  and  what  he  bids  you  to  do,  that  yoti 
are  to  obeerre.  That  a  person  oanfO  on  Sun- 
day morning  about  11  o'clock  accordingly,  anQ 
carried  him  to  another  house,  where  he  found 
the  person  that  conveyed  him  to  tlie  captain, 
who  toM  him  that  he  mi^  do  what  he  hid  hhn 
to  do,  giving  him  a  muequetoon,  a  case  cf  nislak 
and  a  packet  pistol,  he  having  a  sword  before 
riven  him  by  the  count ;  and  the  captain  fifr* 
nier  added,  repeating  k  five  or  six  times,  wheh 
we  ^  out  together,  if  I  stop  a  coach,  do  yon 
fire  inlo  it,  and  then  follow  me.  They  accord* 
ingfly  took  horse,  amd  when  they  itaet  the 
OMch,  Ihe  oaptain  having  a  pistol  in  his  hand, 
cried  la  the  coach,  hold,  and  at  the  same  time 
bid  this  examinate  fire,  which  he  #1  accordiiM^ 
ly .  That  he  being  finther  examined  as  to  Mr. 
Hanson's  knowing  any  thing  of  this  matter, 
he  saith  he  dodi  not  know  that  he  doth.  That 
as  to  the  arms,  there  was  a  blundeihnss,  two 
swords,  two  psff  of  pistols,  three  pocket  pietoh, 
two  pair  of  boots  tied  up  together  in  a  land  of 
sea-bed,  and  dehvcired  to  l>r.  Dnbsnrfin  a 
German  dociar,  who  reoeived  them  at  his  ow^ 
house,  Jtmn  Reuksby 

William  Bmdoiun. 


\Vil      STATE  TRIALS^  34  Chaum  IL  16t%^^'md  MiBr$,Jbr  Murier.      [itS 


fiKUABKS  on  the  Trial  of  Count  CoMD^oiikARi:,  by  Sir  Johk 
Hawi^e3^  SoUcitor-Geueral  in  the  Beign  of  King  William  the 
Third. 


I  ikmk  fit  t6  remnwifcnr  m  tfaa  ttmc  raepD, 
AoQgii  before  tbb  time,  one  oaBe,  to  Arm  kow 
tbe  coHFta  of  jv^ice  were  reniitt  m*  vioksit, 
teeordng  to  Im  mlijeet  matter. 

All  will  agree  that  the  mufder  of  Mr. 
Thyme  was  one  of  tiie  most  barinrons  and 
ioiMHleBt  murdem  that  ever  was  eommitted ; 
iM  of  tliat  murder  oonad  ComDgsiiark,  thoogli 
he  escaped  ponisbmeDt,  was  the  most  guilty. 

I  do  not  oom[dain  that  in  that  trial  the  chief 
joitice  direelcd.the  piiaoner  the  way  to  make 
the  king^s  eoimsel  anew  tfaecauae  or  cfaaHenge 
aeaittst  the  penons  called  on  the  jury,  and 
ifafleoged  ibr  ihe  kingr,  without  asT  reason : 
It  was  his  duty  so  to  do;  and  he  ouctit  to  have 
diieded  Fitmharris  the  same  method  which  he 
did  not:  but  he  was  Blameabie  that  he  did  not 
ask  the  iieutoiabt  and  Polander  what  they 
had  to  any  for  themselTes,  which  was  always 
done  before  and  since  that  time,  and  ought  to 
be,  which  was  an  injustice;  %nd  therefore  two 
of  the  prisoners  at  the  time  of  their  sentences 
flud,tbeyweie  never  tried,  though  I  beKeve 
no  gre«t  injary  to  them,  because  they  had 
little  or  nothing  to  have  said  for  themselves. 

But  if  they  liad  been  asked,  they  would 
have  said,  as  tney  did  before  their  trials  to  ^be 
justice  of  peace  who  committed  them,  and  as 
ifaey  ^d  aHer  their  oondemnationfl,  that  count 
Coninesmark  put  them  upon  doing  what  they 
did,  whidi  might  have  iimiienced  the  jury  to 
have  found  the  oount  guilly,  which  was  con- 
trary to  the  design  of  the  court ;  and  it  was 
ftrthe  same  reason  the  chief  justice  would 
not  permit  the  justice  of  peace  to  read  the 
essmination  of  Stem  and'Boroeky. 

1  da  agree^  that  what  they  said  before  the  jus- 
tice of  peace  was  not  evidence  against  the  oonnt ; 
I  agree  that  the  count  being  imUcted  and  tried 
as  aoeeasavy,  at  the  same  time,  the  principals 
wcra  indicted  and  tried,  tiie  principals  couM 
not  be  good  witness  against  the  count,  be- 
cause properly  a  principal  ou^t  to  be  opn- 
victed  before  the  accessory  be  tried  ;  and  there- 
fore, though  for  expedition  both  are  ti'ied  toge- 
ther, yet  the  verdict  always  is,  and  ought  to  be 
given  against  the  principal,  before  that  of  the 
accessory. 

But  I  deny  what  was  in  that  trial  hud  down 
ftr  law,  that  tiie  aiccessery  being  in  the  same 
iaSctraent  with  the  principal  must  be  tried  at 
the  sane  time.  It  is  tme,  the  count  desired 
his  trial  might  be  put  off  for  two  or  three  days, 
vhieh  the  court  knowing  what  was  best- tor 
tbe  count  denied,  and  not  for  the  above  pre- 
teamed  reasans;  for  an  indictment  against 
many  may  be  joint,  ^nd  yet  the  trials  may  be 
isferal  ^  Ae  truth  is,  in  such  cases  the  indict- 
SaeBl  ia  joint  and  several. 

AappMe  the  neeeasory,  at  the  triah  of  the 


prine^nla,  had  not  bean  in  custody;  wiO  any 
person  say,  that  if  aftetwaids  he  was  taken, 
ho  canH  l»e  triad  upon  that  indkstment  in  which 
he  was  joined  with  the  principals  P 

Bui  basidca  a  hundred  pteoedents  not  printdl 
there  is  the  case  of  George  Salisbury  et  al<  hi 
Plowden,^  )00.  whete  il  was  lesohod  thikl 
though  an  iadietnont  against  many  is  jomt^ 
yet  ttie  Venire  may  he  senaral  against  each 
person  and  consequently  the  trials  may  be  se- 
veral ;  and,  if  so,  then  the  times  of  the  toiala 
nw^  be  several;  but  that  which  into  be  o6qi. 
plainedof  is,  that  the  count,  in  the  opinion  of 
allnaankind,  at  that  time  andsinee^  was  the 
most  guiHy  man ;  yettheoare  taken  to  pniush 
the  less  guilty,  as  Stem  and  Borosk^,  was  in 
order  to  let  the  most  ffuflty  escape ;  lor  I  think 
both  Stem  and  Borosky  might,  tod  would  have 
been  good  witnesses  against  the  count,  if  the 
court  would  have  permitted  it.  The  count 
might  have  been  indicted  as  accessory  to  Vrats 
only  ;  for  the  accessory  to  all  the  principals  is 
accessory  to  every  of  them  severally :  ana  when 
the  court  in  their  private  consciencen  were  sa- 
tisAed  the  count  was  most  guilty,  they  ought 
to  have  been  cunning,  astuti^  as  my  lord  Ho- 
bart  calls  it,  to  have  brought  him  to  punish- 
ment. But  it  was  said,  Stcra  and  Boroskjt 
being  indicted  of  the  same  crime  with  the 
oount  th^  could  not  be  good  witnesses  against 
him,  which  I  think  is  no  more  law  than  truth : 
Truth  it  wasitot,  for  the  count  was  indicted  a* 
accessory,  the  rest  as  principal^.  But  takinr 
it  that  idl  were  indicted  and  tried  as  priqctpaB 
for  the  same  fact  at  the  same  time,  why  i$  not' 
the  evidence  of  the  one  good  against  the  other  f 
First,  I  think  there  is  no  express  resolution  fhr 
that  point  of  law,  but  a  late  rule  given  nl 
Kingston  assizes  upon  the  tri^l  of  a  nyud  aiid 
one  Saterwaite  |br  bummg  of  an  boose  ^  and 
therelbre  there  is  a  Uberty  to  examine  hf  rea- 
son how  the  law  is.  I  agree  if  a  man  is  iq- 
^cted  and  tried  for  kSKng  onother,  he  shall 
,  not  be  admitted  to  say,  Bf  did  it  by  himself^ 
but  T  think  he  may  be  a  good  witness  to  prove 
that  he  and  B.  did  it ;  thaf  is  to  say,  he  shall 
not  give  any  evidence  against  anotner,  which 
tends  to  acquit  himself  as  well  as  accuse  ano- 
ther; and  I  think  he  m^y  give  erid^nee  whi^^ 
accuses  another  of  the  same  crinte  wliereof  he 
is  indicted,  if  it  doth  not  teiid  to  acqi^  him-> 
self. 

For  it  is  egreed  on  dl  hands,  that  behi^ 
guilty  of  the  i^me  crime,  doth  not  disahlQ.  a 
witness ;  for  then  Kumsey  ^nd  several  pi^on^ 
in  the  lord  Bussers  plot,  aa  it  waa  called,  haff 
not  been  good  witnesses.  In  the  ne)[t  plaoo, 
the  circumstance  of  an  indictment  against  tbO 
witnesses  for  the  same  thiiK^he  testifies  againirt 
another,  do  not  disable  him;  Widdrington  was  ln< 


127]  STATE  TRIALS,  34CHAftLBS  tl.  l6li2^^Trial  of  Lord  Grey  and  ctken,  [129 


dieted  for  the  same  thinffs,  of  which  he  gare  en  • 
dence  against  several  otners  as  his  complices  in 
robberies.  Nay^tbelaw  hath  given  somewhat 
more  .credit  to  the  evidence  of  a  person  bdicted 
as  a  witness  of  the  same  thinffs  against  others, 
than  it  does  to  a  person  not  indicfeed ;  as  in  the 
casepf  an  approver,  which,  as  Stamford  (S.  P. 
C.  Lib.  S.  c.  53.)  says,  was  a  penon  in  prison 

Siot  at  large)  for  the  fact  for  which  he  was  in- 
ctod,  arraigned  upon  an  indictment,  or  an 
appeal  of  felony,  who  before  a  coroner  assigned 
hy  die  court,  confesses  himsell'  gnflty  of  the 
felony  of  which  he  is  indicted,  and  not  of  any 
other,  and  confesses  other  persons,  naming  them 
as  coadjutors  with  him  in  committing  the  crime 
of  whicii  he  is  indicted,  and  not  <jf  any  other 
crime ;  so  much  credit  shall  be  given  to  that 
confession,  that  process  shall  be  made  out 
«ffainst  the  person  impeached,  who,  if  taken, 
aball  be  arraigned  on  that  opproTement,  as  if 
an  indictment  by  a  grand  jury  had  been  found 
against  him :  and  if  the  law  gives  so  much 
credit  to  an  approver,  I  think  no  person  can 
shew  me  a  reason  why  a  person  indicted  is  not 


a  good  witness  against  pother  ibr  the  ssima 
crime. 

It  is  true,  Stamford  (8.  P.  C.  lib.  2.  c.  58.) 
says,  if  the  king  jg^ves  an  approver  a  pardon^ 
he  is  a  good  witness  ;  which  implies,  that 
otherwise  he  is  not :  But  it  must  be  considered, 
that  the  reason  of  that  is,  that  an  approver 
being  indicted,  as  he  always  is,  and  conressihg' 
the  indictment^  is  convicted ;  and  a  person  con* 
victed  of  felony  cannot  be  a  witness  till  par- 
doned. But  it  will  be  no  argument  why  Steam 
and  Borosky  had  not  been  good  witnesses 
against  the  count  before  they  were  convicted  ; 
and  it  was  a  like  piece  of  justice,  that  whereas 
the  count  wa^  the  moat  guilty,  he  was  ac- 
quitted. 

Vratzbeingthe  next  greatest  offender,  was 
honourably  interred,  and  Stem  and  the  Pom 
lander,  who  were  the  least  offenders  in  that 
matter,  were  hanged  in  chains. 

It  was  somewhat  like  the  new  England  law, 
remembered  by  Hudibras,  (Part  2.  Canto  S.)  of 
hanging  an  useless  innocent  weaver  for  aa 
useful  guilty  cobler. 


C90.  The  Trial  of  Fohd  Lord  Grey  of  Werk,  Robert  Charnock, 
Anne  Charnock,  David  Jones,  Frances  Jones,  ai^d  Re- 
becca Jones,  at  the  KingVBench,  for  a  Misdemeanor,  in 
debauching  the  Lady  Henrietta  Berkeley,  Daughter  of  the 
Earl  of  Berkeley :  34  Charles  II.  a.d,  1682* 


There  having  been  an  Information  nie- 
f erred  against  the  right  honourable  Ford  lord 
Grey  of  W^rk,  and  others,  by  his  nu^enfy's 
attorney -general  sir  Robert  Sawyer,  the  first 
day  of  this  Miohaebnas-Term  ;  and  the  lord 
Orey  having  then  pleaded  to  it  Not  Guilty, 
and  the  other  defendants,  the  like  afterward, 
and  the  king's  attorney  joined  issue  upon  it ; 
Tuesday  the  S  1st  of  November  16&2,  was  ap- 
{MMnted  for  trial  of  this  cause ;  but  it  was  then 
a4ioumed  to  this  day,  because  one  6f  the  wit- 
nesses fiir  the  king  was  not  ready ;  but  this 
day  it  came  on  about  nine  in  the  morning  at 
the  King's- Bench-bar,  and  hdd  till  two  in  the 
afternoon,  all  the  judges  of  the  said  Court  bein^ 
present :  viz.  Sir  Francis  Pemberton,  C.  J.  sir 
Thomas  Jones,  sir  William  Dolben,  and  sir 
Thomas  Raymond. 

First,  Proclamation  was  made  for  silence, 
and  then  for  information,  if  any  person  could 
give  any,  conoeming  the  misdemeanor  and 
offence  whereof  the  defendants  stood  im- 
peached :  then  the  defendants  being  called, 
and  appearing,  were  bid  to  look  to  their  chal- 
lenges, and  the  jury  being  all  gendemen  of  the 

*  See  Emlyn's  Preface,  vol.  1,  p.  xzxIf,  of 
ftu9  Collection.  4  Bkdutone's  Conunenta- 
/ies  0^,  and  Mr.  Christian's  Note.  4  Hawk. 
Pleas  of  the  Crown,  p.  409.  410,  7tli  edition, 

a  Leach,  and  the  books  there  cited.   East's 
Cr.  chap,  il,  sect  10,  chap.  9,  sect,  3. 


county  of  Surrey,  were  called,  challenged  and 
sworn  in  this  oraef. 

CL  of  Cr,  1.  Sir  Marmaduke  Gresham ;  i 
Sir  Edward  Bromfield ;  S.  Sir  Robert  Knight- 
ley;  Sir  John  Thompson. 

Serj.  Jefferiet.  We  challenge  him  for  tha^ 
king. 

Mr.  Holt.  Then  we  challenge  tauti  per 
atfaiUy  unless  the  king  shew  his  cause  of  chd- 
lenge ;  for  by  the  statute  of  24  Ed.  1,  the  king 
cannot  challenge  without  cause. 

Seirj.  J(^.  But  by  the  course  of  practice,  all 
the  pannel  must  be  called  over  before  the  long 
shew  his  cause. 

Mr.  Attorney  Oeneral.  (Sir  Robert  Sawyer) 
Before  the  party  can  have  his  challenges  al- 
lowed, he  must  shew  his  cause;  but  they 
must  go  on  with  the  pannel  in  the  king'^  case, 
to  see  if  the  jury  be  full  without  the  persona 
challenged,  and  that  is  sufficient. 

X.  C,  J.  (Sir  Francis  Pemberton.)  If  they 
challenge  any  persmi  for  the  kiiu^ ,  they  must 
shew  cause  m  due  time.  For  I  take  the  couise 
to  be,  that  the  king  cannot  challenge  without 
cause,  but  he  is  not  bound  to  shew  his  causa 
presently  ;  it  is  otherwise  in  d^  case  of  ano- 
ther person. 

Serj.  J#  That  hath  always  been  the  re- 
gular  course. 

Mr.  Holt.  Our  challenging  toutg  per  availe^ 
doth  set  all  the  rest  aside  til!  cause  be  shewn. 

JLC.J.  The  statute  is,  the  king  shallahev 

a 


TRIALS, 


^     li^^^^J"  !i.^u"^**S  I  n<>"«ble  Ford  lord  Grey  of  Wei*;   Robert 
aiKi  m^er  wrty    that  they  botK    Chamock.  late  of  the  paVish  of  sT-BotohA, 

flhRll  «hew  «„«.    Aldeate,  London,  gent  Anne  Chamock,  Wife 

of  the  said  Robert  Chamock  ;  David  Jones, 
of  the  parish  of  St.   Martin-in-the- Fields,  in 
the  county  of  Middlesex,  raiUiner  ;    Frances. 
Jones,  wife  of  tlie  said  David  ;  and  Rebecca 
Jones,  of  the  same,  widow ;    for  that  they 
(with  divers  other  evil-disposed  persons,  to  the 
said  attorney  general  yet  unknown)  the  20tk 
day  of  August,  .in  the  34th  year  of  the  reign 
of  our  sovereign  k)rd  the  king  that  now  is,  and 
divers  other  days  and  times,  aa  well  before  a^ 
after,  at  the  parish  of  Epsom  in  the  county  of 
SuiTey,    falsely,    unlawfully,    unjustly,    and 
wickedly,  by  unlawful  and  impure  wajs  and 
means,  conspiring,  contri\  ing,  practising,  and 
intending  the  final  ruin  and  destruction  of  tlie 
lady  Henrietta  Berkeley,  then  a  virgin  unmar- 
ried, within  the  age  of  10  years,  and  one  of  the 
daughters  of  the  ri^lit  honourable  George  earl 
of  Berkeley  (the  said  lady  HenrietU  Be^eley , 
then  and  there  being  under  the  custody,  go- 
vernment'and  education  of  the  aforesaid  right 
honourable  George  earl  of  Berkeley  her  father) 
they  the  said  Ford  lord  Grey,  Robert  Char- 
nock,  Anne  Chamock,  David  Jones,  Frances 
Jones,  and  Rebecca  Jones,  and  divers  other 
persons  unknown,  then  and  tliere  falsely,  un- 
Ia\vnUly,  and  devilishly,  to  fulfil,  perfect,  and 
bring  to  effect,  tlieup  most  wicked,  impious, 
and  devilish  intentions  aforesaid  ;  the  said  lady 
Henrietta  Berkeley,    to  desert  the  aforesaid 

H.  B.  ad  deferend'  prefat'  prenobifem  G.  C  B. 
patrem  pred'  Dom'  H.  et  ad  Scortac'  fornicat* 
et  adulteiium  committend'  et  in  scortat' for- 
nicat' et  adulter'  cum  prefat'  F.  D.  G.  (eodeni 
F.  D.  G.  adtunc  et  diu  antea  et  adhuc  marito 
existen'  Dom*  Marie  al*  fd'  pi«d'  prenobir  G. 
C.  B.  et  sorer'  pred'  Domine  H.)  contra  omnes 
leges  tarn  divin'  quam  human*  impie  nequit* 
impure  et  scandalose  vivere  et  cohabitare  tenta- 
ver'  incitaver'  et  solUcitaver'  et  quilibet  eorum 
tunc  et  ibidem  tentavit  incitavit  et  sollicltavit 
Etquod  prcd'  F.  D.  G.  R.  C.  &c.  ac  aP  pei-son* 
ignot'  VI  et  armis,  &c.  iUicite  injaste  sine  li- 
centia  et  contra  voluntat'  preiat'  prenobil'  G. 
C.  B.  in  prosecution'  nefandissimar'  conspirac' 
suar'  pred'  prefat'  Dom'  H.  B.  ibidem  circa 
horam  12  in  nocte  pred'  20  diei  August'  Anno 
suprad'  apod  pred'  Pai-och'  de  E.  m  Com'  S. 


the  king  and  another  party 

challenge,  the  other  pwty  shall  shew'  cause 

first. 

Mr.  Hoi£,  My  loid»  we  challenge  toutx  per 
rntaile. 

'   I^C,  J.  You  must  shew  a  reason  lor  it  then. 

Att,  Gen.  The  king  shall  not  be  drawn  to 
■hew  his  cause,  if  there  be  enough  in  the 
pannel  besides. 

Mr.  Williaam.  That  is  to  say  then,  that  the 
king  may  choose  whom  he  pleaseth  against 
the  statote. 

Seij.  j,^^  No,  Sff,  we  desire  none  but  honest 
and  indiflerent  gentlemen  to  try  this  cause. 

H.  C.  J.  The  old  challenge  is  taken  away,  by 
tiiat  statute,  from  the  king,  <  quia  non  *^sunt 
*  boni  pro  Domino  Rege,'  and  therefore  if  the 
long*  ^allenge  any,  he  must  shew  cause,  but 
it  must  be  in  bis  time,  and  not  befofe  you  shew 
your's.     Let  him  stand  by  a-while. 

CL  jtfCr.  John  Sandys,  esq. 

Sag.  Jeff,  We  challenge  him  for  the  king. 

Mr.  HoU.  For  what  cause.  Sir? 

Serj.  Jeff.  We  ^ill  tell  you  in  good  time. 

CI.  ofCr,  4.  Sigismund  Stiddulph  ;  John 
Weston. 

Mr-  Weston,  My  lord,  I  ani  no  freeholder. 

Mr.  Holt.  He  challenges  himself. 

i.  C.  J.  WeD,  he  must  be  set  aside., 

a.  cf.  Cr.  5.  Thomas  Vincent ;  6.  Philip 
Rawleigh  ;  7.  Robert  Gavel;  8.  Edward 
Bray;  9.  Thomas  Newton ;  10.  JohnHalsey^ 
11.  Thomas  Burroughs,  and  12.  John  Petty- 
ward.  • 

CL  qfCr,  Gentlemen,  you  of  the  jury  that 
are  sworn,  hearken  to  your  charge. 

Surrey  a.  Sir  Robert  Sawyer,  kt.  his  ma- 
jesty's attorney  general,  has  exhibited  an  In- 
formation* in  this  Court,  against  the  right  ho- 


*  The  Ldtin  Indictment  runs  thus : 

Rex  vertus  Dom'  Gray. 
Mich.  d4  Car.  Secundi.  Rot.  1. 

If.  Oood  Ford  Dom'  Gray  de  Wark  R.  C. 

Duper  de,  &c.  Gen'  A.  C.  Ux'  pred'  R.  C.  D. 

J.  F.  J.  ux'  pred'  D.  J.  et  R.  I.  cum  divers' 

al'   male  dispoit'  p'son'   eidem  Attorn'  dicti 

Dom'  Regis  nunc  general'  adhuc  incognit'  20 

die  Augtusti  Anno  uegni  Dom'  Caroli  secundi 

nunc  Reg^  Angl*,  &c.  34  et  divers'  aP  dieb'  .  -~^ ^ ^„^„    *  «.«^„    «^  «.  ^  v^^m   „, 

et  vidbus  tam  antea  quam  postea  apud  Pa-    pred'  e  domo  mansional'  pred'  prenobiP  G. 

roch'  de   Epsom  in  Com'  Surr'  ialso  illicitc    C.  B.  ibidem  scitu^t'  et  existen'  et  e  custod'  et 

Regimine  ejusdem  G.  C.  B.  ceper'  asportaver' 
et  abduxer'  Et  pred'  Dom'  H.  B.  a  pred'  20 
die  August!  Anno  suprad'  et  continue  postea 
usque  diem  exhibition'  hujus  information  apod 
Paroch'  de  E.  pred'  in  Com'  pred'  et  in  divers' 
locis  secret'  ibidem  cum  prefat'  F.  D.  G.  illi- 
cite  nequit'  et  scandalose  vivere  cohabitare  et 
remanere  procuraver'  et  cansaver'  et  quflibet 
eorum  procoravit  et  causavit  in  Magn'  Dei 
Omnipotent'  displicent'  Ad  ruin  am  et  destruc- 
tion'preiat'  D.  li.  B.  et  amicor'  suorUra  tiis- 
titiam  et  disconsolat'  in  malum  st  pernitiosvuu 
exemplu',  ice,  Und«,  &c,  * 

K 


iapiste  et  nequissime  per  illicitas  et  impuras 
Tias  et  medias  conspiran'  machinan'  practican' 
etiatenden'  final*  ruinam  et  destruction'  Do- 
mine Henriet'  Berkley  tunc  Virgin*  innunt' 
iaSn  etatem  18  Annor'  et  un'  iilia'  prenobilis 
G.  Conit'  Berkley  (eadein  Dom'  H.  B.  tunc 
et  ibidem  sub  custod'  Jl^mine  et  educat' 

wnenobi" 

frdDc 

J- — «    ignot* ^ 

joste  et  diabolice  ad  nequissimas  nefandissimas 
et  diabolicas  intention'  suas  pred'  perimplend' 
peifidend'  et  ad  effectum  redigsod'  pred'  Dom' 
roL  IX. 


131]  STATE  TR1AL8, 34  CttAfttE3  II.  l68S.— Tria/  6f  Lard  Grey  and  tfthrB,  [1  S« 

right  honouraible   George   earl   of  Berkeley, 
father  of  the  atbresaid  lady  Henrietta  ;  and  to 
commit  whoredom,  fornication,  and  adultery, 
«nd  in  whoredom,  fornication,  and  adultery, 
to  live  with  the  aforesaid  Ford  lord  Grey  (the 
6aid  Ford  lord  Grey,  then  and  long  before, 
and  yet,  beinj?  the  husband  of  the  lady  Mary, 
another  dan^ter  of  the  said  right  honourable 
Cicorci'e  earl  of  Berkeley,  and  sister  of  the  said 
lady  iTenrietta)  ag;ainst*all  laws,  as  trell  divine 
to  nninan,  impiously,  wickedly,  impurely,  and 
«c&iidalously,  to  Kvc  and  cohabit,  did  tempt, 
invite,  and  solicit,  and  every  of  them,  then 
and  there,  did  tempt,  invite,  and  solicit.    And 
that  th^  aivresaid  Ford  lord  Grey,  Robert 
Cfaamock,    Anne   Chamock,   David   Jones, 
Frances  Jones,  and  Rebecca  Jones  and  Olher 
persons  unknown,  with  force  and  arms,  &c. 
unlawfully,  unjustly,  and  t^ithont  the  leave, 
and  a^fainst  the  will  of  the  afoi>^d  right  ho* 
iiourable  Oetfr^  eail  of  Befketey,  in  nrosc- 
cutron    of  their   most    wicked   cimspiracies 
aforesaid ;  the  said  lady  Itenrietta  BtHteley, 
ihen  and  there,  about  tnC  hour  of  t^'elve  m 
tlie  night-time,  of  the  said  20th  day  of  August, 
in  the  year  aforesaid,  M  Ihe  afortsaid  parish 
ff  Epsom  hi  the  county  of  tSftrrey  afbresaid, 
«nt  of  the  dwefling-house  of  thfe  said  right 
fcononrable   George   earl  of  Berkefry  there 
iitimte  and  being,  and  offt  of  tlie  custod}'  and 
govcrnnrent  of  the  said  carl  of  Berkeley,  did 
take,  cany,  and  lead  away.     And  the  said 
lady  Henrietta  Berkeley,  hotn  ihe  said  20th 
day  of  Aunpust  in  the  yeJtr  aforesaid,  and  con- 
tinually afterwards,  onto  the  day  of  the  exhi- 
bition of  this  information,  at  the  parish    of 
Ej>som  albresaid,  in    tlie  county  of  Surrey 
aforesaid,    and   in  divers  secret  places  there 
with  the  said  Ford  lord  Grey,  imlawfully,  wick- 
edly, and  scandalously  to  live,  cohatnt,  and 
remain,  did  procure  and  cause,  and  every  of 
them  did  procure  and  cause,  to  the  great  dis- 
pleasure of  Almighty  God,  to  the  ruin  and 
destruction  of  the  said  lady  Henrietta  Berke- 
ley, to  the  grief  and  sorrow  of  aU  her  ii-irnds, 
and  to  the  evil  and  most  pernicious  example  of 
all  others   in  the  like  case  offciidinsr;    and 
a^.unst  the  peace  of  our  Haid  80Ter€;i,Ti  lonl  the 
kin^',  his  croAvn  and  dijnjitv.     To  this  infor- 
mation,  the  defendant,  ihc  lord  Grey,  and  the 
other  defendants,  have  Kcverally  pleaded  Not 
Guilty,  and  for  their  trial,  have  put  iliemselves 
lij)on  the  country,  and  the  king's  attorney  like- 
wise, Hliich  country  you  are  :  your  chai^'  is 
tp  enquire  whether  the  defendants,  or  any  of 
them,  are  Guilty  of  the  ofl'ence  and  misde- 
meanor whereof  they  stand  impeached  by  this 
informatiou,  or  not  Guilty  :  if  you  find  tiiem, 
or  any  oftliem,  Guihy,  jou  are  to  say  so  ;  if 
you  ftnd  fliem  or  any  of  them,  not  Guilty,  you 
are  to  say  so,   and  no  more,  and  hear  your 
evidence. 

[For  which  evidence  to  come  in,  proclama- 
tion was  iiiade,  and  then  Edward  ^i^uith,  tf^, 
a  Bt?n(lier  ofilie  i^Iiddk-Temnle,  oiiened  the 
iHtormaiiou.]    . 


Mr.  Smith,  May  it  nlease  y onr  lordship,  and, 

gnitlemen,  you  of  tiie  Jury ;  Mr.  Attorney 
eneral  hath  Exhibited  an  information  in  this 
court,  against  Ford  lord  Grey  of  Werk,' Ro- 
bert Chamock,  Anne  ChamocK,  David  Jones^ 
Frances  Jones,  and  Rebecca  Jones,  wherein 
is  set  forth.  That  the  defendants,  the  90th  of 
August,  in  the  d4th  year  of  this  king,  at  Ep- 
som, in  your  county,  did  conspire  the  ruin  and 
titter  destruction  of  the  lady  Henrietta  Ber-^ 
keley,   daughter   of   the    right    honourabte 
George  earl  of  Berkeley  ;  and  for  the  brin^in^ 
about  this  conspiracy,  they  have  ticdncod  her 
to  desert  her  father's  house,  thoQgh  she  be 
under  tlie  age  of  18  years,  and  under  the  cus- 
tody and  governmoit  of-  her  fkthfer  ;  and  so- 
licited her  to  commit  whoredom  and  adultery 
with  rtiy  lord  Grey,  who  was  before  married  to 
the  lady  Mary,  anothdr  danghter  of  the  earl  of 
Berkeley,  and  sister  to  the  lady  Henrietta. 
That  alitcr  fhey  had  thus  inveigled  her,  they 
did  upon  the  same  30ih  day  of  August,  carry 
heir  away  Out  of  the  Ivouse,  without  the  earl^ 
licence,  and  against  Ims  will,  to  the  intent  di« 
might  live  an  ungodly  and  dishonourable  fife 
tViUi  my  lord  Grey.    And  aftet  they  had  thu» 
carried  ner  away,  they  obscured  her  in  secret 
places,  and  shifted  abottt  from  place  lo  ptacc, 
and  continued  this  course  of  life  ever  since. 
And  thbtiie  infonnation  says,  is  to  the  dis- 
pleasure of  Almighty  God,  the  litter  roin  of 
tlie  young  lady,  tne  grief  and  affiictiou  of  her 
fiiends,  the  evd  example  of  all  others  in  the  liktt 
case  offending,  and  against  the  king's  peace^ 
his  crown  and  dignity.    To  this  all  thes6  de- 
fendaofs  have  pleaded  Not  Guilty  ;  if  we  shall 
prove  them,  or  any  of  them,  Guihy  of  any  of 
the  matters  charged  in  this  information,  yon* 
shall  do  well  to  find  them  Guihy. 

Att.  Gen,  My  lord,  and  gentlemen  of  tha 
jury,  the  course  of  our  evidence  will  be  this  ; 
That  this  unhappy  gentleman  my  lord  Orey^ 
has  for  four   years  togetlser,   prosecuted   aa 
amour  with  this  young  lady  ;  and  when  it 
came  to  be  detected  (some  little  accident  dia- 
covering  somewhat  of  it)  my  lady  Berkeley 
did  find  there  was  some  bnsiness  of  an  extra- 
ordinary  nature  between  tbem,  and  thereupon 
forbid  my  lord  <>rey  her  house.    My  lord 
Grey  he  made  many  pretences  to  my  lady, 
that  he  might  come  to  tt;c  house  to  give  them  a 
visit  before  he  dopartf  c,  being  to  go  into  the 
country ;    and  he   takes  that  opportunity  to 
settle  this  matter  of  conveying  the  young  lady 
away  in  a  very  short  time.     And  early  on  the 
Sunday  rooming,  she  was,  by  Chamock,  ano- 
ther of  the  defendants,    conveyed  from  die 
house  of  my  lord  Berkeley  at  Fpsom,  and 
brought  here  to  I>oudon.     We    shall    in  the 
course  of  our   evidence  ^^hew  how  she  was 
shitleil  from  place  to   place,  and  the  nevend 
pursuits  tluit  wero  made  in  search  af)iei'her. 
We  shall  discover  to  you,   how  she  was  hur- 
ried from  one  lodging  to  anotlier,  for  fear  of 
dis/w  ery.     Nay,  we  shall  prove,  that  my  lord 
Cirey  has  owned  and  confesnf  d   thnt    he  had 
her,  that  she  was  in  hL»  caie  and  custody,  and 


iSS]  STATE  TRIALS,  3i  Ch^ELES  II.  1  SS^.-^/or  debauciing  Luiy  H.  BerMeif.  [  134 

tliat  be  onmed   tbe  severel  instaooes  of  his 
««wan.    But  I  had  rather  the  evidence  should 
^eak  it,  than  I  open  so  much  as  the  nature  of  it. 
Sol.  Gen.  Mv  lord,  we  shall  call  our  wit- 
nesses, who  win  very  fully  make  out  thb  evi- 
dence that  3Ir.    Attorney  has  opened  to  you. 
TTiat  my  lord-  Grey  did  a  long  time  make  love 
to  this  young  lady,  thoug^h  he  were  before 
uianied  to  her  "sister.    This  treaty  was  disco- 
vered by  my  lady  Berkeley  last  summer,  upon 
an  accident  of  surprising  the  young  lady  in 
writing  a  letter  to  my  lorf,  and  thereupon  my 
lady  Berkeley  chaigeth  my  lord  Grey  with 
these  applications  to  her  daughter,  that  did  so 
moch  misbecome  him.    My  lord  Grey  was 
then  so  sensible  of  his  fault,  that  he  seemed 
Tcry  foU  of  penitence,  and  assured  my  lady, 
he  would  never  do  the  like  again,  and  earnestly 
desired  her  by  all  means  to  conceal  it  from  my 
lord  Berkeley  ;    for  if  this  sliould  once  come 
to  be  known  to  him^  he  and  the  young  lady 
would  not  only  he  ruined,  but  it  would  occa- 
sion an  irreparable  breach  between  the  two 
families,  and  of  all  friendship  between  my  lord 
Beikeley  and  him.    And  therefore  he  desired 
n»y  lady  Berkeley  (who  had  justly  forbid  him 
her  boose  for  this  great  crime)  lest  the  world 
should  inquire  into  tbe  causes  of  it,  and  so  it 
should  come  to  be  known,  tliat  his  banishment 
from  her  house  mi^fat  not  be  so  soon  or  sudden  P 
But  he  begs^ed  of  her  ladyship,  that  he  mi^t 
be  pennitted  to  nudce  one  yisit  more,  and  with 
fllthe  protestations  in  the  world  assured  her, 
it  was  not  ivith  any  purpose  of  dishonour, 
that  he  desired  to  come  and  see  her,  but  that 
bis  dmrture  might  be  by  degrees,  and  so  the 
kw  taken  notice  of.    When  my  lady  had  thus 
char^  my  lord  with  his  unwortliy  carriage  to 
hfirfiumily,  and  he  had  seemed  thus  penitent 
forit,  she  chaiges  her  daughter  also,  with  her 
Iping  any  aDowaaoe  to  tnese  indecent  prac- 
tices of  my  lord's  ;  she   thereupon  fUls  down 
on  her  knees  to  her  mother,  to  ask  her  pardon 
^  her  great  offence,   and,  with  tears  in  her 
eyes,  confessed  she  luiid  done  verv  much  amiss, 
ind  did  hnnably  hope  she  mignt  obtain  for- 
giveness fbr  it,  being  yotmff,  and  seduced  by 
jnylord  Grey,  and  promised  she  would  see 
kini  no  more,  nor  have  aoy  thing  more  to  do 
with  him.    Illy  lord  Grey  he  is  permitted  to 
come  once  more  to  the  house,  upon  those  as- 
severations andpromii^es  of  his,  tliat  it  should 
be  with    no   dishonourable   purposes  in   the 
workL    It  waA,  it  seems,  in  his  way  to  his  own 
house  at  Sussex,  but  coming  thither,  he  takes 
to  occasion  to  continue  there,  and  stay  a  little 
^  long  for  a    visit;    whereupon  my  lady 
Bertceley  began  to  suspect  it  was  not  a  transient 
visit  became  to  make  at  her  house,  but  that  he 
had  some  ill  design  in  prosecution  of  tbe  same 
fiiuH  that  he   bad   been   so  long   guilty  of. 
And  that  suspicion  of  her's  was  but  too  well 
giounded,  as  appeared  afterwards.    Our  wit- 
n«ae8  will  tell  you,  that  my  lord  Grey,  just  bc- 
Xsre  his  departure,  was  obscn'ed  to  be  very  so- 
licitOQs  and  earnest  with  his  man  Cbaruock 
(whom  we  shall  prove  by  undeniable  evidence 

3 


to  be  tbe  man  that  conveyed  her  away)  giving 
him   some  directions  with  "great  earnestncijs, 
what  to  do  was  indeed  not  heard,  ^ut  the  event 
win  niainly  shew  it.    For  my  lonl  Grey  Uiip- 
self,  ne  went  on  his  journey  into  Sussex,  and 
lay  ^  Guilford  that  night  she  was  carrietj  away, 
and  the  next  morning  she  was  missin;^.  There- 
upon my  lady  sends  after  my  lord  Grey,  justly 
suspecting  hi  in  to  be  guilty  of  tills  violence 
and  outrage  oflered  to  lier'dauglitcr  and  fe- 
ipil^^,  and  they  overtook  him  at  Guilford,  be« 
fore  he  was  got  any  further  on  liis  journey,  and 
there  acquaint  him  the  lady  was  carried  away, 
and  that  my  lady  suspectcdf  (as  well  she  might) 
he   knew   whither.     Tlien   immediately    he 
makes  haste  up  to  town,  and  writes  ray  lady  a 
letter,  that  truly  he  would  take  care  to  resioivj 
peace  to  tbe  family,  that  by  his  folly  bad  been 
so  much   distuii>ed  :   And  there  were*  some 
holies  of  retrieving  the  matter,  ^hat  this  scaa- 
dal  upon  so  noble  a  family  roigbt  not  he  made 
public  \  for  certainly  an  ofTcnce  of  this  nature 
was  not  fit  should  be  so,  nor  indeed  was  ever 
heard  of  in  any  Christian  society ;  I  am  sure 
I  never  read  of  jmy  such  cause  in  the  courts  of 
law.    And  it  was  impossible  any  way  to  have 
prevented  the  scandal,  but  that  which  my  lady 
took,  to  pass  over  all,  by  desiring  to  have  her 
child  restored  again  to  her,  before  such  time  as 
it  was  gopje  so  tar,  as  there  is  too  gi'eat  rea- 
son to  suspect  il  now  is.    But  after  that,  my 
lord  Grey  was  so  far  from  performing  what  lie 
had  so  solemnly  promisea,  and  making  the 
matter  up,  that  he  stood  upon  terms  ;  he  was 
master  of  the  lady,  and  he  >VQ\ild  dispose  of 
her  as  he    thought  ^t :  Third  jiersons  and 
places  must  be  appointed  where*  she  must  b« 
disposed  of  j  vrith  capitulations,  that  he  should 
see  her  as  often  as  he  thought  fit ;  which  was 
(if  possible)  a  worse  indignity  than  all  that  he 
baa  done  betbre. 

We  shall  prove  to  vour  lordship,  that  he  did* 
a  long  time  befbre  this  violence  was  oficrcil, 
make  applications  to  this  young  lady,  and  that 
must  (as  any  man  will  believe)  be  ^pon  no 
good  account.  We  shall  shew  all  tlie  base 
transactions  in  carrying  away  tlie  lady,  after 
tliat  confidence  which  my  lady  reposcsj  in  his 
protestations  to  do  nothing  dishonoumhly,  so 
as' to  admit  him  to  make  a  visit;  which  cer- 
tainly was  the  greatest  breach  of  the  vor\'  laws 
of  human  society,  against  all  the  laws  of  hos- 
pitality, besides  the  great  transgrcssioir  of  the 
laws  of  God  and  men.  Yet  even  then,  he  se- 
duced the  lady  away.  For  we  shall  plainly 
prove  she  was  carried  away  by  hi«  coachman 
that  once  was,  afterwards  nis  gentleman,  and 
how  she  was  from  time  to  time  conveyed  ^o 
and  fro. 

Mr.  Serj.  Jeff.  This  story  is  indeed  too  me- 
lancholy to  he  often  repc&tea,  tbe  evidence  had 
better  tell  it :  only  this  one  aggravation  I  would 
take  notice  of,  which  will  he  made  out  in  tlie 
proof  toyou  of  this  matter  charged  ;  and  tliat 
IS  this.  That  mv  lord  Grey,  after  such  time  us 
it  was  known  she  was  iu  nis  power,  ga\  e  one 
reason  for  his  not  delivering  her  up,  (u^id  1  am 


135]  STATE  TRIALS,  34  Charles  II.  1 682.— Tnfl/<>/JLoriGrfyflarfolA«r#,  [t36 


sorry  to  see  his  lordship  should  think  it  a  rea- 
son) he  bad  inquired  how  far  the  law  would 
eietend  in  such  a  case,  and  that  be  knew,  aud 
Could  ffive  a  prec^ent  for  it  (which  the  wit- 
ness will  tell  you  of)  that  the  law  could  not 
reach  him ;  and  that  as  long  as  he  had  i^n 
Such  a  course  for  obtaining  tl^t  which  was  his 

greatest  pleasure,  he  would  not  now  part  with 
cr,  but  upon  such  terms,  that  he  might  have 
Kccess  to  her  when  he  pleased.  To  such  a 
height  of  confidehce  was  this  gentleman  ar- 
rived, in  tliis  barbarous  and  infamous  wicked- 
But,  as  I  said,  it  is  a  story  too  black  t« 


ness. 


be  aggravated  by  any  thinp^  but  by  itself;  we 
shall  therefore  cq\\  our  witnesses,  and  prove 
our  fact. 

[About  this  time  the  lady  Henrietta  came 
into  the  court,  and  was  set  by  the  table  at  the 
judges  feet.] 

Earl  of  Berkeley.  My  lord,  my  daughter  is 
here  in  court,  I  desire  sne  may  be  restored  to 
roe. 

Seij.  Jeffl  Pray,  my  lord  Berkeley,  give  os 
leave  to  go  on,  it  will  oe  time  enough  to  move 
that  anon.  Swear  my  lady  Berkeley ;  (which 
was  done,  but  she  seemed  not  able  to  speak). 

Sol.  Gen,  I  perceive  my  lady  is  much  moved 
at  the  siglit  of  her  daughter.  Swear  my  lady 
Arabella  tier  daughter.    (Which  was  done).* 

Serj.  Jeff.  Pray,  mad&m,  will  you  acouaint 
my  lords  the  judges,  and  jury,  what  you  know 
concerning  the  letter  ycfa  discovered,  and  how 
you  came  by  that  discovery  ? 

Lady  Arabella.  My  mother  coming  to  my 
lady  liarriett's  chamber,  and  sedng  there  a  pen 
wet  with  ibk,  examined  her  where  slic  had  been 
writing.  She,  in  great  confusion^told  her  she 
had  b^n  writing  her  accompts.  My  mother 
not  being  satisfied  with  her  answer,  commanded 
me  to  search  the  room.  Her  maid  bcin^r  then 
in  the  room,  I  thought  it  not  so  much  tor  her 
honour  to  do  it  then.  I  followed  my  mother 
down  to  prayers ;  after  prayers  were  done,  my 
mother  commanded  my  lady  Haniett  to  give 
me  the  keys  of  her  closet  and  her  cabinet. 
When  she  gave  me  the  key,  she  put  into  my 
hands  a  letter,  which  was  written  to  my  lord 
Grey,  which  was  to  this  effect:    *  My  sister 

*  Bell  did  not  sus]>ect  our  being  together  last 

*  night,  for  she  did  not  hear  the  noise.     I  pray 

*  comcagain  Sunday  or  Monday,  if  the  last,  1 

*  shall  be  very  impatient.'— I  suppose  my  lady 
Harriett  gave  my  lord  Grey  intelligence  that 
this  was  tou]>d  out ;  for  my  lord  Grey  sent  bis 
servant  to  inc,  to  acquaint  me  he  desired  to 
speak  with  me.  When  he  came  in  first,  she 
(J  mean  my  lady  Harriett)  fell  down  upon  the 
ground  like  a  dead  ciieature.  My  lord  Grey 
took  her  un,  and  afterwards  told  me,  said  he, 
'  You  see  how  far  it  is  gone  between  us  5*  and 
he  declared  to  me,  he  bad  no  love,  no  consi- 
deration for  any  thing  upon  earth  but  for  her ; 

*  I  mean  dear  lady  Hen,'  said  he  to  me,  for 
I  say  it  just  as  he  said  it.  And  after  this,  he 
told  me,  he  would  be  revenged  of  all  the  fa- 
mily, if  tliey  did  expose  her.    I  told  him  it 


would  do  us  no  injury,  and  I  did  not  value 
what  he  did  say ;  for  my  own  particular,  I  de- 
fied him  and  the  Devil,  and  would  never  keep 
counsel  in  this  affair.  And  afterwards,  when 
he  told  me  be  had  no  love,  no  consideratipn  for 
any  thing  upon  earth  but  her,  I  told  my  Jady 
Harriett,  *  I  am  very  much  troubled  and  amaz- 
ed, that  you  can  sit  by  and  hear  nay  lord 
Grey  say  and  declare,  he  has  no  love  for  any 
but  you,  no  consideration  for  any  one  upon 
earth  but  you,  when  it  so  much  concerns 
my  sister ;  for  my  part  it  stabs  me  to  the 
heart,  to  hear  him  make  this  declaration 

against  my  poor  sister  Grey' [Here  she 

stout  a  while.  J 

Sen.  Jeff".   Pray  go  on,  madam. 

liady  Arabella.  After  this  she  said  nothnig  ; 
I  told  her,  I  suspected  my  woman  bad  a  hand 
in  it,  and  therefore  I  would  turn  her  away. 
This  woman,  when  my  lady  Harriett  ran 
away,  being  charged  with  it,  swore  she  bad 
never  carried  any  letters  between  them;  but 
after  my  mother's  coming  to  London,  both 
the  porter  at  St.  John's,  and  one  Thomas 
Plomer  accused  her  that  she  had  sent  letters 
to  Chamock,  who  was  my  lord  Grey's  coach- 
man, now  bis  eentl^man.  I  told  her.  then,  I 
did  much  wonder,  she  being  my  servant,  should 
convey  letters  between  them  without  my  know- 
ing :  she  then  confessed  it  to  me,  but  withal 
she  told  me,  *  How  could  I  think  there  was 
<  any  ill  between  a  brother-in-bw  and  a  sister?* 
And  upon  this  she  confessed  to  me  she  had 
sent  letters  to  Charnock,  though  before  she 
had  forsworn  it. 

Att.  Gen.  Madam,  have  you  any  thing  far- 
ther to  testify  in  this  cause  ?  Have  you  any 
matters  that  you  remember  more  P 

Lady  Arabella.  There  is  more  of  it  to  the 
same  effect ;  but  all  of  it  is  only  to  this  effect. 

L.  C.  J.  My  lady  Arabella,  pray  let  me  ask 
you,  have  you  any  more  to  say  to  this  matter? 

liftdy  Arabella.     It  is  all  to  this  purpose. 

Seij!  Jeff]  Then  if  you  please,  madam,  to 
turn  now  your  face  this  way  towards  the  gen- 
tlemen of  tlie  jury,  who  have  not  heard  what 
you  said,  and  give  them  the  same  relation  that 
yon  gave  to  the  court ;  and  itny  be  pleased  to 
lean  over  the  scat,  and  expose  yourself  a  little^ 
and  let  them  have  the  same  story  you  told  be- 
fore, and  pray  tell  the  time  when  it  was. 
[Then  she  turned  her  face  towards  the  bar.] 

Lady  Arabella.    It  was  in  July,  Sir. 

Serj.  Jeff.  Pray,  madam,  tell  what  happened 
then. 

Lady  Arabella .  In  July  last,  some  time  then , 
my  mother  came  into  my  lady  Harriett's 
chamber,  and  seeing  a  pen  wet  with  ink,  she 
examined  her  who  she  nad  been  writing  td. 
She,  in  ereat  confusion  told  her,  she  had  heen 
writing  her  accompts,  but  my  mother  was  not 
satisfied  with  that  answer.  *The  sight  of  my 
lord  Grey  doth  put  me  quite  out  of  countenance 
and  patience. — [Here  she  stopped  again.] 

[My  lord  Grey  was  then  by  the  clerks  under 
the  bar,  and  stood  looking  veiy  stedhotly  upom 

her.] 

— 


137]  STATE  TRIALS,  34  Charles  H.  i682.— /or  detauching  Lady  H.Serkeky.  [15« 


L  C.  J.  Pray,  my  lord  Grey,  sit  down  (which 
k  did).  It  is  not  a  very  extraordinary  things, 
ftr  a  witness,  in  such  a  cause,  to  bedash^ 
Mt  of  coantenance. 

£.  Off  Berkeley.  He  woald  not,  if  he  were 
Ml  a  Tery  impudent  barbarous  man,  look  so 
eenfidently  and  impudently  upon  her. 

Serj.  Jeff.  My  lord,  I  would  be  rery  loth 
lode^  otnerwise  than  becomes  me,  with  a 
person  of  your  quality,  but  indeed  this  is  not 
»  handsome,  and  we  must  desire  you  to  sit 
4own.    Pray  go  on,  madam. 

lisdy  Arabella.  After  this,  my  mother  corn- 
Banded  me  to  search  my  lady  l^rriett's  room ; 
ks  maid  being  then  in  the  room,  I  thoug^ht  it 
not  s>  much  lor  her  honour  to  do  it  then.  I 
fiiUowed  my  mother  down  to  prayers.  After 
pfayers  were  done,  my  mother  ^commanded 
my  lady  Harriett  to  give  me  the  keys  of  her 
cabinet  and  of  her  closet,  and  when  she  gave 
me  the  keys,  she  put  a  note  into  my  hand, 
wbich  was  to  my  lord  Grey ;  and  that  was  to 
tibb  efiect :  *  My  sister  Bell  did  not  Suspect 
'  oar  being  toother  last  night,  for  she  did  not 
'  bear  any  noise :  pray  come  again  Sunday  or 
'  Monday,  if  the  last  I  shall  be  very  impatient.' 
I  suppose  my  lady  Harriett  gave  my  lord  Grey 
imetligence  of  this,  for  he  sent  a  servant  to  tetl 
me  he  desired  to  speak  with  me.  Upon  his 
first  coming  in,  my  lady  Harriett  fell  upon  the 
ground  like  a  dead  creature,  and  my  lord  Grey 
took  her  up,  and  said,  <  Now  you  see  how  far 

*  it  is  gone  between  us :  I  love  nothing  upon 
'  earth  but  her ;  I  mean  dear  lady  Hen,'  said 
he  to  me ;  «  and  if  you  do  expose  her,  I  will 

*  be  revenged  upon  you  and  all  the  family,  for 
*■  I  hare  no  consideration  for  any  thing  but 
<  her.'  After  that  I  told  him,  We  defied  him, 
he  could  do  us  no  injury;  and  for  my  own 
particular,  I  defied  him,  and  the  Devil  and  all 
ms  woH^  and  would  not  have  any  thing  to  do 
with  sncfa  a  correspondence.  After  this,  I  told 
my  lady  Harriet,  I  was  mach  fronbled  and 
amazed,  that  she  should  ^t  by  and  hear  my 
lord  Grey,  her  brother- in -Uw,  say  he  had  no 
Goosideration  for  any  thing  on  earth  but  her. 

*  For  my  part,'  said*  I, '  Madain,  it  stabs  me  to 

*  the  heart,  to  hear  this  said  against  my  poor 

*  sister  Gr^.'  I  told  her,  I  suspected  my 
woman  had  an  hand  in  this  affair,  and  there- 
five  I  would  put  her  away.  Afterwards,  the 
same  day  my  lady  Harriett  ran  away,  this  wo- 
man came  to  me ;  and  I  then  told  her,  *  Yon 
'  have  mined  her,'   and  asked  her,   '  Why 

*  would  you  send  letters  between  my  lord  Grey 

*  and  my  lady  Harriett?'  She  denied  it,  and 
swore  she  never  did  it,  but  when  we  came  to 
London,  the  porter  of  St  John's  came  and  ac- 
cused her  or  conyeying  letters  to  Chamock, 
my  lord  Grey's  gentleman,  formerly  his  coach- 
maa.  I  then  asked  her  again  apout  it ;  she 
tbea  acknowledged  to  me  she  tad  done  it. 

*  Bat,  madam,'  said  she,  <  how  could  I  think 
'  there  could  be  any  prejudice  or  iU  between  a 

*  broliKr-in-taw  and  a  sister-in-law  ?'  fbiid  I, 
'  Were  not  you  my  ssrvant  ?  Why  did  you  not 
^tdl  me?   Beaidesy  you  know  we  liave  all 


*  reason  to  hate  Chamock  for  a  great  many 

*  things.'    This  is  all  I  have  to  say  tliat  is  ma- 
terial, all  else  is  to  the  same  effect. 

Seij.  Jef,  Now  this  matter  being  thus  dis- 
covered to  the  countess  of  Berkeley,  this  unfor- 
tunate youdg  lady's  mother ;  she  sent  for  my 
lord  Grey,  and  we  shall  tell  you  what  hap- 
pened to  be  discoursed  between  them  two,  and 
between  the  lady  and  her  mother,  and  what 
I  promises  of  amendment  he  made.  My  lady 
Berkeley,  pray  will  you  tell  what  you  know. — 
[She  seemed  unable  to  do  it.]  She  is  yery 
much  discomposed,  the  sight  of  her  daughter 
doth  pot  her  out  of  order. 

Lady  Arabella.  I  have  sometliing  more  to 
say,  thatis,!  told  my  Uidy  Harriett,  after  my 
lord  Grey  had  made  bis  declaration  of  his  lova 
to  my  sister,  to  me,  that  if  ever  he  had  the  im- 
pudence to  name  her  name  to  me,  I  would  im- 
mediately go  to  ray  father,  and  tell  him  all 

[Then  the  Countess  leaned  forward,  with  her 
hood  much  orer  her  face.] 

Ah.  Gen.  Pray,  my  lady  Berkeley,  com- 
pose yourself,  and  speak  as  loud  as  you  can. 

LaAy  Berkeley.  When  I  first  discuvsred  this 
unhappy  business,  how  my  son-in  law,  my 
lord  Gr^,  was  in  love  >vith  his  sister,  1  sent  to 
speak  with  him,  and  I  tuld  him  he  had  done 
barbarously  and  basely,  and  falsely  with  me, 
in  having  an  intrigue  with  his  sister-in-law. 
That  I  looked  upon  him,  next  my  own  son, 
as  one  that  was  engaged  to  stand  up  for  the 
honour  of  tnyfamUv,  and  instead  ot  that,  he 
had  endeavoured  the  ruin  of  my  daughter, 
and  had  done  worse  than  if  he  bad  murdered 
her,  to  hold  an  intrigue  with  her  of  criminal 
love.     He  said,  he  did  confess  he  had  been 
false,  and  base,  and  unworthy  to  me,  but  be 
desu«d  me  to  consider  (and  then  he  shed  a 
great  many  tears)  what  it  was  that  made,  him 
guiltv,  and  that  made  him  do  it.     1  bid  him 
speak.    He  said  he  was  ashamed  to  tell  me, 
but  I  might  easily  guess.    1  theu  said,  what  ? 
Are  you  indeed  in  love  with  your  sister-in- 
law  Y  He  fell  a  weeping  and  said,  be  was  un- 
fortunate ;  But  if  1  made  this  business  public, 
and  let  it  to  take  air  (be  did  not  say  this  to 
threaten  me,  he  would  not  have  me  to  mistake 
him)  but  if  I  told  my  lord  her  father,  and  his 
wife  of  it,  it  might  make  him  desperate,  and 
it  might  put  such  thoughts  into  his  wife's 
bead,  that  might  be  an  occasion  of  parting 
them;  and  that  he  being  desperate,  he  did  not 
know  what  he  might  do,  he  might  neither  con- 
sider family,  nor  relation.  1  told  him  this  would 
make  him  very  black  in  story,  though  it  were 
her  ruin.     He  said  that  was  true,  but  he  could 
not  help  it ;  he  was  miserable,  and  if  1  knew 
how  miserable,  I  would  pity  him :  He  had  the 
confidence  to  tell  me  that.    And  tiien  be  de- 
sired, though  he  said  i  had  no  reasion  to  hear 
him,  or  take  any  counsel  he  gave  me  (and  all 
this  with  a  great  many  teai*s)  as  if  he  were  my 
son  Dursley,  that  1  would  keep  his  secret 
*  For  my  lord,  if  he  heard  it,  would  be  in  a 

<  great  passiob,  and  possibly,  he  might  not  be 

<  able  to  contain  himself,  but  let  it  hasak  out 


I 

139]  STkTETRlALi,  $4,  CukRhZS  II  l6S2.'-Trial  of  Lord  Grey  ^udoiAa-M,  [140 


*into  the  world.    He  maj  calTroe  rogue  aii4 

*  rascal  perhaps  in  his  passion,  said  he.  and  I 

*  should  be  sorry  for  it,  out  that  would  oe  all  I 

*  could  do,  and  what  the  eril  consequence  might 

*  be*,  he  knew  not,  and  thereftbre  it  were  best  to 

*  conceal  it.'  And  after  many  words  to  pacify 
me,  though  nothing  indeed  could  be  sumcient 
for  the  injury  be  had  done  me ;  he  gaye  it  me 
as  his  advice,  that  I  would  let  my  dau|^ht|er  Har- 
riett go  abroad  info  public  places  with  myself, 
and  promised,  if  I  did,  he  would  sdways  avoid 
them.  For  a  young  kuly  to  sit  always  at  home, 
he  said  it  would  not  easily  get  her  out  of  such 
a  thing  as  this.  And  upon  this  he  said  affaih, 
he  waste  go  out  of  town  with  the  D.  of  M.  in 
a  few  days,  and  being  he  had  beea  frequently 
in  the  family  before,  it  would  be  looked  upon  as 
a  \  ery  strange  thing,  that  he  went  away,  and 
did  not  appear  th^  to  take  his  leave.  He 
promiseil  me,  that  if  for  the  world's  sake,  and 
for  his  wife's  ^e  (that  no  one  might  take  no- 
tice of  it)  I  would  let  him  come  there,  and  sup 
before  he  wetit  into  the  country,  he  would  not 
offer  any  thing,  by  way  of  letter  or  otherwise, 
that  might  give  me  any  ofience.  Upon  which 
I  did  let  him  oome,  and  he  came  m  at  nine 
o'clock  at  night,  and  said,  I  might  very  well 
look  ill  upon  him,  as  my  daughter  also  Jid  (his 
sister  Bell)  for  none  else  in  au  the  family  knew 
any  thing  of  the  matter  but  she  and  1.  After 
supper  he  went  away,  and  the  next  night  he 
aent  bis  page  (I  think  it  was)  with  a  letter  to  me, 
be  gave  it  to  my  woman,  and  she  brought  it 
to  me ;  where  he  says  that  be  would  not  ^o 

opt  of  town. If  your  lordship  please  I  wd] 

give  you  the  letter— But  he  said,  he  feared 

mv  apprehensions  of  him  would  continue. 

Tbere  is  the  letter. 

X.  C.  J,  Show  it  my  lord  Grey,  let  us  see  if 
he  owns  or  denies  it 

Lord  Grey.  Yes,  pray  do,  1  deny  nothing 
that  1  have  done. 

Mr.  Just  Doiben,  Be  pleased,  madam,  to  put 
it  into  the  court 

Att,  Gen,  It  isonly  about  his  keeping  away. 

X.  C.  J.  Shew  it  mv  lord  Grey. 

Help.  Jeffl  With  sufimission,  my  lord,  it  is 
fully  proved  without  that 

X.  V:  X  Tlien  let  the  clerk  read  it,  brother. 

CL  of  Crown,  There  is  no  direction,  that  I 
see,  upon  it.  It  is  subscribed  Grey.— [Reads.] 
**  Madam ; 

t*  After  I  had  waited  on'  yonr  ladyship  last 
night,  sir  Thomas  Armstrong  came  from  die 
D.  of  M.  to  acquaint  me  that  he  could  not  pos- 
sibly go  into  Sussex ;  so  ^t  journey  is  at  ad 
end.  But  your  ladyship's  apprehensions  of  me 
I  fear  will  continue :  therefore  J  send  this  to 
assure  you,  that  my  short  stay  in  town  diall  no 
way  disturb  yourKdyshi|>;  it  I  can  contribute 
to  your  quiet,  by  avoiding  all  places  where  I 
may  possibly  see  the  lady.  I  hope  your  lady- 
ship will  rememl^r  the  promise  you  made  to 
divert  her,  and  pardon  me  for  minding  3rou  of 
it,  sbce  it  is  to  no  other  end  that  I  do  so,  but  that 
she  may  Aot  sufCer  upon  my  account;  I  am 
mut  if  she  doth  not  in  your  ojpioion^  she  never 


shall  any  other  way.  I  wish  your  ladyship  all 
the  ease  that  you  can  desire,  and  more  qoiat 
than  ever  I  expect  to  have.  I  am  with  great 
devotion,  Your  ladyship's  most  humUe,  and 
obedient  servant.  Grey.** 

Att.  Gen,  Madam,  win  you  please  to  go  mi 
with  your  evidence. 

Lady  Arabella,  I  have  one  thing  more  to 
say :  After  this,  three  or  foyr  days  afler  this 
ugly  business  wa*^  found  out,  I  told  my  lady 
Harriett,  she  was  to  go  to  my  sister  Dursley^s. 
She  was  in  a  gfreat  anger  and  passion  about  it, 
which  made  my  mother  so  exasperated  against 
her,  that  I  was  a  great  while  before  I  g^  m j 
mother  to  ffo  near  her  again. 

Seij.  Jen.  My  lady  Berkeley,  please  to  go  on  ? 

Lady  Berkeley,  n'hen  I  came  to  my  daughter, 
(my  wretched  unkmd  daughter,  I  have  been  so 
kind  a  mother  to  her,  and  would  have  died  ra^ 
ther,  upon  the  oath  I  have  taken,  than  have 
done  this,  if  there  bad  been  any  other  way  to 
reclaim  her,  and  would  have  done  any  thing  to 
have  hid.  her  faults,  and  died  ten  times  over, 
rather  than  this  dishonour  should  have  come 
upon  my  family.)  This  child  of  mine,  when  I- 
came  up  to  her,  fell  into  a  mat  many  tears, 
and  begged  my  pardon  for  what  she  had  donv, 
uid  9aid,  she  would  never  continue  any  conver- 
sation with  her  brother-in-law  any  uiore,  if  I 
would  forgive  her ;  and  she  said  all  the  things 
that  would  make  a  tender  mother  bellevt  her. 
I  told  her,  I  did  not  think  it  was  safe  for  her  to 
continue  at  my  house,  for  fear  the  world  should 
discover  it,  by  my  lord  Grey's  not  coming  tp 
our  bouse  as  ne  used  to  do  ;  and  therefore  I 
would  send  her  to  my  son's  wife,  her  sister 
Dursley,  for  my  lord  Grev  did  seldom  or 
nev«r  lisit  diere,  and  the  wond  would  not  takje 
notice  of  it  And  I  thought  it  better  and 
safer  for  her  to  be  there  with  her  sister,  than 
at  home  with  me.  Upon  which  this  ungrau- 
cious  child  wept  so  bitterly,  and  b^^^  so 
heartily  of  me  that  I  woiUd  not  send  her  away 
to  her  sister's,  and  told  me,  it  would  not  l>e 
safe  for  her  to  be  out  of  the  house  from  me. 
She  told  me,  she  would  obey  me  in  any  thing  ;, 
and  said,  she  would  now  confess  to  me,  thoogfi 
she  had  denied  it  before,  that  she  had  writ  my 
lord  Grey  word  that  they  were  discovereq, 
whidi  was  the  i-eason  he  did  not  come  td  me 
upon  the  first  letter  that  I  sent  him  to  come 
and  speak  with  me.  And  she  said  so  mauy 
tender  things,  that  I  believed  her  pemient,  and 
forfifave  her,  and  had  compassion  upon  her,  ^od 
tolo  her  (though  she  had  not  deserved  so  much 
from  me)  she  might  be  quiet  (seeing  her  so 
much  concerned)  I  would  not  tell  her  sister 
Dursley  hor  fouUs,  nor  send  her  thither,  ti|l  I 
bad  spokbn  with  her  again.  Upon  which,  sh^, 
as  I  tuought,  continuing  penitent,  I  kissed  her 
in  the  b^wben  she  was  sick,  anl  honed  that 
all  this  ugly  business  was  over,  and  1  should 
have  no  more  affliction  with  her,  especially  if 
my  lord  removed  his  family  to  DurdantjS,  wbicli 
he  did.  When  we  came  there,  she  came  iiiti^ 
my  chamber  one  Sunday  morning  before  I  Ha|i 
awakci  and  threw  hcrsSf  upon  her  knees^  auii 


141]  STAfE  TRIALS,  U  Charles  Il..l6«e.— /<w  deianchin^  Ltdy  II.  Berkeley.  [142 


Idssed  my  band,  and  cried  out,  Oh,  madam  *  I 
bare  oflV^Dded  you,  I  hwe  done  ifl,  I  tnil  be  a 
good  vhM,  ana  will  never  do  so  again ;  I  will 
break  off  all  correspondence  with  him,  I  will 
do  what  you  please,  any  thing  that  you  do 
deitre.     Then,  said  I,  I  hope  you  will  he 
happy,  and  I  forgire  yon.    On ;  do  not  tell  my 
fether,  ^shc  said)  let  not  him  know  my  fanlts. 
No,  said  I,  I  will  not  tell  him ;  bat  if  you  will 
make  a  friend  of  me,  1  desire  you  will  hare  no 
correspondence  with  your  brotner-in  law ;  and 
^l^oiign  you  haxe  done  all  this  to  offend  me,  I 
win  treat  you  as  a  sister,  more  l^an  as  a 
danghter,  if  you  will  btit  use  this  wicked  bro- 
ther-in-law as  he  deserves.    I  tell  you  that 
youth,  and  virtue,  and  honour,  is  too  much  to 
sacrifice  for  a  base  brother-in-law.    When  she 
had  done  this,  she  came  another  day  into  my 
doset  and  there  wept  very  much,  and  cryM 
oat.  Oh,  madam  1  it  is  he,  he  is  the  villain  that 
has  undone  me,  that  has  ruined  me.    Why  ? 
said  I,  What  has  he  done?   Oh!   said  she,  be 
hath  seduoed  me  to  this.    Oh  1  said  I,  feat  no- 
tfatoflr,  you  have  done  nothin^f,  I  hope,  that  is 
10,  but  only  barkening  to  his  love.    Then  I 
took  her  al>out  the  neck  and  kissed  her,  and 
endeavoured  to  comfort  her.     Oh,  madam! 
aaid  she,  I  have  not  deserved  this  kindness 
from  you ;  hot  it  is  he,  he  is  the  villain  that 
bath  undone  me :  but  1  will  do  any  thing  that 
you  will  command  me  to  do ;  if  he  ever  send 
vae  any  letter,  I  will  bring  it  to  you  unopened ; 
but  pray  do  not  lell  my  f^er  of  my  faults.    I 
promised  her  I  would  not,  so  she  would  break 
off  all  correspondence  with  him 

Here  she  swooned,  and  soon  after  ivooveKd 
on.] 


J.' 


^Then  my  lord    Grey's    wife,    my 

dangbter  Grey,  coming  down  to  Durdante,  he 
was  to  go  to  bis  own  house  at  Up-Paiic  in  Sus- 
mXy  and  he  writ  down  to  his  wiie  to  come  up  to 

JUmdon. It  is  possible  I  may  omit  some 

pazticular  things  that  were  done  just  at  such  or 
such  a  time,  but  I  speak  all  I  can  remember  in 
general.  My  lord  Gr^,  when  I  spoke  to  him 
<rf'it,  told  me,  he  would  otey  me  in  any  thing ; 
if  I  woukl  banish  him  the  house,  he  womd 
never  come  near  it ;  bnt  (hen  he  pretended  to 
advise  me  like  my  own  «on,  that  the  world 
would  ti&e  notice  of  it,  tliat  therefore  it  would 
be  better  for  me  to  take  her  abroad  with  me, 
he  would  aroid  all  yAfices  where  she  came,  but 
be  diongfat  it  best  ibr  her  not  to  be  kept  too 
mocfa  at  borne,  nor  he  absolutely  forbid  the 
house,  but  he  would  by  degrees  come  seldomer, 
once  in  six  weeks  or  two  months.  But  to  go 
en  to  my  daughter  Grey's  coming  down  to 
Burdmnts ;  he  writing  to  his  wife  to  come  up 
to  London,  that  he  might  fl^>eak  to  her  before 
he  went  to  his  own  house  at  Up-Park;  my 
dao^ter  Grey  desired  he  might  come  thith'^r, 
and  It  being  in  his  way  to  St^sex,  I  writ  him 
^ord,  that  believing  he  was  not  able  to  go  to 
Up-Park  in  one  day  from  London,  he  might 
eaJl  at  my  lord's  house  at  Durdants,  and  dine 
itare  by  the  way,  as  calliog  in,  intending  to 


Ke  at  Chiildibrd,  fbr  it  is  just  the  half-way  to 
Gnddford.  ,fle,  instead  ot*  coming  to  dinner, 
came  m  at  nine  o'clock  at  night  (I  am  sure  it 
was  so  raocb)  (or  it  was  so  dark,  we  could 
hardly  see  the  colour  of  his  horses,  from  my 
lord's  great  gate,  to  the  place  where  we  were 
ih  the  house:  And  coming  at  that  time  of 
night,  I  thought  if  1  turned  him  out  of  the 
house,  my  lord  would  wonder  at  it,  and  so 
woirfd  all  the  family.  Therefore  1  was  forced^ 
as  1  then  thought,  in  point  of  discretion,  to  let 
him  lie  there  that  nij^t,  which  he  did ;  and  he 
told  me,  Madam,  i  had  not  come  here,  but 
upon  your  ladyship's  letter,  nothing  else  should 
have  brought  *me :  because  I  was  to  give  him 
leave  to  come,  knovring  the  faults  he  had  com* 
ndtted  against  the  honour  of  our  family.  Ijpon 
which  I  told  him.  My  lord,  I  hope  you  have  so 
much  honour  and  gencrosnty  in  yon,  after  the 
promises  yon  have  made  me,  and  the  confi« 
dcnce  ana  indulgence  I  have  shewn  yon, 
that  you  will  give  my  daughter  no  letters,  and 
I  will  look  to  her  otherwise,  that  \ou  shall 
have  no  conversation  witli  her.  He  desired 
me  to  walk  up  with  him  into  the  gallery,  and 
there  he  told  me  he  had  brouglit  no  letters, 
and  would  have  had  me  looked  in  his  pocket. 
I  told  him  that  would  be  to  no  purpose,  foe 
his  man  Chamock  (whom  we  knew  he  did  not 
prefer  from  being  bis  coach-man  to  be  his  gen- 
tleman, but  for  some  extraordinary  service  he  did 
him,  or  he  thought  he  would  do  him)  inigbtbave 
letters  enough,  and  we  be  never  the  wiser :  but  T 
trusted  to  his  honnar  and  his  Christianity  :  and  I 
told  him,thitt  his  going  on  in  any  such  way  would 
be  her  utter  ruin.  He  told  me  he  would  not 
stay  there  any  longer  than  the  next  day  ;  nay ; 
he  would  be  gone  immediately  if  I  pleased,  and 
he  sent  his  coach  to  London,  and  had  nothing 
but  horses  \eh.  But  his  wife  desiring  her  hus- 
band to  stay,  I  had  a  very  hard  tadc  to  go 
through,  being  earnestly  pressed,  both  by  her 
and  my  own  lord's  im|M>rtunities  for  his  staj'. 
But  my  lord  Grey,  whilst  he  was  tliere,  did 
entertam  me  with  his  passion,  he  had  tlie  con- 
fidence to  do  it,  and  lie^  wished  himself  the 
veriest  rake- hell  in  the  world,  so  be  had  never 
seen  her  face  since  he  was  married.  And,  said 
he,  madam,  you  will  always  think  me  a  villain 
and  never  liave  a  good  opinion  pf  me,  I  shall 
be  always  imfertunate,  both  in  myself,  and 
your  bad  opinion  of  me.  Seeing  this,  I  thought 
it  was  time  to  do  something  moi*e  ;  and  I  told 
him  that  night  he  sliould  stay  no  longer,  be 
should  be  gone ;  and  his  wUe  seemed  to  be 
much  concerned,  and  would  fain  have  him  stay. 
For  by  this  time  she  began  to  find  out  that 
there  was  some  disorder  in  her  mother  and  the 
family,  though  she  knew  not  what  it  was ;  and 
she  sent  her  sister  Lucy  to  b^  he  might  stay 
I  told  her  I  would  not  suffer  it :  however,  she 
proposed  an  expedient  bow  her  sister  Harriett 
should  take  physic,  and  keep  her  chamber 
while  he  was  there.  That  I  was  in  a  sort  com- 
pelled to  do,  and  I  told  him,  upon  their  impor- 
tunity for  his  stay,  that  his  sister  Harriett  should 
be  seen  bo  more  by  him,  but  take  physic  whilo 


143]   STATE  TRIALS,  34  Charles  If.  l6S2,--Trial  of  Lard  Grey  and  others,  [U4f 


he  stayed  there:  to  ^hich  he  replied,  Madam, 
indeed  it  is  rude  for  me  to  say  it  to  you,  but  I 
must  say  it,  gi^e  me  my  choice,  either  to  be 
drowned  or  hans^ed .  Upon  this  I  was  extremely 
disturbed,  and  the  next  momins^f  I  told  him,  I 
was  not  satisfied  he  should  stay  in  England  ; 
be  had  ordered  his  viiSe  to  go  into  France,  and 
she  was  to  go  within  a  month  after,  I  would 
have  him  go  with  her.  He  told  me,  he  had 
law -suits,  and  he  could  not ;  1  told  him,  he 
had  told  me  before,  they  were  of  no  great  con- 
sequence, and  therefore  they  could  not  hinder 
him ;  and  I  pressed  him  very  much,  and  I  fell 
into  a  great  passion  at  last ;  and  told  him,  if  he 
would*  not  go,  I  would  tell  her  father  and  he 
should  take  care  of  her,  to  send  her  where  she 
should  be  safe  enough  from  him.  For  I  was 
jKnsible  the  world  would  take  notice  if  he  came 
not  thither ;  and,  said  I,  I  am  not  able  to  bear 
you  should.  Upon  this,  he  promised  me  with 
all  tbe  oaths,  imprecations,  and  promises  in  the 
world,  that  he  would  go  and  follow  his  wife  into 
France  at  Christmas,  and  stay  there  eight 
months  ;  aiid  by  that  time,  I  did  hope,  this  un- 
fortunate miserable  business  might  be  over: 
fok*  I  h^d  a  ^reat  kindness  for  my  child,  and 
would  have  done  any  thing  to  save  her,  if  it  had 
been  in  my  power,  or  would  vet  do  any  thing: 
i  would  give  my  life  that  the  world  did  not 
know  80  much  of  it  as  now  it  must  this 
day.  The  world  knows  I  had  always  the 
l^reatest  kindness  and  tenderness  tor  her, 
which  was  such,  that  some  that  are  now 
here  have  said  since  that  it  was  my  in- 
dulgence to  her,  and  not  making  it  known  to 
my  lord,  that  encouraged  this  last  ill  business. 
And  thereupon  my  lord  Grey  was  ordered  by 
me  to  go  away,  and  he  promised  me  so  to  do, 
which  was  upon  Saturday.  I  then  went  up 
to  her  chamber,  and  saw  her  very  melancholy, 
and  did  what  I  could  to  comfort  her.  Said  I, 
I  warrant  you,  by  the  gracaof  God,  do  but  do 
what  you  ought,  and  I  will  bring  you  off  this 
business ;  be  cbearfnl,  and  be  not  so  much 
cast  down  (for  I  thought  she  was  troubled  ,at 
my  carriage  to  her)  and  though  I  said  some 
severe  thmgs  to  you  at  dinner  (as  I  did  talk 
of  her  going  away,  and  being  sent  abroad)  be 
not  troubled,  for  1  only  meant  it  out  of  kind- 
ness to  you  ;  for  all  I  design,  is  only  to  seek 
an  occasion  of  getting  him  away ;  and  there- 
tore,  as  long  as  he  stays,  I  ivill  seem  to  whisper 
with  you,  and  look  frowningly  upon  you,  and 
that  if  he  hath  any  tendmiess  for  you,  ,he 
may  see  I  am  angry  with  you  and  do  the 
more  to  leave  you  at  (^uiet:  but  take  no 
notice  of  it,  for  I  now  smde  to  you,  though 
I  frowned  before  him,  be  not  amightcd  In 
the  afternoon  I  told  her  the  same  thing 
again.  But  then,  said^  she,  he  will  shew  my 
letters  to  him,  and  that  will  ruin  my  reputation 
fbrever,  and  that  troubles  me  ;  but  yet  it  need 
not,  for  I  never  writ  to  any  man  but  him,  and  if 
he  doth  shew  them,  he  will  expose  hiraselffor 
abase  uni^^orthy  man,  and  I  can  but  deny  it. 
and  he  can  never  prove  it.  This  is  true,  said  I, 
••Bd  v«ry  well  said,  and  therefore  be  not  afraid 


of  him,  but  trust  to  the  friendship  of  your  mo- 
ther, and  do  as  yoil  ought  to  do,  and  I  am  con- 
sent we  shall  bring  you  dear  off  from  thia 
Uffly , business.  And  then,  said  she,  but  oh. 
Madam !  my  sister,  my  sister  Grey,  ynW  she 
forgive  me  tbis  i  I  told  her,  her  sister  Grey 
was  good-natured  and  religious,  and  I  made  no 
doubt  she  would  forgive  her  the  folly  of  her 
youth,  and  if  she  would  take  up  yet,  she  was 
young,  and  her  sister  would  impute  it  to  that, 
and,  said  I,  I  am  sure  she  will  forgive  you ;  and 
I  told  her,  I  would  do  ail  that  lay  in  my  power 
to  assbit  her  ;  and  I  bid  her  be  chearfui  and 
trust  in  God  and  in  my  friendship.  She  was  to 
blame,  indeed,  she  acknowledged,  but  she  was 
young,  and  he  was  cunning,  and  had  made 
it  his  business  to  delude  and  intice  her.  I  told 
her  it  was  true,  and  therefore  now  she  must 
consider  with  herself,  what  was  to  be  done  to 
bring  her  off,  which  I  doubted  not,  if  she  would 
do  but  as  she  ought ;  she  promised  me  so  to  de ; 
and  yet  that  very  night  when  I  was  in  my  sleep 

she  ran  Jiway. 

[Here  she  swooned  again] 

Serj.  Jeff,  What  time  went  my  lord  Gi-ey 
away,  madam,  that  day  ? 

liuly  Berkeley,  He  went  away  about  four 
o'clock  in  the  afternoon. 

Serj.  Jeff,  And  the  ensuing  night  the  lady 
was  gone  ? 

I^y  Berkeley.  Yes,  that  night  she  went 
away  to6. 

Serj.  Jeff,  My  lord,  I  crave  leave  to  acquaint 
you  with  one  circumstance  that  has  been  al- 
ready hinted,  that  is  about  Chamock,  a  per- 
son that  is  taken  notice  of  by  both  the  ladies 
that  have  given  evidence,  and  one  of  the 
defendants  in  this  informatioii.  lliis  man, 
as  they  seem  to  intimato,  for  some  extraor- 
dinary' service  he  had  doue  my  lord  Grey,  or 
was  designed  for  the  doing  of,  was  removetl 
from  the  degree  of  his  coachman,  to  the 
waiting  upon  him  in  his  chamber.  He  at 
this  time  came  with  lord  Grey  to  Durdants, 
a  house  of  my  lord  Berkeley's  near  Epsom,  and 
which  was  in  the  way  to  my  lord  Grey's  house 
in  Sussex,  that  is  called  Up-Park.  And  they 
being  there,  notwithstanding  all  those  protesta- 
tions and  promises  made  by  my  lord  Grey  to 
his  lady  mother,  as  you  have  heard,  to  meddle 
no  more  in  this  matter,  yet  we  shall  give  you 
an  account,  how  that  the  day  before  the  night 
that  the  young  lady  went  away,  my  lord  Grey 
was  very  importunately  busy  wiUi  his  maa 
Chamock ;  what  discourses  tuey  had,  or  what 
directions  he  gave  him  perhaps  may  not  be 
known  ;  but  his  earnestness  in  talking  witli 
him,  and  his  impatience  and  re^Uessr^ess  we 
shaU  prove  ;  and  uieo  give  you  a  very  full  proof 
that  CbaniO'  k  was  the  person  that  took  her 
away ;  and  then  letthejuxy  and  the  court  make 
the  cM^nclusion. 

Atty  Gen,  It  maybe,  my  lord,  we  thall  not  be 
able  to  prove  the  actual  >  akin^-  away  from  thence, 
but  only  by  undeniable  circum»itantial  proof.. 
Such  impieties  use  not  to  be  acted  ojienly. 

L.  C.  /•  Truly,  as  far  as  I  can  see,  here  bai^ 


145}  STATETMALS,  S^CuAnhlssnA6S2.'-'for debauching Ladifn. Berkeley.  [14$ 

Why  CfaarDOcky  said  he,  was  the  man  that  took 
her  away. 

Sen.  Jeff[  Who  was  it  that  said  so  to  you. 
Sir  ?  Name  him. 

Mr.  .  Mr.  Rogers,  my  lord  Berkeley's 

chaplain. 

Seij.  Jeff.  If  your  lordsliip  please  to  observe 
the  particular  times,  when  my  lord  Grey  was 
so  earnest  in  giving  Chamock  directions,  that 
was  on  the  &turday  at  noon,  and  it  was  t)iat 
night  the  young  lady  went  away . 

X.  C.  X  W^hen  came  my  lord  Grey  to  my 
lord  Berkeley's  ? 

Alt.  Gen,  The  Tuesday  or  Wednesday  be- 
fore, I  think  ;  some  days'it  was. 

Sen.  Jeff.  But  upou  the  Saturday  night  it 
was  she  went  away  ;  this  unfortunate  laiiy  tliat 
we  hare  produced,  her  mother,  and  so  the  lady 
her  sister,  spoke  both  of  theii'  icars  of  Cluir- 
nods.  Now  we  shall  prove,  tliat  tliis  Char- 
nock  was  on  Suuday  moniing,  at  eight  o'clock 
in  the  morning^,  here  in  I^ndon,  with  a  }  oung 
lady,  In  what  habit  that  young  lady  was,  our 
witnesses  will  tell  you ;  and  othei-s  will  givtt 
you  an  account  what  habit  this  lady  went  away 
in,  and  then  it  will  be  seen  who  she  was.  Call 
Eleanor  Hilton. 

Att.  Gen.  But  if  you  please,  Mr.  Seijeant, 
I  think  it  will  be  proper  first  to  examine  my 
lady  Lucy,  who  upon  the  missing  this  young 
lady,  foUowed  my  lord  Grey  to  Guildford,  and 
overtaking  him,  acquainted  him  with  it,  and 
immediately  he  took  post  and  came  to  London. 
Pray  swear  my  lady  Lucy. 


more  done  barefaced,  than  one  would 
should  be  done  in  any  Christian  nation. 

[Then  a  Clergyman  that  stood  by  was  sworn, 
hit  his  name  not  told.] 

Serj.  J^.  Pray,  Sir,  will  you  t^l  my  lord  and 
Ifaehnry  what  you  know. 

Mr. .  My  lord,  I  was  at  Durdants, 

my  lord  Berkeley's  house  near  Epsom  in 
ftwrey,  ml  the  time  of  this  ill  accident,  and  some 
line  after*  And  upon  the  Saturday  in  the  af- 
taniuou  I  (iDSDoediately  after  dinner  was  over  at 

a  lord's  own  table)  walked  in  the  great  paved 
;  and  stood  in  the  door  that  kioked  towards 
the  Downs  ;  and  my  lord  Grey  came  into  the 
hall  akme,  and  walked  three  or  four  times 
veiy  tiioiightfully,  and  then  leaned  upon  the 
window,  ^1  often  locked  upon  the  ground,  and 
within  a  little  while  he  steps  into  the  steward's 
haD,  where  the  gentlemen  were  at  dinner,  and 
he  calls  to  Chmock,  who  came  out  to  him. 
He  takes  him  out  of  the  hall  to  the  foot  of  the 
alair-Gase,  and  there  they  talked   together  a 
great  while,  and  after  some  time  my  lord  Grey 
went  away,   and  Oharnock  did  so  too,  I  think 
to  hisdinner  again,  I  cannot  tell  any  thing  to 
the  cmtrary.    The  reflection  I  made  upon  this 
yswugr  then  was,  that  my  lord  Grey  was  ye)Fy 
yictyal  in  giving  his  servant  orders,  which  X 
thought  he  was  to  carry  to  London  with  him, 
hot  I  suspected  nothing  of  this  matter,  nor  any 
diing  ebe  that  was  ill  then.    Mr.  ChamodK 
tben  passii^  by  me,  said  I,  Mr.  Chfonock, 
BOW  long'  will  it  be  before  you  are  going  ^  He 
made  me  no  answer,  not  one  word.    Tbere- 
npen  I  went  into  the  library,  and  between  that 
and  Mr.  Chamock's  chamber  there  was  bikt  a 
veiy  thin  wall,  and  presently  after  I  came  into 
the  library,  my  lord  Grey  sent  one  (as  the  mes- 
senger said)  for  Mr.  Cbamodc,  and  he  went 
Aofwn  to  him,  as  I  suppose,  and  in  a  little  time, 
enne  up  again.     And  after  that,  I  do  believe, 
1  did  hear  another  messenger  come  from  him 
to  Mr.  Chamock  again,  I  will  not  swear  that, 
Jbr  i  am  not  sure  ofit ;  because,  bein^  at  that 
time  l^mnr  in  reading  I  made  no  reflection  upon 
it  ttll  afterwards.     But  about  a  fortnifi^ht  or 
diree  weeks  after,  there  comes  a  gentleman 
to  see  me  at  my  lodgings,  and  falling  into  dis- 
course what  news  there  was ;  our  first  discourse 
was  of  the  lady's  being  missing  ;  he  said,  it 
woidd  be  sad  he  feared  when  she  was  lieard  of. 
Why,  said  I,  what  do  yon  mean  ?  I  suppose 
Mr.  Forrester  and  she  are  together,  for  that 
was  the  talk  of  the  town.   No,  said  he,  it  is  no 
SQch  thing  ;  but  if  you  will  nuika  it  a  secret, 
unless  it  comes  to  be  made  a  public  business,  1 
will  tell  yon  ;  I   do  not  doubt  my  lord  Grey 
Ctfried  her  away  with  a  design  to  debauch  her. 
that  is  hard  to  he  believed,  said  I ;   I  cannot 
befiere  it.     Why,  'said  he,  you  were  there 
wtea  he  went  away  ?   Yes,  said  I,  but  how 
long  was  that  before  the  lady  was  missing  ?  said 
be,  it  was  that  afternoon.    Then  came  into 
ny  mind  his  earnest  discourse  with  Chamock 
tui  that  which  I  obser^^cd  about  it,  and  sending 
Moflbm  for  him  ;  and  I  told  that  person  of  it. 
rot.  IX. 


[Which  was  done,  she  being  in  a  box  by 
the  bar.] 

L,  C.  J.  Well,  what  do  you  ask  that  lady  T 
Serj.  Jeff*  We  produce  her,  my  lord,  to  hear 
what  passed  between  her  and  my  lord  Grey  at 
Goildtord.  Pray,  madam,  win  your  ladyship 
acquaint  the  Court  what  occasion  you  had  to 
go  to  Guildford,  and  what  you  said  to  my  lord 
Grey,  and  what  he  said  to  you,  and  did  after- 
wards. 

Lady  Lucy.  !My  lord,  as  soon  as  my  lady 
Harriett  was  missing,  supposini^my  lord  Grey 
could  best  give  an  account  where  she  ^  as,  1 
went  after  him  to  Guildford,  and  he  was  gone 
half  an  hour  from  thence  before  I  came  thi- 
ther, hut  by  sending  post  after  him,  be  was 
overtaken,  and  came  back  to  me.  I  told  him 
ray  lady  Harriett  was  gone  away,  antl  I  con- 
jured him  by  all  that  was  sacred  and  dear  to 
him,  to  prevent  so  great  a  misfortune  as  this 
would  be  to  the  family.  He  then  pretended  ho 
did  not  know  any  thing  of  her  going,  but  pro- 
mised me,  that  if  he  could  fuid  her  out,  h« 
would  endeavour  to  persuade  her  to  retiiru 
home,  but  he  would  not  force  her.  After  se- 
veral discourses,  which  it  is  impossible  for  me 
to  remember  pai'ticularly  (saying  that  he  had 
donenotlung  that  was  illegal,  and  if  she  did  not 
9ny  thing,  we  could  do  nothing  against  hith  ;) 
he  at  last  parted  from  me,  to  go  to  Ix>ndon, 
as  I  suppose.  I  begged  of  him  that  I  might 
bepemuttcd  U>go  along  with  him,  that  I  might 


147]  STAtE  tRiAlS;  34CflABi.Eftn.  iGBi.'-liidl&f  Lord  Greg  gni0it»r8,[\M 


«peak  tf>  her,  supposinff  I  mi^t  retrieve  Ifih 
business,  and  recover  ner,  before  it  were  gfone 
too  far,  bnt  he  denied  it  toe,  and  went  away. 
After  that  I  met  him,  a  day  or  two  after,  I 
tiiink,  I  cannot  tell  juitly  the  time,  and  he 
pretended,  he  did  not  know  where  she  was, 
out  only  he  knew  where  to  send  to  )^ev ;  and 
lie  would  do  all  he  conld  to  sfet  her  to  retmn 
kome.  He  was  senaiblc^  of  what  a  misfortune 
this  was  to  the  family.  But  soon  after  he 
went  to  Up-Park  asain,  as  be  said,  to  shew  us 
Ibat  he  was  not  with  her.  And  he  afterwards 
Writ  me  a  letter,  wherein  he  says,  he  could 
not  persuade  her  to  come  home,  but  the  con- 
clusion of  it  was,  "  He  would  do  all  he  could 
to  restore  peace  and  quiet  to  the  family,  which 
by  his  follies  were  so  miserably  disturned." 

Lady  Arabella.  Ny  lord,  I  desire  to  speak 
one  thing ;  about  six  weeks  ago  I  met  my 
lord  Grey  attny  lord  chief  justice's  chamber, 
and  he  iM  me,  he  had  my  lady  Harriett 
Berkeley  in  his  power,^  or  in  his  protection,  or 
io  that  effect,  he  said. 
Jtt.  Gen,  I^y  telU  Madam,  when  that  was? 
Lady  Arabella,  About  ^x  weeks  ago,  I 
cannot  justly  say  the  day. 

Sen.  Jeff,  But  if  your  ladyship  nleases,  my 
lady  Lucy,  it  will  very  much  satisfy  the  jury, 
if  you  would  shew  the  letter  yon  speak  of. 
Mr,  Williams,   Ay,  pray  shew  tlie  letter. 
Lady  Lucy,  It  was  a  letter  before  that  which 
he  writ  to  me  at  Durdants. 

X.  C.  J,  When  was  that  letter  you  speak  ot 
written? 

Lady  Lucy.  Aboat  a  week  after  mv  sister 
was  gone,  I  cannot  exactly  remember  the  day. 
Mr.  WilUams,  Pray ,  Madam, can  you  pro- 
dace  that  letter  f 
Lady  Xt^.  No,  I  have  it  not  here: 
Serj.  Jeff.    Then   swear   Eleanor   HiKon. 
[Which  was  done.] 
Sol.  Gen,  Is  your  name  Eleanor  HUton  f 
Mrs.  Hilton,  Yes,  it  is,  Sir. 
Att,  Gen,  Pray  speak  out,  that  my  lord  and 
the  jury  may  hear  you.    Do  you  remember 
the  90th  of  August  last  ?  Did  Chamock  come 
to  your  house  with  a  yoong  lady  ?    Did  you 
ftee  her,  and  what  time  of  the  day  was  it  ? 
Hilton.  I  cannot  tell  what  time  of  day  it  was. 
Sen.  Jeff.  What  day  of  the  week  was  it? 
Hilton.  It  was  on  a  Sunday. 
Sol.  Gen.  What  month  was  it  in  ? 
Hilton.  1  cannot  teD,  truly. 
Seg.  Jeff,  About  what  time  of  the  year  was  it  ? 
Hilton.  About  eight  or  nine  w^&a  ago,  or 
Mvnething  more. 
Sen.  Mff.  WeD,  what  did  yon  see  then  ? 
Eiltqn.  There  Was  a  young  lady  that  eame 
to  our  house,  she  came  or  herself,  Chamock  he 
was  nor  with  her  ;  he  came  before  iodeeil,  and 
asked  me  if  I  had  any  room  to  spare,  and  I 
shewed  him  what  we  had  ;  he  went  away,  and 
I  saw  00  more  of  him  ;  afterwards,  as  I  said, 
ahe  came  ;  but  who  the  was,  or  what  she  was» 
I  cannot  tdl. 
Hep. /(^  Can  yon  desty^  her  clothes? 
MiUm.  fStiA  had  a  oaloiir^i  nigfat-gown  on 


of  several  bolottrs;  I  cannot  say  What  pifflt- 
cnlar  stuff  it  was :  am!  she  had  a  pettiooaf  mi 
white  and  red. 

Sen.  Jeff.  Did  you  see  her  face  ? 

HUton.  I  cannot  say  I  did  fully. 

Att.  Gen.  Do  you  think  yon  ,i^ioiild  know 
her  again,  if  you  should  see  her  ? 

Huton.  I  cannot  say  that. 

Ser|.  Jeff.  (To  the  lady  Harriett)  piVf 
Madam,  wiH  yon  stand  npa  little,  and  tarn «p 
your  hood.    [Which,she  did.] 

Hilton,  T^ily  I  cannot  say  that  is  the  lady^ 

Att,  Gen,  Do  you  believe  it  was  she  f 

HiHon,  I  cannot  say  it  truly. 

Att.  Gen,  Have  you  seen  her  nictnre  ailiee, 
and  is  this  lady  like  that  picture  r 

IMbr.  Attorney.  She  says,  she  cannot  say  it  i» 
the  same  lady. 

Sol.. Gen.  Pray,  Mistress,  to  what  puiposa 
was  she  brought  to  your  house  ? 

Hilton,  They  did  not  tell  me  that. 

Att.  Gen,  Was  it  not  to  lodge  there  ? 

Hilton,  She  staid  Ihere  but  a  while,  ttti 
went  away  again. 

Alt.  Gen.  Whither  did  she  go  then  P 

Hilton.  To  one  Patten's  in  Wfld-street. 

Serj.  Jeff,  You  went  with  her,  mistress,  dM 
not  you  ? — Hilton.  Yes,  I  did  so. 

Sen.  J^.  Pkay,  was  there  any  letter  or  noli» 
broujfnt  to  your  house  for  Chamock  ? 

mlton.  Yes,  I  brou&'ht  it  to  Mrs.  Chamo<3t. 

Seij.  Jeff.  Did  you  near  any  reason  givett 
for  her  removal  from  your  house  ? 

Att,  Gen,  Pray  did  she  ^o  to  bed  at  yod* 
house  ?'^Hilton.  She  did  he  down. 

Seij.  Jef.  What  time  of  the  day  was  it  ? 

Hilton,    About  nine  or  ten  in  me  moninf^ 

Sol.  Gen.  Pray,  did  she  say  she  had  heen 
at  church,  or  what  did  she  say  r 

HiU0n.  She  said  somewhat  to  that  purpose, 
she  said  she  was  Weary. 

Serj./e^.  What  company  came  to  fhe  ladjr^ 
while  she  was  at  your  house  ? 

Hilton,  No  body  but  Mrs.  Chamock. 

Seij.  Jeff,  Did  you  see  Mrs.  Chamod^  ha 
her  company? — Hilton,  Yes. 

Ser).  Jeff,  Yon  saw  her  come  hi  to  her  ? 

Hilton,  Yes. 

Serj.  J^,  Did  she  behave  herself  to  her,  tt 
to  a  lady  of  quality  ? 

Hilton.  I  cannot  tell  that,  trafy. 

Sen.  Jeff.  Why,-  how  did  she  carry  it  to  her  • 

Hilton.  Whether  she  was  in  bed  or  no^  I 
cannot  tdl ;  bat  when  she  came  in,  the  young; 
lady  said,  How  do  you,  Mrs.  Chamock  ?  Shfe 
said,  Your  servant,  madam,  or  to  that  pnrpofe, 
I  cannot  exactly  teD. 

Serj.  Jeff.  Von  bronght  the  note  to  M^. 
Chamock,  yon  ^ay  fSilton.  Yes. 

Att.  Gen,  Did  she  stay  at  Mrs.  Pattdlh'te 
after  that  ? — Hilton.  1  suppose  she  might. 

Sol.  Gen,  Pray  recollect  yourself  a  VltOitp 
and  tell  us  what  colour  was  her  manteau  ? 

^Hilton.  Truly,  it  was  all  manner  of  coiottri, 
red,  and  gteen,  and  Mae,  and  I  cannot  tdl 
wkatcohmrs. 

Att.Gtn.  WUtooHnmBd petticoat P 


i 


H9]  VtiaRTRlAUi,U9BAnnU.  l€K.^€r4etwdki^gLad^H.B€rkeby.  [U9 


EUton.  Rod  ttd  white. 
Sal.  Qen.  How  long  after  diM,  did  you  hear 
Bj  hioi  Berkdey's  daughter  wm  miaiiing  ? 

mUtm,  ilvhUeafW. 

Alt.  Gen,  How  lon^  ?  Was  it  that  week  ? 

Hiilmt.  I  cannot  tett,  it  WM  not  long  alW. 

Ml  Geu.  Was  it  the  same  lad  v  tw  came 
ti  your  house  in  these  clothes,  tJaat  vent  lo 
prtfecn'sait  nieht? 

JL  C.  jr.  Why,  she  says  she  went  with  her, 
4o  not  examiiie  her  the  same  things  over  again. 

Mi.  Gen.  Were  you  examined  be£»re  sir 
Wiliiaak  Tunier,  aboutthis  matter  ? 

HiUoa.  Yes,  I  was. 

Ml  Gen.  Was  it  the/day  of  the  month  you 
tkea  said  it  ^as  P 

EiUon.  I  suppose  it  might ;  I  cannot  tell 
lbs  day  of  the  month. 

Ah.  Gen.  Was  it  the^onth  f 

SiUon.  It  18  like  it  was. 

L.C.J,  8he  has  fixed  it  now  to  be  8  or  9 
wedcsago. 

floj.  Jqlf.  Did  die  giTA  any  reason  why  she 
wsBremsfvedP-^flilfon.  None  at  all. 

Ser}.  Jejf.  Nov,  my  laid,  we  will  bring  it 
down  to  be  dus  my  lady.  Mt  lady  Arabola, 
Vnj,  madam,  what  ckmes  m  my  lady  Har- 
nett go  away  in  ? 

Lady  Arabella.  My  lady  Haniett  bad  such 
clothes  as  they  speak  of,  I  cannot  say  she  went 
away  in  her  Bight  gown,  but  here  is  one  that 
san:  But  there  was  a  striped  night-gown^  of 
many  oolonrs,  green,  and  blue,  and  red. 

L  C.  J.  She  does  remember  she  bad  such  a 
sue,  hot  she  cannot  say  she  went  away  in  it. 

Serj.  Jeff.  Was  there  not  a  chequered  petti- 
coat led  and  white  ? 

Lady  Arabella.  She  had  such  a  petticoat, 
bit  1  cannot  sa^  she  went  away  in  it ;  die  had 
tho  a  white  quilted  petticoat 

Sen.  Jeff.  17hen  swear  Mrs.  Doney  (Which 
WIS  me.)  Ify  lord,  we  call  this  gentlewoman 
to  give  an  account  what  habit  sm  went  away 
ia ;  for  she  lay  with  her  always. 

Au.  Geu.  Did  you  lie  with  my  lady  Har- 
ris Berkeley,  when  she  stole  away  ? 

Mrs.  Doney.  Yes,  indeed,  Sir,  I  did  lie  in 
Ibe  chamber  that  night,  and  she  went  away 
with  ber  morning  clothes,  which  lay  ready  for 
ber  there,  aeainat  she  did  rise  in  the  morning. 
It  wss  a  stnped  night-gown  of  many  colours, 
aad  a  petticoat  of  white  and  red,  aadaquilted 
petticoat. 

AtL  Gen.  Was  she  so  habited,  that  came  to 
ibeboase,Mn.  Hilton? 

L.  C.  J.   She  has  said  so  already. 

Sen.  Jeff".  Now  you  ase  pleaseif  to  observe, 
that  besides  the  circumstances  of  the  clothes, 
Ihere  is  mention  made  of  a  note;  Mrs.  Hilton 
iK?8  she  received  a  letter  and  gave  it  to  Mrs. 
CbuDoek ;  and  that  soon  after  they  went  to 
^UMi's  house  in  Wild-street.  We  shall  call 
^  people  of  that  house,  to  give  an  account 
^W  gentlewoman  it  was  that  came  to  their 
ixnue.  Pray  swear  Mr.  Patten.  [Which  was 
dane.] 

M  Gen.  Pray,  will  you  ted  my  knrd  and  th« 


jury,  whether  Mr.  Chamock  and  his  wife  cam^ 
to  your  house,  and  with  whom,  and  about 
what? 

Mr.  Patten.  My  lord,  about  the  latter  end 
of  July,  or  the  beginning  of  August,  Mr. 
Chamock  and  his  wife  came  to  my  house 
when  we  were  just  removed,  to.  take  som^ 
lodgings  for  a  person  of  quality ;  but  they  did 
not  say  who.  Said  I  then.  We  have  no  lodg- 
ings now  ready  ;  said  they.  We  shall  not  wuii 
them  yet,  till  towards  the  middle  of  September* 
Says  Wf  wifi»,  I  suppose  by  that  time  our 
house  will  be  ready ;  and  if  it  will  do  you  any 
kindness  you  may  have  it.  About  the  30tn 
of  August  being  wnday,  Mrs*  Hilton  brings  a 
mitlewomaa  wiith  Mrs.  Chamock  to  my 
ncNise ;  and  when  Ikey  were  come,  they  called 
me  up,  and  seeing  them  aU  three  there,  I  told 
Mrs.  Chamock,  We  have  no  lodgings  fit  for 
any  body,  of  any  quality,  at  present.  Saya 
Mrs.  Hilton,  Lt^'s  see  the  candle,  and  runs  up 
stairs  into  a  roon\  where  there  was  a  bed,  but 
no  hangings ;  whip  they  came  in,  they  locked 
themsmes  into  the  room.  My  wife's  daughter 
being  in  the  house,  I  desired  her  to  seim  for 
'my  wife,  who  was  then  abroad ;  wliichsbe  did^ 
Tney  desired  my  wife's  daughter  to  lodge 
with  the  gentlewoman  that  they  brougfbt 
thither,  and  they  were  making  the  ped  ready. 

I  sent  them  up  word.  That  I  ftesired  they 
would  walk  into  the  dining-room  for  the  pre- 
seot ;  they  sent  me  won)  £wn  again.  They  did 
not  desire  to  do  that,  for  they  were  alraid  the 
li^ht  would  be  seen  into  the  street,  and  witbal, 

II  any  body  came  to  enquire  for  Mrs.  Char* 
nock,  or  Mrs.  Hilton,  I  should  say  there  was 
no  body  there,  presently  after,  I  think  (or  be- 
fore I  cannot  justly  say  which)  a  letter  was 
carried  up  staurs  to  them,  upon  which  they 
came  down  stairs,  and  away  they  went  up  tM 
street,  and  when  they  were  gone  a  little  way 
on  foot,  Mrs.  Chamock  desired  them  to  turn 
back  again,  for  she  hoped  to  get  a  coach,  anJl 
she  didso,  and  went  away. 

Att.  Gen.  So  they  did  not  lodge  there? 

Mr.  Fatten.  No,  they  did  not 

Seij.  Jeff,  Did  they  say  any  thing  of  care 
that  was  to  be  taken,  now  they  passed  by  my 
lady  Northumberland's  P 

Mr.  Fatten.  My  lord,  I  do  not  well  Demem* 
ber  that:  But  the  next  day  Mrs.  Hilton  oomns 
again  to  our  house,  and  she  runs  up  stairs  inta 
w  same  room,  and  aits  her  down  upon  the 
bed-side.  Said  I  to  ber,  Mrs.  Hilton,  Wl\at 
gentlewoman  was  that  that  was  here  last  niff  ht  ? 
Says  she,  I  cannot  tell,  but  I  believe  she  is 
some  person  of  quality,  for  Mrs.  Chamock 
brought  her  to  onr  bouse  at  7  o'clock  in  the 
mornmfif.  But  whoever  she  %s^  she  is  muoh 
troubled,  we  could  get  her  to  eat  nothing,  but 
her  eyes .  were  very  red  with  crying,  and  we 
came  away  to  your  house  at  niebt ;  because 
hearing  some  noise  c^p^ple  in  me  street,  she 
was  afiaid  some  of  her  father's  servauls  were 
come,  but  it  Was  only  some  peo(>]e  that. were 
gathered  about  to  ohseiTe  the  blazing  star.  So 
wewhippedo«tof  the4oor,  andsQ  came  to  your 


151]  STATE  TRIALS,  34  CHAntBsU.  leBt.—TirUd^f  Lord  Grey  end  4fther$,[lM 

boiiser  for  wc  had  fiever  a  back-door  oat  of  our  I  up  any  more.     And  afterwards   my  fellow 
^^^^  serrant  and  I  were  bid  to  go  to  bed,  and  my 


Att.  Gen,  Pray  give  an  account  what  habit 
the  gentlewonian  was  in  that  came  to  your 
house- 
Mr.  Patten.  She  bad  a  stripetl  flowered 
gowu,  very  much  sullied,  it  was  flung  about 
her,  just  as  if  she  had  newly  come  out  of 
bed.  I  did  see  her  face,  but  when  1  had  just 
looked  upon  her,  she  clapped  her  hood  together 
over  it  presently. 

8erj.  Jeff,  lio  you  think  you  should  know 
her  again  if  you  see  her  ?  *^ 

Mr^Fa^en.  I  believe  I  mig^ht. 
Serj.  Jeff',    Pray,  madam,  stand  up  again, 
and  lift  up  your  hood.    [Which  she  did.] 

Mr.  Fatten.  This  is  the  lady.  I  saw  her 
f&ce  twice,  once  as  I  told  you,  and  then  when 
she  went  away,  I  dropped  down,  and  peeped 
up,  and  looked  her  in  the  face  again,  tnough 
i^e  hid  it  as  much  as  she  could. 

Att.  Gen.  Thus  W8  hare  proved  it  upon 
Chamock  and  his  wife.       • 

Seij.  Jeff.  He  gives  an  account  of  the  90th 
of  August,  which  was  the  day  after  she  went 
from  lier  father's  house.  Pray  call  Mrs. 
Fletcher. 

Att.  Gen.  We  shall  now  prove  that  they 
went  from  thence  to  one  Mr.  Jones's ;  that  my 
lord  Grey  came  there  to  take  lodgings,  and 
after  she  was  brought,  came  thither  again,  and 
though  he  changed  his  hair  into  a  perriwig, 
yet  he  was  known  for  all  his  disguise. 
.  Sol.  Gen.  My  lord,  you  see  that  it  is  proved 
upon  three  of  the  defendants,  my  lord  Grey, 
and  Chamock,  and  his  wife;   now  we  shall 

Srove  it  upon  the  other  two,  the  Jones's.  Swear 
lary  Fletcher.     [Which  was  done.] 

Serj.  Jeff.  Sweetheart,  pra.y  tell  the  court 
where  you  lived,  and  when  my  lord  Grey 
canife  to  your  house  ;  tdl  the  time  as  near  as 
you  can,  and  the  day  of  the  week. 

Fletcher.  Sir,  he  came  to  David  Jones's 
on  the  Tuesday  after  my  lady  Berkeley  was 
missing. 

X.  C.  J.  IVhere  does  David  Jones  live? 

Fletcher.  At  Charing-cross  just  over  against 
the  Statue.  And  living  there,  my  lord  Grey 
came  there  in  a  hackuev  coach,  first  on  the 
Monday  whhout  a  pcn-iwlg,  or  any  thing  of 
that,  and  desired  Mr.  Jones  to  come  to  the 
coach  side,  which  he  did,  and  after  a  little  dis- 
course with  Mr.  Jones,  they  both  came  into 
the  house,  and  went  up  two  pair  of  stairs  to 
look  upon  lodgings.  After  that,  I  had  order  to 
make  ready  the  room  for  soiiie  lodgers  who 
were  expected  to  come  that  night,  but  did  not 
till  tlie  next  day.  About  Tuesday  at  nine  of 
the  clock,  my  lord  Grey  comes  again  in  a  coach 
to  the  door,  and  threw*  his  cloak  over  his  face, 
he  was  then  without  his  perrivng  too,  and  de- 
nted to  si>eak  with  Mr.  Jones:  I  and  my 
fallow  servant  standing  at  the  door,  he  desir^l 
to  speak  with  my  master.  I  went  to  him,  and 
told  him,  he  came  up,  and  ai%er  he  had  been 
at  the  coach  side,  he  bid  us  go  down,  and  keep 
dovru  in  the  kitchen,  and  would  not  let  us  come 


mistress  shut  up  the  shop- windows  herself. 
Serj.  J^  Well,  go  on,  what  happened  after 

that? 

Maid.  Afterwards  there  was  the  warroing'' 
pan,  and  the  candlestick,  «md  otlier  thin^ 
were  carried  up  into  the  chamber  by  my  mis- 
tress's sister.  Says  my  fellow  servant,  thera 
is  som  i  great  stranger  sure,  come  to  lodge  here, 
that  we  must  not  know  of.  Ay,  said  1,  thb  » 
some  great  intrigue  or  other.  After  a  while 
came  in  some  company  that  stayed  all  mgfat. 
I  know  not  who  they  were,    or  how  they 

came. 
Serj.  Jc/f.    Well,  what  was  done  the  next 

moimng  ? 

Maid.  I  was  never  admitted  into  the  room 
while  they  were  there,  but  through  the  open* 
ing  o;'  the  door  I  did  see  one  lady  in  bed, 
but  I  cannot  say  who  she  was,  nor  what  she 
was. 

Att.  Gen.    Do  you  know  her  if  yon  see 
her  again  ?    Look  at  that  kuly ;  is  that  she  ? 
Maid.  No,  I  donotknow  her ;  I  cannot  say 
that  is  she  :  My  mistress,  and  my  mistreas's 
sister  stood  both  before  me,  when  I  just  peeped 
into  the  room,  and  when  she  perceived  that,  1 
did  see  her  pull  the  clothes  over  her  face. 
Sol.  Gen.  How  long  did  she  stay  there? 
Maid.  Nine  nights. 

Serj.  Jef.  Do  you  know  my  lord  Grey 
well? 

Alaid.  Yes,  I  have  seen  him  often. 
Serj.  Jeff.  Did  you  know  him  ootwithstand- 
ingiiis  disguise  ?^  ATatff.  Yes. 

Serj.  Jef'.  What  did  Mrs.  Jones  say  to  yon 
about  my  lord  Grey? 

Maid.  She  said  to  us,  what  fools  were  we, 
to  say  this  was  my  lord  Grey,  it  was  a  country 
gentleman. 

Serj.  Jeff.  But  you  are  sure  it  was  my  lord 
Grey? 

ilaid.  Yes,  I  am  sure  it  was  he. 
-   Att.  Gen.    Did  any  body  else  lodge  at  your 
house  at  that  time  ? 

Maid.  Yes,  captain  Fitz-Gerrard. 
Att.  Gen.  What  discourse  had  you  with  bios 
about  this  lady  ? 

Mr.  Wiiliams.  You,  woman,  did  my  lord 
Grey  stay  there  ? 

Maid.  I  cannot  say  he  did. 
L.  C.  J.  Mr.  Attorney,  if  the  question  yoa 
ask,  be  to  introduce  another  part  ^f  your  evi- 
dence from  captain  Fitz-Gerrard  himself,  it 
may  be  somethmg  y  otherwise  that  can  be  no 
evidence  againstthc  defendants,  what  discourse 
was  with  another. 

Serj.  Jeff.  It  is  so,  my  lord :  and  therefore 
we  ask  you,  sweetbeait,  what  past  between  yoa 
and  the  capkain  ? 

•  Maid.  Captain  Fitz-Gerrard,  the  Monday 
morning  seven- night,  after  my  lord  Grey  first 
came,  called  me  to  his  bed-side,  and  aslceil  me 
if  I  knew  what  lady  that  was  that  lodged  in  the 
house,  and  what  clothes  she  wore,  and  whethev 
she  were  young  or  old,  and  whedier  she  wert 


or  no?  1  toU  him  1  could  not  tell  any 
fUagy  fior  I  could  never  see  her. 

Stfi.  J^.  Do  you  know  what  linen  ahe 
koQipit  with  her  P  Did  yon  wash  any  lor  her  ? 

MMd,   Yea,  one  shift. 

ML  Gen.  What  kind  of  shift  was  it  ? 

Maid,  1  aaid,  it  coukl  be  no  person  of  qua- 
tty  by  her  shift. 

Seij.  Jeff.  Why  so  ? 

Miid.  Because  the  body  was  finer  than  the 
ikevesy  and  ladin  use  to  make  the  sleeves  finer 
&sn  tibe  body.  '  [At  which  there  was  some 


Williams,  A  very  pretty  evidence ! 
Serj.   Jeff.    Pray  call  Mrs.  Doney  ^^ffui^, 
jcanse  you  sbali  not  make  so  slight  a  busi- 
of  the  shift  as  you  pretend,   for  soch 
actions  as  these  mnstbe  detected  by  circum- 


155]  STAT&TRlALS,34CHiMLB8lI.l682.--/tfrdr»«MiUNf  £adr^A£^  [154 

a  very  01  diiM^,  and  occasion  a  ifreat  deal  of 
tronble  and  duquiet  to  a  noUe  family.  And 
possibly  my  lord  and  my  lady  may  not  know 
she  is  alive ;  therefore*  I  desire  you  as  a  fiiend 
to  make  a  discovery  of  the  laily,  that  they  may 
know  where  she  is.  He  seemed  very  angry 
upon  my  saying  of  this,  and  toM  me,  As  k>ng 
as  I  lodged  in  his  house  quietly,  I  need  not 
troubki  raysdf  who  lodged  there  besides. 
Upon  that  I  thought  more  earnestly  upon  this 
thm^ ;  and  I  told  him  again,  I  am  resolved  to 
go  into  the  room,  and  know  who  this  lady  is 
that  lies  here,  for  now  I  suppose  there  is  some- 
thing mor^  in  it.  8ays  he  again,  nobody  shall 
ofikr  such  a  rudeness  in  my  house.  Said  I,  I 
assure  you  I  will  doit.  He  grew  very  angry , but 
I  went  from  him  to  my  sword  and  was  going 
up.  Says  he,  pray  Mr.  Fitz-Gerrard  do  not 
offer  such  a  tbioi^  i^  this  is ;  yon  would  take  it 
unkindly  yours^'  to  have  your  house  searched 
at  this  time  of  night.  Well,  said  I,  upon  con- 
dition that  I  may  see  her  to-morrow  mommg 
before  she  goes  away,  who  she  is,  i  will  make 
no  disturbance  in  your  house  to-night.  Upon 
that  be  left  the  room,  promising  me,  I  should 
to-morrow  morning  see  who  the  lady  was.  I 
went  out  early  the  next  moromr  upon  some 
necessary  business,  and  comingnome between 
eleven  and  twelve  o'clock,  said  I  to  him,  now 
is  a  very  civil  time  to  see  this  lady,  who  she  is, 
for  it  is  not  fit  you  should  receive  any  person 
into  your  house,  in  such  circumstances,  when 
there  is  such  a  cause  of  suspicion.  S^ys  he,  she 
is  now  gone  out  of  the  house.  And  this  is  all 
that  I  can  say  in  this  matter,  I  never  saw  the 
lady  there  then,  nor  did  I  ever  see  her  in  my 
hie,  but  once  or  twice  at  Epsom. 

X.  C.  J.  Did  they  lock  the  door  upon  you, 
captain? 

Capt.  FUi-Gerrard.  No,  they  did  not. 

Seij.  Jeff',  And  you  know  nothing  more  ? 

Capt.  fitZ'Gerrard,  I  neither  knew  when 
she  came,  nor  who  she  wask 

Att,  Gen,  Then  swear  Mr.  Smith  here,  who 
married  one  of  my  lord  Berkeley's  daughters. 


Att,  Gen.  Mrs.  Doney,  pray  did  you  shew 
fliis  wonnan  another  ot  my  lady  Harriett 
fieriieley's  shifts  ? 

Mrs.  Doney.  Yes,  I  did. 

Seij.  Jeff,  Was  it  the  fellow  of  that  she  went 
away  with  ?— -Mis.  Doney,  Yes,  it  was. . 

Seo-  J^-  Woman,  do  you  believe,  upon 
your  oath,  that  was  the  fellow  of  the  shift  you 
saw? — Maid,  Yes,  Sir. 

Seri.  Jeff.  Was  the  body  of  that  you  saw 
from  Uiis  gentlewoman,  finer  than  the  sleeves  ? 

Maid.  Yes,  it  was. 

Soi,  Gen.  Then  pray  swear  captain  Fitz- 
Gorard.    [Which  was  done.} 

Sol.  Gen.  Pray,  Sir,  wiQ  you  tell  the  court 
and  the  jury,  what  passages  fell  out  at  your 
fedging? 

£apt.  FitZ'Gerrard.  My  lord.  It  was  my 
Ibftnne  six  months  ago,  to  take  a  lodging  at 
Mr.  Jones's,  and  while  I  kept  my  hragings 
tiiere,  I  had  occasion  sometimes  to  go  to  Wind- 
sor, to  wait  upon  his  majesty ;  and  one  night 
coming  honae  to  my  lodging,  my  servant  that 
waits  upon  me  in  my  cbamoer,  toUl  me,  there 
was  a  lodger  lately  come  to  the  house,  who 
lay  in  the  upper  rooms.  I  asked  who  it  was ; 
he  tokl  me,  the  maid  of  the  house  told  him  it 
was  a  mistress  of  my  lord  Grey's.  I  asked 
how  long  she  had  been  there ;  he  said,  it  was 
bat  two  or  three  days  since  she  came.  I  never 
thought  of  this  for  four  or  five  days  after,  nor 
thought  myself  obliged  to  take  notice  of  the 
fsGOurse  of  the  servant  in  the  house ;  bat  being 
ra  Covent- Garden  in  company,  there  was  some 
discourse  about  my  lady  Harriett  Berkeley's 
bemg  gone  from  ner  {raier's,  as  it  was  the 
talk  of  the  town.  I  came  home  aboot  nine 
a'clo^  at  night,  and  having  no  servant  just 
then  ready  to  wait  upon  me,  Mr.  Jones  him- 
self came  very  kindly  to  put  me  to  bed.  1  had 
•ome  fancy  upon  the  discourse  of  the  town, 
this  might  be  my  lady  Harriett.  Uoon  which, 
I  nkl  to  Mr.  Jones,  you  cannot  but  near  of  the 
report  of  my  lady  Bierkeley's  being  run  away 
fivm  her  father,  Jind  I  know  you  have  a  de- 
pendance  upon  my  lord  Grey,  and  I  have  a 
sospicion  yon  csonoeal  her  in  your  house.  If 
yon  iop  nkl  I*  700  do  a  very  dishonest  thing. 


[Which  was  done.] 

Mr.  Smith,  Before  my  lord  Berkeley  made 
this  affitir  public,  he  used  all  means  possible 
to  know  where  my  lady  Harriett  was ;  and 
after  it  was  known  to  him  what  concern  my 
lord  Grey  had  in  it,  there  were  all  means  used 
to  make  it  up :  and  discoursing  with  my  lady 
Berketey  about  it,  it  was  proposed  that  she 
should  be  married,  but  that  would  cost  a  great 
deal  of  money ;  that  my  lord  did  not  stick  at, 
nor  my  lady,  if  any  £vine  of  the  church  of 
England  did  tliivk  it  proper  to  treat  with  any 
parson  about  it,  after  such  a  secret  correspon- 
dence between  her  and  niy  lord  Grey.  And 
my  lord  said.  If  my  lord  Grey  would  notpro^ 
secute  her  with    any  more  visits,  he  would 

give  a  sum  of  money  to  marry  her.  SaM  I, 
len,  my  lord,  will  you  g^ve  me  leave  to  wait 
upon  my  lord  Grey  in  it  ?  He  answered.  Yes. 
80 1  went  to  him,  and  ofiered  him  that  my  lord 
Berkeley  would  give  QfiOOl  with  her,  if  b* 


155]  STATE  TBIAI4  S4CiiABLBf  II.  l6S%^^M§l  ^  Imrd  Gr^  md  cihtrs,  (1S« 

voidd  viMf!  faer  ia  a  third  lun^  where  il 
Wf^t  be  CBUTenient  to  treat  with  aa j  one 
abettt  it.  He  talked  with  me  as  if  he  knew 
where  aha  was,  but  would  not  discoTer  it 
Saya  hei  Yau  must  always  suppose,  1  will  take 
your  proposal  in  this  manner,  if  she  is  in  my 
newer,  wiiiab  it  nay  be  she  is,  k  may  be  not. 
Said  I>  My  lord,  yon  make  that,  (if)  only  as  a 
attbtsrluge,  for  to  be  sure,  yoa  kqow  where 
die  is.  Mays  he,  She  is  beyond  seas,  and  if 
vau  will  give  me  leave  to  visit  her  sometimes, 
I  will  promise  she  shall  come  agaiii  ;  but  that 
dapflnas  opaa  tiuie  and  tide,  it  cftaaot  be  so 
irary  seen.  Said  I*,  my  lord,  you  may  as  well 
aeod  hacses  to  Dover,  and  so  ovec  to  Calais,  for 
laonpote  she  may  not  be  tar.  He  said  it 
ipoiuii  be  a  work  of  time,  but  lie  would  write 
to  her.  I  desired  he  would  write  &at  niflrht. 
F4>r,  aaid  I,  my  lord,  if  this  busiaees  be  tuuia 
is  time,  she  may  yet  be  saved,  if  you  will  ooa- 
tribute  what  you  can  to  it.  He  promised  me 
ta  write  that  night  to  her,  but  it  would  be  some 
tiBi^befixresbe  got  to  town.  Then  disoonrs- 
lag  farther  with  my  lord  about  it.  Says  he, 
if  I  aJftould  bring  her  to  town,  I  will  not  use 
any  fiiree  or  petsaa^a  to  bar,  if  she  be  ob- 
itiaately  bent,iiet  to  come  home  again  ;  behraT 
k^  to  lie  sure  I  wiU  not.  I  am  sure,  my  kva, 
aaid  I,  that  your  persuasions  would  do  very 
nnch  with  her,  and  a  great  deal  of  good  may 
fiame  pf  it,  if  the  matter  be  $peed«i.  But, 
aaya  he,  if  I  shouM  bring  her  to  town,  then  my 
lord  Berkeley  would  disturb  her  with  my  Lord 
Chief  Justice's  Wairant.  Said  I,  if  you  wiU 
bring  her  to  town,  I  will  ask  my  lord  and  my 
ladv,  bow  kMu^  time  they  will  allow  for  the 
making  up  or  this  treaty;  and  in  the  mean 
^ma^  uie  snail  be  free  from  any  disturbance. 
Sa^  my  lady  Berkeley,  when  I  spoke  ta  her  of 
it,  Thoiigh  mv  lord  Grey  has  been  so  barba* 
reus  to  a  fiuml^f ,  that  has  been  so  kind  to  him ; 
yet,  if  I  give  him  ray  word,  I  will  keep  it  in- 
viobbly  to  him ;  and  I  do  promise  him,  if  he 
will  brmg  her  to  any  pUoe  where  my  daughter 
Lui^  may  visit  her,  1  will  engage  there  shall 
be  no  search  made  after  her.  And  if  he  can 
contribute  to  carry  her  into  k  place  where  she 
maybe  sale,  and  not  visit  her  himself,  he  diall 
bava  S,000/.  to  do  it.  This  meseage  of  my 
lord's  baiag  barbarous,  Madam,  aaid  I,  it  is  not 
fit  forma  ts  carry  to  my  lord  Grey,  but  ^^ou 
will  {promise  not  to  take  hor  away,  if  he  bring 
bar  to  town,  but  from  the  moment  you  know 
where  she  is,  she  shall  be  safe.  Thereupon 
my  lord  Grey  promised  to  write  to  her  ;  whe- 
ther ha  did  or  not,  I  cannot  tdl.  Atlernards 
he  said  he  had  writ,  but  she  would  not  come. 

AU.  Gen»  What  expenoehas  my  lord  been 
at  ia  looking  after  her? 

Mr.  Smith,  A  great  expenee  |  I  cannot  tell 
partieolariy. 

Serj.  Jtff,  My  lord,  we  have  but  one  witness 
more,  and  that  is  a  gentleman,  who,  by  order 
from  myl(Mr4  and  lady  Berkeley,  kept  my 
lord  Grey  company,  and  be  will  tell  vour  lord- 
ship what  my  lord  Grey  confesseici  to  him,  what 
^  fwamk  ha  had  fe  the  Udy,  and  what  ma- 


I  thodafaaoaed  togat  ridaf  it,  but  cbhM 
Swear  Mr.  Craven :    [Which  was  done.] 

Sol,  Gen.  Will  yau  tell  my  lord  and  ibe 
jury,  whether  you  were  seat  by  ray  loi4 
Berkeley,  to  be  with  m  v  lord  Grey  at  Up-Park, 
and  what  passed  there  between  vou  ? 

Mr.  Craven.  My  lord,  the  Wedaesday  after 
my  lady  Harriett  Berkeley  went  away,  my  hAy 
Berkeley  told  me,  m^  lord  Grey  had  proffered 
he  would  go  down  into  the  comitry  fiir  six 
months,  to  shew  that  be  had  no  designs  vpaa 
her ;  and  therefore,  if  she  would  pro{KMO  soaae 
friend  of  her's  to  go  along  with  nim  ta  kffcm 
him  company,  he  would -W  very  well  satisfied 
with  it ;  and  dien  my  lady  Berkeley  told  me 
she  wouM  fix  upon  nobody  but  me,  if  li« 
wonkl  take  me  with  him.  Than  I  met  my 
lord  Grey  on  Wednesday  morning  at  sir  Tfao* 
mas  Armstrong's,  and  afterwards,  went  down 
to  bis  boose  to  bim.  When  I  cama  there,  hw 
met  me  on  horseback,  and  cama  up  civilly  and 
kindly  to  me.  I  thought  fit  to  give  him  a 
caution,  having  received  such  orders  from  my 
lady.  My  lord,  said  I,  I  am  sorry  I  am  forced 
to  come  upon  such  an  account  as  this,  to  b« 
a  gruard  over  your  words  and  actiona ;  and  I 
am  very  much  troubled  that  this  nnfortunate 
thing  has  happened,  and  yo|i  are  n^ted  to  bai 
the  occasion  of  it.  Says  no,  I  do  own,  Cravauy 
Iharedoneavaryilltning;  but  that  is  past,  1 
cannot  hdp  that  now  ;  but  the  thing  that  ia  U> 
ba  thoBs^t  oa  is,  what  is  to  be  done  far  the  fu- 
ture. My  lord,  aaid  I,  the  best  way,  if  I  naay 
give  yau  my  advice,  were  to  sand  her  home 
again,  before  any  report  bequnead  abroad  tf 
the  business.  How  can  that  be  ?  says  ha,  1  d« 
not  know  where  she  is,  but  I  have  had  a  letter 
from  her  as  I  told  my  lady,  1  did  believa  I 
should  find  a  letter  here  when  I  came  down.  1 
will  shew  you  the  letter,  whiah  he  did.  Mjr 
lord,  said  1,  this  letter  will  be  thou^t  as  of 
your  panning  before  you  csfue  out  of  town.  I 
cannot  tell  what  they  will  think,  said  he,  hu^ 
here  it  is.  Said  I,  my  lord,  I  have  a  great  rea- 
peet  for  yom*  lordship,  aad  do  very  much  de  • 
sire,  fbr  your  own  reputation  and  honour,  aia 
well  as  their's,  it  may  be  made  up  in  some  way 
bdbra  it  be  too  pubhc.  We  were  diacourainf^ 
of  this.  How  shall  that  be  done,  says  my 
lord  Grey.  My  lord,  said  I,  if  yoa  would  con* 
sent  to  ttiis,  to  send  har  over  mto  France,  tia 
Cahusor  Diep,  we  will  there  find  some  body 
that  will  help  her  into  a  nunnery  ;  and  whan 
she  is  there,  she  may  write  to  her  mother,  that 
she  found  she  had  an  intention  to  marry  her  to 
a  match  she  could  not  by  any  means  approve  or 
like  of,  and  therefore  she  went  away  to  prsveot 
her  being  forced  to  it ;  and  this  would  be  as 
plausible  a  thing  as  any  in  the  worid.  And 
when  that  letter  should  come,  my  lady  Berkeiey 
should  shew  it  about  to  her  fiiends ;  nay  mor^ 
wbs  should  go  over  herself  to  fetch  her  back 
again,  that  she  might  ribceive  her  into  her 
house  with  honour.  He  said,  that  was  a  very 
plausible  thing,  and  he  would  do  it,  if  he  coidd 
tell  where  she  w^s ;  but  her  letter  to  him  waa^ 
tiiatAa  was  gone  fimnbwMlQribvl  ahe  di4 


157]  STAt£TRIAlJS»  34CHARLSftII. l682.«— /or  ithauehhtg  taiyH.&rkektf.  [ISS 

hand  and  squeezed  it  sCTinst  her  br^avt,  and 
there  was  the  first  time  he  pRroeived  she  bred 
him  a£^n ;  and  then  she  told  him  he  should 
ffo  to  London  with  them ;  and  he  did  gpo,  and 
from  that  time,  for  a  twelte-month  before  she 
went  away,  he  did  see  her  frequently,  almost 
every  niffht,  pursuinsr  his  amour  m  writings, 
and  speaking  to  her  as  often  as  he  could  hare 
opportunity.  And  though  my  lady  Berkeley 
put  a  French  woman  to  Tie  with  her,  yet  she 
did  use  to  rise  from  the  French  woman,  and  h^ 
did  use  to  see  tier.  And  one  day,  says  he,  dfi 
not  you  remember  you  came  to  the  cliamber 
door,  and  she  was  angrj  at  Tour  coming,  and 
that  the  door  was  not  ooUed,  and  if  you  had 
come  in  you  had  found  me  there  ? 
Seij.  Jeff,  Do  you  remember  any  such  thinfi^f 
Mr.  Craven,  I  do  not  unless  it  were  at  Dur- 


isttbmkfitto  let  bimknow  where  she  was,  | 
fir  fear  he  should  deliver  her  up  again.  Then 
ny  lord   Grey  asked  me  in  what. condition 
tmy  were  all  at  my  lord  Berkeley's  about  it 
flUd  I,  they  are  in  such  a  confusion  a^  tron- 
Ife  they  are  all  mad  almost.    Says  he,  how 
loes  my  lord  bear  it  ?  Said  T,  he  is  so  afflicted 
Ifcat  it  wiQ  go  near  to  break  his  heart.    Says, 
be,  he  b  indeed  one  of  the  men  in  the  world 
ftatis  to  he  pitied  ;  she  pitieth  him  rery  much, 
bat  fbr  h^  mother  she  doth  not  care.  One  day 
vhen  we  went  out  a  shooting,  as  we  did  se- 
veral days  together  ;  Mr.  Craven,  says  he,  I 
vStell  ytyfL  the  whole  intrijnie  between  my 
iHly  Harriett  and  I.    I  have  nad  a  fifreat  affcc- 
tisD  for  her  ever  smce  she  was  a  child,  and  have 
dways  been  taking  great  delight  in  her  com- 
pany ;  and  keeping  her  company  so  often  till 
ihe  mw  tip,  my  passion  grew  to  tiuit  height, 
that  I  eoald  stifle  it  no  longer,  but  I  was  forcS  to 
(dl  her  of  it,  and  then  1  could  not  speak  to  her  <^ 
it,  hot  writ.     But  withal  1  b^s^ed  her  to  take 
oonotioe  of  it  to  any  body,  mr  if  she  did,  it 
#oiiM  ruin  us  both.    She  was  very  angry  to 
hear  of  it,  and  neither  by  writing  nor  speak- 
i^  cocdd  I  perceive  she  bad  any  afTeetion  for 
lae  ^fain,  tiH  the  pariiament  sat  at  Oxford; 
iad  then  I  did  pursue  my  love  and  my  amours, 
and  aft  last,  she  one  dsrr  told  me.  said  she,  I 
bcre  now  considered  of  it,  and  if  you  do  not 
leave  writing  or  speaking  to  me  of  this  matter, 
tfae  vcsty  first  time  you  write  or  speak  to  me 
ania,  i  will  tell  my  father  and  mother  of  it. 
Aact  struck  him  so,  he  said,  that  he  did  not 
knaw  almost  what  to  say  or  what  to  do,  and  he 
walked  np  and  down  just  13ce  a  ghost ;  but  he 
lad  it  as  wdl  as  lie  could,  that  it  should  not  be 
(eredved  by  others.  Butthat  parliament  bemg 
midcly  diasoited,  he  did  intend  to  go  down  to 
Suaaex  to  his  house  there,  being  he  found  sh* 
Was  residved  against  admitting  his  affection, 
and  be  wonld  stay  there  severiu  years,  till  he 
.  bad  weaned  himself  of  his  passion,  and  by 
Ibat  time  sbe  would  he  disposed  of  otherwise, 
and  be  might  be  at  ease.    And  he  hiding  his 
Iroable  as  nrach  as  he  could  from  my  lord 
^rkeley  atid  my  lady,  forbore  to  speak  to  her, 
bat  only  when  he  saw  her  he  could  not  forbear 
looking  earnestly  upon  her,  and  being  troubled. 
Hylord  Berkeley,  notknowiufifany  thing  of  it, 
^'  ttked  Ilim  to  go  to  London  with  us  and  not  to 
flkaaex  ? '  be  was  very  much  peraoaded  by  my 
hrd  and  my  lady  to  it :  ana  at  last,  mV  lady 
Harriett  Berkeley  came  to  him,  and  tbid'  him, 
laid  she,  yon  are  very  ranch  persuaded  by  my 
hAna  and  mother  to  go  to  London  and  not  to 
^Flark,  whv  do  not  you  go  with  them? 
Hadaro,  says  ne,  you  have  stopped  my  journey 
to  London,  yon  have  hindered  my  going  with 
tbcm,  for  I  will  Either  suffer  any  thing  than 
fender  yon  any  disturbance,  and  if  I  go  to 
London  with  yon,  I  shall  not  be  able  to  con- 
tain m vself ;  but  if  1  go  to  Sussex,  I  alone 
Aall  hare  the  trouble  of  it.    But  one  day, 
when-  toy  lord  of  Aylesbury  Was  leading  my 
bdy  Berteley,  and  my  lord  Grey  was  leading 
IDy  lady  Harriott,  she  took  vAj  lord  Grey's 


dants.  And,  says  he,  you  cannot  imagine  what 
I  have  suffered  to  come  to  see  her..  I  have  been 
two  days  locked  up  in  her  closet  without  meat 
or  drink,  but  only  some  sweetmeats. 

Serj.  Ji^.  What  did  he  say  of  his  makMg 
addresses  to  other  ladies  to  take  off  his  passion? 

Mr.  Craven,  He  sidd,  he  did  all  he  could, 
fbr  he  would  tain  have  avoided  bringinfi^  such 
an  iniamy  upon  his  ownfkmily  and  bis  lady's, 
and  he  dfid  endeavour  to  cooihis  passion,  by 
making  love  to  two  otlier  ladies,  whom  he 
courted,  and  enjoyed  both  of  them,  hut  yet 
all  did  signify  nothmg,  he  could  not  subdue  it. 

Att.  Gen,  Pray  tell  us  what  terms  he  in- 
sisted upon,  for  his  patting  with  her,  and  what 
he  said  the  law  was  in  the  case  ? 

Mr.  Crcpoen,  I  told  him,  my  lord,  besides 
the  dishonour  you  bring  upon  yourself  and  two 
noble  families,  you  should  do  all  that  in  you 
lies,  to  avoid  the  punishment  that  will  come 
Uj^nyou  for  it  by  the  law.  Oh,  says  he,  you 
mistake  yourselr  in  that,  for  yon  must  tMak  1 
have  considered  of  all  thUt  bdbre  ;  th^  <ian- 
not  do  any  thinff  in  law  against  me  for  it ;  let 
them  examine  me  case  of  Mrs.  Heneage  and 
my  lord  Cavendish. 

Att,  Gen,  What,  did  he  say  he  would  tKSt 
part  vKth  her  but  upon  tenns  ? 

Mr.  Craven,  He  said,  I  Cannot  persuade  h^ 
and  I  will  not  betray  her.  Truly,  said  I,  my 
lord,  you  had  better  betray  her,  and  when  she 
comes  to  be  sensible  of  her  own  good,  she  will 
thai^  you  for  it  tlien  he  owned  he  had  her 
in  his  power,  but  would  not  part  with  her  never 
to  see  her  again. 

Att,  Ger¥,  What  i#ete  the  terms  be  stood 
upon? 

Mr.  Cfdven,  My  lady  Berkeley  0^nt  me  to 
the  coffee-house,  and  desired  me  to  ask  him* 
if  he  would  give  her  an  answer  to  what  sbe 
had  met  him  at  my  lord  chicf^  justice's  about 
My  lord  told  me,  he  did  not  approve  of  sending 
her  to  the  place  proposed,  but  he  would  send 
her  to  his  own  sister,  his  broiher-in-law  Mr. 
Nevirs  ;  I  told  my  lady  of  it,  who  said,  if  he 
did  state  the  case  right  to  Mr.  Nevil,  she  was 
sure  he  would  not  receive  her,  nor  let  him  come 
to  her  if  he  did.  After  that  Mr.  Petit's  was 
proposed,  so  he  might  visit  her.    But  he  did 


1591  STATE  TRIALS,  34  Cuablbs  II.  l682.--7i'fa/  of  Lord  Greg  and  Uhir$,  [\^9 

«ay,  if  that,  be  the  dewD,  that  they  would 
hare  her  from  me,  and  I  not  to  come  at  her 
when  I  please,  they  shall  oever  see  her  while 
they  live,  nor  will  lever  deliver  her. 

oeij.  Je^.  We  rest  here,  to  know  what  they 
on  the  other  hand  say  to  it,  and  we  think  this 
foul  fact  is  fully  proved. 

Lord  Cavendish,  My  lord  chief  Justice,  I 
desire  to  he  heard  one  word  in  this  matter. 
This  gentleman,  Mr.  Craven,  that  was  last  ex- 
amined, has  been  pleased  to  tell  a  rery  long  im- 
probable story  in  itself,  and  amongst  other 
things  that  he  has  said,  he  has  been  pleased 
to  make  use  of  my  name  impertinently  enough : 
for  he  speaks  of  a  case  that  that  noble  lord, 
he  says,  vnis  pleased  to  mention  to  him.  If 
he  did  mention  that  case  to  him,  and  did  name 
my  name,  he  also  mentions  the  case  of  two 
laoies,  he  says,  iny  lord  was  concerned  with. 
I  desira  to  know  how  he  came  to  name  my 
name,  and  not  tiame  the  two  ladies  he  spealis 
of,  that  that  noble  lord  made  his  courtship  to 
and  enjoyed  ? 

L.  C.  /.  My  lord  Cavendish,  I  could  have 
wished  he  haa  not  named  your  lordship,  be- 
cause it  was  not  at  all  to  the  purpose. 

Lord  Cavendish,  My  lord,  I  am  not  con- 
cerned at  it  at  all,  more  than  at  the  impertmency 
of  his  using  my  name. 

L,  C.  J.  I  could  have  wished,  indeed,  the 
gentleman  had  spared  your  lordship's  name. 

Lord  Cavendish,  I  clestre  to  know  why  my 
name  was  mentioned  more  than  the  two  ladies 
names  P 

Mr.  Craven,  My  lord  Grey  did  not  mention 
the  two  ladies  names  to  me. 

Lord  Grei/,  No,  nor  my  lord  Cavendish's 
neither ;  it  is  all  a  lie. 

Lord  Cavendish,  I  will  bdie^e  my  lord 
Grey's  word  more  than  I  will  his  oath. 

L.  C.  J.  That  your  lordship  may  do  if  you 
please.  But  we  must  not  do  so  here.  Come, 
what  say  you  to  it  on  the  other  side  ? 

Mr.  wuUams.  May  it  please  your  lordship, 
jiadyou  gentlemen  of  the  jury,  I  am  qf  coun- 
sel m  tlib  case  for  my  lord  Grey  and  the  other 
defendants  :  and  that  we  may  come  closely  to 
the  question,  I  desire  I  may  first  state  the 
question  before  you  upon  this  information, 
and  then  you  \^l  the  b^ter  jnd^e  how  far  the 
evidence  that  has  been  given,  is  pertinent  to 
the  issue  that  you  gentlemen  are  to  try.  The 
purts  of  the  information  are  these :  that  my 
lord  Grey,  and  the  rest  of  these  defendants, 
should  conspire  together  to  ruin  and  destroy 
this  youne  tady,  and  in  the  ezecution  thereor, 
to  bnog  tfiifi  their  conspiracy  to  effect,  they  did 
often  solicit  and  entice  her  to  adultery  with 
my  lord  Grey ;  and  in  prosecution  of  these 
their  ill  purposes  and  desi^,  she  was  by  force 
and  arms  taken  away  from  the  custody  and 
tuition  of  the  e^rl  of  Berkeley,  her  father,  and 
being  so  taken  away,  my  lord  Grey,  and  the 
.rest  of  them,  did  procure  her  to  hve  scanda- 
lously with  my  lord  Grey,  in  whoredom  and 
adultery.  These  are  the  parts  of  the  charge, 
and  the  ^destion  is,  whetaer  we  are  guUty  of 


it  ?  For  the  evidence,  I  dare  presume  to  say, 
that  they  have  not  made  any  direct  proof  of* 
the  matter  charged.  On  the  other  side,  they; 
lu^/e,  I  do  agree,  ofiered  something  conjee-^ 
tural,  upon  which  a  man  may  iros^ine  and 
think  what  he  will ;  but  how  far  you  are 
to  conclude  the  defendants  Guilty,  out  of  those 
presumptions,  must  be  left  to  you  ;  I  know 
you  will  very  well  consider  of  it.  It  is  ptain^ 
we  are  in  a  tery  tender  case ;  it  is  a  case  of 
honour  on  all  sides,  and  I  hare  often  heard  it, 
and  always  believed  it.  That  persons  of  honour 
and  quality  in  the  world,  would  rather  loae 
their  lives  than  their  honour.  And  I  believe  it 
is  the  opinion  oT  my  client,  my  lord  Grey,  as 
well  as  of  the  prosecutors  in  this  information. 
And  therefore,  you,  gentlemen,  I  doubt  not, 
will  eiimect  to  have  a  clear  evidence  to  convict 
him  or  this  crime.  And  it  is  not  only  bit 
honour  is  concerned,  but  that  also  of  another 

freat,  illustrious,  and  noble  family,  to  which 
e  is  by  marriage  allied.  So  that  the  aoquittiD§^ 
of  my  lord  Grey  of  this  matter,  doth,  in  a 
great  measure,  acquit  the  other  family  of  so 
^reat  a  scandal.  For  that  will  fUsify  the 
information,  and  by  your  rerdiet  you  will 
remove  those  stains,  tnat  else  may  stick  on  both 
sides.  We  are  equally  between  the  two  fami- 
lies, and  your  consideration  will  be,  whethei' 
you  will  lay  a  stain  upon  both  of  them,  or  ac- 
quit them  both.  Now  thei*e  has  been  no  proof 
against  my  lord  Grey  of  any  one  point  in  the 
imormatiOn. 

X.  C.  J.  No  ?  Sure  you  arc  mticU  mistaken  s 
it  is  a  direct  proof  against  my  lord  Grey,  I 
must  tell  the  jury  so,  and  therefore  apply 
your  defence  to  it  as  you  can. 

Ml'.  Williams.  Truly,  my  lord,  I  hope  it  is 
not ;  and  our  case  is  best  stated,  by  laying  open 
the  truth  of  the  fact,  and  then  the  matter  will 
plainly  appear.  I  cannot  go  about  to  justify 
the  passion  and  the  folly,  for  I  may  well  call 
it  so,  of  my  lord  Grey  and  this  young  lady  in 
this  case.  It  is  mismrtune  enough,  to  be  ac-> 
cused  of  a  thing  of  that  natui-c,  and  it  may  be 
a  great  deal  worse  to  be  convicted.  I  shall 
agree  there  have  been  those  transactions  be-* 
tween  them,  that  it  may  be,  we  cannot  justify 
in  strictness  every  thing  that  my  lord  Grey 
has  done.  But  yet^  we  say  he  is  not  guilty  A 
this  information.  We  do  agree,  there  haa 
been  an  extraordinary  nassion,  nay,  1  must 
say,  a  very  unjustinable  one,  between  this 
lady  and  my  lord  Grey  :  but  to  conclude  out  of 
that,  that  because  there  was  such  an  unrea- 
sonable, unjustifiable,  extraordinary  affection 
between  them,  therefore  we  must  infer  and 
conclude  him  guilty  of  this  information,  ta 
a  very  forced  unreasonable  construction  ;  for 
there  are  degrees  in  love,  and  we  must  not 
conclude  the  worst  thing  a  man  can  be  guilty 
of,  because  he  is  guilty  of  some  degree.  Theo^ 
to  come  home  to  the  case  of  my  lord  Grey, 
we  shall  prove,  and  give  your  lonlsbip  and  tha 
jury  undeniable  satisfaction,  that  my  lord 
Grey,  so  far  from  having  inveigled  away  this 
young  lady,  or  being  any  way  ingtrumental  t% 

1   . 


••  I 


l01}^STAT£llUALS;d4CbARttilII.  iSM^^rAimieUng'Ltiya.Berkeky.  [i6t 


ireyio^  ha  awny,   Uiat  be  med  all 
be  covid  to  have  ^ycntod  any  things  of 
nature  befove,  by  dnoovering  to  my  lady 
adey  her  mother,  my  lady  Arabella,  and 
my  huif  Lucy,  her  n^en,  all  pmooa  of  greai 
WBom^  and  her  neaieat  reiatipiis,  that  abe 
Mintendto  go  away,  by  waromg  them,  and 
ghriBg'  them  full  notice,  that  there  might  be 
BBch  aa  imentioo  in  the  yonng  lady.   .We 
shaH  prore  fikewiflo,  that  m^  man  in  the  world 
caaUdDmoire,  when  abe  was  gone,  to  retrieve 
We  ahaU  make  it  ont  by  undeniable  cnr- 
908,  pfTOved  even  by  their  own  wit- 
It  happened  that  my  lord  Berkeley 
and  hip  ihmQy  withdrew  to,acountry-bou8e  of 
bii  near  Epoom,  io  yom*  county,  gentlemen. 
My  kdy  had  some  jeidousy,  aa  abe  has  been 
|fe»ed  totestdy,  that  there  might  be  some 
eitiaardiaary  paasaon  between  my  lord  Grey 
aad  the  yavng  lady  ;  having  diseovered  it  by 
aamrjettera^  as  she  bath  given  evidence.    My 
Imd  Grc^  aogoainted  her  witli  his  aoapicion, 
tetahe  mtended  to  go  away,  and  was  so  jaat, 
that  ha  did  not  cow^  any  one  th*ng  that  be 
iaear  ;  yea,  to  acquit  iiimfldf  that  be  had  no 
It  demga  himaelf,  and  if  ahe  did  get  away  it 
was  Done  af  hia  fiuilt,  he  produced  a  copy 
•f  a  letter  of  admonition,  which  my  lord  Grey 
hiBMelf  had  writteii  to  her :  and  when  my  lady 
had  heard  bia  advice  about  it,  and  bis  counsel 
he  gave  her,  ahe  aaid,  her  father  could  not 
|Mve  i^ven  her  better  coonsel.    This  was  so 
caily  aa  JuIy  ;  in  the  beginning  of  August, 
my  Wd  BeiKcley  goioff  down  to  bis  couiitr^r- 
hooae  at  Epeom,  and  the  family  removing  tbi- 
0Mr«    Then  my  lord  €hrey  was  sick  here  in 
Iowa  ;  and  in  tnis  sickness  of  bis,  there  was  a 
lettar  sent  to  my  lord  Grey  from  his  lady,  de- 
mnag  him  to  come  down  to  my  lord  Berke- 
ky'a ;  hut  it  aeetus  he  bad  been  under  some 
cagagemcnt  to  my  lady  Berkeley,  not  to  come 
wiUioutiier  leave;  and  having  regard    ohis 
word  past  to  qay  lady,  he  would  not  do  it.    My 
My  Berkeley,  in  a  few  days  afUr,  sent  for 
him  herself,  and  therein  .thanks  him  that  he 
was  so  just  to  bia  word  and  honour,  that  he 
woaU  mat  come  down  without  her  invitation. 
UpoB  Tossday  before  this  mdiappy  kidy  went 
away  from  her  fatber's  house,  my  lord  Grey, 
caaaeto  my  lord  Berkeley's..  When  he  came 
jbnra*  he  was  tery  kindly  received  by  my  lord 
mi  my  lady.    On  the  Thursday  ibilowing 
my  la^  Berkeley  acoaaints  ray  lord  Grey, 
dial  this  yvmg  lady  had  a  design  to  leave  her 
Ittb9  9nd  mother's  fiimily,  and  run  away. 
Mf  lord  Gciry.  was  so  firank  with  her,  aa  to  tell 
ter;  Madam,  I  have  long  suspected  such  a 
fhisgy  as  I  have  told  yon ;  botlnladam,  your 
daoghter  Harriett  is.  all  day  in  your  eye, 
yoa.may  look  bar  ud  at  night,  and  secure  ner 
if  ysv    please.    This  was  a  timely  caution 
ma  hAiM  ahe  Inade  her  cm^^-    On  the 
Fndhyfi>llowuigceaEieaa.ktter  from  aa  un- 
kaowBhaad'tomyUdy  Berkeley,  that  mti. 
Medythat  mocept  they  had  a  great  care  of 
thdrdaarttetMAa  alma  eye  oyer  her,  she 
mk  hwftthartflMUr*!  kpg  miQoj  heroonfi. 

▼01.  1JU 


psay.    My  lad^  Berkeley  shews  this  letter  to 
my  IM  Gref ,  say;B  he.  Madam,  this  is  no 
inore.than  wnat  Tbave  often  told  yon,  I  have 
given  yon  some  IntimationB  already,  and  my  < 
tbougMs  and  advice  about  it  $  and  whoever  it 
be  tlmtwjrit  this  leUer,  I  am  afiaid  her  appie*  • 
hensions  of  tome  iU  usage  may  put  her  upon  ^ 
some  «ucb  desigfki.    And  he  repeated  it  aeain,  ^ 
Madam,  let  me  caation  and  advise  you,  nava ' 
her  always  iu  your  eye,  and  lock  her  up  safe 
at  night.    This  was  r^eatad  over  and  over,  to 
my  hidy  Loc};,  and  my  lady  Arabella.    Thus 
it  continued  till  Saturday,  my  lord  Grey  re* 
aolved  to  so  to  biscotmlry-hoaBe  atUp^rark, 
and  took  bia  leave  of  my  lord  Berkel^  and 
his  £muly  accordingly,  and  went  that  night  to 
Guildford,  and  there  he  Jay,  and  rose  the  next 
momuigto  go  onwardx  ofhis  journey,  but  was 
puraued,  it  seema,  by  my  lady  Lucy.    For  she 
tells  you,  when  this  young  lady  bad  left  her 
father's  fbmily ,  she  inunediately  on  the  Sunday 
morning  came  to  Guildford,  and  sent  after  my 
lord,  who  was  newly  gone  on  his  way,  and- 
waa  found  on  lisi  way  to  his  house  in  Haatex*, 
Having  received  my  lady  Lucy's  commands, 
he  returns  to  €hiildford,  and  there  he  bad  the 
first  notice  given  bim  of  my  lady  Harriett's 
escape ;  toys  be  to  my  lady*  Lucy,  this  is  no 
more  tban  I  have  fairly  warned  you  of  before  ;• 
had  you  taken  my  counsel,     naa  she  locked- 
up.P  No,  said  she,   she  is   gone  away,  and 
your  lordahip  must  needs  know  where  abe  is,> 
and  therefore^  pray  set  her  to  return  home 
again.    Says  my  lor^  Grey^  1  assure  you  I 
Imow  nothing  at  all  of  it,  an^  to  give  you  all 
the  satisfrction  I  can  in  the  worM,  I  did  not 
only  warn  you  of  it  before,  but  I  shall  be  as 
industrious  as  any  of  you  all,  you  shalil  fiuf},  to 
recover  her  again.    For  that  purpose,  I  wilt 
see  if  she  have  crossed  the  river,  or  is  gone 
any  other  way ;  and  if  I  can  make  any  die* 
eovery,  by  fetter  or  any  other  way,  I  wilt 
send   you    word   immediately ;    and    I  am 
so  ainoere  with  you,  that  if  any  letter  coma 
to  your  family  for  me,  I  give  free  liberty 
to   my   lord   and    all   his    family    to   open 
them  themselves,  and  see  what  is  in  diem } 
and  if  I  do  receive  a^y  from  ber  any  othet 
way,  a  true  copy  of  it  ahall  be  seut ;   and 
mere  tban  all  this,  if  my  lord  be  nM  satisfied 
with  what  I  have  said,  let  my  lord  or  my  lady 
send,  and  set  what  spy  upon  me  and  my  ac<« 
tions  ihey  please.    Aod  it  seems  he  was  taken 
athcB  word,  and  they  made  choice  of  a  very 
pro^v  gentleman,  and  you  heard  what  diB-< 
ooveries  he  has- made,  and  how  he  baa  worded 
die  matter.    For  first  ,he  makes  my  lord  Grey 
at  one  time  a  very  subtle  lover,  full  of  all  in- 
trigues, and  one  that  could  conceal  all  within 
himself,  and  yet  (when  it  would- do  liim  ao 
much  injury)  so  open,  as  absolutely  to.  unbosom 
himself  to  one  that  waa  an  absolute  spy  upon 
hhAimd  his  actions,  and  tell  him  such  thii^ 
as  no  man  in  the  world  sure  is  such  a  fool  aa 
to  tell  another  in  his  cireumstanoea.    But  that 
I  leave  to  the  jury  (as  my  lord  Cavendish  has 
"  tooflbnteortbeimpertiiiencyofhislong 


M 


1€S]  STA3X  TRIALS,  MCBABL18  n.  i€M^THal  rfLori  Cfigy^nni  ofJbrf,  [164 


Blory.  When  he  had  parted  from  my  lady 
Lucy,  heoames  to  London,  and  UMth  all  the 
cHliipeDce  he  could  ^  find  her 'out.  On  Wednes- 
day again  he  leaves  .London,  when  he(ould 
not  &d  her,  and  ^th  to  hts  own  house : 
Upon  Thursday  this  gendeman  Mr.  Craven 
comes  thither  to  him.  There  he  finds  a  letter 
from  my  lady  Harriett,  and  b^use  he  would 
be  exact  to  his  word,  be  keeps  a  copy  of  the 
letter,  and  sends  the  origin^  of  it  tr>  my  lord 
Berkeley's.  Now  no  man  will  imagine,  if  he 
had  such  an  intrigue  with  this  lady,  as  they 
would  make  the  world  believe,  that  he  would 
ever  have  sent  such  a  letter  oat  of  his  custody, 
which  would  have  been  a  colourable  excuse  ror 
him.  Nay,  we  do  not  rest  here,  but  by  the 
way  we  produce  this  letter  to  this  gentleman, 
who  it  scorns,  was  our  guardian,  and  told  htm 
moreorer,  here  is  my  answer  to  this  letter,  and 
sends  a  copy  of  his  answer  with  the  letter 
from  her  to  my  kdy  Berkeley.  Then  there 
comes  a  seoona  letter,  and  he,  accoiding  to 
his  word,  discovers  Uiat,  and  there  is  not  one 
oircumstance  in  all  his  carriage  that  doth  ac  • 
cuae  him.  .  After  *  this  second  letter  was  inH- 
I»rted  to  my  lord  Berkeley's  family,  he  con- 
tinued a  while  at  Sussex,  and  afterwards,  when 
he  returned  to  London,  he  used  all  the  means 
imaginable,  for  a  person  that  was  so  near  con- 
cerned in  point  of  relation,  and  in  regard  of  Ins 
own  reputatien,  to  have  found  her  out,  but 
oould  not  These  are  the  drcumstanoes  pf 
my  brd  Grey's  particular  interest  in  this 
matter,  and  when  we  have  made  out  tiiese 
<^pcum8tance^  we  hope  the  worid  will  be)ieve 
Mm  not  g^ty.  It  seems  the  young  lady  is 
now  in  court ;  she  is  so  just,  it  seems,  as  to 
come  to  do  my  lord  right,  and  that  one  thing 
wilTknockaU  tbeir  conjectures  on  the  head; 
for  she  best  knows  what  has  been  done,  and 
theiury  will  consider  whether  this  be  imagi-^ 
naUej  that  my  lord  Grey  should  conceal  bef 
•U  this  while,  and  produce  her  now,  when  if 
•ny  violence  hath  been  offered  her  she  may 
freely  tdl  it  And  as  for  the  man  that  couU 
ten  so  Teiy  readily^  this  was  tha  very  kdy 
that  came  to  his  bduse,-  when  she  had  so 
hooded  and  muffled  up  herself,  we  must  leave 
him  and  his  credit  to  the  jury.  We  sbsil 
thereforo  desire,  when  we  come  to  the  close  of 
our  evidence,  that  thi«  young  lady  may  be 
here  examined  uponiier  oath,  and  then,  I  hope, 
the  truth  will  come  out. 

Mr.  Thompton,  My  lord,  because  your  lord- 
ihip  seems  to  be  spmewh^.  satisfied  that  there 
is  a  direct  proof  of  the  matter  charged  against 
my  lord  Grey,  therefore  1  suppose  it  wTll  not 
be  amus  to  open  the.  fact,  and  in  three  words  to 
stale  tne  charge,  and  the  nature  of  their  evi- 
dence to  maintain  it-r 

X.  C  J.  Come,  .oome,  call  yeqr  witnesses 
and  make  out  your  defence. 

Just.  Dolben,  If  you  can  prove  what  Mr. 
Williams  says,  you  do  something,  but  do  not 
think  to  vuSke  long  speeches;  go  on  to.  the 
Cfidence. 

It-  C.J.  Any,  Mr.  Thompsoiiy  do  not  you 


befieve  we  want  any  of  yourhdp  to  reooUeef 
the  evidenee  given,  or  to  direct  the  jury  about    ^ 
it,  do  you  disprove  it  if  you  can. 

Mr.  Thompson,  Myford,  theoonrseofprac-> 
tice  I  always  took  to  be  so,  to  open  and  observe  • 
upon  the  evidence  given,  and  then  answer  it 
But!  submit  to  your  lordship  for  that;   yoa 
may  do  as  you  pleoae. 

Lord  Grey,  Then,  my  hnd,  I  desire  1  may 
speak  something  myself.  Certainly,  my  lordy 
no  man  ever  lay  under  a  more  infamous  accu- 
sation, than  I  now  do ;  and  therefore,  I  hope^ 
your  lordship  will  pardon  me,'  if  I  defend  myself 
as  weU  as  I  can  mm  it ;  and  undoubtadly,  if 
in  any  case  a  man  be  allowed  to  speak  for  him- 
self,  it  must  be  tdlowed  to  roe  m  this.  My 
honour  lies  here  at  stake,  and  if  my  life  did  so 
too,  I  am  not,  nor  should  be  more  conoenwd  to 
save  that,  than  I  am  to  dear  my  reputstioD, 
which  is  and  ought  to  be  very  dear  to  me* 
My  lord,  were  I  goilty  of  Ae  viUainies  that 
here  are  laid  to  my  charge,  I  certainly  should 
need  no  other  punishment,  I  am  sure,  1  eould 
not  have  a  worse,  than  the  'reflections  of  my 
own  oonscitece  for  them,  and'  I  ought  lo  he 
banished  the  society  of  mankind.  My  lord,  I 
must  coniiesB,  I  have  been  so  unhaj^y,  (though ' 
it  is  more  than  they  could  else  prove)  as  to 
have  a  very  gr«at  kindness  ibr  this  unfortunate 
young  lady,  my  lady  Harriett  Berkeley :  but 
yet,  not  so  criminal  a  one  as  the  witnesses  that 
have  been  produced  would  have  you  tO'believey 
nor  as  the  infonnation  would  insinuate.  .1  do 
here  protest,  I  was  no  way  assistiBg  to  her  es- 
cape, nor  privy  .to  it ;  nor  have  1  ever  at  all 
since  detainled  her  from  her  fether,  though  I 
have  sufiered  a  fortnight's  close  confincnient 
and  imprisonment  for  tt ;  and  all  this  I  doubt 
not  to  make  out  to  your  bvdship's  and  the 
jury's  satisfaction.  I  «ball  say  no  more  of  the  . 
justice  of  my  cause,  but  endeavour  to  prove  it ; 
and,  my  lord,  this  is  that  which  I  say  to  it. 
The  evidence  that  has  been  given  consists  moot 
of  such  and  such  disQOursi^  that  have  been  be- 
tween tlie  witnesses  and  myself,  and  those  I 
sbaU  give  what  answer  is  nt  to  be  given  to 
them.  A  negative,  as  your  lordship  very  widl 
knows,  is  not  to  be  proved.  Particular  dis- 
courses we  have  had,  ef  the  same  nature  ae 
Mr.  Williams  has  opened,  aboet  my  cauliouingf 
them  concerning  her  Utempts  to  fo  away  i  ' 
and  I  shall  app^  to  my  lady  Berkdey  her^ 
self,  whether  that  be  not  so.  If  my  lady 
Berkeley  own  it  to  be  true,.  I  h6pe  that  is  very 
good  proof.  My  lord,  about  the  time  that  tiiey 
speak  of,  concerning  the  letter  whidi  I  take  to 
be  in  June  or  July,  I  was  sent  for  1^  my  lady 
Bericeley  into  her  chamber;  when  I  name  there, 
my  faidy  told  me  there  was  a  letter,  which,  she 
said,  was  desired  to  go  from  her  daughter  to 
me.  I  askedlier,  if  she  had  read  the  pententa 
of  the  letter,  she  said  no.  I  asked  her,  whortter 
the  direction  of  the  letter  were  to  me,  she  could 
not  tell  Urnt,  But  my  Udy  had  .told  me,  her 
daughter  had  given  her  the  aecomt  of  what 
had  passed  between  us,  that  abewia  satisfied 
thece  was  a  oorrespoiideiioe  of  kite  between  vb^ 


165}  STATETRIALS,  94C9ABlsft  n.  1663.—, 

1^  raaMrretO  inn,  I  proffered  to  abwDt  my- 
irif.  I  desire  my  lady  may  aoswer  whether 
this  be  DOt  80. 

L.  C.  J.  That  will  be  to  intneate  the  busi^ 
aesB^  to  go  OD  thus.  Pniy,  my  lord,  if  yon  will 
aik  ai^  question  of  any  body,  tell  them  your 
cmmsei,  and  let  them  ask  them,  but  to  make 
kMMf  diaoounes  all  day  is  ifl>t  to  be  permitted. 

£ofd  Grey.  My  lord,  I  will^^k  then  my 

Scstions  all  together  by  and  by..  My  lad^r 
irkdev  going  down  with  my  ford  to  Dar- 
daoti,  desired  that  my  wife  might  go  down 
vitl^  her,  to  which  I  readily  consented.  Soon 
after  that,  I  fell  sick  and  kept  my  bed  a  while. 
When  I  was  well  ag^un,  an^  going  into  Sussex, 
I  snit  for  my  wife  to  town,  and  would  not  go 
ftCch  her,  because  I  would  keep  my  word  with 
her  ladyship.  My  lady  Berkeley  thereupon 
wrote  me  a  letter,  wherein  she  thanked  me  for 
JBOt  coming  according  to  my  promise,  and 
eommendea  my  modesty  in  it ;  and  said,  there 
would  be  no  apprehension  of  any  ill  from  me, 
if  I  did  come  thither  for  a  short  time.  And 
tfaoenpon  being  invited  by  her  ladyship,  to 
tdoe  her  house  in  my  way  to  Suiisez,  i  did 
osme  down  thither.  And  I  urge  this,  to  shew 
tbst  there  was  no  conspiracy  or  design  of  any 
nidi  thing  in  me,  for  I  had^ot  gone  to  Dur- 
duita,  if  I  had  not  been  sent  for,  and  so  there 
i^as  DO  design  in  my  going.  When  I  came 
tUther  it  was  the  Tuesday,  and  on  the  Thurs- 
day my  lady  Berkeley  did  acquaint  me,  she 
was  niMer  great  apprehensions  and  fears ;  and 
I  adced  her  the  reason  of  it.  She  ^Id  me, 
"Riat  the.  had  been  at  some  ease,  her  daughter 
baTing  made  a  great  submission  to  her,  and 
promise  of  constant  obedience,  and  that  she 
wsvlddo  all  as  she  would  have  her,  if  she 
WDold  but  giTe  her  leave  to  go  to  town  with 
her;  but  yet,  for  all  this,  one  morning  she 
puis  on  her  hoods  and  scarfs,  and  was  going 
sway,  and  had  done  it,  but  that  the  French 
WQsaan  and  another  prevented  it.  I  told  my 
hdyBerkdey  then.  Madam,  said  I,  I  have 
good  Tsason  to  believe  she  may  have  some 
saeb  intention.  I  did  not  give  my  reason  at 
thst  time,  but  I  shall  by  ana  by.  But,  said  I, 
if  she  do  go  away,  I  cannot  imagine  but  that 
it  is  possible  she  may.  send  to  me,  and  I  will 

E*  eyoor  ladvahip  notice  as  soon  as  ever  1 
vw ;  and  tooii^  yon  seem  to  be  satisfied, 
aod  to  think  your  daughter  secure  here,  yet 
yoQ  do  not  thJoiSf.  her  so  indeed ;  and  you 
umst  needs  use  her  fli,  or  she  would  have  no 
^Mights  of  i^ng  from  you.  For  my  part, 
if  she  do  go  away  and  come  to  ipe,  I  will  shun 
it  as  I  would  death,  aad-yoa  have  now  fair 
wanung' ;  she  ia  all  d^  in  your  eye,  pray  be 
soie  to  kx^  her  up  um  at  night.  Upon  Fri- 
day fbnowing-  comes  a  letter  wi&out  a  name 
to  it,  and  Mr.  WiDiams  haa  opened  to  you  the 
cotttents  of  the  letter.  She  read  the  letter  when 
bar  daughter  was  in  the  room,  who  asked  what 
theklter  was,  and  being  denied  to  have  any 
■ccooiit  of  it,  was  in  the  greatest  confusion  in 
the  world,  and  leaped  and  run  dawn  stairs  like 
A  Quul  tbiiig,  and  my  lady  heraelf  was  very 


much  diitorbed  at  it  When  I  kaw  the  letter, 
paadam,  said  I,  this  letter  ought  to  confirm  you 
in  the  resolution  of  taking  my  advice ;  it  can 
coroe  from  nobody,  but  some  one  that  is  to 
assist  in  the  executuig  of  this  design,  but  thinkfl 
it  too  daii^perous  to  engage  in,  and  gives  you 
thia  warning  to  prevent  it  You  have  suffi- 
cient caution  given  you  to  make  you  careful. 
Whereas,  my  lord,  if  I  had  been  in  any  sort 
of  conspiracy  of  that  nature,  to  take  her  away, 
my  )ady  Berkeley  certainly  should  have  been 
the  last  woman  in  the  world  that  I  would  have 
commnm'cated  it  to.  My  lord,  I  went  a^ay 
from  Durdants  on  the  Saturday,  and  so  to 
Oufldford,  where  I  lay  that  night,  and  went  on 
my  journey  the  next  morning,  but  was  over- 
taken on  the  road,  by  a  messenger  from  lady 
Lucy,  who  was  come  to  Guilford  to  speak  with 
me ;  when  I  came  back  to  her,  she  told  me, 
my  lady  Harriett  was  gone  away  that  night, 
and  th^  did  believe  I  knew  where  she  was. 
Said  I,  Madam,  I  have  as  great  a  share  in  this 
misfortune  as  any  of  you  all,  because  of  your 
supicion ;  but  sure  you  must  have  used  her 
very  iH  and  make  her  do  this ;  and  you  are 
much  to  blame,  when  you  had  all  that  warn- 
ing from  me ;  why  did  you  not  secure  her, 
and  lock  her  up  as  I  advised  you  I  Said  she. 
She  was  locked  up,  but  the  key  was  left  in  the 
door.  Upon  this  I  went  to  London,  and  I  had 
appointed  my  lady  Lucy  to  meet  her  on  Mon- . 
day  morning,  to  give  an  account  what  I  could 
learn  ;  but  I  told  ner,  that  I  had  heard  nothing 
of  her,  nor  is  there  any  proof  that  I  did  see  her 
at  any  time,  till  I  owned  it  before  your  lord-^ 
sdiip  at  your  chamber.  She  seemed  not  to  be- 
lieve me  when  I  told  her  so.  Madam,  said  I, 
it  is  certainly  true ;  aud  to  convince  you  that 
I  have  no  hand  in  this  matter,  I  will  go  imme- 
diately into  Sussex,  and  there  I  will  stay  as 
lon^  as  you  wiU  have  me ;  and  if  you  please 
to  go  yotirself  with  me,  or  send  any  body  else, 
to  observe  what  I  do.  She  thought  it  not  (it 
for  herself  to  go  with  roe :  but  my  lady  Berke- 
ley and  she  afterwards  pitched  upon  Mr.  Cra- 
ven, who  had  been  a  long  time  a  servant  in  the ' 
family,  and  I  agreed  \vith  my  lady  in  that,  to 
have  him,  and  receive  him  as  a  spy  upon  me. 
Discoursing  with  my  laily  Lucy,  said  I,  Ma- 
dam, ndw  1  will  tell  you  .the  reason,  which  I 
forbore  to  tell  my  laoy  Berkeley,  why  I  bad 
good  ground  to  suspect  my  lady  Harriett  had 
a  design  to  go  away,  and  it  was  tliis :  My  lady 
Harriett  came  to  me  one  day,  about  six  weeks 
or  more  ago,  in  the  court-yard  at  St.  JohnX 
and  says  she  to  me,  I  am  used  like  a  dog,  I 
live  the  life  of  a  slave  here,  L  can  endure  it  no 
longer ;  by  the  eternal  God  that  made  me,  I 
wUI  not  be  alive  long,  unless  I  can  set  myself 
at  liberty.  This  I  said  to  m^  lady  Lucy ;  and 
these,  said  I,  were  reasons  enough  for  me  to 
warn  you  to  look  well  after  her.  I  did,  ac- 
cording to  agreement^  go  into  Sussex  imme* 
diately  ;  and  I  then  told  my  lady  Lucy,  I  be- 
lieved I  might  have  a  letter  from  my  laay  Har  * 
riett,  by  the  Wednesday  night's  post,  because, 
said  I, ierio cannot writesooner  than tha^  and  if 


t€r]  STATS  TBI ALS»  34Ciu»jiE»«.  l«M.-'T«Vrf</iX0it3r<w<«««rF,  [ifi* 

Ibave^  I  wUlsend you.  wcnnL  Wlieii  I  vf§B 
tbere^  Mr.  Craven  came  the  next,  day  to  my 
kou^ ;  and  an  soon  as  he  came,  said  I,  Here 
is  a  lette)*  I  have  received  from  my  ]ady  Ibr- 
riett,  and  if  you  will,  jrou  may  tale  a  copy  of 
it.  I  took  a  copy  of  it  myself,  and  sent  the 
original  of  it  to  my  lady  X.ucy,  though  they 
have  not  thoug^ht  fit  to  produce  the  letter  now 
in  coUrt,  that  vour  lordship  and  the  jury  might 


see  it.    But  tlere  is.  mine,  which  is  the  first 
account  what  was  hecomc  of  her  after  she  went 
away,  that  I  received,  except  what  account  I 
had  firom  my  lady  Lucy  at  Guilford;  and  this 
will  shew  to  all  the  world,  that  I  was  not  so 
much  privy  to  her  going  awav,  as  they  say  I 
ffras.    I  had  deuicd  to  assist  her  in  it,  when 
she  complained  to  me  of  her  ill  usage;  and 
when  she  attempted  to  ffo  away  before,!,  upon 
my  lady's  telling  me  of  it,  gave  her  sufficient 
-  caution.    And  for  the  ti-uth  of  all  this,  I  appeal 
to  those  very  witnesses  that  have  been  pro- 
duced agaiust  me.    When  I  had  shewn  this 
letter  to  Sir.  Craven,  1  sent  it  away  by  a  ser- 
vant of  my  own,  to  my  lord  Berkeley's,  and 
wnt  to  my  lady  Lucy,  and  desired  her  to  pen 
Whatever  answer  she  should  think  fi^,  to  send.  | 
My  lady  Lucy  did  write  to  me  back  again,  and 
tofd  me  the  substance  of  what  1  was  to  write, 
but  the  penning  of  it  she  did  leave  to  me,  for  she 
believed  I  woiUd  do  it  effectually.    I  did  write 
an  answer  to  my  lady  Harriett's  letter,  and  that 
apswer  I  shewed  to  Mr.  Craven,  and  asked 
him  if  it  were  sutucient,  and  he  seemed  to 
approve  of  it.    The  lady  herself  is  in  court,  I 
know  not  whether  she  can.  give  an  account  of 
the  letter,  I  suppose  she  can  tell  you  what  an 
one  it  was.    1  had  ailerwards  another  letter 
from  her  in  answer  to  mine,  and  that  I  hare 


me,  I  could  npl  protect  heragaisslh«rfiitter.  * 
I  then  told  your  lordship'  &od  my  lady  Qetl(e* 
ley.  She.  was  not  in  my  house,  nor  in  my  om- 
tody.    They  replied,  She  was  in  my  power  ; 
but  how  coukl  she  be  in  my  power,  when  8h« 
was  not  in  my  custody,  nor  in  my  bdgi«g  t 
But  my  crime  was  that  I  knew  where  she  w«a*~ 
And  it  I  do  deserve  punishment  for  keepin|^ 
my  word  and  faith  with  her,  which  Ji  gare 
her  in  a  letter,  upon  her  impor^ity  n^  to 
betray  her,)  must  submit  to  it,  I  could  not  in 
honour  da  otherwise.    My  lord,  I  desire  tbia . 
first  tetter  ma^  be  read,  which  was  first  scot  by 
my  lady  Harriett  to  me. 

£.  C.  J.  Surely,  my  knrd,  for  all  your  \ot$g 
discourse  youcanpot.  hut  apprehend  youradf 
mistaken,  when  vou  say  there  is  no  crime 
charged  in  the  inrormation,  but  the  taking  her 
away  to  such  an  intent  and  purpose.  Surdy 
there  are  other  things  besides  that  Ana 
what  you  speak,  if  not  proved,  your  lordship 
knows  must  pass  for  notbmg. 

Mr.  William.  My  lord,  your  lorcbhip  has 
made  a  right  distinction  between  disooufMS 
and  proofii.  Therefore  discourses  between 
strangers  and  thii-d  persons,  are  not  to  be  stood 
upon,  but  tlie  proofs  are  ;  and  all  the  evidence 
together  must  be  leil  to  the  jury,  to  oonsiriks' 
what  is  material  and  peitment,  ^iid  wbat  not. 
We  shall  therefore  go  on  to  our  evidence  ^  and 
shall  begin  with  my  lady  Berkeley  first,  gnd 
ask  her  ladyship  some  questions,  and  we  de- 
sire to  know  whether  she  hath  seen  this  leU* 
tor? 

L,  C.  J.  But  take  notice,  the  letter  you  pro- 
pose, we  cannot  read  it. 

Mr.  Williams.    But,  my  lord,  it  was  agreed 
I  between  my  lady  Lucy  and  my  lord  Grey,  tliaft^ 


here,  and  it  will  appear  by  both  of  those  let-    if  he  received  any  letters  from  my  lady  Har^ 


ters,  whether  I  had  any  interest  in  her  going 
away.  Though  perhaps  that  would  not  have 
been  such  a  crime  neither ;  and  vet  I  think 
.withal,  that  there  is  not  a  tittle  or  proof  that 
f  had  any  hand  in  it,  not  one  proof  of  any  cir- 
cumstance like  it.  And  if  there  be  any  crime, 
it  must  be  the  taking  her  away,  to  suen  an  in- 
tent and  purpose  as  is  charged  in  the  inibrma- 
tion.  ,  Before  I  came  to  town,  I  was  sent  for 
about  some  other  business,  yet  I  would  not 
come  till  I  had  my  lady's  consent ;  for  I  sent 
lier  word,  my  lady  Hsftnett  writ  in  her  letter, 
that  she  was  going  beyond  sea,  and  if  I  went 
to  London  I  might  prevent  it,  but  I  would  not 
go  without  my  uidy*s  or  Mr.  Craven's  consent 
atid  approbaUon.  When  I  came  to  town,  I  was 
one  day  at  the  coffee  house  in  Covent- Garden, 
I  was  tnen  sent  to  by  this  lady,  who  was  in  an 
hac^kney-coach  at  the  door,  and  when  I  came  to 
'  the  coach  side  to  her,  she  gave  me  a  tedious 
history  of  her  ill-usage  at  home,  wh\dx  niade 
her  come  away.  Aud  when  your  lordship's  war- 
rants were  out  ib  search  ibr  her,  I  came  up  to ; 
your  lordship,  and  I  dare  appeal  to  your  lord- 
ship, whether  I  did  not  acquaint  you,  that  she 
only  sought  for  protection,  and  was  willing  to 
return  home,  so  she  should  be  satisfied  shq 
•bPiddoQi  be  IB  treated  agauL    You  then  told 


riett,  he  should  communicate  them  to  my  Hdy 
BeHkeley,  and  tliis  letter  coming  to  bun,  hm 
first  shews  it  to  Craven,  this  man  that  was  tinift 
set  as  a  spy  upon  him,  and  after  sent  it  to  onr 
h^y  Lucy,  and  whatsoever  answer  they  wovu 
have  sent,  was  promised  shouhL  be,  and  ao- 
cordingly  was  first  sliewn  to  Craven,  and  then 
sent,  if  this  were  the  agreement,  and  theoft 
letters  were  thuft  written,  then  sure  we  mi^ 
read  them. 

L,  C.  J.  You  may  ask  my  lady  Berkelejr 
any  questions,  but  must  not  read  any  suc^ 
letters. 

Seij.  Jeff.  Pray,  Mr.Williams,  let  us  go  ac- 
cording to  the  course  of  law,  and  give  no. 
evidence,  but  what  is  fit  to  be  given  as  evi- 
dence. 

Mr.  Williams,  Tlien  thus.  Madam,  pray  caa. 
you  remember  the  discourse  that  p^st  D^tweeo. 
my  Iprd  Grey  and  your  ladyship  in  June,  con* 
cerning  your  daughter  and  him  ?. 

J jSidy  Berkeley.  Where? 

Mr.  William.  At  St.  John's. 

Lady  Berkeley.  I  do  not  well  knofr  what  dis* 
course  you  mean ;  but  any  particular  diaoouTM. 
that  was  there  I  will  answer  to. 

Mr.  Williams.  That  discourse  that  past  bon 
tweenyou  the  first  tinae  that  you  aequ«iatodBi|r 


1(9]  STATETiUAI^S4Cki4«Uin.]«ai-->brAiMnid^  Berhbg,  [170 


kid  Grey'thai  700  mpected  ibcte  was  too 
'  iwch  ftmilkuriiy  bMweea  him  and  yow 
ter. 

Lady  Beribe/«y.    .The  first  time  do  yoa  say? 

Mr.  Williams.  Yea,  Madam  ;  I  tbink  yov 
were  pleased  to  say,  that  apoa  your  first  dis- 
covery, yoo  sent  fiir  him  and  talked  with  him. 

Lady  Berkeley.  I  did  sot  say  upon  my  first 
diseovery,  bat  when  I  had  discovered  it.  For 
I  would  be  very  punctual  to  the  truth  in  my 
Cfidence. 

Mr.  Williams,  You  say,  your  ladyship  had 
iome  ^sooune  with  bim  in  june. 

Ijady  Berkeley,  I  think  it  was  in  June. 

Mr.  Williams.  Pray,  Madam,  can  you  re- 
member what  my  lord  Grey  promised  your 
ladyship  then^? 

:  Lady  Berkeley,  He  told  me  then,  he  would 
obey  me  in  any  things,  even  if  I  would  banish 
bim  my  house. 

Mr.  Williams,  Was  there  any  letter  then 
prodooed  by  yonr  ladyship  or  my  lord  Grey  ? 

lojdy  Berkeley,  Of  what  concern  f 

Mr.  WHkams.  Any  letter  that  lelated  to 
your  daiu^ter  ? 

Lady  Berkeley.  No ;  but  I  told  him  of  aletter 
that  was  ibnnd,  that  she  had  writ  to  him. 

Mr.  WaUams.  Madam,  pray  have  yon  that 
letter,  or  any  copy  of  it  ? 

lady  Berkeley,  No,  it  was  torn  to  pieces,  I 
can  brmg*  the  pieces,  I  beUeye,  if  there  were 


Mr.  I^losipMft.  Your  ladyship  read  it,  I  sup- 
pose? 

Lady  Berkeley,  No,  my  daughter  Bell  read 
it,  and  tore  it  in  pieces* 

'  Mr.  Williams,  Was  there  any  discourse  be* 
tween  your  ladyship  and  my  loid  Grey,  about 
aaj other  letter? 

Lady  Berkeley,  Not  at  that  time, 
f  MrJ' Williams,  Was  there  at  any  other  time  ? 

Lady  Berkeley.  Yes,  at  tbe  Charter-house 
4ft  tav  lord's  honse,  one  day  my  lord  Grey  de- 
sired me  to  walk  into  the. gallery,  for  he  bad 
aamedung  to  communicate  to  me,  and  the  dis- 
CDuse  thai  past  between  us  then  wai>  this ;  he 
shewed  me  there  ft  letter  of  the  passionate  lore 
he  had  fm  her,  with  some  good  counsel  in  it 

Mr.  Williams,  Did  your  ladyship  approve  of 
the  counsel  he  gave  her  ? 

Lady  BerkeUy*  'Sffr&r,  when  there  wHs  ^so 
much  love  and  passioD  in  the  letter. 

Mr.  WUUams.  Fray,  Madam,  recollect  your- 
aetf,  were  yon  not  pleased  to  like  of  that  letter  ? 
-  Lady  &rkeley,  I  could  never  like  of  the 
passionate  expressions  in  it;  there  miffht  be 
BJNH'  thing,  in  it  well  #aid  enough,  but  with  the 
greatest  expressions  of  passion  and  lore ;  inso- 
Bsncfa,  that  he  faimsdf  said  of  it,  madams  I'm 
ashamed  of  that  part,  and  would  have  had  me 
overlooked  it. 

Mr.  Williams,  Did  yonr  ladyship  say,  her 
father  eould  not  giro  her  better  advice  ?  • 

Lady  Berkeley,  Not  that  1  know  of 

Mr.  Thompson,  Pray,  Madam,  did  you  ever 
sarib? 

U4j  Betkeley.  Surely  I  did.  not:   For  I 


♦. 


oosldnotbat  thitic  hb  coldd  gi«e  her  a  great 
deal  better  advice.  .        . 

Mr.  Williams.  Does  yoilr  kdjnhip,  pray 
Madam,  remember  any  macourae  between  my 
lord  Grey,  and  you,  upon  the  Thursday  beftra 
your  daughter  went  away  ? 

Lady  Berkeley,   I  cannot  tail  for  Thursday./ 

Mr.  Williams,  Doeb  your  ladyship  remem« 
ber  the  letter  you  received  firom  an  unlmown 
hand  ?— Lady  Berkeley.  Yes,  I  do. 

Mr.  Williams,  Did  you  shew  that  letter,  or 
read  it  to  my  lord  Grev  ? 

Lady  Berkeley.  B!fy  lord  Grey  came  up  to 
me,  and  seemed  to  be  very  careful  of  my  con* 
cems ;  Madam,  said  he.  Pray  take  care,  fsr  I 
saw  ai  letter  directed  to  your  ladyship,  without 
tbe  mark  of  tbe  post,  or  the  penny-post  upon 
it.  And,  said  he,  I  give  you  tliis  caution  about 
it  before  it  comes  to  you.  Because  my  lord 
was  by,  I  arose  up  and  went  to  tbe  other  Ma 
of  the  room,  and  mv  lord  Grey  followed  me, 
and  when  I  took  up  the  letter,  I  saw  something 
that  I  thought  to  be  rery  odd  and  unusual  iif 
his  carriage,  as  if  he  were  in  great  disorder,  as 
I  was ;  and  I  went  to  my  chamber,  thitiber  myi 
lord  Grey  followed  me,  and  that  letter  be 
would  see,  because  he  said,  it  had  put  me 
in  some  disorder :  I  told  him  be  should  not  see 
it  as  then.  I  sentfiir  my  daughter  Lucy  into 
my  closet,  and  diewed  it  her,  and  she  was  in 
great  disorder  about  it  too. 
V  Mr.  Williams,  Pray,  Madam,  can  yon  re- 
member whether  that  letter  did  caution  you  to 
look  well  to  yonr  daughter,  or  else  you  were 
not  like  to  have  ber  company  lonj^  ? 

JLoAy  Berkeley,  The  letter  did  say  some 
such  tning,  I  must  look  after  my  daughter,  or 
I  should  lose  her. 

Mr.  Thompson.  And  this  was  on  the  Friday, 
before  she  left  your  ladyship,  Madam,  was  it 
not?  ' 

Lady  Berkeley,  Yes,  it  was  so,  I  think. 

Mr.  Williams,  Pray,  Madam,  what  did  my 
lord  Grey  say  upon  Uiat  ? 

Lady  Berkeuy.  He  was  extreoMly  earnest 
to  see  the  letter,  because,  he  said,  it  had  so 
disordered  me ;  and  at  laflt  I  was  persuaded  tn 
let  him  see  the  letter :  he  turned  tiie  letter  up- 
side down,  and  looked  on  the  subseriptien. 
Madam,  says  he,  is  this  all  that  dsord^rs  yoo 
so  much,  1  am  used  to  have  many  suoh  letters 
Ijy  the  penny-post;  this  is  nothing^  but  to 
amii^se  yon.  It  ia  a  very  siHy  letter,  and  writ- 
ten by  some  woman,  as  you  may  see  by  the 
spel1ii>g. 

Mr.  Williams,  Did  he  caution  you  to  lock 
up  y  oni  *  daughter  at  nights  to  secure  h^  ? 

£ady  Berkeley,  Not  one  word  upon  this 
letter ;  bvt  the  next  morning  again  lalking 
about  this  letter,  he  said.  It  was  a  foolish  fetter, 
and  what  siHould  I  trouble  myself  about  it  fi)r  ? 

Mr.  TFiilt.  W.  But,  Madam,  had  you  any 
caution  girei  t  you  by  my  lord  Grey  about  this 
time,  to  take  t  ^are  or  your  daughter  P 

Ladyfieribe»Vy.  Not  that  I  remember,  to 
lode  her  up. 

Mr.  Williams,   What  theft  did  he  say  ? 


I 

171]  OTATETWAL8,  34CflARt£s  II.  iSB^.'^lirial  of  Lord  Grey  imiMhm^  Cl7« 


Ii«dy  JBerfte/ey.  I  will  tell  you  what  he  said 
to  me  once  or  twice.  Madam,  whatever  you 
do,  do  not  make  her  desperate.  I  asked  him 
what  he  meant  by  that  word  ?  Said  he,  It  is 
Bot  necessary  to  explain  tliat  word  to  you ;  I 
meant  hothiDg*,  but  do  not  use  her  ill.  Now, 
nnr  lord,  I  was  so  f^x  from  that,  that  I  used  her 
TVtth  all  the  tenderness  of  a  motl)er,  like  a 
aster  rather  than  a  daughter  ;  na}',  he  himself 
has  confessed,  she  was  better  used  tlian  he 
imagfined  she  was. 

Mr.  Williams.  Did  your  ladyship,  at  any 
time,  intimate  to  my  lord  Grey,  that  you  had 
any  apprehensions  of  her  intending  to  go 
away? 

Lady  Berkeley.  I  did  tell  him.  That  when  I 
was  at  London^  my  woman  that  lay  with  her, 
did  rise  about  8  o'clock,  and  left  ray  daughter 
alone  in  the  room,  and  when  she  came  up 
ag^n,  my  daughter  had  put  on  her  hood  and 
fcarf,  and  her  petticoat  was  pinned  up,  as  ready 
to  go  out,  and  the  woman  being  affrighted  at 
this,  called  up  my  other  daughter,  and  so  pre- 
vented it ;  uid  sdW  came  and  told  me  she  had 
.  pinned  up  her  petticoat  thus  about  her,  and  she 
did  not  Know  what  she  meant  to  do.  Upon 
this  I  went  to  my  daughter,  and,  said  I,  What 
is  the  reason  that  you  pinned  up  your  petticoat, 
and  put  on  your  nood  and  scarf  ?  Says  she,  I 
had  not  my  scarf  on.  But  says  my  woman  to 
roe,  when  I  came  into  the  room,  you  thru/st 
something  into  your  gown.  It  is  true,  I  did  so. 
Madam,  said  she,  but  it  was  upon  the  account, 
I  had  got  a  sheet  of  paper,  upon  which  1  in- 
tended to  write,  and  seeing  her  come  in,  I  put 

it  in  mygown- 

Mr.  mlliams.  Pray,  Madam,  did  my  lord 
Grey  at  any  time  caution  your  ladyship  about 
your  daughter,  to  lock  her  up,  or  tell  you  his 
opmion  that  he  thoufht  she  would  leave  you? 

Lady  Berketei/.  I  cannot  positively  say 
that ;  nut  he  used  to  say  to  me,  Madam,  do  not 
make  her  desperate  ;  I  do  not  know  that  ever 
he  advised  me,  as  to  the  locking  her  up. 

Mr.  Tkfiii^ton.  Did  h^  desire  you.  Madam, 
to  take  care  that  she  did  not  go.  away  irom 
you  ? — Lady  Berkeley.  I  do  not  remember  it. 
.  Mr.  Williams.  Pray,  Madam,  can  you  tell 
who  brought  that  letter  from  an  unknown  hand 
to  you  at  Dardants  ? 

Lady  BerkeUv.  It  came  down  with  other 
letters  to  my  lord's  steward. 

Serj.Je^.  But  yourladvship  says  my  lord 
Grey  was  very  solicitous  aoout  that  letter^ 

Lady  Berkeley,  Yes,  Sir,  he  came  to  me,  and 
veiy  earnestly  cautioned  me  about  it :  for,  said 
he,  I  see  there  is  neither  the^  general-yost  nor 
the  penny-post  marie  upon  it.  And  jtnowing 
himself  guilty  of  what  ne  was  guilly  of,  he 
miffht  be  afraid  lest  my  lord  should  nee  it,  and 
80  ms  business  come  out. 

Mr.  Williams.  Pray,  my  lady  LiTiCy,  do  you 
vemember  that  ever  my  lord  Grey  ailVised  the 
locking  her  up  P 

Lady  Lucy.,  ][Jpon  discoursiyig  of  the  letter 
that  came  mm  an  unknown  hand,  my  mother 
Mid  la  asy  lw4  Grey y  sura  tfaaj^  is  snak  a  horrid 


thins*  that  it  can  never  be  dune ;  my  lord  Gcey 
might  then  reply  and  say,  if  you  fear  it,  you 
may  lock  her  up :  but  I  do  deny  that  ever  %. 
heard  him  say  any  thing  to  caution  my  mo- 
tho*,  that  he  thought  she  was  agoing. 

Mr.  Williams.  Madam,  the  question  I  ask  *- 
your  ladyship  is,  whether  my  lord  Grey  did  or  > 
no  direct  or  advise  to  lock  her  un  P 

Lady  Lucv.  Upon  my  motner's  discourse 
concerning  the  unknown  letter,  and  how  nd  a 
thing  that  would  be,  he  might  say,  that  if  site 
fewred  that,  she. might  lock  her  up;  but  he 
never  did  say  that  he  did  think  she  would  ffo. 

]^r.  Thompson.  Pray  when  was  this,  Macuun, 
how  long"  before  she  left  the  family  ? 
LadyXiJcy.  The  day  before. 
Mr.  Williams.    Then,  Madam,  for  thedis^ 
course  you  had  with  him  at  Guildford,  what 
said  he,  he  would  do? 

Lady  Lucy.   It  was  at  London,    that,  be . 
passed  his  word  to  so  down  into  the  coantry% 

Mr.  Williams.  What  did  he  promise  you  to 
do  there.  Madam  ? 

Lady  Lucy.  He  said  he  would  not  stir  from 
Up  -Park  till  he  heard  from  my  fother.  : 

Mr.  Williams.  What  did  my  lord  say  to  you, 
Madam,  about  the  letters  he  should  receive  ? 

Lady  Lucy.  He  did  say  he  would  send  U9 
all  the  letters  that  came  to  him  from  her,  and 
if  any  came  to  our  hands  we  were  to  open 
them. 

Mr.  Williams.  Was  my  lord  Grey  willing 
to  receives  spy.  Madam,  upon  him? 
Lady  Lacy.  Yes,  he  was. 
Mr.  Williams.  Was  there  any  letter  sent  to 
your  ladyship  from  my  lord  Grey  ? 

Lady  Lucy.  Yes,  there  was  a  letter  with  one 
in  it  from  my  lady  Harriett. 

Mr.  WUUams.  Have  you  those  letters  bjr 
you.  Madam  ? 

Lady  Lucy.  No,  I  have  neither  of  them 
here. 
Mr.  Williams.  Can  you  tell  the  contents  of  it  ? 
Lady  Lucy.  I  have  told  them  already. 
Mr.  WilliasHS*  Pray,  Madam,  will  you  please 
to  recollect  yourself  a  little,  when  you  were  at 
Guilford,  and  told  my  lord  Grey  that  my  lady- 
Harriett  was  eone  away,  did  not  my  lord  teU 
you,  you  had  not  observed  the  directions  and 
advice  he  gave  about  her,  to  lock  her  up ;  and 
did  not  you  then  answer  him,  yes,  the  door  was 
lodged,  but  the  key  was  left  in  ? 

Lady  Lucy.  I  (fid  reply,  the  woman  had  not 
locked  it  carefully  enough  after  her. 

Mr.  Williams.  Did  you  not  say,  thai  the  door 
was  lodged,  but  the  key  was  left  in  ? 

Lady  iMcy.  I  do  not  remember  a  word  of 
that. 

Mr.  Williams.  Madam,  will  you  please  to 
cast  your  eye  upon  that  letter,  and  see  if  that 
paper  be  a  true  copy  of  the  letter  you  had  ? 

L.  C.  J.  What  paper  is  that  you  offer,  Mr. 
Williams  ? 

Mr.  Williams.  It  is  a  letter  from  the  young 
lady  to  my  lord  Grey. 

L.  C.  J,  You  know  no  use  can  be  made  of 
that  paper»  why  do  you  offar  h  ?  It  iaconluid- 

9 


»73] 


,  34Ch AKLBS II.  1  Gs^.^fcr  iehauching  Ladytt,  Berkeley.  [ 1 7i 


'  ei  that  mv  kml  bad  the  lady  in  his  power,  and 
tfcni  would  not  slie  write  any  thing  ? 

Mr.  WUiiams.  Then,  my  lord,  there  is  the 
ymiDs  tedy  herself,  we  desire  she  may  be  exa- 

UOcll. 

Seij.  Jcfferies,  But  before  we  part  with  my 
bdy  Lucy,  if  you  have  done,  we  desire  to  ask 
her  a  question  ;  It  is  here  insinuated,  as  if 
Aerefaad  been  some  hardship  put  upon  this 
vtmng*  lady,  or  some  ill  usage  m  her  father's 
bnnly :  Now  for  the  honour  of  that  noble  funily : 
I  voold  have  that  point  cleared ;  and  therefore 
Cray  Madam,  did  you  ever  observe  any  un- 
mdnesa,  any  seventy  or  harsh  usage,  that 
va$  used  to  tbis  lady,  Cy  my  lord  or  my  lady  at 
uy  tnoe? 

iLady  Lucy.  So  far  from  that,  that  all  of  us 
Jnd  a^ealousy  that  she  was  loved  best. 

Seij.  Jefferkt.  Pray  take  notice  of  that,  gen- 


X.  C.  J.  Phiy,  Madam,  let  roe  ask  you  one 
foestioB.  AfWr  my  lady  had  discovered  this 
evil  affection  between  my  lord  Grey  and  this 
yoong  lady,  did  she  then  pnt  any  indecent  se- 
venties iiMRi  her,  or  use  her  very  hardly  ? 

Lady  iMcy.  My  lord,  I  came  out  of  France 
but  two  days  before  she  went  away.  I  saw  no 
such  thing. 

Mr.  WiUiams,  We  ask  her  about  my  lord 
Grey,  and  you  ask  her  about  a  third  person. 

Serf.  Jtfferies,  Oh  good  Mr.  Williams,  we 
know  why  we  ask  her  that  question.  It  is  an 
ezlvaordinary  case.  Pray  my  lady  Arabella, 
will  you  answer  the  same  question  P 

Z.  C.  J.  Ay,  Madam,  pray  let  me  ask  you ; 
after  this  ill  business  between  my  lord  and  her 
was  disoovervd,  did  my  lady  Berkeley,  (I  cannot 
say  ray  lord,  for  be  knew  nothing  oi"  the  matter 
tid  she  was  gone  away)  use  her  ill  or  un- 
kindly? 

iMy  Arabella,  No,  no,  my  lord ;  no  mother 
in  the  world  could  be  more  indulgent  and  kind. 
fihe  did  indeed  find  it  necessary  to  have  a 
stricter  eye  over  her,  and  she  did  put  a  woman 
about  her  to  look  afler  her,  and  did  not  permit 
her  to  write  any  letters.  She  had,  or  expressed 
a  greater  kindness  for  her.  than  any  of  us  aU 


Lady  Berkeley,  Ay,  and  that  my  lord  Grey 
knows  to  be  true. 

X.  C  J.  No,  no,  when  my  lord  Grey  was 
in  bis  passioo,  he  might  say  so,  but  he  Las  no 
proof  to  shew  of  it. 

Sen.  Jejferies,  My  lady  Lucy  and  my  hidy 
Arabola,  what  person  did  you  fear  should  take 
her  away,  pray  ? 

Lady  Arabella,  We  were  not  afraid  of  any 
My  but  my  lord  Grey. 

LNJy  Lu€y,  There  was  no  reason  for  fear  of 
sny  body  but  hiin. 

m.  Williams.  Vty  lord,  there  is  the' young 
hdy,  we  desire  she  may  be  sworn. 

Ait,  Gen.  We  oppose  it.  Sir,  and  have  very 
^fosd  leason  so  to  ooV  and  we  think  it  is  time  to 
ioitnoWfiferer. 
L  C.  /  Wby  should  she  imI  be  sworn,  Mr. 

Attoniey  f 


Just.  Dolken,  If  the  lady  herself  have  the 
confidence  to«be  sworn,  I  see  no  reason  why 
she  should  not. 

Att,  Gen,  This  case,  my  lord,  is  in  the 
nature  of  a  ravishment  of  ward,  for  it  is  for 
taking  a  younff  lady  out  of  the  tuition  and  cus* 
tody  of  her  fatner,  who  is  her  guardian  by  na- 
ture, and  it  is  apparent  in  the  proofs,  she  is 
highly  criminal  in  this  very  matter  herself,  in 
consenting  to  so  away  in  such  a  manner,  and 
to  such  an  evilpurpose ;  and  now  she  comes 
to  excuse  one,  that  is  nqt  only  a  partaker  in  her 
lault,  but  the  first  seducer.  Now,  my  km!*, 
when  we  have  proved  this  matter  of  love  upon 
her,  that  is  laid  in  the  information,  sure  she 
cannot  be  a  witness  for  them,  she  would  be  a 
witness  to  excuse  herself. 

jL.  C.  J,  Mr.  Attorney,  I  do  think  truly,  t^at 
notwithstanding  what  you  say,  she  may  be  a 
witness,  being  no  party  to  the  information. 
But  withfd,  I  thipk  there  is  very  little  credit  to 
be  given  to  what  she  says. 

Mr.  Williams.  Sure  these  gmtlemen  forget 
themselves  much  in  offering  to  liinder  or  opposs 
one*s  being  a  witness,  that  is  no  party  in  the 
cause. 

Mr.  Serj.  Jefferies.  TVuly,  my  lord,  we  would 
prevent  penury  if  we  could.  [Then  die  was 
sworn."] 

X.  C  J.  Brother  Jefiertes,  we  cannot  oppose 
it,  if  they  will  press  it,  and  she  consent ;  but  I 
tell  you  wliat  I  think  of  it. 

Air.  WiUiams.  If  she  be  sworn,  my  lord,  we 
would  ask  her  a  question  or  two.  Madam,  wc 
would  desire  your  ladyship  to  answer  whether 
my  lord  Grey  had  any  hand  in  your  escape  ? 

Lady  Henrietta.    No,  Sir. 

Just.  Dolben,  You  are  upon  your  oath, 
Madam ;  have  a  care  what  you  say  ;  consider 
with  yourself. 

Lady  Henrietta.  Yes,  I  know  I  am  npoa 
my  oath,  and  I  do  upon  my  oath  say  it 

Mr.  Williams,  Did  my  lord  Grey  advise  you 
io\i? 

Lady  Henrietta,  No,  I  had  no  advice  frpm 
him,  nor  any  Tiody  about  him,  nor  did  he  kno\f 
any  thing  ot  it,  it  was  all  my  own  design. 

Serj.  Jefferies,  Madam,  1  would  ask  you  this 
question,  and  pray  consider  well  before  you 
answer  it.  Did  you  see  my  lord  Grey  on  the 
Sunday  after  you  went  away  from  your 
father's? — Lady  Henrietta.    No,  I  did  not. 

Serj.  Jefferies.  Did  you  see  him  on  Monday  T 

Lady  Henrietta.   No, 

Serj.  Jefferies.   Did  you  on  Tuesday? 

Lady  Henrietta.   No. 
~  Sen.  Jefferies,  Didyou  on  Wednesday  ? 

,Lady  Henrietta,   No. 

Sen.  Jefferies.  Good  God !  Pray»  Madam, 
how  long  aflerwards  was  it  that  you  saw  him? 

Lady  Henrietta,  Sir,  it  was  a  great  whU 
afler.  '    . 

'   Mr.  Williams.  How  many  days  or  weeks 
after  was  it  ? 

Lady  Henrietta.  Sir,  I  cannot  teU. 
^  Serj.  Jefferies,  As  near  as  yoa  OHi|  ;tf^«y^ 
when  was  it? 


175}  STATE  TmAL%  S^CharlesH.  \6%2^TrUl  of  Lord  Grey  mid  oihtrs,  [17S 


Lady  Henrietta.  I  cau  remember  the  first 
.place  toat  I  saw  him  at  ailer,  bat  the  time  ex- 
actly 1  cannot.  * 
JVlr.  WUlUmu,  Where  was  that,  Madam  ? 
Lady  Henrietta.    It  was   in  a  hackney- 
coach. 

Mv,  Williami.  That  wasJhe^me,  I  suppose, 
that  you  seut  fbr  him  oat  of  the  cofiee-house 
in  CoYent-Garden  ? 

Lady  Henrietta.    Yes,  I  did  so. 
Mr.  Williams,   Pray,  Madaiu,  did  you  write 
any  letter  to  my  lord  Grey  after  your  going 
away  ? 

Lady  Henrietta,  Yes,  I  did  by  tjie  next  post. 
Mr.  Williams.    When  did    you  write  that 
letter,  Madam  ? 

Lady  Henrietta.  L  did  write  it  upon  the 
Tuesday  after  I  came  away.  I  hope  that  is  no 
ofTence. 

X.  G*  J'  No?  Is  it  not?  You  should  have 
writ  to  somebody  else  sure. 

Lady  Henrietta.  I  thought  him  the  fittest 
person  for  me  to  write  to,  and  I  did  not  imagine 
It  would  be  any  ways  scandalous  for  hinl,  he 
h&ng  the  nearest  relation  I  had  in  the  world, 
except  my  own  brother,  that  could  protect  me. 
Mr.  Williams.  Had  you  any  answer  from 
my  lord  Grey  to  that  matter,  Madam  ? 

Lady  Henrietta.  Yes ;  and  a  very  harsh 
letter  it  was. 

Mr.  Williams.  Did  you  write  him  any  other , 
fetter? 

Lady  Henrietta.  Yes ; .  but  I  received  no 
answer  of  it  at  all. 

Mr.  Thompson.  Prey,  Madam,  did  my  lord 
Grey,  at  any  time,  persuade  you  to  return  to 
iyour  father's  ? 

Lady  Henrietta,  Yes,  he  did  so  several 
limes. 

Seij.  Jefferies.  Pray,  Madam,  do  you  know 
Chamock,  that  was  my  lord  Grey's  gentleman  ? 
Lady  Henrietta.   Yes,  I  do. 
Serj.  Jefferies,  Upon  your  oath,  did  not  he 
carry  you  away  firom  Durdants  ? 
liidy  Henrietta,   No. 

S^.  Jefferies,  Nor  did  not  his  wife  assist 
you  initf--Lady  Henrietta,  No. 

Son.  Jefferies.  Nor  was  she  not  with  you  on 
the  ounday  morning  ? 
Lady  Iienrietta,    No,  nor  was  not  with  me. 
Att.  Oen.   Were  you  not  at  Mrs.  Hilton's 
then,  Madam  ? — Lady  Henrietta.    No. 
Att,  Gen.  Were  you  at  Patten^  ? 
Lady  Henrietta,  Wo. 
Sol.  Gen.  Nor  at  Jones's  t 
Lady  Henrietta.  No,  nor  at  Jones's  upon 
ny  oath. 

Att:  Gen.  Prey,  who  did  come  with  you 
fipom  Durdants? 

Lady  Henrietta.  I  shall  not  give  any  ac- 
count of  that,  for  I  will  not  betrey  any  body 
for  their  kindness  to  me. 

Mr.  Wallop.  If  it  be  no  body  in  the  infiirma- 
Hon,  she  is  not  botmd  to  tell  who  it  was. 

Lady  Henrietta.  If  I  hare  vowed  to  tbem 
before,  not  to  discover.  I  wiUaot  break  my  fow 
Wlhcin.  ^  - 


Just.  Dolben,  If  they  ask  yon  of  any  bod  jr 
in  the  information,  you  nave  heard  their  names, 
you  must  tell  if  it  were  any  of  them,  but  yoir 
are  not  bound  to  tell  if  it  were  any  one  else. 

Lady  Henrietta.  No,  it  was  none  of  them* 
I  went  away  upon  another  account. 

X.  C,  J,  If  you  have  no  further  questions  to 
ask  her,  proy.  Madam,  sit  down  again. 

Lady  ^€nrie^^a.  Will  you  not  give  me  lesTO 
to  tell  the  reason  why  I  left  my  father's  house  ? 
Just.  Dolben.   If  they  wiU  ask  you  it  tbey 
may.    You  are  their  witness. 

Mr.  Williams.  No,  Qiy  lord,  wedo  not  thiols 
fit  to  ask  her  auy  such  question ;  she  acquits 
us,  and  that  is  enough. 

Lady  Henrietta.  But  I  desire  to  tell  it  my^ 
self. 

L.  C.  J.  Truly,  I  see  no  reason  to  permit  it» 
except  we  saw  you  were  a  mgre  indifferent  per- 
son to  give  evidence  than  we  find  you. 

hsidy  Henrietta,  Willyou  not  give  me  leave 
to  speak  for  myself? 

Just.  Dolben,  My  lord ;  let  her  speak  what 
she  has  a  mind  to,  the  jury  are  gentlemen  of 
discretion-  enough,  to  regard  it  no  more  tbaa 
they  ought.  But,  madam,  for  God's  sake 
consider  you  are  upon  your  oath ;  and  do  not 
add  wilful  perjury  to  your  other  faults.  '  ^ 
Lady  Henrietta.  I  have  been  very  much 
reflected  upon  hei-e  to-day,  and  my  reputation 
suffers  much  by  tlie  censure  of  the  world,  and 
therefore— 

JL.  C.  J,  You  have  injured  your  own  repu- 
tation, and  prostituted  bc^  your  body  and  your 
honour,  and  are  not  to  be  believed* 

Justice  Jones.  You  are,  madam,  to  answer 
only  such  questions  as  are  asked  you  pertineat 
to  tbe  issue  that  the  jury  are  to  try,  and  if  the 
counsel  will  ask  you  no  questions,  you  are  not 
to  tell  any  story  of  yourself. 

Mr.  Ireton.  My  lord,  as  to  tbe  evidence  of 
Patien,  the  case  is  quite  otherwise  than  they 
would  represent  it  to  be,  about  Chamoek's 
coming  thither  for  lodgings,  for  Mrs.  Pattes 
is  a  midwife,  and  used  to  lay  Mrs.  Chaniodc, 
and  it  was  for  her  to  lye-in  at  Patten's  honae, 
because  it  would  be  inconvenient  to  lye-in  at 
my  lord  Grr^'s. 

L,  C.  J.  What  does  that  signify  ?  bat  prove 
what  you  can. 

Mr.  Thompson.   Where  is  Mrs.  Patten,  they 

wouki  not  produce  her,  because  they  knew  it 

was  against  them  ?  [She  appearing  was  sworn.] 

X.  C.  J.   Well,  what  do  you  ask  of  this 

woman  now  ? 

Mr.  Ireton,  I  would  ask  her,  my  lord,  whe- 
ther were  there  any  lodgings  bespoke  in  youp^" 
hoQse  against  September  ? 
Mrs.  Fatten.  I  know  nothing  of  that 
Mr.  Ireton.  Was  there  any  hody  in  Jane  sr 
July  at  your  house  to  bespoik  hnlgioffB  ? 

Mrs.  Fatten.  I  cannot  tdl  the  mon&  nor  te 
day. 

Mr.  Thcmpion.  prvy,  mistresf,  speak  what 
you  do  know. 

>  Mrs.  Patten.  Mr.  Chsmoek  and  bis  wife 
did  come  to  my  boose  bat  sommer. 

I 


irrj STATE TRIAIA d4CHAtLStIL  i6$i.'^fcrdAauekimgLadjftlBiriekif.[l79 

that  fiteth  any  diing  of  the  matter  apon  my 
lord  or  my  lady. 

Mr.  Wallop,  We  do  hope  in  your  lordahip'a 
ob8er?ation8  upon  the  evidence  to  the  jury, 
you  will  please  to  take  notice,  that  there  ii  no 
colour  of  evidence  of  any  actual  force  unon  the 
lady  which  is  laid  in  the  information,  tnat  my 
lord  did  vi  et  armit  abducere.  Sec. 

L,  C.  Ji  Oh,  Mr.  Wallop,  fear  not,  I  shall 
observe  riffht  to  the  jury ;  but  you  have  read 
the  book  tnat  is  written  concerning  juries  late* 
ly,  I  perceive.  • 

Ser|.  Jeffl  He  has  studied  such  books  no 
doubt,  and  has  learned  very  good  counsel  from 
Whitacre. 

L.  C.  X  Lode  you,  gentlemen  of  the  jury^ 
here  is  an  infbrmatiun  on  the  behalf  of  the 
king,  against  toy  lord  Grey,  and  the  other  de« 
fendaiits ;  and  it  doth  set  forth,  that  my  lord 
Grey  having  married  one  of  the  daughters  of 
the  eail  of  Berkeley,  and  having  opportunitT 
thereby  of  coming  to  the  earl  of  Berkeley's 
house,  he  did  unlawfully  solicit  the  lady  Hen« 
xietta,  another  daughter  of  the  earl  of  Berke* 
ley's,  a  youn^  lady,  to  unlawful  love ;  and  that 
he  did  entice  her  irom  her  lather's  house ;  and 
that  he  did  cauee  her  to  be  conveyed  away 
from  thence  a|rainst  her  father's  consent ;  and 
that  he  did  unlawfully  use  her  company  atler- 
wards  in  a  very  ill  manner,  an  unjustifiable 
manner ;  and  tms,  gentlemen,  is  the  substance 
of  the  information ;  in  truth,  it  is  laid,  that  he 
did  live  in  fbrnication  with  her.  Now,  gentle- 
men, to  this,  my  lord  Grey,  and  the  other 
persons,  the  Cnamocks  aind  the  Jones'# 
have  all  pleaded  not  guilty  to  it.  Now  then» 
the  (Question  before  you  is,  whether  there 
were  any  such  unlawftil  solicitation  of  this 
lady's  love;  and  whether  there  was  anv 
inveiglement  of  her  to  withdraw  herself 
and  run  away  from  her  father's  house 
without  his  consent ;  and  whether  my 
lord  Grey  did  at  any  time  frequent  her  company 
aflerwards.  Gentlemen,  the  evidence  that  has* 
been  given,  you  have  heard  what  it  is,  and  it  i^ 
very  plain,  if  you  do  believe  these  witnesses^ 
that  speak  it  from  my  lord's  own  mouthy  that 
he  hiUh  a  Ipng  time  unlawfully  solicited  ner  to 
lust  For  there  is  notliins;  else  in  it,  gentle* 
men,  (that  is  the  plain  Enmish  of  it  all)  he  hns* 
enticea  her  to  unlawful  lust.  My  lady  slie 
gives  evidesoe  of  it  from  his  own  mouth,  that 
mere  was  an  intrigue  of  unlawful  love  between 
them:  She  says  my  lord  Grey  condemned 
himself  for  it  several  times,  but  yet  prosecuted/ 
it ;  he  ovmed  it  was  a  most  disinjpennous  and 
dishonourable  thing  in  him,  which  indeed  it 
he  did  therein  in  tnith  Biake  a  right 


Mr.WiUutms.  What  was  their  bnsiBeflB  ? 

Mrs.  Pollen.  ForhKlffings. 

Mr.  JSkommon,  Did  mey  tell>yoa  who  they 
vene  for  ?    Did  they  talk  about  lying-in  ? 

Mrs.  Patien,    They  were  only  for  his  wife. 

Mr.  JErelon.  Did  lie  teU  you  what  time  he 
duHild  come  ? 

Mis.  Patten,  He  ^  tcil  me  they  were  not 
fit  to  come  iDto  yet,  but  they  might  at  such  a 
&De,  but  the  did  not  know  her  own  reckoning: 
Bat  Ihe^  were  not  takoi. 

lb-.  Lrctom*  Are  not  you  a  midwife? 

Mrs.  Patien.  1  was  Mis.  Chamock's. 

L,C.J.  What  is  that  to  this  purpose.* 

Seg.  Jeffl    Now  yoa  are  sweetly  brought  to 

SCO* 

Mr.  Iretifn.  Pray,  wooian,  vnll  yoa  tell  what 
Ifarv  said  to  y  oo  ? 

Ars.  Patten,  Mr.  Chamock  and  Iiis  wife 
eaaie  to  our  bouse  for  lodgingnk  1  adsed  her 
wfae  they  were  for ;  she  saidthey  were  for  a 
Ijeotlefiroiiian.  I  asked  her  •  who  she  wasi 
Says  slie,  iur  myself  to  lye-inhere.  Said  I, 
how  oomes  that  about  ?  Says  she,  about  the 
tine  diat  I  reckon  my  lord's  family  will  bcr  in 
town,  end  I  find  it  not  convenient  to  lye-in  at 
our  own  house ;  then  my  father  and  mother 
Wie  sent  Ibr  me  into  the  country',  to  lye^in 
tbei^  but  I  cannot  think  of  going  tiiither, 
hecarae  of  changing  my  midwife.  Then,  said 
I,  truly.  Mis.  Chamock,  any  thine  in  my 
Invae  w  at  your  service.  Said  she,  I  think  it 
eonvenioit  rather  to  be  here  than  to  go  ii)to  the 
eoQDtry  ;  but  I  do  not  desire  that  my  lord's 
lunily  should  know  that  I  intend  to  Ive-m  here, 
for  I  weuld  notinccmvenience  mv  lady's  house, 
«Dd  yet  my  lady,  it  may  be,  will  not  permit  me 
Id  go  out. 

£.  C.  J.  But,  mistress,  there  came  one  to 
your  house  from  Mrs.   Hilton's,    who  was 

Mrs.  Patten,  I  do  not  know ;  I  was  not  at 
hsme  then. 

L.  C.  J,  Did  you  not  come  home  before 
Ib^  went  away  ? 

Mrs.  Patten,  No,  Sir. 

Srij.  Jeff,  Was  that  woman  they  brought  to 
)ye-in  in  your  house,  mistress  ? 

Mrs.  Patten.  Who  (!o  you  mean,  Sir  ? 

Sen.  J^,  The  other  gentlew<mian  that  came 
with  Mrs.  Chamock  and  Mrs.  Hilton*  The 
fadv  that  spoke  just  now. 

Mrs.  Patten,  I  do  not  know ;  I  never  saw 
her  &oe  in  my  life,  that  I  know  of;  what  m^ 
hosbaml  saw  I  cannot  tell,  I  saw  her  not ;  it 
laay  be  die,  it  may  be  not,  for  any  thing  I 
know. 

L.  C.  /.  Well,  gentlemen,  have  you  done, 
viQ  you  call  any  more  witnesses  ? 

B^.  WiUiamt,  We  have  done,  unless  t)||ey 
aH  any  more. 

8e^.  J^,  We  bhall  only  cidl  a  noble  lord, 
Ay  kvd  of  Ayled>ury,  to  testify  what  he 
koowi,  being'  very  much  conversant  in  the 
JanOyy  of  the  treatment  he  ha^  observed  of  this 

L  C,  J.  That  needs  not,  for  thei  e  is  nobody 

TOt,iJiC. 


was 


estimate  of  the  thing.  He  did  own  he  bad. 
betrayed  the  fhmily,  and  brought  it  into  great 
scandal,  and  had  abused  both  father  and  mother 
by  this  ninlavrful  sdUdtation  of  their  daughter 
to  this  unworthy  wicked  affectioi^;  but  he  ex- 
cused it  all  with  the  greatness  of  his  passion, 
and  that  was  all ;  he  prayed  her  to  consider,  it 
was  a  great  and  passionate  love,  a  love  that 
he  coold  not  rssist;   he  loved  her  above  all 


179]  STATE  TRIALS,  34 CHARLES  11.  l6S2.—7K«i  4)/ ^'^*^''<y^«*^'*«'«'  U^^ 


tvomen   living,   and  many  fair  promues  of 
nraendment  and  desisting  be  made,  but  you  see 
how  he  has  performed  them.    Yon  hear  my 
lady  Arabella  tells  yoa  there  was  a  letter  writ- 
ten* by  my  lady  Harriett,  this  lady  that  appears 
]K)w  m  court  as  a  witness  for  my  lord  Grer, 
which  she  had  oat  of  her  own  band,  and  she  teils 
you  the  effect  of  it ;   it  was  to  invite  my  lord 
toother  nii^t,  as  be  had  been  with  her  a  rormer 
Might ;  and  to  shew  the  greatness  of  Jier  long- 
ing for  him,  she  desires  it  might  be  4|aick1v, 
not  ft>  stay  till  Monday,  for  if  he  did,  she  should 
be  mipfhty  impatient,  if  he  delayed  so  long ; 
and  wftbal  idie  told  him,  her  sister  Beit,  which 
J  take  to  be  my  lady  Arabella,  had  set  dis- 
cerered  h,  nor  neard  the  noise  fliat  was  be- 
tween them  that  night  they  w«re  totfetiier. 
My  lady  Lucy,  idie  tells  yon,  he  owned  there 
was  an  unlawAal  love  between  hfad  and  her 
lister,  it  must  tiecds  then  be  true,  if  he  DWti«d 
t  to  her,  and  he  said  that  it  put  him  nneii 
mighty  inconTeniencses,  and  he  owned  he  fiad 
done  so  raoch  wrong  to  the  Ihuuly,  that  he 
could  never  repair  it.    You  hear  mf  My  tells 
Von  she  forbid  him  the  ikmily ;  and  you  hear 
likewise,  what  Ir^  desi^s  ne  had,  and  what 
he  pretended  th^  he  might  eonthitle  to  oetne 
to  the  family,  if  you  believe  mv  lady.    For  he 
pretended  that  this  would  bo  tne  wair  to  make 
It  public,  if  he  were  ihrbid  the  house  altogetber ; 
bnt  be  woold  be  under  her  dlreetimi,  he  would 
do  nothing  but  what  she  shotdd  approve  of; 
that  he  would  not  apply  himself  to  her  daughter 
to  speak  to  Iier,  nor  write  to  her.    And  you 
hear  that  fbr  all  this,  he  did,  before  my  lady 
Arul)ella,  vent  a  great  deal  of  passion  for  her, 
that  she  was  the  only  person  in  the  world  he  had 
any  love  for ;  that  my  laily  Arabella  tells  you  i^ 
heard  him  say,  m  heii  he  had  seen  her  fall  down 
like  a  dead  woman.    When  he  had  made  my 
lady  a  proimif^e  that  he  would  not  oame  without 
U*»'e^  he  sends  his  own  wife  thither  first  to  heir 
that  he  might  come  down,'  and  very  earnest 
and  importunate  she  was  with  her  mother^  not 
knowing  any  thing  of  the  intrigue,  bat  was 
tnado  instmnicutal  to  get  leave  te  ctimedown. 
And  Ht  Irniyth  Irjtve  was  given  hiui  to  dine 
theiT,  as   he  ^>'t;nt  to  Sussex ;  hut  he  comes  at 
9  o'riock  at  night,  and  then  excnses  were  made 
by  him  for  it  5  any  my  k>rd  Berkeley  desiring 
him  to  stay,  who  was  not  acquainted  wi^the 
unlawful  affection  that  was  betweeil  his  daugh- 
ter and  him,  and  aocordiu<<]y  he  did  stay  till 
Haturday.     You  hear,  gentlemen,  what  is  said 
to  you  now,  as  to  her  carrying  away,  fbr  all 
that  has  been  hitherto  o!»served  to  you,  has 
been  only  to  the  UAlavvfiil  solicitation  of  this 
lady  to  unlawful  love.     My  lady  tells  you,  that 
that  very  night  that  my  lord  Gi-^y  went  from 
her  house   was  her  daughter  carrifid  away. 
\  6n  see  then,  the  question  will  be,  whether  iny 
lord  had  any  hand  in  carry  ingf  her  away,  and 
for  that  you  nmst  weiw-h  thcjjc  circumstances. 
It    is    pretty  manifriit   that  this   coachman, 
that  is,  Oharnock,  did  earry  h^r  away.     Now 
the  chaplain,  tells  you,  that  my  lord  wni  carnpst 
ill  several  dhicoiirses  that  (by  with  Charuock, 


and  uader  some  great  trouble,  he  could  diaoena 
that  in  his  oountenanoe ;  and  several  tiaMs  he 
was  sent  for  to  him,  as  thoogh  there  was  some 
mighty  earnest  business  imposed  upon  Char- 
nock  to  do.  Clraraock  made  as  though  he 
went  away,  it  seems  with  his  lord,  who  went 
away  about  4  o'clock ;  and  the  lady  was  carried 
away  m  the  moniing  between  14  ami  1)  which 
is  the  time  spoken  of.  Now  to  prove  that 
Cbamock  carried  her  away,  yoa  iiave  these 
circumstances :  She  was  brouelit  to  the  heoae 
of  Hilton,  there  waa  a  lady  brought  in  diere 
that  morning*  about  9  o^elock  by  Chamock  ; 
Cbamock  was  the  afternoon  before  going  to 
Up-Psn^  with  hia  kyrd,  but  it  is  manifest  4iat  he 
was  back  that  morning  at  London,  and  ao 
brought  the  lady  thither  that  nomiag.  If  you 
believe  Hilton,  the  witness,  it  is  manifest  she 
had  been  a  journey,  and  was  very  weary,  so 
that  ahi^was  fidn  to  go  to  bed  at  9  o'clock. 
This  tady  that  waa  there  brought  by  Chamock 
and  his  wife,  was  afierwaids  carried  to  Pattea'^s 
home,  MfB.  Hiltot^awean  it ;  and  Mr.  Fatten 
aweara  they  did  eome  in  there.  There  was  a 
great  deal  of  holler  uaed  m  the  case,  and  car^ 
taken ;  and  Mra.  nllfeoii  tells  you  why ;  thej 
taw  same  men  about  the  door,  which  the^ 
were  afraid  night  be  men  that  came  to  look 
after  the  lady,  and  ao  they  slid  away  througta 
the  badc-door,  which  proves  somethm^  in  that 
she  was  t5  be  ^Mneeated.  Then  consider  the 
cireumstances  of  the  clothes  that  do  so  exact!  j 
agree.  There  was  a  gown  with  red  and  greeil 
flowers  stripied,  and  there  was  petticoat  striped 
with  red,  and  a  white  onilted  petticoat  under 
that  the  hdy  had  on  that  came  to  Patten 'a; 
and  the  lady's  woman  who  lay  with  her  and 
looked  afVer  her,  describes  to  you  her  gowo 
and  petticoat  to  be  the  same  as  those  were  thai 
the  lady  had  on,  who  was  hurried  away  from 
Patten's  house  at  night  to  another  lodginrj^ 
Yfe  cannot  indeed  discover  where  that  was» 
Now  then,  afler  this,  my  lord  Grey,  he  und^* 
takes  to  my  lady  Berkeley,  that  *be  would  g9 
to  Up-Park,  and  stay  there  till  he  had  leavo 
to  come  to  town.  Patten  who  saw  the  lady| 
swears  this  js  the  very  lady  tibat  sits  here,  and 
who  has  been  examined,  but  denies  it  If  she 
was  the  lady  that  was  brought  to  Patten's,  she 
was  the  same  tliat  was  brought  to  Hilton's^ 
whither  Chamock  brought  her  ;  and  so  there 
is  a  full  evidence  of  the  guilt  of  Chamock  and 
his  wife,  who  was  the  solicitor  about  the  busi- 
ness, took  lodgings  for  ^er,  helped  her  away 
from  Hilton's,  and  helped  her  to  Patten's,  and 
from  Patten's  some  where  else.  So  that  if  yoa 
believe  tbero,  Chamock  and  bis  wife  are  bo^ 
ffuilty .  As  to  my  lord  Grijy,  who  w^ent  to  Up- 
Park  on  the  Wednesday,  soon  afler  he  came  tb 
town  again,  and  it  is  positively  sworn  that  he 
came  to  Jones's  upon  the  Tuesday,  and  sesft 
fbr  Jones  ont  to  come  to  him,  who  was  in  a 
hncknoy-coadi,  where  he  discoursed  with  him  a 
pretf^  while,  and  afterwards  the  room  is  pro- 
vided for  the  lady  up  two  pah*  of  stairs  in  Jones's 
house.  She  is  brought  thither,  my  lord  Grey 
came  twice  to  the  house,  and  both  times  without 


jai] STATE TBIALS,  34 Charlks  II.  i6S7^9rdA&ueking Lady  H.Berketey.  [i$t 


Ms  petiiwig,  «s  fhe  maid  swears  she  knew  him 
vefj  w^j  and  there  he  toek  lodfings  ^  a 
fady,  and  that  lady  came  after wardS.    Now  if 
this  fiiUsout  to  be  my  lord  Berkeley's  daughter 
tbeD  you  hare  it  pushed  home  upon  iny  kurd 
Grey.      That  this  was  my  k>rd  Berkeley's 
-danghilery  yen  have  diis  endenee  made  op  of 
drcamslaiiees.    EiraC,  the  mflicy  used  in  the 
case  by  my  lord,  to  have  au  so  pnrstely  ma- 
ftaeed.  Another  circtmstanoe  there  is,  though 
at  first  it  seems  hut  sfight,  yet  if  it  be  wdl  eon- 
sidered  will  signify  very  much,  and  that  is  what 
the  naid  does  testify.    6be  says  her  linen  was 
broogiit  down  to  be  washed,  and  ihere  was  a 
«iiift  that  was  veiy  remaiicable,  for  it  had  the 
body  of  one  sort  of  cloth,  and  the  sleeres  of 
SBoiher,  and  that  she  took  special  notice  of  it, 
sod  theaoe  woaM  have  eenduded  that  the 
lady  was  not  a  person  of  <]«iUty  ;  and  anoflier 
of  those  very  shiAs  that  belonged  to  my  lady 


Hanriett  was  brought  to  tier  aflerwards,  and 
«he  swears  it  was  of  thesame  fashion  and  make 
with  tiMt  which  the  lady  had  tiiat  lodged  iu 
their  iMMne ;  and  it  was,  as  aH  do  agree,  just 
4nilie  same  manner  as  this  was,  with  the  fclody 
of  one  doth  and  llie  sleeres  of  another.  Then, 
there  is  colonel  Fitz-Gerrard  was  in  those  Yery 
lodgiDes  at  Hiat  time ;  and  he  comes  and  tells 
yon,  ^at  having  heard  of  my  lord  Berkeley's 
daughter's  departure  from  herfatber,  and  coa- 
odenz^the  cireumstances  that  he  had  heai'd 
the  maid  say  that  it  waCs  my  h>rd  Prey's  mis- 
tress that  was  broughtin  thrther,  and  such  other 
drcomstaao^s  concurring,  he  did  condnde  this 
Is  be  ^be  ladv,  and  be  tens  Jones  his  suspicions 
concerning  it  (whose  wife  was  by  the  way  so 
very  officious  to  conceal  the  lady,  that  she 
would  not  snfier  her  maids  to  come  up  stairs, 
but  would  rs^er  shut  np  the  shop-nindows 
herself,  than  the  maids  shonld  come  to  see 
her.)  Mr.  Jimes  b«rin^  discourse  with  the  oo- 
Isaei  aboot  this,  and  iioding  the  lady  was 
smoked,  was  amrry  at  the  c^onePs  curiosi^ 
which  increased  the  ctrfonel's  suspicion.    He 
tali  Jones,  this  must  needs  be  the  lady,  and  3 
wiB  see  her.    Which  he  very  much  fearing,  in- 
Healed  him  ttot'to  disturb  the  house  at  that  time 
of  night,  and  upon  pomise  tolet  him  see  her  the 
QcstnwuDgjlie  desisted;  but  told  him,  he 
knew  not  what  be  was  doing,  he  did  a  very  ill 
tfaiogto  conceal  a  yonng  lady  from  her  friends ; 
hcrnther  and  mother  not  knowing  where  she 
was,  nuight  give  her  ^rer  for  dead.     But  in  the 
aomiDgtfae lady  was  conreyed  away.    This, 
Id  me  is  m  idirewd  circnmstance  that  Jones  knew 
her  fo  be  the  iady,  and  to  conceal  all  the 
Mter,  got  so  much  titbe  to  send  her  away. 
1*0  wl^t  pnrpose  else  was  she  carried  away, 
when  the  colonel  was  to  see  her,  that  he  might 
be  ntisfied  about  his  suspicion,  and  so  acquaint 
herfttherf  But  she  was  conveyed  away  pre- 
smdy.  Oendenaen  it  is  mantfest  by  all  the 
witiKSies,  nnd  by  ^hat  the  defendants  coun- 
sel theoMciTes  opened,  that  umler  this  ab- 
sence^ the  lady  from  her^ber,  he  had  an 
imercourse  of  liters  with  her,  which  is  a  great 
ciiBaiDfllaiiee  to  prove  that  she  was  .caiTied  i 


away  by  kis  contrivance.  He  couUl  tell  the  lady 
Lncyy^hatshe  should  never  be  bi*ought  back 
again,  without  he  might  have  leave  to  visit 
her.    So  that,  it  seems,  he  had  full  po^er  over 
hear.    There  is  another  gentleman,  who  has 
told  yon  he  wassetas  ai^y  over  him  ;  and  if 
you  believe  htm,  my  lord  Grey  has  made  a 
confession  to  him  as  he  would  to  his  ghostly  fa- 
ther ;  he  has  told  you  the  intrigue  of  all  his 
unlawful  love,  from  the  beginning  to  the  end  ; 
how  long  he  was  engaged  in  it  before  he  had 
any  comibrt  I'rom  the  lady,  when  he  had  the 
finst  demonstratioa  of  kindness  from  her,  and 
the  ii4iole  matter  all  along.    There  is  another 
gentleman  that  was  sent  to  treat  with  my  lord 
(Mr.  Smith)  concerning  this ;  he  tells  you  my 
Iprd  Grey  and  he  being  in  a  long  discourse,  he 
oflered  that  he  would  «li  ver  her  to  one  person^ 
but  not  to  another ;  She  should  be  first  sent  to 
his  bcother-^n-law,  Jfr.  Nevil's  in  Berk^ire  ; 


afterwards  to  another  place,  Mr.  Petit's,  so  as 
he  might  have  access  to  her ;  but  he  tells  you 
also,  this  was  the  conclusion  of  all,  he  would 
never  part  with  her,  nor  never  deliver  her, 
upon  any  other  terms,  than  that  he  mis^ht  have 
access  to  her  whenever  he  would.     Now  lay 
all  this  together,  and  see  what  it  amounts  to. 
He  that  had  so  great  a  passion  for  her,  he  that 
could  not  be  without  a  sight  of  her,  but  used 
such  ways  to  come  to  speak  to  her ;  he  that 
had  letters  from  her  all  along ;  he  that  liad 
such  power  over  her,  that  he  could  deliver  her, 
as  he  said,  or  tfDt,  and  would  keep  her  in  spite 
of  her  fiither,  unless  he  might  have  leave  to 
visit  her  as  often  as  he  pleased  ;  and  consider 
then  i  say  whether  it  is  not  more  probable,  that 
he  had  a  hand  in  carry in^f  her  away.     It  is 
plain,  beyond  all  contradiction,  she  wascaiTied 
away  by  his  man,  who  was  in  his  company  that 
night ;  he  pretended  to  go  to  Up-park,  but  wa* 
in  London  the  next  morning  by  nine  o'clock. 
Mylonlcame  aiVerr/ards  to  take  lodgiugs  lor 
her,  two  days  one  afVer  another.  Whether  then 
he  be  not  as  guilty  as  Charnock,  or  Rny^f  the 
rest,  nay,  inmd,  the  main  mover  or  this  ill 
thin^,  you  are  to  consider  upon  the  evidence 
thatlias  been  given.    Biut  you  must,  withal, 
take  into  your  consideration,  what  tny   lord 
Orey  says  lor  himself.    He  ariced  several  ques- 
tions of  the  ladi^  that  were  examined,  but 
truly  never  a  one  worth  the  remembering,  that 
I  know  of,  or  that  made  to  his  purpose.    He 
does  indeed  pretend  that  the  young  lady  was 
hardly  used  at  bosM,  end  that  she  ned  to  him 
as  to  a  sanctuary  for  protection ;  and  you  hear 
the  several  witnesses  examined  to  that  point ; 
and  ibey  all  say  she  was  used,  notwithstanding 
the  discovery  of  ^s  ill  business,  with  the  great- 
est kindnesa  and  respect  that  a  child  couhl  be 
used  with  by  her  mother,  and  no  hardship  put 
upon  her  but  only  she  was  forbid  to  write  any 
letters  to  my  lord  Grey,  and  had  a  maid  put 
upon  her  to  keep  her  from  running  away,  be- 
cause once  berore  she  attempted  it,  4U3  her 
mother  did  believe.    The  lady  berselt  is  bere» 
she  has  been  examined  ;  she  indeed  denies  this 
all  along ;  she  says  that  this  coach-man  Char* 


163]  STATE  TRIALS,  34CflAmLSsII.  \€s%r^THalcf  lAn'dGrejfandoiheri,[%B^ 


nock  diil  not  cany  her  away  ;  she  says  she  was  i 
not  at  Hilton's,  nor  at  Patten's,  nor  ai  Jones's ;  ■ 
that  she  never  see  my  lord  Grey  till  a  long  time 
aAer  she  went  from  her  fatberV    But  this  is 
all  disproved  by  the  other  witnesses;  and  so 
whether  you  will  believe  her  single  testimony, 
or  their's,  I  must  leave  it  to  you.  You  must 
iMnslder  under  what  circumstances  she  is,  and 
traly  she  doth  not  seem  to  be  any  way  fit  to  be 
betieyed  in  this  matter.    Jones  and  his  wife 
are  as  guilty  as  any  of  the  rest,  for  their  con-  I 
trivance  to  keep  her  secret,  especially  after  that 
be  had  promised  Fitzgerrard  to  letlum  see  her. 
Look  you,  as  to  the  long  discourse  my  lord 
Grey  made,  I  must  tell  you,  it  is  not  to  he  be- 
lieved further  than  it  is  proved.  Now  my  lord 
Grey  did  tell  us,  that  he  irom  time  to  time  had 
given  caution  to  my  lady,  that  she  should  look 
to  her  daughter,  and  lock  her  up,  for  else  she 
would,  as  he  believed,  mn  away.    My  lady 
denies  it  all,  and  so  it  goS-all  for  nothing,  and 
^ou  are  to  take  no  notice  of  it  I  must  U«ye  it 
to  you  whether  you  do  believe  whi^  these  wit- 
nesses have  sworn,  if  you  do  believe  the  evi- 
dence produced  for  tlie  king,  most  certainly 
they  are  all  five  guilty  of  the  chaige  in  the 
information. 

Just  Doiben,  There  is  no  evidence  against 
Rebecca  Jones. 
X.  C.  J.  No,  thete  is  not. 
Sen.  Jeferiet,  No,  we  cannot  insist  upon  it 
that  there  b,  you  must  find  her  not  guiky . 

Just.  Jonet.  1  must  remember  you  of  6ne 
^hing,  gentlemen,  and  that  is,  what  dropped 
frommv  lord  Grey's  own  mouth,  that  when 
my  lonf,  as  he  says,  g^ve  his  advice  that  she  | 
should  be  looked  ailer  carefully,  he  would  not 
give  his  reason  for  it,  but  atler  he  di(i,  as  he 
says,  tell  it  my  lady  Lucy,  that  she  complained 
rto  him  at  St  John's,  that  she  led  the  liie  of  a 
dog,  or  a  slave,  and  she  would  not  endure  it 
any  longer,  imd  desired  him  to  assist  her,  or 
she  would  do  herself  a  mischief.  Why  was  not 
this  told  before  f 

L,  C.  J.  Ay,  hot  brother,  my  lady  Berkeley 
denies  it  all  too. 

[Then  the  jury  began  to  withdraw.] 

Earl  pf  Berkeley.  My  lord  chief  justice,  I 
j^ire  I  may  haye  my  daughter  delivered  to 
me  agaip. 

L,  C.  J.  My  lord  Berkeley  must  have  his 
daughter  again.  • 

IMy  Henrietta^  I  will  not  go  to  my  fiUher 

Just.  Dotben,  My  k)rd,  she  being  now  in 
court,  and  there  bemg  a  Homine  replegiando 
l^inst  my  lord  Grey,  for  her,  upon  wluch  he 
was  committeil,  we  must  now  examine  her. 
Are  you  under  any  custody  or  lestraint, 
Jttailaw  ? 

Lady  Henrietta,  Nq,  my  lord,  I  ao[i  not 

X.  C.  /.  Then  we  cannot  deny  my  lord 
pprke.ey  the  custody  of  his  own  daughter. 

Lady  Henrietta,  My  lord,  I  am  married. 

X.  C.  J.  To  whom  ? 

IMj  Henrietta,  To  J|r,  Turner. 


L.C.J.  WhatTumerr  Whereisbe? 
Lady  Henrietta,  He  is  here  in  court. 

£He  being  among  the  crowds  ^'ay  was  made 
for  him  to  come  ip,  and  he  stood  by  the  lady 
and  the  judges.] 

X.  C.  X  Let's  see  him  that  has  manied  yon. 
Are  you  mapied  to  this  lady  f 
w.  I^tmer.  Yes,  I  am  so,  ipy  lord. 
X.  C.  J.  What  are  you  P 
Mr.  Turner,  i  am  a  gentlenian. 
X.  C.  /.  Where  do  you  live  ? 
Mr.  Turner.  Sometmies  in  town,  sometioiec 
in  the  country.    , 

X.  C.  X  iVhere  do  you  live  when  you  are  in 
the  country  ? 
Mr.  Turner.  Sometimes  in  Somersetshire 
Just  Dolben,  He  is,  I  believe,  the  son  of 
sir  WiUiam  Turner  that  was  the  advocate,  lie 
is  a  little  like  him. 

Serj.  Jefferiei,  Ay,  we  aD  know  Mr.  Tumor 
well  enough.  And  to  satisfy  you  this  is  all  a 
part  of  the  same  design,  and  one  of  the  foidcat 
practices  that  eyer  was  used,  we  shall  proye  he 
was  married  to  another  person  before,  that  ia 
now  alive,  and  has  children  by  him. 

Mr.  Turner.  Ay,  do,  sir  George,  if  you  cao, 
tor  there  never  was  any  such  thmg. 

Seg.  Jejferiet.  Pray,  Sir,  did  not  vou  liye  at 
Bromley  with  a  woman  as  man  and  wife,  and 
had  divers  children,  and  living  so  intimately 
were  you  not  questioned  for  it,  and  you  and 
she  owned  yourselves  to  be  man  and  wife  ? 

Mr.  Turner.    My  lord,   there  is   no  snch 
thing  ;  but  this  is  my  wife  I  do  acknowledge. 
Att.  Gen.  We  pray,  my  lord,  that  he  may 
have  his  oath. 

Mr.  Turner.  My  lord,  here  are  the  wit- 
nesses ready  to  prove  it  that  were  by. 

Earl  of  Berkeley.  Truly  as  to  that,  to 
examine  this  matter  by  witnesses,  I  cwiceiye 
this  Court,  tliough  it  m  a  great  Court,  yet  baa 
not  the  ci^nizance  of  marriages :  and  though 
here  be  a  pretence  of  a  marriage,  yet  I  kn6vr 
you  will  not  determine  it,  bow  ready  soever  be 
be  to  make  it  out  by  witnesses,  but  1  desire 
shenuu'  be  delivered  up  to  me,  her  father^ 
and  let  him  take  his  remedy. 

L.C.J.  I  see  no  reason  but  my  lord  may 
take  his  daughter^ 

Eail  of  Berkeley.  I  desire  the  Court  will 
deliver  her  to  me. 

Just  Dolben.  My  lord,  we  cannot  dispose  of 
any  other  man's  wife,  and  tliey  say  they  are 
inarried.    We  have  nothioe  to  do  in  it 

X.  C.  X  My  lord  Beikdey,  your  daughter 
is  free  lor  you  to  take  her;  as  for  Mr.Turoer^ 
if  he  thiolu  he  has  any  right  to  the  lady,  let 
him  take  his  course.  Are  you  at  tiberty  and 
under  uo  restraint  P 

Lady  Henrietta.  I  will  go  with  my  husband. 
Earl  of  Berkeley.  Uussey,  you  shall  go 
with  me  home. 
Lady  Henrietta.,  I  will  go  with  my  husbaud, 
Eariof  Berkeley.  Hussey,  you  shall  go  with 
me,  I  say. 
Lady  Ucnrietta,  I  will  go  with  my  hi^|)iMkd^ 


185]  STATE  TRIALS,  34CaARULSlI.  \6H^^§rd(imu:kimgtttdyH.Birkdeg.[l^ 

JmAj  Henrietta.  I  w31  go  with  my  hOB- 
band. 

Eaii  «f  Berkeley,  Then  all  that  are  my 
inends  seize  her  I  charae  you. 

X.  C  J.  Nay,  let  us  have  no  hreakiug'  of  the 
peace  in  the  Court.  But,  jmy  lord  Cayendisb, 
the  Court  doea  perceire.  3rou  have  appre- 
hended youraelf  to  be  afironted  by  that  gf entle- 
man  Mr.  Craven's  naming  jpu  in  his  evi- 
dence ;  and  taking  notice  ot  it,  they  think  fit 
to  let  ymi  know,  that  they  expect  you  should 
nof  think  of  righting  yourself,  as  they  have 
some  thoughts  you  may  intend.  And  there- 
fore you  must  lay  aside  any  such  thoughts  of 
any  such  satisfacSuon.  You  would  do  yoursdf 
more  wrong  by  attempting  to  right  yourself  in 
any  such  way. 

Lord  CuvewUsh.  My  lord,  I  am  satisfied 
that  your  lordship  does  think  it  was  imperti- 
nently spoken  by  him,  and  shall  not  concern 
myself  any  further,  but  only  desire  that  the 
Court  would  give  him  some  reproof  for  it. 

Then  the  Court  broke  up,  and  passings 
through  the  hall  there  was  a  great  scuffle 
about  the  lady,  and  swords  drawn  on  both 
sides,  but  my  Im  chief  justice  coming  by,  or- 
dered the  tipstaff  that  attended  him  (who  had 
formerly  a  warrant  to  search  for  her  and  take 
her  into  custody)  to  take  charge  of  her,  and 
carry  her  over  to  the  King's-boich  ;  and  Mr. 
Turner  asking  if  he  should  be  committed  too, 
the  chief  justice  told  him,  he  might  go  widi 
her  if  he  would,  which  he  did,  and  as  it  is  re- 
ported, they  hiy  together  that  night  in  the 
Marshal's-house,  and  she  was  relei^  out  of 
prison,  by  order  of  the  Court,  the  last  day  of 
the  term. 


Mr.  WUUama.  Now  the  lady  is  here,  I  sup- 
pose my  lord  Grey  must  be  disdiarged  of  his 
BBprisoiiineDt. 

sen.  J^me».  No,  my  lord,  we  pray  he 
ma?  be  continaed  in  custody. 

L.  C.  J.  Hofw  can  we  do  that,  brother,  the 
commitmeBt  upon  the  Writ  De  Homine  Reple- 
giando  ia  but  &1  the  body  be  pindooed,  and 
here  she  is,  and  says,  she  is  under  no  re- 
strainl. 

Sesg.  Jefferiei.  My  lord,  if  yon  please  to 
lake  a  littie  time'to  oonsid^  of  it,  we  hope  we 
may  aatisly  yon  that  he  ought  still  to  he  in 
curtody. 

X.  C.  J.  That  you  can  never  jlo,  brother. 

Serj.  Je^^rtes.  But  your  lordship  sees  upon 
the  pitxiD  to  day,  this  is  a  cause  of  an  extra- 
wdinary  ibul  nature,  and  what  verdict  the  jury 
may  give  upon  it  we  do  not  know. 

Att,  Gen.  The  truth  of  it  is,  we  would  have 
my  kivd  Grey  forth-coming,  in  case  he  should 
be  couricted,  to  receive  the  judgment  of  the 
Court. 

X.  C.  J.  Yon  cannot  have  ju^^fment  this 
lens,  Mr.  Attorney,  that  is  to  be  sure,  for  there 
are  not  ibur  days  left.  And  my  lord  Grey  is 
to  be  found  to  lie  sure,  there  never  yet,  before 
this,  was  any  thin&f  that  reflected  upon  him, 
tboQirh  this,  indeed  is  too  much  and  too  black 


if  hebeffuilty. 

Joflt.I>o/^.  Brother,  you  do  ill  to  press  us 
to  what  cannot  be  <lone ;  we,  it  may  be,  went 
Xnrther  than  ordinary  in  what  we  did,  in  com- 
mitting him,  being  a  peer,  but  we  did  it  to  get 
tbe  young  lady  at  liberty ;  here  she  now  ap- 
peals, and  says  she  is  under  no  restraint ; 
what  shall  we  do  ?  She  is  properly  the  plain- 
tiifin  the  Homine  Repl^iando,  and  must  de- 
clare, if  she  please,  but  we  cannot  detain  him  in 
custody. 

X.  C.  J.  My  lord  shall  g^ve  security  to  an- 
swer her  suit  upon  the  Homine  Replegiando. 
Mr.  Williams,  We  will  do  it  imme<uately. 
X.  C  J.   We  did,  when  it  was  moved  the 
other  day  by  my  brother  Maynard,  who  toM 
OB  of  ancient  precedents,  promise  to  look  into 
them,  and  when  we  did  so,  we  found  them  to 
be  as  much  to  the  purpose,  as  if  he  had  cast 
his  cap  into  the  air,  they  signified  nothing  at  1 
all  to  his  point    But  we  did  then  tell  hihi 
(as  we  did  at  fost  tdl  my  lord  so)  if  he  did 
•  produce  the  lady,  we  would  immediately  bail 
bim.     And  she  being[  now  produced,  we  are 
bound  by  law  to  bail  nun.    Take  his  bail. 

[And  accordingly  he  was  bailed  at  the  suit  of 
the  lady  Henrietta  Berkeley,  by  Mr.  Forrester, 
and  BIr.  Thomas  Wharton.] 

EarlofBer^%.  My  lord,  I  desire  I  may 
bare  my  daughter  M;ain. 

X.  C.  X  My  kwa,  we  do  not  hinder  you, 
jou  may  take  ber. 


On  the  morning  after  the  trial,  being  Friday 
the  24th  of  November,  the  jury  that  tried  the 
cause,  havinff  (as  is  usual  in  all  cases  not 
capital  tried  at  the  bar,  where  the  Court  do 
not  sit  long  enough  to  take  the  verdict)  given 
in  a  private  vermct  the  evening  before,  at  a 
judge's  chamber,  and  being  now  called  over, 
all  appeared,  and  being  askra  if  they  did  abide 
by  the  verdict  that  they  ^ve  the  night  before, 
they  answered,  yes ;  which  was  read  by  the 
clerK  of  the  crown  to  be,  that  all  the  defendants 
were  godty  of  the  matters  charged  in  the  in- 
formation, except  Rebecca  Jones,  who  was  not 
guilty ;  which  verdict  beinsf  recorded,  was  ^ 
commended  by  the  Court  and  the  king's  coun- 
sel, and  the  iury  discharged. 

But  in  the  next  vacation  the  matter  was 
compromised,  aod  so  no  judgment  was  ever 
prayed,  or  entered  upon  record,  but  Mr.  At-i 
totney  General  was  pleased,  before  the  next 
Hilary-Term,  to  enter  a  Noli  Prosequi  as  tci 
all  the  defendlants.* 

♦  8ee  the  next  Case. 


1 87]    STATE  nUALS,  S5  CHAKlss  II.  l€S3.—TruU  of  Uiamst  PiJkingt^n,  [i  D^ 


291.  The  Trial  of  Thomas  Pilkington,*  esq.  Samuel  Shute, 
esq.  Sheriffs,  HfiNar  Cornish,!  Alderman,  Ford  Lord  Grey 
of  Werk,  Sir  Thomas  Player,  knt.  Chamberlain  of  London, 
Slingsbf  B£tu£L,:{;  esq.  Francois  Jj!:nk.8,||  John  Deagx.^:, 
Richard  Freeman,  Richard  Good£nough,4  Robert  Kkv, 
John  Wic^cham,  Samuel  Swinock,  John  jekyll.  Senior, 
at  Nisi  Prius  at  the  Guildhall  of  London,  for  a  Riot,  and  an 
Assault  and  Battciy  on  Sir  John  Moore,  then  Lord  Mayor : 
35  Charles  IL  a.d.  1683. 

the  traDsactions,  howerer  limited  witibm  the 
liberties  of  the  city,  which  was  bnt  a  pii« 
vate  capacity,  yet,  consequently,  iheyim- 
prored  to  a  grand  crisis  of  state,  and  hinged 
aboat  the  whole  ma^ne  of  king  Charles  2*8 
government,  from  *  &  poStwre  of  jpreat  uncer- 
tainty, trouble,  ^^d  hazard  ox  the  public 
pubhc  peace,  to  a  complete  settlement  of 
him  and  hia  authority  in  a  shining  serenity 
and  peace.  And  this  tranquillity,  to  the  utter 
confosion  of  the  adFei:se  party,  continued, 
with  little  shew  of  chanee,  till  that  immense 
and  dolor ious  loss  by  nis  demise,  when  the 
sluice-gates  of  change  opened  :  But  those 
affairs  are  beyond  the  limits  of  my  luider- 
taking  to  account  for.  But,  as  I  said  before, 
little  remains  above  ground  to  noti^.  these 
brigues,  that  had  audi  monstrous  effect,  to 
posterity  ;  and,  like  the  items  of  Gates's 
plot,  are^  as  the  acts  of  the  heroes  of 
antiquity,  turned    into    fable,    as   it 


{lloger  North  writes  thus  as  to  the  contests  re 
specatbg  the  elections  of  Sherifis  of  London 
out  of  which  this  case  arose  : 

<<  I  intend  now  to  present  a  denouement  of  af- 
fairs, a  new  turn,  which  happened  upon  cer- 
tain rectifications,  brougiit  about  in  the  city 
^  London  in  the  year  1682  ;  and  began  in 
gaining  the .  election  of  sir  John  Moore  for 
lord  mayor,  and  was  followed  by  the  sp- 
polntment  of  sir  Dudley  North  and  sir 
Feter  Rich  for  sherifis,  whereupon  Igno- 
ramus vanished  :  Bnt  all  this  was  not  done 
without  immense  concussions  and  noise,  that 
affected  not  only  the  city  of  London,  and  the 
countries  thereabouts,  but,  in  great  nieasui:e, 
all  England  besides.  The  author  hath  given 
nothing  considerable  of  this  whole  matter, 
whereby  any  thing  of  it  may  be  understood  ; 
.  but  only  some  snatches  of  nicts,  either  mis- 
taken or  false,  which  serve  in  the  quality  of 
mishapen  vehicles  of  his  base  detraction. 
I  have  iiideed  wondered  oflcn  that,  among 
the  many  books,  of  one  sort  or  other,  that 
have  come  out,  whereof  some,  as  this  au- 
thor, pretend  to  be  historical,  and  even  of 
those  very  times,  yet  none  have  oflered  at 
a  clear  ration  ef  these  city  doings ;  al- 

'  tiiongh  the  importanoe  of  them,  to  the  pub- 
lic, was  great ;  and  they  were  full  of  strange 
turns  and  «urprises,  such  as,  I  think,  none, 
Imt  the  Englisn  -stage,  could  present.    For 

*  From  a  painphlet,  entitled,  "  The  Triid 
« of  Tbo.  Pilkington,  esj.  CbmudSfaule^  esq. 

*  nheriffs ;   Henry  Csmish   alderman ;    Ford 

*  Lord  Grey,  ef  Werk;  mt  Tho.  flayer,  knt. 

*  ohamberlain  of  London ;  SHtngsby  Bethel, 
'  <8q. ;  Francis  Jenkc,  John  Dewe,  Richard 
<  Fi»eemAn,Riohaid€roadenofij^h,llobertKey, 

*  John  Wickham,  Sawuel  Swinock,  and  John 
« Jekyll,  an.  fbr  the  Riot  at  Guildhall,  4>n 
^MidsuiiiiDer-day,  1689.  Being  the  day  for 
'•election  «f  shcrifls  for  the  year  ensniitf. 
«  Londan :  Printed  for  Thorans  Dring,  at  the 

*  Hairaw,  at  the  corner  of  Chanoery^lane  end, 

*  in  Fleet-street;  1683.' " 

•«  May  11, 1688.  I  do  appoint  Tho.  Dring 
« to  print  this  trial,  and  that  no  other 
**  person  presume  to  print  the  same. 

«*  EUM.  Saunoers." 
See  1  Burnet's  (hvn  Times,  535.    Pilkington 
was  afterwards  Lord  Mayor  for  two  yean  to- 
geOier,  1689, 1690. 


were. 


or   notliing.    And  therefore    I    take  faints 
from   the    author  to  revive  here  what  can 
be   recollected    of  them  by  one  who,    in 
those  days,    attended    close  at   all  public 
agitations  of  the  time,  and  of  these  move^ 
ments  more  especially. 
"  Very  much  dependea   on  the  character  ot 
that  single  citizen,  sir  John  Moore.     He 
was  a  person  very  grave,  and  of  a  retired 
and  virdious  course  of  life;    conformable, 
— ^'■■'»^— ^— «»■»— ^»— .^»— ^^— — — — ^^~.— —      ■  ■     »^-^.«»— 
t  Sea  his  Case  for  High  Treason,  a.  d.  1685 » 
post, 

t  See  his  Case,  vol.  8,  p.  747,  of  this  Col- 
lection. 

II  See  his  Case,  a.d.  1676,  vol.  6,  p.  U90p 
of  this  Collection. 

$  In  N.  Luttrell^  M8.    ^  Brief  Historical 
Relation,"  Sec.  in  thelibrary  of  All  Soiris' Col- 
lege, Qxiford,  the  tbllowing  account  is  civen  of 
a  remarkaUa  exercise  upon  this  Gootmoiufli 
of  the  power  of  commitmeHt,  as  it  seems,  f^r 
contempt:  '<  The  4th  September,  16812,   the 
sessk>ns  hegan  at  Hkdcs^-inril,  for  the  county 
of  Middlesex,  when  4he  ^ry  fonnd   several 
bills ;  and  upon  comjdaint  against  Mr.  Good- 
enough,  the  under-sheriff,  for  ftot  providing  % 
dinner  for  their  worships,  the  justices  com- 
mitted him  to  prison  denying  bail." 

Of  this  Goodenougb,  see  more  in  the  report 
of  the  Trial  of  Cornish,  for  High  Treason,  a.  d. 
1685,  in  this  Collection. 


♦ 


199]       STATE  TRIALS,  35  Chahlbs  II.  l6S3.*-«uf  othenji^  a  Jttat.       [190 

did  not  aifect  the  retarn  of  juries,  w^ich  was 
their  palladium  ;  therefore  they  <Ud  not 
unite  as  one  to '  exclude  liini,  as  tliej-  did  to 
cany  the  choice  for  sherifis ;  else  (as  was 
seenjn  that  case)  he  could  nerer  have  been 
chosen.  And,  if  ther  had  had  a  magica( 
intuition  that  air  Jonn  Moore  had  been  ca-* 
pable  of  acting  against  them  as  he  did,  tltej 
na(f  ibuglit  at  the  choice  as  high  against 
him,  as  ever  they  did  asfainst  any  other.  I 
cannot  but  reflect  on  rae  vanity  of  craft  ia 
afTairs  of  the  public,  liable  to  strange  un« 
foreseen  turns,  and  derived  upon  tne  least 
accidents  that  gire  a  start  to  them.  For 
here  the  singnkr  character  of  this  good 
man,  which  had'  not  its  like  perhaps  in  all 
the  three  kingdoms,  coming  on  by  a  sort  of 
contingent,  under  which  the  faction  was  not 
alarmed,  and  the  loytdists  had  but  iain.t 
hopes,  produced  an  exquisite  opposition  to 
the  party,  and,  in  the  end,  deprived  them  of 
their  fortress  «yf  the  sherifTs  office,  and  laid 
them  open,  in  London  and  Middlesex,  to  the 
ereat  and  small  i^iot  of  the  law,  for  their 
daring  unguarded  misdeeds ;  than  which  no- 
thing could  have  happened  more  fatal  to  the 
whole  ordonnance  and  strength  of  thefadion  : 
The  steps  and  manner  of  which  erent  to  ex- 

n,  is  the  bnsinesB  of  what  foIlowB. 
»(h  been  before  observed  that  the  best, 
and,  gencndly,  most  substantial  of  the  citi- 
sens,  whom  the  author  honours  with  the  title 
•  of  the  Court  Part^,  were  much  concerned  at 
the  disorder  tile  city  was  in ;  whereof  almost 
the  whole  amhority  and  justice  was  fkHeo 
into  the  hands  of  a  party,  and  the  very  exte- 
rior ooontenmee  of^  the  city  was  altered  for 
the  worse/  All  the  feattmg  and  common 
gtiod  feilowriiip  of  the  neighbourhood  Biid 
aside ;  and,  in  ooflfee-houses  and  comers  of 
the  streets,  continoal  debates  about  party 
makittt^  and  party  working,  and  not  seldom 
right  down  scoldmc  and  ouarrelmg.  lliia 
eager  contention  shewed  tnere  was  a  good 
body  of  citisens,  that  hod  ffood  hearts  and 
spirits,  and  who  would  readily  join  in  any 
reasonable  methods,  as  might  be  found,  to 
i^estore  the  ancient  order  and  course  of  Hying 
in  the  city.  And  this  'party,  among  th^ 
better  sort,  was  observed  to  encrease  in  num- 
bers, diligence  and  application,  by  their  rea- 
soning with  the  Kvery  mep,  modeititing 
them,  if  possible,  to  comply  somewhat  with 
the  government,  and  not  always  to  make 
scandalous  elections  of  sheriffs,  as  they  had 
lately  done ;  minding  them  of  the  peace  and 
vast  trade  they  had  had,  and  stiu  enjoyed 
under  the  govemn^ent,  and  that  such  into- 
lerable oppositions  jnust,  at  length,  come  to  a 
rupture  and  lose  all.  So  the  peaceable  citi- 
zens to  those  who  perpetualfy  raved  about 
with  the  words  «  Popery,  French,  and  ar- 
*  bitrary  Power'  flammg  out  at  their  mouths. 
On  the  other  side,  the  court  and  tbeif  friends 
were  not  idle ;  but  very  many  of  them  came 
and  kept  company  with  the  friendly  citizens, 
encouraging  and  countenaBcmg  them.    Th« 


ooDdlaiit  St  chvroh,  of  loyal  prjndples, 
and  T«rT  jnataad'honest  in  all  his  dealings ; 
all  which  his  very  enemies  coirid  not  deny : 
ilnd  aWioagh  all  the  factions  party  would 
have  made  him  their  property,  yet  few 
intended  him,  personally,  any  harm.  He 
was  hynalnre,  not  only  careinl,  but  also 
▼eiy  learfiil  of  consequences  ;  but,  being 
once  satisfied  of  the  justice  in  what  con- 
cerned him  to  do,  he  wanted  no  resolution 
or  eovrage  to  perform  it.  f  n  the  mean  time, 
hv  bein^  suspicious,  dubious,  caiiteious,  and 
not  soon  determined,  but  hesitatory  on  unusual 

•   oceiirrencea  iu  his  office,  madt^nim  pass  for 
a  person  timidous,  and  oSl  a  fidtle  and  iire- 
aolute  temper  ;  otherwise  he  had  not  been 
mayor   at  that  time,  as   will   be   shewed. 
He  was  forward  in  nothing,  and,  being  sen- 
sible of  his  soft  unsteady  elocution,  inclined 
to  silence:    but  his  behavioar  was  always 
modest   and  respectful  to  all,  and,  by  his 
wonfe  or  carnage,  offemling  none,  but  to  his 
hetiers  extreme  submiss.     His  oithnary  dis- 
course, as  well  as  bis  countenance,  was  fahit, 
and  tended    to  dejection,  so  as  one  would 
think  he  always  desponded  ;  and  that  made 
folks  apt  to  guess  he  bad  no  firmness  or  re- 
adiition  at  the  bottom,  or  at  least  not  snch  as 
waAi  sustain  him  upright  under  difficulties. 
Ml  which    made    it  wonderful  that,  in  so 
IHrooblesome  a  mayoralty,  as  he  had,  and, 
-aAerwards,  imder  a  more  troublesome  inqui- 
«tioa  that  fell  upon  him,  of  which  in  due 
thne,  he  should  cairy  himself  with  snch  finn- 
aeas  and  iwtseverance,  in  all  the  substantial 
poinis  of  his  difficulties,  as  he  did.  Whereby 
at  wn  plain  tiiat  he  carried  inhismindade- 
tenninatxoD,  that  neither  public  nor  private 
shonld  snffin-  through  hnn,  whatever  men 
might  tiiink  to  extort  from  him,  or  whatever 
ahottld  happen  to  himself.    Which  diaraeter 
wt»  cut  out  for  this  time  and  public  occa- 
sion ;   for   nothing   but   such  firmness  of 
mind  and  manifest  goodness,  with  a  seeming 
nassrre  disposition,  could  have  protected  him 
iW>m  those  rages  of  violence  as  very  often 
threatened   him :    Which,    probaUy,    bad 
broke  loose  npon  any  one,  in  his  post,  that 
had  carried  matters  with  a  stem  and  inina- 
toTj  behaviour. 

♦*  The  loyal  citizens,  knowing  this  person  to  lje 
ajostman,  and  one  wKo  would  not  combine 
with  faction,  and  having  a  view  ^  some  use 
to  be  made  of  such  a  one  finr  setting  the  af- 
feirs  of  the  city  right,  applied  themselves  so 
efiectnally  that  they  carried  the  election  of 
lord  mayor  for  him.  This  was  some  sur- 
prtte  to  the  factious  party,  though  they  did 
not  tbhik  his  election  of'^any  mighty  con- 
K^pxence  ta  them  ;  and,  his  course  being 
next,  mnnv  thought  it  not  reasonable,  nor 
Creditafole  in  the  city,  to  pnt  him  by  ;  and 
they  looked  upon  him  as  one  who,  by  terrors 
fin  which  the  fhction  traded  much  in  tbo% 
oays)  if  be  had  been,  as  they  thought  he 
was  not,  very  avei-se  to  them,  might  be 
irroDgfat  into  any  measures.    And  his  office 

3 


191]    STATE  TRIALS,  35CHABL£sn.  1663.— Trio/ q 

good  'effects  of  this  interooune  juid  oooTer- 

MtioD  appoared  first  in  settlings  the  point  of 

air  John  Moore^  and,  after  that,  in  briDging 

Ibrward,  by  his  means,  what  the  citizens 

had  lonjBf  thought  of  ta  set  up,  the  custom  of 

appointing  one  sheriff  by  a  ceremony  called 

*  my  Lord  Mayor's  drinking ;'  leavmg  the 

other  sheriff,  as  the  custom  was,  to  the  com- 
mon hall.    For  if  one  g^ood  sheriff  were 

gained,  they  did  not  fear  what  hurt  the  other 

alone  could  do ;  for  both  sheriffs  made  but  one 

officer. 
**  This  custom,  of  my  lord-mayor's  designing 

one  of  the  sheriffs  oy  drinking,  is  very  sin- 
gular, and  seems  to  be  a  jocular,  rather  than, 

as  it  was,  a  solemn  proceeding.    And,  ac- 
cording to  the  ancietat  constitution  of  the  city, 

it  was  a  most  reconciling  expedient ;  without 

which,  or  somewhat  else  of  like  efficacy, 

the  government  of  it  anciently  could  not  haye 
*    been  carried  on.    And,  unless  I  give  some 

dear  declaration  of  the  nature  and  use  of  this 

custom,  the  justice  of  the  controversy,  that 

fell  oat  about  it,  cannot  be  weU  understoiM]. 

The  manner  is  thus :  At  tlie  Bridgehouse 

feast,  which  is  some  time  before  the  24  June, 

the  day  of  the  election  at  Guildhall,  the 

lord -mayor  takes  his  time,  and,  out  of  a 

large  nit  cup,  drinks  to  some  person  he 

names  by  the  title  of  Sheriff  of  London  and 

Middlesex  for  the  year  ensuing.     If  the 

nerson  be  present,  the  cup  is  immediately 

Dome  to  him,  and  he  pledges  my  lord  mayor : 

If  he  be  not  present,  then  the  cun  is  con- 
veyed in  the  great  coach,  with  the  sword 

bearer  and  officers,  openly,  and  in  state,  to 

the  house  of  tlie  person  drank  to,  and  the  of- 
ficer, declaring  the  matter,  preients  the  cup 

to  him;   and  fhen  he  is  called  my  Lord- 
Mayor's  Sheriff,  and,  not  long  after,  he  is 

summoned  to  the  court  of  the  lord-mayor 

and  aldermen,  and  there,  if  he  holds,  he  en- 
ters into  bond  to  take  upon  him  the  office  at 

the  time ;  and  if  he  fines  off,  then,  in  a  like 

method,  the  cup  is  sent  to  another,  till  the 

pmon  is  pitched  upon  that  will  hold :  And 

this  way  ot  drinking  and  fining  off  b  of  great 

use  to  the  city,  for  it  brings  money  into  the 

chamber ;  and  it  is  called  going  a  Birding 

for  Sheriffs.      At  Midsummer-day,  when 

the  common-hall  meets  for  the  election  of 

sheriffs,  and  the  lord-mayor  and  court  of  al- 
dermen are  come  upon  the  Suggestum^  caUed 

tlie  Hustitt^,  the  common  seijeant,  by  the 

common  cncr,  puts  to  the  hall  the  question 

for  confirming   the   lord   mayor's  dieriff. 

which  used  to  pass  affirmatively  of  course. 

After  that,  the  lord-mayor  and  aldermen 

rise  and  go  up  into  the  room  they  call  the 

Court  of  Aldermen,  leaving  the  floor  or  body 

of  the  livery  men  below  to  choose  another 

sheriff  by  themselves,  witliout  their  interpo- 
sing or  being  concerned  in  the  choice :  And, 

if  any  difference  happens,  so  that  a  poll  is 

taken,  the  old  shen£s  preside  and  see  it  w- 

derly  done.    And  after  the  ])er9on  chosen  is 

Axed,  then  the  lord -mayor  and  aldermen 


POkkigUm    [igt 

come  down  asain  to'  their  places,  and  th«re, 
in  ftill  assembly  of  the  common  hall,  the 
election,  as  to  f>ot|i  persons,  is  confirmed  tamd 
dechffed.    For  as  the  lord-mayor's  sheEiiT 
was  confirmed  by  the  hall,  so  the  other  per* 
son,  chosen  by  tne  hall,  is  confirmed  by  the 
lord-mayor  and  aldermen ;  and  either  aide 
doth  nut  interfere  with  the  other.    This  bsul 
been  the  custom  of  immemorial  usage  in  the 
city,  and  at  length  settled  by  act  of  common 
council ;  and  so  went  on  to  about  Forty  One, 
when  tfir  like  ends  as  now,  it  began  to  be 
practised  upon  in  favour  of  the  livery,  which 
the  fiiction  began  to  set  up  in  opposition  to 
the  lord- mayor's  ;  and  so,  fi>r  two  years  be* 
fore  the  mayoral^  of  sir  John  Moore,  the 
election  of  Doth  sheriffs  were,  by  factiomt 
lord-mayors,  thrown  into  the  common  halh 
Otherwise  nothins^  of  common  law,  con- 
firmed by  statutelaw,  could  be  of  more  re- 
gular and  constant  right,  exercised  by  the 
lord-mayors  of  London,  than  this  was  ;  an 
the  various  prints  in  the  controversy,  pub- 
lished about  mat  time,  do  largely  argue  and 
demonstrate. 
"  But  this  custom  seeming  so  bizzarr,  and  the 
faction  raisin?  such  a  clamour  against  air 
John  Moore  ror  setting  up  his  rig^t  by  it,  as 
if  he  usurped  upon  the  ns^hts  of  the  city,  to 
whom  it  belonged,  said  tney,  in  a  cornorate 
assembly  to  choose  their  sherifls,  I  shall  ffive 
the  plain  and  true  rationale  of  it.    It  is  first 
to  be  considered  that  the  lord-mayor,  |d- 
dermen,  and  the  livery  men,  assembled  in 
the  common  hall,  are,  for  the  purnose  of 
choosing  officers,  the  representative  body  of 
the  city ;  whereof  the  lord-mayor  is  the  head, 
being,  an  integral  part  of  that  politio  body, 
and  hath  a  negative  voice  upon  all  their  furo- 
ceedmgs,  so  as,  witliout  him,  no  corporate 
act  whatever  can,  at  any  time,  be  made  or 
done  so  as  to  bind  the  city.    In  old  times  the 
mayor  was  the  Custos  of  the  city,  and,  since 
the  incorporation,  continues  the  like  charae, 
and,  as  head  of  the  corporation,  Is  answernnle 
for  the  good  g(»vemment  of  the  city.    The 
sherifls  of  Ltttdon  and  Middlesex  are  the 
king's  officers,  as  in  other  counties,  to  c9ol- 
lect  the  revenue,  and  to  account  in  tne  £x« 
chequer ;  and  it  was  only  the  choice  or  no- 
mination of  them,  and  no  more,  that  is 
vested  in,  or  belongs  to,  the  city ;  but  the  of- 
fice itself  b  as  at  the  common  law,  and  no 
part  of  the  city  or  its  incorporation,  as  other 
officers,  viz.  town-clerk,  sword-bwcr.  Sec* 
are.    And,  as  in  other  counties,  the  sherifls 
are  Custodes  Pacis,  and  have,  lor  that  end, 
the  Posse,  so  here  they  are  to  attend  the 

S»vemment  of  the  city,  and  assist  in  keeping 
e  peace ;  and  it  is  after  the  same  manner 
as  when  Justices  of  Oyer  and  Terminer  come 
into  a  county  or  city,  the  sherifls  are  bound 
to  give  attendance,  and  to  execute  their 
mandates.  Besides,  the  nomination  being  in 
the  city,  if  the  revenue  be  not  answerea  in 
the  Exchequer,  the  dtjc  must  pay  it  over 
sgain.    These  considerations  made  the  lord- 


ml      STATE  TRIALS^  35  Ch arlbs  II.  1  Sss^mid  oikergy  for  a  Rki.       [  1 94 


BwyoTB  be  very  sofidtous  to  have  able  she- 
nm  choam;  'and  that  created  difiereoccs 
betireeD  him  and  the  aldennen  on  the  one 
tide»  and  the  floor  or  livery  men  on  the  other. 
Andf  if  persona  w6re  named  to  be  sheriffs 
that  the  lord-mayors  did  not  think  fit  to 
InBty  they  would'  disagree,  and  then  there 
was  no  cnoioe  at  all ;  which  endangered  the 
seianre  of  their  franchises,  and  brought  other 
inoooTeniences  to  the  city .    And,  thereupon, 
the  matter  fell  naturally  into  a  compromise 
between  the  lord-mayor  and  the  floor,  as, 
lor  example,  thus :   '  If  the  Lord- May  or,' 
fstd  the  citizens,    *  will  allow  us  of  the  floor 
'  to  chooBe  one,  and  let  him  stand,  then  we 
'  will  confirm^  (it  could  not  be  called  choose) 
'  any  other  person  the  lord-mayor  shall  no- 
*  mmate' :  And  so  there  could  be  no  claah- 
11%  ;  but,  of  the  two  sberifls,  the  lord- mayor 
was  to  nominate  one,  and  the  floor  to  choose 
aoother,  •  and  tlie  whole  body  .  to  confirm 
both.     And,  to  the  end  that  the  person,  ap- 
pojnlfed  by  the  lord -mayor,  might  be  puD- 
liely  declared   and  known,  the  way  was 
fioinid  out  and  brought  into  xtse,  of  his  lord- 
sUps  drinking  in  pimlic  manner,  as  hath  been 
abewsed.     And  there  is  the  account  how,  and 
lor  what  intent,  the  custom  was  introduaed; 
which  aoswers  the  clamour  of  usurpation 
upon  the  city.    Fbr  the  lord-mayof  was  not 
more  bound  to  agree  with  the  floor  than  they 
with  him;   aiMt  the  composition    of  eacn 
faanng  a  nomination  of  one  officer,  without 
the  contradiction  of  each  other,  reconciled 
att. 
V  Bat  now,  as  to  the  fiict  at  this  time,  it  was 
from  the  citbiens  that  the  court  was  first  ad- 
mouished  of  this  expedient  for  regulating 
the  8faeriff*ii  office  by  a  reTival  of  this  ancient 
custom  of  my  lord-mayor's  .drinking.     But, 
after  it  had  been  communicated  to  Uie  king, 
and  wen  considered  by  those  about  him,  it 
was  wall  approred  of;  and  a  resolution  was 
taken  to  put  it  in  execution,  and,  if  possible, 
*la  carry  it  through.    And  the  king  was  so 
sensible  of  his  siuety  and  interest  in  the  con- 
ief{aence,  that  he  resolred  by  himself  to 
prore  my  lord-mayor,  and,  if  he  complied, 
to  take  care  the  Itfws  should  defend  him  in 
It,  as  all  agreed  they  would  do :  And,  for 
edier  disorders,  if  any  happened,  thai  he 
Woald  not  be  unprovided  to  assist  the  ^- 
remtnent,  and  to  keep  peace  in  tlie  city. 
The  lord-mayor  had  been  before  pressed,  by 
dbrers  of  the  citizens,  to  do  it  of  himself ; 
hot  he  waa  scrupulous  and  doubtful,  and 
wonld  determine  nothing.     At  length  he 
was  sent  for  by  the  king,  and,  in  his  majes  • 
^a  presence,  dirers  of  the  councU,  and  the 
attam^-general,  explained    his   power  to 
.  Uai,  tnat  be  might  nominate  one  sheriff,  as 
'  ibecnstom  of  the  city  was,  though  some  of 
his  immediate  predecessors  thought  fit  to 
ware  it.     And  the  king  himself  encouraged 
Um,  with  ezpresaionft,  not  only  of  protec- 
tion, but  eommaad ;  and,  at  last,  after  much 
hfsiiatiftn,  hedalecniiiMd  roundly  to  oonfarm, 

YOL.  IJ(. 


*  4  * 

and,  all  at  once,  promised  the  king  to  send 
his  cop  to  any  citizen  hib  majesty  shotdd 
nominate  to  him.  He  was  slow,  but  sure  ; 
and  what  with  his  judgment  tliat  the  city 
was  in  such  a  state  that  a  regulation  was  be- 
come necessary,  and  what  with  the  king^s 
promise  to  stand  by  him,  together  with  Sia 
concurrent  adrice  of  his^court  of  aldermen, 
who  were  his  regular  council,  he  contracteu 
a  firmness  of  mind  to  pursue  his  point,  and 
he  made  it  good  ;  but  with  many  an  hard 
rub  and  difficulty  emerging,  that  fiactioo 
stirred  up  against  hini ;  as  may  be  readily 
imagined  by  those  who  know  tie  humour  of 
abu^  popularity. 

'*  This  dimcidty  over,  another  sprang,  as  h^rJ 
to  accommodate  ;  and  that  was  to  find  some 
wealthy  and  reputable  citizen,  who,  being 
drunk  to,  would  not  fine  off,  but  hold  under 
that  method  of  appointment.  The  taking 
one  of  a  low'  sense,  and  to  support  him, 
would  look  triekish,  and,  at  that  time,  the 
court  would  use  no  means  but  what  were 
legal,  justifiaUe  and  reputable.  DiTers  citi- 
zens were  spdce  to  upon  this  account,  with 
assurance  lAat  nothing  extraordioar}'. would 
be  required,  but  the  year  would  pass  in  the 
usual  fimns  and  feasting ;  and  all  business 
of  ^he  law  would  fall  of  course  into  the  hands 

vof  the  under  officers,  as  formerly  had  been 
the  usage.  Many  were  not  only  willing, 
but  desirous  to  have  stood,  if  it  might  hare 
been,  as  they  alledged,  with  safety.  But 
thev  were  told  that  my  lord-mayor  had  no 
rigut  to  make  a  sheriff,  but  the  common 
hall  only  ;  and  whoever  should  stand  upou 
his  title,  would  be  involved  in  law-suits,  and, 
moreover,  be  complained  of  in  parliament, 
and  what  would  come  of  that  they  could  o6t 
tell ;  and  not  caring  to  stand  in  hazard  of  so 
much  trouble  they  desired  to  be  eitcused. 
The  occasion  of  this  scrupulosity  w:is  the 
behaviour  of  the  faction,  who,  in  pursuit  of 
their  designs,  never  breathe  any  thing  mode- 
rate. For  as  soon  as  they  found  my  lord- 
mayor,  would  exert  his  power  by  dnnking, 
and  all  their  applications,  to  divert  him, 
failed,  although  urged  with  all  the  forms,, 
and  in  all  the  shapes,  of  menace  as  weH  as 
flattery,  whcrefey  they  were  prodigiously 
surprised  ;  then  they  wound  up  their  whole 
party  and  interest  in  and  about  the  city,  and 
charged  them  with  the  most  horrible  and 
bugwar  dennnciations  they  could  invest  arid 
put  in  words,  to  deter  all  citizens  from  hold- 
ing on  that  foot.  And  acooriUngly,  they 
went  beilovning  about  into  all  companies,  aira 
places  of  promiscuous  resort;  '  Persons,  Es- 
tates, all  must  go  to  Perdition ;'  hanging  waa 
the  mildest  woitl  came  out  of  their  mouths  ; 
law,  parliament,  knocking  of  brains  out,  hell 
and  damnation  (if  they  might  presume  so 
far)  were  to  be  the  cei-tain  fate  of  any  ona 
who  should  due  to  stood  Against  the  city^ 
as  they  called  it;  but,  diciumfaetumy  ruin, 
in  a  word,  wiasto  follow :  Andl,  to  do  them 
T^t,  they  honeatly  meafit  as  they  said, 
O 


l»6]     STA1«TIUALS,35CttiAli»lH.  l683v-^Triii/er3«Mi«*PtfMf«^    \}9S 


"  While  th«se  intimidatioDS  run  btgh,  the 
court  at  a  loss  for  a  good  uian,  Uie  citizeos 
busy  as  Ifcesy  some  persuading  others,  but 
none  iociined  to  stand,  cFer^r  one  wantiug 
courage  to  bear  the  brunt ;  sir  George  Jet- 
feries  the  I'ecorder,  or,  through  him,  some  of 
the  citizens,  insinuated  that  the  lord-kee|>er's 
brother,  a  Turkey  mercha;.t,  lately  arriv^ 
Aom  Constanttnoule,  i^nd  settled  in  London, 
rich,  and  a  single  person,  was  every  way 
qualified  to  be  sheriff  at  tliis  time,  in  case  he 
could  be  ure^aiied  with  to  stan((t  as  they 
hoped  miglit  be  done  by  the  lord-keeper's 
means,  if  he  .would  endeavour  to  persuade 
hiih.  This  extremely  took  with  tne  king, 
and  soon  set  him  at  ease ;  for  he  found  no 
formalizing  scruples  on  the  lord- keeper's 
part ;  and,  as  for  the  citizen,  he  lyas  made 
to  understand  that  there  was  no  hazard  at 
all.  For  when  the  government  of  a  citv 
calls  a  man  upon  an  office,  who  by  bis  oath 
of  freedom  is  hound  to  obey,  and  he  takes  it 
upon  him  and  peribrm^  it  honestly,  what 
has  he  to  be  afraid  of?  And  if  men  should 
regard  the  brutish  noi^e^ind  threats  of  vio- 
lent people  against  law  and  common  sense, 
&e  busiivess  of  the  world,  must  be  at  a  ftand. 
Ax^d  he  was  made  also  to  underst^d  what 
ai^  advantage  such  an  oppo^nity  waa  to 
oUifipe  a  king  who  bad  power  to  gratify  by 
employments  any  fill  persons,  sach  as  he 
was,  to  much  greater  profit  in  consequence 
than  sll  his  efttraordinary  charges.  And  it 
was  not  a  small  matter  to  gain  so  much  ho- 
nour and  repute  with  the  best  of  the  city,  as 
well  as  court  and  country,  as  the  standing 
«  stoutly  in  this  gap  vould  nrocove  him. 
These  reasons  got  the  better  or  the  ipudmish 
objections,  as  he  most  needs  make.  Nor 
were  these  brothers  miataken  in  their  o^ksy- 

'  lates ;  fqr  the  ^ve^t  made  good  aU  their 
vroffnostics ;  fi>r  no  Wjgle  person  in  £ng- 
sand  had  more  esteem  with  the  ki«Hr»  as  long 
as  his  roiyesty  lived,  than  Mv.  Du&y  North 
had.  And»  to  say  the  truth,  the  king's 
whole  design  and  prqject  was  perfectly  dos  • 
ed  by  this  oisdnguismng  pieue  of  sieivice  of 
Mr.Nirth.  For  he  desired  chieAyaiiaO' 
thority  ami  reputation  in  the  person  who  was 
to  make  good  this  necessary  passj  which, 
by  the  whole  faction,  was  most  mdustriously 
and  malicioualy  represented,  i^s  an  arbitrary 
project,  and  of  desperate  danger  to  wbora- 
aoever  should  stand  in  it  And  who  could 
pretend  that,  when  a  person  of  tliat  quality 
and  value,  and  so  well  advised,  stoocl  ? 
every  one  must  conclude  that  he  was  fully 
satisfied  of  the  law  by  which  he  was  safe. 
And,  as  for  himself,  he  was  of  a  peculiar 
temper  for  such  a  business;  for  being  used  to 
adtentiures,  and  having  run  much  greater 
hazards,  and  dealt  with  people  as  violent  as 
any  hor^  could  be,  if  he  was  once  satisfied 
of  ri^bt  mad  reason  in  any  business,  he  qsed 
to  shght  evenr  thing  else,  ^nd  say  that  good 
luck  attended  being  in  the  right 

^'  This  Mr.  N<»rth>  (alterwards  air  Dudley)  was 


bred  a  Turkey  merchant,  and  had  traded  at 
Smyrna,  but  passed  most  of  his  time  in  Con- 
stantinopie,  where  he  fell  into  muaintaoie^ 
and  vast  dealio£»  with  beys,  and  bashaws, 
and  other  great  omcers  of  the  Porte ;  and  had 
run  very  great  hazards  with  them,  but  had 
the  good  fortune  to  reap  the  profit  hf  ex- 
pected by  it.  He  was  very  quick  of  thought, 
and  no  less  sagacious  in  plumbing  the  tmth 
o(  thin^,  and  probability  of  events ;  which 
made  divers,  that  did  not  reach  his  lengths, 
wonder  at  his  bold  strokes.  He  made  justico 
the  rule  of  his  actions,  and  on  that  bottooi 
built  his  assurances ;  and  therein  he  seemed 
intrepid,  and  to  defy  all  opposition.  He 
never  used  tricks  or  subterfiiges,  and  haled 
them  in  others,  and  had  a  peculutr  antipathy 
to  a  false  knave ;  for  he  seldom  fell  into  a 
passion  but  when  such  crossed  him,  and  then 
he  had  no  j^tience,  but  let  fly  without  tern-- 
per  or  consideration ;  which  too  plain  deid-> 
ing  created  him  enemies,  and  some  great 
hazards.  He  was  a  frank  and  j(dly  mer- 
chant, familiar,  easy  and  jocose,  obliging  to 
all,  without  any  stiffness  or  pride ;  fneaiUj 
to  all  that  needed,  and  never  made  advantag* 
of  the  weakness  or  want  of  ezpcrieboe  <^ 
young  men,  but,  on  the  contrary,  assisted 
them.  He  had  a  goodly  person,  and  mind 
capable  of  sittingat  thehelmof  any  maoa- 
gery;  intelligent  and  facetious;  and  what 
they  call  a  Bon  CompM^non,  so  much  thai 
a  stranger  would  mistake  him,  as  if  he  wo^ 
fl;ood  for  nothing  else.  In  a  word,  he  was 
loved  and  caressed  by  all  that  knew,  and  did 
not  envy  hi^n.  He  Iwd  not  been.  lon|^  i» 
England  when  tiiis  trial  came  upon  him ; 
but,  in  that  time,  pursued  trade ;  for  which 
end,  he  settled  himself  in  the  city ;  apd 
coming  to  be  concerned  in  the  A&ican  oom^ 
pany,  was  chose  of  their  oommitteei  and 
there  soon  gave  a  demonstratUMn  how  fit  h« 
was  to  be  a  pilot  in  trade  of  any  magnitude. 
The  actions  and  fortunes  of  bis  life  wer^  so 
considerable,  that,  joined  with  the  character 
of  his  genius,  would  make  an  history  (if  one 
well  instructed  had  the  penninpf  of  it)  as  use- 
ful and  entertaining  as  the  lite  of  any  pri- 
vate person  whatever  -aight  be,  and,  lo-% 
wards  it,  I  have  thrown  in  this  mite,  which, 
to  all  other  purposes,  I  own  to  be  super- 
fluous. 
**  But,  to  resume  tlie  intended  relaiioa:  mat- 
ters being  thus  &r  concerted,  my  lord  noaror 
sent  his  cup  in  full  parade  and  form  to  Mr. 
North.  This  was  no  sooner  known,  but  all 
the  utillery  of  the  fac^on  was  pomted'*at 
him,  in  order  to  terrify  him,  and  Budce  him 
^e  off.  Most  of  the  factious  men  in  the 
city,  that  had  acquaintance  with  him,  espe- 
cially his  brethren  of  the  Turkey  Comp^y^ 
who  were  too  much  that  way,  took  their  op- 
portunities, more  or  less,  to  expostulate  ii^ 
discourse  with  him,  saying  why  wpuld  he  b« 
undone?  *  For  if  you,^ said  they,  *  taketlus 
'  office  upon  you.  upon  this  (at  heat)  dufaieaa 
'  title,  you  will  know  no  wd  of  law-sHiUs 


l«J      STATE  T1IIAL9,  S5  Chablbs  II.  l68dw-Miiil  Mtti,/ht  M  Koi.       [IJW 


'  aod  be  crmiiedl  by  Uie  pariouueat  to  boM ; 
'  ^Bd  wbal  nfety  ou  you  proiMMe  to  yoar- 

*  Mtf?*  Hk  awwer  oMd  to  be,  « I  am  a 

*  citben  swoni)  aad  if  the  fovwrnment  of  tbis 
<  dty  calls  me  upon  an  office,  I  will  obey, 
« ant  never  break  my  head  about  titleSw'  69 

pGed  with  penny  post  letters,  and  so 
his  nearest  fneiids  and  relttioQf.  Tbey 
all  out  of  pure  fiiendsbip  add  respect, 
wishine'  those  peraons  wouki  interpose  to 
rescue  tiim  from  ineritable  rain.  Tkeywvn 
so  maliciooB  to  find  out  sir  Robert  Caim  at 
Bristol,  firtber  of  the  lady  Ounniof ,  whom 
he  than  oonrted,  and  wrote  to  bum  to  let 
him  know  that  bis  daughter  was  goin^  to 
throw  hcnelf  away  upon  a  map  of  a  despe- 
rate ^Mtune,  and  tbat  would  certain^  be 
hanf|«d ;  and  he  resented  it,  but  the  lady 
knew  b^ter ;  so  by  firtue  of  his  good  stars, 
that  blow  miaseil  its  effect.  And  what  was 
mat  extraordinary,  Was  thit,  dnring  all  the 
time  of  the  brigoes  in  the  city  cAiceming 
him,  and  both  town  and  country  ranr  of  his 
name,  which  was  also  bandied  idMut  in  mul- 
titudes of  pamphlets ;  he  went  tbout  his 
business,  and  diverted  himself  just  as  he 
used  to  do,  and  minded  the  stirs  no  more 
than  if  they  had  not  ooneemed  him.  He 
was,  by  common  talk  and  pamphlets,  made 
so  reniBrfcabie,  that,  whererer  he  went,  peo- 
ple started  out  of  the  way,  lookinff  at  bun, 
and  crying '  That's  he.'  AH  which  did  not 
keep  ban  within  doors,  or  from  his  ordinaiy 
walks.  Which  seeming  apathy  brought  hhn 
letters  and  intelligences,  that  ae  was  stuiwd, 
a  dull  beast,  and  his  name  should  be  Bfind 
Bayard. 
^  Once  a  trap  was  bud  for  him  by  way  of 
abam-nhit  An  eminent  busy  party-man, 
with  whom  he  had  concerns  depending,  came 
to  him  with  a  proposition  mm  the  whale 
adrerse  party,  whieh  was,  that,  if  he  would 
wave  my  wtd  mayor's  appointment,  and 
take  the  dection  from  the  common  hall,  he 
should  be  chosen  by  them,  and  all  tbeeharre 
of  his  abnersHv  should  also  be  defrayed  by 
that  pm^>  wno  would  raise  the  money 
amoB^  them  to  do  it  This  he  rejected 
with  mdignatwn  and  scorn ;  and,  being-  one 
very  modi  indined  to  conmmiicate  truUis, 
'wnes  ot  telling  this  passaae  in  sil 
I,  so  far  as  to  declare  the  rail  im- 


port of  the  proposition  made  him,  hot  not  by 
whom :  ana  so,  taking,  wind,  it  flew  about 
the  caty,  and  proved  very  prondicial  to  the 
of  the  faction  at  that  time.    F6r 


whieh  cause  they  were  wonderfuUy  angry ; 
1f^  ooee,  at  a  public  feast  in  the  dty,  an 
"  ^mmrnf  leader,  by  agreement  of  the  party, 
hm  I  si^pooe)  pnbodv  chamd  him  to  name 
■is  author,  ad^pf  tnat,  it  he  did  not,  the 
whole  alory  woiud  be  accounted  no  better 
Iban  his  ofsnt  invention.  He,  being  thus 
attMhsd,  fredy  aad  readily  affinned  the 
pMnigc  to^be  true ;  and,  as mr  naming  the 
serson  that  nsade  the  offer,  for  reasons  re- 
miBg  ta  the  pencD  himseli;,  be  waa  Bot  for- 


ce 


ward  to  do;  but,  if  thsr  hmtedoo  it,  ha 
would  faistatttly  declare^  before  all  that  com- 
pany, wlio  h  was.  Tbis  pot  a  stop  to  the 
discourse^  and  no  woni  more  was  said  of  it ; 
for  tbey  knew  he  was  not  used  to  be  worse 
than  his  word ;  which,  perhaps,  of  a  bad 
busimm,  might  make  it  worse.  1  knew 
then  tbat  it  was  one  Fairclotb,  a  formal 
Presbyterian  usurer,  and  a  great  intriguer. 
His  son  waa  then  mercantile  ser^'ant  to  Mr. 
North,  and  was  afWwards  settled  by  him 
inbisfactorvhouseatConstantinopie.  Tbat 
person  bad  an  easy  access  to  him,  and 
brought  the  proposition,  which  was  a  mere 
snare ;  for,  if  he  bad  inclined  to  accept  it, 
the  report  had  6own  abont  tbat  he  was  sdl- 
ittg  himsdf  to  the  other  side  for  money ;  and 
that  was  aU  the  party  intended  by  the  expe- 
riment. But  all  dreumstanoes  conspired  to 
shew  the  implacable  raire  tliat  possessed  the 
faction  at  the  noniinatiob  of  him  who,  of  thf 
whole  freedom,  was  the  only  person  quali- 
fied to  resist  tbem.  His  character  and  cir- 
cumstances were  as  if  they  had  been  east  in 
a  mould  for  that  purpoae :  so  exactly  were 
they  formed  for  an  on'posilion  and  counter- 
work to  the  whole  game  of  the  faction:  and 
ao  mudi  fiercer  were  t^ej  in  all  their  me- 
thods of  proceeding.  And  aooordin^y ,  diey 
provided  a  mighty  muster  of  their  nvery 
par^,  against  the  34th  of  June  next,  at 
Guifdbill :  the  other  side  provided  also  th# 
greatest  strength  of  vdees  mey  could  make. 
The  candidates  of  the  latter  were  North  and 
one  Box,  the  former  for  confirmation,  and 
the  other  for  efec^n:  aad  ^  party  had 
Papilion  and  Dnboia,  both  to  be  chosen  in 
opposition  to  the  lord  mayor's  pretension, 
which  thfi^  were  determmed  to  fly  in  tha 
face  of  and  reject  Thus  stood  the  prepa- 
ratives against  the  day  of  decfion. 
Now  the  manner  or  prooeeding  in  these 
eat6esj  at  die  common  baH,  is  very  patrtiedar, 
and,  aa  was  touched,  conssnaat  to  the  ddm 
of  my  lord  majror.  For  be,  nith  bis  alder- 
men, is  present  only  at  the  opening  of  the 
court,  and  question  of  confirmation,  and  then 
they  retire ;  which  is  to  the  end  that  the 
common  hdl  might  be  free  in  choosing  one 
of  tbemsdves,  whieh  fVeedonoi  the  presence 
of  the  mayor  might  impeooh*  Now  in  case 
the  floor  wiH  not  oanfirm  the  mayor's  she- 
riff, he  is  not  bound'to  continue  them  any 
longer,  but  may  dissdve  or  adjourn  them, 
or  not  lufree  to  any  thing  they  do.  That, 
whidi  the  faction  insisted  on,  carried  a  fiil- 
lacy  throughout ;  for,  sdd  the^,  the  autho- 
rity, given  by  the  choice,  is  from  the  dty, 
and  the  act  of  the  lord  mayor  is  not  the  act 
ef  the  city ;  and  so  they  harped  upon  the 
word  Choose  I  wbich,  sud  they,  did  not  be- 
long to  the  lord  mayor  bat  to  the  dtjr.  All 
tfiat  was  gtunted,  and  also  that  ths  new 
sheriffs  had  no  authority  till  the  whole  city 
in  common  haH  agreed  to  them.  And,  how- 
ever tlie  lord  mayor  nominates,  it  is^  prs- 
tended  to  bvashdos,  or  ky  virtuaof  a^ar 


J991    STATE  TRIALS*  3^  Charlbs  II.  lfi8d.— TitcZ  o/'TXmim  Pilkingtmi    [20O 


invested, '  as  granted  hy  him,  nor  that  it 
stands  for  any  thin«jr  if  the  common  hall  doth 
not  confirm.  But  then  the  lord  mayor  is 
not  bound  to  coacur  in  any  choice  they  shall 
make,  till  they  noioinate  to  him  persons  that 
he  shall  think  lit  to  trust ;  and  he  is  no  more 
boitnd  ta  a<^ree  vfith  them  than  they  with 
him :  and  so  t^ntered  the  custom  by  way  of 
composition  or  expedient  (as  I  said  betore) 
which  if  they  ^y  from  on  their  parts,  he  be- 
takes to  his  nepEitive  voice  on  his  part.  But 
yet  the  abuse  of  the  words  Choice !  Nomi- 
nation r  Right!  and  Authority!  all  which 
being  applied  to  the  ci^  exclusive  of  the 
lord  mayor,  sunk  so'  with  the  citizens,  that 
few  of  them  could  brin^  their  heads  to.  a 
true  state  or  distinction  of  the  matter.  For 
they  look61  upon  the  common  hall  as  an 
assembly  of  commons  with  a  speaker,  as  if 
be  had  only  a  presidentship ;  whereas  it  is 
r^hcr  like  a  narliamenit  with  a  sovereign, 
and,  instead  ot  a  casting  voice,  as  they  call 
i^  there  was  a  negative  voice,  .which  alters 
tlie  matter  strangely.  So  very  difficult  was 
it  to  get  the  citicens  to  comprehend  the 
reason  and  distinction  upon  which  the  lord 
mavbr's  right  depended ;  and  it  went  farther 
witn  them  that  the  custom  had  been  soj  and 
an  act  of  common  council  had  declared  it, 
than  that  there  was  any  consonance  or  rea- 
son at  all  for  it 

«  At  the  day  of  eleetion,  June  S4,  1682,  the 
}iartv,  after  the  way  of  their  predecessors  of 
old  Home,  had  possessed  the  Forum,  that  is 
the  floor  of  GuiMhall,  so  that  the  other  side 
<iOuld  not  croud  in ;  for  the  livery  had  been 
so  mack  enoreused  that  the  hall  would"  scarce 

.  hold  half  of  them;  This  bred' a  sort  of  con- 
fusion at  first,  with  the  elbowing  and  tluiist- 
ing  to  get  room,  and  not  without  a  deal  of 
snarling  an4  scolding  amongst  them.  Those 
pmons,  thi^t  could  get  upon  th^  hustings, 
as  I  difl,  and  from  tiieac?  viewed  the 'floor 
below,  had  a  prospect  as  if  tire  hall  had  been 
|Hivcd  with  m»8,  and  full  of  eyes  sparkling, 
not  unpleasant  to  observe,  n  hen  the  lord 
mayor  and  aldermen  were  come,  the  com- 
mon ofiicei's  put  the  <}uestion  erf  confirma- 
tion ;  and'theo,inainoe,  those,  that  were 
tor  it,  hel^  np  thVir  hands  (fi>rtbatis  the 
signal  of  assent)  with  arms  and  fingers  dis- 
tended, all  in  a  continual  motion  together, 

V  which  made  an  odd  spectacle :  but  the  dis>- 
senters,  who  were  much  the  greater  num- 

.  ber,  iu'stead  of  holding  up  hands,  screwed 
their  faces  into  numbness  variety  of  No*s ! 
in  such  a  sour  way,  and  with  so  much  noise, 
that  any  one  wonM  have  thought  all  of  them 
iiad,  in  the  same  instant  of  ti^ie,  been  pos- 
aasted  with  some  malign  spirit  that  convulsed 
fheir  viitages  iu  that  manner.  Tliis  was 
token  for  »  refusal,  as  it  was ;  so  the  lord 
Mayor  ^nd  his  eonrt  retired  to'oonsider  what 
was  to  be  done  ?  and,  as  he  passed^  with  the 
•worri.  before  him,  throngh  the  croud,  we 
eonkfr  observe  the  items  of  iftn-y  given  by  fists 
and  &ost  at  Iu2n»  as  folks' aw  apt  to  do  when 


i4 


U 


they  threaten.  This  promenade  was  done 
more  than  once,  to  see  if  the  hall  would 
come  to  their  wits,  and  agree  to  donfinn  ; 
but  the  partv  were  no  changeling*,  every 
trial  came  off  rather  worse  than  h^ter.  At 
len^h  the  lord  mayor  acjiouroad  the  belly 
and  no  more  was  done  that  day.  And  be- 
cause'great  part  of  the  dispate  tdl  npon  that 
adjournment  of  my  lord  mayor's,  and  there 
was  notable  stir  alnrat  it,  I  shall  add  fome- 
what  relating  to  it. 

When  the  hall  was  at  a  full  atop,  for  refus- 
ing to  confirm,  and  the  court  of  aklennen 
was  sitting,  the  citizens  were  adnfiitted  to 
come  in,  and  at  the  bar,  to  ofibr  what  ihfy 
thought  fit  to  the  ooort^  each  paiigr  for  lus 
side;  and  notable  wrangling  there  was.  My 
lord  mayor  was  advised  to  adjourn  the  beUy 
the  faction  opposed,  saying,  '  he  bed  not 
*■  power  to  break  up  the  assembly  till  the 
*  election  was  finished.*  In  those  days,  no- 
thing <^uki  be  so  much  contrary  to  law  and 
ooramon  sense,  wliiclt  they  wpmd  not  affirm 
to  serve  their  turn ;  of  which  1  may  hare 
touched  some  instaneas,  but  this  was  en 
^regions  one.  All  the  aldermen  bnt  Are 
^lor  no  more  were  fiictions)  advised  to  4d- 
journ;^and  so  the  matter  rested  in  dispitte 
amongst  them  a  good  while.  At  length,  one 
of  the  dissenters  moved  the  lord  mayor,  Uiat 
they  might  bring  counsel  to  argue,  who 
would  satisfy  hisTordship  he  had  not  power 
to  adjourn:  The  other  side  agreed,  so  as 
th^^y  might  send  for  counsel  to  argue  on  their 
side,  who  would  densonstrate  the  contrary. 
It  was  upon  this  first  day  that  oomisel  were 
brougiit,  but  the  author  makes  an  hearing  of 
counsel  to  have  been  upon  another  day ;  and, 
not  having  access  to  original  entries,  1  tie  not 
dispute ;  but,  as  to  the  matter  I  here  rdale, 
I  am  very  sure,  and,  for  times,  refer  to  the 
proper  registero.  It  may  be  that  counsel 
was  heard  afterwards  at  my  lord  mayor's 
house  privately,  when  I  was  not  in  the  way  ; 
for  the  question  continued;  so  as,  for  more 
hearin^n  than  one,  I  contend  not.  In  the 
interim,  before  dio  counsel  came,  the  eourt 
was  diverted  by  the  partisians  on  both  sides, 
with  numerous  compkiinta  of  each  other's 
outrages  and  irregularitieB,  which  were  exacr . 
gerated  with  mat  violence  of  talk;  Aid, 
all  that  while^Uie  poor  lord  mayor  sates  one 
almost  insensible  ;  so  full  was  be  of  doubts 
and  fears.  But  it  appeared,  by  his  actions  af- 
terwards, that  he  was  firmly  resolved  in  liis 
mind  to  assert  his  right,  so  long  as  theeoort 
of  aldermen  stood  by  him  with  their  advice, 
and  the  court  at  Whitehall  sustained  hla 
against  imuries  that  might  be  done  him. 
This  was  Midsummer  work  indeed,  extreme 
hot  and  dusty,  and  the  partisans  strangely 
disordered  every  way  with  cn»oding,  bawl- 
ing, sweatbg,  and  dust;  all  full  of  aiujer, 
seeal,  and  filth  in  their  faces  ;  they  ran  sooQt 
up  and  down  8taira,.so  that  any  one,  not  better 
informed,  woukl  have  thought  the  place 
rather  an  huge  Bedlam,  than  a  AMvting  ler 


M]      STATE  TRIALS,  i5  Charles  II.  l68d.— amf  oikera^fir  «  AM.       [203 


ml  biinanB*    Aii4yet,  imd«r  •neb  an  awk- 
mrt  ftee  of  affairras  this  was,  the  ftite  of  the 
&i|(tiA  goTanancDt  ani  monarcby  depended 
(hi  too  modi  ontlMensit  orsodemt  an 
asMiriiiy.  And  indeadh  was  accordingly  ao- 
dendDocf;  fbrit  isdiol  small  maitoffr  thai  will 
raise  aQoh  foriona  faarncane  doings  as  here 
.    And  the  oonit  was  aware  ;    for  care 
liken  thtt  divers  considerabie  persons, 
«}f  the  ^uncil,  should  be  near  at  hand 
to  otoerre  the  proceedings,  suppoM  the  spti-its 
of  ike-kint  nnyor,  and  enCoarage  the  loyal 
dliSBna^  and  that  they  n^ght  have  recourse 
sad  direetionB  as  oocasbns  emerged ;  bat 
this  was  known  to  Tery  few.    And,  on  the 
other  side,  feotions  lords  and  others  attended 
that  bad  nothing  to  do  there.    It  may  be 
wondererfthat  such  a  contest  as  tikis,  con- 
sidering  abo  what  was  at  the  bottom,  did  not 
nm  on  to  blood ;  but,  as  at  the  tumults,  so 
here,  the  temper  of  the  English  appeared, 
which  I  may  call  a  native  humanity,  thouj^h 
the  foreig;ner8  term  it  dobiess  and  phlegm. 
They  bave  an  aversion  to  civil  homtade,  but, 
in  war,are  as  free  with  lives  as'the  beet  bf 
(hem ;  and  yet,  even  there,  the  same  humor 
a|ipeaffs,  for  no  command  will   make  the 
fingliBh  refuse  quarter,  or  kill  in  cold  blood. 
But  then  as  for  foction,  crowd,  tumuH,  and 
brawl,  let  them  alone  ;  il.is  a  sort  of  sport, 
or  lost  of  change  that  niad^es  them  deligotto 
•see  hfigh  things  fall,  and  their  government  in 
distress.     In  which  matters  I  may  commend 
tbeir  temper,  but  not  their  wisdom. 
**  But  digressions  anart,  and  to  return  to  the . 
trial  of  this  proroond  question  of  the  lord 
mayr>r*s  power  to  ac^um ;  First  Mr  Pdl- 
kKfen,  argued  contra  ;  and  he  built  only  on 
•parallel  he  made  between  the  common  hall 
or  the  city  and  the  ordinary  county  courts, 
held  by  the  sheriffs  of  counUes ;  and  so  the 
common  hall  must  be  the  city  county  x  court, 
end  the  lord  mayor  be  as  the  sheriff,  only  to 
preside  hut  not  to  judge,  because,  in  aH  those 
oomts,  the  soitin?  are  judges,  and  here  the 
Kvery  men  are  the  suitors,  and,  without  their 
eoBseot,  the  lord  mayor  can  no  more  ad- 
joom  the  court,  than  thesheriiTof  a  county ; 
but  it  must  be  done  by  the  livery  ;  and  all 
this  he  confirmed  by  the  place  where  the  Hus- 
tings, which  is  the  court  of  pleas  for  lands  in 
^  city,  IS  kept    On  the  other  side  sir  Ro- 
bert SAwver,  the  attoniey  general,  came  to 
snswar  all  this  obvious  nonsense.    First  he 
shewed^the  place sigmfied  nothii^  to  the  Ju^ 
riadklimi ;  for  bnrgeases  to  the  paiiiaraent 
for  Westminster  are  often  chosen  in  the 
Kmg's-befich  court,  but  it  is  not  the  juris- 
dictiOB  of  the  King's-bench  that  chooses : 
Then,  thai  this  assembly,  called  the  co^ 
men  ball,  is  so  Ikrirdkn  being  like  a  county 
conit^tlmtitisnocourtatall,nor  hath  any 
namerof  jufisdietion;  that  it  was  no  other 
Wt«  privnte  meeting  of  the  corporation  of 
the  aty  for   pure   corporation  -  work,  the 
cfaooaing  officers.    And  the  lord  mayor  being 
bead  of  the  eerporation,  wiftw>ut  whom  no 

4 


« 


asM»nUy  of  the  c6rponte  body  eoald  snbijjit, 
or  corporate  act  be  done,  he  was  also  head 
of  this  assembly,  to  call,  adjourn  or  dissolve 
it,  as  he  thought  fit.  And  concluded  ^at 
all  the  other  side  had  alledged,  of  county 
sherifis,  tuitois,  judges,  Ace.  was  all  romance 
and  invention*  and  in  no  respect  apphcable 
to  this  assembly.  All  this  while,  the  par* 
tisans  were  ragmg  about  the  hall  and  rooms ; 
and  divers  (out  of  friendship  as  was  pre- 
tended) gave  hints  that  my  lord  mayor  would 
not  be  safo>  if  he  went  down  to  adjourn  them  } 
and  that  was  to  tright  him  from  taking  a  re* 
solution  so  to  do ;  and  they  scarce  l^ieved 
he  would  dare  to  do  it.  At  length,  it  becom* 
ing  necessary  to  termkiate  the  matter  one 
way  or  other,  the  lord  mayor,  on  a  sudden, 
and  unexpectedly,  rose  up  and  bid  the  officer 
take  up  his  sword  and  go  dOwn,  saying,  aa 
he  went  oflT,  IT I  die  I  die.  And,  passing  the 
crowd,  took  his  seat  upon  the  Hosting8»  and 
commanded  the  common  seijeant  to  adjourn 
the  hall  to  a  time,  which  was  done,  but 
scarce  heard  for  the  hideous  noise  that  was 
made.  Alter  this,  Uie  lord  mayor  and  the 
rest,  that  so  thought  fit,  went  their  several 
ways  in  peace  ;  and  there  ended  this  trou- 
blesome scene  of  a  Midsummer's  day's  ex- 
pectation 

It  was  very  strange  to  observe  the  impu- 
dence of  these  men  of  the  faction  in  Lon- 
don, who  still  persisted  iji  the  senseksei  pre- 
tence that  the  lord  mayor  couhl  not  adjoom 
the  common  hall,  though,  to  every  one's  ca- 
pacity, it  was  solemnly,  not  only  confuted 
but  shamed :  and  they  would  not  quit  a 
scruple  to  ease  my  lord  mayor,  but,  to  their 
folsie  pretences,  added  menaces.  For,  as  he 
passed  to  the  adjournment,  there  was  a  ter- 
rible mge  of  faces  made  at  him,  as  if  an  en- 
diablement  had  possessed  them  all.  Whoi 
Iche  mayor  and  officers  were  gone,  the  twa 
precious  sherifis,  PiOdn^n  and  Sliute,  with 
some'  livery  men  of  theur  party,  thought  fit 
not  to  obey  the  lord  mayor's  'afj^oumment, 
but,  by  themselves  and  all  their  ovm  aotlMh* 
rity,  held  on  the  corporatkm  assembly,  or 
the  common  hall,  as  tney  then  called  it,  and 
there  they  proceeded  to  continue  the  electloii 
by  setting  up  a  poU;  and  afterwards  they 
finally  declared  the  choice  to  have  fallen 
upon  Papihon  and  Dubois,  as  will  be  shewed. 
Here  ap|)eared  an  headstrong  disposition, 
but  not  a  grain  of  judgment,  in  those  who 
governed  the  sheriffo.  They  little  under- 
stood the  nature  of  the  shenfFs  office,  who 
took  the  Vioecomites  to  have  any  autlioii^ 
at  all  in  the  corporation  affairs,  or  to  be 
officers  at  all  of  the  corporation.  It  is  true 
the  corporation  have  a  nght,  by  charter,  to 
nominate  them  ;  but,  being  nominated,  ^ey 
are  the  king's  officers,  a^  was  said,  to  at- 
tend on  the  authority  of  the  dty,  and  keep 
peace,  as  all  sherifis  are  attendant  upon  all 
authorities  in  iurisdiction  derived  from  tiie 
crown.  A  body  politic  presents  to  a  living  ; 
the  incumbent  is  not,  by  that,  a  ser^nt  to 


do?]    STAT£TeiALS,S5  Charles  U.  \6HS.^Hnalofnoma$ 


m    tSt04 


the  My,  |i»  if  be  were  tbeir  cbapUin. 
Therefore  Ibis  act  of  ibe  sheriffs,  io  aetting 
up  tbeipaelvts  to  praaide.in  a  corporate  as- 
sembly, not  only  witboat,  but  against,  the 
order  of  tba  bead,  apd  in  difect  opposition 
.    to  him,  was  the  most  audacious  blunder  that 
ever  was  know*.    But  then  the  actual  en- 
jdeayour  tberebT  to  impose,  not  onl^r  upon 
the  city  of  Ijonoonbut  upon  the  king  himself, 
officers  of  the  peace,  ana  royal  revenue  in  the 
ci^,  wa4  not  only  foolish  but  desperate,  as 
done  bv  ovadmen,  and  could  be  made  good 
by  nothing  but  sword  in  hand.    And  what 
could  be  expeeted,  but  that  the  geremment 
ahould  resent  it  witli  all  posdUe  rigour,  as 
ibr  an  offence  next  to  hieh-treaeon  ?  There- 
fore one. may  conclude  that  it  was  not  Uind- 
ness  only  that  caused  this  detestable  pass  to 
be  made,  so  much  against  common  sense, 
.    but  some  dismal  reserves  which  they  had 
and  relied  on,  to  divert  the  obvious  conse- 
quences, as  must  iall  for  daring  to  usurp  so 
great  a  power.   But,  whatsoever  those  were, 
they  failed  at  this  time ;  for,  upon  informa- 
.    tion  above,  upon  oath,  of  this  fact,  warrants 
issued  from  tne  king  in  council  immediately 
to  take  up  the  two  sherif&  and  their  com- 
plices, in  order  to  be  prosecuted  at  law  fbr 
this  extraordinary  and  dangerous  riot*    And, 
if  they  or  their  party  had  made  any  stirs  or 
resistance,    there   was    force    enough    at 
.  hand  to  have  executed  the  warrants  effec- 
tuall)r ;  and  for  that  reason  the  arreiit  was 
submitted  to. 
<*  If  ona  would  consider  this  affair  in  the  mild- 
est terms,  it  may  be  iudged  that  the  faction 
relied  chiefly  upon  the  parliament,   which 
.   was  expected  to  be  soon  called  and  te  meet, 
.  for  justifying  them  and  criminatinff  the  other 
.  party.    For  they,  as  was  noted,  bad  calcu- 
lates of  elections,  and  knew,  by  their  rote  of 
,   piogvession,  how  much  the  next  sessiona  of 
parHament  must  be  more  averse  to  the  court 
tluui  the  last  was :  and  so  they  concluded 
materer  they  did,  must,  in  the  end,  come 
jogbt.     This  is  the  model  of  Forty  One 
.e^csfitly :  tbooe  times  began  with  like  nrawls 
.  in  the  dty,  and  the  same  iiyustioes  and  op- 
pienion  wer»  intended   to  be   acted  over 
a||ain.    But  it  Is  so  far  certain,  viss.  that  in 
tms  view,  they  were  open  and  clear ;  mak- 
ing no  oeramony  of  declaring  what  the  next 
parliaBMDt  was  to  inflict  upon  their  adver- 
^laries,  whatever- else  the^'  might  hold  unde- 
clared in  petto.   And  their  pe^etual  harping 
upon  this  string,  and  the  proceedings  against 
the  abhonrer»  being  reeenl,  had  really  made 
thnpeoplegeneraUy  bdieve  that  tUngs  wovld 
ba|ipen  as  they  said,  and,  li^  or  wrong, 
tb^  should  .crash  aU  tbeir  opposers.     But, 
in  the  mean  time^  we  must  a  littfe  lyaiwlion 
their  policy  with  lespect  te  the  persona  active 
at  present,  in  both  eniaging,  and  then  giving 
the  ig^vemiiient  in  possemion  (if  I  may  so 
teopa  it)  such  apparent  advantag^  of  them  ; 
und  40|  takiag  ^  miseftUe  defensive,  depoiid 
vpei^  anaftaig|tai«ili9kCau49M»tlikeIyvin 


J9ue  and  the  Mose  age,  to  run  open  the  taiiM 
chances^    Bet,  whatever  were  thchr  politie 
reserves,  the  government  did  net  take  these 
dmngs  for  boys  play,  as  a^piibe  and  oackerB, 
but  as  a  bold  attempt  upon  the  antfaority  of 
the  dty  and  nation,  and  very  neoessary  to  ha 
made  eawmplary.    Among  theae  thai  werv 
committed,  there  were  some  not  citiMiin, 
but  party  men  at  large,  and  of  no  smatt  ac- 
count; as  for  instance,  the  lord  Qtey  of 
Work.    These  did  not  attend  wbere  they 
had  nothing  to  do,  in  order  to  have  BOthing- 
to  do ;  tibiey  .were  screwing  np  matters  to 
their  model  of  public  distumnoes,  as  con- 
sequences shewed.    These  persons  w«nt  to 
the  Tower,  and,  upon  Habeas  Corpus  were 
bailed,  and  afterwrn  prosecuted  by  an  in- 
formation; whereupon  the  issue  was  tried 
in  the  city,  uid,  upon  a  long  and  clear  evi- 
dence, the  parties  were  convict  and  flned  ; 
but,  considering  the  nalure  of  the  otfeooe, 
and  quality  of  the  persona,  very  modorstdy. 
They  were  forced  to  paytbenr  fines,  hot 
were  so  sanguine  to*  look  upon  them  as 
money  put  out  to  interest  to  be  repaid  prin- 
dpal,  interest,  and  charges  o^lof  thees« 
totes  of  thdradFeraaries  hy  an  after-game, 
as  I  shall  shew.    But  I  have  run  diis  Dun- 
ness  of  die  audacious  riot  to  this  end  here ; 
but  we  shall  hsar  more  of  it. as  we  go 
along. 
<^  As  soon  as  the  sheriff  were  come  oat  upon 
bail,  like  nlen  svderated  to  foUy,  they  took 
up  the  game  where  they  left,  and,  at  a  day 
or  adjournment  of  the  common  law,  resum* 
ed  their  poll  by  themselves,  at  the  other  end 
of  the  ball,  apart  from  the  lord-mavor's  as- 
sembly.   For  he  with  the  court  of  aldermen, 
was  sometimes  upon  the  hustings,  and  some- 
times in  the  court,  puzzled  with  the  difficul- 
ties in  settling  this  matter  of  the  choice  of 
sberifis ;  and,  before  any  thing  was  done, 
the  then  sherifls  came  to  a  dose,  and,  in 
the  hall,  publicly  dedared  the  election  tofali 
upon  PipHion  and  Dubois ;  that  is  to  say, 
they,  as  mayor,  aldermen  and  dtizenaof 
Ijondon,  had  deposed  the  lord«-mayor  and 
aldermen,  and,  by  a  party,  dedarrd  an  act 
of  the  whole  corporation.    But  now  there 
was  a  new  Affieuky  starM,  and  mv  lord- 
mayor  waa  attacked  with  new  doubto  and 
scruples ;   for,  add  they,  '  Here  are  tsro 
shertis  deelared,  who  are  in  pofocs^aon  of 
their  election,   and,  whatever  yo«  might 
have  done  heibre,  you  cannsi  make  a  ny^- 
dection,  and  thereby  set  up  anti-sherin  of 
London.'    And,  in  very  sebar  earnest,  most 
indifierent  ]^e<^,  wheoe  heads  did  not  lie 
for  distiagutshuig  mattera  of  order  and  con* 
stituiion,  thought  that  the  dty  8heiiflb,'in 
taking  a  poUv  wcfo  not  nunastsrs  bwfc  jwdges 
of  tlw  deotion,  and  believed  that  now  the 
lordrmayoi's  oase  was  nrodi*  wane  dian 
before ;  attd  so  was  the  onrreni  eanodt  of 
the  town.    Dnriiw  this  interval,  the  lard- 
mayor  waa  aent  for,  ar  went  of  himadl^  to 
cQiwt,  and  ayfeared  before  the  kinginr«oii«« 


tOS]      STATE  TRIAXJ,  35  CMaalks  IL  l689.^wMif  MlUriJ^r  a  Bint.       [St(£ 

<A,  wh«ve  .«»  •CQ«qnl  was  gifcn  to  his  ma- 

jaty.  of  tile  trosMe  tlie  city  was  in  almiit  the 

deddoD  of  sheriffs  upon  the  declaration  these 

men  had  diede  of  aa  election.  AU  the  learn- 
ed at  die  boaidy  and  ^e  king's  attorney, 

dedaved  thai  the  prooeeding  of  the  sherins 

was  no  act  of  the  body,  kmt,  as  to  kgal 

effiect,  ahsohHeW  null ;  but  yet  criminal,  as 

bein^  done  witnout  and  against  lawful  an- 
.  thonty.    And  that  the  lord-mayor,  the  head 

of  the  body  that  was  to  elect^  could.aloue 

direct  and  declare  the  election ;  and  ^Mt,  at 

the  neact  meeting  of  the  oommon-luJl,  he 

oofi^tto  proceed  de  ifUegro^  as  if  nothing 

bad  been  done ;  as  their  nscis  whensherifiv, 

diosen,  fine  off.     The  qnestioa  depended 

wholly  npon  that  of  my  lord-mayor's  power 

to  a4|oum  the  common  hall ;  and  sir  John 

Moore  was  eztnpmely  dimatiiified  and  uneasy 

about  that,  being  what  divers  citizens  hsd 

told  him  he  could  not  do.    The  lord  chief 

jiutioe  Nordi,  a  privy  oounssUor,  was  so  far 

frnm  making  any  doabt  of  that,  that  he  said 

to  my  lord-mayor,  he  need  not  be  at  all  con- 
cerned ;  for  the  question,  was  irivotous  and 

HDpndent,  or  to  that  effect.    Thereupon  sir 

Jonn  Moore  caKft  towards  the  place  where  his 

hyrdship  sat,  and  with  a  most  submisa  coun- 
tenance, desired  to  know  of  hia  lordship  if 

lie  woidd  be  pleased  to  give  it  under  his 

hand,  and,  contrary  to  the  expectation  of  all 

present,  his  kvdahip  said  yes ;  and»  takinj^ 
'  the  jMB  and  naper  before  himj.  wrote  bis 

i^musn,  that  the  lord-mayor  had  power  to 

a^nm  the  common  hall  to  what  time  and 

plaoa  in  the  ci:^  he  thought  fit,  or  to  that 

etfect,  audft  settmg  his  huid  to  it,  gave  it 

to  sir  John  Moore.    Now  the  courtiers,  that 

woPt  more  nned  to  sneakers,  than  to  men  of 

dear  courage  in  a  dear  cause,  esniepled  his 

lordship  would  have  shuffled  off  mis  setting 

hjn  fanad ;  but  the  readiness  of  doing  it  verv 

much  confirmed  sir  John  Moor,  and  exoetii- 

iagiy  pkasiBd  the  king* . 
f  Bat,  tor  the  better  counteonnoe  of  sir  John 

Bfome,  it  was  thought  fit  that  his  majesty  in 

council  shoidd  order  him  to  do  bis  duty  in 

tiie  mty ;  and  themopon  an  order  was  made  i 

that  M  should  ptococd  to  the  election  of 

aberiffii,  according  to  the  ancient  usages,  of 

^le  city.    This  mer  the  author  inserta,  in 

the  nenr  words,  into  his  History,  intoning 

that  it  snould  seem  as  if  the:  d^  affairs  were 

smvemed  wholly  at  Whitehall:  whereas  ne- 
tting is  more  usuaL  than  for  the  long,  by 

svder  cfprodamation,  to  enforoe  laws,,  and 

mnire  magistrates  to  do  tiidr  duty  accord- 
ingly ;  and  this  wan  no  more.    Then,  at.  the 

day,  to  which  the  common  hnU  was  ad- 

jonnied,  the  fiM^on  threw  up  and  made  no 

appearance,  having^  as  they  thought,  and 

iatended  to  insst  upon,  sheriffs  of  ttar  own ; 

so  the  qoastion  of  confirmation  waa  pot  and 

csrriod  affinmatiyely,  and  then,  ^r  the  dec- 
lion  of  sv  Balph  Boxt  which  wia. carried 

dso.    But  B#K  wan  inglited  at  the  double 

ttonw,  far  .m  it  waatarmod^  and  tha^  dis- 


putaa  with  these  Anti^sheriA,  as 
happen,  and  so  fined  off;  and  then  sir  P^ 
Rich  was  chosen,  and  the  dactkin  dechffed 
for  North  and  Rich.  It  was  wondered  at  by 
many  why  the  fiiction  did  not  interpose  to 
trouble  this  lattsr  election,  and,  as  they  might 
haye  one,  joined  one  of  their  own  party ; 
for  it  mi^t  (and  really  it  did  so^  happen  that 
a  Iriend  m  a  corner  had  been  of  great  service 
to  ^em.  But  they  considered,  wisely 
enough,  that  it  was  better  to  stand  the  after- 
game in  parfiament,  which  would  make  dear 
work,  and,  in  the  mean  time,  not  hurt  their 
title  to  two  sheriffs  by  coming  in  for  one ; 
and,  if  they  did,  their. officer  would  have  a 
sour  time  of  it,  having  the  courts  the  law, 
and  the  officers  against  them,  for  the  latter 
would  certainly  obey  my  lord  mayor's  she- 
riff. Besides,  North  was  a  person  so  deter- 
nuued  and  resolute,  and  withal  so  well  ad- 
vmA  and  supported,  that  nothing  bat  blown 
would  be  got  by  contest  with  him.  B^t  all . 
this  was  reasonmg  in  the  dark,  for  the  Rye 
Conspiracy  was  scarce  formed ;  ami  they 
dreamt  nothing  of  such  a  discovery  to  ooma 
upon  their  pwty,  as  foUowad;  dse  they 
would  have  had  a  fiiend  in  a  cosner,  to  bo  a 
spy,,  at  least,  in  the  enemies  yiafiem.  But, 
as  things  were  understood,  the  nest  point  was 
for  the  old  sheriffs  to  get  dear  out  of  their 
office.  Theif  courage  did  not  servo  them 
to  refuse  ddiveiing  over  the  gads  by  inden- 
ture to  North  and  Rich,  as  the  way  is  ;  not 
to  indent  with  their  own  anti-aheriffs;  fin* 
either  way  had  been  an  escape  of  the  pri- 
soners in  ezeeulion  that  had  charged  them 
deep :  Therefore  they  made  a  virtue  of  no* 
CMaity,  and  were  glad  to  sod.  to  Nosth  and 
Rich,  who  entered  upon  their  ofStee  in  Ae 
Msaal  forms.  And  so  ended  this  (M>  after- 
times  inconceivable)  huiry  in  I^mjon  about 
the  sbrievd  dection  in  1,683* 
**  And  noW)  before  I  enter  unon  amp  eeoso' 
q^uences,  I  will  run  over  tne  author's,  ac- 
count of  the  matter,  which  is  very  brief^  bu| 
not  so  brief  aa  mdicious ;  ibr  hia  aim 
throughout  is  to  make  such,  a  sham  repre- 
sentation of  it,  as  the  whole  procei^teg  may 
appear  one  continued  net  of  aibitrary  power, 
and  nnrighteous  onpuwcion  olf  the  dt^r  fiiee* 
dome.  It  seems  that,  after  Bethd  and  Gor- 
nish»  the  sheriffB  of  the  year  1680,  ef  scan- 
dalous memoiy,  the  loyd  dtizena,ifaBau- 
tlior's  couit  party,  instrudsd,  by  theic  bcha- 
viour^  what  was  to  be  expeoted  if  the  soma 
Ihotion,  thnt  set  up  them*  shonJd  set  np 
otheia.  as  bad,  maoe  dl  the  streng^  they 
conid  to  oppose  the  choice  of  Pffldnglon  and 
Shute,  but  u  vain ;  and  fi|e  author,  justtfiea 
the  fantion  for  going  on  at  that  rate,  aaiping, 
•  tbdr  liFs«  and  liberties  depended  upon  that 
<  dtoicn/  He  must  think  sove  that  hia 
ftxendsknev  themselv^qbnoxiotfsand  de- 
SflTving tobe hanged, or  e^.that  4in  iNNRt 
had  resolved,,  right  or  wvangi  to  bang  them ; 
how  dsa  oamorthsA  choice  to  bp  so  fatd  be* 
yondaiqr  oAfiTf  aa  if  Bibs;  Atroponwdtfii  tf 


sor]     STATE  TMALS,  95  Cfl AftLss  II. 

cut  all  their  threads  P  'But  it  teems  the  city 
begttn  to  shew  a  loyal  dispositiioD,  and,  tor 
lh«  credit  of  youth,  who  are  sometiiiies  mis- 
takeh,  but  ever  forwardest  in  actions  of  (fire- 
supposHi)  general  good,  it  fell  out  so  in  the 
city  that  almost  all  the  apprentices  were 
fcryai,  and  had  a  fancy  to  make  a  feast,  and 
entertain  some  of  the  court ;  whereupon  ve^ 
nison  was  sent  them  from  the  king's  parks, 
and  some  great  men  dined  with  them.    Tliis 
the  author  oaAls  a  meaner  condescension,  to 
which  he  adds  this  dutiful  sentence,  It  was 
tiiooght  it  Was  no  lesH  than  encooraging  ser- 
vants against  theh'  masters.    The  fl^on, 
and  their  scribe  here,  had  reason  to  be  ofieud- 
ed  that  the  servants  should  presArae  to  be 
honester  than  tbeir  masters ;    and  that  it 
should  not  be  in  the  power  of  the  cankered 
old  crabs  of  the  faction  to  corrnpt  the  youth 
of  the  city,  whereby  to  provide  a  seditious 
succession*:  As  if  young  men,  commonly 
sons  of  good  families,  were  bound  out  appren- 
tices to  trieason,  as  a  mystery  in  whicn  they 
were  to  work  for  their  masters  and  learn  for 
themselves.    But  we  must  not  forget  the 
mystery  of  king  Charles's  greater  conde- 
scension to  stir  up  mischief*  b^wCen  masters 
and  servants,  by  setting  up  the  latter.    8ure 
there  was  some  great  condescention  which 
was  exeeeded  by  this;    and  I  find  it  was 
after  the  electk>n  of  Pilkington  and  Sfante, 
when  the  city  invited  the  king  to  dinner,  and 
the  sherifls  went  on  the  errand.    The  king, 
hating  no  quarrel  to  the  city,  which,  ex- 
cepting the  majority  of  the'livery,  were  ge- 
nerally loyal  and  active  against  the  faction, 
graciously   accepted   the    invitation  ;    but 
withal  was  pleased  to  add,  ^houflfh  brought 
bysudi  unwelcome  persons.    T%is^e  au- 
thor makes  a^  low  pique  in  a  king,  that  is  to 
honour  his  fnends,  and  disg^ce  his  enemies. 
Wonderful  invention ! 
*  But,  to  return  to  our  Midsummer  work,  all 
the  author's  account  of  the  action  in  1682, 
momentous  aa  it  was  to  the  public,  falls  into 
one  short  fiUlaeious  sentence.     ^  The  court 
•  was  very  solicitous  fbr  the  choice  of  new 
^shsrifft  of  London   and  Middlesex,    and 
« earnestly  recommended  North  and  Box.' 
This,  as  It  is  expressed,  is  false :  For  first, 
bow  could  the  court  be  solicitous  tor  the 
choice  of  new  sberiffi,  when  the  choice  was 
to  he  of  course,  and  the  old  eould  not  con- 
tinue f    And  then  there  came  no  recom- 
mendations from  the  court  to  the   city; 
and,  lasdy,  North  was  not  upon  the  foot 
,  of  <choiee,  but  confirmation.    If  he  would 
hava  said  true,    he  would   have  tokl  us 
that   the  *  court   were  solicitous   f  o   have 
the  Ignoranvs  fhctioa  excluded,  and  indif- 
fewnt  sherifb  ^chose,  and  that  the  ioyalliats 
of  all  sorts  set  up  Box  to  stand  with  North 
that  was  drank  to.    And  so  the  people  pro- 
oesded  aa  usual  upon  contested  elections, 
when  the  diithMtwn  was  of  k>yal  and  Igno- 
ramus.    Bat.  savs  he,  the  hearts  of  the 
ctdzenawframrspilioAaiidDtihois.  This 


iSSS.-^lHai  ^Ifmaa  Pilkhgiim    [SOS 

is  false  also:  And  the  cheat  Ket  in  the 
word  citizens,  for  that  stands  here,  aa,  on 
other  like  occasions,  the  woiil  people,  a 
part  Ar  the  whole.  For  a  party  rabble  is 
always  his  people,  so  here  a  prevailing 
party^  of  a  packed  livery  are  the  citizens  for- 
sooth ;  ahboogh,  even  of  them,  the  valae  or 
the  loyal  party  exceeded  the  tate  on  th« 
opposite  side.  But  it  may  be  affirmed  of  th« 
citizens,  in  general,  that,  bad  they  been 
polled,  ^tigste  had  been  ten  for  one  against 
the  fhction  at  that  time.  And  that  was  seen 
in  the  choice  of  aldermen,  fbr,  of  about  SO, 
there  was  but  5  with  the  factk>n ;  and  thos^ 
magistrates  were  chosen  by  the  inhahitaats 
at  large,  in  the  Wardmote  court.  8o  just 
an  account  of  the  citizens  have  we  here ! 
But  what  ccmes  now  ?  <  This  occasioned  & 
'  riotous  controversy,  the  lord-mavor  com- 

*  plying[  with  the  court,  and  the  old  sheriffii 
'  resolving  to  assert  the  rights  of  the  city.' 
Is  not  this  the  marrow  of  the  dispute  f  What 
can  be  the  meaning,  but  the  court  and  th« 
lord -mayor,  hy  force  and  violence,  set  up 
sheriffe,  and  would  allow  the  city  no  election 
at  all  ?  We  are  got  beyond  the  recommend- 
ation of  the  court ;  that  consisted  very  well 
with  a  free  election  without  tumult,  tboneh 
my  lord-mayor  with  his  influence,  took  tlic 
court  side;  so  the  matter  must  be  right 
down  force,  as  I  said  before,  that  shonkl  stir 
up  the  shernffii  to  assert  the  city's  right  to 
elect.  For  he  takes  no  notice  df  the  di^nc  - 
tion  of  confirmation  and  dection,  nor  states 
the  pretences  of  the  party,  as  a  just  writer 
should.  Nor  was  there  any  riot  at  all,  but 
that  of  the  sheriflb  acting  unwarrantably,  aa 
was  shewed. 

'^  But  he  goes  on.    ^  Hence,  on  the  ekctku 
'  day,  a  great  noise  and  clamour  was  naade ; 

*  the  Whig  parl^  being  more  numerous,  the 

*  lord-mayor  af§oumM  the  common  hall.* 
-  Tg  set  aside  the  great  news  he  tells  us,'  that, 

at  a  popular  contested  election,  there  was  a 
great  noise  and  clamour ;  we  must  not  allow 
him  his  pregnant  word  hence,  that  carries  an 
assertion  of  a  force  upon  the  city.  For  it 
refers  to  the  former  words,  which  plainly 
imply  it,  and,  consequetitly,  is  a  very  great 
falsity ;  tor,  at  most,  the  business  was  the 
form  of  the  election,  which  the  two  parties 
contended  upon.  But  that,  which  fi)llows, 
is  an  artificial  and  solemn  fouber^'.  The 
Whig  part}'  being  most,  the  lord- mayor  ad- 
journed, &c.  Doth  not  that  affirm  that  the 
lord- mayor,  finding  the  numbers  against  him 
upon  the  square  at  the  election,  unjustly  ad- 
journed. Sec.  that  they  might  not  carry  it. 
Which  is  the  most  egregious  falsity  ;  for  be 
fuyoumed,  because  the  hall  would  not  do  him 
justice  by  confirmation,  which  was  his  right ; 
nor  did  any  law  oblige  htm  to  agree  any 
thing  to  them  who  would  not  do  him  common 
justice.  And  must  any  one,  a  stranger  to  this 
affiiir,  think  this  good  lord-mayor,  one  of  the 
most  treacherous  and  tyrannous  men  in 
the  worldy  for  stopping  a  Gbaioa  heoavaa  bia 


M9]    '    STATE. TRIALS,  35  Chablbs  It.  iBSS^^'^iUt  oih€r$,fat  a  KM.        [2ia 


lide  had  fewest  >oices  ?  O !  that  the  Whi{^ 
party  had  uercr  really  and.  truly  done  that 
which  this  writer  falsely  charges  upon  the 
ceod  sir  John  Moor !  But  we  must  not  stop 
ken.  Bat  the  two  sheriflEs,  thinking  that  to  be 
anarhilraryactforinterruptinffaregulareleiy 
tioB,  weat  on  with  die  poU.  Who  made 
them,  that  are  officers  of  the  crown,  and  not 
of  the  corporation,  judges  to  say  what  was 
iriritraryiind  regular  in  the  proceedings  of 
the  lord-mayor,  aldermen,  and  citizens  cor- 
for^Uter  eongregati  f  It  is  just  as  if  one 
should  say,  the  sberiff,  at  the  assizes,  thought 
that  the  jodgesdeparting  before  all  business 
waa  done,  was  an  aihitrary  act ;  so  he  oon- 
ibuied  the  assizes  by  himself.  I  suppose 
soBDe  learned  counsel  hath  informed  this  au- 
thor that,  if  a  magistrate  doth  not  please  the 
Whig  party,  he  acts  arbitrarily. 
After  this  the  author  touches  upon  the  com- 
mitiBent  by  warrant  signed  by  24  of  the 
privy  connctl ;  and  that  counsel  was  heard 
upon  Ae  adjournment,  of  some  of  the  fol- 
h»win^  proceedings,  down  to  the  double  de- 
daiatioB  of  the  election,  and  there  says, 
fi^  the '  proceeding,  (on  the  lord-mayor's 
part)  was  thought  to  be  by  no  means  usual ; 
fiir  Dudley  mrth,  esq.  was  only  put  up 
to  be  confirmed,  as  being  duly  elected 
by  the  lord-mayor.  Here  is  so  much 
nbity  and  so  prevaricated,  one  knows 
not  where  to  begin.  First,  the  proceeding, 
as  in  tnith  it  was,  (which  is  here  iaisely  re- 
lated^  was  by  all  means  usual,  and  so  agreed 
by  toe  adversaries  bating  a  few  disoonti- 
BoaBees ;  only  they  were  pleased  to  call  that 
usage  an  osurpation.  Then  next,  here  is  no 
aecountof  this  mysterious  *  confirmed,'  bntby 
my  lord-mayor '  duly  electe(1,'«whicb  is  false 
sdso ;  for  the  lord-mayor  did  not  pretend  to 
^ect,  hot  to  point  out  a  person  whom  (if 
elected)  he  should  approve,  as  hath  been 
ahewed.  So  here  is  a  scandalous  account  of 
the  proceeding,  as  far  as  the  author  intends  it 
ahoold  be  understood^  he  conceals  the  whole 
«»aterial  truth  of  it ;  and  that  is  a  worse  cheat 
than  all  the  other,  misrepresentation.  For  he 
iiath  aappresscd  the  whole  story  of  the  custom 
and  ceretnony  of  drinking,  with  the  reason  ; 
which  is  a  subject,  not  only  necessary  to  be 
ezpbined  in  tlie  history  of  this  ^risb,  but  is,  of 
itself,  as  remarkable  as  any  thing  that  can  be 
telftted. "  If  he  iiad  pleased  he  might  have 
passed  fay  the  whole  matter,  and  (as  was 
said  of  the  tumultuatin^  Jews  about  ques- 
tiona  of  their  law,  so  of  the  citizens,  about 
auestions  of  their  customs)  we  had  indulged 
him  on  account  of  brevity.  But  he,  with 
his  thinkings,  and  'tis  thoughts,  comes 
nmhd  to  a  dedsion,  and  condemns  the  lord 
nmror  and  loyal  citizens  for  coUeaguers 
with  the  Court,  to  usurp  arbitrarily  the 
rigfatiT  of  the  dty,  and  rob  them  of  their 
dection ;  while  the  food  (gnoranius  sheriff, 
and  his  Whigs,  with  a  public  spirited  re- 
sohition,  stood  up  and  maintaine<l  the  city 
ciffati  against  those  traditorian  C|ourt  slaves. 

VOL.  JLX. 


And,  all  this  while,  no  mortal  can  ooUest 
from  a  word  of  fact,  so  as  to  guess  whai 
the  matter  of  these  great  stirs  was.  And* 
from  a  comparison  of  his  words  with  th« 
fact,  aU  this  appears  to  be  of  itself,  not  only 
&lse  but  maliciously  tincted  with^  words  and 
names  to  look  like  truth  s  and  so  pretending 
to  a  relation,  is  unintelligible  and  dark,  ta 
the  intent  that  folks  mayimatt^ne  whatia 
not :.  such  is  our  Complete  tiistory !  Let 
the  following  passage  speak.  <*  The  mayor 
heard  the  lawyers  aigue  the  regularity  of 
the  late  adjournment,  bat  coming  to  no 
resolution,  the  Court  was  again  a4joumed.,'* 
Here  is  falsity  and  contradiction ;  for  the 
.  point,  apon  the  first  arguing,  was  rasolved. 
and  the  hall,  then^pon  aiyoumed:  and 
fwying  here  that  the  Court  was  again  ad- 
journed, admits  a  resolution ;  for  whether  if 
might  be  done,  or  not,  was  the  question. 
But  tlie  author  is  not  pleased*  though 
the  point  was  cleared  to  the  satiafiMtion  of 

.  all,  to  have  it  determined,  but  rather  remain 
a  moot  point  in  bis  History,  or  yet  i*ather  be 
condemned  by  virtue  of  *  'tis.thought.'  The 
rest  of  this  }>aragraph  trifles  and  shuffles  in 
matters  not  worth  notice ;  and  then  he  con- 
cludes that  Mr.  Dudley  North  was  sworn 
upon  the  hustings,  which  is  false  ;  for  he 
was  n<)t  there,  nor  sworn  till  a  good  while 
af^er  that  be  was  sent  for  to  the  court  of 
aldermen,  and  oommaiidcd  to  enter  into' 
bonds  for  taking  the  office  upon  him.  So* 
this  shot,  made  though  at  nothing,  was  by* 
guess,  and  flying. 

<*  I  have  now  given  a  representation  of  ih* 
Author's  falsities  and  concealments  abou^ 
tliis  momentous  change  of  the  city,  and^ 
consequently,  of  the  whole  nation.  Ha 
liath  afforded  us  only  a  few  sideling  and 
libellous  sentences,  and  for  that  reason, 
affectedly  dark  and  imperfect ;  suppressing^ 
as  I  noted,  all  titie  true  motives  and  depen- 
dances  belonging  to  the  proceeding.  Ha 
would  have  the  business  look  black  on  tha 
Court  side,  havinff  occasion  for  abundance  of 
such  arbitrary  doings,  as  he  labours  to  dress 
them  out,  in  order  to  extenuate  the  ensuing 
rebellion  ;  which  is  the  true  reason  for  this 
liis,  otherwise,  unaccountable  conduct.  Wa 
have  had  already  much,  but  shall  have  more» 
of  the  like  design  afterwards.  But,  as  to 
this  transaction,  that  I  mip^t  clear  up  ,hia 

.  mists  and  mishanes  of  thmgs,  I  thouffbtit 
necessary  to  make  an  entire  relation  of  my 
own,  which  1  have  done  out  of  pure  me-i 
mory;  and  think  myself  not  wholly  un- 
quanficd  for  it,  being  in  those  days  carious 
and  active,  and  seldom  absent  at  any  of  tha 
turns.  But  having  no  thought  of  ever* 
being  provoked,  aii  I  am  by  these,  wor^ 
than,  falsities  of  the  author,  to  recollect  par- 
ticularly matters  that,  in  those  times,  I 
looked  after  chiefly  for  diversion,  I  kept  no 
journal,  or  notc^  of  times  and  particularities 
as  they  succeeded.  Nor  have  I  acce^  to, 
any  otfi«ss  where  I  might  gathar  from  tha 
P 


»n].  STATE  TWAlA-aiC«48l.f«n.J«8?^T'^?^7»fiFf«W¥M«f»    t««. 


ocigina]S|  t)iat  is  orders,  '4ecl9Jr|itioii8,  i^id 
the  like,  wbat  b  needful  fbir  a  just  register. 
Therefore  I  am  seusible  that  mms  punc- 
tualities are  here  waptlpff,  wuicuTlf^ish,  I 
could  supply.  &at,  as '  ^^  ^e  g^qss  otejiifi, 
and  the  maufer  of  fact,  \  an)  secure  of  naving 
clone  justice ;  for  H  welj  ofeserYed  ^heip, 
and,  ^t^hink^  shall  never  forget  the  m^- 
ierial  pai't.'^    £xamen,  p.  595*. 

Cf  icerninf  these  transactions  it  may  reason- 
ably be  conjectured  that  the  ordinary  ^eigrit 
<»f  ftoger  xVortb's  political  partiality  was  aj^- 
^yated  by  the  consanguinity  be^if een  hifn 
apd  sir  Dudley  North. 

Of  the  tame  oocnrrences,  the  foUovring  p«8- 
'  ngesy  extracted  from  Narcissds  Lirttrell't 
itik  "«  Brief  SstDrical  Relation  of  State  Af- 
iiirt,"  in  the  Libmry  of  AUSouli»coH^,Ox- 
iM,  fitniish  a  simple  and  apparently  Impar- 
tial nonative,  the  eflRect  of  whicb  is  enhanced 
(v  contrast  with  the  p*rty  vehemence  of 
mrtlft'8  reoresentations,  and  the  elaborate  af- 
fecti^ion  of  bis  forced  and  dedattiatory  style : 

^""Jonej  lj681.  The  24th  was  the  day  for  t)ie 
election  of  sbenfis  and  ofEcers  for  the  city  of 
London,  the  IJyery-men  of  the  serej^al 
eompanies  appeared  in  an  extraordinary 
BuCnner  at  the  Guild  Hidl :  the  lord  mayor 
cud  court  of  aldermen  being  come  upon  the 
I^ustingji  they  proceeded  to  the  election; 
the  persons  in  nomination  for  sKerifTs  were 

i(r.  alderman  I^Ikington,  and  Mr.  Samifel 
ihute,  Mr.  Ralph  Box  and  Mr.  fiumpbry 
Kicolion  ;  M)r.  Pilkington  was  first  put  up, 
who  having  apparently  the  majori^  of 
fbices,  was  dfrlared   duly   elected ;    Mr. 

.  I^ufe  with  some  contest  was  put  up  next, 
llpd  then  Mr.  Box,  but  Mr.  Shute  carried  it 

'  ty  nuich  to  appearance,  yet  those  that  were 
for  Mr.'  Box  demanded  a  poll,  which  was 

'  ^nted  and  clerks  appointed^  and  i|coord- 
Higly  the  poll  began  which  ended  t)iat  day, 
^nd  Pilkington  and  ^ute  carried  it  by 
t)u'ndre<ls  of  vuces. — Sir  Thomas  Player 
Vk-as   then  also  continued  chamberlain  of 

.  X^nd9n  unanimously. — ^There  was  a  very 
ercat   appearance  of  Liverymen,  and  tiie 

[  Court  had  made  wlmt  Interest  they  could 
Inat'tbey  might  ^et  die  persons  set  up  by 

'  them  CSox  and  Nicolsonl  chosen  for  she- 
pffy,'  Tl^e  poll  wais  closed  the  24th  at  night, 
and  tb^  97  th  was  a  common  hall  again  for 
declaring  the  sberiffii ;  and  on  the  poll  al- 
derman Pilkington  had  3^4,  Mr.  Shute 
3244,  Mr.  Box  1,266,  and  Mr.  Nicolson 
84  ;  so  that  alderman  Pilkington  and  Mr. 
^bute  were  declared  duly  elected."  ^ 

•  As  to  this  election,  bishop  Kennett,  vol.  3, 
£.  391, 2nd  ed.  says,  *<  The  king  was  resolved 
y  e&^rcss  his  diijplcasure  at  it,  and  therefore 
vhen,  on  October  13,  sir  George  Trcby  and 
thtisc  two  shciifls  were  sent  to  mvite  his  ma- 
jesty in  tlie  name  of  the  city  to  do  them  the 
lionour  of  dining  at  Guildhall  oa  the  28th, 


<  1682,  Jun^.    Tl^e  24th  UeiQg  Xhp  una}  ^j 
for  ekctipff  of  sberifisfor  the. city  of  Lpv^do^^ 
oj^uiy  of  we  fiv^ry  men  appeareu  at  Guil^* 
^  ;  One  party  crying  ujp  CJforth  «nd  BqX 
ai)d  t^e  ^tner  pij^bois  and  pi^iUiop  *,  ^u^  a 
po^l  being  desired  and  grant^  itb^t^^ 
i^meho^rs;  ^nd  tl^en  ^war^s  tbeevw^g^ 
the  lor^  mayor   cam^  ^aA  difipkBed  ili« 
court,  orderinjz  tjbem  to  (^pear  on  Ti'u^iy 
next;    Qot\^itnstandi9g  whicl^  tl^e  ^heridf 
still  held  on  the  court,  and  the  Xl}f^  PAity 
cried  out  a  Hall !  a  U^ll  (  and  eoi^m^upd  on 
the  poH,   and  there  was  some  xind  of  t!ot 
and  tumult  comini^ted  i^  ^e  jkw  ;  Bm  at 
last  tJb®  sheriCTs  ^l^  adjourned  th^cQUi;tt^ 
Tuesday  next  ^  njne  ^r  tlieVlov^* 
'<  But  the  9.5tb  tl^e  lor^  9)f^yor  i^en^  ap4  <^9W 
plained  to  bis  ij^i^esty  against  the  ^^eri^ 
who  beine  sumngioned   to  appear  tt  tli« 
council,  they  did  accordingly  the   26th  $ 
and  beins[  thought  to  be  promoters  apd  up- 
holders oT  a  riot ;  th^y  were  cou^mitted  bv 
order  of  council  to  the  Tower,  aju^accoc^ 
ingly  conducted  thither  in  then:  ^o^u^es  by 
ibur  yeomen  of  the  Guards,  only  tl^()^H£^  ^^ 
city. 
"  It  IS  observable  in  this  election,  ib^  the  l^urd 
mayor  insisted  ou  his  right  of  chuifing  osi€ 
of  tl^  sheriffs  himself  by  drinking  tol|iio^ 
which  he  had  done  to  Mr.  North  ;  but  tbi# 
the  greater  part  of  the  coipmo^-hall  w^r« 
against^  and  vjrould  not  confirm  luin. 
'^  In  the  tranaactiofi  of  the  late  electi(ii|  c»a 
Midsummer-day  qf  the  sheriffi^  some  thi^g* 
are  remarkable ;  as  first  the  lord  nw^y^r'n 
precept  to  the  several  companies  runs  m  an- 
unusuU  form,  viz.  as  well  for  the  confirqia^ 
tion  of  the  person  who  was  by  him  chosen,  t<^ 
be  one  of  t|ie  shprifis,  &c.  as  fpr  the  el^ 
tion  of  the  other,  of  the  said  ^erifis,  6c<^  | 
whereas  former  sumnions  was  to  the  meqn* 
hers  to  meet  and  chii^  sheriffs  ,  aa4  then 
when  this  person  was  put  up,  it,  waii  only  £>• 
con()nna.tion,  but  this  the  common- hall  wat 
alisolutely  against,  and  cried,  Ko  con%8(iA- 
tion,  no   confirmation!  l^he  common  haU 
also  returned  thanks  to  the  two  present  she* 
riffs  for  the  faithful  discbaif^  of  their  officie. 
"  June  27th.   The  court  of  Hdnf(u  Qench 
granted  a  Habeas  C/orpus,  to  brmg  up  th< 

his  mt^esty  Q^ve  them  this  rebuke :  *  Mr.  Re- 

*  corder,  an  invitation  from  my  lord  mayor  and. 
'  the  city  is  \  cry  acceptable  to  n;ie ;  and  to  ishew 

*  that  it  is.so,  notwithstanding  tbat  it  is  brought 
'  by  messengers  that  are  so  unwelcome  to  me  a^ 
'  these  two  sheriffs  arc,  \  et  I  accept  it.' 
**  His  majesty,"  proceeds  the  bishop,  '*  1mi4 
before  condescended  to  a  meaner  thing  by 
distiu^ishing  the  loyal  apprentices  of  London, 
and  giving;  a  brace  t)f  bucks  for  a  dinner  at 
Sadler's  Ilall  on  x\ugust  4th,  and  sending  rnsiny 
of  the  prmcipal  courtiers  to  diu^j  with  them, 
directing  his  son,  the  duke  of  Grafton,  to  be 
one  of  the  stewanls  for  another  year:  all 
which  was  thought  no  less  than  to  encourage 
servants  to  oppose  their  masters." 


i 


lis]    "  8TAt£  TRIALS,  s'j  CdAUtt^  If.  iSM. 


Ami  dMft  TlMNdri  wktch  i»ilfl  retilhiflfbte  im- 
\aiakmA^  ;  4ttfl  the  Lieutenant  oF  the 
IVl^ei' Mug  sert«d  l^eAretHih,  thbiight  fit  to 
tike  no  notice  thereof. 
%  Tlie  ^6th  tlMB  tfheHlR  Of  Lona6n,  Mr.  Pit- 
ld]ifft|Mi  tfd  Mr.  Sbilte  wei-e  bH)ag4it  tib  from 
the  Tbwer  o^  Inondoii  to  tile  eoiirt  of  KM^'s 
Bcndi  on  a  iefcoiid  H«be&i  Cot-ptk,  ind  de- 
iitc^  by  their  ooUneel  to  be  biiiled  ^  biitMr. 
AtHfiney  QenerAl  exbihitib^  an  bfornia^ion 
Aen  in  oouit  agaimt  them  roi'  (he  said  riot, 
Ibr  wlli<^  they  we^e  committed,  they  pleatled 
ftst  toit»  Kot  Goflty  (in  which  aidd  idfbrroa- 
tinii  there  were  abotit  forty  olh^r  perions 
meiflhMiell  lid  rioters ;  a4  ^d^rman  Henry 
Cornish,  rtr  Tbomils  iBoM,  sir  John  ShoHer, 
lord  Gre^  bf  Wart,  atd^ihan  Ellis,  John 
Tteilohtrd,  ^.  laid  others)  tHen  thev  #ere 
admitted  ttf  bail^  Whd  were  Mr.  James  Hayes, 
Mr.  Midinel  GMfref ,  Mr.  Benjdhin  Ood- 
,  mid  Mr.  John  Biiaden  ;  the  princt- 
were  bOdnd  in  S,000/.  a  piece,  and  tlie 
b  1,000^.  e«cb^  Itt  desire  of  the  Attor- 
ney General. 

Jttfy  ath.    The  ciame  djnr  beib^  the  Mst  day 
of  <be  term,  thfe  ^herifis  app^iired  etlHf  at 
tliecotirt  of  Ksiig:'*  0ench,  and  h$d  Aeir 
i^ipearance   reeorded.— And  it   bemff  the 
ocy  appointed  for  the  eleetion  of  sfaeiifis 
neceranr    to    th6   IMe    lidjoartitotet  by 
tlie  l0rd    noaycnr,    th^    sheriffir   appeared 
nir  the  InlBtiB^,  aftd  the  citLzens  in  great 
BlAuheiitf,    bnt  tfie  I6rd   may6r  lleih|f  in- 
disMaed,  Mr.  Reeotder,  W  his  lordsbip's 
OT«er,4iedtte(lil  wtHllfisrlo^hip'd  desire  that 
ihepoU  aHoiild  be  adjbiimed  Ol  Fri^jr  the 
Tth  ;  whiereateti  the  ^heriflii  donanding  of 
the  cotoOMNi-han  if  they  weto  williiff  to 
defer  it,  tne  nl^  part  were  ifgahkit  it,  so 
tfaejjr  firoeeedipd  itt  the  p6tt  ibr  some  hours ; 
which  bong  finished  tfnd  east  op;  the  com- 
ami-hattiifsbtiti^tohave  th^  pbll  declared, 
jflie  «hertfls  did  llecordingit,   Mr.   North 
1^7^  Mh  ^kA  .l,to9,  Mr.  PapiHtoll  3,754, 
wBAJtkt.  DoMi  S,7d9  ;  which  twd  last  har- 
ti|g^  life  ttU^/t^rBCt  weM  deidared  sheHffe  ftr 
^hft  ]fenr  $s&mat  %   Aiid  their  proceedings' 
^MeerMcd  to  be  recorded br Mr.  Town- 
^iBi1[,aMlbeiirthe6dfiMlMitt-bidlbf6ke  up: 
Dttinuf  this  day 'tf  proceedings,  four  oonkpa- 
nies  of  the  frailied  Minds  were  on  the  gfoard. 
^  The  rtil,  the  kffd  mayet,  seme  of  tM  sd- 
devufett,'  talk  tlie  kittens  on  ihtft  side  met, 
early  at  G«ttd-haH  (MtWiftstteidingthe  pro- 
^seediqpl^on  Wednesday)to  proibeed  on  the 
poll ;  ti  which  the  dllier  party  hanng  no- 
tiee,  iMtdiey  should  be  stripA  of  their  pri- 
fUegiea,  «aiif^  to  Gcdid-hall  in  great  nu|n- 
BeM ;   4nt  a  difli>uto  arising  between  the 
BBsy^  Aid  aldermen  about  his  preteAded 
.a^oominettt,  some  IttwVers  were  sent  for  to 
decide  it,  sirCtoerge/effefysitodlirr.  San- 
deniii  beMf  «fthe  loi^d  mayor.  and^Mr.  . 
WiBinaBS  aftd  Mi^.  Pbllexte  fbr  the  sherifis, 
who^debileitAiettlatier,  Mt  coming  to 


no 


iteie^.  «to  idM  >My<Mf  fuiOidf  adjiWoed 


Hi^  cbfitt  tfR  this  day  seven-nfgrht  beinir 
tB*i4th. 

<<  The  l4th  a!^ihift  bommon  halt  met  in  g^eit 
-ntiraberS  at  Ghild-hall :  the  lord  mavor  and 
aTdemlen  beidg  boiine  upon  the  Hustings. 
Hid  majest^^s  order  iii  couticil  was  read, 
And  tlieri  the  ford  mayoi*  infitistM  on  tiis  nri« 
▼i!e|^,  and  d^tdred  Mr.  I^^inii  t6  be  sW 
rifr,  which  the  Cbri^ihoii  halt  would  by  no 
iil^ns  adihii,  bdt  cribd  but  fio  f^ortb,,  ne  , 
rforth,  no  confirmation :  but&  Papiifioii  and 
Dtibois :  ^en  the  ftbenft^  telling  the  conif* 
itiod-half,  thet  w^  by  kis  tidaje^  's  order  t» 
poll  anew  fsalTO  jure  tb  the  last  poll)  tliey 
beenn  td  proceed  ilt  four  in  the  afternoon  to 
pot)  for  ail  fobr,  which  the  loWf  ohavor  hter- 
m^  of  eittue  and  ai^ourned  the  p<A igaixt  till 
to-morrow  feren  of  the  (;lock.  , 

''  The  15ih  according  io  yesterday's  adjourn- 
ment bv  the  lord  mayor,  the  cottwnon  kali 
dissembled  and  tbey  proceeded  to  the  poll : 
the  sherifiiB  had  books  to  take  it,  to  also  sOme 
appoifiiea  by  the  lord  mayo^  took  it ;  the 
sheriifb  wodld  poll  fbr  all  feur,  the  imd 
tnayorfor  but  three, -saying  Nordi  was  al- 
reiidy  chosen  (though  it  is  said  his  lordship 
consented  to  poll  for  ad  four,  but  ailerwanui 
thought  fit  to  alter  his  blind,)  the  books 
behig  closed  ilbd  east  lip,  ttie  sherifis  ctoie 
upon  the  hustings  and  declared  how  it  was 
in  the  books,  North  lot,  Bot  173,  PaDitlio^ 
9,4813,  Dabois  9,491  ;jaid  a£:aiDstconfir|na- 
tion  9,414:   So  thd  Papillion*  4nd  puboia 
were  again  decUred  efected  sherifis,  ii  which 
Hhere  was  a  great  shout :  Butt  ihelord  m^or 
and  some  61  the  alder^h  cai^ie  afterward 
on  the  hustings,  ^d  dectired  Box  to  be.  ths 
other  sheriff  as  having  the  mt^oritVy  vis. 
1,944  in  ifif  bool:,  and  Fapilliott  ind  Dubois 
but  60  j  after  which  the  sherifis  cauie  agaim 
Upon  the  Httstings,  ahd  declared  Papillion 
and  Ihibois  sherifilt  IVhai  will  be  the  issns 
hereof  time  must  shew ;  Some  nersoos  ars 
ttrangely  exasperated  against  the  lord  mayoc^ 
and  most  blame  him  fbr  ih^  onusuid  prepept 
that  summoned  th^  common  hail,  such  aa 
one  having  been  never  kfiows  befove. 
The  affair  of  the  sherifis  is  thai  Vfhuih 
causes   great  differences;   the  Whig- par^ 
thinkkjg  the  ford  mayor  hath  done  them  ja» 
hn^,  have  brought  actions  of  tlie  case  against 
his  fartlsbip  which  increase  in  number  eve^ 
0ajf;  they  say  that  the  sherifis  were  ever 
the  pro^CT  mani^ers  of  the  poll,  that  the 
lord  mayor  was  wifiing  to  poll  for  dl  four, 
until  a  certain  minister  or  state  was  with 
hito,  (sir  LeoKne  Jenkins)  that  in  a  ^tUe  time 
diere  will  be  a  common  councSt  called, 
and  then  they  think  to  receive  satisfaction 
hi  their  rights ;  but  if  Aie  lord  mayor  shaM 
proceed  to  swear  North  and  Box,  iiey  think 
they  hav«  power  to  turn  them  oat  ac^n  on 
idichaelmas-^y ;   if  all  these  fail,  Uiie}^  ar^ 
resolved  to  proceed  by  way  of  nUindaipos, 
act  of  the  court  of  King's  bench,  to  try  the 
issue  the  next  term. 


n 


^^  Thejtrthbeiiigs  eoo^  /ft sXlii^m^,  ibeA 


£15]    STATE  TRIALS,  ^5  Charlbs  IL  iGh^.-^Trial  of  Tkmoi  Pilkifigi&m    [tl€ 


was  a  numerous  appearance  <A'  the  Uv^ry 
men  at  Guildhall,  *to  have  the  lord  mayor's 
answer  in  relation  to  the  petition  formerly 
delivered  concerning  Mr.  Papillionand  Mr. 
Dubois  their  being  called  to  hold  sheriffs  for 
the  year  ensuing ;  some  of  them  beinf  call- 
ed iui  his  lordship's  answer  was  read,  that 
the  court  would  take  care  such  persons 
should  be  sheriffs  who  were  legally  elected, 
as  also  of  the  rights  of  the  chair  and  of  the 
whole  city,  and  if  things  were  done  other- 
wise, the  law  was  open ;  Some  of  the  livery 
^en  attempting^  to  reply,  that  this  was  no 
answer,  his  lordship  bid  them  forbear  and  he 
gone,  which  they  not  doing  presently,  they 
were  commanded  in  the  king's  name  to  de- 
pa  i*t  ;  and  then  the  court  adjourned  till  after 
JBartholomew  tide. 

**  September,  1682.  On  the  5th  was  held'a 
c^urt  of  aldermen  at  Guildhall,  where  di- 
Tei*s  citizens  attended  and  delivered  another 
petition  to  the  court,  to  the  same  same  sub- 
stance as  the  former,  tliat  Mr.  Papillion  and 
Mr.  Dubois  being  legally  chosen  sheriffs  for 
the  year  ensuing,  they  demanded  as  their 
right,  aud  as  the  oath  of  the  lord  mayor  and 
alderm^  obliged  them  also,  that  they  might 
be  summoned  to  seal  their  bonds  to  hold  the 
said  ofHce  or  fine  off;  then  they  were  or- 
ilered  to  withdraw,  during  which  time  Mr. 
Box  was  called  in :  aud  after  the  citizens 
were  re-admitted,  and  the  lord  mayor  told 
them  their  petition  had  been  read,  and  was 
to  the  same  effect  as  some  formerly  de- 
livered ;  and  that  Mr.  Box  had  been  nnce 
called  to  accept  the  office  of  sheriff,  but  that 
he  had  submitted  to  a  fine,  so  that  now  they 
should  have  another  common  ball  to  elect 
another  sheriff  to  serve  with  Mr.  North,  to 
#hich  some  replied,  they  had  already  cho- 
sen two  sheriffs,  and  would  adhere  to  the 
first  choice,  and  did  desire  no  more  common 
halls,  saving  there  had  been  too  many  al- 
ready about  this  aflair,  at  some  of  which  se- 
veral received  their  death  ;  On  which  his 
lordship  commanded  them  in  the  king's  name 
to  withdraw,  or  they  should  be  looked  npon 
as  tumultuous. 

•*  Mr.  Box's  fininjip  off.  hath  caused  much  dis- 
course, the  Tories  blaming  him  on  the  one 
side,  and  the  Whigs  gathering  heart  on  the 
other,  promising  themselves  success;  but 
the  more  modei-ate  persons  like  not  these 
proceeding's,  dreading  the  ill  consequences 
that  such  heats  and  divisions  may  occasion. 

•*  The  12th  was  a  court  of  aldermen  held  at 
Guildhall,  where  many  citizens  attending 
were  callefl  in,  who  presented  another  paper 
to  the  Court  for  the  calling  3lr.  Papillion 
and  Rlr.  Dubois  to  take  the  office  of  sberifft 
on  tbeau  whereto  thev  wei-e  lawfully  chasen, 
protesting  asfainst  the  election  and  confir- 
mation of  Noi-th  and  Box,  and  that  if  en- 
deavours were  used  to  the  contrary  hereof, 
■uch  proceedings  would  be  a  breach  of 
your  trusts,  and  a  violation  of  the  rights  and 
privileges  of  the  citizens  of  London;  then 


the  dtieens  withdrawing;  a  debate  mnme  in 
the  court  hereon,  which  oocasionii^  toine 
$harp  words,  the  lord  mayor  ordered  the 
fiwora  to  be  taken  ap  and  so  dissdved  tha 
court. 
"  The  14th  was  another  court  of  aldermett  sit 
Guildhall,  where  many  citizens  attending, 
those  of  the  Whig  Party  delivered  another 
paper  to  the  same  effect  as  the  fonnsr  in. 
the  behalf  of  Mr.  Papillion  and  Dubois  ;  the 
other  side  deU%'ered  a  paper  desiring  that 
that  court  would  appoint  a  common-ball  to 
chuse  another    person  to  serve  with  Mr. 
North  already    confirmed ;    then  a   tfatid 
paper  was  presented  hy  Mr.  Kainton  (late 
member  of  parUament  for  the   coanty  fit 
Middlesex)  subscribed  by  many  gentleoien 
and  freeholders  of  the  county  of  Middlesex 
in  behalf  of  Mr.  Papillion  and  Mr.  Dubois, 
which    on   the  other   side   was  protested 
a^nst  by  sir  J.  Butler  and  others,  as  done 
without  then*  consent,  or' (as  they  believed) 
the  majority  of  the  freeholders  of  MiddksejCy 
saying   they  had  nothiifg  to  do  witli  th« 
city's  choice  of  theu*.  sheriffs ;  then  they 
were  all  ordered  to  withdraw,  and  aAer  some 
time  were  called  in,  and  told  that  the  court 
had  considered  of  their  several  {letitions,  and 
would  talce  care  that  such  persons  should  take 
the  office  of  sheriffs  as  were  duly  elected ;  and 
that  in  tins  aud  all  other  things,  that  court 
would  endeavour  to  maintain  the  rights  and 
privileges    of  the  chair  and  of  the  whole 
city,  and  wherein  you  think  we  do  other- 
wise the  law  must  judge  between  us,  and 
were  told  that  the  lord  mayor  did  intend  t« 
call  a  common  hall  on  Tuesday  next  to  ehect 
another  fierson  to  serve  sheriff  with  Mr. 
North,  which  occasioned  some  to  cry,  No 
North,  no  common  hall,  we  ha^e  chosen 
already,  but  they  were  commanded  in  the 
king's  name  to  depart. 

<'  The  lord  mayor,  wben  he  avunmons  a 
common  hall,  usually  sends  bis  precept  to 
each  company,  but  this  time  be  only  sent 
word  to  the  clerks  of  the  companies. 

^^  The  19th  being  the  day  appointed  for  a 
common  hall  to  chlisea  person  to  serve  with 
Mr.  North  for  sheriffs  of  London  and  Mid- 
dlesex, the  liverymen  met  at  Guildhall  in 
great  numbers;  about  11  the  lord  mayor 
and  some  of  the  aldermen  came  upon  the 
hustings  ;  and  the  common  cryer  proceed- 
ing to  make  proclamation,  there  was  so  con- 
fused a  noise  that  nothing  could  be  beard, 
then  the  lord  mayor  and  aldermen  retired 
into  the  council  chamber,  then  the  common 
seijeant  came  forward  on  the  hustings  and 
put  up  Mr.  Kich,  at  which  there  was  sueh  a 
noise  of  No  Rich !  anil  that  they  would  stand 
by  thdr  former  choice,  that  nothing  dse 
could  be  heard,  then  the  sbt'rtffii  came  tor- 
ward  and  put  it  to  the  common  ball  whether 
they  w  ould  proceed  to  a  new  election  or 
stand  by  their  old  choioe  ;  and  much  the 
greater  number  was  for  standing  by  their 
old   choicey   thou^  n^any   people   (it  m 


417]      STATE  TRIALS,  35  Charles  IL  1683.— mid  <dhir$Jer  a  Riot.       [218 


dmghl)  held  theor  bunds  Mlwrvite  than 
tiwy  inteMled,  it  Mug  bardiy  pMsiMe  to 
httrwhat  was  pat  up,  hat  a  poll  being  de- 
vandedyfliid  gianted  by  the  sheriffs,  tbe^ 
adjoamed  it  for  an  bonr  or  two ;  whilst  this 
VM  doing  ibe  lord  mayor  eame  Wun  npon 
the  hastily,  and  dedared  Mr.  Rich  law- 
fiiDy  cbosen, ^though  the  noise  was  so  great 
it  could  not  be  heard,  and  then  dissolved  the 
hall  and  went  to  bis  own  boose ;  about  two 
.  in  the  afternoon,  the  sheriffs  began  the  poll, 
during  which  time  the  lord  mayor  sent  to 
them  to  desist,  for  he  had  dissolved  ihe  hall, 
bat  they  proceeded  ouj  and,  upon  casting 
np  the  books,  found  there  nas  2,082  for 
standing  to  the  old  choice  of  Mr.  Papillion 
and  Mr.  Dubois,  and  35  lor  Mr.  Rich  ;  and 
die  shcnfb  hearins'  that  the  lord  mayor 
came  again  himself,  hastened  upon  the  hust- 
ings and  declared  Mr.  Papillion  and  Mr.  Du- 
baia  legaHy  elected  again,  and  then '  ordered 
the  people  to  depart,  whidi  done,  the  lord 
mayor  caused  the  g^tes  of  Guildhall  to  be 
■hut  up. 

*^  The  next  day  bemg  the  30tb,  the  lord  mayor 
and  seme  of  the  aldermen  went  to  White- 
ball  to  inform  bis  majesty  of  the  proceed- 
ings, and  there  were  some  affidavits  made 
agaimA  the  sberifb,  wherefore  a  council  was 
SDromooed  in  the  afternoon,  and  the  sherifls 
ordered  to  attend,  which  they  dmng,  tbey 
were  told  they  had  proceeded  in  a  riotous 
manner  which  they  must  answer,  and  so  the 
two  flhenfls  gave  a  recognizance  of  1,000/. 
each,  mtid  tea  bail  in  500?.  a-piece  to  appear 
at  the  King's-bench  bar  the  1st  day  <n  the 
neatt  term,  and  to  answer  to  an  information 
tfiere,  and  in  the  mean  time  to  be  of  the 
good  behaviour,  and  so  were  dismissed. 

*'  It  is  thiHi^t  by  most  people  that  Mr.  North 
and  Mr.  Rich  will  take  on  them  the  office 
ef  sherifls  of  London  and  Middlesex,  not- 
widistaoding  their  contested  election,  and  for 
this  end  they  are  fitting  up  OoMsmitbs  and 
Urapers  halls :  these  things  make  some  per- 
sons down  in  the  month  fearing  the  effects  of 
these  two  being  sheriffs  ;  and  scruple  not  to 
say  to  what  end  they  were  set  up  ;  that  if 
the  lofd  mayor  would  chuse  one  sheriff, 
ther  never  knew  any  cotour  he  has  to  chuse 
bote;  ^ley  call  him  a  betrayer  of  their 
rights,  and  are  resolved  to  pursue  the  utmost 
rnnedy  the  law  affords ;  and  some  fear  not 

'  lo  aay  the  ofci  sheriffs  will  not  deliver  up  the 
prisons  to  diem.  These  things  look  ill  and 
are  much  tobefoared  ;  and  the  other  side 
areresolvedto  stand  by  Rich  and  North,  for 
tbf*y  will  have  thein  in  as  legal  officers ; 
time  must  produce  the  consequences  hereof. 

**  The  26th  was  a  court  of  aldermen  at  Guild- 
hdl,  where  Several  liverymen  attendlno^  pre- 
ansted  a  paper  to  the  court  in  the  behalf  of 
Mr.  Papillioii  and  Mr.  Dubois,  very  sharply 
vcpffesenting  to' the  oourt'tbe  breach  off  heir 
trust  and  violation  of  their  oaths,  but  they 
had  answer  returned  them  as  formerly  an<^ 
wcrrcomnnDded  to  depart.  Afterwards  Mr. 


Pteter  Rich  was  called  to  give  bond  to  take 
upon  him  the  OlBoe'of  sheriff,  which  he  did 
accordingly.  Mr.  Dudley  ^orth  sheriff 
elect  by  the  lord  mayor,  sent  to  his  cm* 
pany  the  mercers,  to  demand^  as  usual, 
several  of  their  company  and  officers  to  ac- 
company him  to  Gmldhall  ihe  day  he  takes 
the  office,  but  the  said  company  holding  a 
cotut  thereoii,  made  an  order  that  none  of 
their  members^r  officers  should  attend  him 
on  pain  of  being  turned  out,  but  that  they 
should  accompany  Mr.  Papillion  to  the  said 
hall  to  present  biui  to  be  sworn  one  of  the 
sherifls  of  London  and  Middlesex. 

«  Tlie  29th  being  the  usual  day  for  swearing 
the  sherifls  elect  for  the  city  of  London  and 
Middlesex,  there  was  a  ffreat  concourse  of 
people  at  Guildhall  early,  out  the  gate  there- 
of was  guarded  by  the  Trained  Bands  of 
the  city ;  and  several  of  the  liverymen, 
who  were  kno^vu  to  be  for  Papillion  and  Du- 
bois, were  denied  admittance  until  the  lord 
mayor  himself  came :  about  ten  his  lordship 
came,  accompanied  with  Mr.  North  and  Mr. 
Rich,  and  entered  the  hall;  some  Traineid 
Bandls  also  were  placed  before  the  hustings, 
and  lieutenant-colonel  Quiney,  who  com-i 
manded  them,  offered  an  abuse  to  sir  John 
Lawrence,  one  of  the  aldermen,  by  pulling 
him  down  off  the  hustings  vi  hen  he  was  go- 
ing up ;  who  afterwards  went  to  sir  Robert 
Clayton  and  made  oath  of  the  assault,  and 
had  a  warrant  against  the  said  Quiney,  who 
was  taken  by  a  constable  at  the  head  of  his 
company,  and  carried  before  the  lord  mayor 
himself,  who  bound  him  over  to  the  sessions ; 
these  guards  also  gave  great  dissatislactJOB 
to  many  citizens,  complaining  that  they  had 
a  military  power  set  over  them.  After  some 
time,  the  lord  mayor  and  aldermen  came 
upon  the  hustings;  proclamation  was 
made  for  Dudley  North  aiid  Peter  Rich, 
esqrs.  to  come  fprth  to  enter  upon  the  office 
of  sheriffs ;  they  presenting  themselves  to 
the  court,  the  common  serjeant  began  to  ad- 
minister the  oaths,  when  Mr.  PapilUon  and 
Mr.  Dubois  laid  their  hands  also  on  the 
book ;  but  the  lord  mayor  commanded  them, 
in  the  king's  name,  to  depart  and  keep  the 
peace ;  so  they  departed,  and  several  of  the 
aldermen,  who  wereof  their  side,  went  out 
of  the  court  also.  After  Mr.  North  and  Mr* 
Rich  were  sworn,  they  were  apparelled  ia 
their  fur  gowns  aud  gold  chains,  and  Mr. 
Hastings  was  sworn  under-sheriff^  which 
ended,  his  lordship  walked  home  on  foot, 
with  the  new  slieriffs  and  some  of  the  alder- 
men of  his  party,  ami  were  afterwards  en- 
tertained by  the  new  sheriff<t  in  Grooers'- 
hall ;  and,  m  the  afternoon,  the  new  sheriffo 
sent  to  the  old  ones  to  deliver  jip  the  gaoJt 
and  prisons,  which  they  readily  performed. 

**  It  b^g  usual  for  the  old  sheriffs  to  treat 
the  lord  mayor,  &c.  on  Michaelraas-day* 
Mr.  Pilkington  and  Mr.  Shute  sent  to  hia 
lordship  the  night  before,  that  since  the  city 
was  come  under  a  military  govemmenl^ 


tl9]    STATE  TRIALS^  $5  ChaklbsII.  i6B5^7nial  of  Tkomci  PWghtgl&m    t23D 


«c 


<( 


tbev  thought  it  no  vraper  time  for  fe«^'fie[) 
ai^athererore  should  not  eoi^rtaiii  his  loro- 
ship  to-morrow. 

Oct.  SS.  There  was  klM  a  xtiotibil  (br  a 
Nandflmns  to  be  directed,  to  the  lord  mayor 
and  aldermen  of  London,  for  the  swearingftr. 
Papillioa  afid  Mr.  Dubois  into  the  office  of 
feherifi^  of  London,  but  the  court  ordered 
cause  to  be  shewn  oh  Monday  next. 
Norembef .  The  23rd  of  last  month  brings 
the  first  day  of  the  term,  a  motion  was  made 
at  the  King'S-bench  bar  for  a  Mandamas  to 
be  directed  to  the  lord  mayor  and  aldermen 
of  the  city  of  London,  for  swearing  Thomas 
Papillion  and  John  Dubois  sherifft  of  the 
Said  city ;  but  the  court  thought  fit  to  give 
the  lord  mayor,  5cc.  till  Monday  the  30th 
of  the  same  month,  to  shew  cause  why  a 
Mandamus  should  not  ffo ;  which  day  com- 
hig,  counsel  for  his  lordship  moved,  that  in 
regard  that  was  the  day  the  now  lord  mayor 
entered  on  his  ofiice,xand  was  a  busy  day  in 
the  dty,  they  desired  further  time  to  shew 
cause,  which  the  court  granted  till  Friday 
the  drd  of  this  month ;  which  day  also  com- 
ing, the  court  put  it  off  to  Tuesday  the  7th 
instant,  in  regard  they  were  to  go  into  the 
£xche<fuer  to  the  pricking  of  sheriffs ;  then 
it  came  on  the  7thj  and  counsel  fbr.the  lord 
mayor  objected  that  they  would  take  out  a 
Mandamtn  directed  to  the  wrong  persons, 
iriz.  the  lord  mayor  and  aldermen,  where- 
tts  they  ought  to  direct  ;t  to  the  court  of 
the  lord  mayor  and  aldermen ;  counsel  on 
the  other  side  for  Mr.  Papitlion  and  lilr. 
Doboissaid,  they  desired  nothing  but  that 
ihe  writ  should  go  out  to  the  proper  offi- 
^rs,  and  that  the  matter  migut  come  to 
ft  bearhig,  and  it  was  at  their  peri!  if  they 
took  it  out  directed  to  a  wrong  person.  Now 
the  court  thought  fit  to  put  it  off  till  Tues- 
day next  to  consider  how  the  practice  has 
been  to  direct  Mandamuses  in  such  cases ; 
this,  if  it  were  in  an  ordinary  case  a  Man- 
damus, Would  have  been  granted  on  the  first 
motion. 

*  At  last  the  court  of  King*8- blench  Are  come 
io  a  resolution  in  the  case  of  the  Mandamus 
io  swear  Mr.  Papillion  and  Mr.  Ddbois  she- 
tifft  elect,  and  they  ordered,  the  15fh,  that 
A  Maiidamns  should  go  directed  to  the  lord 
ftiayor  and  aldermen. 

*  An*  alias  Mandkmos  was  granted  the  sfiine 
day  fbr  the  swearing  Mr.  FapilliOtt  aiid  Mr. 

'  JKlbois  sheriffif  of  London."]; 


rOEr  INFORMATION.* 

LoddM,  it. 

{(Bit  remembered,  that  Robert  Sawyer,  Imt, 
Attorney  general  of  our  lord  the  kiag,  who  far 


*  The  original  Indictment  runstbiia: 
"  London  $t*  Quod  24  die  Junit,  anno  reeni 
!Q[>ouiuCaioli0Bciiadi  nuBC  Rcgia  Aogl V  £c 


our  said  lord  tlie  king  in  tbis  bsjalf 
teth,  ooBneth  into  court  ill  his  ^rttperpenov  oil 
Friday  next  after  fifieen  davs  ^  ttie  Hbl^ 
Trini^,  in  this  same  teriBf  and  fbr  oilr  iaid  lord 
the  king  doth  give  ihe  oOiut  bare  td  undentand 
and  be  informed,  that  the  24th  da|r  of iiutef  in  tb^ 

84.  apud  Guildhall  dvit*  London  ousedam  Gur 
assembiatioQ*  civiiun  et  lihieror*  hotilin*  cfvit^ 
London  (community  vocat*  a  Comm&ii  HaUijpef 
Jobaanem  Moore,  Mil*,  adtunc  et  adbile  lla- 
jorem  civit'  Lgndon,  summoiiit*  et  «oiivdcnt* 
coram  eodem  J.  Moore  Mils  M^^ore  mii' 
pnedS  le^ntimo  modo  tetit*  fyit  tarn  dHi  ddiitf 
election' Vic'  civit'  pro  execution'  Oflic*  Yic' 
civit'  prsd'  pro  uno  adnointepv  jirox*  sofneB^ 
post  vigil'  festi  sancti  MichacJu  Areh'  aOtima  et 
adhuc  prox*  futur*,  qnam  proi^e^stion'  divcafaor* 
al'  officiar*  civit'  pned'.iqtlodq;  adtanc  etihideiift 
in  Cur*  prsd*  incept'  fuit  ntunetara  capita  (An- 
glice  to  take  the  F4UI)  de  electorib'  tilnd  eft 
3>idem  prcesentib'  pro  manifestatione  deoliMiis 
personar'  deservitur'  in  oflic'  Vic'  civit^  pfiad' 

Sro  anno  suprad',  quodq;  pned'  J.  Moore  Mils 
la^or  eivit'  pripdict',-  postea  eddem  84  di^ 
JunUanno  r^gni  dicti  Dom'  Regis  nunc  S4  «a-> 
prad'  apod  Guildhall  eivit'  London*  prfed^  m 
paroch'  sancti  Michaelis  BaasUbaw  Laiidon 
pned' legitimo  modo  fecit  et  fieri  caosatitpro- 
cbmaiion'  pro  adjom'  Cm"  ftwd*  me  ot  prMor- 
tar*  tent'  et  adtunc  et  ibid'  pr»d'  J.  Moore  MilS 
Mi^or  civit'  pned',  cur'  pned'  legitimo  naodo 
usque  diem  Martis  tuqc  prdlx'  fiittn*',  aiyomant 
apud  Guildhall  civit*  London  praed'  tenend'^  et 
adtiwc  et  ibidem  post  atyomment^  prsd',  aicut 
prKfertur'  fact'  prsd*,  «F.  Mooje  Mil',  M^or 
civit'  London  piied'  fecit  et  ften  cawsavic  ]pro- 
chunatioa'  jpuolicam  pro  deoeaiion'  omnioni 
personar'  ibidem  ex  oocaaione  prad'asateiUat** 
£t  ttkerhis  idem  Attorn'  dipt!  Domibi  Rteia 
nunc  ^eral'  pro  eodett  Domiibo  Rm  at 
Cur'  hic  inteKigi  et  intdmuiri,  qoMiA  Thoaia* 
PiUungton  nnper  de  London  Ar'  et  StDMiel 
l^hute  nuper  de  London  Ar*  (tiAio  Vic'  iSlvit* 
London'  prttd*V,  el  Henr*  €<mtb  nvati  de 
London  Ar*,  Ford  Donuniis  Grey  de  iVaikea 
Thonuis  Gold  nuper  de  Lokidon  lb',  Johaiinee 
Shorter  nuper  de  London  MH',  TMwb  Player 
nnper  de  London  Mil*  WiMiehnna  OnbtoB 
nuper  de  London  Mil*,  SKnesby  Bethel  ntip^  de 
London  Ar*,  Nelthlope  n«|^  de  ban  - 

don  Ar',  Johannes  Aylifio  nnper  de  LomUns 
Ar*,  Johannes  EUis  naner  de  LSndnn  Ar*,  Fian- 
ciscus  Jenks  nnper  de  London  linMar*,^  Rober* 
tus  Barker  nuper  de  London  Gen*,  Jobnance 
Beagle  nnper  de  Londoir  Pannar*,  Ricbaidae 
Freeman  nnper  de  I^mdon  Catfearins,'  Bcswa» 
min  Smith  nuper  de  Londtn  G^',  Richardus 
Goodenough  nuper  de  Loodoii  Gnn*,'  R.  Kay 
nuper  de  London  Merealor,  Lney  KnigMUgr 
nuper  de  London  Gen*, .  Jobannea  WMkbam 
nuper  de  London-  Gen',  Sanniel  Swynft^k  neper 
de  London  Mercator,  Joabna  Brma  Bmpdf  de 
London  GenS  Jo*  Jekyfl*  nnper  de  Lonriott 
Gen*,  Donnan  Newmaii  nnper  dp  JLondon 
G«n*,  t.  Rnwbnaon  nuperda  Lqwton  Gen*,  T. 
.  CerpenlflrMVerdaLQiMhMt'OeiifyT.Gbailalaia 


m] 


m:hTltVmAM,9ie^knmlll€%s,M.mii4hf^f»MRM.      [t4« 


dyiM-M  Qflb^city  qfLpoOmi,  ^pfm^oooil 
ftrmrpWi^y  t^?  citiza^  anA  ivetmeii  of  the 

4RPiiiMype4  w4  c^llffi  hy  «it  ^.  Howe,  Imgbt, 

Iba  and  y^  VM^W  «f  tli^  cil^  of  io«i4p«»  w^ 


in  « lawful  maiiQar  hM  Move  the  said  nr  Joba* 
Moor^,  knight,  mayor  of  the  city  aforesaid,  a* 
veUibr  the  due  election  of  shenffs  of  the^ty 
aforesaid,  for  the  execution  of  the  office  of  she-. 
jiflToftbe  said  city  for  one  whete  year/noKl 
fodoving  after  the  Yigil  of  thefeaat  of  8l.Michael 


Wfn  de  London  GeaS  Johannes  ^^U  jun. 
napo-  de  |xmdo^  Gc^S  ¥^<  Alsep  iiqper  de 
LoQiloB  GenS  M.  Bl^cito^  Q^HP>^  <^  Mkndoo 
(kn%  Can .  Batiynan  nuper  de  Lon^^n  QenS 
JdwBM  Tr«nchard  nuper  de  London  Ar^, 
Sn*  MiPer  auper  de  London  GenS  J.?rvaa  By- 
M  nnQer  de  London  Qea';  W.  Peachy  nuper 
k  Londc^  G?i\S  et  ^^ardus  F^rring^^n 
ifjper  de  Lepit^n  Ar^i  pniunis^'  Wd'  satia 
^nnS  sol  exirten^  wsr^on'  male  dttppaitS  et , 
wcbhiyi*  et  u&teniki^i'  pacem  dict^  Domini 
Regis  nunc  et  comnmnem  tranquiHitaV  hi^us 
n«  Awl' uiquielare)  moles|aio»  et  pei:t9rb«re» 
^pnr^T.  PiQangton  et  &  Shu^  sob  colore 
ifiqi  ¥1^  crrit'  V»d(»i  pisedS  et  pried^  H.  Cor* 
aik.  Ford  D^mifma  Giey,  T.  Gold  Mils  J. 
S|orier  ^^^  &^  poej^  e^  pgsta4iomament< 

dS  sat  dii^  94  4\e  iuaji  anno  vegn^  dicti 
ini  Hegia  nunc  34  supradS  apnd  pa^roch^ 
t«|c4  MJcbarifn  B.  London  pnedS  «)  Guildh^U 
ped*  ibidein  n  et  annis^  &c.  riotow,  soutoc^ 
ilficile,  et  flis^tios^  49se  cum  ylur*  al*  person*. 
iHaje  difpwiit'i  eti  P?cis  dicU  I>omini  Be^^ 
^KICtii^i^aM^S  rt  num^  g^fle  persons**. 
,4iij^«  dM^JPQlBhii  B|9gif^i^oc  genecalS 
iMpqgnit*  ^fliemblayer*,  congr^gaver^  et 
ni4j^^yet'.9d  pap^  dicti  Domini  Regis  nunc 
yfi;^dhji|»4.«.;  et  sipaa^embMS  oon(pegmt«^  et 
ysdyini*  eiostenS  adtunc  et  ibidem  ¥l  et  annis, 
«p.  Tiprtqee,  voifliHWi,  el  ilHcite,  io.  et  sj^per  pred' 
J.  Hoore.  l|ilS  Bi^i9r'  c^ivit'  pned'  ia  pace  Dei 
ei^acti  Dfun'  Regiftadtunpetibid*  exiatenS  hi- 
a^  «^aQrai|i|n  C^^,  etipaiini  Johapnem  Moore 
Jffi^  MtnaQ  ei.ibifl'  TerbenorerS  Yulneraver^,  et 
n|letnM^^f^>.  ita  q^uod  de  vita  ejua  ma;xim^ 
fejperililftlur:  etpostaii^n^ament'pra^f,etpror 
jIunAt^*  FiraodS  ajc  ^t  lype^fertar  per  prafat? 
4.1ipe9e  ifibl*  M^r'  civit'  prasd*  $M!tf,  ip^i 
nff  T«  Pilkington  et  San^uel  Sbut^,  adtunc 
<i  Mto»  c^tof  ^  officii  8|M  Yic«  dYit^  Lon^kin' 
udl,  ^  ara4'  Hispr'  Cornish,  Ford  QM>ininu#. 
^,  t.Q^JUiilLS  J.  Shorter  Mils  ^^  cnm 
fan^  al*  fMenw^nf  ^dem  Attorn*  dictjk  Doyiini 
fiaB%B||D^  flepaeral*  adhuc  incognitS  pnefiu* 
t/R  efcS.  SMe  ilhcite  et  seditiqse  %ia9lia9<  «|t, 


PiAkipgton»  &  Shute,  H.  Coraiih^  Fo«d  Domi* 
nils  Grev,  T.  GoM  Mils  J.  Shorter  MUS  et  al< 
tunc  et  ftiftdem  pned*  •  illicite  et  male  dispoait^ 
persons  tic  ut  pra^iertur  asseaohiat*  «t  congre*' 
g^t*  vi  et  annis,  &c.  riotose,  routoae^  illicite  el. 
seditioae,  per  spatium  trium  horar*  ad  pacem 
dicti  Qommi  Hegis  nnai;  perturbaad^,  etriol^ 
pr^*  committeud*  excitaver*,  moveaS  pnnaia- 
▼erS  procnraFer^,  e^sdtunc  ^t  Uadem^  per  lolotti 
tempos  pvodidwiK  in  paroeh'  et  varda  pae* 
dicta  GuildhaU  London  prvdS  magnos  rumovet 
damores,  vooilevatioBea  torribilos,  et  inselito^ 
atridpresy  vi  et  wm^  &c.  riojboseV  fqmIousq^  el 
illicitae  tuuBidjtooae,  et  aeditiose  leoer*,  et  fieci 
oftivwver*  ^  ex«iMvrer^»  in  ooi^mpt*  diai  Dn^ 
mim  Regfianune,  leffumq;  auairS  paciaqne  sn* 
pertiirbo^nS  ^  violation*  manifesl«,  ad  magn^ 
pericul*  indtiwd*  etmovend*  tumult*,  eteiuaion^ 
quamplurimmn  sanguinis  iidem,  ad  magn* 
torror*,  in(|aietod*»  et  tin>or*  omn*  ligeoK*  subdit' 
dictji  ]>oauni  Hem»  in  makiip  axemplnm  omn* 
al*  in  tab  ca^n  diSiuquen*,  et  contm  pacem  dicti 
Domini  Regis  nunc,  coron*  et  dignitat*  mufm^ 
Sifi.  Undo  idem  Attorn^  dicti  Domini  H^a 
nunc  general*  pro  eodem  Doooino  Begi  pet*  ad-^ 
TJsfunent*  Cvr*  hie  in  jpfseHUss*  et  debii*  legUL 

ress*  versoB  pnefat*  T.  PiUungton,  $•  Shutoi 
Cornish,  Ford  Dominum  Gt»y»  %  QM, 
Mil*,  J.  Shorter  Mil*,  <Sce.  in  hac  ^j$e  fieni  a4 
respondend*  dictoDom*  Bf^de  et  m  pratoMSsS, 
(kc.  per  quod  imeoept*  fuit  Via*  civit*  London 
prad*,  quod  venire  iao*  eoa  ad  responds  6cc4 
l^tmodo,8cil^,  die  Meivur*  fros.^  jioattreasepR 
timan*  sanctve  Trin*,  coram  Dona*  Bisge  apudi 
WestmS  ven*  prted*  T.  Pilldngton,  Sk  Sinte,  eH 
Richfirdua  Goodenough,  per  Benedict*  Brow* 
AjktcMmaiMm  auuisy  ethabito  audita  informalioni**^ 
prosd*,  sQpamtim  dicunt,  quod  ipsi  non  sunt  iadai 
cuip*,  et  de  hoc  pon*  se  sepuratim  super  patriam': 
Btpr^d*  B.  ^w}iier  Mil*,  Attorn*  Dem'  Begpn 
none  generals  ^  P^  eodem  l>omino  R^jfemi 
h^  partly  sequitur  simiht',  5ic.  £t  super  bo***' 
idem  Atlom*  dicti  Dom'  B^;h(  wine  Ciei^ral*^. 
pro  eodem  Dominp  B^  dicit,  et  Cur*  hie  o»-, 
teuditk  qned  TiMcaaaPi&ngtonetS.  ShutoA^ 


il^dc^'coqtintiayer*  adcsp^tanipnenmdf 
tahs,  thfi  Foil)  de  person*  sicad  tmic 
it  ihi/tfwa  iVr"V*  a^seinhlatS  tapqusm  et  q^a6i 
tpdem  pOTwm*  li^te  a^sei^iVlat*  fiussent  pro 
Actione  ric'  ci?it*  ^aod* :  !^t  quod  prs4*  T. 
tl&(«ShiiEte,  H.  Cornish,  Ford  Doiiuuus  Grc^ 
t.  Gobi  Mil*^  J.  Shorter  Mil*,  6cc.  time  et  ibir 
4pa  iUkate,  tumultuoaet  c^seditioaa,  atSim^fer*, 
Ct  qoili^brt  eor*  affirmayit,  dixit,  et  alt^  voce 
Boed*  male  diapcysit*  p^raonij^  aflSiynaritt  quod 

Sd^  Johanna  Moore,  MilS  Major  civit*  Lon- 
;  pneds  illicite  et  i^juste  assumpsisset  super 
« liMal*  adi  adjornaiid*  Cur*,  mm  sibiprced* 
4.' Mom  iMMi  pcftmfitali,;  %wn|)im  pjEveifb  *£. 


vl  et.  armis,  &c.  riotqi^,  r^^itose  et    dup  defend*  superius  nonvi&atS,  V-ioeeom'  cinl^ 


London  pr^d*  ad  pneseos  Q(iati^lt^  tamen  ips* 
idem  Attoum*  dicti  Domini  Begis  nunc  Genew 
pvo  eodem  Domino  Regt  pet^  brei^ft  DaminL 
lUgps  pis^t*  Vie*  LondoD  dirigendS  de  venite 
^*  coram  Domino  Rege  dutNlecim^  8tc.  ad 
triand*  exit^  pcaiiat*   int*  dictum.  Domimmii 
'Aegean  ett  partes  pned*6upenu(siin  forma.psied* 
JuDMct* :  Bt.quia  pned*  defend'  hoonondedicS. 
idoo  preicept^  eat  preaiat*  Vic*  civit*  London^ 
quod  yenire  fac'  coram  Dom^  Be^,  a  die  sanetit 
Michaeli^  in  tres  septiman*  ubicuiMpie,  Sec* 
duod«)cim,  &c.  per  qoos,  &c.  et  qni^  6iCi  adi 
recQgn*  &lc.  quia  tam»  (xc.  idem  die&dat*  estc 
tarn  pc#ftt*  B.  Saniytt  Mil*<i  qui  swyittmy  (Sow 


J   I 


tiS]    STATE  TRIALS,  55  Chasles H.  iMS— THii/ 6/ Thmgi  PUkingtan    [j»?4 


tben  and  yet  neict  coming,  as  fortbe  election 
«f  divers  other  officers  of  the  said  city  ;  and 
dien  and  there  id  the  said  court  it  was  beg-un  to 
take  the  poll  of  the  eleccoi^  then  and  there  pre- 
sent, for  the  making  known  of  the  election  of 
the  persons  to  serve  in  the  office  of  sheriffs  of 
the  said  city,  for  the  year  aforesaid.  And  that 
the  said  sir  John  Moore,  knight,  mayor  of  the 
sai^  city,  afterwards  the  said  241  h  day  of  June, 
in  the  24th  year  aforesaid,  at  Guild-hall  of  the 
said  city  of  London,,  (to  wit)  in  the  parish  of  St. 
Michael  Basstshaw,  ].<ottdon,  in  a  lawful 
manner  did  make  and  cause  to  be  made  procla- 
mation for  the  adjourning  of  the  said  cou|t  so  as 
fdbresaid  held,  and  then  and  there  did  adjourn 
the  said  court  until  Tuekiday  then  next  following 
to  be  held  at  the  Guild-hall  of  the  ssid  city  of 
London  ;  and  then  and  there  after  the  said  ad- 

' — 1 

qaam  prad'  T.  P.  S.  S.  et  R.  G'  &c.  Ad  quas 
quid'  tres  septiman*  sancti  MichaeHs  coram 
dicto  DominaRege  ven'  tam  prsed'  R.  Sawyer 
Mils  qui  sequitur,  &c.  quam  prsed'  T.  P.  8.  S. 
et  R.  G.  per  Attorn*  $uu*  preed' :  Et  Vic<  civit' 
London  non  miser'  inde  breve,  ideosicut  al'  ven' 
inde  Jur'  coram  dicto  Dom*  Rege  in  octab^ 
sancti  Hflar*  ubicunque,  &c.  per  quos,  &c.  et 

3ai'  &c.  ad  recoff',  &c.  q^ia  tam  &c.  idem  dies 
9t^  est  tam  praefat'  R.  lawyer  Mil^  qui  scqui- 
tar,  &c.  quam  prsed'  T.  P.  H.  S.  et  R.  G.  6cc, 
ad  quas  quidem  Octab*  sancti  Hilar'  coram 
^Hcto  Domino  Rege  apud  Westm'  ven'  tam 
praefat'  R.  S.  Mil',  qui  sequitur,  &c.  quam 
prssd'  T.  P.  S.  S.  et  R.  G.  per  Attorn'  suum 
prsd',  etFord  Dominus  Grey,  H.  Cornish,  T. 
Gold  Mil',  J.  Shorter  Mil','T.  Pktyer  Mils 
&rc.  per  prsfatf  B.  B.  Attorn'  sou*  similiter 
¥en',  et  habito  auditu  information'  prsd'  se- 
paratim  dicunt,  quod  ipsi  non  sunt  inde  culp'  et 
lie  hoc  similiter  separatim  pon'  se  super  patnam. 
JEt  prard'  R.  Sawyer  Biil',  Attorn'  Domini  Regis 
nunc  General',  qui  pro  eodem  Dommo  R^e 
in  hac  parte  sequitur,  similiter,  &c.  id^, 
sicot  al'  ven'  inde  jur*  coram  dicto  Domino 
Hege  in  octab'  Pur*  beats;  Mariie  Virginis, 
ubicunque,  Sec.  per  qiios,  &c.  et  qui  nee, 
te.  ad  recogn',  &c.  qui  tam'.  Sec,  idem 
dies  dat'  est  tam  preefaf  R.  Sawyer  Mil',  qui 
seqoitnr,  Sec,  quam  nrted'  T.  P.  S.  S.  R.  G. 
JE'ord  Domino  Urey,  Sec:  ad  quos  quidem  octab' 
Pur*  beate  Mariee  Virginis,  coram  Domino 
Bcge  apud  Westm',  ven'  tam  prefat'  R.  Saw- 
yer, Mil',  qui  sequitur.  Sec.  quam  pr«d'  T.  P. 
S.  S.  R.G,  Ford  Dominus  Grey,  H.  C.  T.  G. 
Mil',  Sec*  per  Attorn'  siium  prssd' :  £t  Vic' 
civit'  London  prsed*  retom'  nomina  duodecim' 
jar*,  quor*  nul*,  Sec.  ideo  preecept'  est  Vic' 
pned',  quod'  discing'  eos  per  omnes  ter*,  Sec.  et 
quod  de  exit',  &c.  et  quod  habeant  corpora 
eor'  coram  dicto  Domino  Rege  a  die  Pisflcb'  in 
qwindecim  septiman',  ubicunque,  Sec.  vel  coram 
dilect'  et  fidel'  Domini  Reg^  Edwardo  Saun- 
ders Mil',  Capital'  Justic'  Domini  Re^  ad 
placitaooram  ipso  Regetenend'  assigns  si  prius 
die  Blartis  prox'  post  mensem  Paschs,  apud 
Gttiidhall  civit'  London,  perfdrmam  statut',&c. 
Tea'  pro  deteu  jur*,  &c.  idep  Y\fi^  babeaot  cor- 


joumment,  so  as  aforesaid  made,  the  said  sh- 
John  Moore,  knight,  mayor  of  the  said  city  of 
London,  did  make  and  cause  to  be  made  public 
proclamation  for  the  departure  of  all  persons 
upon  the  said  occasion  there  assemUcd:  and 
ftirther  tbesaid  attorney  fi;eneral  d^h  give  the 
court  to  understand  and  be  informed^  That 
Thomas  Pilkington,  late  of  London,  esq.  and 
Hamnel  Shute,  late  ofLondon,  esq.  then  she- 
rifis  of  the  said  city  of  London,  and  Heory 
Cornish,  late  of  l^ondon,  esq.  Ford  lord  Grey 
of  Werk,  See,  the  said  premises  sufficiently 
knowing,  but  being  ill  disposed  jierson-;,  and  de- 
vising and  inten£ng  to  disquiet,  molest  and 
trouUe  the  peace  of  our  said  lord  the  king'^ 
and  the  common  tranquillity  of  this  kingdom 
of  England,  they  the  said  Thomas  Pilkington 
and  Samuel  Shute,  under  colour  of  the  office  of 

pora.  Sec.  ad  recogn'  in  formapriBd',  Sec,  Idem. 
dies  dat'  est  tam  pneftkt'  R.  »iwyer  Mil',  qot» 
&c.  quam  prsed'  T.  P.  S.  S.  R.  G.  FOrd 
Domino  Gi-ey,  H.  O.  T.  G.  MU',  Sec,  ad 
quas  'quidem  quinque  septiman*  Paschie,  isto 
eodem  tcrmino,  cor'  Domino  Bjege  apod 
Westm',  ven'  tam'  prafiit*  R.  S.  M'd',  qiu 
sequitur,  &c.  quam  praed'  T.  P.  S.  S.  R.  G. 
Ford  Dominus  Grey,  H.  C.  Sec.  per  Attorn* 
suum  praed',  et  pnefat'  Capital'  Justic', 
coram  quo,  See.  mis'  hie  record*  suum  corani 
eo  habits  in  haec  verba,  Postea,  die  et  loco  infra 
content',  coram  infra  nominal'  Edwardo  Saun- 
dei<8  Mil',  Capital'  Justic'  dicti  Domini  Regis 
infra  scripf,  associat'  sibi  Edwardo  Watts  Gen*, 
per  foniiam  statut',  &c.  ven'  tam  infra  nominat* 
K.  Sawver  Mil',  Attorn'  Domini  Regis  mine 
Generaf',  qui'  sequitur,  Soc.  quam  pned'  T.  P. 
S.S.R.  G.  Ford  Dominus  Grey,  U.  C.  &c. 
per  Attorn'  suum  infra  script'  :  Etjur*  jurats 
unde  infra  fit  mentio  exact'  ven'  et  in  jnr'  ill« 
jurat'  existunt,  et  super  hoc  publica  proclama- 
tiopro  Domino  Rege  fact',  prout  mos  esi,  qood 
si  aliquis  sit,  qui  prcfat'  Capital'  Justic',  aut 
Servien'  dicti  Domini  Rcfna  ad  legem  ;  aut 
Attornatum  ilicti  Domini  Re^  Generalis^aiit 
jur'  prssd',  de  infra  content'  inlbrmare  vellety 
veniret,  et  audiret ;  et  super  hoc  Geoigius  JeT- 
fereys  Mil'  et  Bar',  ex  parte  dicti  Dom'  Reg*  ad 
hoc  fac*  se  obtulit,  super  quo  process'  est  per  car* 
hie  ad  caption' jur'  praed' pro  jur*  nrsed'  modo 
compareil',  qui  ad  veritat'  de  infra  oontent', 
elect',  triat',  et  jurat'  super  sacramentiim  pned* 
dicimt,  quod  oned'T.  Gold  Mil',  J.  Brooks,  W. 
Miller,  T.  Charlton,  D.  Newman,  J.  Jekyll 
junS  B.  Alsop,  M.  Meriton,  J.  Trenchard,  et  J. 
Byfield,  non  sunt  culp',  nee  eor*  aliquis  cidp^ 
estde  premiss'  in  informatione  in  recordo  pned* 
mentionaf ,  prout  interius  plaettando  aUegaver*: 
et  ulteritts  jur'  prsd'  super  sacramentum  suum 
pned'  dicunt,  quod  pnrd'  T.Pilkinglon,  8.  Shute, 
Ford  Dominus  Grey,  T.  Player  Mil'  S.  Betbett 
Arms  FJenks,  J.Deade,  R.Freeman,  R.Good- 
enoufi^h,  R.  Kay,  J.  Widcham,  S.  Swynock,  et 
S.  Jekyll  sen',  sunt  cuTp',  et  qnilibet  eor*  est 
culp' de  premiss'  in  intormatione  infVa'scrij|it' 
mentionat',  prout  per  raformation'  pned*  intenua 
versus  eo0  suppoaitur,  ideo,  See," 


es]        STATBf  TRIALS,  35  Oharlb«  Ih  1 66$.'^ndMeri,fi4'  m 


[%26 


therifh  of  the  said  citv.of  {london,  and  the  said 
Hcoffj  Coraiab,  Pord  lord  13rey,  ta^d  others 
afterwards,  and  after  the  adjournment  aforesaid 
(to  wit)  thesind24thday  of  June,in  the  34th 
year  aforesaid,  at  the  parish  of  St.  Michael 
Baasiahaw,  London,  aforesaid,  in  the  said  Guild- 
hall, there  with  force  and  arms,  riotously,  rout- 
aody,  unlawfully,  and  seditionslv,  did  assemble, 
congregate,  and  unite  themselves  with  very 
many  other  ill-disposed  persons,  and  breakers 
«f  the  peace  oT  our  said  lord,  the  king,  to  the 
nomber  of  1,CM  |)ersons,  to  the  said  attorney 
ffeneral  of  our  said  lord  the  king  as  yet  un- 
KBOwn,  to  disturb  the  peace  of  our  said  lord  the 
king ;  and  being  so  assembled,  congregated, 
and  united,  (hen  and  there  with  force  and  aims, 
Sec.  riotously,  routously,  and  unlawfully,  in 
and  upon  the  said  sir  John  Moore,  knight,  mayor 
«f  the  city  aforesaid,  in  the  peace  or  God,  and 
•or  said  lord  the  kine,  then  and  there  beingp, 
did  nudEe  an  assault  ana  affray,  and  him  thie  said 
nr  John  Moore,  knight,  then  and  there  did 
beat,  wound,  and  evil-mtreat,  so  that  of  his  life 
it  was  gretttfy  despaired ;  and  afler  the  adjouni- 
meat  aforesiiid,  and  proclalnation  so  sis  afore- 
said made  by  the  said  sir  John  Moore,  knight, 
niATor  of  the  said  city,  they  the  said  Thomas 
Firiungton  and  Samuel  l^ute,  then  and  there 
by  colour  of  their  office  of  sheriffs  of  the  said 
City  of  London,  and  the  said  Henry  Cornish, 
Ford  knrd  Grey,  &c.  with  divers  other  persons 
lo  the  said  attorney-general  of  our  said  lot  d  the 
Idns^asyet  unknown,  unlawfally  and  sediti> 
OBsiy  aiding  and  assisting  the  said  Thomas  1^1- 
kinijgton  and  Samuel  Sbute  with  force  and  arms, 
dee.  rioioosly,  routously,  and  un1awfiilh%  did 
there  continue  to  take  the  poll  of  the  ])ersons 
so  then  and  there  unlawfully  assembled,  as  if  Ihu 
said  persons  had  been  lawfully  assen^blcd  for 
the  election  of  sheriffs  of  the  said  city  ;  and  that 
the  said  Thomas  Rlkington,    Samuel  Shute, 
HeiUT  Cornish,  &c.  then  and  there  unlawfully, 
tnmultvoiislv,  and  seditiously,  did  affirm,  and 
erery  one  of  them  did  affirm,  say  and  with  a 
kmd  voice  to  the  said  ill-disposed  persons  a  Hi  mi, 
fhat  the  said  sir  John  Moore,  knight,  mayor 
of  the  said  city  of  London,  did  unlawfully  and 
umostly  assume  upon  himsdf  the  liberty  to 
a^oum  the  said  coort,'which  did  not  belong  to 
bim  :  and  that  the  said  ThomtTs  Pilkin^on, 
Hamnel  Shute,  Henry  Cornish,  <&c.  then  and 
ihoe,  the  said  unlawful  and  ill-disposed  persons 
so  as  aforesaid,  assembled  and  6oii<;regated 
with  force  and  arms,  riotously,  routoiisl^r,  un- 
hwfollyy  and  seditiously,  by  the  space  of  three 
hDors  to  disturb  the  peace  of  our  said  lord  the 
long,  and  to  commit  the  riot  aforesaid,  did  stir 
ap,  move,  persuade,  procure,  and  then  and  there 
by  the  whole  time  aforesaid,  in  Guild-hall, 
London,   aforesaid,  in    the   parish  aforesaid, 
grest  nunoors,  cries,  hoUowin^s,  and  terrible 
asd  unwonted  noises,  with  force  and  arms,  Sec. 
'       lioloasly,  routously,  unlawfully,  tuniultuously 
I       sad  sexutiously,    did  make  and  cause  to  be 
aade,  and  did  stir  up,  in  contempt  of  our  said 
I      lord  the  king,  and  the  manifest  disturbance  and 
;       ii(4alion  orhis  laws,  and  his  peace,  to  the  great 
yoL.  IX. 


danger  of  stirriog  up  and  moving  of  a  tumult, 
and  the  spilling  of  much  bfood  there,  to  tha 
great  terror,  trouble,  and  fear  of  all  his  ma- 
jesty's liege -people,  subjects  of  our  said  lord  the 
King,  <  to  the  ill  example  of  all  others  in  the 
like  case  oflTending  ;  and  against  the  peace  of 
our  ^id  lord  the  king,  his  crown  and  dignity, 
&c.  Whereupon  the  said  atlomey-general  of 
our  said  lord  thekinff,  for  our  said  lord  the  king, 
pray eth  the  advice  or  the  conrt  in  the  premises, 
and  due  process  of  law  against  the  said  Tho- 
mas Pilkmgton,  Samuel  8hute,  Henry  Corni&h, 
Ford  lord  Grey,  Sec.  in  this  behalf  to  be  made 
to  answer  our  said  lord  the  king,  of  and  in  the 
premises,  Sec. 

[To  this  Information  the  defendants  had 
pleaded  Not  Guilty.] 

Cryer.  You  good  men  of  Nisi-Prios,  sum- 
moned to  appear  here  this  day,  between  our 
sovereign  lord  the  king,  add  Thomas  Pilkin^- 
lon,  and  others,  defeildants  f  answer  to  your 
names^  and  save  your  issues.^ 

The  Jury  appeared. 

Mr.  Sommcn.  My  lord,  I  anl  to  challenge  th> 
array. 

31  r.  Thompson,  My  lord,  I  desire  this  chal- 
lenge may  be  read. 

The  Challenge  read  in  French. 

Z.  C.  /  (Sir  Edroond  Saunders*).  Gentle- 
men, 1  am  sorry  yon  should  have  so  bad  an 
opinion  of  me,  as  to  be  ^o  little  a  lawyer  not  to 
know  this  is  but  a  triQe,  and  nothing  in  it. 
Pray,  gentlemen,  do  not  put  these  things  ui^oii 
me. 

*  A  very  curious  account  of  this  Chief  Jus- 
tice Saunders  is  given  by  Roger  North  in  his 
life  of  his  relation.  Lord  ICeeper  North.    It  ap- 
pears that  Saunders  at  tirst  was  no  better  tlum 
a  poor  beggar  boy,  if  not  a  parish  found liug, 
without  known  parents  or  relations.     We  hear 
of  him  early  in  fife  contrinng  to  subsist  in  Clc- 
mcnt*8-inn  by  obsequiousness,  arul  courting  the 
attorney's  clerks  for  scraps.     His  extraordi- 
nary   attention,  diligence,    and  what  Roger 
North  cnU.4  observance,  disposed  the  members 
of  the  Inn  to  countenance  him.    As  he  appear- 
ed very  ambitious  to  learn  to  write,  one  of  the 
uttomtcs  frot  a  board  knocked  up  at  a  window 
on  the  top  of  a  staircase,  and  that  wa$  his  desk 
where  he  sat,  and  -wrote  after'copies  of  court 
and  other  hands  which  the  clerks  gave  him. 
He   thus    made   some  pence    by   hackney- 
writing.    In  this  occupation  by    degrees  he 
acquired  a  conversancy  with    forms,  which 
branch  of  knowledge  he  cultivated  and  so  far 
improved  himself  in  it,  by  the  study  of  books 
which  he  borrowed,  as  to  be,  in  North's  phrase, 
an  exquisite  entering  clerk.     By  perseverance 
he  became  in  a  few  years  an  able  attorney,  and 
then  an  eminent  counsel,  first  in  special  plead- 
ing and  afterwards  in  general  business  ;  so  that 
while  h^  was  at  the  bar  his  practice  in  the  Court 
of  King's-bench  was  not  exceeded  by  that  of 
any  hamster.      His  art  and    cunning  were 


I 


M7]    STATE  TRIALS,  $S  CHarxes  IL  i6S5.— Tnrf  of  TkmMs 


[21S 


lord. 

X.  C.  J.  You  W9uld  not  have  done  ibis  before 
another  nidge :  vou  would  not  have  done  it,  if 
sir  Matthew  Hale  bad  been  here. 

Mr.  Thompson.  My  lord,  I  bebeve  if  there 
had  been  nothing  in  it,  it  would  not  have  been 
aigned. 

Mr.  Attorney  General  (sir  Robert  Sawyer.) 
Very  few  but  Mr.  Thompson  would  urge  iL 

Mr.  Thompson,  I  do  not  know  whether  you 
think  so,  or  not,  Mr.  Attorney  ;  but  I  have  a 
ereat  deal  to  offer,  if  you  please  to  answer  it. 
We  offer  our  Challenge  in  point  of  law. 

X.  C.  J.  There  is  no  law  in  it. 

Mr.  Thompson,  We  desire  it  may  be  read  in 
English. 

X.  C.  J.  Why  ?  Do  you  think  I  don't  un- 
derstand \X  ?  This  is  only  to  tickle  the  people. 

The  Challenge  read  by  the  Clerk  ac- 
cordingly. 

Serj.  Jefferies.  Here's  a  tale  of  a  tub,  indeed ! 

X.  C.  /.  Ay,  it  is  nothing  else ;  and  I 
wonder  lawyers  would  put  aucn  a  thmg  upon 
me. 

Mr.  Thompson,  My  tord,  we  desire  this 
Challenge  may  be  allowed. 

'  X.  C.  X    No,  indeed,  won't  I,  there  is  no 

equal  to  his  knowledge ;  and  his  success  in  the 
causes  in  which  he  waset^^aged  was  frequently 
effected  by  snares  and  other  tricks  of  his  con- 
trivance. The  detection  and  even  the  exposure 
of  his  oractices,  however  base  and  however  dis- 

Sraoenil  they  might  have  been,  seem  never  to 
ave  distreitfed  or  disconcerted  him.  Upon 
such  occasions  he  had  recourse  to  some  jest, 
with  which  sort  of  evaibion  he  was  very  ready, 
and  as  it  appears  very  successful.  In  the  pro- 
ceedings upon  the  Quo  Warranto  against  the 
citj^  of  London,  he  was  much  employed  for  the 
crown.  Of  his  personal  appearance  the  hea- 
viness and  awkwardness  is  said  to  have  been 
as  uuoommon  as  the  promptitune  and  vivacity 
of  his  intellect.  His  oody  is  represented  as  a 
lump  of  morbid  disgusting  and  oftensive  matter, 
fuid  the  same  brutish  insensibility  of  shame 
which  disposed  him  to  consider  his  base  viola- 
tions of  the  lowest  honesty  as  matter  of  mirth, 
enabled  him  to  indulge  in  gross  and  odious  ef- 
fusions of  coarse  and  vnl^  jocularity  upon 
the  most  loathsome  concomitants  of  his  diseases. 
He  was  the  author  of  a  book  of  Reports,  which 
are  composed  in  an  admirable  simplicity  of  con- 
struction, and  exhibited  with  a  lively  interesting 
dramatic  air,  and  in  a  style  of  exquisite  terse- 


Mr.  TJumpson.  1  desire  it  may  be  read,  my  j  colour  for  H ;  and  I  am  apt  to  think,  tfierc  ar» 

not  many  lawyers  in  England  would  bav* 
put  such  a  thing  upon  me :  because  I  am 
willing  to  hear  any  thing,  and  where  there  it 
any  colour  of  law,  i  am  not  willing  to  do  amiss  t 
Therefore  you  think  1  am  now  become  ao 
very  weak,  you  may  put  any  thing  upon  me  ; 
without  you  think  I  was  always  so,  and  there- 
fore may  be  so  at  this  time.  For,  pray  now 
consider,  if  so  be  the  king's  counsel  should 
come  and  plewl  this  Challenge,  what  would  b« 
the  consequence  of  it  P  I  thought  you  would 
have  said,  that  the  sheriff  had  been  a-kin  to 
the  king,  but  you  have  made  it  worse.  Yon 
do  come  with  a  long  tale  here  of  the  whole 
merits  Of  the  cause,  and  more  than  Vet  doth 
appear ;  and  by  this  you  would  have  tm  chal- 
lenge to  be  allowed  :  in  such  a  case  a  man  may 
come  and  tell  a  tale  of  the  merits  of  the  cause, 
and  then  it  must  be  tried  by  the  Challenge.  If 
the  sheriffs  do  return  an  inquest  for  the  kin|c, 
and  the  sheriffs  do  hold  of  the  king  a  fee-farndy 
or  have  a  pension  or  an  annuity  from  the  king*^ 
the  book  doth  say,  that  in  some  cases  it  is  s 
Challenge ;  for  though  they  cannot  be  chal  • 
lengcd  as  being  favourable  for  the  king,  yet 
for  those  reasons  they  may  be  challenged. 
But  what  is  here?  Here  you  tell  a  lOng  pro- 
cess concerning  a  difference.between  the  mayor 
and  the  sheriifs,  and  all  this  matter  is  wrapped 
up  all  together ;  and  if  all  this  were  true,  it  m 
no  Challenge  at  all. 

Mr.  Thompson.  We  shall  speak  witli  all  sub- 
mission to  your  judgment,  my  lord. — Good 
Mr.  Attorney,  give  me  leave. 

'Att,  Gen,  I  move  for  yon. 

Mr.  Thompson,  If  you  please,  you  may 
move  for  yourself;  T  don't  need  you  to  move 
for  me.  My  lord,  with  submission,  the  infor- 
mation is  not  good:  My  lord,  it  is  an  in- 
formation that  doth  set  forth,  tliat  my  k>rd 
mayor  had  right  of  adjourning  the  poll,  when 
an  election  is  to  be  for  sheritls.  My  lord,  if  he 
had  not  that  right,  it  can  be  no  riot  according 
to  this  information.  My  lord,  upon  his  ad- 
iouming,  Mr.  Sheriff  North  was  cliosen :  My 
lord,  if  tliat  adjournment  was  not  according  to 
law,  Mr.  Sheriff  North  never  was  sheriff  of 
London  ;  then,  my  lord,  here  is  the  case  in  this 
question  of  title;  for  Mr.  North  doth  come  in 
question.  Whether  he  be  a  legal  sheriff  of 
London?   •        _  . 

X.  C.  X    Prove  to  me  now  that  of  sheriff 
I  North;  pray  what  annuity,  pension,  or  fee- 
;  farm  hatn  he  as  sheriff  of  London,  whereby  he 
is  concerned? 

Mr.  Thompson,  My  lord,  there  are  other  rea- 


ness  and  precision.  Lord  Mansfield  denomi- 
nated him  the  Terence  of  Reporters.  It  must  sons  which  \  shall  sfiew  to  you ;  and  the  first 
not  be  omitted,  that  the  learned  seneant  Wil-  ,  reason,  my  lord,  in  this  case,  is  this  ;  it  wOl 
liams  has  by  bis  notes  rendered  the  ust  etlition  !  appear  the  election  of  Mr.  North  is  interested 
of  Saunders's  Reports  a  profound,  perspicuous,  !  in  this  matter ;  and  sir  John  Moore  had  not  an 
ample,  and  most  instructive  and  satisfactory  opportunity  to  adjourn  the  poll,  Mr.  North  was 
digest  6f  the  law,  respcctiojnr  the  important  not  chosen  duly  sheriff;  now,  if  thesheriff^s 
topics,  which  were  agitateil  in  the  causes  re-  choice  come  in  question  in  point  of  right,  it  is  e 
ported  by  his  anthor.    Since  this  note  was    good  Challenge. 

prepared,  the  profession  has  been  deprived  by  ;      X.  C.  X    In  point  of  profit  it  might  be  tao, 
daath  of  the  learned  Serjeant.  and  not  in  all  cases  neither  ;  for  he  Uiat  holds 


S99J         STATE  TRIALS,  35  Charlss  II.  l683.— Mif  aiker§^Jvr  «  Riot.         [2dO 

you  sa;  nothing,  that  the  Venire  should  not  go 
to  North.  ^ 

Mr.  Thompson.  No,  my  lord,  I  pray,  good 
my  lord 

L.  C.  J.  Should  it  have  gone   to  Dudley 
North,  and  then  hare  been  cliAllenged  for  him  f 

Mr.  IhfmptOH,  No,  I  beseech  your  lordship 
we  do  not  say  so.  My  lord,  we  say.  That 
whereas  they  do  charge  in  the  information, 
that  there  was  an  assembly  for  the  election  of 
sherifis  and  that  sir  John  Moore  beinff  then 
mayor,  did  lawfully,  according  to  law,  aqjoom 
this  assembly ;  and  that  aiWwards  the  de- 
fendants, PiJldngton  and  Shute,  did  continue 
this  assembly,  and  took  a  poll,  and  so  they 
would  make  this  a  riot  in  the  continuance  of  it . 
My  k>rd,  we  de  say  this.  That  the  election  of 
Mr.  North  upon  this,  point  doth  come  in  <{ues- 
tion  ;  and  my  lord,  we  do  say,  That  if  that  be 
not  a  legal  adjournment,  then  Mr.  North  is  not 
legally  chosen. 

L,  C.  J.  Right,  BOW  yon  have  told  it  in 
more  words. 

Mr.  'rhomp$on.  We  say.  If  the  election  b« 
interested,  they  are  all  partiies  by  law. 

Se^.  Jeff",  Who  would  you  have  the  process 
go  to  ? — Mr.  Thompton.  To  the  coroner. 

X.  C.  J.  Very  well,  upon  my  word.  If  he 
weresheriif,  it  cannot  go  to  the  coroner,  vou 
know,  and  therefore  if  he  were  challenged,  to 
go  to  the  coroner—-— 

Mr.  Thon^ton.  *  Sub  judice  lis  est,'  my  lord. 

Serj.  Jeff",  We  desire  for  the  king,  that  the 
challenge  may  be  over-ruled. 

L.  C.  J,  Ay,  ajr. 

Seij.  Jeff,  I  desire  the  jury  may  be  sworn. 

Mr.  mllianu.  Certainly  if  tliey  be  impa^ 
nelled  by  persons  that  are  not  sheriflb,  that  is^  a 


m  tapUc  of  the  king,  cannot  be  chal- 
lowed  for  all  that 

flDr,  ThoK^MBon,  I  think,  my  lord,  this  is  a 
commoa  case  in  our  books.  That  if  in  case  a 
sfaerifTbecxmcemed  m  point  of  title,  this  is  a 
princiiial  challenge,  because  that  he  is^  inte- 
rested in  that  titfe,  he  is  no  person  by  law  to 
retom  a  Jnry .    I  do  not  doubt  but  your  lord- 
ship will  do  that  which  is  right,  and  according 
to  nw.     My  hnrd,  I  say,  where  a  sheriff  is  in- 
terested in  pMoint  of  title,  he  is  no  person  by  law 
to  retotn  a  juir,  and  this  question  will  appear 
pfaunly  upon  this  information  \  for  if  in  case 
Diis  was  not  a  lawful  adiouinment  by  sir  John 
Moore,  this  is  not  a  lawiul  return Gentle- 
men, my  lord  I  know  will  hear  me,  if  you 
l^ve  but  patience  ;  I  always  speak  and  stand 
m  for  my  clients  as  1  ought  to  do.    If  you 
Dlense  to  let  me  have  liberty,  t  have  my  ferd's. 
If  a  sheriff  be  concemed  in  point  of  title,  it  is 
a  ptincipal  challenge,  and  the  sheriff  ought  not 
to  return  the  jury,  but  the  coroner  :  And,  my 
lor^y  much  morem  this  case  ;  for  that  the  very 
title  to  the  office  of  sheriff  is  here  in  question, 
and  therefore  he  is  no  person  fit  to  return  this 
jviy,  my  lord.    We   desire   your  lordship's 
^pinion. 

X.  C  J.  Mr.  Thompson,  mefhmks  you  have 
fiMmd  out  an  invention,  that  the  king  should 
never  have  power  to  try  it  even  so  lon^  as  the 
irarld  stands.  I%iy  you,  sheriff  North  is  not  a 
i^ht  shoiff,  who  should  have  been?  Why, 
say  jou,  Dubcns  and  Papillon,  or  one,  or  both 
of  ^esn.  Nov  the  king  he  hath  brought  his 
wiatfoft  a  riot. 

Sen.  Jd^  And  an  assault  and  battery  upon 
mtimok  Moore. 

Mr.  Tkommnn.  That  is  a  fiction. 

L,  C.  J.  The  king  hath  brought  his  suit, 
and  brongfat  it  to  an  issue.  Why  now,  if  so 
be  this  e&allenge  should  have  any  thing  in  it, 
then  the  king  must  have  challenged  North, 
and  what  must  he  have  done  then  r  Why,  for 
Fspilkm  and  Dubois,^  they  are  not  sheriflb 
n  cKT/v,  dien,  say  you,  the  coroner.  Pray, 
Mr.  Thompson,  if  so  be  the  king  had  made  the 
Veniie  either  to  PapiQon  or  Dubois,  or  to  the 
coroner :  Whedier  or  no  had  not  the  cause 
been  found  against  the  king,  before  one  word 
had  been  saio  actually  for  him  ?  You  say  the 
enestion  is.  Whether  be  be  a  sheriff  or  not  ? 
n  the  kinff  had  challen&^ed  him,  and  made  the  < 
Voure  to  uie  coroner,  mr  God's  sake,  had  not 
that  made  an  end  of  the  question  ? 

Mr.  Thim^um,  No,  my  lord,  not  at  all. 

i.  C.  J.     Now  ?   Then  I  understand   no- 


tbi^. 


r-  Thampton.  My  lord,  if  the  sheriff  ap- 
pear to  be  ooncemed,  it  doth  not  determine  toe 


1.  C,  J.  But  it  does  by  yourown  opening 
w.  Yon  say  the  question  is,  for  which  you 
4»  now  challenge  the  array,  because  it  is  re- 
tnraed  by  •  sirDndley  North,  supposed  to  be 
Mieof  the  shcrifb,  and  tell  the  whole  process, 
kov  that  in  taith  it  is  a  question  whether  he 
itasfaeriff  ornot;  and  thtrefore,  say  you,  or 


good  challenge,  that  is  admitted  by  every 
body ;  now  we  have  made  a  challen^,  and  that 
is  a  good  cause  of  challenge  certainly,  if  that 
were  the  cause.  But  now,  my  lord,  I  must 
confess  what  your  lordship  says,  it  is  a  difficult 
tnatter  to  challenge  any  array,  because  they 
are  arrayed  by  a  person  that  hath  an  interest, 
or  some  such  thing  that  is  a  challenge  of  the 
array,  but  that  is  not  the  matter  in  this  caa^ 
It  cannot  be  denied,  if  these  persons  were  not 
sheriffs  of  London,  that  that  18  a  good  cause. 
I  take  the  result  of  the  challen^  to  be  this : 
Say  we,  the  principal  question  of  this  informa- 
tion, the  riot,  will  depend '  upon  this  questiosr, 
whether  there  were  a  regular  adjournment,  or 
uotP  There,,  say  we,  b^ins  the  question  of 
the  riot.  If  so  be  that  my  lord  mayor  of 
London  that  was,  bad  power  to  adjourn  the 
court,  and  it  be  admitted  a  regular  adjournment, 
certainly  the  riot  would  follow,  and  what  fol- 
lows then  ?  Tlien  comes  on  a  question,  and  it 
is  immediately  consequent  upon  it,  that  these 
genttemen  be  actual  sheriffs  of  London,  they 
being  actually  chosen  upon  this  adjournment, 
thejr  are  actually  sheriffs ;  But  if  reall  v ,  my 
lom  mayor  had  no  power  to  adjourn,  and  that 
power  was  in  the  sheriffs,  that  they  were  ac- 
tually taking  the  poll,  and  the  poll  was  for  Mr. 
Dubois  and  Mr.  Papillon:  HhsA  the  question 


43 1]    STATE  TRIALS,  35  Charles  II.  i683.— THa/  cf  Thom$  Pilkmgt^    itt$^ 


if,  if  so  be  the  adjournmeDt  by  my  lord  mayor 
were  not  a  goo>  adioumment,  then  the  iioU 
wa»a  regular  poll  taken  by  the  sheriffs,  then 
Gonseqiieutiy  those  that  were  elected  upon  that 
were  truly  chosen,  and  then  it  is  a  right  chal- 
lenge.     These   gentlemen,  I  must  confess, 
they  are  sh€ri6s  dc  facto  i  hut  we  know  very 
well  there  may  be  soeriffs  de  facto^  and  there 
may  b6  other  sheriffs  dejure,  these  things  are 
very  consistent.     If  so  be  that  Mr.  PapiUon 
anrf  Dubois  be  duly  elected,  they  are  sheriffs 
de  Jure,  but  they  want  the  formality,  for  they 
are  not  sworn,  and  cannot  return  a  jury.    On 
the  other  side,  the  sheriffs  are  sheriffs  de  facto, 
but  not  legally  chosen,  and  the  riot  will  depend 
upon  that  question,  of  the  other  persons  that 
are  sheriff's  de  facto  and  not  de  jure.    This  we 
sasrgest  in  this,  whether  your  lordship  will  re- 
ceive this  challenge,  or  whether  your  lordship 
will  proceed  first  to  the  trial  of  the  cause,  and 
let  this  follow.    My  lord,  might  not  there  have 
been  something  in  this  case  upon  the  roll  at 
Westmiostef  ?  Might  there  not  have  been  a 
surmise  to  this  ]mrpose,  because  there  is  such 
a  question  upon  the  roll  f  For  it  appears,  that 
the  comnjon  hall  was  for  the  election  of  she- 
rilFs,  and  that  it  was  adjourned  by  the  mayor ; 
Andwhnt  ti'llowcd?  Might  there  not  be  such 
a  surmise,  that  the  Venire  facias  should  not  ijo 
to  the  sheriffs,  but  to    tHe  coroniT  ?    Mignl 
there  not  have  been  such  a  thing  ? 

L. '  C  J,  My  speech  is  but  bad  :  Let  me 
knmr  w  Itat  objection  is  made,  and  if  I  can  but 
retain  it  in  my  raem'?ry,  1  don't  question  bi|t  to 
give  you  satisfaction.  If  the  king  had  brought 
ab  intbrraation  against  Mr.  Sheriff  North,  and 
"Charged  him  with  a  crime,  there  is  no  manner 
of  question,  that  the  king  should  have  chal- 
lenged as  he  was  a  sherift*,  and  sent  the  Venire 
to  the  coroner,  or  other  ofScer ;  here  he  is  not 
accused,  nor  to  be  acqutttcfl,  of  any  crime. 
Gentlemen,  I  put  you  upon  this,  if  so  be  that 
the  sheriff  of  London  should  get  a  great  deal 
of  money,  (but  I  never  tlnde:*stood,  that  he  got 
by  it)  ff  you  prove,  that  he  hath  got  any  coii- 
siderRble  matter  by  the  ofiice,  it  would  be  some  • 
tiling  in  the  case,  that  he  should  be  greedy  of 
the  office.  Biit  look  ye,  on  the  other  side,  if 
there  be  nothing  in  if  one  way  or  another,  that 
there  Is  profit  accniing  to  him  by  the  office, 
what  cau  the  law  say  ?  But  liere  was  the  ques- 
tion betwcwi,  indeetl  and  in  trnth  as  you  do 
open  it,  between  the  mayor,  sir  John  Moore,  I 
think,  and  the  sheriffs  that  then  were,  that  was 
the  question  between  them.  Now  what  is  this 
in  point  of  law,  rhat  the  sheriffs  must  be  chal- 
lenged ?  They  must  be  challengted,  because  it 
is  returned  by  these  'sberifft.  ■  You  can't  say 
the  sheriffs  do  fasrour—theking. 

Solicitor  (Jeneral.  My  h>nl,  we  trouble 
year  lordship  about  a  question  very  unneces- 
«ary  :  The  sheriff  is  not  concerned  in  this  ques- 
tion, neither  can  the  consequences  affect  the 
aberiff  any  way. 

Sir  Frc.  Winn.  Mv  lord,  if  I  don't  ^ew 
that  he  is  conceited,  dotwitlistandlnjQ^  what 
•Mr.  Solicitor  says,  it  ia .  another  matter.    If 


this  had  been  noon  a  common  riot,  and  not 
related  to  the  election  of. sheriffs,  it  wouM 
have  been  faardef  against  us.  I  only  offer 
a  word'  or  two,  and  submit  to  your  lordship. 
This  information  doth  take  notice  of  tbe^  dec- 
tion  of  sheriflfe,  and  of  an  irregularity  in  dis- 
torbing  the  late  lord  mayor  about  aidioumin^ 
the  poll :  1  do  believe,  my  lord,  it  will  not  t>e 
denied,  but  that  in  this  cause  a  riot  or  no  riot 
will  depend  upon  the  poll,  or  the  mayor's  ad- 
journing. It  that  be  so,  that  which  your  lord- 
ship is  pleased  to  urge,  that  the  sheriff  gets  no- 
tiling,  yet  that  he  hath  assumed  the  office  d€ 
facto,  appears  by  the  return,  that  is  very  plain, 
my  lord,  he  hath  assuitied  it,  and  did  exercise  it. 
R  it  appear  to  be  legal  or  illegal  upon  the  aii- 
joummcntby  the  mayor,  then  it  must  have 
one  of  these  two  consequences.  My  lord,  I 
humbly  conceive,  till  the  sheriffalty  had  been 
agree«f,  it  wonld  have  done  very  well  for  BIr, 
Attorney  to  let  this  riot  alone,  unless  he  woakf 
have  made  it  a  common  riot  *,  if  be  wonld  have 
been  plea.sed  to  stay  till  the  law  had  determined 
who  had  been  the  right  sheriffs,  then  process 
would  have  gone  for  the  king.  And,  my  lord, 
there  is  another  thing  under  favour :  If  Mr. 
Attorney  had  been  pleaded  to  prosecute  for  the 
king,  then  surely,  my  loid,  there  was  away  tQ 
lay  it  so  that  the  process  should  be  returned 
by  persons  uninterested,  and  ]not  by  the  she- 
riff whose  election  is  in  controversy :  I  don't 
argue  out  of  the  record,  but  by  the  record  it- 
self. If  in  case  it  doth  appear  still  to  be  imder 
consideration  ;  if  that  be  so,  I  do  humbly  oin- 
ceive,  because  that  right  of  elpction  of  sberiffii 
is  undetermined,  that  therefore  he  might  have 
made  the  process  to  the  coroner,  if  he  would 
have  made  h  before ;  but  it  should  not  be  heard 
befoix'  the  election  of  the  sheriffs,-  because  it 
will  be  a  riot,  or  not  a  riot  upon  that. 

L.  *C  J.  Good  now,  sir  Francis,  yon  mifltake^ 
it  could  not  be  to  the  coroner. 

SoL  Gen,  My  lord,  it  ?s  but  wearying  yon^ 
lordship  to  no  purpose. 

Mr.  Wallop.  If  he  be  not  a  sheriff^  that  title 
of  his  dcpeuding  upon  my  lord  mayor's  ad- 
journment, which  is  reasonably  set  forth,  it  is 
concerne<I  in  the  consequence  of  the  cause. 

Att,  Gen,  If  you  please,  my  lord,  1  will 
answer  what  hath  been  said.  Mr.  Thompson 
did  first  urjre  according  to  the  rules  of  law,  if 
the  matter  ibat  appears  upon  the  record  be  the 
thing  in  question  ;  that  if  the  sheriff  be  inter- 
ested in  that  matter,  that  that  is  a  good  c^use 
of  challenge.  That  is  a  good  rule,  and  the 
law  is  so  ;  but  that  is  nothing  to  this  purpose  ; 
niy  lord,  here  upon  the  reconl  there  is  nothing 
in  question  but  a  fine  for  the  king,  nothing  to 
he  recovered :  where  londs  are  in  question,  as 
in  an  ejectinent,  if  the  sheriff  be  interested  in 
that  land,  in  that  case  that  is  a  good  challenge ; 


nothing  to  the  purpose.  Then  thgr  say  it  ap- 
pears in  the  record  by  recital,  and  in  the  infor- 
mation, fbf  that  is  the  substance  of  all  they 


tO]       STATE  TRIALS,  .35  Charles  II.  WM.^Mnd  Ukenjor  a  Riot.        [?34 


saj :  it  dotb  appear  there,  as  it  is  said,  that 
the  mayor  4liil  adjoam  the  court,  and  so  the 
WKStion  of  the  riot  will  very  much  stand  upon 
neTalidity  of  that  adjournment.    But  it  dotb 
Dot  wholly  stand  upon  that ;    for  there  are 
many    omtrag^eous  actions,    assaults    of  the 
mayor,  throwing-off  his  hat,  great  clamours  ; 
thrusting  and  pressing  many  of  the  aldermen  ; 
nay,  fanusing  tliem  ;    so  that  this  riot,  not- 
wittistanding  the*  adjournment,  be  that  as  it 
wili,  will  appear,  in  the  upshot  of  the  cause,  to 
be  a  riot,  notwithstanding  that  question.    But 
in  the  second  place,  die  question  of  Mr.  North's 
bong  a  sherin,  or  not  a  sheriff,  no  ways  de- 
pends upon  this  adjonrBmeut,  no  pretence  of 
the  title  depends  upon  tlxat ;  so,  my  lord,  they 
bate  sug^gested  a  thing  that  is  foreign  to  the 
record  ;  it  depends  purely  that,  upon  a  custom 
of  the  dty  for  my  lord  mayor  to  elect,  not  upon 
the  power  o^  my  lord  mayor's  adjournment ; 
for  alter  that  they  proceeded  on  with  the  former 
choice  of  Mr.  I'apiUon  and  Mr.  Dubois ;  so 
that  whether  that  adjournment  be  a  good  ad- 
joamment,  or  no  good  adjournment,  nis  title 
will  depend  upon  £at,  whether  at  the  second 
meeting  or  no  Mr,  Papillon  and  the  other  gpc- 
tleman   be"  well  chosen,  and  Mr.  North   not 
well  chosen  ;  so  that  his  title  doth  not  depend 
upon  this  question  one  way  or  other.    But, 
mv  lord,  that  which  makes  this  as  frivolous  a 
dung  as  ever  was  urged  in  a  court  of  law,  my 
k»rd,  that  it  should  have  been  upon  rulehefore 
any  direction  to  the  sheriff  or  coroner,  if  they 
wouKI  have  had  process  ;  they  have  sug-gested 
matter  of  fact  wholly  out  of  the  record,  matters 
have  been  suo^gested,  that  it  might  have  been 
tried  fiefore  it  came  to  direction ;  now  there 
appears  nothing  in  the  record  to  bring  a  chal- 
lenge  to  try  the  matter  ;  nay,  as  they  tliem- 
■elves  say,  it  is  to  try  the  merits  of  the  whole 
information,  that  the  informadon  depends  upon 
that  question,  whether  the  mayor  may  ad- 
journ ?  It  is  a  great  usurpation  upon  the  go- 
TemmoDt  of  this  city,  as  they  have  done  in 
cdier  things  to  the  king.    My  lord  mayor  is 
Ac  supreme  ma^strate  here,  and  the  sheriffs 
have  nothing  to  oo  in  this  ])Qint,  and  therefore  I 
pray  it   may  be  over- ruled,  and  that  the  jury 
may  be  a  worn. 

ifr.  Thompson.  We  would  have,  my  lord, 
the  benefit  of  a  bill  of  exceptions. 

8eij.  Jefferies,  Swear  the  jury,  swear  the  jury. 

Mr.  Thompstm,  I  have  another  challenge. 

L.  C.  J.  1  tell  you  plainly,  I  see  nothing  in 
it  for  a' bill  of  exceptions. 

Mr.  Tkompson.  We  desire  we  may  have  the 
knefit  of  a  bill  of  excqrtions.  my  lord,  if 
this  he  the  case  of  trying  &  not,  we  must  take 
vbat  advantage  we  can  in  point  of  law. 

Scij.  Jefferies.  We  come  to  counsel  the  king, 
asweougnt  to  do,  by  law. 

Mr.  'Jniompson.  Wfy  lord,  I  challenge,  on  the 
behalf  of  my  lord  Grey,  this  jury.  [Challenge 
retd.] 

Seignior  Grey. 

Ait,  Gen.  They  call  that  a  Newgate  chal- 


Mr.  Wttlfop.  That  was  a  challenge  taken  at 
the  Old  Bailey. 

Mr.  Tfiompson,  And  over- ruled. 

Serj.  Jefferies.  And  I  pray  it  may  be  so  bare. 

L.  6\  X  i  think  your  challenge  is,  that . 
they  are  not  sheritl's  ? 

Mr.  Thompson.  My  lord,  is  the  fact  true  or 
false  ?  I  desire  of  these  gentlemen,  if  it  be  in* 
sufficient  in  point  of  law,  let  them  demur. 

Serj.  Jefferies.  Pray  tell  me,  llobin  Hood 
upoa  Greendale  stood  ;  and  therefore  yuu  must 
nut  demur  to  it. 

Mr.  Thompson.  If  the  chaUenge  be  not  good, 
thei-e  must  be  a  defect  in  it  eitlier  in  point  of 
law,  or  in  point  of  faot.  I  desire,  on  the  be- 
half of  my  lord  Grey,  this  challenge  may  b« 
allowed. 

Serj.  Jefferies.  And  I  pray  for  the  king,  that 
it  may  be  over-ruled. 

£.  C.  J.  I  think  you  have  owned  them  to  be 
sheriffs  already. 

Serj.  Jefferies.  My  lord  Grey  did  own  it  in 
his  challenge,  because  there  wei*e  no  knights.* 

L.  C.  J.  We  try  a  great  many  Nisi-Prius 
here  sometimes,  two  or  three  days  idter  tha 
term,  every  deleUdant,  that  thinks  it  goes  hard 
with  him,  we  must  have  a  trial  still,  whether 
the  sheriffa  be  sheriffs,  or  no  ?  This  that  you 
have  done  now,  may  be  done  in  every  cause 
that  we  may  be  trying.     Upon  your  evidence 

•  "  February,  1683.  The  I6th  was  a  trial 
at  Guildhall,  before  the  Lord  Chief  Justice 
Saunders,  touching  the  pretended  riot  atth# 
election  of  the  present  sheriffs  of  London^ 
against  the  lord  Grey  ofWerk,  sir  Thomas 
Player,  Mr.  Pilkington,  Mr.  Shute,  and  se- 
veral others,  the  jury  being  returned  by  North 
and  Rich,  the  two  sheriffs,  and  a  good  one  it 
was,  being  in  their  own  cause,  a  chaUenge  waa 
taken  to  the  array,  for  that  no  peer"  [qu. 
knight]  <<  was  returned  being  m  the  case  of 
a  peer  of  the  realm.  The  challenge,  was  al- 
lowed and  so  it  was  pot  off  to  the  next  term.'* 
Narcissus  Luttrell's  *'  Brief  Historical  Rela- 
tion," &c.  MS.  in  All  Souls'  library. 

See,  too,  S.  C.  Skinn.  117.  3  Mod.  S62. 
But  now  by  st  94  G.  Q,  c.  18,  s.  4,  after  a 
recital  that  great  delays  did  frequently  happen 
in  trials  where  a  peer  or  lord  of  parliament  was 
party,  by  reason  of  challenges  to  the  arrays  of 
pannels,  of  jurors  for  want  of  a  knight's  liein^ 
returned  on  such  pannels,  for  remedy  thereof  it 
is  enacted,  ^*  That  no  challenges  shall  be 
taken  to  any  pannel  of  jurors  tor  want  of  a 
knight's  being  returned  in  such  pannel."  The 
report  in  the  text  does  not  at  aU  disagree  with 
Luttrell's  account  of  the  Reports  in  Shower 
and  Skinarr.  The  challenge  for  want  of  a 
knight  appears  to  have  been  made  when  the 
cause  was  called  on  at  the  sittings  alter  Hilary 
Term,  34  and  35  Car.  2,  whereas  the  trial  aa 
reported  in  the  text,  was  not  had  till  nearly 
three  months  afterwards,  and  there  seems  not 
then  to  have  been  any  deliciency  of  knights  in 
the  pannel.  {t  appears  thatthe  nva  persona  first 
sworn  upon  the  jury  were  knights. 


SSS]    STA1X  TRIALS,  35  CiUALBi  IT.  l6BS^THal  of  TkwM  Pilkmgiom    [2S6 


if  yoa  can  prore  them  none,  you  go  »  great 
way. 

Mr.  Thompson,  My  lord,  we  denre  the 
dwlleoge  may  be  allowed,  or  otherwise  a  bill 
of  ezceptioDS.  My  lord,  we  pray  a  bill  of 
exception^. 

Seij.  Jefferies.  This  discourse  is  cmly  for 
diaooarse  sake ;  Ipray  the  jury  may  be  sworn. 

X.  C.  J.  Ay,  ay,  swear  the  jury. 

Sir  Benjamin  Newland,  &c.  sworn. 

Mr.  Thompson.  We  challenge  Mr.  Fensil ; 
be  bath  given  evidence  in  this  cause  at  the 
council-table* 

X.  C.  J.  What  then  ? 

Ait.  Gen.  My  lord  they  shall  have  all  fair. 

L,  C.J.  Mr.  Attorney  says  be  won't  stand 
upon  it. 

Mr.  Thompson.  My  lord,  we  pray  a  bill  of 
exceptions. 

L.  C.  J.  I  think  many  would  not  hare 
offered  it  besides  you.  Shall  I  go  and  sign  a 
bill  of  exceptions,  to  let  all  the  world  know 
this  is  so,  and  so  all  the  world  must  try  whether 
they  be  shehfts  of  London  ? 

Mr.  Thompson.  My  lord,  do  not  say  so  ;  for 
I  think  all  the  counsel  in  the  court  would. 

X  C.  /.  If  it  doth  fall  out,  that  in  truth  they 
do  not  happen  to  lie  sheriffs,  surely  you  shall 
iiave  all  tne  advantage  that  can  oe  for  you ; 
but  pray  do  not  think,  that  I  will  put  off  a 
Irtal  upon  every  suggestion  that  the  sheriffs 
are  not  sheriffs.  You  shall  have  aU  that  is 
law  by  the  g[race  of  God,  and  I  am  not  afraid, 
that  you  or  any  num  should  say,  I  don't  do 
justice ;  I  am  not  bound  to  gratify  every  man's 
nnmour  ;*  I  am  to  do  according  to  my  con- 
science, and  the  best  of  my  knowledge,  and  ac- 
oonling  to  my  oath  ;  and  I  will  do  that,  and 
gratify  no  man. 

Sir  Benjamin  Newland,  Sir  John  Matthews, 
Sir  John  Buckworth,  Sir  Thomas  Griffith,  Sir 
Edmund  Wiseman,  PercivaT  Gilbnrne,  Henry 
Wagstaff,  Barthol.  Feriman,  Thomas  .Black- 
more^  SamUel  Newton,  William  Watton,George 
ViUars,  jur. 

Crytr.  O  yes,  O  yes,  O  yes.  If  any  man 
^  can  inform  my  lord  the  king's  justice,  the  king's 
^  acigeant,  or  the  king's  attorney,  or  this  inquest 
now  to  be  taken,  &c. 

Mr.  Do/^en.  May  it  please  your  lordship, 

*  In  proceedings  in  which,  under  the  statute 
of  Westminster  the  second  13  Ed.  1,  st.  1, 
c.  SI,  a  bill  of  exceptions  lies,  the  judge  is 
obliged  to  seal  such  bill.  See  the  stat ;  Run- 
nington's  ed.  of  Hale's  Hist,  of  the  Common 
Law  990;  Tomlins's  l^w  Diet.  3  Blacks. 
Comm.  379.  It  appears  that  in  Rich.  v.  Player, 
aarej^rted  by  sir  Bartholomew  Shower  (p.  368) 
next  immediately  after  this  case  of  Pilkmston 
snd  others,  a  bill  of  exceptions  was  allow^  on 
a  challenge  of  the  array.  As  to  the  form  of 
prooedare  upon  a  biU  of  excqitions,  see  in  this 
CoiOsction  Leach  against  Monfjy  and  others, 
i.  n.  1765. 


and  you,  gentlemen  of  the  jury,  this  is  an  In- 
formation Drought  by  the  king  against  Thomas 
PiUdngton,  &c.    Gentlemen,  the  Information 
sets  forth.  That  upon  the  24th  of  June  last, 
in  Guildhall,  there  was  a  common  hall  supi- 
moned  by  sir  John  Moore,  knight,  and  there- 
upon held  for  the  election  of  sheriffs  for  the 
year  then  ensuing  the  feast  of  St  Micha^: 
and  that  on  the  same  24th  of  June,  sir  John 
Moore,  then  mayor,  adjourned  the  court  tUl 
the  Tuesday  following  by  proclanmtion.    That 
after  the  said  adjournment,  my  lord  mayor 
made  proclamation  for  all  persons  to  depart: 
and  that  the  defendants,  intending  to  disturh 
the  peace  of  the  king  after  the  a'ljournment 
aforesaid,  did  unlawfully,  With  many  persons 
unknown,  meet  together,  and  riotously  assault 
the  lord  mayor.    And  afler  the  adioumment 
by  proclamation,  tivo  of  the  defeoJants,  Pit- 
kmgton  and  Shute,  by  colour  of  then*  office  aa 
sheriffs  of  this  city,  and  the  rest  of  the  defea- 
dfints,  did  continue  the  poll,  and  unlawfuU j 
affirm  to  the  people,  That  sir  John  Moore  had 
no  power  to  adjourn  them.  And  that  they  con- 
tinued this  great  tumult  three  hours,  to  the 
terror  of  the  king's  subjects,  and  the  eidl  ex* 
ample  of  others,  and  against  the  peace  of  our 
sovereign  lord  the  king.    To  this  the  Defen- 
dants have  pleaded  Not  Guilty,  &c. 

Attorney  General.  This  Information,  my 
lord,  is  brought  for  settling  the  peaee  in  this 
city,  and  to  shew  before  you  all,  who  is  th« 
supreme  magistrate  under  the  king  in  this  city  i 
for  that,  gentlemen,  you  see,  is  grown  a  great 
<luestion.  Whether  my  lord  mayor  is  not  only 
in  the  hall,  but  in  his  chair,  the  supreme  ma- 
gistrate ? 

Gentlemen,  I  must  acquaint  you,  that  my 
lord  mayor  in  all  times,  even  liefore  the  ci^ 
had  the  election  of  him,  was  the  king's  lieu- 
tenant, and  the  supreme  magistrate  in  the  city, 
and  no  public  assemblies  could   ever   meet 
together  without  his  sununons;  he  was  tiie 
great  and  chief  director,  and  this  1  believe  ia 
all  your  observations  that  are  of  the  jury,  I 
can  make  it  evident,  that  this  hath  been  tha 
constant  frame  of  this  government  in  the  city  : 
for  the  sheriffs,  g^tlemen,  they  are  no  corpo- 
ration officers,  they  are  county  officers,  as  ia 
all  the  counties  of  £ngland;  and  they  are  the 
king'troffioers  for  the  execution  of  the  king's 
writs,  and    the    preservation  of   the  king's 
peace ;  but  the  government  of  the  corporatioii 
IS  in  the  mayor,  and  not  in  the  sheriffs.    Gen- 
tlemen, the  question  now  arising  here,  is  ahout 
the  election  of  sheriffs ;  it  is  true  there  were 
very  disorderly  tumultuous  proceedings ;  ray 
lord  mayor  he  comes  and  doth  appoint  another 
day  for  them,  and  discharges  tnem  at  that 
time.    We  will  make  appear  to  you,  that  it 
was  always  his  right  in  all  times,  both  to  sum- 
mon a  common  Iwfl,  and  dissipate  it,  and  ap- 
point them  another  day,  or  to  dissolve  them, 
as  the  mayor  did  see  cause.    Tlie  mayor  hav- 
ing, according  to  the  ancient  manner,  ad- 
journed this  eourt,  the  sheriffs  they  proceed  ; 
do  not  only  refuse  to  obey,  but  they  proceei^ 


137]        STATE  TMAIA  d^  Cil aklbs  Uf  i6S9.-- mil  i^heriffmr  n  JUol.        [23» 

lad  mke  prodamaliony  that  it  m  not  in  the 
power  of  tbe  mayor,  takioff  upon  them  that 
whidi  never  anj  sherifls  du  in  any  time ;  they 
mke  proclamation  contrary  to  what  the  mayor 
M  done,  and  continue  the  poll,  and  proceed 
nd  pfrodaim  the  mayor  had  usurped  that 
p0«rer  which  was  thorns,  though  allerwards 
they  transferred  the  supreme  power  to  the 
Ererymen ;  but  I  think  no  age  will  siifTer,  that 
the  supreme  jpower  should  be  in  the  livery- 
men,  tiuU  are  expressly  ap^inted  to  act  by  a 
common  council,  whicn  is  indeed  the  repre- 
KotatiTe  of  the  whole  city.  But  this,  gentle- 
nen,  bang'done  by  thesherifis  haviug  usurped 
the  power  of  the  mayor,  they  did  pn^eed  in  a 
Moos  manner;  when  the  mayor  attempted 
to  go  out  of  the  ball,  they  strucK  him,  struck 
his  hat  off,  and  pressed  several  of  the  alder- 
nen  ;  the  evidence  will  make  out  in  what  an 
OotrageoviB  manner  it  was  carried  on.  If  the 
sdiers  had  made  opposition,  how  soon  had  all 
been  in  confusion  upon  this  usurpation,  that 
the  shenffii  had  set  up  for  themselves,  that 
they  aire  the  delegates  of  the  people,  and  must 
ippear  to  be  the  supreme  magistrates  of  the 
a^  of  London !  I  think  the  citizens  them- 
9^es  will  never  endure,  that  those  that  are 
bat  oomty  officers,  shoi^  ever  invade  the  go- 
venuBflDt  of  the  corporation.  Gentlemai,  we 
win  shew  you  the  particulars  of  this,  and  you 
hare  nothing  to  inquire  after,  but  whether  they 
guilty  of  the  not  or  no  ? 


Soiiciior  General.  My  lord,  we  will  call 
oor  witnesses,  and  prove  our  case  by  these 
Meps.  For  the  questioo,  That  whether  or  no 
the  dsfendants  in  the  ixiformation  were  guilty 
of  a  riot,  in  continuing  the  assembly  after 
my  lord  mayor  had  adjourned  them,  we  wiQ 
prove  it  by  these  steps,  that  it  is  in  the  power 
of  the  kird  mayor  to  call  a  conunon  hidl, 
and  adjourn  the  common  hall ;  that,  my  lord, 
when  the  common  hall  was  assembled  tor- the 
porpose  of  electing  sherii&,  that  he  did  ad- 
lonm  the  common  liall ;  and  that  contrary  to 
MS  ailioiimnient  the  sherifls  continued  it,  de- 
ekrinc'  my  lord  mayor  had  no  right  so  to  do ; 
and  mat  afterwards  my  lord  mayor  com- 
naoded  them  to  depart,  and  they  continued 
their  assembly  there  m  a  very  riotous  manner ; 
aid  as  my  lord  mayor  came  down,  they  offered 
iBsoIeDcies  to  his  person,  and  they  continued 
the  assembly  there  in  a  riotous  manner,  and 
conamendeJ  the  sheriffs  that  did  assert  their 
right,  following  them  in  a  riotous  manner  into 
Caeapside,  crying  out  in  a  fiictious  manner, 
*  God  bless  the  Protestant  sherifls.' 

Seg.  Jefferies,  My  lord,  we  would  begin 
WI&  our  witnesses ;  but  for  the  gentlemen  of  the 
jnry,  which  I  think  are  men  that  belong  to  the 
dty,  and  that  the  thing  may  be  very  intelli^- 
Ue,  I  beg"  leave  to  acquaint  your  lordship  with 
the  methods  that  have  always  been  proceeded 
in,  in  choices  of  this  nature.  My  lord)  we  will 
make  it  appear,  and  I  think  it  will  not  be 
^snined  by  any  ikian  that  knows  the  city  of 
lUmdon,  tbat  eomaion  haH(|  are  always  sum- 


moned  to  appear  by  the  intimaiioii  of  tho 
mayor,  of  tne  mayor  himself,  at  any  time 
when  he  finds  an  occasion,  either  for  the  as- 
sembling of  a  common  council,  or  the  assem« 
blin^  ofa  common  hall,  &c.  pracepts  are  fe- 
sued ;  they  are  words  that  yon,  gentlemen,  do 
understand  very  well,  to  summon  a  common 
haH  from  time  to  time.  It  is  very  true,  thoivh 
they  do  usnally  make  summons  for  Mid* 
summer-day,  yet  Midsummer- day  being  a 
public  and  notorious  day  for  the  choice  of 
some  particular  persons,  they  are  not  so  con- 
tinually exact  in  summons ;  for  thcry  do  pre*^ 
sume,  that  every  body  takes  notice  of  the  day.' 
But  I  am  to  ffive  your  lordship  an  account : 
whereas  in  me  record  there  is  only  notice 
taken  concerning  the  sheriffs  on  Midsummer- 
day,  it  is  notoriously  known  to  all  gentlemeii 
that  are  inhabitants  in  London,  there  is  a 
choice  of  chamberlain,  and  auditors  of  tfaa 
bridge-house  and  chamber-accounts,  down  to 
ale-conners ;  and  that  the  sheriffii  of  London, 
gva  Shcrifi  of  London,  are  no  more  in  tho 
case  than  any  private  man  is.  I  do  take  notice 
of  this,  to  give  you  an  account,  that  as  soon 
as  these  officers  are  dispatched,  I  myself  had 
the  honour  to  serve  the  city  some  time,  and 
know  it  very  well ;  therefore  I  take  the  liberty 
to  explain  it  to  some  of  these  gentlemen  that 
are  foreigners.  My  lord,  as  soon  as  ever  this 
is  done,  (as  it  was  frequent  before  people  were 
so  ambitious  to  come  into  the  office  of  sheriflb, 
as  they  have  been  within  two  or  three  years  ; 
for  it  was  not  known  till  of  late,  that  the  peo- 
ple were  fond  of  the  office ;  there  is  a  terra 
they  uRo,  *  To  go  a  Birding,'  as  they  call  it, 
they  did  not  se^  for  the  office,  as  they  have 
done  of  kte)  when  there  was  any  person  came 
off  from  serving,  that  is,  paid  a  fine  of  400/.  for 
coming  off;  then  the  usual  meUiod  was  to  obU 
another  common  h{ll>  for  they  never  made 
application  to  Mr.  Sheriff,  *  Good  Mr.  Sheriff, 
let  us  have  a  common  hall :'  But  the  common 
way.  Was  ^i  time  of  vacation,  (for  in  August, 
there  are  no  such  things  as  courts  of  aldermen 
held ;  courts  are  not  then  held,  exo^  the 
sheriffs  court)  then  to  go  to  my  lord  mayor's 
house,  and  be  appoints  them  to  come  to  a 
common  hall,  a  meeting  for  to  ehuse  such  and 
such  :  He  orders  the  sword-bearer,  or  other 
officer  that  is  attendant  upon  his  person  in  his 
house,  to  send  forth  summons,  in  order  to  such, 
a  thing  as  the  assembling^  a  common  hall,  and 
there  may  be  sometimes  out  one  sheriff  there ; 
nay,  I  have  known  it  sometimes  when  tb^« 
hath  been  never  a  sheriff,  and  yet  they  have 
not  thought  they  have  wanted  a  judge  of  tliat 
assembly :  But,  my  lord,  when  all  the  matter 
is  over,  and  p^ons  are  declared  to  be  chosen 
into  Ms  or  that,  or  tlie  other  office  in  the 
common  hall,  then  an  officer  in  the  city,  not 
an  o^er  of  the  sheriffs,  but  an  officer  wmch  ii 
caUed  by  tbe  name  of  the  Common  Gryer,  he 
makes  proelaiDation  upon  the  hustings,  where 
my  lora-mayor  is  judge,  for  all  gentlemen  to 
depart  for  toat  time,  and  to  give  their  attend-» 
ance  there  to  another  summons^    And  now. 


«2d9 ]    STAT£  TRIALS,  35  CuARLBfl  IV  l6S3.-«2Ha{  oj Tk^mM 

my  lord,  to  make  tb«  thing^a  little  rooi^e  Intel- 
ItfiUe,  there  is  a  differeacebetween  the cboice 
of  the  county  officers  and  the  corporation  offi- 
for  at  the  election  of  city  officers,  tlie 


4m    |jd40 


cers 


Common  Serjeant,  the  Common  Cryer,'  and 
Town  Clerk,  and  the  officers  that  attend  and 
manage  the  common  hall,  where  my  lord- 
mayor  is  looked  upon  to  be  the  8u);ierintendant ; 
but  at  the  election  of  parliament  men,  the  writ 
i$  directed  to  the  sheriffs,  and  tliey  interpose  in 
all  the  management ;  and  then  the  Common 
Serjeant  and  Common  Cryer  have  nothins  to 
.do;  but  at  such  times,  the  Secondaries  ofthe 
Compter,  which  are  deputies  to  the  sheriffs, 
they  come  and  manage  tne  whole  affair.    This 
I  tell  you,  because  1  hare  been  pretty  well 
acquainted  with  the  methods  ofthe  city.     I  do 
Tery  well  remember  I  had  the  honour  to  serve 
the  city  of  London,  at  that  time  sir  Robert 
Clayton  was  lord- may  or;   and  there  was  a 
great  occasion  to  try  a  person  about  the  assas- 
sination of  Mr.  Arnold ;  and  the  question  was. 
Whether  they  should  proceed  \o  a  poll  or  not  ? 
because  they  were  to  go  tp  the  Sessions-House 
in  the  Old-Uajley^  in  order  to  the  trying  of  that 
person.    That  worthy  gentleman  bein^  then  in 
the  chair,  I  had  the  honour  to  sit  by  him  ;  or- 
Oei'ed  .the  court  to  be  adjourned  for  a  da^  or 
two,  because  they  were  to  go  to  the  Sessions. 
Tliere  was  no  asking  tlic  sheriffs  opinion  when 
sir  Robert  Clayton  was  lord-mayor,  nor  there 
was  no  such  thing  then  ;  but  now  the  case  was 
idtered,  for  sir  John  3Ioorc  was  lord-mayor. 
Now,  my  lord,  sir  John  Moore,  like  a  good 
magistrate,  endeavouring  to  preserve  the  pri- 
vileges of  the  chair,  there  happened  a  contro- 
versy amongst  the  members  of  the  common 
hall,  whereby  the  public  peace  ofthe  kingdom 
might  have  been  much  injured,  as  well  as 
the  peace  of  the  cit^  very  much  disturbed. 
To  prevent  which,  sir  John  Moore,  in'th  the 
advice  of  his  worthy  brethren  the  aldermen, 
came  upon  the  hustings,  and  found  they  Were 
all  in  an  uproar,  and  not  cool  enough  for  any 
debate ;  for  they  were  wound  up  to  that  height 
of  iiury  or  madness,  that  they  had  not  a  good 
word  to  bestow' upon  their  magistrates,  nor 
upon  him  whom  their  chief  magistrate  did  re- 
present.   For  we  must  tell  you,  when  they 
cried.  Pray  God  bless  the  King,  as  is  usual  for 
the  officer  upon  such  occasions  ;  many  cried, 
No,  God  bless  the   Sheriffs,    the  Protestant 
iSrtieriffs.     ^V  hereupon    my  lord -mayor,    for 
preservation  of  the  peace,  adjourned  tlie  com- 
mon hall,  and  required  the  members  to  depart 
and  come  down  off  tlie  hustings :  The  rabble, 
^for  by  the  way,  a  great  many  of  these  persons 
in  this  Information,  as  Mr.  Goodenough,  and 
the  rest  of  them,  were  not  liverymen,  nor  con- 
cerned in  the  election  one  way  or  other ;  but 
came  there  on  purpose  to  foment  and  to  raise 
up  the  spirits  and  malignant  dispositions  of  a 
sort  of  people  tliat  are  enemies  to  the  govern- 
ment ;  they  came  to  foment  quarrels,  and  not 
maintain  peace]  my  lord,  when  my  lord-mayor 
came  off.  the  iivsting^,  they  came  upon  him, 
had  hiiik  down  upon  his  knees,  and  his  bat  off; 


and  if  some  gentlemen  had  not  come  in,  thejr 
had  frod  him  under  feet;  such  an  indignity 
was  then  done  to  the  lord-mayor  of  London, 
who,  I  think  I  may  say,  deserved  as  well  from 
the  government  of  this  city,  as^ny  gentleman 
that  ever  presided  in  that  office,  that  before  hatl 
not  been  heard.  My  lord,  Ave  \yill  call  pur 
witnesses,  to  prove  the  manner  ofthe  elections 
to  be  as  I  have  opened  it,  and  to  prove  the 
matter  in  the  Information.— Call  the  Common 
Serieant  and  Mr.  LightfOot,  the  Common  Cryer» 
and  the  Sword  -bearer. 

Att,  Gen.  Mr.  Lis^tfoot,  pray  give  an  ac- 
count to  the  jury  and  the  couit,  of  Sie  manner 
of  election,  and  chusing  a  common  haU, '  and 
the  manner  of  it. 

Lightfoot,  My  lord,  I  have^  been  almost  25 
years  an  attorney ;  I  always  took  it,  that  the 
Serjeant  of  the  chamber  had  order  to  go  down 
to  the  clerks  or  beadles  of  the  companies,  to 
summon  a  common  hall  by  such  a  day. 

Att,  Gen,  By  whose  command  P 

Lightfoot.  By  my  lolrd -mayor's. 

Alt,  Gen.  In  all  your  time,  did  the  sheriffs 
ever  summons  any? 

Lightfoot,  O,  no. 

Serj.  Jefferies,  Pray  Mr.  Lightfoot,  thus : 
When  they  were  met,  what  was  the ,  usual 
method  ? 

Lightfoot.  Before  the  lord-mayor  and  al- 
dermen were  set,  the,  people  walked  up  and 
down  the  hall  till  the  lord- mayor  did  come  ; 
but  as  soon  as  my  lord  mayor  came,  the 
Common  Cryer  made  procLunation,  <  O  yes, 
you  good  men  of  the  h  very,  stmsmoned  such  at 
day  tor  election,  and  so  draw  near,  and  give 
your  attendance.' 

Alt.  Gen.  Whose  officer  was  the  Common 
Cryer? 

lightfoot.  My  lord-mayor's  officer. 

Serj.  Jefferies.  A  corpcHation  officer. 

Att.  Gen>  Now  forthe  dissolving  them. 

Lightfoot,  When  they  have  done  the  busi- 
ness, Mr.  Town  Clerk,  as  I  take  it,  takes  his 
direction  from  the  lord  mayor,  and  he  lads  the 
officer  make  proclamation ;  <  You  good  men  of 
the  livery,  depart  hence  for  this  time,  and 
appear  at  a  new  summons.' 

Att.  Gen,  Did  the  sheriffs  ever  dissolve  them  f 

Lightfoot.  Never. 

Att.  Gen.  Did  the  common  hall  do  it  ? 

Lightfoot.  No,  there  was  no  such  thing. 

Mr.  Jones.  Mr.  Lightfoot,  aAer  my  lord  majror 
had  dismissed  the  hall,  did  you  ever  hear  the 
sheriffs  keep  them  together  P 

Lightfoot.  All  the  people  went  away  till 
within  tliis  three  or  four  years. 

Mr.  Jones.  Since  when  f 

Lightfoot.  Since  Mr.  Bethel,  about  that 
time. 

Serj.  Jefferies.  Ay,  in  Bethel  and  Cornish's 
time,  then  i)cgan  the  bustle. 

Mr.  Williams.  You  sav  you  have  been  an  at- 
torney 25  years  ;  I  would  ask  you,  in  all  tliat 
time,  Mr.  Lightloot,  in  all  that  time,  did  yoa 
ever  know  the  lord  mayor  aij^u.n  the  common 
hall  to  a  certain  day  f 


ZkX)        STATE  TRIALS,  ^5  Cii ablks  II.*  iGSS.-^ffttiT  cth^hjar  a  md.       [24t 


U^itfoot.  There  ^r«s  De?eraiijoeeatioo. 

Wx.  Thcmpson.  Answer  my  question. 

U^iMM.  Inererdid. 
^  Sir  tr.  Winn,  1  would  «sfc  jon  another  qn< 
tiiB,  Bfr.  lightfoot :  did  joa  erer  know,  before 
die  ejection  was  over,  when  the  electors  were 
thmwig'  sherifls,  or  pollmr,  or  debating  it,  did 
yoQ  erer  know  in  the  middle  or  it,  the  mayor, 
agaifttt  the  wiR  of  the  aheriflb,  adjoom  it? 

Lightfoo^.  No,  no. 

SoLGen.  Didererthe  sheriffiinndertake to 
he»  ihem  lomher  befwe  theae  late  times  ? 

Ligkt/boi.IiOj  never. 

Mr.  Thm^ton.  Pray,  Sir,  this  :  Though  it  is 
wosl,  after  the  sherim  have  taken  the  pott,  to 
ae^fMont  my  lord  mayor,  did  yon  ever  know, 
Aat  tile  sherifis  have  ad)omiied  the  common 
hall  Without  acquainting  my  lord  mayor  ? 

lAghtfoot:  No. 

Mr.  Tkompton,  I  ask  you  one  question  more : 
do  Twn  remember  when  there  was  a  poll  betwen 
m  Thomas  Stomp  and  another  P 

Ughtfoot.  No,  I  do  net  charge  my  memory 
with -it. 

Mr.  T^ompami,  Do  you  remembier  when 
there  was  a  poQ  between  sir  Robert  Cbyton  and 
Mr*  Kyffien  f 

Ligitfbttt.  I  was  about  the  hall. 

9^.Jefferk»,  Do  ^^on  remember  when  there 
was  a  pou  between  sir  Simon  Lewis  and  Mr. 
Jenki.^  Who  did  manage  that  pdi?  \ 

Cmn,  Sen.  I  did. 

Mr.  WUtiams.  Are  yon  upon  your. oath  ? 

Cam,  Serf.  Yes,  I  am. 

Light  foot.  When  they  were  gone  to  the  poll, 
I  west  out  of  the  hall. 

Ait,  Gen.  Did  you  ever  look  upon  it,  that 
dte  sherift  had  any  thing  more  to  do  than 
others? — Lightfoot.  No. 

Att,  Gen.  Who  were  indueed  to  take  the 
piDr  ffas  it  by  the  sberiifs  or  the  k>rd 
tnayor? 

Ijghtfoot.  I  have  been  appointed  bj  my 
lard  mayor.  I  do  know,  that  the  sheriflfshave 
tdoen  upon  ihem  to  appoint  a  noil,  and  ^hen 
aiy  loni  appointed  his  clerks  in  tne  house  to  be 
antant  to  the  common  serjeant,  and  the  town 
deik :  I  nerver  was  but  ia  two  polls,  one  for 
Mr.  Box,  and  another  for  my  lordmavor.  One 
Went  on  with  the  poQ  in  one  place,  ana  the  other 
B  soother. 

Att.  Gen.  But  before  that  time.  Sir  ? 

Lkgkifoot,  I  know  nothing  of  that,  Sir,  I  was 
never  concerned  before. 

Mr.  Holt.  Pnij,  Sir,  who  used  to  manage'the 
pofl  before  ttiis  time  f 

Sir  Fr,  Winn.  Mr.  Lightfoot,  I  would  ask 
you  a  question  :  who  managed  the  poll  before  ? 

UgMfoot.  I  have  been  m  a  common  hall 

when  th«y  have  been  chasing  sheriffii,  when 

tereral  have  fined.    And  it  bath  been  upon  the 

oaestionY  when  the  hall  hath  divided,  and  they 

ure  polled  in  the  hall. 

Sir  Fr.  Winn.  Who  polled  then  ? 
Lightfoot,  The  snerifTsand  the  officers  stood 
tfidsaw  them  go  oiu,  and  this  is  within  these 
Kiv  years. 

VOL.   IX 


Sir  JFV.  ITifin.  Mr.Li^tfoot,Iadcyouthus(. 
now  in  all  your  observations,  when  there  wai 
any  contest,  who  was  shi^riff  upon  the  election, 
and  the  divisions  during  the  thne  of  election, 
and  before  it,  were  at  an  end,  who  did  manage 
it,  the  sherifb,  or  the  lord  mayor  ? 

Lightfoot.  When  the  court  had  been  pro- 
claimed, and  the  recorder  had  spoken  to  them, 
my  lord  may^or  and  the  aldermen  withdreiir 
from  the  hustings,  and  the  sherifib  and  otiier 
officers  stood  there  with  them ;  then  the  com- 
mons proposed  who  they  would  have  pot  in  no;* 
mination,  and  they  were  put  up ;  then  the 
sherifib  have  turned  back  to  the  fentiemefi 
upon  the  hustings  to  ask  their  opimons,  how 
are  your  opinions  concerning  the  hands  P  W« 
do  lliink  it  goes  so ;  then  it  halh  been  de- 
clared. 

Sir  Fr.  Winn.  By  whom  P 

Lightfoot.  The  common  crycr,  or  the  com- 
mon Serjeant. 

Sir  JFV.  Winn*  Yon  say,  as  soon  as  my  lord 
mayor  withdrew,  during  the  time  of  electlODi  tie 
two  sherifis  managed  the  halL  » 

L^Mbot.  Intnat  manner  with  others. 

Sir  Fr.  Winn.  Mr.  Lightfoot,  do  you  nmeitt- 
her  who  adjourned  the  hall,  wben  Mr.  Beithel 
and  Mr.  Cornish  were  chosen  ? 

lightfoot,  I  cannot  tell. 

Serj.  J^eriei.  Mr.  Common  Serjeant,  are 
you  swchu  P— Com.  Stfiy.  Yes. 

Ser).  Jejftrie$.  ¥nj  wiU  you  tdl  Mf  lopnd 
andthejury  what  you  have  observed  in  partH^ 
cular,  because  I  mentioned  it,  in  the  time  of  sir 
Robert  Clayton  ?  Mention  how  that  was. 

Com.  Sery,  My  lord,  when  the  common 
crier  hath  made  proclamation,  the  lord  mayor 
and  court  of  aldermen  being  set  upon  the  hnsi* 
ings,  Mr.  Recorder  makes  a  speech  ;  as  soon 
as  that  is  done,  my  lord  raftyor  aud  the  aMermeU 
retire  into  this  court,  leaving  the  sherifls  and 
me,  and  thereat  of  the  officers,  upon  the  hust- 
ings, and  I  there  manage  the  eleetiou  ;  and 
when  the  election  is  made  I  go  up  to  the  court 
of  aldermen,  and  make  report  of  what  hath  been 
done  in  the  hall.  I  declare  the  election,  and 
I  manage  the  election,  and  do  it  as  the  duty  of 
my  olace.  ' 

Mr.  WiUiamt.  Who  manages  the  election  P 

Com.  Serf,  I  manage  the  election ;  I  d^lare 
what  is  my  opinion  of  the  election  in  the  hall ; 
and  I  come  and  make  report  to  my  lord'  may^ 
in  this  course ;  then  my  lord  mayor,  and  tile 
aldermen,  and  the  recorder,  come  down  again. 
I  remember  particularly  when  sir  Robert  Clay- 
ton was  lord  mayor,  it  was  about  the  choice  of 
Mr.  Bethd  and  Alderman  Cornish,  and  there 
was  a  great  disturbance  in  the  ball  ;  then  I 
came  into  the  court,  and  ailer  I  had  made  iny 
report,  I  offered  to  give  the  paper  to  the  re- 
corder tb at  then  was,  sir  George  J eifcries.  He 
told  me,  that  the  people  would  not  hear  him, 
and  therefore  he  would  not  take  the  papcK*. 
Upon  that  sir  Robert  Clayton  said  to  roe,  pri- 
thee, do  thou  speak  to  tnem  ;  they  wHI  hear 
thee,  if  they  ivill  hear  any  body  ;  tor  the  hall 
was  in  a  great  uproar,  and  they  catted  to  threur 
i      R 


tt43]     STAT1B-TaiAI£/35CHARLTOn.  l«S3.--7Halii/77bM»PlftMi^<m     1244 


me  off  the  hiutiiigB,  and  then  I  made  an  answer 
to  Sir  Robert  CJay ton ;  Sir,  it  is  ^not  the  duty 
of  my  office,  and  when  I  do  an^  tbiugr  tl^t 
is  not  my  office,!  shall  expect  particular  direc- 
tions. Then,  saith  be,  you  must  tell  them,  I 
must  adjourn  them  till  Monday,  because  I  go  to 
the  Old-Bailey  to  try  the  assassinates  of  Arnold. 
Thereupon  the  hail  was  adjourned,  and  procla- 
mation made  to  depart ;  and  my  lord  mayor 
-Attempting  to  go,  was  beat  back  twice  or  thnce, 
imt  at  last  they  let  him  and  the  aldermen  go, 
And  kept  the  sheriffs  and  me  till  evening.  At 
Jast  Mr.  Papillon  came  up  to  me  ;    Mr.  P^* 

Jillon,  says  I,  I  am  glad  to  see  you,  you  will 
ear  reason.  Says  he,  why  do  not  you 
go  on  with  the  poll?  I  told  him,  my  lord 
mayor  had  adjourned  the  hall.  Says  he,  I  did 
not  hear  it  before ;  but  now  you  tell  me  so, 
I  will  go  out  of  the  hall.  Says  I,  Sir,  you  will 
do  very  well  to  tell  the  hall  so  ;  which  he  did, 
and  some  went  away  ;  and  further  adjourn- 
ments were  made  by  the  direction  of  my  lord 
.mayor. 

Ait.  Gen.    I  .wonld  aak  you  a, question  or 
^o :.  Who  do  you  look  upon  to  be  the  chief 
jnmstale  of  the  city  ? 
>  Com,  Serf.  My  lord -mayor.  Sir. 

Att.  Gen.    Pray,  in  all  your  time  till  this, 
was  .there  no  uproar  ?    Did  ever  any  sheriff 
•  undertake  to  oontroul  the  mayor  in  the  busi*, 
ness  of  putting  questions,  or  taking  votes  ? 

Com*  Sety,  Sir,  there  was  never  any  dispute 
till  Mr.  Sheriff  Bethel  was  upon  the  hustings, 
ftod  then  there  was. 

Att.  Gen.  As  whose  officer  did  you  do  it  ? 

Com.  Serf.  My  lord-mayor's,  and  die  city  of 
London's ;  I  have  nothing  to  do  with  the  she- 
rifis ;  for  when  there  is  a  writ  comes  for  the 
choice  of  pariiament-men,  directed  to  the 
sheriffs,  I  never  do  it,  but  Mr.  Seoondaiy. 

Att.  Gen.  I  speak  of  latter  disturbances. 

Com.  Serf.  The  first  dispute  about  sherifis, 
since  I  was  common  seijeant,  was  about  Mr. 
Jenks,  and  that  poU  was  taken  by  the  diiection 
of  the  lord-mayor,  by  the  town  clerk,  and  my- 
self;  and  our  books  say.  If  there  be  a  dispute 
in  the  common  hall,  it  must  be  decided  as  in 
the  common  council.     It  is  in  Liber  attu$. 

Ait.  Gen.  U^niger. 

S&j.Jeff'.  "No,  lAber  allnu. 

Att.  Gen.  JUher  albu$  f  It  ii  Liber  niger^ 
tiiey  turn  the  white  book  into  a  black  book 
now. 

Sir  Fr.  Winn.    At  that  time.  Sir,  when  my 

lord-mayor  was  willing   to   go  to   the  Old 

Bailey,  IhA  the  sherifls  do  any  thinff  farther  P 

C<m.Serf,  ThesheriffifdidnotBaeddleinthe 
matter. 

Serj.  Jeff.  Mr.  King,  pray  give  my  lord  and 
the  jury  an  account  of  what  you  know  of  this 
matter. 

Mr.  Peier  King.  I  have  been  at  a  court  of 
common  hall  28  years,  my  lord,  and  hfive  been 
concerned ;  I  never  looked  upon  the  sheriffii 
to  have  any  concern  there.  And  I  do  very 
wett  remember  sir  Geoige  Jefferies;  I  do  re- 
vatuhtr  and  know,  they  did  always  in  Imcient 


times  take  advice  of  the  officers  by*  and  ihej 
never  did  esteem  themselves  in  those  dMrs,  t» 
be  any  more  concerned  than  as  the  best  officers 
to  be  preferred  before  the  rest :  When  my  lord 
says.  Come  up,  they  come  in  or«ter,  the  mas* 
ters  and  wardens  of  the  companies. 

Att.  Gen.  Who  did  do  the  business  upon 
the  hustings  ? 

Mr.  King.  All  of  them,  Sir,  all  together. 

Ait.  Gen.  Was  there  never  any  differeaco 
about  the  votes  P 

Mr.  King..  Sometimes  they  have  stood  upon 
it.  ' 

Att.  Gen.  When  there  was  a  ouestioa  made 
to  know  who  had  the  most,  who  decided  it  ? 

Mr.  King.  They  generally  asked  one  ano- 
ther. What  do  you  uiink,  and  what  do  yoa 
think  P  I  speak  for  SO  years  together  since  the 
king  came  in. 

Att.  Gen.  I  hope  in  God  there  bath  been  a 
king  in  England  for  30  years,  though  perfcafto 
some  of  the  sherifls  that  were  then  in  debale, 
would  have  had  none. 

Mr.  Thompson.  Mr.  KiOff,  I  only  detrire  to 
know  this  of  you,  because  I  know  you  knovr 
questions ;  I  desire,  my  lord,  to  know  whetber 
he  speaks  it  to  be  a  matter  orrigbt,  or  his  opir 
nion  ;  for  wc  know  Mr.  King^s  opinion  will  go 
a  great  way  in  tliis  matter.  Do  you  speak  it 
as  a  thing  of  rip^ht,  or  as  your  conceptions? 

Mr.  King.  Sir,  it  would  be  a  thine  very  coa« 
fident  in  me  to  determine  qi  the  right,  but  only 
as  I  always  esteemed  it. 

Serj.  Jeff.  Mr.  King,  1  would  ask  you  this 
imestion ;  Pray  do  you  tell  your  belief  upon 
the  observation  that  you  have  made  from  tone 
to  time  of  the  practice  there  ? 

Mr.  King.  An  hundred  and  a  huudred  com- 
mon halls  I  believe  I  liave  been  at. 

Mr.  Utompton.  Tliat's  good  store. 

Seij.  Jeff.  That  may  be  when  there  are 
many  fines;  when  I  was  common  setjeant, 
there  were  5,000/.  fines  one  year. 

Sir  Fr.  Winn.  I  desire  you  to  me  your  opi- 
nion ;  you  say  they  are  all  equal  that  are  tbereu 

flr.King.  Every  officer  in  his  d^ee:  for  if 
SO  men  go  together,  he  that  is  best  speaks  finC 

Att.  Gen.  Were  the  sheriffii  Allowed  to  be 
there,  or  no? 

Mr.  King.  The  sheri£&  are  always  bound  to 
attend  my  lord-mayor  by  their  oaths,  unleae 
they  have  lawful  esrcuse. 

Mr.  Jones.  .  Mr.  King,  did  the  sheriffs  ever 
continue  the  assembly  after  it  was  dissolved  P 

Mr.  King,  No,  Sir. 

Mr.  Jones.  Or  could  they  do  it? 

Mr.  JCiR^.  I  can't  say  tnat 

Mr.  Thon^fson.  Did  you  ever  know  my  Istd- 
mayor  adjourn  the  court  till  the  hall  had  done  ? 

Mr.  Xing.  I  can't  tell. 

Mr.  ThiWipson.  I  tell  yoU|  Sir,  sir  Samuel 
Starling  did. 

Seg.  Jeff.  But  the  sheriflb  could  not  do  it. 

Mr.  Tlumunon.  Nor  he  neither ;  for  he  paid 
for  it. 

Mr.  Holt.  Mr.  King,  I  ask  this  qpiestion; 
Who  declares  the  poll  in  the  ballf 


i 

i 

I 
I 


Mr.  Kimg,  They  always  aeree,  onlesa  it  be 
voy  dear ;  I  bare  knowa  the  common  ser- 
jenit  do  it  ae^eral  timea  without  disputiiig^. 

Can.  JSen*  When  perBoos  are  put  in  nomina- 
tm,  and  the  haiMM  are  held  up  ;  I  generally 
adc  the  people  aboiit  me,  who  ha?e  most,  and 
particulany  the  sheriffs,  and  so  make  declara- 


M5]         STAll  TRIALS,  35  CAarUs  IL  t6HS.^fmdaihen,fifr  m  K^.        ["i^S 

■  Mk*.  King,  Tlie  commoQ  aegeant    '  |     Serj.  Jeff,    Mr.  Common  Cryer,  I  would 

Mr.  HolL  Who  directs  him  usually  ?  fain  know  this ;  when  my  lord  ma^'or  is  gooe^ 

lir.  Kmg,  Has  office  directs  itself.  and  the  aldermen,  during  the  election,  do  you 

Mr.  Hoit,  •  I  ask,  if  the  &henfia  don't  agree,    eter  disouss  the  court  before  my  lord  comes 
who  ia  elected  before  the  common  Serjeant  make    down  again;  and  do  not  you  take  the  very 

words  of  dissolution  from  the  town*clerk  ? 
Com.  Cmer,  1  do  so. 

Serj.  Jeff  And  what  is  usnal  in  yoqr  tim* 
when  sheriffi  have  fined  off;  who  gave  di« 
rections  for  a  common- hall  ? 
Com.  Cryer,  My  lord  mayor,  Sir. 
Att.  Gen,  Who  is  it  puts  the  question,  th« 
common  Serjeant  or  the  cryer  ?  . 

Com,  Cryer.  The  common  seijeaot  dictates 
tlie  words  to  me,  and  I  never  take  them  from 
any  other ;  I  have  taken  the  paper  into  my 
own  hands,  but  never   but  one  yearneither. 


JL  C  J.  The  oflicers  ask  one  another,  who 
ttey  think  has  most?    That  doth  not  give 
the  inrisdiction,  that  they  choose  officers  I 


the  krd-mayor  or  sneriffs:  But,  for    when  they  were  in   a  confusion  ;    the  time 


aa^t  that  I  see,  these  officers  have  had  more 
•a  do  about  the  choice  than  the  sherifiis  have. 
These  officers  consult  one  with  another  com- 
aofthr,  and  conclude  which  side  have  most ; 
and  tiien  rq^rt  it  to  my  k>rd-mayor. 
803.  «K^  First  of  all,  when  they  put  anv 
a  M  any  officer  in  the  common  hall, 
a1  way  of  putting  the  question  is,  <  As 
ly  of  yon  as  would  have  such  a  man  to 

*  besiich  an  officer,  hold  up  your  hands : '  And 
if  the  election  be  dear,  proclamation  is  made 
praacntly :    If  not,  the  common  serjeant  asks, 

*  Who  they  think  hath  the  majority  ?'  Which 
bang  deduned)  they  acquiesce.  But  since  Mr. 
Ilethel  came  in,  tblere  have  been  very  hot  dis- 

I  in  the  world  ;  but  before  bis  time  there 
attempts  made  to  keep  sheriffs  off,  but 
'  before  to  get  sheriffs  on.  And  after  the  eleo 
tioD  is  declared  bek>w,  immediately  they  go  to 
vy  lord-mayor,  and  report  it  to  him :  And  then 
comes  down  the  mayor  and  aldermen  to  the 
bostngs,  and  the  Recorder  says,  *  We  are  in- 

*  fbimed,  that  such  and  sucn  persons  have 
*becn  pnt   in    nominatioo,  and  the  election 

*  passed  upon  such  and  such.'  And  then  the 
wfd-aiayor  commands  the  assembly  to  be  dis- 
solved. 

Mr.  WeiU.  When  a  common  hall  is  first  met 
together,  are  not  the  lord-mayor  and  aldermen 
{vnorally  present? 

Com.  Cryer.  At  the  first  meeting. 

Serf*  Jeff  When  they  are  set,  give  an  ac- 
count what  proclamation  is  there  mode. 

Att.  Gen.  How  lonc^  have  you  known  it? 

Com.  Cryer.  I  have  been  in  this  place  almost 
17  years ;  I  always  come  willi  my  lord 
mayor  ;  I  do  make  proclamation  by  order  of 
my  lord  mavor,  dictated  by  the  town-clerk  ; 
sad  1  take  the  words  from  the  town-clerk ; 
Hid  his  words  I  say  ;  '  You  good  men  of  the 
*■  livery,  summoned  to  appear  here  this  day,  for 
'  the  oonfirmatioii  of  such  a  one  chosen  by  my 

*  lord  mayer,  and  another  fit  and  able  person, 
*to  be  neriffs  of  the  city  of  London,  and 

*  eoonty  of  31iddlesex  for  the  year  ensuing, 
*4rwr  near,  and  give  your  attendance.'  I 
Btrer  aiyooroed  tw  court  in  my  life,  but  by 
9rkr  from  my  lord  mayor ;  nor  never  dissolved 
^  court,  but  bj  order  from  my  lord  mayor. 


when  Mr..  Bethd  was  chosen  there  was  somtf 
difference,  I  did  read  the  names  that  time,  and 
never  but  that  one  time,     t  always  take  the 
words  from  the  common  serjeant;    I  never 
put  any  vote,  but  what  I  have  from  the  com^ 
mon  seijeaot. 
Att.  Gen.  Do  the  sheriffs  put  any  rote  P 
Co9n,  Cryer.  Never,  Sir. 
X.  C.  /.  I  do  not  understand  him  ;  I  thinli 
he  ^d  mean,  when  Bethel  was  chosen,  he  put 
the  question  by  somebody  else. 

Serj.  Jeff,  No,  no,  he  took  the  paper  in  his 
hand.  Before  he  used  to  take  dictates  froni 
the  common  sericant ;  but  there  was  a  confu- 
sion when  Bethel  was  chosen,  ai.d  then  he  ttRik 
the  paper  from  the  common  segeant  and 
read  it. 

Com,  Cryer.  He  gave  the  paper  into  mj 
hand. 

Com.  Serf.  My  lord,  they  made  such  anoisq, 
that  he  could  not  hear  me. 

Mr.  Williams.  Mr.  Wells,  how  long  have- 
you  been  common  cryer  ? 

Com.  Cryer.  About  seventeen  years. 
Mr.  Williams.  In  all  that  time  did  you  ever 
hear  the  lord  mayor  adjourn  the  court  to  a  cer- 
tain day  ?—Com.  Cryer.  Yes. 
Mr.  Williams.  To  a  certain  day  ? 
Com.  Cryer.  My  lord  mayor  adjo'umed  this] 
common  hall  to  a  certain  day. 

Mr.  Willianis. '  I  ask  you  upon  your  oath- 
again,  Did  you  ever  know  the  lord  mayor  ad- 
journ a  common  hall  to  a  day  certain  ? 

Serj.  Jeffl  Do  you  remember  that  of  sir 
Robert  Clayton's  ? 

L.  C.  J.  If  so  be  they  be  adjourned,  to  meet 
upon  a  new  summons,  if  there  be  occasion,  na 
question  but  he  may  to  a  certain  day. 

Mr.  Williams.  Now  we  are  upon  matter  o£ 
fact. 

Sir  JFV.  Winn.  Did  you  ever  knotv  my 
lord  mayor  adjourn  tliem  before  the  election 
of  sherifis  was  over  ?  Here  is  my  question,  ob- 
serve it.  When  after  once  my  lord  mayor  ig 
gone  out  of  the  hall,  when  tlie  election  b^ns, 
did  you  ever  know  my  lord  come  and  disturb 
the  election,  or  adjourn,  it  before  it  was  done  ? 

Com.  Cryer.  I  never  knew  any  thing  of  ft 
before  now. 


^47]    STATRl!taAlJi,$SiinAUi.uBlLl6^$^fiMofT  ^um 


Ah.  Gen,  Mr.  Welks  do  you  vemeiDber 
4hat  instance  in  sir  Robert  Cbyton's  time  ? 

Com.  Cryer.  No,  Sir. 

Att,  Geiu   Have  not  yon  known  my  lord 
mayor  dissolve  the  court  before  the  business 
luitn  been  done ;   take  up  his   sword  and  be 
gone? 
'    Com,  Ctyer,  When  be  hath  a  niind  to  ad- 

£arn  the  court,  and  declare  it^  I  adjourn  it  by 
s  order. 

Att,  Gen,  Bat  hare  you  not  known  him 
takeifp  hi&  sword,  and  be  gone  before  the 
electiop  is  oyer  ? 

Com,  Cryer.  ^^  Robert  Clayton  did  do  that 
before  the  business  was  done, 

Mr.  Thompson,  Mr.  Wells,  do  not  yon  remem- 
her,  m  sir  Samuel  Starling's  case,  that  he  did  ad- 
journ tlie  hall  P 

Com.  Cryer,  He  dissolved  the  hall. 

Mr.  Thompson,  Very  well. 

Serj.  Jeff,  He  did  dissolve  the  hall,  and  so 
hath  eiery  lord  mayor  since.  My  lord,  if 
your  lordship  please,  I  perceive  this  gentleman 
makes  a  question.  Whether  ever  there  was  an 
ac)joumment  of  a  common  hall  before  such  a 
time  as  the  election  of  sheriffs  was  over.^  I 
will  give  you  an  answer  to  that  question, 
and  a  very  iair  one,  and  a  plain  one ;  I  say, 
till  the  time  of  Bethel,  in  sir  Robert  Clayton's 
inavoralty,  there  was  never  such  a  thing  as  a 
poll  for  sherifis. 

£.  C.  J.  Silence,  that  we  may  hear. 

Mr.  Williams.  My  lord,  we  only  ask  a  ques- 
tion, we  ask  a  question  and  take  our  answer. 

Serj.  Jeff.  Will  you  give  us  leave  to  go  on, 
Sir? 

Att,  Gen,  Sir  William  Hooker^  Pray  how 
k>ng  is  it  since  you  were  sheriff  of  London  ? 

w  W,  Hooker.  About  16  or  17  jrears  ago. 

Att,  Gen. '  You  have  been  sheriff  ana  lord 
mayor  of  London:  I  would  only  know, 
Whether  you  looked  upon  it  as  your  right  when 
you  were  sheriff  ? 

Sir  W,  Hooker,  No,  nor  ever  durst  presume  to 
think  it:  In  those  days  it  was  not  thought 
upon. 

Att.  Gen.  When  vou  were  lord  mavor,  did 
you  order  summons  mr  common -halls  r 

Sir  W.  Hooker,  Always. 

Ait,  Gen.  Did  you  ever  use  to  consult  with 
your  sheriffs  when  to  call  a  common  haU  ? 

Sir  IK  Hooker.  Never;  and  I  think  no 
«uch  thing  was  ever,  heard  of  under  the  sun, 
till  of  late. 

Mr.  Thompson.  Sir  W.  Hooker,  did  "you  ever 
^journ  the  court  before  the  business  was  done  t 

Stir  W.  Hooker.  I  never  saw  any  such  oc- 
C^on ;  rebellion  w^s  not  ripe  tlien. 

Att.  Gen.  Sir  William,  pray  thus;  Have 
you  ever  in  a  common  council,  or  common 
pall,  known  my  lord  mayor  rise  before  the  bu- 
siness was  done,  and  take  his  sword. 

Sir  W.  H.  I  confess  I  mjust  own  it,  that 
when  things  grew  to  a  great  height,  I  was 
forced  once  in  this  place  to  cause  the  sword  to 
he  taken  up  and  go  out,  and  the  court  was  dis- 
•olved^  and  durst  not  go  on  afierl  was  gone. 


Serj.  Jts^^rttt.  Now^my  lord,  if  year  loid- 
ship  please,  I  desire  to  call  theswora-beaMr* 

Mr.  WiUiam.  Sir  W.  Hooker,  jf  I  may, 
without  offence,  ask  you,  how  old  are  yoaF 

Sir  W.  H.  Seventy  years  of  age.  Sir. 

Mr.  Williams,  You  say  yoa  never  knew  r^ 
bellioi^  ripe  ? 

Sir  W,  H,  Good  sir,  I  peioeiveyoa  are  very 
apt  to  mistake  ;  I  lived  ia  1041  and  1643. 

Att,  Gen.  Sir  William,  caa  yoa 
the  meeting  in  1648  ? 

Sir  W.  H.  Ay,  very  welL 

Att,  Gen,  Then  tliey  asurped  the  vary  tn 
power,  and  an  act  of  parliament  to  oonnrm  ia. 

Seij.  J^eriss,  My  laid,  I  derira  Mr.  Sirard- 
bearer  may  be  sworn. 

Sir  Fr.  Winn,  Pray,  Sir,  ia  all  the  time  that 
you  have  been  acquainted  with  tiw^  coafeoma  of 
London,  did  Tou  ever  know  when  there  was 
an  election  for  sherifis,  that  the  knd  mayar 
did  interpose  or  meiMte  till  the  dectiaift  waa 
over? 

Sir  W,  H,  Sir,,  of  late  years  I  have  not  a»« 
peered,  because  of  an  innrmity,  I  canaat  be 
long  in  London  :  but  in  all  that  ^me  1  used  to 
appear,  I  never  did  observe  any  sach  thiar* 

Sir  Fr,  Winn,  That  the  mayor  ever  meddled  ? 

Sir  W.  H  Nay,  Sir,  that  the  sheriflb  ever 
meddled.  When  1  was  sheriff  of  LondoD,  I 
durst  not  presumeto  meddle,  but  left  the  wM^ 
to  my  lord  mayor. 

Sir  Fr.  Winn.  Did  you  ever  know,  wl 
the  election  of  sheriffs  was  ia  a  oommon  I 
that  the  lord  mayor  offered  to  diatorb  them. 
the  election  was  over  ? 

Sir  W.  H.  Truly  1  do  not  remember  ai^ 
such  thioff .  Sir  Fr..  Wianington,  1  would  sive 
you  a  full  answer;  I  do  tdl  yon,  as  it  haHa 
been  declared,  ray  lord  mayor  and  aMcrmso 
come  into  the  cotvt,  and  a  report  is  made  ; 
when  this  is  done,  they  leave  the  managameot 
of  the  affatrto  others  ;  we  come  and  sit  dowu 
tiH  it  is  done. 

Sir  Fr,  Winn,  To  whom  do  yoa  leave  the 
concernment  ? 

SvcW.H.  to  the  offioers  that  it  bdaaga  to. 

Sir  Fr,  Winn,  Who  are  those  oflkers  f 

Sir  W,  H.  I  naver  heard  it  disputed  till  joit 
now. 

Mr.  Jones,  Sir  W.  Hooker,  you  have  been 
an  ancient  citizen:  Do  you  remember,  thaa 
ever  the  sheriflii  presumed  to  hold  this  court  ? 

Sir  W.  H,  No,  never  in  my  life.— »You  may 
confound  any  man  at  this  rate. 

Mr.  WUliamt,  Pray,  Sir,  in  yoar  tiflM  was 
there  a  poll  for  sherin  inXondon  ? 

Sir  W.  H,  Truly  not  as  I  remember. 

Mr.  Williams,  Do  yoa  remember  any  poB 
in  your  time?  If  you  don't  "remember  a  pofl, 
you  can't  remember  who  took  it. 

Sol.  Gen,  Pray,  sir  W.  Hooker,  do  yoaa^ar 
retnember  the  sherifis  appointed  the  comaMm. 
sk;jeant  to  take  the  poll  ? 
-  Sir  IF.  H.  Never  m  my  Ufe. 

Serj.  Jeff  cries.  Mr.  Sword-bearer,  I  won't  aak 
you  how  old  you  are  :  I  deshre  to  know  how 
Jong  you  have  been  an  officer  in  this  city. 


1491        SfFATE  1WALS»  $i  Ch  AftUS  n.  l668«<Hiiiil  #f Wt ,  /<»r  a  Jtlol. '       [t  50 


Anxn^fteorcr.  llirM  umAiweat?  yean. 

So}.  Je^  I  deginto  kuovr  in  aU  yoar  time 
ip)m»  ordoed  common  halls?  Who  gare  di« 
netai  fiir  the  nunmoaioff  oommon  hatla?  - 

Swar^bemrer,  My loramayor always. 

Serj.  J^.  Did  my  lord  mayor  use  to  tend 
be  tfave  slMri^  to  Imow  of  them  when  they 
woaM  be  pleased  to  hare  a  eommon-haU  ? 

Smord'b^g^tr.  I  never  knew  that  the  sheriffs 
fidiaterpQae  in  eallin|f  a  common  hall  in  my 

Serjw  Jeffi  Hb.  8word-be«cr,  at  sneh  time 
aathe  bosmesB  was  done,  when  the  common 
$tyer  had  daneelasva  for  dissolTing  the  common 
haUy  pray  wlio  used  to  ghre  these  directions  all 


Sword^btorer.  It  was  done  by  the  town  cleric, 

~  Bsy  lord  mayor's  officers. 
.  HkeQ^J^,   Did  ever  the  sherifib  continue 
the  biui  after  my  lord  mayor  had  adjonmed  it  ? 

Smard'bearer.  Truly  I  know  no  snch  tiiino^. 

Hir.  Tkompson*  Mr.  Sword*bearer,  I  would 
adEymoBeqaestion  :  If  in  case  the  common 
seneant,  or  the  common  ovyer,  or  any  other 
twipgns  do  pot  a  question  tliat  the  commims 
waold  not  have  put,  who  orders  tiiem  to  pat 
tlM  lig^  question  T 

StMrd-Mortr,  I  oan't  say  any  thing  to  that 

Ati.  Oen.  After  the  common  Serjeant  comes 
■paod  reports  idiat  is  done,  then  what  dodi 
my  hnd  majfor  do  ? 

Smord-beirer.  My  lord  mayor  and  the  al^- 
dorraeD  go  down  to  tiie  hustings,  and  it  is  de- 
ebred  by  the  recorder,  or  the  common  sar- 
jeaat,  by  the  order  of  my  lord  mayor. — I  think 
my  Isnl  mayor  went  once  down  to  give  them 
some  aatiafectioli  upon  a  dispute^ 

SarFnu  Wtmu-  Mr.  Man,  during  the  elec- 
lisB  did  yoa  ever  hear  them  adjourned  before  it 
vaaorer? 

Smord'bearer.  No,  Sir;  nor  never  heard  any 
•eeaaion  lor  it 

Mr.  Willwmi.  The  oommon  Serjeant  affirms 
himself  to  beasenrantto  the  .commons,  and 
■ot  to  the  lord  mayor  and  aldennen ;  have  you 
kunm  «  common  sojeant  say,  he  was  a  ser- 
vant to  the  commons,  and  not  to  the  lord 
iHEvor  and  aldermen  ? 

Sword-bearer,  I  never  was  in  a  common 
hdl  upon  any  such  dispute,  I  am  with  my  lord 
mayor. 

Seij.  Jf^.  Ihave  known  a  recorder  repre- 
hadediiy  avery  learned  lawyer,  for  saying, 
'  My  masters  the  aldermen.' 

im  Fra.  Wirm,  I  ask  you  who  hath  the  ma- 
nagement of  the  common  haU  in  the  absence 
ofthemayor« 

Swerd-learer,  I  am  always  there  waiting 
upon  my  lord  mayor. 

Sen.  Jeff.  My  lord,  if  your  lordship  please 
«€  win  rest  here  as  to.  point  of  ri^ht.  Now, 
my  lord,  in  the  next  place  we  will  come  to 
that  fdiich  is  a  more  immediate  question  before 
.yso,andwe  will  prove  the  manner  of  it,  and 
tbepevBona  thai  are  guilty ;  tor  that  is  the  next 
stn  wears  to go» — Mr.  Bancroi^. 

Hr.  WiUi€m9.  My  lord,  tbey  hare  said  ia 


tibe  information,  *That  the  sheriffs  are  duly 
dected,  for  oneyear  next  following,  from  the 
eve  of  St  Micluid  ;  now  prove  your  electaoa 
to  be  for  that  yearyou  have  laid  in  your  infor- 
mation. 

Mr.  Thompson,  My  lonl^  they  have  cer- 
tainly in  fact  mistaken,  their  infomiation.  My 
lord,  they  do  declare  that  the  oommon  hall  was 
held,  according  to  custom,  far  the  election  of 
sheriflb,  to  hold  that  office  from  the  eve  of  St. 
Michael,  for  the  year  next  ensuing ;  Now,  my 
lord,  that  is  not  so  in  fact,  nor  never  was,  ibr 
the  election  is  for  a  year  to  commence  on 
Michaelmas  day.  They  take  on  the  eve  the 
office  upon  them,  bat  they  do  absolutely  exer- 
cisethe  offioefor  a  year  from  that  time  troa 
the  eve.  Now  my  lord,  we  say,  that  day  is  ex- 
cluded, we  are  sure  it  is  a  common  case^  it  ia 
known  very  well ;  as  in  a  lease,  the  Habendum 
from  any  date^  the  day  of  the  date  is  no  part 
of  that  lease,  it  is  exclusive  and  no  part  of  tha 
term,  and  therefore,  my  lord,  if  they  do  not 

Erove  it  as  they  have  laid  it,  we  hope  they  will 
a  nonsuited. 

Sol,  Oen.  That  is  another  piece  of  lasr. 

Mr.  Hoii.  The  eve  of  Michaehnas  day, 
we  make  this  objection,  and  put  you  to  prove  it. 

Seij.  Jeff.  Give  us  leave  to  so  on';  Gentle- 
men, let  us  prove  what  we  think  fit ;  and  if  w» 
have  not  made  it  out,  then  make  your  excep* 
tions. 

Mr.  6olt,  Mr.  Seijeant,  I  think  it  is  propor 
to  put  it  now,  ftr  if  there  be  no  such  electiga, 
there  can  be  no  snch  riot ;  for  they  have  mad» 
it  a  riotin  a  special  manner. 

Serj.  Jef,  Mr.  Holt,  under  your  fimmr,  it 
is  not  a  time  now. 

Att.  Gen.  This  is  the  oddest  way ;  thes# 
gentlemen  take  upon  them  so:  I  will  not 
prove  it ;  and  pray  be  quiet  till  I  come  to  ipy 
time. 

Sir  F^a,  Winn,  Pray,  Mr.  Attorney,  if  wa 
have  an  objection  to  make,  if  the  court  pleases 
we  may  be  heard. 

Serj.  Jeff.  Certaiuly  it  was  never  known^ 
that  when  Mr.  Attorney  exhibited  an  is?fbrma- 
tion,  to  tell  us  how  to  prove  it.  Surely,  gen- 
tlemen, yon  will  give  us  leave  to  go  on  witlh 
our  proo^  won't  ye  ? 

Mr.  Mollotf,  Mr.  Bancroft,  How  long  hara 
you  been  a  servant  of  the  city  f  by  whoae  or* 
der  was  the  hall  summoned? 

Mr.  Bancroft.  By  my  lord  mayor's. 

Mr. .  Who  hath'dissolved  them  f 

Bancroft.  My  lord  mayor, 

Mr. .    IJid  yon  ever  know  &e  sheriA 

give  any  order  for  the  dissolving  of  it  ? 

Bancr^.  No. 

Mr.  Thompfon,  Did  you  ever  know  it  dis^ 
solved  before  the  business  was  done  for  whicli. 
they  v^ere  called  ?  Did  my  lord  mayor  in  your 
time  cjther  dissolve  them,  or  send  them  going, 
till  the  election  was  over. 

Bancroft,  I  can  say  nothing  to  that 

Att.  Gen,  Mr.  Bancroft,  I  wouW  ask  yoa 
thtt,  Sir;  did  the  sheriffii  ever  cohtinue  iSbm 
hall  after  my  lord  mayor  had  dissolved  it  ? 


251]    STATE  TRIALS^  35  ChauuIL  iGB^^TrMcfVumUuPlllcMgimi     [t5f 


jBmrro^.  No,  I  herer  knew  that  in  my  life. 

Sir  Fra.  Winn,  Mr.  Bancroft,  I  would  ask 
you  a  question ;  I  don't  ask  vou  who  calls 
them,  or  bids  them  go  home  ;  uuring  the  time 
of  the  dectioo  did  my  lord  mayor  evei'  meddle  ? 

Bancroft.  My  lord  mayor  withdraws. 

Sir  Fro,  Winn,  Who  are  those  among  the 
commons,  that  manage  the  business  when  my 
lord  ma3ror  withdraws  ? 

Bancr^.  The  sheriffs,  and  the  common 
Serjeant,  and  the  common  cryer. 
•  Sir  Fr<z.  Winn,  Who  manages  the  election? 
who  declares  the  election  ?  wno  declares  who 
is  chosen  ? 

Bancr^,  When  the  election  is  made  below, 
tlien  the  sheriffs  come  up,  and  the  common 
Serjeant,  and  the  common  cryer  along  with 
them,  and  acquaint  my  lord  mayor,  and  ne  ^ocs 
down,  and  there  doth  con6rm  the  election; 
and  withal,  when  the  work  is  dpne  he  dtssolFes 
the  court. 

Mr.  Williamt.  Did  you  ever  know  a  poD  lor 
sherilis  P 

Mr.  ^Dumpson,  Do  you  take  the  common 
Serjeant  to  to  an  officer  of  the  commons  of 
London,  or  an  officer  of  my  lord  mayor's  ? 

Bancrcft,  I  cannot  be  certain  wliat  he  is. 

Mr.  TAontpson.  If  in  caseithe  common  ser- 
geant differ  from  them  in  declaring  the  poll,  it 
IS  not  usual  for  the  common  haD  to  order  him 
to  put  it  up  again  ? 

Seij.  Jeff.  Who  does  make  a  judgment  of 
the  election,  the  common  seijeant,  or  the  she- 
riffs ?^Bancraft.    The  sheriffs. 

Serj.  Jeff.  Does  not  the  common  sei^jeant 
make  observation  as  well  as  the  sherifls  ? 

Bancroft.  The  sheriffs  give  their  opinions 
in  it. 

Seij.  Jeff,  Now,  my  lord,  if  your  lordship 
please,  ff  they  had  done,  we  would  desire  to  go 
on  to  our  fact ;  Ibr  otherwise,  for  ought  I  per- 
ceive, we  shall  be  in  here  till  this  time  to-mor- 
row, and  they  say,  we  must  not  adjourn  till  the 
<*ause  is  over.  Mr.  Common  Cryer ;  hark 
you,  Mr.  Common  Cryer,  were  you  present  at 
Midsunggooer  day  when  this  business  happened? 
Give  my  lord  and  the  jury  an  account  of  the 
carriage  then. 

Cam.  Cryer.  I  was  there  at  the  beginm'ng  of 
the  (Section  \  I  did  make  proclamation,  and  af- 
terwards there  was  a  poll  demanded,  and  the 
I)o]l  was  bq^un,  and  I  went  home  with  my 
ord  mayor ;  afterwards  my  lord  mavor  came 
back  again,  and  there  was  a  nubbub ;  nut  about 
^^e  or'  six  a  dock,  my  lord  qiayor  came  down 
upon  the  hustings,  and  I  adjourned  the  court 
till  another  day  ;  I  did  adjourn  it  by  his  order, 
according  as  I  used  to  do,  and  then  I  went 
away  wSi  my  lord  mayor. 

Att.  Gen.  But  what  usage  had  you  in 
going  out? 

CSn.  Cryer.  I  went  before  my  lord  mayor,  I 
was  not  with  him. 

Mr.  WHliatttt.  Where  was  the  adjournment  ? 

Com.  Cryer.    Upon  the  busting. 

tfr.  Williams,  Were  tlie  sheriffs  polling  the 
people  then? 


Com.  Cryer.  I  don't  know  that,  Sir. 

Mr.  Williams.  Were  the  shenffi  near  the 
hustings  ? 

Com.  Cryer.  I  don't  know,  I  saw  them  not. 

Sir  Fra.  Winn.  Upon  the  election  of  ^em, 
when  my  lord  mayor  came  to  aiQouni  the 
court,  were  the  sheriffs  acquainted  with  it  t 
Where  were  the  sheriffs? 

Com.  Cryer.    My  lord  mayor  sent  to  them. 

Serj.  Jeff,  Mr.  Weston,  Phty  will  you  tdl 
my  lord  and  the  jury  what  directions  you  had 
from  my  lord  mayor,  and  how  he.  was  used 
when  he  came  out  of  the  hall  ? 

Mr.  WcBton.  My  knrd  mayor  sent  me,  my 
lord,  to  the  sheriffi  under  the  Lombard-Hona^ 
twice  to  come  up  to  the  council  chamber,  and 
they  told  me :  One  told  me  he  was  upon  the 
king's  business,  and  the  other  said  he  conJd  no4 
come ;  and  abont  half  an  hour  after,  my  lord, 
sheriff  Pilkington  came  up  to  my  lord  mayor 
into  tlie  council-chamber,  and  then  imme- 
diately came  down  to  the  court  of  hustings, 
and  Mr.  Common  Cryer,  by  my  lord  mayor'* 
order,  did  adjourn  the  court  from  Saturday  tiU 
Tuesday  following ;  and  as  we  were  comiaflp 
out  of  the  hall,  when  Mr.  Common  Cryer  bad 
adjourned  the  court,  and  said,  God  save  the 
Kuig,  a  great  part  of  the  hall  hissed ;  and,  but 
that  there  were  so  many  honest  gentlemeii 
about  my  lord,  I  was  afraid  my  lord  would 
have  come  to  some  mischief ;  but  coming  to  so 
into  the  Porch-yard,  I  saw  his  hat  off,  ana  1 
went  to  catoh  iTis  hat,  and  caught  one  of  his 
officers  by  the  head,  that  was  knocked  down  or 
fell  down,  that  held  up  his  train.  My  lord,  the 
sword  was  at  that  distance,  farther  than  it  is 
between  your  honour  and  where  I  stand,  and. 
crowded  far  away;  and  when  my  lord  came 
out  into  the  yard,  Gentlemen,  says  he,  I  desire 
you  would  go  home  to  your  lodgings,  and  com*  • 
manded  them  in  the  King's  name  to  depart: 
And,  says  he  to  me.  Pray  go  you  back,  and  let 
the  sherifis  know,  and  tell  them  I  have  ad^ 
joumed  the  court  till  Tuesday.  Upon  mw 
lord's  command,  I  went  back  to  let  the  sherim 
know,  that  my  lord  had  adjourned  the  court 
till  Tuesday. 

Serj.  Jeff.   Both  of  them,  both  Shute  and 
Pilkington? 
.    Weston*  No,  Shute ;  the  other  was  by. 

Serj.  Jeff.  It  was  in  his  hearing,  was  H  not  ? 

Weston.  It  was  in  his  hearing. 

^et^.Jeff.  Did  you  see  my  loM  mayor  down 
and  his  hat  off? 

Weston,  I  saw  his  hat  off,  sir  George,  but  I 
cannot  tell  how  it  came  off. 

Mr.  Williams.  You  say,  you  saw  my  lord's 
hat  off;  can  you  tell  whether  my  lord  was 
so  courteous  to  take  his  hat  off  or  no? 

Weston.    I  dare  sav,  my  lord  did  not. 

Mr.  Williams.  Did  he,  or  no  ?  I.  ask  yen 
upon  your  oath  ? 

Weston.  •  I  can't  tell  that.  Sir. 

X.  C.  J.  I  can't  think  that  those  gendemen 
were  so  extraordinary  civil  to  my  lord  mayor, 
that  when  the  common  cryer  made  prodama*- 
tion  God  save  the  King,  that  there  alioukl  ^ 


liiBiHg ;  tbose  thai  hiss'd  were  not  extnuirdi- 
MTj  cbil  to  my  lord  mayor,  aod  1  believe  you 
doo't  think  so  neither. 

Hr.  WUiiams,  I  ask  yon  a  question.  My 
kni  mayor's  hat  was  off--^ 

L.  C  /.  Ay,  and  it  most  be  sappose^  it  was 
Id  co«pliiBent_thQse  fine  men  tnat  hissM  at 
God  sare  the 


Seij.  Jef,  My  lord,  if  yoar  lordship  pleases, 
I  wooM  denre  to  know  what  acconnt  any  of 


t53]        STATE  TRIALS,  35  Charlbs  1L  1683 — §nd  others,  for  a  Rioi.        [254 

werQ  so  fond  of  this  man,  as  that  they  Rscued 
him  from  him ;  and  to  Ikx  it  upon  them,  we 
will  prove  they  were  every  one  of  them  con- 
oemed  in  the  riot.  Mr.  Graddock,  What  ac* 
comit  can  you  give  of  this  matter  ? 

Mr.  Craddock,  I  was  standing  at  the  place 
where  they  polled,  aod  my  lord-mayor  was 
coming  towanis  it  to  protest  againsttheir  man- 
ner of  proceeding ;  and  sheriff  B^el  came 
to  me  and  said,  *•  Resist  him'  (I  think)  « be 
'  hath  nothing:  to  do  here.' 

SeYJ.Jeff.  That  was  Bethel,  SHingsby  Bethel  f 

Craddock.  It  was  either  oppose,  or  leai^ 
him. 

1^.  Gen.  He  says  he  thinks  he  said,  resist 
him ;  but  he  is  snre  it  was  either  oppose,  or  re- 
sist him. 

Serj.  Jeff,  Did  you  see  Mr.  Jenks  there? 

Craddock,  I  can't  say  I  did :  I  saw  Mr. 
Jenks  just  as  my  lord-mayor  came  down,  not 
after. 

Seij.  Jeff.  Did  you  see  Mr.  John  Deagle 
there  ? — Craddock.  1  did  not  see  Mr.  Deagle. 

Att.  Gen,  How  did  they  use  my  lord-mayor  P 

Craddock.  I  was  not  very  near  my  lord ; 
my  lord,  I  stood  at  the  pUce  where  the  poll 
was  taking. 

Mr.  Tfumqtfon.  Mr.  Craddock,  we  desire  to 
ask  you  this  question,  that  you  speak  particu- 
larly to  Mr.  Bahel ;  was  it  before  my  loid- 
mayor  had  adjourned  the  poll,  or  after  ? 

Craddock.  It  was  just  as  my  lord-mayor 
cam^  to  protest  against  the  manner  <^  polling. 

Mr.  Thompton.  Was  the  poll  adjourned  be- 
fore or  Bfierf'—Craddock.  It  was  after. 

Mr.  WUliatnt.  Mr.  Bethel,  you  say  he  said, 
oppose,  or  resi^;  didhe  say  it  was  before  the 
poU  was  adioumed  ? 

Craddock.  Yes,  Sir,  it  was  before. 

Mr.  Williams.  Can  you  say  what  the  words 
were? 

Craddock.    It  was  either  oppose  or  resist,  ^ 
he  bath  no  authority  here. 

Serj.  Jeff.  Which  is  George  Reeves?  Mr. 
Reeves,  Pray  will  you  tell  us  what  you  did 
observe  done  at  this  time  by  Mr.  Pilkington^ 
or  Mr.  Shute,  or  any  person  else  ? 

Mr.  Reeves.  I  came  about  4  or  5  o'clock  to 
the  polling-ptece  where  the  coaches  use  to 
stand,  and  1  saw  the  sword  up ;  I  suppose  my 
kird-mayor  was  there,  and  came  to  stop  their 
proceedmgs  in  polling;  wid"  there  was  a  great 
contest  among  them;  some  saying.  He  had 
nothing  to  do  there:  He  hath  no  more  to  do 
than  1,  says  one;  another  cried.  Stop  the 
sword,  stop  the  sword ;  and  I  jaid  hold  or  him, 
and  got  him  a  little  way,  and  made  account  to 
have  carried  him  to  the  sheriffs,  and  the  lord-. 
mayor,  but  somebody  got  him  away. 

wetj.Jeff.  What  did  you  observe  Shute  and 
Pilkington  do  ? 

Reeves.  They  encouraged  the  people  to  poll. 

Mr.  Jones.  Aftier  my  lord- mayor  was  gone  ? 

Reeves.  Yes. 

Mr.  Jones.  Pray  you.  Sir,  did  you  observe 
either  MrJ  Shute  or  Mr.  Pilkington  encourage 
t^e  people  to  hollow,  or  shout,  or  tiioae  things  f  ^ 


can  giye  of  die  opinion  they  had  ot  the 
king,  to  be  sure  they  had  a  great  opinion  of  his 
eseatative:  But  my  lord-mayor,  I  ind, 
ao  extraordinary  dvd,  that  to  this  rabble  he 
rt  not'  only  pnll  off  his  hat, hut  fling  his  hat 
IstfaegTOimd  to  them. 

Hr.Thompson.  I  ask  yoo  whether  you  know 
lh«t  any  of  toe  defendants  in  t^is  intbrmation 
did  throw  nay  lord-mayor's  hat  off,  or  no  ? 

Wegton.  ican't say  that. 

Serj.  J^F-}^  is  not  a  farthing  matter. 

Sir  Fr.Winn.  Here  is  a  mighty  riot  upon 
diehat. 

Weston.  Now  I  desired  them  to  keep  back; 
my  Imnd  mayor's  friends  did  press  back  as 
jBttch  aa  they  conld,  to  preserve  my  lord- 
mayor;  they  pressed  more  forward,  as  the 
eter  kefH  back,  and  I  desired  them  to  forbear, 
nay,  commanded  them  in  the  king's  name,  and 
mposk  their  peril,  and  took  my  cane  to  strike  at 
ffliiM*  of  them. 

Mr.  WUiiamsi    Did  you? 

Sea^Jeff.  He  served  them  well  enough. 

L.  0.  X  He  did  so.  •  Do  you  think  a  roa- 
gistrale  ia  to  be  crowded  and  pressed  upon  ? 

WeMiom.  I  struck  at  them,  and  said,  gentle- 
men,  keep  back,  and  intreated  them  and  com- 
manded tnero,  and  all  would  not  do. 

Sen.  Je^  I  would  only  say  this,  Mr.  Com- 
mon Serjeant ;  What  did  you  hear  when  pro- 
damatioo  was  made  to  depart  ? 

Com.  Serj.  My  lord,  I  was  not  in  the  hall 
when  proclamation  was  made;  but  I  heard 
them  cry  out,  *  No  God  bless  the  king;'  and  I 
hevd  them  cry  out,  *  Down  with  the  sword ; 
^  No  lord- mayor,  no  king.' 

Mr.  Williams.  Can  you  name  any  person 
dial  said  this? 

Com.  Serj.  My  lord,  I  laid  hold  on  one  man 
diat  cried,  < No ^Giod  save  the  king;  No  lord- 
mayor,'  aod  the  rabble  got  him  mm  me,  one 
tool  I  beard  say  so. 

Mr.  WiUiams,  Mr.  Conunon  Serjeant,  you 
say  you  beard  this;  can  yon  name  any  per- 


Com.  Serj.  1  tell .  you  1  caught  hold  of  him, 
aod  the  rabble  got  him  from  me. 

Mr.  Williams,  Can  you  name  any  one? 

Com.  Sen.  lieUyon  I  cannot. 

8ar|.  Jejf.  My  lord  I  hope  that  vrill  not  much 
prevail  in  this  place ;  but  I  hope  it  doth  justify 
my  lord-mayor  for  endeavouring  to  disperse 
the  rdible  that  came  together  to  that  height 
when  the  king  was  prayed  for,  to  cry.  out,  *  No 
'IsB^,  No  Iwrd-mayor.'  And  we  don't  give 
dm  m  evidence  agiunst  any  one  person,  for  it 
Wdoqein  «  tamultaoai loaimer ;  but  tb«y 


tSS}    STATE  TRIALS,  »5  Chablis  IL  iSHS.'^THal  of  Thomui  PUkmgtan     [25V 


Remei,  No,  Sir. 

X.  C.  J.    Hinrk  you,  friend  Keeves,  bark 

goa,  How  do  you  know  that  PSlkitgton  or 
bote  were  poUingf  ?  Are  you  sure  tbey  were 
polling  alter  my  lord  was  gone  ? 

Keetef.  Tbey  were  at  the  poUinff-pkoes, 
«nd  th^  did  not  go  away  a  great  wnile  after 
tbat. 

L»  C.J.  From  the  people  tbat  were  about 
tbem?— Jte^ff.  No. 

Sir  Fra,  Winn.  We  agree  it;  in  fact  it 
was  80. 

Ait,  Oen,  Richard  Fletcher,  pray  will  ton 
giye  the  court  an  account  of  what  they  dicfp 

8erj.  Jeff.  John  HUI,  what  did  you  obser?e 
there? 

Mr.  Hill.  About  five  o^clock  my  lord  mayor 
came  to  the  hall ;  there  was  withbim  then  sir 
James  Edwards,  and  sir  William  Pritchard, 
now  lord  mayor,  to  the  best  of  my  memoiT» 
and  be  told  them  he  disliked  tneir  poU- 
ing  anymore;  and  there  came  a  tall  black 
man  i  says  be,  Mr.  Sheriff,  go  on,  it  is  your 
business,  we  will  stand  by  you :  about  a  quarter 
cf  an  hour  after  my  lord  came  out  of  the  hall 
to  the  great  crowd,  some  of  the  people  hissing, 
and  some  making  a  noise;  and  one  came  to 
the  sberifls,  and,  says  be,  gentlemen,  Why  du 
not  yon  make  proclamation  with  O  yes  f  And 
thMr  continued  there  till  towardi  eight  o'clock. 

oeij.  Jeff  Did  you  hear  no  officer  adjourn 
the  JDourt  ? 

HUI,  My  lord  mayor  went  home,  I  saw  him 
within  doors,  and  I  came  back  again. 

Att.  Gen.  Was  tho'c  no  prodamation  made 
afterwards? 

Hill.  By  some  of  the  officers,  but  I  did  not 
take  particular  notice. 

Att  Gen.  Who  did  yon  see  here  after  you 
went  home  with  my  lord  mayor,  and  came 
back  again? 

Hill.  I  saw  here  Mr.  Robert  Key  for  one ; 
and  1  saw  Mr.  Goodenough  come  m  between 
eight  and  nine  here  in  the  hall ;  and  my  lord 
Grey  came  in^  and  several  other  gentlemen. 

£.  C.  J.  What  did  tiliey  do  when  they 
came  ? 

Scij.  Jegf.  Hark  you,  Hill :  was  my  lord 
Grey  an^  Mr.  Goodenough,  and  Mr.  Key, 
were  tbey  among  the  peopfe  ? 

Hill,  Afto  the  sherifls  came  up,  they  went 
into  the  Orphan's  court ;  Mr.  Goodenougti  came 
in  and  out ;  and  my  lord  Grey  went  in  to  them. 

fki^.Jeff  Did  tbey  appear  among  Ibe  people 
tap  and  down  in  the  hall  ? 

Hill.  They  went  through  the  batt  to  and  fro. 

Sir  Fra.  TVinn.  What  was  the  Christian 
aame  of  tbat  Goodenough  ? 

Hill.  1  knmv  hira  ;  be  tbat  was  under- 
aberiffiast  year:  I  know  him  well  enough, 
and  he  knows  me ;  yes,  that  is  Mr.  Good- 
enough  P 

Lc^  Grey.  I  desire  to  ask  this  witness  a 
question,  my  lord. 

In  C.  J.  Let  your  counsel  ask,  my  lord. 

Seij.  Jeff.  I  desire  to  know  another  ^eatioD, 
Did  you  loa  Mr.  Coraish  ? 


Hill.  I  saw  Mr.  lilderman  Cmfniftb  walk  in 
the  hall ;  but  1  cant  tell  whether  be  went 
into  the  room  or  no.  Ailer  my  lord  was  gone, 
be  did  come  up  into  the  mayor's  eourt,  and 
t:ame  through  among  the  people. 

Mr.  ThM^eon.  Hill,  yon  speak  of  my  lord 
Grey ;  upon  your  oath  did  you  see  my  lord 
Grey  walk  to  and  fro  in  the  ball,  or  only  cane 
thorough  P 

Hill.  My  lord  Grey  came  in  at  that  gate, 
and  went  thorough  the  hall,  and  went  m  to 
thesherifis. 

Mr.  Williams.  I  would  ask  you  this  opon  youf 
oath.    Did  you  see  him  do  any  thin?  more  ? 

Hill.  No  ;  I  was  there  to  disoharge  my 
office. 

Lord  Grey.  My  lord,  1  own  my  bsmg  there ; 
but  only  desire  to  ask  a  question  that  will  cleaf 
this  matter. 

Mr.  Hill.  I  saw  my  lord  Grey  come  ap  to 
those  stain,  and  he  went  into  the  Orphan's 
court. 

Sen.  Jeff.  How  long  might  that  be  after 
the  pbll  P 

Hill.  Afler  the  sherifls  came  up,  I  belieye 
it  might  be  half  an  hour,  or  a  quaitar  of  all 
hour,  near  an  hour. 

Mr.  Williams.  Did  you  see  my  lord  Grey 
do  any  thing  more  than  walk  P 

Mr.  Hill»  I  saw  him  come  to  the  Orpben'l 
court,  and  they  would  not  open  the  door  at 
first ;  but  they  said  it  is  my  lord  Grey,  and 
then  they  let  him  ill. 

L.  C.  J.  Your  own  counsd  is  asking,  my 
lord ;  I  am  willing  you  sbouki  adc  a  questioB 
if  your  own  oounael  will  let  you.  GentlenMO, 
my  lord  wooM  ask  a  question  himself,  and  yon 
won't  let  him. 

Lord  Grey.  My  lord,  though  I  do  not  know 
this  gentleman  at  all,  yet  I  wul  yentnre  to  ask 
him  a  question.  Pray,  Sir,  did  you  see  Bie 
speak  to  any  one  man  P 

HilL  I  bare  answered  tbat  already ;  I 
say  not. 

Lord  Grey.  Were  the  books  brought  from 
the  polling  place  hj  the  sherifls  before  I  oamif, 
before  that  I  went  in  there  ?  My  lord,  I  was 
there,  and  shall  give  you  an  account  of  it. 

L.  C.  J.  It  had  been  better,  my  lord,  if  yon 
had  kept  away. 

Seij.  Jefi  Kletcber,  pray  will  yon  tell  my 
lord  and  the  jury,  what  yon  obsenred  that  day 
here,  after  my  ford  mayor  was  gone,  and  had 
a^joivned  the  court  ? 

Fletcher,  On  the  84th  of  June  I  was  here 
by  order  of  sheriff  Shnte,  after  my  lord  mayor 
had  adjourned  the  court,  and  it  waii  to  call  alt 
men  tbat  were  to  poll  to  come  forward,  for  the 
books  were  to  be  shut  up,  and'^  I  went  away 
immediately  ;  I  was  yefy  hot,  and  went  away 
to  the  Three-Tun  tarem. 

Serj.  Jeff.  Did  you  see  Mr.  Shnte  there  P 

Fletcher.  Mr.  PiUdngton  was  there,  Mr. 
Shute  too. 

Serj.  Jeff.  Can  you  name  any  body  else  P 

Fletcher.  No ;  I  can  name  nobody  else. 


was  almost 


tt7]       STATE  TRIALB,  SS  Chakubs  It.  'l6aa.— W  M&s;far  a  ttM.       [1258 

..Serj.  J^  Whodid you  aeetliere  P 
Major  Ae^.    Indded,  Sir»  I   wi 
down,  and  did  not  see  tbeir  laces* 

S^'j-  J<#  Mr.  Trice  Haromon,  I  would  only 
aak  you,  who  did  you  ^e,  who  did  you  obaene 
to  be  there  ? 

Mr.  Hammon.  About  nine  o'clock  at  nighti 
or  something  beibre,  I  stood  at  the  door  that 
leads  to  the  common  pleas*,  and  there  came 
in  aldennan  Cornish  and  Goodenou^b,  and  old 
Key,  an  old  white-haired  man  ;  and  by-and-by 
my  roaster  sheriff  Shute  came  out  and  told  me. 


fhtcker.  He  ordered  me  1o  makfc  i^roda- 
nlioii  for  all  nMn,  them  that  had  a  right  to 
poll,  to  come  and  poll,  for  the  books  were  to 
beshi^iipl  ^ 

Seij.  Jef.  Captain  Claris,  pray  will  you  g^ive 
aacoovratofwDatyon  obsenredf 

Cant.  Clark,  I  came  down  into  the  hall,  and 
I  dU  hear  a  whispering,  whereupon  I  went  to 
Mid  my  lord  mayor  ;  my  k)rd  mayor  came 
2»wn  upon  the  hustings,  and  proclaimatipn  was 
mde  fiwr  theadjoomiuentof  the  court ;  where- 
upoBi  when  proclanoation,  God  save  the  king, 
ms  n&aie,  an  hundred,  &c.  I  believe  more, 
hist  at  that;  1  ludhokiof  one  of  them,  No 
kbg^e-nsD^  no  sword's-man,  cried  th^y. 
Sirnh,  you  are  a  rascal,  and  a  traitor  in  your 
heart,  wd  I,vaiid  kid  'fast  hdd  of  him ;  but 
there  was  a  very  great  crowd ;  and  says  one 
or  two.  For  GocFs  sake,  captain  Clark,  do  you 
gaud  my  lord  ;  there  was  Mn.  Weston  and 
raafor  Kebe^;  my  lord,  said  they,  is  in 
iaaqger ;  said  I,  Gentlemen,  keep  by  him,  or 
flohe^ore,  I  will  be  in-  ywtt  rear  guard.  My 
Mrd  mayor  was  down  upon  his  laiee,  I  can^t 
Mtboiw  liet»ne  down  ;  Press  on,  press  on, 
thlB  wSB  tfae  cry,  and  God  save  the  sheriffs. 
%StBt  coning'  down  the  steps,  [  pressed  as  near 
as  I  ooold  to  my  lord  ma^For,  to  seep  them  off ; 
Now,  said  ly  mis  b  the  time  to  keep  the  rabble 
0^  now  laee  about ;  I  bad  my  sword  in  my 
hind,  and  with  the  pommel  of  my  sword  kept 
them  off ;  Before  God,  said  I,  I  will  keep  yon 
off;  and  M  I  waited  on  my  lord  home,  and 
went  and  drank  a .  fflass  •ot  sack.  About  an 
lioar  or  two  hours  afterwards,  I  came  down  to 
the  hall  and  Ibund  the  people  shouting,  God 
save  the  ^eriflh,  God  save  the  sheri^ :  what 
BOtfamg,  said  I,  of  my  lord  nmyor  ?  But,  said 
I,  this  is  not  a  place  to  quarrel  in,  let  its  not 
^[Otfrel  togetlicr.  I  saw  the  sherilfe  Pilktng- 
toB  and  Shute  were  concerned  in  carrnng  on 
the  pofl,  sffid  dkis  they  continued  to  do  for  some 
time;  at  last,  I  ana  weaiy  of  the  hail,  said  I, 
I  idtt  ffo  home  ;  and  this  ^as  between  eig^t 
md  nine  o'clock. 

8ei3.  Je^  Canyta  remember  any Ibojy  else 
besidea  the  aheriifs  ? 
Ck^  CUrk,  No,  Sir,  I  cannot. 
8e^.  Jejf.  Can  vou  remember  sir  Thoinas 
Ftqra^?— Capt.  Clark,  No,  1  can't. 

Mfj.  Jeff.  Captain  Clark,  did  yon  know 
^rer-a-one.  of  them  that  cried  out  so  ? 

Capt.  Clark',  Ko^my  tord,  I  was  before  sir 
Robert  Clayton. 

Seri.  Jeff:  Bfigor  Kebey,  Pn^  will  you  give 
mtf  lord  and  the  jnry  a.n  aeo^nnt  of  what  you 
saw  on  Midsummer-Day  ? 

Mmot  Kelaey.^  My  lord,  when  iny  lord  came 
out  cvthe  court,  I  went  after,  and  some  cried, 
Sum  him,  stop  him  ;  but  I  got  between  thein, 
aadsbme  of  my  iord^s  iriends  kej^t  them  off; 
bat  when  we  came  just  to  the  gomg  out,  they 
gave  a  shoot,  and  1  saw  my  lord  mayor's  hat 
upon  his  bads,  and  I  cannot  tell  whether  he 
ftoodied'tfae  ground  with  his  hand,  but  I  was 
even  almost  down  ;  said  I,  Gentlemen;  do  you 
iBteadtemindarmy  tod  mayor? 


I  shall  give  you  all  satisfaction  by-and  by. 
God  bless  you,' Mr.  Sheriff,  said  I;  and  be 
went  again,  and  there  I  staid  till  they  came 
out,  and  then  he  went  up  on  the  hustings  ;  and 
I  went  along  with  him  Tihen  he  came  out. 

Seij.  Jejf.  Who  went  with  him  out  to  go  to 
the  hustings  ? 

Hammon*  Bit  l^illiam  Gdlston,  atid  several 
other  men  ;  there  is  neter  a  name  in  the  in* 
dictment  more. 

Seij.JTey^  Noneof  them  that  are  in' the  in^ 
dictmfnt  ?  Name  them. 

Hamman,  I  have  named  them. 

Serj.  Jeff.  Prithee  name  them. 

Hammon,  Mr.  alderman  Cornish,  both  the 
sheriffs,  my  lord  Grey,  Mr.  Goodenough,  and 
old  Mr.  Key. 

Mr.  Tfumpson.  Which  Goodepough  f 

Hammon.  That  Mr.  Goodenough  that  standb 
there. 

Seij.  Jeff.  There  is  such  a  noise,  that  I  did 
not  very  well  hear  that  word* 

Hammon.  Goodenough ;  not  that  Good** 
enough  that  looks  upon  me*  hut  he  that  stands 
beliind. 

Serj.  Jeff.  He  falhi  behind  now,  but  ho  ran 
c^-and-down  1)ien  ;  and  alderman  Cornish 
was  there  loo^ 

Mr.  Jonts,  Yon  witness,  yon  have  named  nil 
these  men  ;  what  did  Shute  do,  or  what  did 
he  say  ? 

Hammon.  When  he  came  upon  the  hustings, 
he  made  proclamation  himself ,  because  one  or 
two  refused  it,' he  did  it  himseS';  and  after  a 
while  he  adjourned  the  eomt  upon  the  hust* 
ings  ;  this  was  on  Midsummer-day. 

Mr.  Jmti.  What  did  he  say  ? 

Hammon,  As  the  commpn  cryer  usually 
says  at  such  times. 

"Mr.  Thompson.  You  say  you  saw  Mr.  Good- 
enou^,  and  you  saw  my  lotd  Grey;  updn 
yoni:  oath,  can  you-say  they  did  anything,  or 
was  any  thing<{one  in  abuse  to  my  lord  mayor  f 

Hammon.  They  did  not  tell  me,  my  lord, 
what  they  did. 

Mr.  *]!homson,  1  ask  you  what  did  they  do  ? 
X.  C.  J.  Mighty  busy  they  were. 

Mr.  Thompwn.  How  long  was  it  after  niy 
lord  mayor  adjourned  the  court  ? 
Hammon.  About  two  hours. 
Bcr^.Jeff.  So  much  the  worse, 
i;.  C.  /  You  must  miderstaad  it  was  some 

*  The  same  place  which  beibre  was  called 
Ae  Orphan's  court. 

S 


259]    STATE  TRIALS*  '35  Charle*  II.  '  16».— Trwif  of  Th^mi 


m    [269 


time  bcfote  Mr.  Sheriff  bad  mad«  kw  adjourn- 
ment,  they  >vere  busy  till  that  time. 

'Serj.  Jeff.  My  lord,  if  your  lordship  pleases, 
I  do  agree  with  Mr.  Thompson  that  the 
jury  should  remember  that  this  was  two 
hours  after  my  lord- mayor  had  adjourned 
the  court.      ' 

Lord  Gretf.  I  desire,  my  lord,  1  may  ask 
him  some  jquestions.  You  say  you  saw  me 
go  to  the  couiu-it  chamber,  at  what  time,  and 
who  went  with  me  ? 

Hamman,  A  little  before  candle-light. 

Lord  Grej/,  You  say  all  the  company  went 
out  with  the  sheriffs,  and  went  away. 

llammon.  My  lord,  I  did  not  say  yott  came 
out. 

Att,  Gen,  My  lord  was  of  the  upper-bouse. 

Mr.  Thompson,  Yes,  and  may  be  there 
again  ? 

Lord  Gre^,  I  hope  I  shall  be  there,  Mr. 
Attorney. 

Att,  Gen,  It  had  better  you  had  been  so 
then,  ray  lord. 

I»rd  Grey,  It  will  be  the  worse  for  you :  I 
shall  not  lie  perdue  tor  you. 

Att,  Gen,  If  you  tlireatenme,  my  lord,  1 
'ShaUtake  notice  of  it.  My  lord,  I  Itave  done 
you  a  kindness ;  but  if  you  come  under  my 
nands  again  I  shall  not  do  it. 

L.  C.  J,    They  would  not  have  it  said,  God 
save  the  King ;  and,  my  lord,  you  were  with 
some  of  those  that  abused  him. 
'  Lord  Grey,  After  it  was  over,  my  lord. 

Att,  Gen, .  You  were  not  within  your  duty 
here. 

Lord  Grey.  My  lord,  it  was  after  the  poll 
was  closed. 

Serj..  Je/f.  My  lord,  Idesire,  ifyoujplease, 
what  is  usual  in  all  causes,  that  we  might  go 
on  without  any  interruption.  Let  us  go  on 
for  the  king,  and  then  make  all  the  defence 
you  can .  Do  not  think  either  to  biss  or  threaten 
us  out  of  our  cause.  Mr.  Hi^gins,  give  my 
lord  and  tbe  jury  an  account  of  what  you  saw 
or  heard. 

Higgim,  My  lord,  I  attended  with  sereral 
.  of  our  company  by  my  lord-mayOr's  coach  to 
Guildhall^  and  was  in  tne  oouncii-chamber,  and 
iie  sent  for  the  sheriffs ;  and  after  that  he  went 
away ;  and  when  God  save  the  King  was  said, 
•aid  they,  God  save  the  Protestant  Sherifls. 

Serj.  /<s^.  I  desire  to  know,  Mr.  Higgins^ 
this,  what  they  said  ? 

Htfgtiu.  They  cried,  Down  with  the 
8word. 

Mr.  ^Aompson.    Mr.  -  Attorney  is  making 
«  speech  to  us,  I  do  not  kno«v  what  he  hath 
'  said. 

Serj.  Jaff.  I  do  not  think  Mr.  Attoniey 
thinks  you  worth  a  speech.  Mr.  Higgins,  1 
desire  to  ask  you  a  qoestion,  I  ask  you  diis 
i^estion  upon  your  oath,  after  the  adjourn - 
fiient  of  the  court,  and  after  this  very  inaelent 
.  behaviour  of  some  of  the  rabble  tnat  were 
there,  for  I  can  call  them  no  better,  who  did 
:  J9a  see  there? 

Sissint,  After  I  went  hoinei  I  ireot  to  nee 


my  lord  sale  home,  and  can^  back  Again;  I 
saw  one  Freeman,  that  they  call  the  Protestant- 
Cheesemonger,  calling,  T%  poU^  to  p^^ 

Seij.  Jeff.  Pray  who  else  did  you  sec  ? 

Higgin9.  I  saw  aklerman  Comidh  come  op 
towards  the  sheriff's :  Gentlemen,  said  be,  Yoii: 
are  doin^-right 

Serj.  J^  Did  you  hear  Mr.  Alderman  Cor- 
nish say  BO :  What,  tliis  gentleman  ?.  Do  yoii 
knowjiim? 

Higgins,  Says  he  to  sheriff  Shute,  Yos^ 
shall  nave  all  rieht  done  to  you. 

Serj .  Jeff.  W  no  else  did  ^ou  see  there  ? 

Higgins.  I  saw  Mr.  Swinock. 

-Serj.  Jeff,  Did  you  see  Mr.  Key?  Did  yop 
see  Mr.  Piikington  ?     . 

Higgins.  I  did  not  see  Mr.  PiUdngton :  I'v 
saw  Shute. 

^^j'  *f^ff'  Did  you  see  Mr.  Jekyl? 

Higgins,  Yes. 

Serj.  Jeff.  Which  of  them. do  you  meanf 

Higgle,  TheeUlerman. 

Serj.Ji^.  There,  is  JohnJekyl  the  elder, 
gentlemen ;  and  John.^ekyl  the  younger. 

Higgins,  I  was  disputing  with  a  feUow  that 
his  toes  came  out  of  his  shoes,  and  bad  a  green 
apron ;  Said  I,  Are  you  a  livery-man  ?  Yet,  I 
am.  said  he.  Surely,  said  I,  they  do  not  use  to 
make  such  as  you  are  livery-men.  Says  Mr. 
Jekvl,  He  may  be  as  good  a  man  as  you,  for 
auglit  I  know.  That  was  about  half  an  bout 
aft«r  my  lord -mayor  went  home. 

Serj.  Jeff.  What  time  was  the  adjonrft* 
ment? 

Higgins.  About  five  or  six.  I  wasspeokiag 
sometnmg,  You  are  all  in  a  riot.  This  is  m> 
riot,  says  Mr.  Swinock  to  me;  I  can  never 
meet  you,  but  you  are  railing  against  the  kin^a 
evidence. 

JL.  C  /.  The  king's  evidenocy  what  wao 
that?  ; 

Mr.  Willianu,  What  was  done  by  Mr. 
Jekyl ? 

Siggini*  He>  was  talldng  un^aig  the  peo- 
ple. 

Seq.  Jeff,  He  ^  encourage .  amoog  tbe 
rest.' 

Mr.  WilUmu.  You  are  in  a  paauon  now. 

SeQ.  Jeff,  No,  Sir,  I  am  nU. 

Hifginsn  He  seconded  Mr.  Cornish  wheft 
jheslud.  Insist  upon  your  Rights. 

Serj./e/.  Who  did  80? 

Higgins.  Freeman,  my  lord,  that  they  cell 
the  Protestant  Cheesemonger. 

Mr.  WiUiams.   A  very  pretty  word  indeed. 

S^.  Jeff.  Aye,  so  it-is ;  ne  is^^  celled ;  yoa 
will  ffive  US  leave  to  hear  what  the  witneai^ 
speafs 

Mr.  Williams.  Another  epithet  would  do  e 
great  deal  better. 

Seij.  Jeff,  William  Bell,  what  was  done  npoa 
the  spot  ?  Was  there  any  hurt  ? 

Mr.  WlUianu.  Do  you  say,  upon  your  oath, 
that  gentleman  ufas  there  ? 

Higgins.  1  have  seen  him  in  the  balcony. 

Serj.  Jeff.  He  says,  he  uses- to  be  there  upon 
public  days  in  the  coffee-bouse.— BeU^  I  wov^tt 


161 J    '  STATE ntlALS^  35  Crablss  II.  iSSS.'-^Mi  &thir$yf&r  a  Rid.       (263 


iesm  to  know  of  you,  wlietber  you  are  able 
to  give  an  account  after  my  lord -mayor's  ad^ 
jbarmnent,  who  was  there?  Name  as  many 
pemms  asvou  can. 

BelL  Mr,  Bethel ;  and  I  saw  Mr.  Cornish 
go  through  the  little  gate  into  the  yard. 
Sen.Jdf:  Who  else?     - 
Bell.  That  is  all,  Sir ;  sheriff  Pilk'mgton  de- 
fiirered  two  poll  books  into  my  hand. 

Ait.  Gen,    Mr.  Vavasor,  win  you  tdl  my 
lord  and  the  jury  what  you  saw  ? 

Vavasor.    It  happened  thus :  Mr.  Hammon 

Ind  takite  a  man  upon  execution,  who  was  bail 

ior  ff  cKent  of  mine  who  had  paid  the  monies 

lofDfi^  before  ^  upon  that  I  came  to  know  who 

employed  lum ;  and  coming  here,  I  fmiud  Mr. 

'Hamnum  in  that  place,  and  the  croud  was  so 

great,  Do  not  go  back  again,  said  he,  for  you 

will  go  near  to  be  abused.    Whilst  I  staid 

there,  I  asked  him  what  was  the  meanmg ; 

^ys  he.  In  this  room  are  the  sherifls  and 

some  othtts  casting  up  the  poll ;  and  whilst  I 

staid,  tfiere-  came  in  Mr.  Uooifenough  to  and 

fko  from  them^  and  before  they  would  admit 

any,    tl&ey  would  know  dieir  names ;  there 

was  Mr.  &ey,  my  lord  Grey,  and  sir  William 

Gabtoa. 

Att.  Gen.  What  afterwards? 
Vaoator,   Yes,  Mr;  Cornish  was  there ;  he 
and  sheriflPSbute  came  out  together,  and  they 
went  upoA  those  stairs  under  the  clock. 
*    Att.Gen.  Who  came  out  with  sheiiffShute? 
Vavator.  Cornish.- 
Mr.  WUUam.  What  Corai^  ? 
ViOMisor.  Alderman  Cornish. 
'    Mr.  WilRams.  Very  mannerly. 
'   Be^.Jeffl   His  name  was  Cornish  before  he 


Vemuor.  And  sheriff  Shute  told  the  people, 
If  they  would  stay  a  Uttle  time,  he  would  give 
Hxm  safisftction.  Upon  that,  Mr.  Cornish 
went  throagh  the  company  ;  and  when  they 
came  to  tfie  husttng,  Mr.  ^ute  ordered  procla- 
mation to  be  made,  and  tokl  them,  Whereas 
my  lordrraayor  had  taken  upon  lum  to  adjourn 
at  nine  o'^ock ;  We  the  sheri^  of  Ijondon  and 
Middlesek,  beinff  iht  proper  officers,  do  ad- 
jooni  it  to  Tuesday  at  nine  of  the  clock.  Upon 
thai  an  ancient  ffeaOitaaan  desired  they  might 
prodaim  the  election.  Thai  says  Shute,  mat 
1  eaniMA  do  it  now,  for  we  have  taken  very 
good  oouBsel  fat  what  we  do.  Had  it  not  been 
hr  Mr.  Hammon,  I  had  been,  I  believe,  trod 
md^  foot  snflwwntly. 

Serj.  J^.   Mr.  Denham,  who  did  you  see  ? 

Da^m.  I  saw  sir  Thomas  Player,  and  Mr. 
Jenks. 
'    Serj.  J^.   Where  did  you  see  them,  pray  ? 

Denltam.  In  the  yard.  I  went  hdme  with 
lay  knrd-inayor,  and  then  I  saw  them.  I  had 
isiindoCglttioe,  but  I  cannot  swear  positively 
4»  MBr.  Jenki. 

•  803.  Jef.    Sir  Thomas   Player,  and  Mr. 
Jaks,  whatdidyou  see  them  do  ? 
■  8irjPr.  Winn.  Havkyou,  fnend,whti«wa8 
•Xyni  saw  Uiem  ? 
'  i^MA««.  in  tlie  yard. 


Sir  Fr.  Winn.    What  did  you  see  them  do  ? 

Denham.  Nothing  at  all. 

Seij.  Jeff.  How  ma^y  people  might  there  ba 
then  ?  Two  or  three  hundred  ? 

Denham.  Abo\  e  a  tbousandf 

Mr.  Willicms.  What  did  you' bear  sir  Tho- 
mas Player  say  ?'^Denham.  Nothing. 

Mr.  WiUiams.  How  far  was  he  from  his 
own  door  ? 

Denham,  On  the  other  side  of  the  hall. 

Mr.  Williams.  A  mighty  way  indeed,  a 
mighty  thing.    What  said  Mr.  Jeuks  ? 

Denham.  I  cannot  say,  Sir,  that  I  beard 
him  speak  a  word,  tmly  in  the  tumult. 

Sir  Fr.  Winn.  Friend,  I  ask  you  this ;  I 
think  I  heard  you  say,  you  saw  sir  Thomas 
Player  aiid  Mr.  Jenks  in  the  yard,  but  you 
did  not  see  them  do  any  thing  at  all  ? 

Denham.  No. 

Seij.  Jeff.  Pray,  Mr.  Farrington,  will  you 
tell  my  lord  and  tiie  jury  what  you  saw  after 
my  lord -mayor  had  adjourned  the  court  ? 

Farrington.^  I  saw  there  Sheriff  Pillnngton, 
Sbute,  sir  Thomas  Player,  Mr.  Wickham  dio 
scrivener  in  Lothbury,  Mr.  Jenks,  Babiugton, 
one  Jennings  an  upholsterer. 

L.  C.  J,  Sir  Thomas  Player  you  say  in  the 
first  place  ? 

Farrington.  Yes,  and  Wickham,  mylordy 
a  scrivener  in  Lothbury. 

L.  C.  J.  Who  then  f 

Farrington,  Sheriff  Pilkington  and  Shute, 
and  Mr.  Cornish,  alderman  Cornish. 

S«j«-  Jeff.  Did  you  see  one  Deagle  there  ? 

Farrington.  No,  Sir. 

Seij.  Jeff.   Wickham  you  saw  there  ? 

Farrington.  Ay,  Sir,  I  know  him  very 
welL 

Mr.  Thompson.  What  is  Wickham's  chris- 
tian name  ? 

Seg.  Jiff.  John  ll^kharo,  he  goes  by  that 
name,  it  may  be  he  was  not  christened.  Was 
Jenks  there,  do  you  know  him  ? 

Farrington.  The  linen-draper. 

Serj.  Jeff.  Ay,  very  well,  he  goes  bv  tho 
name  of  Francis  Jenks.  Did  you  see  Jdcyl 
there  ? 

Farrington.  I  don't  know  the  name ;  I  saw 
a  great  many  I  knew  by  sight,  but  not  their 
names. 

Mr.  Holtk  What  did  these  gentlemen  do? 

Farrington.  V\\  telWou,  Sir;  therewas  sheriff 
Pilkington  and  sheriff  Shute,  I  went  in  where 
they  were  taking  the  poll ;  said  I,  Gentlemen, 
my  lord-mayor  bath  adjourned  the  court,  what 
do  you  here?  I  suppose  it  ties  in  my  lord- 
mayor's  power ;  if  it  lies  in  him  to  call,  cer- 
tainly he  must  dissolve. 

Mr.  Williams.  You  argue4l  thus. 

Seij.  Jeff.  Pray  give  us  leave  to  go  on. 

Farrington.  Tl^re  was  Mr.  Wickham,  and 
says  he.  My  lord- mayor  hath  nothing  to  do 
here,  neither  will  we  be  ruled  bv  any  of  your 
tory  lord-mayors.  This  is  not  the  first  asper- 
sion, said  I,  that  you  have  cast  upon  a  geim&- 
man  that  loves  the  church  and  the  eovera- 
ment  established  by  law  *,  and  they  fell,  afaoul 


Sd3]    STATE  TRIALS^  35  Ctf  ablb»  II.  l6S3^7ripf  ^f  J1iom»  PUkk^km     i^€^ 


me,  and  had  it  not  been  for  Mr.  Fletcher  and 
iir.  Hill,  I  believe  they  had  done  me  a  mis- 
chief; for  they  trod  upon  my  toea ;  who  did  it 
I  can't  tell. 

8erj.  Jejf.  But  you  say  sir  Thomas  Player, 
and  PiUdngUm,  and  alderman  Cornish;  were 
araoncst  them  ? — Farrington.  Yes,  Sir. 

Scr|.  Jegr,  That's  enough.— Pray  Mr.  Cart- 
wright,  will  you  tell  my  lord  and  the  jury 
what  you  observed  there,  and  who'was  there. 
•  Ctu-twright.  I  know  the  names  of  no  persons 
that  were  there  ; .  all  I  can  say  was  this :  As 
90on  as  my  lord- mayor  adjourned  the  court 
upon  the  hustings,  he  came  down,  and  going 
out  of  the  hall,  he  had  like  to  havebeed  thrown 
down,  had  it  not  been  for  Mr.  Shaw;    and 

King  to  save  my  lord- mayor,  J  wrenched  my 
ck,  and  I  spit  blood  for  7  days  aller. 
Saj,Jeff.  Tell  that,  Mr.  Cartwrigbt,  over 
•gain; 

Cktrtwrigkt.  My  back  was  wrenched  in  sav- 
ing my  lora-mayor,  aod  I  spit  blood  7  days 

Serj.  Jeffl  £ndc?.vottring  to  save  my  lord- 
mayor  his  back  was  so  wrenched,  that  ne  apit 
blood  6  or  7  days  after.  Hark  you,  Mr.  Cart- 
wright,-  ever  smce  that  time  have  you  found 
any  indispositTon  ? 

Cartwright,  I  b«v«  BOt  boen  my  ovm  man 
since. 

Mr.  Williams,  He  took  a  surfeit, 

Seij.  Jeff'.  He  took  a  surtint  of  ill  company 
I  am  sure, 

Sol,  Gen,  Mr.  Shaw,  give  my  lord  and  the 
jurv  an  account  of  what  you  know. 

Shatv,  My  lord,  my  lord-mayor  sent  to  the 
flheii£%,  aitd  orde^^d  them  to  ioibear  polling, 
and  come  up  to  the  chamber,  and  sent  two  or 
three  timea ;  bi|t  they  denied  ooming  to  him, 
and  west  on  and  ordered  the  Common  Cryer  to 
make  proclanMtion  for  them  to  depart ;  aud  if 
ih^sy  staid,  that  he  would  look  upon  them  as 
rio^rs,  and  there  was  hissing  and  agreat  deal  of 
crowd  )  and  there  was  sir  James  £dwards  in  the 
court,  they  huucheQ  him  with  their  elliows ;  and 
M  hia.lordship  came  down,  going  down  tlie  steps 
there  was  such  a  crowd,  that  If  I  had  not 
catched  his  lordship  in  oiy  arms,  be  Jiad  fallen 
upon  his  forehead,  and  his  hat  was  off. 

L.  C.  /.  Who  did  you  see  so  misbehave 
Ihemselves  ? 

Shaw,  My  lord,  I  can't  tell. 

Serj.  J<?^.    I  tliink  we  have  now  proved  it 

r'nst  every  body. we  design,  save  only  against 
Dea^e;  for  we  do  not  now  proceed 
r'ast  Dorman,  Newman  apd  Benjamin 
p.  Now,  niy  lord,  we  will  only  prove 
agamst  John  Deagle,  and  then  we  shall  have 
done.  Mr.  Kemp,  will  yon  tell  my  lord  and 
jury  vrho  you  saw  here?  Did  you  observe 
^y  particulars  after  the  court  wiis  adjoumed  P 

Kempy  I  doQ't  reniember  I  observed  any  one 
plan. 

Ba^.Jeff.  You  don't  f   Had  you  any  dia» 
paoTwt  witn  Mr.Deagle  at  any  tuneT 
Kmp,  Yea,  I  h4d. 

S<Br}. /<#  Wbitiiidhe teU yo^t 


Kemp.   He  did  oonfesa  ha  was  there  aJbout  ^ 
o'clock  at  night. 

Serf.  Jeff.    He  did  own  he  was  amoDgst 
them  P 

Kemp.  Yes,  with  alderman  Cornish. 

Serj.  Jeff,  \Vhat  say  you,  Mr.  Rigby  ? 

Ri^hy.  I  saw  him  aliout  7  o'clock. 
.  Bei^.Jeff,   Was  he  in  the  crowd  ? 

Rigby.  Yes,  amongst  the  people. 

Serj.  Jeff  Here  is  all  now,  g^enlleiiiesi,  buT 
Dorman,  Newman  and  Beiyamin  Alsap,  an^ 
we  don't  go  ugainst  them  now.    After  thev 
had  doneuis,  and  hissed  at  the  king,  and  cne^ 
No  king^,  no  lord-mayor,  what  acdaoiatioiui 
went  these  people  off  with  ? 
'    Hammon,    When  the  court  was  hfokit  V9 
by  the  sherifis,  they  cried,  '  God  save  our  true 
'  Protestant  shei-im ;'  and  in  that  manner  they 
hollowed  us. 

Serj. /(p/^  What  say  you? 

HammoH,  They  hollowed  us  home,  Sir^  a» 
&r  as  Fishmonger's-hall. 

Seij.  Jeff,  They  began  with  a  hisa,and  eiids^ 
with  a  hollow.  .  ;- 

Mr.  Williams.  Gentlem^,  1  am  o^KfiM^for 
the  defendants ;  and,  my  lord,  the  qjaeatioa  is, 
under  favour.  Whether  tfaestf  persbns  taken  ^ 
defendants,  whethey  they  he  giulty  of  this 
riot,  as  it  is  laid  in  the  information.    We  are 
now  upon  a  special  case,  and  the  aueition  is, 
Whether  Goihy,  or  Not  GuUtv  ?  M^y  k>rd,  ia 
the  first  place,  tor  the  cries ;  what  the  ciy  was 
hath  been  too  often  mentioned ;  fpr  those  c^es, 
there, is  nothing  at  sdl  fixed  unon  any  person 
that  is  defendant ;  all  th^  ia  cnarged  opoi^  oi, 
is,  that  we  were  in  the  ^1  it  seenos,  and  be-^ 
cause  there  was  this  noise  heard,  therefore  we 
must  be  guilty.    In  this  crowd  w^e  we  ai% 
I  hear  hissin^^  especially  at  th^  other  tp^  of 
the  hall ;  which  of  us  are  conoerneiii  in  it,  is  |i 
hard  matter  to  judge ;   it  is  %  bard  matteiv 
and  it  were  very  well,  and  it  h^ul  l^ean  very 
happy,  if  some  of  those  persons  ^ad  been 
apprehended  for  their  hissing.      I  wiQ  no^ 
sav,  ^fentlemen,  that  either  one  p^y  or  the 
oth(;r  m  the  ctmtest  made  the  noise  o^  nissing, 
but  there  is  nothing  of  it  fixed  upon  any  of  us. 
Our  case  is  this,  my  lord,  with  favour ;  vhen 
we  have  stated  our  case  and  proved  it,  we  arp 
very  innocent,  and  not  guilty  of  the  riot,    {a 
sQipoe  measure  it  hath  been  stated  on  the  other 
side.    They  say  in  the  Informat^,  that  the 
lord  mayor  called  a  common  hall ;  we  do  nol 
dispute  that  matter,  we.  ap-ee  it,  ^at  the  Utti 
mayor  of  London  is  the  bng^s  lieutenant;  but 
to  make  such  an  inference,  Th^^t  because  the 
lord  mayor  is  the  king's  lieutenant  ip  the  ci^ 
of  London,  that  he  must  execute  all  the  offices 
in  the  city,  is  of  no  cnedit  in  the  world;  sa 
that  they   are  mistaken  in  thet.     Men  ^ra 
boun4ed  in  their  offices.   The  lord  miiyor  dpes 
not  execute  all  the  offices  in  the  city  tbongh 
he  be  lord  mayor.    The  question  between  as 
is  this ;  Whether  the  shenfls,  in  this  case,  did 
more  than  their  office  as  sheriffs  <Mtthe^ciil^  of 
Ix)ndon.     There  is  a  superiority  due  lo  tJh^ 
tord  major,     AftoAir  tluiig  ve  .9fpB»  v^ 


265]        &TATB  TRIALS,  35  Chauxs  II;  iS^S.-^mid  oikers,  fpr  §  KM.        [t66 


then ;  we  agree  h  k  in  tbe  lord  nuMror  only  to 
cdl  these  oommon  haUe,  and  as  lM(f .  Sei^eaDt 
Jefferies,  tbat  hath  beeo  in  a  good  office  in  the 
dtj,  be  i^^rees  U  lumself :  and  it  is  appaireDt, 
there  are  some  fixed  days  for  election ;  oat  yet 
lheii|^h  diere  be  fiiced  days  for  election,  yet 
there  aiast  be  that  formaiity  of  a  summons 
fxomtheUwd  mayor  to  the  city,  to  meet  in 
order  to  the  election  of  sheriffs  ror  the  city  of 
London  and  other  officers  \  that  we  do  agree 
that  my  lord  mayor  hath  the  power  of  caUibg 
oomnioo  halls,  and  he  is  the  proper  officer. 
We  agree  also,  |pendemen,  thai  when  the 
LM«n<'«  is  done,  tor  there  is  nothing  in  vain  in 
Bitare,  and  there  is  nothing  in  gOTemment 
that  shouid  be  in  vain,  when  the  business  is 
done,  my  lord  mavor  is  to  bid  tiie  company, 

*  Fare  muk  weU,'  which  you  may  call  dis- 
chaigmg'  the  oommon  hall ;  we  asree  that  to 
be  comnMN^  and  usuaUy  done  hy  nay  lord 
mayor.  Bot  herein  we  iafftt^  which  we  are 
to  try,  the  right  of  the  office  of  sheriffii  beinff 
the  qaestMO ;  it  is  a  question  of  right,  and  I 
dp  not  see  the  government  is  coiioerned  one 
way  or  other. 

jL  C.  J.  Upon  my  word  I  do  see  it ;  and 
sarely  you  must  be  blind,  or  else  you  would 
see  it  too :  when  a  company  is  got  together, 

*  No  God  save  the  king  I  No  ki^ !  No  lord 


p 


Mr.  Wmiams.    My  locd,  I  tlymgM  I  kad 

Speiied  it  plainly,  I  speak  before,  a  great  many 

peo^;  1  desire,  my  lord,  this  may  be  very 

weD  heard.    1  tibooght  I  had  said,  veiy  well, 

finom  all  these  noisea  and  cries  we  are  all  in- 

■oecst,  we  justify  nothing  of  it,  onlv  we  would 

have  been  glad  if  Ihej^  had  apprehended  any 

man  that  made  that  noise ;  it  had  been  a  very 

happy  thioff  if  one  of  them,  or  all  ef  them  had 

been  defenoanlB  |o  be  tried.    My  dients  are 

defendaatSy  they  are  innocent  and  nnconcem- 

ed ;  it  is  a  crime  committed  by  some  where 

these  s^tlemen  were  by,  but  they  are  inno- 

eeat;  we  hesr  Jbi8Sing[  at  the  other  end  of  the 

room,  it  was  an  iU  thing,  and  ^a  treasenable 

eomplexioD;  but  for  these  gentlemen  they  are 

uneoneemed.    The  question  between  the  lord 

mkjfx  and  the  sherifis  of  the  city,  is  a  ques- 

liaik  of  right  between  the  mayor  andsherifis, 

Wheduer  it  be  the  prerogattve  of  the  mayor,  or 

the  rigfat^of  the  sheriffs  ?  And  I  say,  un^er 

esfceclion  again,  this  question,  VHiether  my 

Wd  mayor  of  Undon  may  adjourn  the  com- 

BMm  hail  to  a  certain  day,  is  a  question  of 

eight ;  Whedber  he  can  do  it,  or  the  sheriffs  P 

aai  I  do  not  see  what  consequence  it  can  have 

upon  the  government.    The  lord  mayor  is  the 

king's  d^utv,  the  sheriffs  they  ar^  the  kind's 

gffioeis;  and  the  question  is,  Whether  it  oe 

lathe  lord  may 01"  or  the  sherifl^  of  London  to 

adjoom  it  ?  They  are  very  good  subjects,  I  am 

nre  this  very  year  they  are  so ;  therefore  I 

wsoder  at  thi»e  gentlemen  of  the  king's  coun* 

•di  4iat  will  me&le  with  the  gOTemment,  and 

say  the  gDvemment  is  oonoemed  m  this;  I 

sjifeal  teany  man  if  thece  ha:  any  more  oon- 

^am^diia^  I  sa^  tbi?,  httevca»»isMiMiioa 


hall  caUed,  gvound^  n^n  custom  ia  the  fii^ 
of  liOndon,  and  here  is  a  single  question,.  Wha^ 
ther  these  sheriffs  did  any  more  thsia  theiv 
duty;  whether  they  were  guilty,  of  a  riot  in 
continuing  this  poll  ?  Gentlemen,  this  is  the 
method  we  shall  take.  First  of  all,  it  is  not 
proved,  that  ever  the  lord  mayor,  before  this 
time,  did  ever  attempt  to  adjourn  a  eommoa 
hall  to  any  certain  time ;  all  the  witnesses  that 
were  called,  that  preleiMl  to  be  knowing  ia  the 
customs  of  London,  the  common  seijeant  him-* 
self,  he  does  not  pretend  that  it  was  a^l^ouroed 
to  a  day. 

Serj.  Jeff.  You  mistake.  1^  Kobert  Cky«. 
ton  did  from  Saturday  to  Monday. 

X.  C  /.  What  need  if  there  had  been  no 
precedent  P  If  so  be  an  assembly  of  peopie  aie 
met  about  business,  and  they  cannot  make  aa 
end  of  it  ia  a  reasonable  time,  must  they  be 
kept  all  nig^t  tiU  they  have  P  What  argummt 
will  you  make  of  it  P  If  a  man  aiay  vatt  aad 
dissolve,  do  you  think  if  there  beoocasion,  but^ 
by  the  law  itself,  that  he  may  anj^ium  to  a  oon« 
venient  hour  P 

Mr.  Williams.  ThatwUl be a<|uestion between 
us.  My  lord,  what  I  say  certainly  offset  car** 
ries  aoaMething  in  it. 

X.  C.  J.  NotatsU. 

Mr.  Williams.  Then,  my  k>rd,  I  havedooa. 

X.  C.  J.  Give  us  leave  to  underslandaoma- 
thiri^,Sir. 

Sir  Jr.  Winn,  MyJ^rd,  by  your  loedshif^a 
fitvoar 

X.  C.  J.  I  spuketo  Mr.  WiSiaaH,  aMl  h& 
takes  it  so  heinously  at  my  hand  that  fiuts  sig-> 
nify  nothing ;  I  do  again  say  it,  the  hakmffn* 
fies  nothing.  For  I  tell  youagssa  aalaw,  it  is 
pot  denied  the  lord  mayor  may  call,  he  maji 
diasolve ;  then,  I  say,  by  law  withput  faot, 
by  custom,  he  tha^  can  bodi-  call  and  dissaiiio, 
may  adjourn  to  a  oonvenient  tima»  Aoast 
ju&es  of  assize  of  aljl  the  counties  off  fiv-^ 
land  do  it,  when  a  cause  appointed  to  oe 
tried  in  such  a  county  such  a  day,  and  it  may 
be  it  is  tried  three  days  after  P  And  ysS  I  nay 
find  me  the  statute  or  commission,  or  find  ma 
one  thing  or  another,  hestdesthe  very  law  itself 
that  doth  give  theca  leave  to  lyl^oani  finom  tiiM 
to  time. 

Mr.  WilUami.  My  lord,  diere  is  a  mighty 
di^-ence,biitIamQidyupoAfiu:ft;  these  ge»^ 
tiemea  will  moee  it  was  never  praettsed.heibiii 
sir  Robert  Cbylon's  time  ;  what  the  oons&^ 
quence  in  law  will  be,  that  is  in  your  lordships 
breast ;  I amaow speaking  ufOft  tbe  evidence 
that  this  hath  not  been  piaotised.  What  the 
law  is,  for  that  we  are  to.  have  Your  ^udgmenti 
whieh  I  humbly  crave,  I  will  be  judged  by 
gentlemen  that  are  my  senion,  and  better  read 
m  this  nkatter  ;  but,  mf  lord,  a  man  may  havia 
a  power  of  calling  or  dissolving,  and  notof  ad« 
joumin^  •  it  may  be  so.  But,  my  lord,  ad*( 
mitting  it  to  be  so  for  this  time ;  yet,  my  lord| 
whether  we  era  guilty  of  a  riot,  ^ike  the  ciiu 
cumstances  «f  our  case.  Whether  the  right  of 
a^^Quraiiig  heia  diftsheriflh,yea,  or  nay,  itisa 
question  of  right,  and  I  had  irather  apply  my« 


967]    STAT£  TRIALS,  35  Charles  IL  i68S.— Tm/ o/Tkemas  Pilkingten    l^G^ 


ietf  to  your  knrdsbip,  than  to  tiie  jiinr.  If 
there  were  a  qtiestion  ot'iight  between  tne  lord 
mayor  and  the  sherifis,  itmay  be  admitted  by 
rnir  counsel,  that  it  was  his  ri^ht  to  adjourn 
the  court,  and  probably  the  bheriffs  might  be  in 
the  wrong,  ana  the  lord  mayor  in  the  right, 
l^he  lord  mayor  adjourns  the  court,  apd  they 
continue  it ;  they  go  on  with  the  poll,  aod  go 
on  with  the  execution  of  their  office,  as  they 
apprehended  ;  if  they  were  still  for  their  right, 
1  hope  your  lordship  will  not  make  this  a  riot.* 
My  lora,  for-  the  circumstances  that  followed, 
the  noise  that  was  mode,  which  I  do  not  love 
to  mention ;  if,  I  say,  they  were  guilty  of  this,  1 
am  silent ;  but  if  they  did  no  more,  as  I  hear  no 
more  proved  upon  them  than  continuing  the 
poll,  then,  I  say,  it  will  be  hard  to  make  them 
gaWty  of  the  riot.  And  another  thing  is  this ; 
my  lord,  we  all  know,  if-  there  were  a  thousand 
«leotors,  any  man  knows,  that  when  there  is  a 
question  upon  an  election,  it  is  impossible  such 
» thing  shidl  be, carried  on  but  there  will  be  re- 
Tilijig)  ill  UuBguage,  and  the  like  ;  and  to  turn 
all  these  things  to  a  riot,  a  thing  so  common 
IW)m  the  be^nningofelections  to  this  time,  if 
Iheiebe  a  division' and  polling,  there  will  be 
something  you  may  torn  to  a  not.  But,  I  say 
this,  they  have  not  instanced  in  any  one  de- 
^^ndant,  that  he  was  guilty  of  any  one  parti- 
cydar  act  that  amounted  to  a  riot  in  itself,  they 
have  not  instanced  in  one.  They  say  of  alder- 
man.Comish,  that  he  was  of  the  same  opinion 
with  the  shenib,  that  they  did  insist  upon  the 
rights  of  the  city,  he  iopk  it  to  be  the  right  of 
tl^  sherifis ;  '  And,'  says  one  of  them,  *  1  will 
stead  (TOon  it.  Bethel  that  had  been  ^eriff.  Now 
we  .will  call  oot  witnesses,  we  will  proye  what 
faath  been  the  constant  practice  in  the  city, 
we  will  prore  the  methods  of  a^onmment; 
«ad#  my  lorii,  this  is  to  be  said,  which 
ymir  lordship,  wilf  observe,  that  the  sheriff 
•iboiinied  the  court 'to  the  very  same  time 
wnh  my  lord  mayor  ;  so  that  it  was  no  more 
than  to  bring  ]die  matter  to  an  issue  in  this  case. 
.  SirjJPlr.  Winn.  Spare  me-a  word  in  this  case, 
Isy.  lord.  .  There  is  no  evidence  produced 
against  Treiichard,  nor  against  Jekyl  the 
younger,,  nor  agamst  Bifield,  nor  Of 

these  there  is  no  question,  but  th^  are  as  if 
$kij  were  out  of  the  information  ;  I  must  beg 
leaye  for  a  woid  or  two  ias  to  those  defendants, 
that  .they  have  olGsred  some  etidence  against. 
The  question  is  now;before  your  lordship,  whe- 
ther they  are  gndty  of  a  riot  or  nor  My  lord, 
fi»r  ought  I  see,  it  will  stand  upon  a  nicety  of 
Nidgment;  yet,i^tllierebenot  matter  enough, 
geimemen,  to  make  the  defendants  guilty  d'a 

)  *  *^  Itisaaoddkmdofprooeedmgthatmen 
should  be  found  guilty  of  a.riot  when  they  met 
about  a  lawful  affair,  vis.  chusing  th^  officers, 
and  were  employed  only  therem,  and  when  even 
the  matter  of  ru^ht  is  yet  undecided  whether 
the  lord  mayor  have  such  an  aihitraiy  power 
t^rer  the  common  haU  as  is  pretended.^  Nar- 
^ns  Luttrall'sliS.  INcfHiBlmcalRditioD, 


riot,  then  it  will  ckiair  the  defendants.  My  lord, 
as  to  those  words,  that  really,  were  words  tlmt 
ought  to  be  inquired  into,  who  they  were  that 
spoke  them  in  relation  to  his  majesty  ;  1  think 
it  was  a  very  ill  thing  of  those  men  that  saw 
tlicm,  that  they  would  not  neglect  all  manner 
of  bu^ness  to  seize  them,  I  think  it  was  a  duty 
to  fix  upon  tliem ;  but,  my  lord,  there  is  no  evi  - 
dence  to  pot  it  upon  any  of  the  defendants.  My 
lord,  tliat  being  pared  off,  now  the  question  is, 
that  the  meeting  together  was  lawful,  that  is 
agreed  ;  then  -  when  they  came  together,  my 
lord.  I  do  diink,  that  if  we  do  re^  upon  the 
evidence,  it  will  be  a  mighty  hard  thing  to  make 
this  a  riot ;  setting  aside  those  villainous  words 
that  were  spoken,  which  cannot  rdate  to  the 
defendants.  Suppose,  my  lord,  that  among  tb^ 
electors  the  whole  common  hall  of  the  dty, 
there  doth  a  dispute  arise,  before  the  dection 
is  over,  concerning  the  adjournment  of  the 
sherifis  or  the  lord  mayor  ;  some  men  are  of 
one  opinion,  some  are  of  another ;  and  thw 
evidence,  Mr.  Peter  King  and  another,  at- 
torneys, I  asked  the  question  several  times, 
'  Did  the  lord  mayor  or  London  ever  interpose 
or  concern  himself  in  adjourning  the  hall,  till 
the  election  was  quite  finished?*  And  they 
said,  *  No.'  Then,  my  lord,  I  must  say  it  as 
to  these  particular  defendants,  in  such  a  con- 
course or  people  as  were  met  Uiere,  it  is  as  slen- 
der a  proof  of  a  not  as  ever  was,  and  intimates 
that  the  citizens  of  London,  they  that  happen 
not  to  be  the  greater  number,,  they  that  lose  the 
election,  may  be  found  enilty  of  a  riot  in  chus- 
ing othercfl&ers,  as  w^  as  in  the  business  of 
sheriffs  ;  which  being  so  tender  a  point,  I 
think  it  will  be  a  very  severe  exposition,  my 
lord,  to  make  this  a  riot.  But  now  for  the  mat- 
ter: we  will  call  to  your  lordship^  several  wit- 
nesses, men  that  have  been  magistrates  in  the 
city,  that  it  vras  always  looked  upon,  that  my 
lora  mayor,  as  he  is  the  principal  magistrate,  he 
gives  notice  for  common  halb  ;  and  when  the 
several  electors  are  met,  and  the  business  is 
over,  he  directs  them  to  go  home,  and  dissolves 
them  ;  but  my  lord  mayor  meddles  not  in  every 
little  administration  of  the  election  of  officers, 
but  leaves  them  to  inferior  officers,  the  sheriflfs 
and  others  that  is  their  duty  ;  my  lord,  with 
submission  they  poll  them,  and  send  them  honie 
during  ^e  election,  therefore  by  law  they  do^ 
this ;  fer,  my  lord,  the  custom  of  a  city,  and  the 
custom  of  a  place,  is  the  law  of  the  place ;  atid 
if  the  custom  of  the  pUice  had  been,  that  the 
sherifis  have  been  the  persons  that  have  ma- 
naged it,  is  their  rig^t ;  but  their  common  Ser- 
jeant he  says  be  hath  the  sole  management  of 
it ;  then  ii  it  be  as  Mr.  Common  Seijeant  says, 
if  that  must  go,  upon  my  word,  gendemen, 
your  privilqies  are  reduced'  to  a  mile  com- 
passi— ^ 

JL  C.  J.  They  did  confer  with  one  another 
who  they  took  to  have  the  most  voices,  and  so 
reported  it;  notthathe  did  claim  any  tiling  in 
his  own  riffht,  hot  as  an  officer  or  the  cityb 
Nowit  is  main,  and  I  thmfc  there  is  no  ineon- 
yeaicB^  Mb  upon  it,  if  an  offioaraoqaaiaiB 


469T      STATETRlAia^  B5  CirAaLEr tl..  \€^B.^Mwd  i>thtT$Jw  a  mu.  ■' 

out  of  the  hail  tbroogh  the  crawd,  aod 
pulsed,  the  crowd  wan  so  great  1  ooold  not  g«t 
throagfa,  but  was  fain  to  retire  iwck  again  to 
the  hustings,  as  I  remember,  two  or  three' 
times .  There  mi^ht  be  some  such  discourse  as 
Mr.  Common  Serteant  hath  said ;  butthasiar 
I  can  remember,  that  I  did  both  myself,  and  the 
common  serieatat,  signify  -to  them  the  businesa 
I  was  about,  and  so  many  aldermen  as  made  up 
a  bench,  together,  with  Mr.  Recorder,  to 
manage  that  business,  must  go  ;  and  tiiat  I 
would  leare  the  sherifis  to  manage  the  poHi 
which  I  thought  was  their  duty. 

Mr.  Thompson*  Did  you  take  it  to  bethar 
right  ? 

Sir  R.  Clayton.  I  did  not  apprehend  it  to  ba 
my  right  th<ii.  > 

Mr.  TAosipfon.  And  therefore  you  left  it  tr 
the  sherifis  as  their  right  ? 

Sir  Jt  Clayton.  I  leit  it  to  the  aherift  ta 
maiMge  the  same. 

Mr.  WiUiama,  Sir  Robert  Chyton,  I  sop^ 
pose  when  you  were  lord  mayor,  you.Were  aa 
much  for  the  honour  of  the  chair  as  any^  maa^ 
yottwould  not  have  q|uiUed  the  right  of  Ihe 
chair  P  <. 

Sir  R.  Clayton.  I  did  toot ;  there  was  a  trial 
of  me  in  that  case. 

Mr.  WilUams.  Now,  Sir,  for  adjounungthe 
poH  :  Did  yon  know  anfy  such  questioB,  whe- 
ther a  poll  was  to  be  adjourned  lipon  the  ele^ 
tion  of  any  sherifis  ? 

Sir  K. ,  Clayton.  There  hath  been  a  graft 
noise  about  adjournments  of  late.  That  pa^ 
was  the  most  litigioosof  jany  that  I  know  we 
have  had  before  or  since ;  that  was  adjonnied 
forsereral  days. 

Mr.  William.  Who  adjourned  that  noM  P    t 

Sir  R.  ClauUm.  The  sherifis  did  adjooni  il^ 
Ithink,  ^tliemen  ;  I  do  think  the  ahoifisdii 
adjourn  it,  I  was  not  present. 

Au.  Gen.  Sir  Robert,  don't  serve  the oonvt 
thus. 

Mr.  WilliaMis.  Don't  brow-beat  our  wit- 
nesses, gentlemen ;  I  know,  Mr.  Attome|e, 
yon  are  an  ezamjile  of  fiur  practice  :  We.  am 
examining  our  witnesses.  .^ 

Sir  JR.  Clayton.  Pray,  my  hnrd,  let  me  ex- 
plain myaelf ;  1  shall,  let  Mr,  Attorney  Gcoeral 
understand  me.  I  did  never  appear  at-Gutkb- 
haU,  ^mless  upon  the  a^eOUht  of  a  court  of  al- 
dermen ;'  I  did  never  appear  at  Guild-haD,  hot 
the  firtt  day  we  had"  comnikitidns .  here  in  this 
court  about  the. adjournment,  and  uponitfae 
hustings  about  going  about  the  business- we  i&)^ 
tended,  and  the  hall  was  very  intent  upon  jdia 
poll ;  I  twice  attempted  to  golHit,  andoonM 
not  get  out.;  wheieupoi^  we  were  lainto'aep 
quaint  the  hall,  as  weir  as.  we  CQuld  ibi^dio 
noise,  of  the  businesa  we  w^re  torgu  about, -and 
they  let  me.  go.  I  left  behind  the  sherifik  and 
the  coiimion  Serjeant  j.  how  long  they  staid,  I 
cannot teli ;  I  can  upon  my.  own  .knovrled^ 
give  no,  account  of  ihoBK  -  I^wacrnpt  consulted, 
to.the  .best  of  pj  knowledge,.  afVerwards,  nqr 
didgivil  any  particular  dis<>Qtioi|s  for  adjoqrtf- 
meut._  I^dijd /\qt4jt>:it  fwthif  ifafon  iil  didl 


nv  lacd  mayor,  according  to  the  best  of  our 
ja^;ment,  we  think  auch  a  man  hath  tlie  most 
vaices,'lfaal  does  not  give  him  a  right  for  him  to 
make  an  officer^  notat  all. 

Sir  IV.  Winn,  I  say  what  he  said  in  his  evi<* 
deace;  but  one  of  the  attorneys  swt;^,  that 
thay  have  all  equal  power ;  I  wonder  then  who 
ihotiKI  make  an  endf  of  the  business.  My  loru, 
we  will  call  to  your  lordship  ancient  citizens, 
that  bare  been  *  frequent  at  elections,  to  give 
you  an  account  that  the  sherifis  always  )uul 
the  management ;  that  mv  lord  mayor  never 
eoocemed  himself,  till  he  bad  notice  it  was  de- 
tmntn^,;  audif  that  be  so,  and  the  practice 
faaih  been  sOy  then  I  don't  see,  under  favour, 
my  lord,  how  they  will  make  tbis  a  riot ;  that 
is  the  case. 

Mr-  Tkpmptan.  Sir  Robert  Clayton,  will  you 
please  to  fell  my  lord  and  the  juirin  what 
manner  the  dection  of  sherifis  hath  been,  and 
how  the  mavors  have  usually  left  it  to  the 
sheri^  in  tnat  case  ? 

SSr  Rob.  Clayton.*  My  lord,  I  have  never 

heard  this  matter  hath  been  in  question  till  of 

Jlat^;  so  I  cannot  declare   pouch  on  my  own 

knowledge,  bow  the  truth  of  ikct  is  or  shoidd 

be ;    I  can  only  say  this,  what  the  practice 

-hath  been.    When  I  came  to  the  chair,  I  did 

^deavour  to  know  my  duty,  and  to  do  it.  The 

first  time  1  had  occasion  to  take  notice  of  this 

matter  waa  in  the  year  of  my  mayoralty  ;   1 

didthen^  according  to  custom,  summon  a  com- 

oHm-hall ;  when  I  had  summoned  it,  there 

wa^  a  person  presented  to  the  hall  I  had  drank 

to;  me  hall  did  refuse  him,  and  there  was  a 

^;reat  iioise.and  hubbub  upon  it,  and  we  found 

a  way  to  accoounodate  that  matter,  and  lefl 

diem  to  chuae  two  sherifis  for  themselves.    I 

retired  into  this  court  together  with  my  bre- 

threpi,  and  Mr.  Recorder  that  was  then  :  We 

went  iW  the  sherifis  up  to  examine  the  matter ; 

they  told  os,  that  they  could .  not  agree  .the 

thinjgf,  thore  were  lour  persons  in  nomination, 

hot  they  had  granted  a  poll.    After  this  we 

,went  do%vn  into  the  hall ;  of  that  Mr.  Common 

Serjeant  hath  given  some  account,  and  Mr. 

Seqeant  Jefieries ;  I  shall  to  the  beet  of  my 

memory  give  the  best  account  1  can  of  it :  1 

abatt  only  tell  vou  what  I  did  understand  to  be 

my  duty  s  1  <u>  not  detennine  what  the  prac- 

tioe  was,  hot  what  I  understood  to  be  my  duty. 

When  we  came  down  into  tii^  oommonhall,  to 

dedare  how  the  matter  stood,  and  that  a  poU 

was  agreed  upon  and  granted,  we  would  have 

adjourned  the  court  to.  a  longer  time ;  but  the 

people  cried  out,  to  ffo  ^o  the  poll  presently.    I 

was,  as  you  have  been  told  by  Mr.  Common 

Seijeant,  to  go  to  the  trial  of  one  Giles,  upon 

:tbe  assaasiu^qn  of  Arnold,  to  the  Old  Bfuley.f 

Idid  twice  or   thrice  attempt   to  get  down 

.    *  He  had  been  member  in  parliament  for  the 
.c|ty.4if  London,  and  in  tb^  last  parliament  of 

Cliarles  the  2nd,  mored  for  the  bdl  to  exclude 
•  all  popish  tniccessore,  and  in  particular  James, 

duke  of  York,  Se^  4  Cobb.  Pari.  Hist  1317. 
f  See  VOL  7,  p,  X.130  of  this  Colksction. 


Sfi]     STXn  TRIAL,  iSikARLB^  H.  i683^fHtf/  ofThmMi  tHOdngt^n     ^V^' 


iMtlwik  upon  it  to  ttein  mj  power :  If  I  had 
•Mh  a  power,  I  did  not  understand  it. 

Mr.  WiUiamt.  Sir  Robert,  bow  many  days 
do  you  think  that  poU  continued  ? 

Sir  R.  Clayton.  About  six  days. 

Mr.  WiUiams.  Of  thoee  six,  how  many  days 
werfe  yon  present  ?   . 

Sir  R.  Clayton*  I  did  not  understand  it  to  be 
B^dttty,  and  80  did  not  look  after  it. 

Mr.  Thompum,  Sir  R.  Clayton,  I  desire  to 
ask  you  a  question,  as  to  this  matter  yon  have 
giren  in  evidence  ;  Do  you  gire  it  to  the  best 
of  your  remembrance,  or  positively?       ^ 

•  m  A.  Clayton,  I  tpU  you,  I  speak  to  tlie 
best  of  my  remembrance  every  tning  that  I 
•ay. 

Att,  Gen,  Sir  R.  Clayton,  I  beg  your  fa- 
vour, to  the  best  of  your  remembrance  is  no 
evidence,  it  is  so  lately ;  if  you  please,  sir  Ro- 
bert, you  are  to  give  evidence  of  a  thing  about 
three  years  ago.  I  ask  you,  upon  your  oath, 
«rho  were  your  Aerifls  P 
4 .  Sir  K.  CUttfton^  Sir  Jonathan  Raymond,  and 
air  fliniOD  Levns. 

.Att,  O^  I  w«uM  ask  y«u  then  a  plain 
question,  sir  Robert,  because  you  come  in  with 
yimr  remembrance:  Did  you  give  express  di- 
rection to  the  common  Serjeant  or  the  sheriflTs 
to  adjourn,  upon  your  oath  ? 

Sir  R,  Clayton,  I  musk,  Mr.  Attorney  Ge- 
neral, by  yom  fcvour,take  in  my  remembrance. 

■  Att,  Gen.  Then  yon  are  no  evidence.  Sir 
ilobert,  did  you  give  directions  or  not,  upon 
ysvr  ««th? 

Ske  R,  Clayton,  I  canHsay  it  wasffiven. 

Att.  Gen.  Didyou,ordidyounotr 

^SirA.  Clayton.  My  lord,  I  hope  I  have 
apoke  English  in  the  case:  We  did  discourse  of 
the  adionmment  in  diis  court,  1  believe  it  was 
4iieoiR«ed  below ;  but,  as  I  said,  1  was  engaged 
to  go  to  the  Old  Bailey,  and  I  would  leave  mat 
jnatter  to-tbe  sherilb^  whose  proper  bosiness  I 
understood  it  to  be. 

•  Att.  Gen.  I  ask^  ymi,  cir  Robert,  one  of 
jdie  pteiHest  qoestkma  that  ever  was  asked ;  I 
«Bk  you,  whether  you  g«ve  the  sheriflb  or  the 
oommon  serjeant  express  order  to  a^jonm. 

Sh*  ft.  Cityum.  I  Mieve  I  did  not. 

AH.  Gen.  Di4tfae  sherifla  tell  you  they  had 

•  ngitt  then. 

Btt  R.  Clmiton.  There  wasno  dispiite  who 
had  the  right. 

Serj.  Ji^.  Sir  Robert,  (f  you  please,  I  would 
tak,  youa  fuestbn  or  two.  Do  you  remember 
tfaatthe  court  was  adjouhied  while  you  were 
there  or  not  ?  Do  you  utaderstand  the  question, 
m^ft^ibertf  Do  you  remember  the  coAimon 
Ml^aa  adioumed  while  you  ware  there  P 

1^  A.  Cbnfttfn,  Yes,  Sir,  if  you  give  me 
iMvetoekphm  myaelf,!  tferiok  die  oommon 
Iwil  was  aqioanwd;it  was  deekred ;  but  there 
iwiBMchanoise  in  the  ball,  that  the  peo^ 
«on1d  not  hearit. 

Serj.Je/.  Birtihert  IVM  a  tort  (HTdeelBY- 

'%imi  madeby  younMdf,  Yo«  diii.maka  an  ad- 

jmirmDeat;  but  the  nottowasaui^h,  tfaAt  the 

paopfe  did  Mt  ktors  Aod  if  you  remember. 


there  was  a  person  affronted  oneiif  the  sheriflli^ 
and  I  committed  him  to  custody  upon  it. 

Sir  A.  Clayton,  We  (desired  toadjoom  for 
an  hour  or  two,  that  we  might  go  and  refreab 
ourselves. 

Ser|.  Jfif,  Then  yon  remember  there  was 
an  adjournment .  I  ask  you  whether  it  was  ap« 
pointed  to  be  made  bv  you  or  the  sheriffs  P 

Sir  JR.  Clayton.  Truly  I  believe  it  was  ap- 
pointed by  me. 

Serj.  Jeff.  Sir  Robert,  by  asking  a  questioii' 
or  two,  sir  Robert,  I  know  I  shall  bring  some 
tbin^  to  your  remembranoe» 

Sir  ft.  Clayton,  My  lord,  I  don't  kndw  I 
have  given  any.  mat  occasion  of  laughter  te 
my  brethren  ;  these  adjourpmeats  have  been 
very  common  with  us,  and  I  might  agree  to  it« 
or  order  it,  or  direct  it :  but  one  of  them  I  be- 
lieve I  did,  or  two  of  them. 

Serj.  Jeff,  Sir  Robert,  I  would  only  have  % 
question  or  two  asked,  and  I  knowny  aslnig' 
a  question  or  two,  1  shall  bring  ikings  to  your 
memory,  which  1  am  sure  you  cannot  easily 
forget.  Were  there  directions  given  for  pr<»- 
ckmation  to  be  made  ibr  all  parties  to  depart  in 
the  king's  name? 

Sir  ft.  Clayton.  I  believe  there  might 

Seij.  Jeff,  The  next  question  is,  whether 
the  sberiifs  ordered  that  proclamation  to  be 
made  ffir  all  parties  to  depart  ? 

Shr  ft.  Clayton,  If  it  were  done  while  I  was 
present,  I  make  no  doubt  in  the  case  but  1  did 
direct  it^I  make  no  question  of  that. 

Serj.Jf/f:  Very  well:  Now rir  Robert  Clav- 
ton,  we  are  got  to  an  adjournment  to  a  time  by 
your  direction,  and  proclamation  by  your  di- 
rection. Now  I  will  ask  another  question, 
upon  your  oath  :  Was  not  you  in  the  commoh 
hall,  and  ffaye  order  for  an  adjournment  till 
Monday  toliowitig  ;  for  I  remember  that  day 
to  be  Saturday. 

Sir  ft.  Clayton,  Truly  I  don't  remember 
that. 

Seij.  Jeff.  You  do  not !  Sir  Robert,  you 
know  very  well  that  the  sheriffs  of  LMNton, 
when  the  lord  mayor  and  aldermen  come  back 
to  the  hustings,  the  sheriffs  sit  remote,  one  on 
the  right  hand,  and  the  other  on  the  left,  fur- 
thest from  the  lord  mayor ;  so  that  all  the  al- 
dermen sit  nearer  to  the  lord  mayor  than  the 
sheriffs  do :  Did  you  mind  that  the  sheriffa 
came  to  you  to  speak  to  you  any  thing  of  an 
a4ioumment? 

Sir  R*  Clayton,  I  never  saw  it. 

Mri  Jonet,  I  would  ask  you  a  question  or  two : 
Yon  know  this  gentlenum,  don^tyou?  [Point- 
ing to  the  common  serjeant] 

Sir  ft.  Clayton,  Yee. 

Mr.  Jones.  Did  he  attend  the  court  at  that 
time  ?— Sir  ft.  Clytm,  Yes. 

Mr.  Jonet.  Sir  Robert,'!  ask  yuu* a'nur  qnea- 
tion,  did  yon  lay  any  command  on  him  to  ad- 
journ the  hall  at  that  time,  from  Saturday  till 
Monday. 

Sir  ft.  Clayton,  Pray,  my  lord,  give  me 
leave  to  answer  Mn  Jones  in  my  own  vray. 

Wi.hna.  Myloid,  laminyoarjudgoient^ 

t 


273}        STATE  TRIALS,  35  Charlbs  II.  iSBS.-^ani  ^kiri,^  a  Rioi.       [tr% 


it  if  a  &ir  qooilioii  wiUim  his  own  recognizance 
lile^  done,  he  ought  to  antwer  powtifely ,  Yes 

Sr  it.  Clayton,  Am  BOi  I  npon  my  oath ; 
MB  Y^m  lel|  me  what  I  can  say  ? 

A.  JoMK.  Ay  or  no.  Any  honest  man 
vBoIdde  it: 

fir  JK  Winn.  All  witnesses  answer  their 
o«B  way,  don't  they  ? 

Mr.  Jones,  Let  him  answer  then  his  own  way. 

Att.  Gen.  My  lord,  yon  knew  there  is  a 
role  in  chancery,  if  it  be  a  matter  within  seyen 
jetn,  if  it  be  net  answered  poeitiyely,  it  b  no 
answer  ;  If  one  asks  a  witness  a.queBtioa  that 
hes  within  a  little  while,  if  be  wilt  not  answer 
affirmatirely,  or  negatiTely,  he  is  no 


L,C.  J,  I  can't  tdl,  Mr.  Attorney. 
Mr.  Janes.  Will  you  answer  or  no,  sir  Ro- 
bot, whether  you  commanded  the  common 
lene&Dt  to  fto  and  adjourn  the  hall  or  no? 
Sir  R.  Ctenfton,  Idon*t  remember  that  I  did. 
Hr.  JbsMS.  Then  I  oolv  ask  you  this  further 
question,  whether  Mr.  (Common  Seijeant  did 
ast  tell  you,  that  it  was  not  his  proper  bukmess 
to  do  it,  and  that  unless  you  would  lay  express 
femmands  opon  him,  and  put  the  very  words 
in  hb  mouthy  he  did  desire  to  be  excused,  and 
did  he  not  stand  there  ?    [PDinting  to  the  bar.] 
Sir  IL  Clarion.  I  have  heard,  Sir,  what  Mr. 
Cemmon  Segeant  did  say,  and  I  cannot  chai]ge 
my  memory  with  it ;  but  I  have  that  charity 
fikr  Mr.  Common  Serjeant,  to  believe  there 
vhriit  be  ^scourse  to  that  purpose. 

Sir  jPr.  Wiim.   Mr.  Love,  in  all  your  expe* 
fienee,  what  do  you  remember  ? 

Mr.  WUliamM,  How  long  have  you  known 
Geildhall  and  elections  ? 
Mr.  Lave.  I  sappose,  mv  lord^  these  gentle- 
do  not  expect  I  should  say  any  thing  that 
done  that  day ;  but,  my  lord,  all  that  I 
Me  you  expect  from  me  is^  what  I  did  ob- 
to  lie  the  practice  of  the  citj ;  to  the  best 
of  my  remembrance,  I  shall  give  you  an  ao* 
caont.  My  lord,  about  93  yeai-s  ago,  I  did  ob- 
serve the  practice  to  be  this  ;  when  I  was  called 
nto  this  cwice  of  sheriff,  I  took  it  as  a  thing  for 
granted,  that  it  was  the  sherifTs  office  to  roa- 
Bsge  the  common  hall,  that  1  did,  as  my  lord 
Mayor's  was  to  have  a  sword  borne  before  him ; 
I  have  xeeeived  it  by  tradition  from  all  before 
me,  and  my  own  experience.  My  lord,  I  re- 
aanher  when  we  came  to  chuse  sheriffs  upon 
Ifidsmnmcr  day,  after  the  lord  mayor  and  al- 
dermen had  been  there,  my  lord  mayor  said  to 
me  and  my  brother  slierifr.  Gentlemen,  look 
to  yoor  oflSoe.  We  accordingly  went  to  it,  and 
chose  two  shniffs,  one  gentleman  that  had  been 
'  to  by  my  lord  mayor,  1  think  it  was  Al- 

but    notwithstanding    that 


drinking  to  him,  we  took  no  notice  of  that  as  a 
eeremony,  he  was  put  in  nomination  among 
odbcn,  and  being  aseniw  sitting  alderman,  we 
relumed  him  ;  otherwise,  my  lord,  I  assure 
yon  I  wooM  not  have  returned  him,  notwith- 
•*TiMfing  the  drinking.  AAer  once  that  the 
kad  mayor  and  aUsrmen  withdrew  to  go  to 

VOL,  IX. 


^  'Counoil-chamber,  they  said  to  us,  now 
gentlemen,  look  to  your  office. 

Thtmptom,    What wasyoor office ? 

Loroe.  To  chuse  sherifis. 

Mr.  Thompton,  Did  my  lord  mayor  meddle 
with  the  election,  or  left  it  to  the  sheriffs .' 

Love.   Left  it  to  the  sheriffs. 

Mr.  WUiiuihs.  What  was  vonr  opinion,  Sir« 
was  it  in  the  lord  mayor  to  take  the  poll,  or  the 
sheriffs? 

Xoee.  Truly,  Sir,  I  am  not  a  competent 
judge  of  whose  right  it  was  ;  but  if  my  loni 
mayor  had  gone  awut  to  meddle  in  it,  I  should 
have  prayed  ray  lord  mayor  to  /meddle  iu  his 
own  office,  and  let  me  alone  with  mine. 

Att.  Gen.  Yes,  Mr.  Love,  }'ou  were  then 
the  tribunes  of  the  people. 

Sir  JPr.  Winn.  liere  are  some  say  the  com- 
mon Serjeant  and  the  oommou  cryer  have  a 
power,  nay,  the  whole  power  of  ordering  the 
nail  during  the  election.  Wliat  is  the  office  of 
the  common  Serjeant  there  ? 

Love.  Truly )  Sir,  I  look  upon  the  common 
Serjeant  and  the  common  cryer  as  persons  left 
to  assist  us,  because  they  could  not  put  tis  to 
the  trouble  of  crying  O  yes  ourselves  ;  and  if 
any  common  seijeant  or  common  cryer  had 
durst  to  put  a  question  without  my  direction,  I 
would  have  known  whether  be  could  or  no. 

Sir  Fr.  Winn.  Mr.  Love,  was  it  ever  dis- 
coursed to  you  when  you  was  sheriff,  or  before, 
or  nnce,  that  ever  my  lord  mayor  did  interpose 
before  the  election  was  over  ? 

Lave,  Since  I  was  dischaiged  of  being  a 
magistrate,  1  never  was  at  a  common  faaH 
since.  I  have  spent  my  money  for  the  city's 
service,  but  never  got  a  penny  by  them ;  I 
never  heard,  that  ever  the  lord  mayor,  till  these 
late  times,  interposed,  but  that  the  sheriffs  ma* 
naged  the  whole  business  of  chusing  sheriffs. 

Att.  Gen.  Mr.  Love,  I  desire  to  have  a 
word  with  you ;  you  speak  of  the  time  of  your 
reign  ;  I  would  ask  you  a  plain  question,  Was 
it  Mtbre  the  king  came  in  ? 

Love.    It  was  that  year  the  king  came  in. 
'    Att.  Gen.   Was  you  chosen  beiure  P 

Lave.    Yes,  I  was. 

Ait.  Gen.  Do  you  remember  an  act  of  par- 
liament in  1648,  then  in  force,  of  shutting  out 
my  lord  mayor  P 

Serj.  Je0ries.  I  would  ask  him  a  question 
or  two.  Hark  you,  Mr.  Love,  Let  me  ask  you 
a  question  or  two. 

Love.  Sir  George,  I  would  give  Mr.  Attor- 
ney an  ansi^er. 

L.  C.  J.  What  would  you  make  of  it?  If 
you  ask  liim  of  an  act  of  parliament,  it  is  some- 
thing. 

Att.  Gen.  You  speak  of  a  time  when  my 
lord  mayor  had  no  more  to  do  with  it  than  1 
had.  There  vras  an  ordinance  of  parliament, 
did  you  never  see  that? 

Love.  To  the  best  of  my  remembrance  I 
never  saw  it  in  my  life. 

Att.  Gen.   Nor  heard  of  such  a  thing? 

Seij.  Jeferies.  Hark  you,  Mr.  Love,  I  per- 
ceive you  would  have  disputed  with  my  lord 

T 


mayor ;  who  was  the  lord  mayor  that  you  talk 
of?— Lcive.  Sir  Thomas  Alien. 

Seij.  Jeff.  Now  1  would  desire  to  know 
whether  you  remember  the  city  before  the  king 
came  in  ?— Irf>w.  For  a  little  while. 

Serj.  Jeff.  Do  you  remember  any  thing  of 
that  custom  of  the  lord  mayor's  drinking*  to 
sheriifs;  was  net  that  used  before  the  lang 
came  in  ?-^Lovc.    A  long  time. 

Serj.  Jeff.    It  is  well  enough  ;   a  long  time. 

Mr.  WiUianu,  My  lord,  we  have  seven 
or  eight  more  to  the  same  puq>ose,  but  we  are 
satisfied  with  these  gentlemen :  We  will  prove, 
if  there  was  any  thing  like  a  riot,  we  will  prpve 
my  lord  mayor,  and  those  that  were  with  him, 
were  the  authors  of  it. 

i.  C.  J.  When  multitudes  of  people  are 
gathered  tc^ether  upon  a  lawful  occasion,  sup- 
posing that  they  had  a  right  to  be  there,  I  do 
say,  £at  in  that  case  it  would  be  much  a  miti- 
gation of  the  ^r,  so  for  this  same  riot ;  but  on 
the  other  side  you  must  know,  that  these  men 
that  do  it,  it  dotli  not  excuse  them,  for  ignarantia 
jurit  is  not  an  excuse.  It  is  true,  if  they  had 
bad  a  lawful  occasion  to  continue  to  do  it,  but 
in  truth  they  had  not,  that  will  excuse  them 
iL  ^an^o,- but  non  a  toto. 

Mr.  Hott.  My  lord,  I  beg  to  put  in  this  case ; 
there  is  a  great  deal  of  difference  where  a  per- 
son does  chim  a  right  to  himself,  and  does  an 
extravagant  action.  Now,  my  lord,  these  per- 
sons did  cUum  a  right  to  themselves  to  contmne 
the  common  hall,  and  that  it  was  not  in  my  lord 
mayor's  power  to  adjourn  it  witliout  them: 
Now,  my  lord,  they  dainied  this  ri^t,  if  they 
used  no  violence,  that  is  excusable.  If  I  should 
daim  a  right  to  another  man's  estate,  though  I 
have  no  ttUe,  and  say  I  have  a  right,  and  give  it 
out  in  speeches,  no  action  lies  against  me ;  but 
if  I  do  an  extravagant  action,  and  say  another 
man  hath  a  title,  there  lies  an  action  against  me. 

L.  C.  J.    Now  eo  to  your  fact. 

^r  Fr.  Winn.  My  lord,  put  a  point  to  ns, 
and  wc  need  not  call  more  witnesses. 

L.  C.  J.  I  don't  speak  to  hinder  you  from 
calling  your  witnesses. 

Sir  Fr.  Winn.-  I  put  this  case,  we  undertake 
to  prove,  that  it  was  always  looked  upon,  that 
it  was  the  right  of  the  sheriffs  :  suppose,  my 
lord,  upon  the  dispute  it  should  be  round,  that 
the  opinion  of  the  jury  should  be  otherwise ; 
will  tois  turn  to  an  illegal  act  P 

L.  C.  J.  C'ull  vour  witoesses. 

Mr.  Wallop.  L  beseech  your  lordship  I  may 
put  one  cose  m  this  point ;  in  a  point  of  right, 
if  they  have  a  probable  cause  to  msist  upon  it. 
Suppose  I  send  forty  men  to  a  wood,  and  take 
a  car  or  a  team,  if  tney  be  a  competent  number 
to  cut  down  wood,  if  we  are  mistaken  in  the 
title,  that  is  no  riot.    Lambert  puts  the  case. 

X.  C  J.  But  what  if  i  had  sent  a  great  many 
men  to  cut  down  the  whole  wood  i* 

Mr.  Williams.  We  will  oaU  some  witnesses 
that  will  take  us  off  from  the  riot  thus,  if  so 
be  We  can  excuse  ourselves  of  the  disorder,  and 
put  it  upon  my  lord  mayor,  then  wc  are  in- 
neoeot. 


Sss^Trial  of  TkmM  PilkbigUm     [5276 

L.  C.  J,  Very  well,  if  you  do  that 

Mr.  ■  Mr.  SiUey,  are  you  aoauaipteit 

with  the  manner  of  the  election  of  slierifis  T 
How  long  have  you  known  it  ? 

SibUy.  I  have  been  of  the  livery  ever  suic0 
1639  ;  in  all  my  tirne^  I  speak,  geotlemen,  to 
the  b^  of  my  remembrance,  it  mith  been  th« 
custom  in  all  my  time,  except  here  of  late,  tbac 
the  sheriffs  of  London  have  had  the  manage- 
ment of  the  eksction. 

Mr. .  Did  my  lord  mavor  ever  inter- 
pose till  the  election  was  over  r 

Sihley.  I  never  knew  my  lord  mayor  inter* 
posetilllately. 

Sir  Fr.  Winn.  Did  you  ever  hear  my  lord 
mayor  pretend  to  it  till  of  late  P 

Sibl&u.  No,  my  lord. 

Sir  Fr.  Winn.'  Did  tlie  mayor  use  to  be  pre- 
sent at  any  election  during  the  election  f 

Sibley.  I  have  been  most  commonly  there. 

Sir  Fr.  Winn.  But  the  mayor ;  would  the 
mayor  be  there  ? 

Sibley.  The  mayor  and  aklermen  went  bflT 
the  bench. 

Sir  Fr.  Winn.  Who  managed  the  electioOB  P 

Sibley.  The  sheriffs. 

Sir  Fr.  Winn.  Were  the  common  seijeafll 
and  the  common  cryer  thei'e  ? 

Sibley.  The  common  seijeant  and  the  com- 
mon ciyer  are  always  there. 

L.  C.J.  1  pray  thus ;  you  have  known  the 
city,  it  seems,  a  great  while.  I  would  ask  yon 
this :  pray  who  did  call  the  assembly  that  was 
to  chuse  the  sherifis,  did  the  shenffs,  i/t  the 
lord  mayor? 

Sibley.  We  commonly  received  the  tickets 
by  the  officers  of  the  s^mpanies.  • 

L.  C.  J.  Did  the  officers  of  the  companies 
summon  the  assembly  ?  Hark  vou,  pray.  Sir, 
recollect  yourself;  do  you  take  it,  that  the 
offioers,  the  beadles  it  inay  be,  of  the  spv«ral 
companies,  did  they  summon  the  livery-roen, 
and  so  a  common  hall  was  called  together ; 
was  it  80  in  your  time  ? 

Sibley.  It  hath  been  commonly  so ;  we 
have  received  tickets  from  the  beadle  of  the 
company. 

L.  C.  J.  And  my  lord  mayor  had  nothing  to 
do  with  it  then  P 

Sibley.  What  order  the  masters  and  wardens 
had  from  my  lord  mayor,  I  never  ini|ohel 
into  that. 

X.  C.  J.  When  the  hall  was  dissolved,  who 
ordered  proclamation  to  be  made,  the  sherifls 
or  the  lord  mayor  P 

Sibley.  My  lord  ma3ror  hath  not  used  to  be 
there. 

Mr.  Thomptoti.  When  they  had  done,  they 
went  BM  av.    He  won't  trouiHe  your  lordship.  > 

L.  C.  J.  Pray,  had  ray  lord  any  hand  in 
summoning  ;  did  he  direet  the  summoning  tf 
them  ^-'Siblev.  It  i&  more  than  I  know. 

L.  C.  J.  You  brii^  a  witness  that  knows 
nothing  of  the  matter. 

Serj.  Jefferies.  Mr.  Deputy  Sibley.  Give 
me  leave  to  ask  Mr.  Sibley  a  qnestion  or  two  t 
I  shall  set  him  to-rights  presently.  Mr.SiUeyi 


9T7)       STATB  TRIALS,  35  Charles  II.  l683.--MNf  ^iheriifm- «  At#f.       [270 


iff  be  Bot  mntaken,  iron  are  one  of  the  com- 
paojr  of  tBAow-cliaiidlen,  and  you  have  been 
■nster  of  the  company,  and  yoa  hare  been 
warden  of  the  ooynpany.  Yon  ?ery  well  know 
what  directions  are  given  to  the  beadle  are  j|^e- 
nendly  hj  the  master  or  wardens :  pray,  upon 
yoDT  ooth,  when  you  were  master  or  wanlen, 
was  there  erer  auv  precept  sent  to  you  to 
snmmoD  a  common  nail  ? 

Sibley.  Indeed  I  don't  remember  that,  Sin 

Mr.  Thompson.  If  your  lordship  nlease,  we 
hare  done  with  our  evidence ;  I  woulu  beg  your 
lonMup's  opinion  in  it. 

%  Pr.  Winn.  We  do  admit  my  lord  mayor 
flomnionsthe  court. 

X.  C.  J.  But  you  bring  a  witness  that  fpiiows 
nothing  in  the  world  of  it,  but  yet  you  would 
have  it  taken  for  gospel,  that  the  sherifTs  had 
aO  the  management  before  that  time  forty 
years  together,  till  now  very  lately.  But 
when  he  comes  to  be  asked,  now  is  this  as  • 
aembly  or  common  hall  called  together,  alas ! 
he  knows  no  more  of  that  than  one  in  Utopia. 

Mr.  Thompton.  My  lord,  we  have  several 
other  witnesses,  but  we  will  call  no  more. 

AttJ  Gen.  If  you  have  no  more,  we  will  call 
two  or  three  more. 

BIr.  T%ompton.  We  have  some  to  prove,  that 
my  lord  Grey  came  to  speak  with  sir  William 
Goktoti,  and  went  away  again  ;  and  we  desire 
to  call  sir  Thomas  Armstrong. 

Sir  ¥r,  Winn.  My  lord,  if  }'Our  lordship 
pleases,  thus,  there  will  be  it  seems  some  par- 
ticular defences  made.  Your  lordship  hath 
heard  their  evidence,  and  what  we  have  said  ; 
we  desire  to  call  two  or  three  witnesses  to  ano- 
dier  bead.  Your  lordship  hath  heard  there 
was  some  rudeness  by  some  of  the  people,  but 
who  they  were  it  doth  not  appear.  We  will 
can  two  or  three  witnesses  of  tne  behaviour  of 
those  men  and  company  that  came  with  my 
hiffd mayor;  that wnatsoever  disturbance  was 
made,  they  were  the  chief  men  that  made  the 
disturbance,  and  my  lord  mayor  could  not 
help  it,  nor  we  neither. 

jL  C.  J.  Sir  Francis,  I  believe  those  men 
Aat  would  not  have  God  save  the  king,  my 
kud  mayor  could  not  hinder  them ;  but  will 
you  undertake  to  prove,  that  those  that  came 
with  niy  lord  mayor,  that  they  were  the  men  ? 

Sir  fr.  Winn.  They  were  with  them,  my 
kxrd. 

Seij.  Jej^.  They  were  with  them  that  cried, 
'  God  bless  the  Protestant  sheriffs.' 

Slley.  My  lord,  I  desire  to  explain  myself 
to  what  I  said  ;  it  is  several  years  ago  since  I 
was  master  of  the  company  ;  I  &>  not  re- 
member, but  I  belieye  the  summons  was  di- 
rected from  my  lord  mayor. 

Mr.  Freak.  Mr.  Winstanley,  what  account 
ciDyou  give  to  my  lord  and  the  jury  ? 

wuulanley.  I  have  lived  near  the  hall,  ai^d 
I  often  came  in,  but  I  was  not  a  liveryman 
upoD  that  poll  that  was  between  Mr.  Kifien  and 
sir  Robert  Clayton ;  the  sheriffii  managed  it. 

Mr.  Freak.  Who  managed  it? 

Wintt.  Tb«alieri&. 


I^Ir.  Freak.  Who  decfaund  ? 

Winst.  Thesheriifii.  ^  • 

Mr.  Freak.  Did  the  mayor  come  down  to 
declare  the  election  P 

Winit.  The  mayor  came  down  after  the' 
poll,  but  tha  sheriils  took  the  poll. 

Mr.  Freak.  Who  was  then  mayor  ? 

Winit.  Sir  James  Edwards  was  sheriff,  and 
sir  John  Smith. 

Mr.  Freak.  Who  was  mayor  ? 

Serj.  Jeff.  It  was  sir  Samuel  Starling. 

Mr.  Freak.  Who  put  the  Question  upon  tha 
hustings?— m'i«^  I  can't  tell. 

Mr.  Freak.  What  did  you  hear  the  sherifis 
say,  or  see  them  do  ? 

Winst.  The  sheriffs  presently  ffranted  a  poH, 
and  parted  one  to  one  door,  and  the  other  to 
the  other. 

Mr.  Freak.  And  who  took  the  poll  ? 

Winst.  The  sheriffs  took  it. 

Mr.  Freak.  Who  declared  the  election  ? 

Winst.  The  sheriffs. 

Mr.  Freak.  Who  were  sheriffs  tlien  ? 

Winst.  Sir  James  Edwards,  and  sir  John 
Smith. 

Serj.  Jeffl  I  would  ask  you  this  question  : 
do. you  take  it  upon  your  oath,  that  the  sherifls 
declared  the  election  ? 

Winst..  I  decUare  upon  my  oath,  that  the 
sheriffs  took  the  poll. 

Serj.  Jeff,  You  may  guess  pretty  well  what 
I  mean  by  this.  First  of  all,  I  ask  you,  did 
the  sheriffs  put  the  question  ? 

Winst.  The  sherifis  took  the  poll.  Sir. 

Serj.  Jeff.  Nay,  answer  my  question :  did 
the  sharins  put  tlie  question,  or  did  any  body 
else? 

Winst.  Truly,  Sir,  I  have  forgot ;  you  were 
there. 

Serj.  Jeff.  I  know  I  was.  Sir:  I  know  ver^ 
well :  I  ask  you  upon  your  oath,  who  was  it 
that  decUred  the  election  afterwards,  upon 
your  oath  ? 

Winst.  Truly,  sir  George,  I  do  not  re* 
member.  * 

Serj.  Je^  Mr.  Winstanley,  one  went  out  at 
one  door,  you  say  ;  and  the  other  went  out  at 
the  other,  you  say;  now  X  say;  who  took 
notice,  and  told  the  names  of  those  that  went 
out  at  one  door  and  the  other  ? 

Winst.  The  two  sheriils. 

Serj.  Jeff.  Who  else? --Winst.  I  cannot  tell. 

Seij.  Jeff".  Do  you  remember  me  there  at 
the  great  door,  when  tliey  polled  and  went  out  ? 
Do  you  remember  who  told  them  ? 

Winst.  No,  truly. 

Serj.  Jeff.  Pray,  do  you  remember  when 
one  Mr.  Broome,  a  wax-chandler,  was  chosen 
Ale-conner  ? 

Winst.  I  was  in  the  hall ;  but  I  do  not 
charge  my  memory  with  it.  . 

Sol.  Gen.  Whoisitgrants  the  poll  when  it' 
is  demanded  ? 

Winst.  I  do  remember  very  well,  sir  Geoiga^ 
Jefferies  was  in  the  hall ;  they  demanded  a 
poll,  and  so  went  out. 

Sol.  Gen.   Who  grantedit^       ' 


3T9]  STATfi  TRIALS,  ds  CBarles  tl.  i6S3.—THal  e/7%ma$  PtOiingion    [^%i^ 


Winst,  Thet\«09lierifl^. 

Seiji.  Jeff.  I  will  put  you  a  case  nearer  home, 
Mr.  Winstantey :  You  remember  wben  sir 
Thomas  Player  was  chosen  chamberlain,  when 
"the  question  was  put  who  should  be  chamber- 
lain, between  him  and  a  gentleman  1  see  not 
iar  from  me  ;  Who,  do  you  remember,  ma- 
naaed  the  poll  then  ? 

iVinst.  There  was  no  need,  sir  George. 

X.  C.  J.  What  do  you  mean  to  do  with  these 
litte  witnesses  ?  You  call  witnesses  that  know 
A^idmig  6f  the  matter,  or  noAinsp  to  the  pur- 
pose. 

Se^.  Je^  My  lord,  let  me  ask  him  but  one 
<|,tiestton  more :  I  know  he  hath  been  a  very 
|n«at  evidence  in  this  case  ;■  I  remember  when 
tbat  gentleman  was  in  for  bridge-master  ?  Who 
was  the  poll  demanded  of  at  that  time  ? 

Winst.  Truly,  Sir,  I  think  it  was  demanded 
of  the  court. 

Serj.  Jeff,  Of  the  court? 

Wiast,  Usually  upon  other  days,  tny  lord 
mayor,  and  the  court  come  down :  But  upon 
Aliusummer  day  they  ao  up. 

Sen.  Jeff,  But  I  ask  you,  of  whom  the  poll 
was  demanded  at  tbat  time. 

Win$t,  I  donH  remember  it,  I  will  assure 
ypu- 

X.  C.  J.  You  told  us  that  point  would  be 
grantedi  and  you  would  not  stand  upon  it. 

Mr.  Williams.  My  lord,  where  there  are  so 
many  men,  there  may  be  many  minds :  I 
would  have  your  lordship  and  the  jury  hear 
them. 

Mr.  Jones,  The  government  is  conceroed, 
Hr.  Williams. 

Seij.  Jeff  This  is  not  a  matter  of  mirth  I 
Win  assure  you ;  it  reaches  the  government. 

Mr.  Williams.  My  lord  mayor  hath  the 
Dowerof  adjourning  the  hall,  but  not  till  the 
business  is  done. 

Mr.  Thompson.  My  lord,  I  would^ut  you  a 
case  [Here  Mr.  Jones  offered  to  interrupt  him.] 
Sure  Mr.  Jones,  I  ought  to  be  heard.  If  my 
.k>rd  mayor  hath  power  to  call  a  common  hall, 
he  hath  not  to  adjourn  it  before  the  business  is 
4one. 

X.  C,  J,  If  a  writ  comes  to  the  shecifXs  to 
ehuse  parliament- men,  then  thesheriils  hare  it; 
but  this  is  my  lord  mayor's  office,  he  hath 
p<2wer  to  dissolve  and  adioum. 

Mr.  Thompson.  I  speak  to  this  case,  my  lord ; 
1  will  shew  your  lordship  an  instance  where  it 
cannot  be  done.  My  lord  mayor  hath  power 
to  call  here,  and  he  hath  power  to  dissolve,  say 
thev  :  My  lord,  it  cannot  be,  with  submission, 
in  all  cases.  He  hath  power  to  ^1  an  assem- 
bly when  there  is  a  mayor  to  be  chosen  ;  and 
the  citizens  have  a  privilege  to  move  their 
mayor  or  continue  him:  Nowif  itwciein  the 
power.of  the  mayor,  and  there  should  happen 
a  question,  who  they  were?  For,  in  a  grtat 
number' of  electors,  if  it  were  in  his  power  to 
Mi^'um  from  time  to  time,  he  must  continue 
mayor. 

X.  C.  I,  It  is  jtlain  he  may  do  it  for  all  vour 
•bjection.  Yookoow  it  tvas  agreed  by  all  sides 


that  sir  Samu^  Stalling,  the  lord  mayor,  had 
ivell  dissolved  tlie  assembly,  that  is,  in  point 
of  law,  and  they  could  not  say  the  assembly  was 
in  being  ;  yet  afterwards  there  was  an  actioo 
brought  against  him  ;  and  there  they  laid,  how 
that  maHciously,  and  to  the  intent  that  he  who 
was  chosen  into  the  place  of  Brt(tee*master,  to 
which  he  was  duly  elected,  shouldbe  set  spride, 
he  goes  and  dissolves  the  assembly,  and  deniel 
to  grant  him  a  poll,  which  they  ought  to  have 
had ;  yet  for  all  that  the  asBemUy  was  well  dis* 
solved. 

Serj.Je^  Conclude,  gentlemen,  condnde. 

Mr.  Thompson.  That  which  I  have  to  say  is 
a  point  of  law. 

Seij.  Jeff  Sir  Fr.  Winnington,  if  you  design 
to  conclude,  I  tell  you  beforehand,  1  would  not 
interrupt  you ;  x^e  will  call  a  witness  or  two. 

Sir /v.  Winn.  My 'lord,  because  we  would 
make  an  end,  I  will  call  two  of  those  men  that 
came  with  my  lord  mayor,  to  shew  that  if  there 
was  any  I'udeness,  those  very  people  that  came 
^vith  my  lord  mayor,  were  the  cause  of  it. 

Sol.  Gen,  That  they  that  came  with  my  lord 
mayor  caused  them  to  stay  after  my  lord  was 
gone? 

Mr.  Thompson.  Mr.  Jackson,  pray  can  you 
remember,  whether  any  of  the  defendants 
here  were  concerned  in  any  aflh)nt  to  my  lord 
mayor,  or  who  it  was  that  my  lord  mayor 
received  an  affront  from. 

Jackson.  I  did  observe,  my  lord,  as  he  went 
ontof  the  hall,  I  took  my  back  and  set  it  against 
the  crowd,  and  had  my  face  towards  my  lord 
mayor ;  and  I  was  crowded  so,  that  I  could 
scarce  spe  myself  one  way  or  other,  but  got  off 
the  steps  at  last,  and  went  home  with  my  loitl 
m^or. 

Mr.  Thompson.  Can  you  say  who  struck  off 
the  hat? 

Sol.  Gen,  Where  do  you  live,  pmy  ? 

Jackson.  I  live  at  Charing-ci'oss.     • 

Sol.  Gen.  With  whom? 

Jackson.  With  myself.  Sir. 

Sir.  Pr.  Winn.  What  is  your  name? 

Serj.  Jeff,  Don't  you  know  the  sword-bearar 
of  BristoCsu*  Francis? 

Mr.  ThoTiq>son,  Mr.  Roe,  were  you  her« 
when  my  lonl  mayor  was  crowded  ?  Who  of- 
fered any  affront? 

Mr.  Williams.  Pray  will  you  give  my  lord 
and  the  jury  an  account  of  what  you  beard, 
and  wYiete  the  disorder  be^n  ? 

Roe.  My  lord.  I  was  in  Cheapside,  and  I 
heard  a  ffreat  noise  of  huzzaing,  and  a  terribls 
ttoise  indeed  ;  and  I  met  with  a  fellow  rtmliii^, 
my  lord,  and  I  stopt  the  fellow:  What  is  tbs 
matter.  Nothing,  said  he,  but  an  old  fellow 
riding  skimmington  and  skeleton ;  and  in  ths 
street  I  saw  a  matter  of  a  hundred  with  their 
bats  upon  sticks,  crying,  damn  the  Whigs ; 
said  I,  <  Gentlemen,  what's  the  matter?'  said 
they,  <  The  work  is  done  to  stop  the  poll ;'  and 
that  is  all. 

L.  C.  J.    Hark  you,  were  you  in  Guildhall  f 
Roe.  I  followed  them  a  little  way  down  the 
street 


«1] 


STATE  TRIALS,  35  Cfl A»L«f  II.  l6ea.-wwl  Mors,  fir  m  KM.       [ttf 


L.  C.  J.  Hftfk  you,  did  you  sec  Ay  lord 
nayor's  luUdown  upon  the  ffronnd  ;  and  was 
he  like  tobe  thrown  down ;  did  you  see  tfiat  ? 

Roe.  No,  I  saw  nothing  of  that ;  I  heard 
such  a  noise,  1  was  glad  I  ^rid  of  them. 

Mr.  WUUams.  9^  lord,  we  have  no  more  to 
say  in  the  ffeneral ;  all  that  I  have  to  say  now 
is  for  my  lord  Grey.  The  evidence  afifainst 
my  tord'C^rev,  was,  that  he  was  here  :  Now, 
m^  lord,  we  nave  witnesses  more  particularly  to 
daend  my  lord  Orey . 

Au.  Gen.  We  snaU  call  a  witness  or  two  to 
dear  what  that  gentleman  said  when  sir  Ro- 
bert Clayton  was  mayor. 

Seij.  Jeffl  Piiiy,  gentlernen,  Yet  us  have  a 
Gttie  patience.  Pray,  my  lord,  if  your  lordship 
please — Here  is  such  a  horrid  noise — Upon  all 
the  matter,  I  don't  perceive,  but  sir  Robert 
daytoa  does  himself  believe  proclamation  was 
male  by  him ;  he  does  believe  the  adjournment 
was  made  by  him ;  but  as  to  thea^joumment  to 
Monday,  he  is  not  certain  of  that.  But  if 
your  lordship  pleases,  we  have  here  both  the 
sheriffe,  sir  Jonathan  Rajrmond,  and  sir  Simon 
Lewis,  that  will  shew  the  oonrt'wheiher  tliere 
was  any  such  thing'. 

Ati'Gen,  Bemre  Bethel  came  out  of  the 
North,  no  sheriff  ever  pretended  to  it. 

Sag.  jejf.  Pray,  sir  Simon  Lewis.  I  de- 
sire you  would  satisfy  iny  lord  and  the  jury 
coDoeming  the  adjournment  when  you  went  to 
the  sessions  house  in  the  Old  Bailey :  Did  you 
order  the  adjournment  of  the  poll,  or  my  lord 
mayor? 

mr  Simon  Levois.  We  came  and  waited  upon 
my  lord  mayor  here,  and  told  him  they  de- 
manded a  poilvnthout ;  we  took  his  directions 
and  my  lord  mayor  did  adjourn  the  court,  by. 
reason-that  the  assassinators  of  Arnold  were 
to  be  tried  ;  and  by  reason  of  that  it  was  ad- 
journed tin  Monday,  and  my  lord  mayor  and 
the  aldermen  went  thitlier ;  but  indeed  we 
were  left  as  prisoners,  and  I  received  a  blow 
on  my  breast. 

Att,  Gen.  Sir  Jonathan  Rajrmond,  did  you 
pretend  to  have  the  power  then  of  adjourning 
the  court  ? 

Sir  Jan.  Raymond.  My  lord  did  adjourn  the 
oonrt  because  of  that  trial,  and  then  after- 
wards we  went  upon  the  poU  ;  we  were  seve- 
ral days  upon  it :  We  only  appointed  from  day 
to  day  till  we  had  made  an  end  ;  and  when  we 
bad  made  an  end,  wc  declared  it  to  my  lord 
mayor  and.  the  court  of  aldermen  ;  anu  my 
lora  mayor  and  the  'court  of  aldenaen  came 
upon  the  huntings,'  and  declared  who  it  fell 
upon. 

Alt.  Gen.  Sir  James  Smith,  when  you 
weresherid!^  did  you  pretend  to  have  any  such 
power.? 

Seg.  Jeff]  Upon  ywar  oath,  did  you  pretend 

10  have  a  power  of  adjourning  common  halls  ? 

Sir  /.  Smith.  No,  Sir ;  we  were  sheriffs  im- 

medistely  aller  sir  Robert  Clayton  ;  I  never 

iieafd  it  ooestioned  but  my  lord  mayor  had  the 

nebtof  it. 
Sir  Fr,  Winn.   Sir  Jonathan  Raymond,  I 

8 


Ank  yoQ  say  flie  sbanib  d&d  ai|iMai#«*  day 
today  at  that  tkne  ? 

tifyr  J.Raymtmd,  WcoonldiiotiiiafceancMl 
of  polling  ;  aad  we  did  appoint  fivm  day  to 
day  tifl  we  had  made  an  end  of  polling. 

Com.  Serf.  My  lord,  I  will  give  your  lordship 
an  account  of  this  whole  day's  proceedioffB: 
We  came  to  the  hall,  and  after  Mr.  Recoi&r, 
sir  George  Jeffieriesj  had  attempted  to  speak  to 
the  hall,  (fer  tbey  were  in  such  a  tumult  tbey 
would  not  suffer  him  to  spcok)  my  lord  UMf&r 
withdrew:  there  was  a  very  great  ckooour 
and  iioiae;'  bat  at  last  tm  question  was 
pot ;  and  I  came  up  with  the  sbeitfb  hither, 
and  aoquaiated  my  lord,  that  Mr.  Bol^l  «a4 
alderman  Cornish  -had  tho  nMMt  bnrib,  oM 
that  there  was  a  poll  demanded  betweoa  Mr. 
Box  and  Mr.  Nicholson,  and  Mr.  BcAd  and 
Mr.  Cornish ;  then  the  dispute  lay  as  iielweeii 
Box  and  Nicholson,  and  alderman  OorMsh  and 
Mr.  Bethel:  I  acquainted  my  lord  mmir  that 
was,  sir  Robert  Clayton,  that  Mr.  Reoordor 
said  ho  would  not  go  down  to  make  do^doratioD, 
they  would  not  hear  him :  upon  that  sir  Ro* 
hart  Clayton  took  a  panor  and  gare  it  to  me, 
with  these  very  words :  [It  is  the  greatest 
tumult  I  was  ever  in  all  my  lite,  and  I  have 
some  reason  to  remember  it. J    IVy'thee,  says 


ne,  do  yon  make  doolaratioB  to  them;  for 'if 
they  will  hear  any  body,  they  will  hear  thee ; 
Sir,  says  1,  because  it  is  not  the  duty  of  my 
offioe,  1  desire  your  particular  direction :  then, 
says  be,  toll  them  I  must  adjourn  it  tiU  Mon- 
day, because  1  most  go  to  tlie  Old  Bailey,  to 
tiy  the  assassinates  of  Arnold :  whereupon  the 

'  hall  was  adfonmed,  and  in  a  great  tumnlt,  and 
my  lord  mayor  attempting  to  go^  out,  he  waa 
benit  back  twice  or  three  times ;  he  spake 
something  to  them,  and  they  went  away,  leav* 
ing  me  and  the  sheriflb  upon  the  hustings,  and 
there  tbey  kept  us  prisoners  till  six  or  seven 
o'clock  at  night.  On  Monday,  when  we  came 
to  poll  again  by  his  direction,  I  went  to  hia 

,  house,  and  he  gave  me  direction  to  go  with  the 
sherilis  to  adjourn  it :  afterwards  there  was  a 
court  of  aldermen  purposely  called,  and,  upon 
their  direction,  I  took 'the  poll  and  kept  it,  and 
every  adjournment  was  made  by  his  particular 
direction  to  me. 

Sir  Robert  Clayton.  Gentlemen,  I  do  desire 
1  may  explain  myself,  because  I  was  imper- 
lectly  heard :  some  pert  of  the  story  that  Mr. 
Common  Serjeant  does  say,  I  do  remember, 
and  will  tell  you  what  I  do  remember  of  it.  I 
remember  the  coming  up,  and!  remember, 
Aat  Mr.  Recorder  was  uot  willing  to  go  down, 
there  was  such  a  hubbub;  I  remember  that 
very  well.  The  particular  words  I  said  to 
him,  1  cannot  charge  niy  memory  with ;  we 
had  discoursed.  I  remember  the  adjournment, 
and  we  discoursed  of  the  adjoi^mment  below; 
we  made  proclamation,  but  the  noise  was  so 
great  they  could  not  hear ;  and  upon  my  at- 
tempting to  go  out,  I  was  beaten  back  twice  or 
thrice,  and  then  we  were  fain  to  let  them  know 
the  business  we  ^vent  about  as  well  as  we 
could,  and  then  tbey  let  me  go,  and  1  left  the 


983}    STATE  TRIALS,  35  Chablbs  fL  i6BB.—TryilofTkama8 


im    [^M 


■herifik  Willi  tbem  to  iffree  of  the  maimer  and 
methods  of  polling.  There  were  several  ad- 
joumroents  madeulerwards ;  I  cannot  charge 
myself  with  it :  I  might  be^  particularly  con- 
sulted ;  butfor;the  particular  times  of  adjourn- 
ment, I  did  not  think  myself  concerned  in 
C>int  of  reputation  ;  if  1  thought  I  had  been 
ameable,  I  should  have  concerned  myself  to 
hare  giren  more  particular  directions. 

Mr.  Thompton,  If.  your  lordship  please,  I 
have  but  tins ;  admitting  the  right  to  be  in  the 
lord  mayor 

L.  C.  J.  Do  you  make  a  doubt  of  it  now  ? 

Mr.  Thompton,  Admitting  it,  those  gentle- 
men that  came  to  continue  the  poll,  it  is  a 
question  whether  they  can  be  guilty  of  the  riot 
or  not. 

Mr.  W •    There  are  some  itkree  or  four 

of  the  defendants  that  have  a  particular  case ; 
that  stands  fay  themselves ;  and  it  rests  upon 
this  point,  Whether  my  lord  mayor  hath  this 
power  or  not  ?  For  so  much  of  the  evidence  as 
concerns  any  noise  or  hissing,  or  any  thing  of 
that,  that  relates  to  the  time  of  adioumment ; 
for  it  was  done  at  the  time  of  the  adjournment. 
As  for  Mr.  Cornish,  Mr.  Goodenoueh,  my  lord 
Grey,  and  one  or  two  more,  they  did  not  come 
till  within  some  three  hours  after  that,  so  that 
they  cannot  be  engaged  in  the  noise,  or  that. 

X.  C.  J.  It  is  no .  matter,  Uiey  came  time 
enough. 

Mr.  WiUiamt.  We  have  done,  my  lord,  with 
(he  fi;eneral  evidenoe ;  we  have  something  to 
say  m  defence  of  my  lord  Grey ;  all  the  evi- 
dence against  my  lord  Grey  is  this,  that  be 
was  here  about  seven  o'clock  at  night  For 
that,  gentlemen,  we  say  this;  that  my  lord 
Grey  nad  some  business  here,  and  my  lord's 
business  was  this;  my  lord  Grey  was  here 
about  the  sale  of  a  manor  in  Essex  with  sir 
William  fSulston ;  mv*  lord,  they  had  ap« 
pointed  this  rery  day  for  that  business,  it  was 
my  lord's  interest  mightily  to  pursue  it,  and 
sur  WJHiam  happenfS  to  be.  at  sir  Thomas 
Player's,  and  knowing  this  to  be  an  election* 
day,  my  lord  dined  that  day  at  an  eating-house 
in  the  Haymarket,  and  afterwards  came  to 
Peter's  coffee-house,  in  Covent-garden,  and 
staid  there  till  between  four  and  five  o'clock 
hi  the  afternoon,  when  he  thought  the  h«it 
would  be  over;  and  then  he  came  to  make 
inquiry  after  sir  William,  and  took  up  in 
Bruen's  coffee-house  about  five  or  six  o'clock ; 
there  he  continued  quiet  in  the  house  till  all 
the  noise  was  over ;  tben  he  sent  to  inquire  for 
sir  Wm.  Gulston,  and  hearing  he  was  at  sir 
Thomas  Player's,  he  and  sir  William  went  to 
a  tavern,  and  there  they  treated,  and  finished 
the  afiair.,  My  lord,  we  will  prove  it;  call 
Mr.  Ireton. 

Ireton.  My  lord,  I  know  that  at  this  very 
time  my  lord  Grey  was  treating  with  sir  Win. 
Gulston  about  the  manor  of  Corsfield,  in  Essex, 
and  my  lord  Grey  and  sir  Wm.  Gulston  had 
appointed  to  meet  that  night  at  the  other  end 
of  thetovk'n,  if  the  poll  were  ended.  In  the 
cveuing  I  met  my  lord  Grey,  who  told  me  he 


had  been  with  sir  Wm.  Gulston  in  London,  and 
had  dispatched  the  business. 

X.  C.  J.   Did  my  lord  tell  vou  so  ? 

Lord  Grey.  He  treated  for  me,  my  lord, 
with  him. 

L,C.  J.  Pray,  for  God's -sake,  you  must 
lay  your  matter  a  little  closer  together ;  if  be 
was  to  treat  about  the  purchase  of  a  manor, 
was  there  no  convenient  place  for  company  to 
treat  about  it,  but  while  they  were  casting  op 
the  poll-books  with  the  sheriff  and  Good- 
enough  P  Was  that  place  fit? 

Mr.  Holt,  My  lord  had  appointed  to  speak 
wifh  sir  Wm.  Gulston  that  day  in  Covent- 

farden,  if  the  poll  had  been  over ;   but  not 
nding  him  there,  came  into  the  city. 

Lora  Grey,  That  ffeiitlemau  went  between 
sir  Wm.  Gulston  and  f. 

L.  C.  J.    Where  were  you  to  meet? 

Lord  Grey,  At  the  Rose  tavern,  in  Covent- 
garden. 

X.  C.  J.    What  made  you  here  then  ? 

Lord  Grey.  Not  findinghim  there,  I  came 
hither,  and  spake  with  sir  Wm.  Gubton  in  that 
very  room.  The  poll  was  over,  and  the  com- 
pany gone. 

Mr.  WiUiamt.  Mr.  Ireton,  Do  you  know 
there  was  any  treaty  between  my  lord  Grey 
and  sir  Wm.  Gulston  about  the  sale  of  any 
land  ? — Ireton.    Yes,  Sir,  I  do. 

Mr.  Williams.    When  was  that  treaty  ? 

Ireton.    About  a  twelve-month  since. 

Mr.  Wifliamt.  Do  you  know  they  had  any 
discourse  about  it  ? 

Ireton.  Sir,  they  had ;  I  think  it  was  Mid- 
suiumer-day,  the  day  the  election  of  sherifia 
wa^. 

Mr.  Williams.  Were  they  about  that  treaty 
that  day  T—Ireton.  That  day,  ray  lord/ 

Mr.  Williams.  Where  was  the  treaty  ? 

Ireton.  In  sir  Thomas  Player's  house. 

Mr.  Williams.  What  time  of  the  day  ? 

Ireton.  About  12  o'clock. 

Mr.  Williams.  Where  went  my  lord  after- 
wards? 

Ireton.  My  lord  went  to  dinner,  as  he  told 
me,  in  the  Hay-Market. 

Mr.  Williams.  Did  you  know  of  any  ap- 
pointment to  meet  again  ? 

Ireton.  I  was  informed  so,  but  cannot  posi- 
tively tell. 

Wr.  Williams.  Sir  Thomas  Armstrong,  Pray, 
Sir,  will  von  give  an  account  where  my  lord 
was  that  diay  ? 

Sir  71  Armstrong.  I  came  up  this  way 
about  6  o'clock,  and  was  in  a  cofiee- house  by 
Guildhall. 

Mr.  Williams.  Do  you  know  any  thmg  about 
that  treaty. 

Sir  T.  ArmstroTig.  I  saw  them  t(mther  that 
night.  I  saw  them  together  at  sir  T.  Player's 
al^ut  19  o'clock,  and  again  at  8. 

Mr.  Williams.  Do  you  know  any  thing  of 
treating  about  this  land  m  Essex? 

Sir  T.  Armstrong.  No,  I  do  not. 

Att.  Gen.  You  did  not  see  them  in  the 
chamber? 


285]       STATET&IALS,  35  CHAELS6 II.  I68d.--Mir  olAer«, /or  (V  Jib/.        [aatf 


Sir  T.  Amutrong.  Does  any  liody  say  I 
in? 

Lord  Grty.  My  lord,  I  will  gire  yon  an  ac- 
eoiint  of  il.     ' 

Mr.  Wiliiamt,  My  lord,  Mr.  Ireton  tells  yon 
this ;  my  lord  Grey  and  air  WiDiain  Gulston 
were  in  treaty  about  buying  these  lands  that 
Tery  mominff  together;  says  sir  Thomas 
Anastroncf,  about  noon ;  afterwards  my  lord 
went  to  the  Hay-Market,  and  staid  there  till 
evening',  and  my  lord  and  air  William  were  to- 
gether again  at  night.  My  lord,  this  case  will 
depend  upon  vofor  lordship's  directions.  It  is 
rcTY  plain,  that  my  lora- mayor  of'  London 
hath  the  sommaning  the  common-hall,  and 
when  the  business  is  done  he  hath  the  dis- 
charging them.  My  lord,  if  it  be  true  what 
Mr.  Love  and  others  saj,  they  tell  you,  that  in 
all  their  time,  their  opmion  is  so,  that  it  be- 
Jsngetb  to  the  sheriil&,  and  not  to  the  lord  mayor; 
what  may  he  the  consequence,  lies  in  your  lord- 
ship's opinion.  Now  for  the  conseijuenoe  if 
it  were  no  more  than  a  matter  of  opmion  and 
right,  and  the  sheriffs  insist  upon  it :  Are  these 
defendants  and  the  sheriffs  guilty  of  these  out* 
ratpes  i'  For  there  is  nothing  proved  upon  them. 
TSas  don't  make  them  gpuilty  of  any  thing 
more  than  a  bare  continuing  tlie  poll.  There- 
lore,  my  lord,  I  must  submit  to  your  direction, 
how  fur  the  jury  will  find  us,  or  any  of  us, 
guilty  of  a  riot  in  this  case. 

Sir  Fr,  Winn.  My  lord,  we  agree  they  did 
emtiiiue  the  poll,  and  the  defendants  did  an- 
prehtnd  it  was  hiwful  for  them  so  to  do ;  if  the 
jury  should  think  they  did  misapprehend  what 
was  the  ancient  usage  of  the  city ;  if  your 
lordship  should  be  of  opinion,  that  by  the  law 
the  lord  mayor  ought  to  do  it ;  yet  I  do  say, 
k  being  so  probable  a  case,  their  insisting  upon 
k  will  not  make  it  a  riot :  Your  lordship  will 
be  pleased,  1  hope,  to  take  notice  of  it,  if  they 
find  the  mayor  bath  power  to  a<)joum  it  ? 

Mr.  WaUop,  I  humbly  conceire,  that  the 
information  does,  in  truth,  destroy  itself,  for 
it  is  agreed  on  all  hands,  as  the  informa- 
tion sets  forth,  that  tbey  came  together 
open  Tery  lawful  occasions ;  and  the  informs- 
lioD  sets  forth,  that  by  colour  of  their  office 
they  did  as  if  they  were  lawfully  assembled. 
Now,  my  lord,  they  have  overthrown  the  de- 
finition of  a  riot,  for  a.  riot  is,  when  three  or 
more  are  come  together  to  do  an  unlawful  act, 
snd  they  do  it.  l£»  that  it  is  a  very  hard  matter 
to  make  this  a  riot. 

X.  C.  /.  Does  not  this  matter  appear  upon 
seoord? 

Mr.  Holt.  No,  no,  my  lord,  it  don't. 

'Mr.  Wallop,  If  men  do  lawfully  meet  tc- 
geUisr,  if  by  chance  they  fall  togemer  by  the 
eus,  and  commit  many  misdemeanors,  this  can 
never  be  a  riot.  But,  say  they,  here  was  an 
a&oamoient,  a  command  by  my  lord- mayor  to 
idjoura  the   coiiti,  and  they  continue  after 

MHoomment:    Now,  my  lord,  the  question  is, 

wjiether  he  had  power  to  adjourn  it  or  no,  the 
isifizeos  did  insist  upon  it,  that  he  had  no  power. 
Now,  gentkmsD  of  the  jury,  if  you  nnd  in 


your  conscienoe,  that  the  citizens  had  a  proba* 
ble  cause,  and  they  insist  upon  it,  this  can  never 
be  a  riot. 

Mr.  Holt,  It  doth  appear  that  tbey  were 
lawfully  assembled  together.  And  for  the 
tbrowiufi^  off  my  lord-mayor's  hat,  suppose  that 
my  lord-mayor  hath  a  power  for  to  adjourn 
the  court,  yet,  my  lord,  it  must  be  agreed,  that 
those  that  come  uiither  must  have  a  convenient 
time  to  depart ;  for  my  lord-mayor,  as  soon  as 
ever  he  bad  a^umed  the  court,  be  went  away, 
and  all  the  hall  could  not  go  of  a  sudden,  but 
must  have  a  convenient  time  to  go ;  some  fol* 
lowed  him  immediately,  and  the  oiher  gentle* 
men  that  staid  behind,  not  at  all  consenting  to 
that  rude  action  about  my  lord-mayor,  cannot 
be  guilty,  for  there  is  no  proof  ot  any  mis* 
carriage  committed  by  any  of  the^e  defendants ; 
it  may  be  there  was  some  discourse  concerning 
the  power  of  my  lord- mayor.  1  only  mind 
your  lordship  of  sir  Robert  Atkins's  case,  a  late 
case  in  the  King's-bencb ;  there  can  be  no  as- 
sembly to  choose  an  alderman,  as  in  that  case, 
unless  the  mayor  was  there;  the  assembly 
wa2j  held,  and  yet,  gentlemen,  because  it  was 
not  done  in  a  tumultuous  manner,  but  with  a 
good  intent,  it  was  held,  that  sir  Robert  Atkins 
was  not  guilty  ot  a  riot.  There  must  be  an 
evil  intention  to  do  some  mischief. 

Mr.  — ~-.  Turner  brought  his  action  against 
sir  Samuel  Starling  for  disolving  the  hall :  And, 
my  lord,  that  being  the  case  of  the  election  of 
a  bridge-master,  surely  there  is  a  parallel  rea- 
son for  the  sheriffs. 

JL.  C.  J.   That  case  is  against  them. 

Mr. .  No,  my  lord. 

X.  C.  /.  There  the  lord-mayor  hath  a  power 
by  law  to  dissolve  the  assembly,  though  in  truth 
he  should  not  hare  done  it. 

Sol,  Gen.  The  action  was  brought  for  deny* 
ing  a  poll,  my  lord. 

Mr.  Tkomp9on,  It  is  laid  in  that  declaration, 
that  il  is  the  custom  of  the  city,  that  my  lord- 
mayor  cannot  dissolve. 

Att.  Gen.  May  it  please  your  lordship,  and 
you  gentlemen  of  the  jury,  you  have  now  heard 
all  the  evidence.    [The  counsel  clamoured.] 

L,  C.  J.  Gentlemen,  you  shall  not  over* 
rule  me  so:  Because  1  am  willing  to  hear 
every  body,  therefore  you  impose  upon  me. 
You  shall  have  law,  by  the  grace  of  Qod,  as 
far  as  I  am  able. 

Attorney'  General*  We  have  now  done  witl^ 
the  evidence  on  both  sides,  and  you  do  now 
see  the  right  of  the  lord- may  or,  notwithstanding 
all  the  vulgar  and  popular  discourses  is  assert- 
ed ;  it  appears  now  upon  full  evidence,  they 
themselves  do  not  contradict  it,  that  my  lent 
mayor  is  the  supreme  magistrate  of  this  cily, 
botik  for  calling  aU  your  assemblies,  and  for 
dissolving  them ;  they  won't  pretend  against 
this ;  but  indeed  they  make  a  question  whether 
my  lord-mayor  can  adjourn  or  no.  Necessity 
of  affairs  requires  it  sometimes,  if  there  be 
such  a  tumult,  such  an  interruption,  that  thej 
cannot  proceed  orderly ;  or  if  tne  matter  be  so 
long  that  they  can't  det^mine  it  in  one  day. 


/ 


t87]    STATE  TRIALS,  55  ChablE9  IL  l6s$.^1^ial  of  Thomaa  Pilkingtim    [3Sft 


dMro  is  a  BciccMntv  that  there  miuit  be  an  a4* 
joimuiMot  to  another  time ;  and  they  give  ^ou 
no  instances,  ^^tlemen,-  that  ever  the  sheriffs 
m  any  a^e  did  attempt  it,  never  any  sheriffs 
made  an  adjournment  of  his  own  accord.  Mr. 
Lo?e,  he  gives  no  instance  of  an  adjournment, 


Mr.  WaU^.  And  do  it. 

Att.  (jen.  And  do  it,  I  put  in  that  too,  8ir« 
The  meetiDg  here  is  unhwfu),  and  it  is  as  cer- 
tain that  my  lord  mayor  hath.^wer  to  adjounit 
that  is  a  consequence  of  bw,  if  the  adjournment 
be  necessary,  and  he  is  the  only  ^a|^  of  ad- 


he  only  tells  you  of  his  supremacy  at  that  time  joumment ;  and  when  he  hath  adjourned,  I  do 
when  my  lord- mayor  had  notliingto  do  with  say  the  continmng  persons  together  to  do  tbat^ 
it;  and,  gentlemen,  at  that  time  you  roust,  wiiich  if  they  summoned  them  to  do  had  been 
remember  when  he  was  elected,  the  law  was  1  unlawful,  is  as  much  an  unlawful  thing,  and  a 
otherwise  «when  Mr.  Love  was  elooted ;  then  riot,  as  that.  I  would  fain  know,  if  the  sheriifi) 
the  sheriffe  wei^  the  tribunes  of  the  peopfe,and  j  had  summoned  all  the  citizens  together  to  meet 
they  had  shut  my  lord-mayor  quite  out  of  their  '  and  ch«)ose  sheriffs,  or  any  others,  would  any 
common  hall,  and  declared  that  ne had  no  power  ;  man  question  but  this  is  an  Qnfaiwful  act,  a  sqIh 


to  dissolre  or  adiourn  them.  The  next  instance 
is  that  of  sir  Rohert  Clayton's,  and  how  do  they 
make  that  out  ?  Sir  Robert  Clayton  swears  only 
upon  his  own  memory,  and  what  is  that  ?  he 
remembers  just  nothing.  He  does  think  the 
common  serjeant  does  speak  truth  in  some 
things,  but  he  can't  remember  other  things. 
But  we  prove  not  only  an  a^oumment  from 
Saturday  to  Monday,  but  other  aiQournments 
by  special  direction  from  sir  Robert  Clayton. 
fiio  tnat  whatever  Mr.  Love  did  fancy  of  the 
authority  of  sheriffs,  to  tell  my  lord-mayor  he 
kad  nothing  to  do  therewith  ;  yet  that  my  lord- 
mayor  is  certainly  the  chief  magistrate,  we 
have  proved  all  along  to  this  present  time,  till 
within  these  two  or  three  years,  and  whenever 
ihere  was  an  a4Joumment,  we  have  proved  it 
to^ou,  that  it  was  by  my  lord-jnayor.  So  that 
it  IS  notlunf^  like  the  case  put  by  the  gentlemen 
on  the  other  side ;  there  was  never  any  shadow 
of  pretence  for  right.  Whoever  knows  London, 
must  know  the  sheriffs  of  London  are  not 
officers  of  this  corporation  as  sheriffs,  but  they 
are  the  king's  officers  of  the  county,  granted 
to  be  chosen  by  the  sheriff :  They  are  m  their 
particular  cases  judges,  for  ehoosing  jmrlia- 
mept-men,  but  in  no  corporation  act  whatso- 
ever :  So,  that,  gentlemen,  ^'ou  see  there  is  no 
pretenee  for  that :  But  admit  there  were,  what 
IS  it  like  the  case  when  a  man  lays  claim  to  a 
wood,  and  he  sends  three  for  four  persons,  or 
half  a  dozen  persons  to  cut  it  down  ?  Yet,  Mr. 
Waltop,  notwithstanding  your  authority,  though 


version  of  the  ancient  ffovemment  of  the  dty, 
the  usurping  an  authonty  in  the  city  contrary 
to  the  king's  grant  and  the  charter?  And 
afier  they  are  adjourned,  if  they -will  make 
proclamation,  and  order  the  people  to  stay,  and 
f^  on  with  the  poU,  is  not  that  the  same  thia^ 
m  point  of  law?  Surely  no  man  almost  of 
common  sense  but  will  say,  it  is  the  saoM  tfaingp. 
In  the  case  that  Mr.  Wallop  puts,  if  there  be  any 
disoixlers  committed,  precedent  to  the  magia- 
trate's  dissolving  the  society  ;  that  will  not 
amount  to  riot ;  but  if  the  magisftrale  eomea  and 
makes  proclamation  for  them  to  deport,  and  they 
stay  after,  it  makes  a  riot,  if*they  oontinoe  still 
together,  it  is  a  rout  and  an  unlawful  assembly. 
But  they  say  there  is  no  proof  that  theaa 
gentlemen,  that  are  in  the  information,  ar« 
g[uilty  of  the  riot ;  they  are  all  parties  to  the 
riot,  the  very  being  there,  dnd  giving  oounte^ 
nance  to  it,  is    an    unlawfid  3iing.     Pray, 

gentlemen,  if  ten  men  should  go  to  rob  a 
ouse,  and  one  stands  off  at  a  distance,  is  not 
the  tenth  man  guilty  of  the  burglary  f  If  there 
be  as  many  persons  toffelher,  and  three  only  do 
an  unlawful  act,  and  the  others  ^ive  proteotioa, 
for  number  is  always  a  protection,  are  not  all 
these  gentlemen  guihy  ?  And  therefore,  ||eiitle- 
men,  it  is  hoped  you  will  settle  the  city  by 
destroy hig  th»  pretence,  which  hath  beeii 
Auttenng  in  the  air,  but  hath  no  groand  for 
it. 

X.  C.  J.    Gentlemen  of  the  jury,  this  is  aa 
information  against  several,  for  a  riot,  and  k 


that  be  not  a  riot,  it  is  a  rout,  where  you  will  '  sets  forth,  that  there  was  a  common  hall  that 


send  such  a  number  to  raise  terror  in  the  kind's 
people,  and  they  will  continue  together  after 
they  are  oommanded  to  depart  by  a  ma|j[istrate. 
But  it  is  a  different  thing  where  men  will  con- 
-ceni  thenMolves  in  a  matter  of  public  govem- 
■Mot,  as  if  any  man  should  pretend  he  hath  the 
Jong's  commission  to  take  your  lordship  off  the 
hcBch.<*-So  that  here  is  quite  a  different  thing ; 
this  relates  immediately  to  the  ^vernment ; 
Imw  the  publio  peace  of  the  city  is  in  danger, 
waA  if  ray  lord  mayor  had  been  a  person  of 
mat  spirit,  and  has  presently  raised  others  to 
MPO  suppressed  this  riot,  then  the  city  had 
Iwen  in  a  flae  ooodition,  but  these  people  that 
sroidd  have  No  Ood  bkss  the  king,  bat  Ood 
UsM  Ae  sheriils.  There  is  no  pretenee  of 
right  oan  jostify  such  a  tbingp.  Now,  my  lord, 
for  a  not,  thn  must  be  acknowledfsd  to 
ha;  for  maaif  ta  meet  togather  to  do  an  uii- 
kwfol  thing,  la  a  riot. 


was  called  by  the  lord  mayor  for  choosing  aO'- 
vera!  officers,  and  that  afU*rwards  the  tord 
mayor  did  dissolve  that  assembly,  and  yet  not- 
witnstanding  the  defendants  (so  many  as  by* 
and-by  I  snail  name  to  you,  that  they  hav« 
given  evidence  against,)  they  kept  together  and 
committed  a  riot ;  it  is  said  so  particularly  in 
the  information.  For  the  matter  in  fact  that 
hath  been  altercated  between  them,  die  question 
is,  «  hether  the  lord  mayor  for  the  time  beings 
hath  power  in  himself  to  call  an  assembly,  ana 
to  dissolve  it  ?  and  truly  as  to  this  point,  even 
the  counsel  for  the  detlndants  did  one  while 
grant  it,  but  another  while  did  bring  witnesa 
that  did  know  nothing  of  the  matter,  I  moat 
needs  say.  But  for  aught  I  see,  oven  until 
this  very  time,  the  toid  mayor  did  call  the  as- 
sembly,  and  he  did  dissolve  it,  and  that  they 
did  seem  to  grant  eren  at  the  begkumg  of  tha 


ftS9]        STATE  TRIALS,  35  Chahuss  II.  l6$3,^^mdHkm,for  a  Kki.        [fpO 

.  thcY  oouM  not  be  ignorant  of  it,  fieeanse  tkf 
daily  practice  before  their  eyes  was  for  th» 
mayor  to  doit.  But  this  was  a  notion  ffot  intQ 
tbeir  beads  though  it  was  otherwise  before,  it 
must  be  so  now ;  and  one  said,  they  would 
have  no  tory  mayor  to  be  mayor;  tiius  th^ 
king  should  have  something  to  do  to  support 
the  mayor  by  bis  power,  for  aught  I  know. 
Now,  gentlemen,  for  the  parties  that  ar« 
accnsed  to  be  in  it,  there  is  T.  Pilkington, 
Samuel  Shute,  Henry  Colnaish,  lord  Grey, 
sir  Thomas  Player,  Slingsby  Bethel,  Franci9 
Jenks,  John  Deagle,  Richard  Freeman, 
Hicbard  Goodenough,  Kobot  Key,  John 
Wickham,SamuelSwinock,  and  John  )ekyl  the 
elder;  some  witnesses  are  to  some,  and 
others  to  others,  but  some  of  tliem  have  seven 
or  eight  witnesses.  There  is  Pilkington,  and 
Shute,  and  Cojnish,  these  had  a  great  many 
witnesses  against  them;  others  have  two. 
First,  for  the  sheriffii,  and  Mr.  Cornish,  that 
had  been  sheriif-but  two  years  before,  they 
kept  them  together  after  my  lord  mayor  was 
gone ;  and  to  see  what  people  they  were,  No, 
not  God  bless  the  king,  no,  no,  but  the  Pro> 
testant  sheriffs ;  so  that  in  truth  the  king  must 
be  put  out  of  his  throne,  to  put  these  two 
sheriffs  in  it.  It  is  not  proved,  that  either  of 
these  did  say  so,  nor  the  othei-s  neither,  but 
they  were  those  that  clung  to  them,  and  they 
would  help  them,  and  they  would  set  them  to 
rights,  and  I  know  not  what ;  and  there  is  no 
other  way  to  know  in  this  case  what  they  were, 
but  by  these  they  kept  compaoywith  ;  and  it 
may  be,  (I  woulSi  be  loth  to  say  ill,  it  may  be) 
it  was  in  order  to  dethrone  tlie  king  as  far  as 
they  could  ;  for  my  lord  mayor,  when  tmly 
he  had  adioumed  thehaU,  and  was  ffoing  hbme, 
he  bad  like  to  be  trod  under  foot  himself,  his 
hat  was  down,  and  that  was  the  great  respect 
they  gave  to  his  majesty's  lieutenant  in  the 
city.  It  is  true,  it  cannot  be  said  who  it  waft, 
but  those  were  the  people  that  would  have  No 
Gk>d  save  the  king,  and  those  the  mayor  had 
nothing  to  do  wim.  The  sberifis  they  would 
go  on  to  poll  I  and  cast  up  tbeir  boeSks,  and 
would  make,  a  disquisition  who  had  most 
hands,  and  the  like ;  three  hours  afWr  my  lord 
mayor  was  gone,  there  were  so  many  that  did 
countenance  and  foment  this  sort  of  proceed- 
ings. There  is  a  shrewd  act  that  was  made 
since  his  majesty  came  in,  that  the  vittany  oN 
some  men  might  be  stopped,  lSth-14th  of  tba 
kidg,  that  for  words  in  some  cases  makes  bisrh 
treason ;  it  is  well  his  majesty  does  not  teSie- 
any  severe  proaecution,  but  I  can  tell  you,  I 
would  not  have  men  presume  upon  it.  I| 
can't  be  said,  you,  or  you  said  so ;  y«^  dwy 
kept  them  ti^4her,  they  were  they  uiat  kepft 
all  this  rabbte  three  hoars  together ;  the  lord 
mayor  does  adjourn  the  court,  and  they  moat 
haVe  some  time  to  be  gone,  and  thereupoa 
would  persuade  us  they  could  not  get  away  in 
three  hours  ;  the^  ask  for  a  poll,  and  4;aat  up 
the  scrutiny,  and  I  know  not  what.  There  are 
some,  and  thatis  my  lord  Grey  and  Mr.  Good* 
enough,  how  these  two  should  com^  there  I 

U 


:  But  tfaeo  they  oaaJl^e  a  distinctioB,  but 
ht  ooold  not  adjourn  it  to  a  certain  time.  That 
was  a  very  weak  thin^  to  say,  that  if  the  lord 
mayor  may  caD  and  dissolve  Uie  ball,  that  he 
caimot  adjoom  it  to  a  conyenient  hour.  Sup- 
pose now  the  business  to  be  done  was  not  diS' 
patched  aoonerthan  this  time  a  night,so  that  upon 
the  matter  they  must  be  either  amotimed  till  to  • 
morrow,  or  kept  in  the  hall  all  night :  Does  any 
Baa  think,  that  that  magistrate  Uiat  hath  power 

S  call  and  diasolre,  hath  not  power  to  adjourn  ? 
ere  b  no  man  doubted  of  it  m  fact,  or  law ;  and 
that  it  was  so,  sir  Robert  Clayton  did  that  very 
thug* ;  if  th^e  had  be^  no  precedent,  it  had 
been  all  one.  But  they  make  a  great  deal  of 
fenaineBB  of  it,  bow  that  the  shenf&  were  the 
men,  and  that  the  lord  mayor  was  nobody,  and 
that  ahews  it  was  somewnat  of  the  common- 
vteaith'a  seed,  that  was  like  to  grow  up  among 
the  good  com.  [Here  the  people  humm'd  and 
ialarapted  my  lord.J—Pray,  gentlemen,  thatis 
a  very  ondei^t  thing ;  you  put  an  indi^ity 
i^aii  the  king,  for  you  ought  not  to  do  it,  .if 
you  knew  yonr  duty  :  Pi^ay,  gentlemen,  forlMsar 
tt,  it  does  not  become  a  court  of  justice. 

I  will  tell  you,  when  things  were  topsy- 
larvey,  I  can't  teJl  what  was  done,  and  I 
would  be  loth  to  have  it  raked  up  now.    They 
m^glit  as  well  (as  I  perceive  they  have  at 
aittuier  time  said)  hare  said,  that  the  power  of 
diaaolving'  and  adjouminff  might  have  been  in 
<he  Uyery-nwn,  all  peopfe,  every  body  ;*  and  so 
then  if  they  had  been  together  by  the  ears,  I 
doD^    know,  who  must  have  parted    them, 
Oiat  b  the  truth  of  it.    But  I  think  their 
awn  oounsel  are  very  well  satisfied  both  in.  &ct 
tad  law,  that  the  K>rd  mayor,  for  the  tiihe 
leiog',  hath  this  power  of  calling,  dissolving, 
and  wdj^nsioig  the  assembly.    Then  there  is 
aootber  thint^  that  is  to  be  considered,  and  that 
m  tfaJB ;  the  defendants  they  say,  we  did  mis- 
take liie  law,  it  was  only  a  mistake,  oH  the  law 
and  nothing  else ;  and  we  dki  do  all  to  a  good 
intent^  and  therefore  it  must  not  be  a  riot. 
To  give  vou  some  satisfaction  in  that ;  first,  I 
moat  tell  you,  that  a  man  must  hot  excuse 
kbnself  of  a  crio^  by  saying  he  was  ignorant 
of  the  law  ;  for  if  so  Be  that  turn  to  an  excuse, 
it  is  im^osible  to  convict  any  man ;  if  so  be 
he  must  be  exoused  because  he  did  not  know 
the  law,  then  no  man  would  be  found  guilty. 
But  if  it  appear  that  the  defendants  did  verily 
bdiera  that  the  law  was  ivr  them,  that  may  be 
eoBsidered  in  another  place ;.  if  so  be  that  they 
were  really  ignorant,  the  fine,  it  may  be,  may 
he  the  leas,  but  it  won't  excuse  thein  from  all. 
But  truly,  in  the  next  place,  you  must  con- 
sider, Wnether  or  no  these  gentlemen  were 
ignorant,  or  whether  or  no  uiey  did  not,  in 
a  tumultuary  way,  make  a  riot  to  set  up  a 
nagistzacy  by  the  power  of  the  people.    For 
1  aniat  t^I  you,  I  have  not  nieard  by  the 
drfaadantg,  and  I  will  appeal  to  your  me- 
OMry,  i  hare  not  heard,  before  this  time,  thai 
fver  Uie  aheri^  did  quarrel  with  the  mayor, 
•r  oontinne  a  common  hall  after  the  mayor 
V^  adjiramed  it.    Ai  fcir  thfse  gentlemoi, 


f9i]    STAIIt  TRIALS,  S5CaAftLBsn.l68S^7U<d<7]bimPI2U«ff0ft    l^ 


knownot,  tbeyhad  notbin^todo  here,  atid 
therefbre  I  doubt  it  will  be  worse  0|m»  tljem 
than  apoD  the  rest,  for  they  had  nothing^  Ui  do 
here,  they  most  come  to  set  the  citizens  toge- 
ther by  the  ears.  My  lord  Grey  he  says,  and 
he^  called  some  witnesses,  that  he  had  busi- 
ness with  sir  Will.  Gulston,  about  the  sale  of 
Corsfield  in  Essex ;  but  I  do  not  see  any  of  his 
witnesses  that  do  say  he  came  to  speak  with  sir 
William  Gulston  here,  he  came  here  to  sec  how 
the  poll  went.  But,  look  you,  gentleman,  he 
hath  ffiTen  some  sort  of  eridcnce,  and  the 
counsel  did  open  it  very  fairly,  but  the  evidence 
did  not  come  fully.  If  you  think  he  did 
only  come  upon  real  occasions  to  sir  William 
Gulston,  only  to  speak  to  him  about  that  busi- 
ness, and  concerned  himself  no  otherwise,  then 
you  will  do  well  to  find  him  Not  Guilty ;  if  you 
do  not,  yx>u  must  find  him  likewise  as  weu  as 
the  rest,  for  Goodenough  Ke  was  here  to  pro- 
mote the  matter.  There  is  one,  and  truly 
he  said,  that  for  his  part,  as  the  rest  would 
have  No  God  bless  the  king,  so  truly  lie  would 
have  No  Tory -Mayor.  And  all  tlus  flame,  I 
must  tell  you,  took  fire  from  this  spark,  that 
the  sherifls  might  do  what  they  thou^t  fit 
about  choosing  officers.  Gentlemen,  it  bath 
been  a  long  tnal,  and  it  may  be  I  have  not 
taken  it  well  ;  my  memory  i3  bad,  and  I  am 
hut  weak  :  I  don't  question  but  your  memo- 
ries are  better  than  mine;  consider  your 
verdict,  and  find  so  many  as  you  shall  think 
fit. 

The  Jury  withdrew,  and  in  some  time  retmned. 

Are  you  all  agreed  of  your  verdict  ? 

Jttfy.  Yes. 

Who  shall  speak  for  you  ? 

Juty,  The  foreman. 

Do  you  find'  the  defendants  Guilty  of  the 
tre^ass  and  riot  ?  &c. 

Foreman.  We  find  them  all  Gnihyinthat 
pa»er. 

This  is  your  verdict? — Jury.  Yes. 

T.  Pilkinffton,  8.  Shute,  H.  Comiab,  lord 
6f^,  sir  Thomas  Player,  S.  Bctb^  F.  Jenlos, 
J.  Ileagle,  R.  Freeman,  R.  Goodoioagh,  R. 
Key,  J.  Wickham,  H.  8whiock,  and^John 
JekyI  the  elder,  are  Goihr. 

Yon  say  they  are  all  GmhyP  &«. 

Jury,   Yes. 


On  the  15tb  of  June  following,  Mr.  Attor- 
ney-General moved  in  the  Court  of  King's-' 
Bench  at  Westminster,  that  Judgment  m^t 
be  awarded  against  them  upon  their  former 
oonviction,  in  order  to  their  being  fined  for  the 
ilot,  6ce,  But  ihe  lord  chief  justice  Saunders, 
and  Mr.  Justice  Raymond,  by  reason  of  their 
indispoations,  beinff  neitfier  of  them  on  tiie 
kesBch,  Mr.  Justice  Jones,  with  the  cotuwnt  of 
Mr.  Attorney  General,  referred  it  <to  the  lOCh 
instant,  when  Mr.  Attorney  again  moved  for 
jtMlgmait,  alledging  the  heinoosness  of  the 
<vime,  vhi.  Tlurt  it  Was  an  open  affront  to  jns- 
tmMiimagi9tncy,aiidiDig^t  prove  an  eril 


precedent,  if  it  shouU  escape  trnponlBh^d, 
which  he  prayed  it  might  not  do ;  but  tbttC 
since  they  had  been  fiurly  convicited,  the  court, 
in  pursuance  thereof,  would  award  soch  finek 
as  might  deter  others  from  the  like  attem}it8, 
&c.  Upon  this  motion  Mr.  Willianis,  of  coun- 
sel for  the  defendants,  mered,  That  seeing  there 
had  first  a  Venire  been  dii'ecled  to  Mr.  Pil- 
kington  and  Mr.  8hute,  late  sheriffs  of  London, 
and  afterward  an  Alias  Venire  to  the  presenlt 
sheriffs,  and  yet  that  in  the  information  all  th^ 
defendants  were  joined,'  though,  as  he  sug'- 
gested,  that  at  the  time  of  the  first  Venire  some 
of  them  were  nut  made  known,  and  that  since 
Mr.  Pilkmgton,  Mr.  Shute,  Sec.  had  appeared 
upon  the  first,  and  many  of  the  others  not  tiH 
the  second  ;  be  humbly  prayed,  that  an  error 
might  be  thereon  assigned. 

To  which  the  King'is  Counsel  replied,  That 
if  any  prejudice  was  sustained  iu  the  methods 
and  manner  of  proceedinsf  to  the  trial  of  the 
persons  convicted  of  the  not  and  battery,  it  wa^ 
sustamed  on  the  part  of  the  kin^ ;  and  seeing 
he  was  Willing  to  dispense  with  it,  that  not  in 
the  least  aflected  the  defendants,  unless  in  re^* 
doundingto  their  advantage ;  for  that  they  had 
a  legal  trial,  all  of  them  pleading  not  guilty, 
imd  putting  them^ves  upon  their  country,  t(x 
try  the  issue  betvi'een  the  king  and  them,  which 
country  had  found  ^em  gnilty  of  the  offences 
before-mentioned,  And  that  now  nothmg  re- 
mained bnt  the  Judgment  of  the  court  in 
awttrdln«;  their  mies,  &c. 

To  this  it  was  alledged,  thftt  seeing  they 
were  assembled  in  Guud-hall  upon  a  hwfnl 
occasion,  thev  eonid  not  be  guilty  of  a  riot,  of 
the  like  misdemeanor,  tiie  legality  of  their 
first  assembling  not  admitting  thentof :  hot 
this  allegation  was  over-'ruied  for  these  rea^' 
sons  ;  tluit  although  an  lissembly  be  never  so 
legally  convened,  yet  if  they  tumult  or  tireak 
•the  peace,  the  legality  of  the  assembly  cannot 
bear  them  out ;  and  moreover,  that  when  the 
lord  mayor  had  adjourned  the  polT,  the  as- 
semlby  was  no  longer  a  lawfbl  assembly,  but 
ought  immediately  to  have  departiKl  to  tfidr 
respective  habitations,  whidi  the  defendants 
not  only  delayed  to  do,  but  in  contempt  of  tn  - 
thority  continued  the  poll,  and  in  a  rtotfttni 
manner  assaulted  the  person  of  the  mayor, 
Apd  that  for  inference,  if  a  congregation  be  a84 
tembled  at  a  church,  to  hear  divine  senrice, 
which  in  itself  is  lawfViI ;  yet  if  blows  happen, 
or  a  riotras  or  disorderiy  tnmult  is  made,  th« 
legality  of  &e  meeting  shall  in  no  wise  esccusa 
the  authors  of  shch  disorders  froiti  the  penal--' 
ties  of  the  law^  &c.  of  which  opinion  were  not 
only  the  counsel  fbr  the  king,  but  the  judges 
likewise. 

These,  and  sudi-like,  being  the  arfiromenti 
of  this  day,  Mr.  Justice  Jones  being  indispooed, 
and  Mr.  Justice  Raymond  not  coming  npoifr 

aebendi,  the  passing  sentence  was  deferred 
1  Friday  the  2Snd  instant,  and  firom  thence 
tSl  Monday  the  25th  instant,  at  which  time 
Mr.  Justice  Jones  being  indisposed,  it  was  put 
off  till  Tuesday,  tiie  36di  of  June ;  when  Mr. 


S99}        STATE ISIALS,  ^Charles II.  iCss^^mtd 0iker$j0r a  Rki.        [194 


AMomcT  BiCTttd  for  iwlyrnf  i,  imiiiiiiipi  'lliat  i 
fte  Mrtiei  faaai  gviity  JXfom  tlM  lubrmatioo, 
jm|B^t  Im  fined  $  ftiid  was  jfinniwiwi  by  Mr. 
togeeni  Jefferies;  both  of  tineiii  praying  diat 
Ihey  naigfat  hare  good  fines  aeC  on  them,  aa 
an  caraniplp  to  deter  otherB  firom  xkn^  like  at** 
tennlii ;  as4dao  did  Mr.  Jooea,  pf  couDael  for 
die  king  ;  when,  on  the  other  side,  sir  frands 
Wimiii^n,  Mr.  Wilhams,  Mr.  Wailop,  Mr. 
Poliezfen,  Mr.  Thompson,  and  Mr.  Hdt,  of 
csDonael  fat  tfie  defendaiits,  mved  many  ar^- 
Dwotn  fin*  the  eitenaatipn  of  ittii&  fines,  seeuig 
they  iirere  at  the  mercy  of  the  Court,  alledg- 
ing,  dwt  the  defendants  did.th^l  of  which 
they  were  convklBd.  rather  out  of  ignorance 
thoB  malice,  qk  vukj  design  they  had  to  injare 
oraflronAthe  gOTemment;  aa  not  being  then 
capable  to  detmune,  whether  &e  right  to  ad- 
journ the  common  irall  lay  in  the  lord  mayor 
shen<&.    But  alter  the  aigumrnts  on  both 


To  the  KING'S  most  EKeelteiit  Ma^ty: 

The  humble  PETITION  of  Sir  THOMAS 
Mf^&INGTON,  kut.  Lord  Mayor  of 
fjonaou,  Slingsby  Bethel,  esq.  iSakmiel 
Swioo^k,  Jomr  l>eiigle,  Richard  Free- 
man, John  JeW^  John  Key,  and  John 
Widdiam,  in  behalf  of  themselves,  and  of 
the  respecUTe  Executors  and  Adminis- 
trators  pf  sir  Thomas  Player,  kt.  de* 
ceased,  Htiory  Conusb,  esq.  deceased, 
Samuel  Sbute,  esq.  deceased,  and  of 
Francis  Jenks,  deceased. 

.    -  '  ■        * 

<<  Shewetii ;  That  your  petitioners,  and  th« 
said  deceased  persons,  were,  in  the  year  1632, 
and  1683,  by  tne  co^triraace  and  oonfederacy 
of  sir  John  Moore,,  kt.  SirlWley  Nartli,  kt 
Sir  Pteter  Rich,  kt.  Sir  £dmiiod  Saundenhkt. 
late  Chief  Justice  of  the  King's  Bench,  and 


sides  had  beoi  heard,  Mr.  Justiee  Jones  pro-    some  others,  pros^ted  and  oonneted  for  a 


oeededto  dechure  theheinonsoeaaof  the  fact, 
aad  what  an  eril  precedent  it  might  prove  if 
h  dxMiUl  paas  unpunished;  apd '•after. some 
eenfeicnce  with  Mr.  Justice  Withens,  he  pro- 
oeeded  to  award  their  fines  a&  folioweth  : 

On  Thomas  Pilklngton,  esq.  by  Reason  of 
his  being  .a  prisoner,  only  500iL  S.  Shute,  esq. 
1,000  marks,  Ford  k)fd  Giey  of  Werfc  1,000 
raaika.  Sir  Thomas  Player,  kt.  500  marks, 
Shngsby  Bethel,  esq.  1,000  maska,  H.  Comidi 
},000  mariu,  Francis  Jenks  300  marks,  R. 
Freeman  300  marks,  R.  Goodenoa^^  500 
mariDB,  John  I>eagle  400  marks,  Robert  Key 
100  marks,  John  Widduun  100  marks,  S. 
Swinock  500  marks,  and  on  John  Jekyl,  senior, 
900  marics ;  all  of  them  appearing  in  court, 
eaoept  the  knd  Grey,  Mr.  Key,  apd  Mr. 
Goodenoogh,  and  aocording  as  they  appeared 
to  be  of  ability^  ao  were  their  finea  rcgu- 
iMed.* 

This  Judgment  was  afterwards  rerersed  in 
pariiament,  1  Wil.  and  Mary ;  and  the  deien- 
^imts  petitioned,  that  the  prosecutors  and 
judges  noight  be  eacoej^ted  out  of  the  then  in- 
teaded  Act  ^  Grace. 

.'  *  It  appears  from  the  account  of  this  judg- 
ment pnbhshed  bv  Langley  Curtis  in  1683  that 
«  the  same  i%y  in  the  Court  of  King's 
Bench  one  Tlitx.  Turner  of  Rye  (in  Narcissus 
Lattrell's  "  Brief  Historical  Rektion"  be  is 
called  Mr.  Tume  the  pretended  mayor  of 
fiye)  in  the  county  of  Sussex,  was  fined  200 
naiKS  for  making  a  riot  upon  the  mayor  of  the 
aid  town,  ^d  ^o  of  the  town  officers  fined 
SO  maiks  each  for  assisting  him  therein,  and 
ilrictly  commanded  to  deliver  the  ensigns  of 
&  mayoralty,  which  he  had  seized  mto  bis 
l)uid8  under  pret^ce  ^at  he  had  been  elected 
major  of  Uie  said  corporation. 

8se,  also,  in  this  Collection, . a.  d.  1684,  the 
Tiiil  of  Sacfaei^ereU  and  others,  fi>r  a.  riot  at 
Nottiagham  in  oppontion  to  the  new  charter 
iriijchhad  beeo  granted  to  thattowft. 


riot ;  the  fact  objected  against  th«n  behiff  no 
other  in  tm^',  than  the  peaceable  doipffdMir 
duties  as  citizens  of  liondon  and  Englimmen, 
in  eloctioo  of  sheriffs  for  the  said  efly  and 
pounty  of  Middlesex. 

**  That  in  the  proceedings  upon  the  said  pre- 
tended riot,  many  notorious  viokuions  6f  the 
law  wete  committed,  voA  vour  petitioners  do* 
nied  coinmon  justice  by  me  ootnbination  and 
conMeraoy  ot  the  persona  last  abore-uMMdy 
and  others  ;  insomuch  that  your  petitioners, 
and  tiie  said  deceased  defendants,  were  by 
judgment  of  the  Court  of  King's-Beneh,  hi 
Trinity  Term  168d/nnrsaaonably  fined  4,100A 
axHi  were,  by  imprisornnent  and  otherwise, 
forced  to  pay  the  same ;  which  sum  of  4,100/. 
was  long  since  paid  into  the  Exchequer. 

"  Th«  at  your  petitioners  prosecution,  the 
said  Judgment  was  revctsM,  the  last  pariia- 
mont,  as  erroneous ;  whereby  ^ur  majesty 
sljmds  by  la#  liable  to  make  restitution  or  tlie 
said  sum  of  4,100/.  as  your  petitkmetn  are  ad- 
vised. 

^'  Now  forasttudi  as  your  majesty's  go^ 
neroua  undertaking  in  coming  into  this  king- 
dom, tended  only  i&  the  vindicatilig  and  esta- 
bKriiingour  religion,  laws  and  libertieo,  and  far 
rdiering  the  oppressed ;  and  fiir  that  it  is  agree<» 
able  to  equity,  that  such  as  did  the-  wron^ 
should  make  the  restitution:  and  your  peti- 
tioners hoping  the  parliament  now  assembled 
will  take  thie  whole  matter  into  their  consi- 
deration, and  pass  a  bill  lor  relief  of  ,your 
petitioners  .out  of  the  confederates  estates, 
and  not  leave  them  to  be  satisfied  by  yoi>r  ma- 
jesty: 

«« Your  petitioners  therefore  humbly  be- 
seech your  majesty,  That  the  said  contedemtes, 
the  presectitors  of  your  petitioners,  and  tho 
judi^es,  and  others  concerned  therein,  mi^  be 
excepted  in  the  Act  of  Gi-ace,*  intended  by 

*ThisActof  GraceisSGtd.  andMar.st.  1, 
c.  10>  but  there  is  no  such  exception  in  it,  only 
of  sir  Francis  Witheo^  who  was  excepted  upon 
other  accounts. 


igs]    STATE  TRIALS,  35  Chablbs  II.  1$8S.— 7W«I «/  Tkomtt  Pii 


[20^ 


your  mso^sty,  as  to  all  they  did  in  relatioQ  to 
thdB  urosecotion  and  judgment  upon  the  pre- 
tended riot  above  specifi^. 

<*  And  your  petitioners  shall  always  pray, 
&e.» 


On  the  SSrd  of  January  1690,  sir  Peter  Rich 
attended  in  his  place,  according  to  the  order  of 
the  House  of  Commons,  upon  a  Petition  from 
sir  Thomas  Pilkington,*  lord  may<Mr  of  London, 
and  others,  who  were  fmed  on  pretence  of  a  riot 
at  the  election  ot  sherifis  for  the  city  of  London 
in  1682.  The  Petition  Was  read ;  and  sir  Peter 
Rich  was  heard,  what  he  had  to  say  in  his 
own  defence.  Ailer  which  a  motion  was  made, 
That  leave  be  given  to  bring  in  a  bill  to  make 
reparation  to  the  lord  mayor,  and  the  rest  of  the 
petitioners,  out  of  the  estates  of  the  persons 
mentioned  in  the  petition. 

Sir  Tho.  Clarges,  I  advise,  that  this  judg- 
ment against  my  lord  mayor,  and  others,  may 
be  reversed  by  vrrit  of  error.  Where  will  this 
end,  to  bring  tnese  things  into  parliament,  which 
may  hare  remedy  ^el^vhere  ?  What  a  flood 
will  you  bring  upon  yourselves  in  these  things? 
The  troubles  began  not  in  the  times  of  tl^se 
gentlegi^n.  I  doubt,  whether  these  have  been 
any  lawful  sheriffs  of  London  these  seven  years, 
ever  since  the  charter  was  taken  away.  We 
have  had  great  revolutions,  a  king  alxlicated, 
ffreatwars  uponns,  andwhy  should  these  things 
be  brought  upon  us  to  treble  the  people  ?  I 
cannot  enumerate  the  consequences.  Tnis  will 
be  an  occasion  of  great  iiieonvenienoes  upon  us. 
In  tbe  late  usurnatian,  lord  Capel,  lord  Ilolland, 
ool.  Penniddo^K,  and  others,  were  murdered, 
and  yet  those  who  sat  upon  them  were  par- 
d(mea  ;  only  some  few  examples  were  made, 
of  the  most  execrable,  for  quieting  the  minds  of 
the  people.    At  this  rate,  we  shaU  be  a  court  to 

f'  ve  daiiia^ea  out  of  one  man's  estate  to  another; 
would  rgect  the  bill. 

Sir  Henrif  Cupel.  I  observe,  that  arguments 
are  used  against  this  bill  from  the  indemnity  in 
12  Ch.  2.  which  was  occasioned  by  a  time  of 
great  nusery  ;  but  that  was  not  the  case  ;  it 
was  then  a  civil  war,  brother  was  against  bro- 
ther.   That  case  is  outof  doors.  It  is  said,  these 

*  *'  Pilkington  wap  sheriff  of  London  in  the 
year  1682  ;  an  honest,  but  an  indiscreet  man, 
that  gave  himself  great  liberties  in  discourse. 
He  being  desired  to  go  along  with  the  mayor 
and  aldermen  to  commiment  the  duke  upon  his 
return  from  Scotland,  declined  going,  and  re- 
flected on  him,  as  one  concerned  in  the  burning 
of  the  city.  Two  aldermen  said,  they  heard  that, 
and  swore  it  against  him.  Sir  Patience  Ward 
the  mayor  of  the  former  year,  seeing  him  fp 
into  that  discourse,  had  diverted  him  from  it, 
but  heard  not  the  words  which  the  .other 
swore  te :  and  be  deposed,  *  That,  to  thejbest 
of  his  remembrance,  he  said  not  those  woids.' 
Pilkington  was  cast  in  100,000/.    damages, 

the  uKNitexGeaufe  that  had  ever  betn  given." 
BumaL 


gentlemen  may  find  remedy  in  Westmtnfter* 
ball.  If  that  was  the  case  (as  it  is  not)  I  think 
this  house  has  the  liberty,  insuch  a  case  of  im- 
portance, to  tiJce  notice  of  it.  You  have  been 
told  what  was  done  in  the  time  of  Lord  Sbatls- 
bury,  and  in  Air.  BetheVs,  but  it  was  lord  IUi»- 
sel's  case  then,  and  now  it  is  time  to  make  an 
example. 
Sir  John  Chtite.  Yon  are  told,  <  We  must  be 

riided  by  the  indemnity  m  Ch.  2nd's  time.^ 
hope  we  shall  ever  be  at  liberty  of  judging^ 
whether  thm|^  are  well  or  ill  dane.  There  has 
been  somethmg  said  by  a  member  that  a  little 
suriMrizes  me,  *  That  if  you  brinff  a  bill  to  do 
rignt  in  this  case,  a  court  may  be  erected  to 
give  damages  out  of  one  man's  estate  to  ano- 
ther.' There  are  crimes  that  excel  others  ;  do 
you  know  any  thing  of  a  greater  dqpreethan 
this  ?  Where  was  Acre  more  violation  of  tlie 
laws,  than  in  taking  away  charters  ?  And  where 
more  of  charters  than  London?  if  you  will  go 

rn  matters,  and  not  persons,  must  not  this  of 
rters  be  one  ?  Tliere  are  mixed  cases  in 
these  thin^  upon  the  public,  and  upon  iier- 
sons.  This  is  an  extraordinary  case,  and  there 
must  be  sneh  remedies  applied,  that  no  suck 
thing  shall  be  dared  to  be  attempted  for  the 
future. 

Mr.  Howies,  I  have  some  reason  to  under- 
stand this  case.  I  had  leave  from  this  house  to 
attoldthe  lords  in  this  case,  to  reverse  this  jud|p- 
ment  by  writ  of  error.  If  the' king  must  give 
this  damage^  (at  whose  sait  it  WBs)-you  must 
give  it  him  again.  Will  you  make  satisfaction 
m  the  bishops  case  ?  lam  for  that  too,  to  every 
person  coneemed.  There  is  no  remedy  but 
nete,  and  I  am  for  retaining  the  bill.  A  parlia- 
ment was  anciently  called  every  year,  or  ofiener. 
The  parliament  then  was  a  court  of  justice,  to 
relieve  on  extraordinary  occasions.  There  were 
juries  over-awed  by  judges :  Bethel  and  Comida 
took  another  course,  to  find  honest  men  ;  this 
was  complabed  of,  and  they  must  have  new 
juries  anaofiicers,  and  lord  Russel  suflered  upoa 
it.  You  have  the  indemnity  of  Ch.  2.  men- 
tioned.  This  is  nota  bitf-of  punishment,  but  a 
bill  of  satisfaction,  to  value  wrongs  they  have 
done ;  and  you  may  pardon  them  for  the  crimes. 
If  you  ask  the  value  of  the  affection  of  fether 
and  children  they  cannot  tell  what  they  are  ; 
go  asiar  as  you  can,  if  these  are  faulty,  and  the 
petitioners  may  come  for  satisfaction.  It' is  a 
reasonable  bill,  and  I  hope  you  will  accept  it. 
Would  you  have  a  return  to  what  you  are  deU- 
vered  from  ?  It  is  a  just  bill. 

Mr.  Hampden.  We  have  a  great  matter  be- 
fore us  in  debate,  because  it  is  so  extraordinary. 
This  matter,  it  is  true,  does  relate  to"a  common 
indemnity  ;  but,  I  think  it  is  not  promoted  by 
justifying  every  thing  that  has  been  done,,nor 
punishing,  but  to  prevent,  for  the  future,  tbe 
sante  thing  again  ;  and  that,  if  there  be  not  this 
bill  to  deter  men,- they  may  fall  into  the  same 
offences.  Some  men  call  this  <  a  punishment,' 
and  some,  *  a  reparation,'  but  it  is  in  a  tense 
both.  Some  satisfaction  and  renaratioo  onglit 
,  to  be  made  these  persons  tooonfing  to  natund 


197]       anrATE  trials,  55  CaAmLBS  IL  iGB^.^^-^d  dkertjm'  a  Rioi.        {^gt 


jintite,  bat  H  is  one  thing  what  a  nuui  in  con- 
sdoice  ought  to  ilo,  and  what  yon  ocMopel  him 
to  do ;  H  is  one  thing  what  a  man  in  strict  jas- 
tiee  ia  boond  to.  To  make  men  pay  a  sum  by 
sach  a  law,  I  eannot  readily  consent  tcvit ;  I 
hare  heard,  nothing  fuUy  to  satisfy  me.  This 
mly,  is  an  injury  done,  and,  in  conscience, 
they  are  bound  to  make  reparation.  That  of 
Annstreng  was  a  just  judgment  of  r^Miration. 
Corruption  is  not  taken  in  that  timited  sense  of 
*  taking  money  :^  corruption  is  taking  a  place 
of  1500/.  per  ann.  In  a  common  case,  brave 
men,  soldiors,  condemn  a  man  for  ddivering  up 
a  castle,  or  fort,  because  he  is  afraid  to  keep 
it;  and  they  should  have  known  that  before  he 
nndertook  to  keep  it.  There  needs  not  com- 
mon-law, nor  statute  law,  in  the  matter;  it  is 
agamst  common  sense.  If  you  say  there  is  no 
other  law,  you  will  quickly  be  distinguished  out 
•fall  your  liberties.  I  am  of  opinion,  therefore, 
*'  That  the  petition  for  leave  to  bring  in  a  bill, 
to  make  reparation  to  my  lord  mayor,  and  the 
rest  of  Che  petitioners,  from  sir  Peter  Rich,  and 
otheis,  do  lie  upon  the  taUe  ;'  but  not  to  go 
bsrdy  off  so,  f Vmt  tney  have  done  notoriously,  and 
I  cannot  believe  that  men,  able  to  make  a 
common  bargain,  should  give  up  their  sense  and 
reason  in  that  manner.  This  was  not  done  only 
against  the  city  of  London,  but  against  the 
whole  kingdom,  and  if^ou  are  not  bound  to 
^ve  particoiar  reparation  to  the  |>erBons  in- 
jured, you^  are  to  the  public,  and  m  the  mean 
time^  to  remove  the  person,  sir  Peter  Hicb,  from 
your  company. 

Sir  Christ.  Muagrave,  When  a  bill  is  brought 
in  for  satisfaction  of  injury  done,  it  is  strange 
that  a  gentleman  should  start  another  question. 
If  yon  talk  of  removing  people,  it  is  a  strange 
Ihmg.  Reep  us  to  a  question.  This  Petition 
sets  out  *  that  the  petitioners  can  have  no  re- 
medy in  the  exchequer,'  and  you  are  told  of  the 
pni&nce  of  it.  Will  it  be  au  act  of  prudence 
to  give  reparation,  when  they  may  have  it  out 
of  the  exchequer  ?  The  question  is,  whether 
tfa^  shall  have  a  bill,  or  not  a  bill  P 

The  Petition  was  read,  and  Musgrave  was 
■Dsiaken  in  tbe  contents. 
^  Sr  Robert  Rich.  I  see  nothing  in  tbe  petition 
as  is  alledged.  I  see,  virtue  is  virtue  still, 
tfaoogfa  it  wants  encouragement.  It  is  plain, 
tbo  nelitiooeis  can  have  no  remedy  but  here, 
but  ty  an  innuendo;  therefore  pray  put  the 
questiOD. 

8eQeant  Maynard,  If  these  gentlemen  will 
thruil  tbemaelves  into  the  office  of  sherifib,  and 
have  Hiade  returns,  they  have  meddled  with 
wbattfiey  had  nothing  to  do.  Whether  right- 
fidly  sheri£&y  or  de  facto  only,  that  alters  the 
caie.  Whenever  you  will  have  jtistice  against 
thekiug,  yoamustgoto  the  exchequer  for  it. 
Jierer  sn  jbogIi  injury,  and  no  remedy  there  ? 


When  they  come  there,  the  barons  arebonnd 
to  give  judgment  in  restitution.  Th«r  only 
way  is  ta  send  out  a  Mrrit  to  the  tally-offioe  ^ 
pay  the  money .  Upon  the  whole  matter,  leave 
them  to  have  their  nberty  to  have  an  action  of 
law. 

The  question  for  bringmg  in  a  BiH  to  make 
reparation  to  the  Lord  Mayor,  and  the  rest  of 
the  Petitioners,  oat  of  the  estates  of  the  per- 
sons mentioned  in  tlie  petition,  was  carried  in 
the  negative,  169  to  163.*  [4  Cobb.  Pari.  Hist. 
341.] 


*  The  free  election  of  officers,  particularly 
sheriffs,  in  London,  has  always  been  a  subject 
of  much  jealousy.  See  the  Case  of  the  Quo 
Warranto,  vol.  8,  p.  1039,  of  this^CoUeotion. 
See  also-  London's  Liberty  in  Chains  disco- 
vered, and  the  Postscript  to  it ;  both  pablished 
by  John  Lilbum,  in  October  1646.  Uindon's 
Liberties,  or  a  learned  Amiment  of  Law  and 
Reason,  upon  Saturday,  December  14,  1650, 
before  the  Lord  Mayor,  Court  of  Ald^men 
and  Common  Council,  at  Guildhall,  London, 
between  Mr.  Maynard,  Mr.  Hales,  and  Mr. 
Wilde,  of  counsel  for  the  Companies  of  Lon- 
don, and  major  John  Wild  man  and  Mr.  Joha 
Price,  of  counsel  for  the  Freemen  of  London,' 
wherein  the  freedom  of  the  citizens  of  London 
in  their  elections  of  their  chief  officers  is  fiilly 
debated,  the  most  ancient  charters  and  records 
of  the  city  examined,  and  tbe  principles  of  just 
government  cleared  and  .vindicated.  Published 
1651.  The  Liberties,  Usages,  and  Customs  of 
the  city  of  London,  confirmed  by  especial  acts 
of  parliament,  with  the  time  of  their  confirma- 
tion,, also  divers  ample  and  most  beneficial 
charters  sfranted  by  king  Henry  the^tfa,  king 
Edward  the  4th,  and  king  Henry  the  7tb,  not 
confirmed  by  parliament,  as  tbe  other  cbarten 
were ;  and  where  to  find  every  particular  grant 
and  confirmation  at  lar^e.  Published  1674. 
The  Privileges  of  the  Citizens  of  Loudon,  con- 
tained in  the  charters  granted  to  them  by  the 
several  kings  of  this  rodm,  and  confirmed  by- 
sundry  parBaments  comprehending  the  whole 
charter,  only  words  of  torm  left  out.  Now, 
seasonably  published  for  general  information, 
upon  the  occasion  of  the  Quo  Warranto  brought 
against  tlie  said  city.  A  Modest  inquiry,  coo- 
cerning  the  election  of  the  sheriffs  of  London, 
and  the  .right  of  chusing  demonstrated  to  be- 
long unto,  and  to  have  been  always  adjudged 
to  reside  in  the  lord  mayor,  the  court  of  ai<fer- 
men,  and  the  comimwi  ball.  The  Lord  Mayor 
of  London's  Vindication,  being  an  answer  to  a 
pamphlet  entitled^  *'  A  Brief  Collection  out  of 
the  Records  of  the  City,  touching  tbe  electioii 
of  Sherifis  for  tl^  Cityof  London  and  County, 
of  Middlesex,"  &G.  The  last  three  published 
in  1683. 


299]    STATE  TRIALS,  95  CiiABi.B8  II.  l$ad.— 3Vb/  0/  Sir  Paiku$  Ward,    [50O 


892,  The  Trial  of  Sir  Patience  Waed,  knt*  at  the  KingVbencht 
for  Perjury  at  the  Trial  between  the  Duke  of  York  Platntiflf, 
and  Thomas  Pilkington,  esq.  Defendant^  on  an  Actionf  upon 
the  Statute  De  ScandaUs  Mognatum :  35  Charles  IL  a.  d« 
1683. 


The  Jury  were,  Sir  Tk^mas  Biidi(«s,  kt 
Henry  ReyneU,  Thomas  ileixiott,  Thomas 
Airsby,  Ridiard  Paffet,  John  Foster,  Tbemae 
Eaglesfield,  Edwara  Maplesden,  John  Sharp, 
esquires.  James  Suckle,  JobttOHngna',  Richard 
Fisher,  sentlemeD. 

An  Iinormation  bad  been  preferred  by  the 
Attorney  General  a^fainst  sir  Patience  Ward, 
for  that  he  had  maliciously  and  witiully  per- 
jured bhpseil*  in  the  court  of  King^s-bench, 

*  See  sir  John  Haivles's  reference  to  this 
Case  in  toI.  8,  p.  442. 

.  t  '^  In  this  action  the  duke  of  York  had  re- 
covered 100.000/.  damafi^es.*'  Former  edition. 
Of  this  trial  between  the  duke  of  York  and 
Mr.  Pilkington  no  circumstantial  report  has 
been  found;  notwithstanding  it  appears  from 
Blaney's  testimony  in  this  &ae  that  he  took 
■mes  of  h.  Sir  Kichard  Bulstrode  ^em.  p. 
381)  says,  **  The  jurj^  were  all  gentlemen  of 
eniasty  of  Hertfordshire  (which  county  Mr. 
Pftkingrton  had  chosen)  and  they  stive  his 
foyal  highness  100,000/.  damage,  which  will 
doubtless  teach  tfactieos  persons,  who  have  lived 
«f  late  with  so  much  licence  in  their  discourses, 
to  govern  their  tongues  better.*' 

Narcissus  Luttrell  (MS.  in  the  library  of  All 
tSouls'  college,  Oxibrd)  thus  mentions  the  trial: 

«<  N9V.  4tb,  1688.  The  duke  of  York  hay- 
ing some  lime  since  brought  a  Scaadalum 
Maguatom  against  Mr.  Pilkington,  for  words 
ppBtonded  to  be  snoken,  and  the  same  is  to  ceaie 
to  a  trial  at  the  Ring^s-beoch  bar  this  term. 

f  <  Nev.  94th,  was  a  trial  at  the  King's-bendi 
bart  in  an  adieii  of  Soandalum  Mmnlnm, 
brodght  by  Uie  duke  of  York  against  Mr.  Pil- 
kington, lite  sheriff  ef  London,  for  words 
spnlbeD  by  the  said  Mr.  PiUoMfton ;  it  was 
tried  by  a  jury  of  the  county  of  Hertford;  the 
worda  were,  *  He  had  bamt  tbe  dty,  and  was 
<  D#w  come  to  cntthe  cttizfens  throats.'  The 
words  were  positnreHr  sworn  by  sir  Heniy 
Tidse  and  sir  Wm.  dooksr,  two  aldermen  of 
London,  to  be  spekeB  at  Guildhall,  at  a  nieeting 
of  the  eourt  er  aMermea,  ia  order  to  wait  on 
his  malesly  to  eongretalate  liim  an  his  safe  re> 
tarn  mm  Newmarket,  and  the  duke  on  his 
retani  from  Scotland. 

>  **  Mr.  PUkngton  made  very  little  defence, 
so  that  the  hbrd  Chief  Justice  told  the  jury 
that  if  they  believed  the  evidence,  they  must 
find  for  the  plaintiff;  so  t^at  the  jury*  after 
coing  from  the  bar  about  a  quarter  of  an  houi, 
found  for  the  plaintiff,  and  gave  100,000/.^a- 
mages,  the  full  daniagea  hud  in  the  declara- 
tion." 


upon  the  trial  between  the  duke  of  York,  and 
Tnomas  Pilkias^on,  esq.^  to  wUcb  the  de- 
fendant pleaded  Not  Chulty,  and  waa  tried 
May  19. 

Cryer,  Oyez  r  Ifany  man  will  give  evidenen 
on  the  behalf  of  our  sovereign  lord  the  king, 
a^inst  the  defendant  rir  Patience  Ward,  let 
htm  come  forth,  and  lie  shall  be  heard. 

Mr.  Dolben.  May  it  please  your  lordslup, 
and  yon  gentlemen  that  are  sworn.  This  is  an 
information  of  Penury  prel^rred  against  sir 
Patience  Ward.  Whereas  the  most  Sluslrioua 
James  duke  of  York  brought  an  action  c^on 
the  statute  De  Scaadalis  Magnatum  agamst 
Thomas  Pilkington,  wherein  was  dedared, 
that/  whereas  he  was  the  only  brother  to  oar 
sovereign  lord  the  king,  the  said  PiHdngton 
did  speSc  iu  the  hearing  of  divers  ef  his  ma- 
jesty's liege  subjects,  these  Icdse  and  scandalooa 
words,  <  He  hath  burnt  the  city,*  (meaning 
the  citf  of  London)  *  and  is'  (meaning  the  arc 
duke)  '  come  to  cut  our  throats.'  Gentlemen, 
the  inibrmation  sets  forth  further,  that  the  de- 
f4»daBt  Pilkington  pleaded  he  was  Not  Gkiilty, 
and  that  upon  tne  tnal  of  this  issue,  sir  Patience 
Waid  was  produced  as  a  witness  upon  the  be- 
half of  the  defendant  Pilkington ;  and  that  the 
said  sir  Patience  Ward  then  and  there  was  duly 
sworn  to  s[ieak  ^  truth,  the  wbde  HwAi,  ana 
nothing  but  the  truth,  in  die  nremises ;  and 
thatthe  said  sir  P.  Ward  did Msely  and  eor- 
niptly  swear  and  give  in  evidenee  to  the  jurors 
empannelled  to  try  the  issue  aforesaid,  '  That 

*  there  was  no  mention  at  the  time  of  this  dia- 

*  ooone  aforesaid  had  between  the  said  Thomas 

<  Pilkington  and  divers  of  his  mije^y's  soh- 
ejects,   concerning  the  said  James  we  of 

*  York,  that  there  was  no  mention  ef  en(tiD|r 

<  of  throats,  and  that  before  Mr.  PilkingtOB/ 
dttg  the  said  Thomas  Pilkittgtea)  ^  camt 
(meaning  the  time  when  the  diseanri| 
aid  was  had)  *  the  discourse  abont  the 

« duke  of  York  was  aver ;  and  farther,  that 
'  the  duke  of  York  was  not  named,'  (mean* 
ing  at  ^t  time  when  the  (hsoomee  afrcesaid 
was  had)  whereas  m  truth  at  Ui^itfmeiioae 
there  was  mention  of  catting  of  'ihroats ;  aad 
whereas,  before  Mr.  Pilkin^eik  Caftne  in,  the 
discourse  conceraing  the  duke  of  York  was  net 
ended ;  and  whereas  the  said  di:dce  ef  York  wan 
jiamed  at  the  time  when  die  di^dc^itse  afore- 
saio  was  had,  so  that  the  said  ^ir  Patienon- 
Ward  in  the  case  aforesaid  did  commit  wilful 
and  flat  perjury. 

Attorney  General  (sir  Robert  Sawyer).  My 
lord,  and  you  sentlemen  of  the  jury,  ^r  Pa- 
tience Ward  tne  defendant  stands  accused  for 
perjury,  committed  in  a  cause,  that  was  be* 


m« 


STATE  TRIAXS»  35Chablbs1L  i6S3.^f&r  Perfmy. 


9011 

timtbeiiikBof  YwkpteiDliff,  andMr.Pil- 
tdmgtoBL  defiBodaol,  and  in  Ibmft  cave  Mr«  Pil- 
kiogtaa  was  acOTsed  to  have  apoken  false 
wwds  of  flie  duke  of  York,  <  He  bath  burnt 
'  our  city,  and  is  come  to  cut  oar  tbroats ;'  to 
ewsae  tbia,  sir  Patience  Ward  he  comes,  and 
sweaiB  poaitiTeljr,  first,  That  the  duke  of  York 
was  not  mentioned  in  tho  discoaise,  and  there- 
fore those  words  could  not  be  meant  of  the 
doke  of  York ;  this  little  evasion  we  do  not 
trouble  you  with ;  but  tfa^  related  to  one  Hu<> 
beat,  haittcd  many  yean  before ;  howcFer  we 
wOl  lay  that  wide,  and  not  trouble  you  with  it. 
Tbe  next  dunect  matter,  which  proves  it  was 
mafidoosly  done,  tbat  he  was  so  ill  a  man,  and 
that  he  had  spoken  such  words,  he  swears, 
Tbat  all  the  discourse  relating  to  the  duke  of 
York  was  over  before  Pilkin^n  came  into  the 
room.  This  allegation  is  directly  false,  he 
swears  poaitivdy,  *  there  was  no  mention  made 
<  of  cutting  throats.'  Gentlemen,  we  will  first 
ytowe  unto  you  the  words ;  then  we  will  prove 
unto  you  4a^  they  were  folse,  for  Pilkingfeon 
iKd  speak  these  words  of  the  duke  of  York. 
CSemfiemen,  we  will  leave  it  to  tou  whedier 
tins  gentleman  hath  not  forsworn  nimseJf. 

Serf.  Jdgtriu,    If  it  jplease  your  k>rdship, 
and  you  gentkmen  of  the  jury,  I  must  needs 
«^,  tiiat  this  is  a  cause  ot  very  great  conse- 
quence of  one  side  and  the  other;  it  concerns 
a  very  great  person,  a  man  that  has  been  lord 
mayor  jof  London,  and  I  think  is  still  an  alder- 
iBttiof  liondon;  it  is  in  its  own  nature  of  very 
great  consequence,  it  is  no  less  than  the  cbarg- 
ing  him  with  the  crime  of  vrtlfnl  perjury ;  it 
romcs  to  a  public  audience,  as  it  was  very  re- 
qowte  it  should.    Tbe  crhne  we  chttr^  this 
leman  with  was  committed  in  this  veiy 
»,  in  the  fiu»  of  this  court,  and  I  ^ink  to 
admiration  and  astoniafament  oif  aU  perMns 
that  heard  this  gendeman  swear  at  that  very 
time:  and  therefore,  that  the  thiivmay  lie 
biteffigible  to  these  gentlea^,  I  Aall  crave 
tour  mrd^p's  patience,  to  give  an  account 
unrthiamMerwas;  Tins  matter  was  attended 
widi  ctpcumstances  of  maKoe,  which  shew  it 
VIS  not  a  stip  in  evidence,  but  a  malicious  per- 
jVBig  hiniaelf,  gentlemen ;  and  tiiey  are  these: 
Upon  his  royd  highness's  return  out  of  Soot^ 
lead,  and  coming  to  Newmariket  to  his  mi^esty, 
a  vCTy  loyal  ffcndeman,  then  lord  mayor  of 
London,  sur  John  Moore*  by  name,  with  some 
odier  persons,  that  I  hltve  m  my  eye»  had  it 
io  project,  as  it  became  them  to  do,  to  so 
gnat  a  prince  as  he  was,  to  wait  upon  him. 
fty  lord,  tiiCK  being  this  design  of  tiie  alder- 
men and  lord  mayor  to  attend  upon  his  royal 
higbneas,  to  congratttkkte  his  arrival  from  ScSpt- 
laad ;  in  <»der  there  to,  vpon  a  special  courtday, 
iKA  was  an  order  made,  that  the  lord  mayor 
andildemen  afaoidd  attend  his  m^ea^,  to  de* 
Melnslettn!,  that  they  ndght  come  and  at* 
lend  fikewise  bis  royal  highness,  to  congralO'* 
htfe  luB  late  arrival.    This  I  think  was  vpon  a 

*  See  Northip  meae^  of  him,  p.  188>  #r 
this  Yolume. 


[3oe 


special  court,  before  they  went-to  church,  upon 
a  Sunday.  In  order  to  this,  there  happened 
another  meeting  of  the  lord  mayor  and  alder- 
men,» to  prosecute  this  design  of  their's,  to  wait 
upon  his  royal  highness,  to  rongratulato  hia 
anrival ;  and  thereupon  an  intimation  was  given 
to  sir  Patience  Ward,  with  one  of  the  sh€riffi^ 
Piiklngton,  of  their  intentions*  At  which  time^ 
sir  William  Hooker,  and  another  worthy  gen- 
tleman, sir  Harry  Tulse,  happening  to  be  to* 
getiier  in  a  place,  ^which  I  presume  some  oT 
you  do  wdl  know,  in  the  long  gallery  or  anti* 
chamber  to  the  council  room,  where  the  lord 
mayor  and  aldermen  most  usually  sit,  scmto 
discourse  arose  touching  the  ocoaaion  of  their 
then  meeting ;  whereupon  a  question  was  pro« 
posed,  Whether  thev  should  wait  upon  iiia 
royal  highness  or  not  r  One  of  these  gentlemeQ 
was  pleased  to  say,  at  that  time,  that  it  was  ^oo 
late  now  the  court  had  determined  it,  there  be* 
ing  then  present  this  sir  P.  Ward,  and  these 
two  gratlemen  alon^  with  Mr.  Pilkingt^n  then 
sheriQ^  who,  in  obiection  to  tbe  proposal  of 
waiting  upon  the  duke  of  York,  (after  this  di»t 
course  was  over,  and  after  they  had  mentioned 
the  duke  of  York's  name  to  him)  said,  *  He 

*  hath  burnt  the  ci^,  and  is  now  come  to  cut 

*  tbe  throats  of  our  wives  and  children.'  This^ 
gentlemen,  Was  to  deter  and  fright  the  otbcn 
from  going,  and  given  as  a  reason  why  he 
would  not  fl^  to  attend  the  duke  of  York.  My 
lord,  this  tmng  happening  thns,  an  actiiurwaa 
brought  for  this,  and  came  to  a  trial  befora 
your  lordship.  It  is  very  true,  in  that  trial  wa 
did  only  produce  sfar  Harry  Take,  that  wai^ 
present,  and  he  swore  to  all  the  words  abom 

*  homing  tbe  city,'  and  likewise  to  the  <  cutting 
'  of  throats.'  But  sir  Patience  Ward,  without 
any  mannte  of  hesitation ;  nay,  and  not  only 
that,  (I  appeal  to  ^  memory  of  those  tbat 
heaid  him  swear  at  that  time)  but  boasting 
himself,  as  having  as  good  a  memory  as  any 
man  in  England,  (though  he  was  cautioned  at 
that  time  to  have  a  care  what  he  swore)  did 
positively  say,  *  The  duke  of  York  waa  not 

*  named  after  Pilkington  was  there;  thattha 
<  discouTBe  of  the  didce  of  York  was  done  be- 

*  fore  he  came  in.*  He  doubled  his  evidanco 
on  purpose  to  make  tbe  thing  moi'e  plain.  But 
afterwards,  when  it  came  a  littie  frvtfaerto  ba 
disoaursed  of,  I  appeal  to  the  memory  of  the 
court,  and  the  gentlemen  at  the  bar,  whether 
he  did  not  flutter  about  in  St.  James's  Bark, 
and  out  comes  Hubert ;  the  duka  of  York  waa 
not  aan^,  but  Hubert,  Hubert^  I  elaj^ped  my 
band  upon  his  mouth,  says  f  ,  you  jnam  Hu- 
bert, and  ao  we  had  got  Hjabert  into  the  causa 
on  purpose  to  shuffle  out^e  business  about 
the  duke  of  Yorlc  My  k)id,  after  this  (I  do 
it  to  refiposh  the  menort  af  ihe#e  jfentlemdi) 
be  sraa  positive,  asdaaiia,  <  I  do  positively  say, 

*  there  was  pat  a  word  of  ctitting  of  throats,* 
ef^tolhesarprite  not  only  of  all  the  audi- 
tors, but  even  of  all  those  people  that  wera 
concerned  hi  aflbetion  for  him^ -a^  well  as  they 
who  were  engaged  in  the  cause  ,that  they  wera 
toauppaK.   ilylord,iathefix8tphaa,wawi& 


SOS]    STATE  TRIALS,  35  jCu  arlbs  II.  l'6$3.~rrta/  «^  Sir  Pailmce  Ward,    [SM 

gtvte  you  an  aocount,  that  it  was  a  desired  *  pradict.'  Now  if  the  fint  had  been  *  Anoo 
and  malicious  eridence,  necessary  for  the  bring- 
ing off  that  man,  for  if  there  was  not  a  word 
tnoken  of  the  duke  of  York,  then  our  ac- 
tion was  no  action  ;  if  there  was  not  a  word 
qioken  of  '  cutting  of  throats,'  then,  of  oonse- 
/quenoe,  the  verdict  must  have  been  against  us ; 
and  therefore  finding  there  was  but  one  evf- 
denoe,  which  was  sir  Harry  Tulse,  against  his 
evidence,  that  nuule  him  swear  so  positively ; 
but  afterwards  your  tordship  may  please  to  re- 
member, we  called  sir  Wm.  Hooker  (a  gentle- 
man of  well  known  integrity)  to  preserve  the 
credit  of  so  great  a  prince,  maiigre  the  malice 
of  «aU  his  enemies.  I  speak  this  to  shew  it  is 
1^  it  is  necessary  to  clear  this  cause.  In  the 
fiimt  place  we  will  prove  what  is  recited  in  this 
record,  and  give  you  an  account  what  this  per- 
son did  swear  at  the  time  pf  the  trial.  The 
matters,  that  I  have  opened,  1  think  they  will 
sufficiently  satisfy  the  court  and  the  jury,  as 
they  dM  satisfy  tiie  jury  beibre,  that  what  sir 
Patience  Ward  swore  then,  is  false  now,  and 
is  fiJse  then. 


The  Record  of  Pilkington's  Tiial  read. 

8eij.  Jejgs:  Read  the  Information.  The  Re- 
cord was  '  Anno  prsBdicto,'  but  when  it  was 
'recited  in  the  Information,  it  was  *  Anno  ultimo 

*  supradKto.' 

Mr.  Ward,  It  is  necessaiy,  when  we  come 
by  way  of  recital  of  the  record,  to  recite  the 
very  words  in  the  record,  now  in  the  record  it 
is  '  Anno  pnedicto.' 

>    Mr.  WitlUms^    M^^lord,  they  are  reciting 
the  record. 

X.  C,  J.  (sir  £dm.  Saunders).  The^^  do  not 
recite  it  <  in  haec  verba,'  the  substance  is  true, 
the  words  are  varying  from  the  record,  in  the 
record  they  are  *  Anno  prodicto,  but  in  the  re- 
dtel,  /  Anno  ultimo  supradicto.' 

Mr.  Wiliianu,  That  is  not  the  same  in  sub- 
stance as  to  say  '  Anno  predict'  *  the  year  be> 
^  foresaid,*  there  are  many  '  Anni  preBdicti,'  and 
that  may  refer  to  any  of  them ;  if  there  had 
been  but  one,  it  might  have  been  so,  but  when 
there  are  several  years  mentioned  before,  *  Anno 
^  ultimo  pnedict.  restrains  it  to  the  last  year 
^  pnedict.' 

•  Att.  Oen.  X0a  may  spend  as  much  time  as 
you  win ;  in  the  first  record  there  was  but  one 
year  mentioned. 

Mr.  R«ror«ier  (sir  George  Treby).  That  the 
city  of  London  vras  burnt  in  the  year  1666 ; 
that  was  one  year  mentioned  before,  I  am  sure. 

Att  (xen.  There  are  several  years  men- 
tioned  in  this  record;  there  we  must  say  *  ul- 
<  timo  prndiot' 

X.  C.  J.  The  dipectaon  is.  That  whereas  it 
was  in  the  Record  *  Anno  prcedict.'  here  you 
have  more,  and  when  you  recite  '  Anno  pne- 

*  diet.'  you  add  *  uhimo.' 

S«j,J<^.  We  could  not  do  it  otherwise,  my 
lord. 

L,Q.J.  Asifathi|igeo|iM90tbe»«reUez- 
oepl  it  wove  in  sach  pitcise  words:  Thatwas 

•  Aum  prvdmk,*  I  tUi»  yo«  say^  is «  Amp  ultimo 


*  ultimo  sQpradict.'  and  in  this  you  had 

*  Anno  prMict.'  when  several  were  mentioned, 
then  it  might  have  been  an  objection ;  now  h 
is  not. 

Serj.  Jef,  If  sir  Patience  had  been  as  enct 
in  swearing,  as  you  are  in  observing,  be  had 
done  well  enough. 

.   Call  Mr.  Hatch.   [Whowasswom.3 

Mr.  Williami.  Pray  let's  know  your  name, 
sir  f^Hatch,    My  name  is  Hatch. 

Serj.  Jeff,  Pray,  was  you  present  at  the  trial 
between  his  royal  hi^meas  and  Mr.  TH" 
kfngton  ? 

Hatch,   Yes,  my  lord,  I  was  present 

Seij.  Jeff,  Was  sir  Patience  Ward  produced 
as  a  witness  ? 

Hatch,   %  Patience  Ward  was  sweni. 

SeQ,Jeff,    What  did  he  swear  ? 

Hatch,  He  did  swear,  upon  his  oath,  Tliat 
the  sheriffs  were  not  present;  that  there  were 
some  aldermen  at  the  table  in  the  matted  gal- 
lery in  Guildhall  smoking  a  pipe  gf  tobacco, 
and  that  they  bad  some  discourse  about  wait- 
ing upon  the  king  and  tlie  duke,  pursuant  i» 
an  enter  from  my  lord  mayor  the  day  before, 
and  he  said,  die  sheriffs  were  not  present. 

B&^.Jef,  What  sherifls.^ 

Hatch,  The  sheriff:  and  he  did  afterwards 
say,  he  did  positively  affirm,  upon  his  oetb^ 
that  Pilkington  did  not  come  in  till  all  the  " 
course  was  over  about  the  duke. 

8e^,Jeff.   What  did  he  say  about 
throats  f 

Mr.  Williams.  Ck>od,  Mr.  Serjeant. 

Mr.  Jonet.  You  say  he  positively  sai  , 
was  no  discourse  about  the  duke  01  York 
PiUdngton  came  in. 

Hatch.  But  then,  after,  my  lord,  be  said ;  I 
do  positively  affirm,  upon  my  oatb,  that  Pil- 
kington did  not  come  in  till  all  the  discourse 
was  over  concerning  the  duke  of  Yotk.  And 
tiirther,  there  was  cnsoourse  about  burning  tbe 
city  by  the  Papists,  saith  Pilkington,  He  balk 
burnt  the  city;  with  that  sir  Patience  Ward 
took  him  by  the  shoulder,  saying,  £iplaiB 
yourself:  What!  you  mean  Hubert,*  I  was- 
cant  you?  Yes,  said  he.  He  l>eing  asked  the 
question.  Whether  any  thing  of  the  duke  was 
named,  he  said.  No :  And  iiurther,.  Whether 
there  was  not  any  mention  of  cutting  of 
throats,  he  did  positively  say.  There  was  no 
mention  made  of  cuttii^  of  throats. 

Mr.  Williams,  Mr.  Hatch,  Where  were  yoa 
placed  at  the  trial  ? 

Hatch,  At  the  trial,  Mr.  Williams,  I  stood 
just  there. 

.  Mr.  WilUof/u.  Had  you  a  pen  and  ink  about 
you?— IfttfcA.  Yes,  «r,  I  write  characters. 

Mr.  WUliam,  Pray,  Sir,  f^id  you  take  tbf 
words  in  writing  then,  or  no,  in  the  court? 

Hatch.  I  believe  I  might,  I  canpotpoai* 
tivdy  tell. 

*  See  the   £zaminatioos  concerning  di* 

Firing  of  London,  voL  6,  p.  OOf  >  ^^^  C<^ 

lection. 


t05] 


STATE  TRIALS,  55  Cmabies  II.  l$S$.^/iir  P^xjmy. 


[SOi 


Hr.Tkampmm.    Ht^yooyonrnotas  htte?  |     Aston-   I  wte  mifMit  ia  tke  c«nH  that  dty, 
HMck.    I  Ihittk  I  hare  not.  and  I  do  remember^  that  air  Patience  Ward 

Mr.  ^TNinjjMNi.    A  nuwof  agood  iB«nory. 
fioj.  Jtjf,   We  hare  a  matter  of  aome  SO  or 
40  wiiBeaaea :  do  not  make  aucfa  a  rout 


Mr.  PoUtxftn.  Mr.  Hatch,  you  are  repeat  - 
iaf  what  air  P.  Ward  said ;  Did  he,  in  that 
endence,  meatioo  the  duke  of  York,  or  not  ? 

Hmick.  He  aaid,  there  was  discourse  about 
gpting'  to  the  king'  at  St.  James's,  Imt  not  to 
die  dttke.  Sir  George  Jefferies  asked  him 
that  reiT  oneslion. 

Mr.  PoAexfeu,  Let  him  now  repeat  the  evi- 
teee  whic^  he  swore  just  before. 

Serj.  Jeffl  J  thou^^ht  that  would  not  have 
heeo  such  a  mighty  question  at  this  time  of 

Mr,  WiilUum.  I  desire  he  may  say  again 
wkst  was  sworn  by  sir  Patience  Ward. 

&etj,Jeff.  Begin  and  repeat,  8ir,  hi  what 
nmoaer  he  swore,  in  the  rery  same  form  be 
^aketbes. 

Haich.  Sir  Platienoe  Ward,  being  sworn 
and  examineil  upon  the  account  of  Mr.  Pii- 
-kington,  did  say.  That  there  were  some  aldier- 
meo.  met  at  tne  matted  gallery,  the  matted 
chamber  in  Cknldliall,  and  smoking  a  pipe  of 
tobacco,  and  there  was  discourse  of  waiting 
vpoB  the  kipg,  and  ^e  duke,  pursuant  to  an 
order  of  the  lord  mayor  the  day  before ;  and 
being  naked.  Whether  Mr.  Pilkington  was  not 
mesent,  he  said,  Tlie  sheriffs  were  not  present, 
4at  at  tke  court  of  taking  lioeoses  in  Guild- 
hall, and  that  there  was  a  discourse  about 
bnniing  the  city  by  the  Papists,  and,  says  Mr. 
Pykington,  Hath  ne  burnt  the  city  ?  fiatb  be 
burnt  Uie  city  P  Upon  that,  sir  Patience  Ward 
took  him  by  the  shoulder,  and  bid  him  explain 
htBMelf :  Yon  meant  Hubert,  I  warrant  yon, 
aaitk  he.  Yes,  saith  Pilkington ;  and  being 
asked,  Whether  there  was  any  discourse  about 
die  dnke  of  York,  he  said  No  ;  but  positively 
said,  that  there  was  no  mentioD  made  of  cutting 
afthnHlts. 

i^en  Mr.  Boiton  was  sworn. 

Mr.  Wiilmmt.    Your  name.  Sir. 

Boxton.    My  name  is  Boxton. 

Sei).  /e^f'  ^'*  Boxton,  will  you  tell  my 
loid  and  the  jury,  whether  you  remember  what 
was  said  by  sir  Patience  Wai-d  ? 

Boxton,  My  lord,  I  was  present  at  his  trial, 
1  happened  fb  return  the  jury. 


Sttj.  Jej^.    Pray  will  you  tell  my  lord  and     you  can  say  ? 


the  jary,  what  was  said  by  sir  Patience  Ward? 

Bourses.  My  lord,  I  was  present  at  tiiis  trial, 
baring  returned  the  jury  that  was  to  try  that 
cause  of  bis  royal  hignness:  I  wasalioyeui 
the  ffaDery,  and  I  could  not  so  well  understand 
it ;  but  as  that  gentleman  said  before,  he  was 
ming.  He  heanl  no  mention  made  oi'  cuttuig 
orthroats ;  1  cannot  say  the  very  words,  for  I 
Ifwk  DO  notes. 

Williams,    Yon  were  in  the  gallery  than  ? 

Bortfm.    Yea,  Sir. 

Serj.  Jef.  Pray^  Mr.  Aste*  I  Ihiak  yon 
VMprestet« 

VOL. 


did  swear,  I  think  positively,  to  the  best  of  my 
remembrance,  U^t  *  the  duke  of  York  was  not 

*  named  while  Mr.  Pilkington  was  by.'    That 
if  411 1  do  remember. 

Serj.  Jeff.  What  do  yon  mean  by  *  posi* 
<  tively  f '* that  be  used  tne  word  *  posttivdy  ?' 

Aston.   I  think  I  am  pretty  sore  he  did  takft 
it  poffltively  or  upon  his  oath. 
I     Mrj.Jeff   What  did  he  take  positively  f 

Aston.  That  the  duke  of  York  was  a«t 
named  while  Mr.  Pilkington  was  by. 

Serj.  Jeff.  Do  you  remiember  any  thing  dee  ? 

Astim.  As  to  *  cutting  -of  throats,!  I  do  not 
remember  it.  Several  people  have  asked  me, 
and  I  gave  them  that  relaUon,  or  else  I  be- 
lief e,  that  bad  been  out  of  my  mind. 

Mr.  Wood  sworn. 

Serj.  Jeff.  3Ir.  Wood,  pray  wiD  yon  give 
my  lord  and  the  jui^  an  account  of  what  you 
heard  sir  Patience  Ward  swter,  in  the  cause 
between  his  royal  highness  and  Mr.  Pilkington. 

Wood.  My  lord,  I  was  in  court  when  sir 
Patient^e  Ward  gave  evidence  for  Mr.  Pil- 
kington, and  I  heard  sir  Patience  Ward  say. 
that.  *  tb^  duke  of  York  was  not  named ;'  ana 
that  ^  the  discourse  concerning  the  duke  was 

*  over  before  Mr.  Pilkington  came  in,  and  that 

*  there  was.no  mention  of  cutting  of  throats.' 

Mr.  Jones.  Did  he  swear  tliese  things  posi' 
tively,  or  as  he  believed,  or  heard  P 

Wood.  To  tlie  best  of  my  remembrance,  I 
think  he  clapt  his  hand  o])on  his  breast,  and 
said '  positively  there  was  no  mention  of  cutting 
'  of  throaU?' 

Att.  Gen,  Do  you  speak  of  your  best  re- 
membrance as  to  his  posture,  or  to  the  wordP* 

Serj.  Jeff.  Did  be  say  that  word  *  positively  ?• 

Wood.  To  the  best  of  my  remembrance,  ha 
said  <  positively,'  or  *  upon  my  oath ;'  out  of 
them  he  did  say,  I  cannot  tell  which.  f 

Sif}.  Jeff.   Jbither  he  said  *  oositivdy,'  or 

*  upon  my  oath.'  Now,  my  lord,  if  your  lord- 
ship pleases,  we  have  given  your  lordship  and 
the  jury,  a  sufficient  account  bow  positive  this 
gentleman  was ;  but  as  positive  as  he  was  at 
that  time,  we  will  give  you  an  account,  that 
h^  did  forsweajr  himself. 

Swear  sir  James  Smith  (which  was  done.) 

Att,  Gen,  Pray  will  you  tell  the  court  what 


Sir  /.  Smith,  I  did  lUtle  think  to  be  called 
to  g:ive  any  evidence  upon  tlie  account  of  sir 
Patience  nard,  considering  the  relation  that  is 
between  us,  as  akiermen.  I  did  not  take  par- 
ticular notice,  but  1  do  remember,  that  lie  nsed 
that  kind  of  posture  ae  they  say,  and  did  '  po^ 
'  silively,  or  '  upon  his  oath,'  say,  I  cannot  bft 
certain  of  the  words  he  nsed,  that  Mr.  Pil- 
kington was  not  there  while  they  were  dis* 
coursing  concerning  going  to  St.  James's,  i^r 
he  did  deekre,  the  duke  of  York  vrm  not 
talked  of,  and  I  do  remember  a  rery  good  cir- 
•umstiDfit  that  b«  did  0w#ar  jo,  w  my  lord 

X 


toil    STATE  TRIALS,  ;55  Charles  II.  l685.-.7Ha/  0/  Sir 


Wordy  [3(» 


chief  justice.Pemberton  was  pleased  to  apply 
bimseif  to  sir  Harry  Tulse  upon  it ;  aod  I  re- 
member sir  Harry  Tulse  made  answer,  '  J  am 

*  very  sorry  to  say  it,  he  was  there  all  the 

*  while.' 

Att.  Gen,  Bid  you  hear  any  thing  about 

*  cutting  of  throats  r 

'    '8ir  X  Smith.   I  do  not  remember  that. 

Sir  William  Rausieme  sworn. 

Scrj.  Jeff.   What  say  you,  sir  William  Raw- 
f  teme  l** 
Su*  Wm.  Razcsterne.   My  lord,  I  was  h&e^ 
^  biit  I  took  no  particular  notice,  but  I  do  re- 
member, that  sir  Patience  Wanl  did  say,  that 
the  duke  was  not  named  when  Pilkington  was 

-  in  the  room ;  I  can  say  nothing  else. 

Mr.  Jones.   Did  you  hear  him  swear  it  ? 

Sir  Wm.  Raw$terne.    Yes,  Sir. 

^ij*  J^ff'  Sir  James  Smith,  did  he  swear 
itupon  his  oath? 

Sir  JC  Smith.  My  IcMtl,  I  said  before,  I  can- 
aot  say  the  word  he  expressed  it  in,  but  either 

*  positively,*  or  *  upon  his  oath,'  he  was  not 
there  all  the  while  that  discourse  was. 

Mr.  Ptdlexfin.  First  he  says,  the  discourse 
was  of  goitt^  to  St.  James's. 

Sir  J.  Smith.   My  lord,  as  I  said  before,  he 

did  declare,  that  the  sheriff  that  then  was,  Mr. 

.  Pilkington,  was  not  by  while  they  were  dis- 

GouMing  of  going  to  St.  James's,  for  he  said 

-  Ibey  did  not  speak  of  the  duke  of  York ;  but 
|he  discourse  was  about  going  to  St.  James's, 
and  that  diseomve  was  at  an  end  belbre  Mr. 
Pilkington  came  in ;  and  while  they  were 
talking  about  firing  the  city»  upon  that  Mr. 
Pilkin^n  saying,  <  he  hath  fired  tiie  city,' 
he  desired  him  to  explain  himself,  whether  ne 
flid  not  mean  Hubert. 

Sir  John  Peake  sworn. 

Serj.  Jeff,  Sir  John  Peake,  I  dcare  to  know 
irhat  yon  can  say  ? 

Sir  J.  Peake.  I  was  present  at  the  trial,  and 

-sir  Patience,  1  do  remember  this,  laid  his  hand 

upon  his  breast,  and  either  said  positively,  or 

upon  bis  oath,  I  cannot  tell  which,  one  of  the 

two  I  am  certain  of,  *  that  Mr.  Pilkington  was 

*  not  by  when  the  duke  of  Yoric  was  mentioned.' 

Her}.  Jeff.   What  about  cutting  of  throats  ? 

Sir  /.  Peake.  There  was  something  said  of 
cutting  of  threats,  but  I  am  not  so  positive. 

Serj.  Jeff.  Sir  Thomas  Field,  I  think  you 
was  one  of  the  jury  that  tried  the  cause. 

Sir  X.  Field.  Yes,  Sir,  I  was  upon  the  jury. 

Serj.  Jeff,  Pray  do  you  remember  that  sir 
Patience  Ward  was  a  witness  ? 

Sir  T.  Field.    Yes,  I  do  r^iutemberit. 

Serj.  Jeff  Do  yon  remember  what  he  swore  P 

Sir  T.  Field.  I  do  remember  he  swore  the 
duke  was  not  named ;  that  I  can  remember. 

Mt.  Oen.  Doyou  remember  any  thing  dse  P 

Serj.  Jeff.    Do  you  remember  aiiy  thing 
'  about  cuttmg  of  throats  ?* 

Sh*  T.  Field.  There  was  somethingv  I  can- 
-    iMt  positively  My  that. 

Serj.  Jtff  Do  yoa  reoMinber  what  other 
worda  he  said  P 


Sir  T.  Field.  He  did  say  likewise.  That  Mr. 
Pilkington  was  not  in  the  room  when  any  thing 
was  spoken  relating  to  the  duke  of  York. 

Ser|.  Jf^.  Sir  Francis  Butler,  pray  will  yoa 
please  to  give  my  lord  and  the  jury  an  account 
whether  you  were  of  the  jury,  m  the  cause  be- 
tween his  royal  hirbness  and  Mr.  Pilkington  ? 

Sir  F.  £uj!^.  Ivrasof  thatjury. 

Seij.  Jeff".  I  think  you  were  tne  foremaop. 
Sir.— Sir  F.  Butler.  1  was  the  foreman. 

Serj.  Jeff.  Pray  do  you  remember  sir  Pit* 
tience  was  produced  as  a  witness  P 

Sir  F.  Butler.  He  was  produced. 

Serj.  Jeff.  Do  you  remember  any  thing  ba 
swore  P  and  what? 

SurF.  Butler.  The  Evidence  he  swore  (whicii- 
I  thought  we  had  reason  to  observe,  for  tli* 
ffteat  question  was,  whether  the  words  rekited  to 
the  Duke  of  York)  or  no  P^  was,  that  it  did  not 
relate  to  the  duke  of  York  ;  and  sir  Patience 
Ward  was  provine  alderman  Pilkington  waa 
not  in  the  room  while  they  discoursed  of  tba 
duke  of  York,  and  tiiat  the  duke  of  York  was 
not  named. 

Serj.  Jeff.  Did  he  swear  that  positively  P 

Sir  F.  Butler.  To  the  best  of  my  remem* 
brance,  positively  ;  I  heard  nothing  of  qualiii^ 
cation  at  all. 

Seij .  Jeff.  This  is  a  gentleman  of  great  wortk 
and  the  foreman  of  that  jury. 

Sir  F.  Butler..  We  did  debate  it  after  wa 
went  out  of  the  court,  among  ouTsetves,  befora 
we  brought  in  our  verdict  and  I  remember 
something  more  in  it,  for  we  should  have  laid  % 
little  more  weight  upon  his  evidence;  if  he  had 
not  said,  that  when  sir  William  Hooker  took 
some  exceptions  at  his  words,  and  asked.  What 
do  you  mean  P  sir  Patience  Ward  then  laid  one 
hand  upon  alderman  Pilkington's  mouth,  and. 
as  I  remember,  the  other  upon  his  breast,  and 
asked.  What  do  you  mean  P  And  the  other  an** 
swered,  Hubert.  That  made  us  believe  his  evi^ 
dence  was  to  be  laid  by. 

Serj.  Jeff  Now,  my  lord,  if  your  lordsfaifi 
pleases,  I  think  we  l^ave  sufiiciently  satisfiea 
your  lordship,  and  the  jury,  what  words  he 
swore ;  now  we  will  prove  that  they  were 
false. 

AtL  Oen.  Sir  Harry  Tulse,  pray,  will  you 
acquaint  my  lord,  and  tiie  jury.— Vr  e  will  ask 
you  turst ;  sir  Harry  Tulse,  were  you  preaenl 
when  this  ij^ntleman  swore  P 

Sir  H.  Tulse.  I  was  present ;  I  sat  down  ob 
a  fore-seat,  and  he  gave  his  evidence  behind  :  I 
never  saw  him  touch  the  book,  nor  kiss  it. 

Att.  Gen.  What  did  you  hear  him  say  P 

Sir  H.  Tulse.  I  was  a  littl^  discomposed  a| 
what  I  had  heard  him  say,  and  so  I  am  not  aUe 
to  give  an  account,  and  I  thought  I  had  some 
reason  for  it. 

^Q*  J^'  Why,  whatreaaon  P  Was  it  because 
he  swore  truly  or  rashly  P 

Mr.  Thompson.  Good  Mr.  Serjeant,  do  not 
lead  so. 

Mr.  Williams.  I  think  it  is  a  reflectiOB  upon 
an  alderman  to  be  led  by  any. 

Att. Gen.  Mr.  WilUams,  lean  shew  yev^ 
you  have  led  aldenaen,  and  against  law  too. 


toji 


STATE  tRIALS,  35  CraucS  II.  l685.«-/0r  Pefjury. 


[310 


SoL  Gen.  Mr.  Findi.  Will  you  pleate  to 
tegnremy  knrd  ui  accooiit  whether  Mr.  Pil- 
kms^toQ  was  by  when  there  wasaoT  disoonrse 
•bom  the  duke  of  Yoik?. 

Sir  H.  Ttt^.  Gentlemen,  I  do  not  know 
whether  you  expect  the  account  I  fbrmeriy 
faTe  ;  that  I  thmk  I  have  very  perfect  in  my 


Ait.  Gen.  Give  an  account  of  that  paMase. 

iSir  H,  Tui$e.  The  evidence  I  gave  wasthui; 
wn  the  lOth  of  April,  (I  will  not  be  positive, 
1  think  it  was  that  day)  according  to  an  order 
ef  court  made  the  day  before,  we  metat  Guild- 
haB  ;  there  was  snr  WHUam  Hotter,  sir  Pati- 
ence Ward,  sheriff  Pilkiogton,  and  myself,  I 
iranember  no  more  ;  and  alderman  PUkington 
«»,  '  He  burnt  our  city,  iind  is  come,'  or  *  will 
come,'  one  of  these  two  words,  *  to  cut  our 
throats.'  This  was  the  evidence  tlwt  I  gave, 
this  was  true.  I  was  asked  by  the  court,  what 
was  the  preceding  discomse,  whether  made  by 
alderaian  Piflongtou,  or  sir  PMience  Ward,  I 
caAaot  be  positive ;  but  it  was  concerning  an 
order  sf  going  to  Sl  James's,  or  to  the  duke  of 
Yoric,  one  of  the  two ;  he  did  complain  (^that 
«tdcr,  they  were  oomphuning  of  that  order,  and 
seeoKd  tomessif  they  would  have  it  re-de- 
bated; Imade  answer,  it  was  too  late,  for  the 
eout  had  agreed  it. 

Ati.  Gem.  Was  there  any  discourse  con- 
•ennngthe  duke  of  York  while  Mr.  Pilkington 
was  by  ?  ^ 

Sir  B.  TuUe,  Alderman  Pilkington  was  by 
all  the  whilp  thediscourae  was. 

Au.  Gen,  And  was  there  any  discourse  about 
the  duke  of  York? 

^r  ff.  Ihilte.  I  did  never  hear  the  duke  of 
York  named  by  alderman  Pilkington  at  all,  as 
1  remember ;  tney  compUined  of  &e  order  made 
the  day  before,  that  is,  concerning  going  to  8t. 
James's,  or  to  the  duke  of  York,  seeming  to  me 
as  thoiu^they  would  have  it  re-debated;  upon 
which  1  made  answer  it  was  too  late  now,  for 
the  court  had  agreed  it ;  and  then  came  these 
words,  *  He  ham  burnt  our  city:,  and  is  come,' 
or  <  will  come,  to  cut  our  throats.' 

AtL  Qen,  Do  you  say  pilkington  was  there 
when  the  discourse  was  P 
Sir  H.  Tulte.  Yes,  Sir. 
Seij.  Jeff',  Sir  H.  Tul^,  I  would  ask  you  a 
'question,  by.  your  favour,  yon  say  there  was 
then  mention  of  cutting  of  throats,  and  ^ou  say 
Mr.  Pilkington  did  not  name  the  duke  of  York 
himself,  that  you  cannot  say ;  but  you  say  he 
wts  thane  while  was  a  discourse  about  going  to 
congratulate  the  duke. 

w  H.  TuUe,  I  cannot  be  positive  of  that ; 
we  djaooorsed  about  the  order,  that  was  the  order 
that  was  made  before,  to  conmtnlate  the*  duke 
of  York ;  I  cannot  sav  that  alderman  Pilkington 
did  ever  name  the  duke  of  York,  but  he  was 
present  at  that  discourse. 

SoL  Gen.  Sir  Harry  Tulse,  you '  say  there 
was  mentiOB  made  concerning  the  debating 
ibe  order,  was  there  mention  made  of  the 
aider?  I>id  they  name  wbal  order  they  would 
Mraje-debated? 


Sir  B.  Take.  Yes,  Sir.  The  order  .wi|s  — , 
an  order  made  the  day  before,  that  we  should 
go  and  congratulate  toe  king's  safe  return,  and 
with  the  king's  good  leave  or  licence,  weshoold 
then  congratulate  die  duke  of  York,  that  was 
the  subject  matter. 

Serj.  Jell  Pilkington  was  present  then? 

Sir  U,  Tnhe.  He  was  present  there. 

Sevj.  Jeff.  And  upon  that  discourse,  pray., 
sir  Harry  Tulse,  did  Pilkington  say  these  woitls 
'  He  liath  burnt  the  city,  and  is  come  to  cut  our 
throats  ?' 

Sir  If.  TuUe.  No,  Sir,  that  did  not  imme* 
^diately  follow. 

Sol.  Gen.  Sir  Harry  Tulse,  what  order  did 
they  sav  they  would  have  re-debated  ? 

Sir  u.  Tulte.  I  took  it  for  tlie  order  made 
the  day  before. 

Sol.  Gen.  Did  they  name  the  order  ? 

Sir  JI.  Tulse.  I  did  make  mention  of  tha 
Order,  that  the  court  had  agreed  it,  and  it  was 
too  late  for  that. . 

L.  C.  J.  He  says  it  was  too  late  to  be  de- 
baled  or  spoke  of  in  court,  I  apprehend  it  so. 

Just.  Jones.  Was  the  duke  named,  or  not? 

Sir  H.  TuUe.  At  that  time,  truly,  Sir,.  I  can- 
not positively  say  he  was  named ;  for  the  de- 
bate was  about  the  order  made  to  conffratulata 
the  duke  of  York,  or  of  going  to  St.  James's^ 
one  of  them,  I  am  sure,  was  named,  but  I  can- 
not be  positive. 

Jurtf^man.    I  desire  to  know  whether  this 
gentleman  was  there  all  the  while. 
.   Sir  H.  TuUe.  My  lord,  I  believe  I  wss  there 
all  the  time  that  there  was  a  word  spoke  in  this 
matter,  the  whole  time. 

Seij.  Jeff.  Sir  Harrv  Tulse,  I  would  ask  yoa 
another  question :  W  no  did  yon  apprehend  to 
be  meant,  when  Pilkington  said,  '  He  hath 
burnt  the  city  ?'  Who  ^o  you  think  he  meant 
by  that? 

Sir  H.  Tulse.  I  will  answer  any  thing  that 
the  court  thinks  fit  I  should  answer.  I  humbly 
pray  my  lord  and  the  court  would  ask  me 
questions. 

L.C.J.  Sir  Harry  Tulse,  it  was  said  the 
city  was  burnt  Pray  who  did  you  apprehend 
was  meant  that  burnt  the  city  ?  Who  did  they 
mean? 

Sir  If.  Tulse.  Who  did  I  apprehend,  my  lord  f 
truly,  my  lord,  I  think  I  was  the  man  Xhait 
made  answer,  that  it  was  Hubert  that  burnt  tlM 
city,  because  he  was  hanged  for  it. 

Just.  Withins.  Hid  you  apprehend  it  was 
Bubert? 

Sir  H.  Tulse.  My  lord,  there  was  a  talk  of 
Hnbert ;  and  I  remember  sir  Patience  Ward 
took  hold  of  it,  and  bid  him  explain  himsd^ 
<  Who  do  you  mean  ?  Hubert?'  And  then  there 
was  a  little  stop  among  us ;  and,  as  I  remem- 
ber, I  made  this  answer,  *  I  think,  that  Hnbert 
'  burnt  the  city,  for  that  he  was  hanged  lor  it,' 

L.  C.  J.  Hark  vou ;  I  would  &sk  you  ona 
question,  if  you  please ;  You  heard  the  ex- 
pression of  cutting  of  throats,  *  he  is,  or  wiH 
*■  come  to  cut  onr  throats  ?' 

Sir  H.  Tulse.  Yes,  my  lord 


dll]     STATE  TRIALS,  55  CiUftLtft  II.  lS89.^THW  1/  Sir  PaikntA  Wmrd,     i%\% 


£.  C.  jr.  INray  whodidyoatpprehendthiHild 
be  metnt  by  tbal  ?  He  could  not  meMi  Hubert, 
sorely,  <br  that  P 

Sir  H.  !A</!if.  My  loidf  I  mtnt  gire  my 
opinion,  that  it  was  iAe  duke  of  York. 

Mr.  Thmnpion.  Did  you  understand  that  he 
meant  so  at  that  time  f 

8er|.  Jtff.  Sir  William  Hooker,  will  you 
l^re  an  account  of  it  ? 

Sir  W,  Hooker »  My  lord,  I  will,  as  near  as  I 
can,  tell  the?ery  worusi;  I  may  lose  soroewords, 
but  of  the  matter  of  fact,  I  am  confident  I  shall 
miss  nothing.  We  met  in  pursuance  to  an  order 
made  the  day  befoi^e ;  the  order  was  made  to 
meet  on  the  Monday  following,  to  wait  upon 
the  kin^  and  the  duke  of  York.  My  lord,  ac- 
cordingly, when  I  came  into  the  gallery,  I 
found  sir  George  Waterman  sitting  on  one  side, 
and  I  sat  opposite  to  him,  and  sir  TIenry  Tnlse 
at  the  eud  of  the  table ;  not  k>ng  after,  came  in 
sir  Patience  Ward,  my  lord,  sir  Patience  Ward 
sat  down  close  by  me,  and  Mr.  Pilkington 
stood  at  the  other  end  of  the  table  opposite  to 
roe.  My  lord,  to  the  best  of  my  remenibrance 
and  belief,  sir  Patience  Ward  dia  move,  that  we 
might  coiisider  this  business  of  waiting  on  the 
duke,  and,  my  kM^,  answer  was  made,  I  do  be- 
lieve by  sir  H€n^y  Tulse,  that  it  was  now  too 
late,  for  my  lord  mayor  was  come,  and  would 
be  going ;  upon  his  saying  it  was  too  late  in 
this  manner,  Pilkington  standing  at  the  end  of 
the  tab'e,  said  these  words  ;  *  Hath  he  burnt 
'  the  citv,  and  is  he  come  to  cut  our  throats?' 
Uiwm  this,  my  lord,  I  replied ;  Brother  Pilk- 
ington, said  1,  thou  art  mfinilely  mistaken  in 
this  point :  thou  roayest  as  well  cbarge  it  upon 
a  child  unborn  as  upon  him ;  for  the  duke  of 
York  was  as  careful  in  the  tire  to  preserve  the 
eity  at  the  same  time,  in  a  yani  in  Coleman- 
itreet,  as  any  who  was  by  was ;  though  the 
ashes  came  upon  our  heads ;  and  I  never  knew 
a  man  look  more  carefully  than  he  did  at  the 
same  time.  This,  my  lord,  is  the  substance, 
^t  I  can't  say  that  Mr.  Pilkington  made  a 
reply  either  one  way  or  other,  but  I  think 
Ihere  wa«  something  of  Hubert  spoke  besides. 
Then  sir  George  \Vaterman  wetit  away,  and  I 
Veiit  Sway  afterwards. 

Att,  Oen,  80  that  you  are  positive  that 
that  Pilkington  did  say,  *  he  is  come  to  cut  our 
» throats? 

•    Sr  W,  Hooker.   «Hath  he  burnt  the  cityf 
<  And  is  he  come  to  cut  our  throats  P 

Serj.  Jeffl  And  dM  you  immediately  tdl  him 
this  of  the  duke  of  York.? 

Sir  W.  Hooker,    Immediately. 

Sol.  Gen.  1  think  yim  say  it  was  pursnantto 
•in  order  about  waitinif  on  the  duke  of  York  ? 

Att.  Gen.  Did  you  name  the  duk**ot  York.*' 

Sir  H'.  Hooker.  I  did  name  the  duke  of 
York  to  Pdkington,  aft  r  tliose  words  were 
qpoke. 

*^y-  •'^    Pilkington  was  there  then  before  ' 
tlu' disi-ijirse  o*  the  duke  of  York.     Was  shr 
Patienw  Ward  there  while  the  discourse  was, 
^oncernin{r  cutting  of  throats? 

&  W.  Hooker.  1  amaet  able  te  swear  wfae- 


ther sir  Patience  Ward  M  bea^  II  or  ttO}  nti<- 
doubtedly  he  was  there. 

Sol.  Oen,  Sir  Wayam,  do  TOO  think  Hurt 
Patience  Ward  did  wmkwnen  he  siopt 
mouth,  or  ne  ? 

Sir  W.  Booker.  Truly  I  did  not  0ee  fain 
stop  his  month. 

SoL  Gen.  Sir  William,  was  it  plain  to  yvn 
that  he  meant  the  duke  of  York  ? 

Sir  If^.  Hooker.  I  am  not  able  to  know  otBer 
men's  thoughu ;  but  certainly  nothing  could 
I4[>pear  more  plain. 

SoL  Gen.  Was  the  subject-matter  of  dis- 
ooune  oonoemitig  the  dUke  of  Yerkf 

Sir  W.  Hooker.  About  that,  and  notfafi^ 
else. 

Serj.  Jeff:  He  named  the  duke  of  York,  did 
he? 

Sir  W.  Hooker.  He  did  not  name  tbednke 
of  York ;  I  don*t  say  tiiat. 

Berj.Jeff.  But  you  named  him. 

Sir  W.  Hooker.  Yes,  Sir. 

Att.  Gen^  Was  that  all  you  diseoaned  off 

Sir  W.  Hooker.  This  is  all. 

Seij.  Jf/f*.  Here  is  the  ottler. 

Mr  Wilikmt.  We  agree  the  order. 

Serj.  Jeff.  For  the  present  we  will  rest  here, 
and  see  what  account  they  will  give. 

Mr.  Recorder.  May  it  please  year  lerdslup 
and  von  gentlemen  of  the  jury ;  1  am  of  cotmsel 
lor  nr  Patience  WaNl,the defendant.   My  lord, 
as  the  counsel  for  the  king  say  they  will  rest  k 
here,  so  if  we  should  rest  here  too,  I  think 
there  is  nothing  proved  that  sticks  upon  us. 
My  k>rd,  I  observe  first,  that  of  all  their  wit- 
nesses they  produce  concerning  the  words  in 
court,  there  .is  not  one  el'  them  aH,  hut  the 
first,  pretends  to  be  a  penman,  and  he  says  he 
believes  lie  did  write,  he  can't  tell  whether  he 
writ  or  no,  and  he  ean*t  tell  whether  he  hatb 
his  notes  about  him,  and  this  is  aH  we  can  have 
of  him.    And  the  truth  is,  they  vary  so  nrach 
among  themselves,  that  that  is  eiiou^  tonnte 
any  one  wonder,  on  the  whole  speaking  of  the 
words.    And  we  see  these  worthy  aidenDCtt 
are  very  cautious  ;  they  did  expect  to  he  calM 
noon  their  oaths,  i  did  take  parttenlar  notice 
of  it.    The  truth  is,  my  lord,  for  this  mattn\ 
it  is  certainly  as  great  and  heinous  a  cvime  as 
any  can  be,  and  1  believe  these  gentlemen  will 
thmk,  that  in  this  ease,  they  should  have  ne 
less  evklenoe  to  conrfet  this  gentleman  of  this 
foul  crime  of  perjury,  than  to  convict  him  of 
any  crime  that  concerns  his  lifis.    The  truth  of 
it  is,  if  such  a  fiHil  disreputation  and  scandal 
should  stick,  yet  the  jury  must  have  psia 
proof.     If  there  were  a  ra^  word,  if  there 
wen*  a  mistake  in  a  persen^srememhrance,  it  it 
not  every  slip  that  will  criminate  a  man  of  per^ 
jury,  it  must  be  a  wilful  and  cnrmpt  forswear- 
ing a  tnan's  self  against  his  own  knowlet^, 
and  nothing  U^ss  than  that  is  sufteient.    My 
loni,  it  is   agreed  on   all  hands,  (he  reccmi 
shews  it,  thst  the  duke  hath  recomed  a  ver^ 
dirt.    The  cause  went  Ihr  him.     If  the  duke 
wouM  have  had  a  yerdict,  he  hath  it ;  if  he 
would  have  had  more  damages,  Ipt  tsight 

3 


113] 


STATE  TRIALS,  d5CfiARLttt  H.  l68S.^/«r  Perjury. 


t5l4 


I .  kmm  be  misht ;  lie  hsih  more  ■  ttmn 
100,000i.  for  1m  hatli  all  costS)  to  the  utmost 
tehiog.  My  lord,  in  eawa  of  this  nature,  a 
■nm'e  wi>rds  must  be  taken  toeether.  Your 
lonbhip  will  acquaint  the  jury,  that  if  there  be 
lay  tkioi^  in  any  part  of  bis  evidence,  that  does 
c^lain,  that  does  limit,  that  does  ipialify  it, 
the  whole  disoomae  must  be  taken  as  one  en- 
lire  evidence,  and  that  he  shall  hare  the  ad- 
vantage of  it  in  eveiy  part.  My  lord,  the  nse 
1  would  make  ot'  ^is  is  to  this  purpose,  that 
whatever  these  witnesses  fix  upon  him,  they  do 
it  by  GoUtngaBd  picking  out  pieces  of  words  ; 
they  don't  pretend  upon  their  memory,  mofch 
less  upon  writing,  that  they  are  able  to  repeat 
the  whole  endenoe.  Your  lordship  does  very 
well  remember  the  ladyCarr's  cas^,  a  greater 
and  plainer  instance  than  this,  if  it  ^vere  proved 
as  if  was  pretoided,  in  chancery  ;  she  swears 
ika  never  received  money  of  stich  a  tntti,  and 
Ae  made  a  second  answer,  and  there  she  says 
she  received  no  money  after  snch  a  time,  and 
it  was  Kflolved,  that  that  should  be  taken  to- 

dier,  and  that  that  was  no  peijury.  My 
,  we  shall  insist  upon  the  two  tmngs  :  first 
of  all,  that  the  words  were  not  spoken  as  they 
are  laid,  that  they  were  not  sworn  by  sir  Pati- 
ence Ward  as  they  are  laid  and  charged  in  the 
lafoimsiion,  for  they  are  charged  there  posi- 
tirely  and  directly  ;  but  we  say  they  were 
spoken  with  all  the  caution  that  any  man  can 
apeak  iKem  with,  *  as  he  bdieved/  and  '  to  the 
<  best  of  his  measory,'  and  '  as  he  apprehended ;' 
and  thia,  I  say,  circamscribed  with  great  caution 
and  great  tenderness.  If  they  had  been 
tp^an  as  they  are  laid,  yet  this  could  not  be 
pennry  ;  that  is  the  second  thin^.  So  that  if 
A  nil  «Mit  that  he  was  mistaken  m  this,  your 
Iwdihy  wiU  aci[oaint  the  jury,  that  a  rash 
aalh  ia  not  peijnry,  if  it  were  so.  My  lord,  as 
la  die  latter  part,  sir  Harry  Tolse  does  go  a 
great  way ;  for  he  says,  that  he  can't  take 
upsu  faim-tosay  that  sir  Patience  Wan!  ever 
aaw  Mr.  Pilkington  ;  if  he  did  never  see  Mr. 
PiUdngton,  kow  can  he  be  chanrged  with  per- 
jury tron,  for  si^ying  he  was  not  £ere  ?  Under 
frvovr,  if  he  did  not  see  him  there,  be 
most  awear  according  to  his  senses,  that  he 
waa  net  there,  and  you  caanot  charge  perjury 
uon  that,  it  demonstrates  the  nncertatnty 
artkene  words,  that  when  they  come  to  lay  the 
dadaraimi,  tiiey  are  fain  to  lay  these  words 
fanr  aeveral  ways,  as  they  do.  And  yet  these 
two  wwrtiqr  aldermen  say,  they  took  down  the 
wards  that  very  day.    If  these  words  were  so 


iftrin  then,  thougli  they  were  writ  down, 
what  sbonM  make  tbem  otnerwise  now  ? 

Ati.  Otn.  Tbeie  hath  not  been  such'  a 
ward  said  yet. 

Mr.  Recartler.  We  wiR  prove  it,  Sir,  As  to 
the  dnrd  point,  we  say  this :  it  is  cfiarged  there 
fas  no  eottingef  throats,  no  mention  of  cut- 
ting of  throats;  as  to  that,  ray  lord,  I  take  it 
frsm  one  of  their  witnesses  months,  thai  is,  Mr. 
Boxtan ;  he  •  aaya,  that  sir  Patience  Ward 
swore,  that  he  heard  no  mention  of  cutting  of 
throats ;  tmder  Am>ir,  Sfa%  to  say  thai  there 


i 


was  no  mention  of  cuiting  of  throats,  that  m 
positive,  that  there  was  no  such  thing  spok^  • 
but  their  own  witness  savs,  ttiat  there  was  no 
such  thing  heard.  Can  there  be  a  greater  dU*- 
ference  than  tor  a  man  to  say,  there  was  no 
snch  word  spoken,  and  to  say,  there  was  no 
such  word  heard  by  me  ?  This  of  cutting  of 
throats,  if  it  were  spoken  at  all,  though  I 
believe  it  was ;  for  i  have  that  good  opinion  of 
these  worthy  aldermen,  f  mean  sir  VVilliam 
Hooker  and  sir  H.  Tuise,  that  I  presume  tti era 
was  something  about  cutting  of  tliroats  ;  but  I 
answer,  that  sir  P.  ^Vard  might  not  hear  it. 
And  i  think  they  have  given  a  very  good 
ground  for  it :  says  sir  9*  Tulse,  is  be,  or  wilt 
be,  come  to  cut  our  thnrnts?  Whether  it  were 
'  is,'  or  whether  it  were  '  will,'  that  he  cannot 
tell.  Sir  Wm.  Hooker,  says  he,  is  come  to  cut 
our  throats:  one  speaks  affirmatively,  the  other 
interi'ogativelyl  Sir  H.  Tulsesays  it  was'ouf 
throats  ;  says  sir  W.  Hooker,  the  throa's  of 
our  wives  and  children.  Do  not  these  two  al- 
dermen tliifer  as  much  between  themselves, 
as  cither  or  both  of  them  do  with  sir  P.  Ward, 
when  sir  Harry  Tdse  shall  say,  there  were 
no  wives  and  children  mentioned  ?  It  is  no  re- 
flection at  all,  and  1  hope  there  will  be  no 
cause  to  reflect  upon  the  other  alderman. 
The  next  point  is,  that  there  was  a  discourse 
concerning  the  duke  of  York,  and  tliat  it  waa 
before  Mr.  Pilkington  came  in.  Here  the 
witnesses  vary  extremely  ;  one  says  before  he 
came  in  ;  another  says,  before  he  came  to  the 
table ;  another  says,  while  he  was  in  the  room  ; 
all  these  varieties  we  find  in  the  witnesses 
that  swear  the  words  out  of  sir  P.  Ward's 
mouth  ;  and  certainly  sir  P.  Ward  would  never 
say  these  words ;  it  is  impossible  to  say  the 
discourse  concerning  the  duke  was  ended» 
when  in  the  very  next  words  he  savs,  the  duke 
was  not  named  at  all :  for,  my  lord,  sir  H« 
Tnlse  savs,  he  was  never  named.  But,  my 
lord,  besides  this,  if  1  say  he  was  not  there 
in  thesiffht  and  view  of  sir  P.  Ward,  he  is  not 
guilty,  Be  it  true  or  false,  that  be  was  thera 
before  the  discourse  ended ;  for  it  is  a  long 
room,  and  no  man  can  say  but  a  man  might  be 
behind  sir  P.  Ward  as  he  sat  at  the  table.  The 
second  tiring,  my  lord,  is  this,  that  the  duke 
was  not  named  ;  that  he  is  chai^etl  to  liava 
sworn.  My  lord,  the  evidchce  that  he  deli- 
vered was,  that  the  duke  was  not  named  m  his 
hearing.  Now  sir  Harry  Tulse  says  the  very 
same  that  sir  Patience  Ward  did,  that  there 
was  a  discourse  alxiut  an  order,  he  savs,  but 
nobody  named  the  duke,  and  sir  William 
Hooker  says,  the  duke  was  nut  named. 

Just.  Witkim.  He  says  he  cannot  say  he 
was  named. 

Recorder,  'Till  afler  the  words  spoken ; 
and,  my  lord,  it  was  so  doAbtful,  that  it  seenia 
there  was  need  of  explication  *,  tor  the  words^ 
(under  favour)  as  prove<l,  do  not  relate  to  cut- 
tmg  of  throats  but  to  the  burning  of  the  city  ; 
and  \%  hat  sir  William  Hooker  says  afterwards^ 
makes  it  moreplain.  If  we  prov  e,  these  ttii  ngs, 
that  sir  P.  WWd  carried  himself  thus,  if  iia 


315]    STATE  TRIALS,  55  Chablks  H.  i€85.— 7Ha/  of  Sir 


Wmrd,   [310 


-expressed  himadf  with  so  mach  caution,  under 
^Your,  that  doth  clearly  avoid  this  charg^e  in 
the  infinmation.  .But,  my  lord,  if  there  were 
periory,  it  was  committed  at  the  trial  of  Mr. 
Pilkinfirton,  and  at  that  trial  when  it  was  com- 
tniUed^itwas  hest  understood ;  for  here  is  no  new 
evidence  as  to  the  words  spoken  in  the  gallery  ; 
therefore,  under  favour,  the  peigury  was  as  ob- 
servable then,  and  more,  because  it  was  fresh 
then.    Now  it  is  said,  that  it  was  with  great 
astonishment ;  we  shall  give  in  evidence,  that 
there  was  no  such  appre&nsion,  that  the  court, 
that  the  counsel,  tnat  every  body  did  appre- 
hend it  as  delivered  with  that  caution  as  I  have 
opened  it  to  your  lordship  :  first,  sir  Georg^e 
Jefferies,  in  the  very  conclusion,  asked  him,  if 
there  were  nothing  spoke  of  the  duke  while 
Mr.  Pilkington  was  by.    No,  saith  he,  not  to 
tiie  best  of  my  memory^  isaith  sir  Patience 
Ward.    Saith    sir   George,   by  reply,  your 
invention  is  better  than  your  memory.    Surely 
that  were  the  most  impertinent  thing  in  the 
world,  if  it  had  been  otherwise.    And  every 
hody  knows  sir  George  Jefferies  is  a  man  thiU 
would  not  have  said  such  a  thing,  if  he  had  not 
wholly  referred  to  his  memory,  and  given  him 
•n  occasion  lor  that  reply.    And  Mr.  Solicitor, 
he  says  these  words,  in  repeating  the  evidence 
to  the  jurv :  sir  P.  Ward  goes  a  great  way  to 
confirm  that  of  the  other  aldermen,  and  that 
shews,  that  they  did  observe  it  fiur  enough 
from  perjury ;  and  my  lord  chidT  justice,  my 
lord,  when  ne  came  to  direct  the  jury,  he  says, 
that  sir  P.  Ward  had  said,  that,  as  he  con- 
ceived, there  was  no  mention  of  cutting  of 
throats,  and  so  on  ;  and  says  he,  it  is  easy  to 
forget  such  circumstances.     If,  in  the  judg- 
ment of  my  lord  chief  justice,  it  were  an  easy 
thing  to  foijifet,  can  it  be  wilful  perjury  in  any 
man  to  testify  that  which  was  spoken  as  he 
conceived  ?  And  truly,  my  lord,  it  is  the  more 
for  that  my  lord  chief  justice  was  upon  his 
oath  as  well  as  the  witnesses  :  and  your  lord- 
ships, that  sat  with  him,  would  have  rectified 
my  lord  chief  justice,  if  he  had  misapprehended 
him*:  and  the  jury  did  apprehend  it  so,  and 
looked  upon  sir  P.  Ward's  evidence  as  a  confir- 
mation.   My  lord,  all  these  things  are  nega- 
tive, and  they  do  refer  to  the  memory,  and  that 
my  lord  chief  justice  said  a  man  may  easily 
forget,  and  that  is  enough  to  excuse  bin).    Be- 
sides, my  lord,  this  was  given  in   evidence 
seven  or  eight  months  after  the  time  that  the 
words  were  spoken  ;  and  if  any  man  were  to 
repeat  what  was  said  at  this  bar,  no  doubt  but 
in  seven  or  eight  months  they  would  differ 
more  than  sir  P.  Ward  did  from  these  gentle- 
,men.    Besides,  my  lord,  be  is  a  man  of  good 
reputation  and  credit,  he  hath  borne  great  offices 
in  the  city,  mayor  and  sheriff  of  London,  and 
this  a  crime  for  mean  persons,  and  we  think 
much  less  evidence  than  this  will  satisfy  your 
hnrdship.    We  will  prove  what  was  said  at  the 
trial  not  by  the  imperfect  memories  of  people 
that  did  not  write,  or  cannot  tell  whether  they 
ivrit  or  not ; ,  but  by  some  that  did  take  very 
exact  notes,  and  espedally  by  one  that  wrote 
the  whole. 


Mr.  WUliamSn  My  lord,  the  question  is, 
what  was  anoken  by  sir  Patience  Ward,  My 
lord,  if  sir  Patience  did  not  swear  as  they  have 
laid  it  in  the  information,  sir  Patience  is  not 
fftiilty.  They  have  laid  the  information  thus : 
That  as  to  the  cutting  of  throats  it  was  sworn. 

Sositively  by  sir  Patience ;  but  if  sir  Patience 
id  only  speak  as  by  hearsay,  as  he  heard, 
that  there  was  no  mention  of  cutting  of  throats 
in  his  hearing,  then  we  are  not  guilty.    My 
lord,  how  far  then  the  evidence  doth  touch  urn 
in  this  matter,  how  far  they  have  proved  ua 
guilty,  is  to  be  considered.    I  do  not  find,  that 
any  one  witness  in  this  trial  says, '  that  air  Pa* 
tience  did  swear  positively,  that  there  was  no 
meiltion  of  cutting  of  throats.    Every  maa 
that  speaks,  speakis  to  the  best  of  his   me- 
mory, and   to  the  best  of  his  knowledge, 
and  no  otherwise ;  and  I  will  appeal  to  your 
lordship,  iipon  what  every  witness  hath  said, 
whether   any  witness  can    be  convicted  of 
perjury  ;  for  every  man  hath  appealefl  to  bis 
memory.    Observe  every  witness,  and  not  any 
of  them  do  agree.    The  two  aldermen  that 
were  then  sworn,  one  of  them,  sir  JHarry  Tulse* 
tells  you  of  the  discourse  conoernmg  comiuff 
to  bum  the  ciu^,  atnd  cutting  of  throats :  as  1 
take  it,  sir  Hany  Tulse  said  it  by  way  €€ 
question,  '  Is  he  come,  is  he  come  to  but  ouir 
<  throats  P'  Sir  Wm.  Hooker  tells  it  positively, 
'  He  is  come,  he  is  come  to  cut ,  our  throats.' 
If  gentlemen  do  vary,  as  these  two  fritnesses, 
and  have  several  apprehensions  of  the  same 
thinff,  it  ought  to  have  no  influence  upon  this. 
In  this  case,  we  are  here  for  wilful  per|ury.    If 
it  be  a  mistake  of  the  memory,  that  will  nerer 
come  up  to  peijnry.    We  will  make  it  out, 
that  it  was  spoken  with  great  caution  and  re- 
striction.   And  then  for  the  other  of  the  two 
assignments,  if  this  be  true,  that  there  was 
no  discourse  of  the  duke  of  York,  then  the 
second  will  naturally  fall.    The  first  thing  is 
this,  that  he  should  swear  there  was  no  dis- 
course of  the^uke  of  York;  if  this  be  true, 
that  there  was  no  discourse  of  the  duke  of 
York,  then  the  second  will  fall.    If  the  dis- 
course of  the  duke  of  York  was  done  .before 
Mr.  Pilkington  came  into  the  room,  if  there 
were  no  discourse  of  the  duke  of  York,  it  is 
impossible  that  should  be  the  meaning.   .And 
here  I  must  observe,  sir  H.  Tulse  is  a  tb^Nuand 
witnesses  in  this  case ;  he  tells  you  expressly, 
that  there  was  no  discourse  of  the  duke  nf 
York,  he  hath  told  you  plainly  there  was  uo' 
discourse  of  the  duke  of  York,  nor  any  dis- 
course of  the  duke*s  name ;  and  what  says  sir 
H.  Tulse  P  He  says  very  plainly,  there  was  e 
discourse  of  an  order  maide  the  day  before. 
We  allow  the  duke  is  mentioned  in  that  order, 
but  the  question  is,  whether  there  was  mention 
of  the  duke's  name  at  that  time.    If  yon  be- 
lieve sir  Harry  Tulse,  there  was  no  mention  of 
the  duke's  name. 

JustJoeet.  He  did  not  remember  that  there 
was.  He  did  not  remember  that  the  duk^  of 
York  was  named. 

Sir  Fra,  Wum*  By  any  body. 


am 


ftTATC  TRIALS,  S5CUA9LE8 II.  l6SS.^for  Pmjmy. 


[5If 


Jut  Jones.    He  does  not  say,  tbat  the  duke 
ira>  not  named. 

Hr.  Williams.  Sir  Hairy  Tulse  is  as  much 
diKged  to  remember  in  this  case  a»  any  man 
hen.  This  will  be  a  mighty  evidence  to  jus- 
li^  my  cfient,  then  tlie  perfury  will  certainly 
m  upon  these,  but  we  i^nll  cleiu:  this  too.  In 
this  matter  sir  Patience  was  a  most  cautious 
eridence,  so  is  he,  he  did  not  say  positively, 
that  there  was  no  mention  of  the  duke's  name, 
kit  he  says,  to  the  best  of  his  remembrance. 
So  that  there  is  nothing  proved  against  us. 
We  will  call  Mr.  Blaney,  Mr.  Blaney  is  a 
thousand  men  in  this  case. 
Sr  Geo.  J^.  Is  he  so  ? 
Mr.  WUliams.  He  takes  notes  exactly.  We 
will  tell  yon  what  was  sworn  by  sir  P.  Ward. 

Shr  Geo,  Jejfi  1  have  known  him  out  in  a 
terdict. 

Mr.  PoUexfen.  That  the  duke  of  York's 
name  wasnamed  in  the  discourse  is  not  proved ; 
nobody  says  it  was  before  the  words  spoken. 

Jost.  Jones.  After  the  words  spoken ;  it  was 
flien  he  tells  you ;  but  it  was  not  before  the 
thne  of  the  discourse. 

Mc  Pollerfen.  There  was  a  diaooorse  of 
going  to  St.  James's,  and  upon  this  discourse 
these  words  were  spoken,  that  PiUdngton  did 
^eak ;  but  the  naming  t^e  duke  was  afler  the 
peaking  of  the  words  in  the  declaration: 
tbefcfbre,  there  being  nobody  tbat  does  prove, 
tbat  the  duke  was  named  in  any  discourse  pre- 
eeding  the  words  ^[loken  by  PiUdngton,  I  think 
it  Is  no  evidence  at  all. 

L.  C.  J.  Y6u  make  things  so  intricate,  that 
no  man  shall  be  able  to  understand  what  ano- 
ther jnys,  but  must  take  it  as  you  would  have 
it.  When  it  was  said  he  had  burnt  the  city, 
well,  what  says  the  other?  Sir  Wm.  Hooker,  I 
think,  makes  answer,  says  he,  the  duke  is  as 
ianoeent  as  a  child,  and  he  was  one  that  en- 
deavoured to  save  it.  Must  not  we  understand, 
DOW,  that  this  was  a  discourse  of  the  duke  all 
this  while  ? 

Mr.  Pollexfen.  .My  lord,  the  question  is, 
whether  there  were  any  such  discourse  pre- 
ceding- the  words,  or  any  thine*  in  question,  but 
whatlia(>pened  after  the  words  ? 

Sir.  Geo.  Trebif.  If  the  duke  were  not  named 
befiwe  the  words,  can  the  name  of  the  duke 
teSst  to  the  expounding  of  them  P 
•  Sir  Geo.  Jeff.    No;  but  Hubert,  ten  years 
after  he  was  bMiged. 

Sir  Fra.  Winn,  My  lord,  I  see  we  are  in 
question  for  corrupt  and  wilful  perjuiy. 

JL  C.  J.  You  bad  best  call  your  vritnesses ; 
for  au^it  appears  you  are  so  yet. 

^Pra.  Winn.  We  will  call  our  witnesses, 
and  shew  what  h^  did  swear.  Mr.  Blaney, 
will  yon  aeqaaint  my  lord  and  the  jury,  whe- 
ther you  were  by  at  that  trial ;  and  give  an  ac- 
count of  what  you  know  sir  Patience  Ward  did 
•wear,  and  whether  you  took  any  notes  ? 

Mr.  BloMy.  I  was  present  at  the  trial  be- 
tween hia  royal  highness  and  Mr.  Pilkington ; 
f  did  sit  upon  one  of  those  stools  there,  and  I 
ili4  take  notes,  to  the  best  of  my  skill. 


^r  Geo.  Jdfl   Have  you  your  notes  P 


Blaney.   Yes,  Sir. 

Mr.  Williams.  First  of  all,  acquaint  my  lord 
and  the  jury,  what  was  sworn  by  sir  Patienea 
Ward. 

Blaney.  Having  received  a  subpmna  from 
sir  Patience  Ward  about  this  matter,  I  looked 
over  my  notes,  and  turned  down  the  leaves  in 
several  places. 

Mr.  Williams.  Tell  what  sir  Patience  Ward 
swore  concerning  cutting  of  throats;  and 
what  that  was ;  Oecollect  yourself  about  what 
was  sworn  by  sir  Patience  concerning  cutting  of 

Alt.  Gen.  Pray,  Sir,  don't  look  upon  your 
notes. 

Sir  Fr,  Win,  Your  witnew  don't  remember 
whether  he  writ  notes  or  no. 

Blaney.  I  have  read  my  notes  to  day,  again, 
and  looked  upon  them ;  I  do  find  it  is  thus, 
and  I  do  really  believe  to  be  true ;  for  I  don't 
know  I  never  altered  any  man's  evidence, 
either  in  substance  or  form.  He  did  then  say. 
Upon  my  oath,  if  it  were  the  last  word  I  was 
to  speak,  I  did  not  hear  one  word  of  cutting  of 
thr<Mits. 

Mr.  Williams.  Pray,  Sir,  say  as  he  said. 

Blan^.  These  were  the  words :  '  Upon  the^ 
oath  I  have  taken,  if  it  were  the  last  word 
I  was  to  speak,  I  did  not  hear  one  word  of  cut- 
ting of  throats.' 

Sir  Fr,  Winn,  Was  it  writ  so  in  your  notes 
at  that  time. 

Blaney.  It  is  so  in  my  notes. 

Sir  Fr.  Winn.  Are  your  notes  altered  sinoef 

Blaney.  No,  Sir. 

Sir  Fr.  Winn.  There  was  no  thought  of 
perjury  then  ? 

Sir  Geo.  Jeff.  Not  by  him,  but  by  others. 

Mr.  Williams.  Are  these  the  notes  that  wer« 
then  taken  ? 

Blaney.  These  are  th&aotes  that  were  then 
taken. 

Sir  Fra.  Winn.  I  ask  you  thia ;  did  you 
take  them  as  he  said  them  P 

Blaney.  I  did,  tothebest  of  my  skill,  neither 
added  nor  diminished;  Sir  Patience  in  tha 
beginning  of  his  evidence  did  say  these  words : 
That  there  was  nothing  mentioned  of  the.duke, 
but  of  St.  James's,  in  bis  hearing. 

Sir  Fr.  Winn.  Are  you  sure  the  words  are 
there  ? 

Blaney.  Thes  are  here.  Anj  man  that 
could  read  my  snort-hand  may  see  it. 

Sir  Fr.  Wmn.    Were  the  words  then  taken? 

Blaney.  They  were  then  taken. 

Sir  JV.  Winn.  Are  they. altered  smce  P 

Blaney.  They  are  not,  Sir. 

Sir  Fr.  Winn.  How  are  the  words  ? 

Blaney.  Tliat  there  was  nothing  mentioned 
of  the  duke's  name,  but  of  St.  James's  in  hit 
hearing. 

Mr.  Williams.   If  this  be  true,  it  shuts  out 


the  second  assignment ;  but  however  we 
ask  him  concerning  the  other  assignment, 
whether  there  was  mij  discourse  GonoeniiD|^ 
the  duke  after  Pilkington  OMna  in. 


$19]     STATE  TRIALS,  35  Chahles  II,  l683.— IVw/  •/  Sir  Patiniee  Ward,    [S«0 


Bianey,  If  yon  please,  Mr.  Serj.  JefTeries 
vas  pleased  to  press  U  apoo  sir  Patience  Ward. 
Sir,  you  were  pleaseil  to  ask  tlie  question.  Was 
all  the  dis4M>ur8e  over  concerning  going  to  8t. 
James's,  or  the  duke  of*  York,  before  Mr. 
Pilkin^ton  came  in  ?  Was  it  all  over  before 
Mr.  Pilkington  came  in  ?  And  Mr.  8erj.  Jef- 
feries  then  aaid     >■  -  ■ 

Sir  Oeo.  Jeff'.   What  did  be  answer  to  my 

Question  P    Was  there  nothing  said  of  it  while 
le  was  by  ?    ' 
Bianey.    Sir  Patience  Ward  said,  Not  one 

SrllaUe  of  it  to  my  memory  ;  whereupon  sir 
eorge  Jeiferies  said.  Your  inyintion  is  better 
than  vour  memory.  And  he  replied,  my  lord, 
I  thaiik  God,  I  have  a  good  memory,  though 
perhaps  that  gentleman  hath  not 

Mr.  Willianu.  Was  this  written  down  in  yoar 
book? 

Mlaney.  It  was  then  taken  by  me  in  writii^; 
in  my  book. 

Mr.  Williams.  Is  any  thing  altered  ?       , 

Blan^.  Not  one  word. 

Mr.  WilHamt.  Did-  you  write  tliein  sitting 
Ihere  as  they  were  suoken  P 

Blaney,  Just  as  he  said  them :  There  1  sat 
where  Mr.  Owen  sits  now. 

Att,  Gen.  I>o  you  swear  you  remember  any 
l>art  of  it? 

Blaney.  Sir,  this  I  do  remember,  as  wdl  as  I 
^an  i-emember  any  thing  in  the  world. 

Att,  Gen,  Blaney,  tell  roe  positively  what 
he  said. 

Blaney.  He  said.  Not  one  syllable  of  it  to  my 
toemory ;  I  do  remember  it. 

Att,  Gen.    Upon  what  question? 

Blaney,  Sir,  of  the  doke's  being  not  named, 
but  St.  James's,  I  do  remember  likewise ;  but 
I  cannot  well  say  any  thing  of  the  business 
of  cutting  of  throats ;  I  find  it  in  my  book 
unaltered,  I  do  not  know  that  1  am  mistaken. 

•Seij.  Jef,  Hark  y6u,  Mr.  Blaney ;  I  know 
bis  notes  have  been  mistaken  sometimes ;  1  re* 
member  once  upon  Raree-show  business,  they 
were  mistaken.  Upon  your  oath.  Sir,  did  ^ou 
hear  sir. Patience  Ward  speak  at  that  time  any 
words  concerning  a  law-suit?  Lbok  Upon 
your  notes.-^B/an<^.  Sir,  I  will  %o. 

Mr.  Polkxfen.  What  have  we  to  do  with 
tlaree-show?  Are  we  trying  that? 

Just.  Witkin$,  Gentlemen,  don't  be  angry, 
let  the  canse  be  tried  fairly. 

^9*  J^ff',  ^  "^y  ^  *  question,  I  hope.  I 
ask  a  fair  question,  I  would  fain  meet  with  that 
among  his  characters. 

Blaney.  Sir,  I  would  not  have  looked  it  over, 
H  I  bad  met  with  any  such  thing  in  my 
notes. 

Att.  Gen.  Can  you  swear  any  thing  posi- 
tively upon  ycmr  notes  ? 

Seij.  Jeff,  It  is  some  diseoorse  near  the  ques- 
tion. 

Blaney.  Then,  Sir,  indeed  it  is  not  in  my 
aotes.^ 

^^yJ^"  Did  sir  Patioioe. Ward  use  the 
irard.  *  positivetv'  at  any  tiow  in  yoor notes; 
and  tell  us  to  what? 


Att.  Gen,   Whether  b«  was  positive  to  any' 
one  thine^  ? 

^i:i'  J^ff'  Di^  be  swear  positively  to  any 
one  thing?  And  tell  us  to  what  ?  I  desire  to 
be  8atis£d  by  Mr.  Blaney 's  notes.  Some  men 
can  take  notes  on  the  one  side,  and  foigei 
things  on  the  other. 

Mr.  WilUami,  Come,  Mr.  Beaver. 

Blaney.  I  don't  see  tha  word  positive. 

HenyJeff.  No,  not  at  all. 

Blaney.  I  don't  pretend  to  say  I  have  written 
every  word. 

i^rj.^Jeff.  But  you  do  pretend  to  write  move 
than  be  said. 

Mr.  Williams,  What  he  writ  is  true. 

Sir  IV.  Winn.  He  does  not  undertake  to  say 
he  writ  every  word  that  passed,  but  whether  or 
no  he  writ  any  word  that  was  not  said,  la  all 
that  you  writ  true? 

Blaney,  I  verily  believe  it  is  trae. 

L.  C.  J.  Is  that  any  manner  ok' 
when  he  hath  not  taken  all  that  was  said,  and 
so  spoiled  the  sense,  by  leaving  out  soaie  of 
the  words? 

Just.  Withins.  How  is  it  possible  fat  a  nam 
to  be  a  good  witness,  that  comes  and  swears  in 
one  part,  I  know  nothing  of  any  such  words ; 
and  at  another  time  says  he  does  not  write  nil 
in  his  notes  ? 

Sir  G,  IVeby.  Let  that  pass  for  a  rule,  and 
then  no  witness  the  v  produce  can  be  believeil. 

Sir  Fr,  Winn.  Tb^  have  given  evidence  1^ 
witnesses  viva  voce^  without  notes,  and  make 
an  objection,  because  he  does  not  remember 
every  passa^ ;  therefore  he  signifies  nothing'. 
We  ui^  it  m  point  of  evidence,  my  lord ;  be 
is  kiiown  to  be  a  man  very  dexterous  in  writin|^ 
short-hand ;  in  a  material  (hing  he  swears  to 
the  best  of  his  remembrance.  He  took  them 
from  the  month  of  the  person  that  swore  at 
that  time.  My  lord,  we  asked  him,  wheiAicr 
he  writ  any  thmg  that  was  not  said.  We  leave 
it  ia  point  of  evidence,  my  lord,  to  oicomBfeer 
theirs. 

Mf.  Williams.  We  would  give  our  evidence 
in,  if  thev  would  give  us  leave.— Richard 
Beaver,  Were  yoo  by,  at  Mr.  PiUungton'a 
trial  ? 

Beaver.  My  lord,  I  was  by  all  the  while. 

Just.  Jones,  Did  you  take  notes  ? 

Mr.  Williams.  Were  you  prf*s'^nt  at  the  trial 
of  Mr.  Pilkington  f^ Beaver.  I  was  present. 

Mr.  Williams.  Can  you  remember  what  was 
sworn  by  sir  Patience  Ward  upon  that  trial  ? 

Beaver.  Yes,  Sir. 

Mr«  Williams,  Can  you  remember  what  air 
Patience  Ward  swore  oouceming  cutting  of 
throats? 

Beaver,  My  lord,  be  did  say.  that  to  his  beat 
remembrance  the  discourse  was  over  before 
PJUin^ttm  came  into  the  room.     '  To  the  heat 

*  of  my  remembrance,  ray  lord,  that  diseourae 
'  conretniug  the  duke  was  over  bvlure  Pilking* 

*  too  came  mto  the  room. 

Mr.  WtUiams.  How  did  he  express  it  ?  pray 
swear  h  hat  sir  Patinice  Ward  spake  $  Idll  now 
Le  expre:dedliimaei£ 


tei] 


STATE  TRIALS,  S5  Chahl^  IT.  l6&3.— >r  Ptrjmnf, 


[322 


,  Beater,  Sir  PMienoe  Ward  did  «ay,  to  tbe 
kit  of  lui  vemembrance,  that  the  disconne 
coDoernin^  his  highnesn  the  duke  cf  YoHc  wai 
«vcr  before  aberiff  PiUdngton  came  into  the 
n»oai,  where  they  weire  smoking  tobacco. 
•  Mr.  WUUams.  He  said  these  words  to  the 
bKt  of  his  remembrance  ? 

Beaver.  He  did  so.  Upon  which. sir  George 
Jefieries  said  again  to  him,  that  he  had  a  good 
Memory;  and  he  said  he  had,  and  my  lord 
chief  justice  said,  you  may  thank  God  you 
have  a  good  memory;  my  lord  chief  joatice 
kimselfsaidso* 

Hr.  WUHana,  What  did  he  say? 

Beaver.  To  the  best  of  his  knowledge,  he  did 
not  hear  a^  thing  of  cutting  of  throats. 

Sir  Fr.  tvinn.  Can  you  remember  the  way 
of  his  etpresaon  ? 

Beaver^  The  way  of  his  expression  was,  as 
I  remember,  to  the  best  of  n^y  remembrance,  he 
did  strike  lus  hand  upon  his  breast, .  and  said, 
when  sheriflT  Pilkington  came  in,  he  struck 
his  hand  upon  his  breast,  and  asked  him  if  he 
■Kftnt  Hubert,  so  he  said,  upon  his  salyation, 
or  fo  the  best  of  his  knowledge. . 
•  8ir  Fr.  Winn.  What  did  be  say  ? 

Beaver.  He  said — 

Sir  Fr.  Winn.  What  did  he  say  conoarning 
OBtting  of  throats  ? 

Beaver.  Ae  said  he  did  not  hear  any  thing, 
aabebebered. 
*    Just.  Janes.  Of  what  ? 

Beaver,  Of  cutting  of  throats. 

Just.  Janes.  Is  that  all  he  said,  he  did  not 
hear  any  thing  of  cottipg  of  throats  ? 

L.C.  J.  You  friend ;  you  said  that  sir  Pa- 
tience Ward  said  he  did  not  remember  any 
thing  of  cutting  of  throats  ;  did  you  say  so  P 

&aver.  Yes,  my  lord. 

L.  C.  /.  And  thereupon  you  say,  my  lord 

liefjastioe  did  commend  his  memory  for  it ; 
pry'tbee,how  came  he  to  be  praised  for  such  a 
cnat  memory  when  be  said  he  did  not  remem- 
ber any  thing  ?  Thou  hast  not  laid  the  plot 
weU  together. 

.  Just.  Wit  hens.  Was  he  commended  because 
he  said  he  did  not  remember  P 

Just.  Jones.  Where  did  you  stand  ? 

Beaver,  I  stood  oTer-against  sir  Patience 
Ward- 
'  Just  Janes.  Did  yon  hear  well  P 

Bearer.  Yes,  my  lord,  I  heard  every  word. 
Hesaid  he  got  honour  by  speaking  words  against 
the  Duke  ofYork. 

SvA.  Jones.  What  is  that? 

Beaver.  .Th^X  Pilkington  had  got  honour 
bv  meaking  against  his  highness  the  duke  of 

Serj.  Jeff.  In  the  mean  time  look  that  part 
ant  in  your  notes,  that  he  speaks  of.  Now  I 
woidd  aak  you  a  questi6o,  friend. 
'  Att.  Oen.  Pray  will  you  recollect  yourself  ? 
Didyou  hear  sir  Patience  Ward  say,  to  the 
best  of  lus  remembrance,  the  discourse  concem- 
iog  Aie  duke  qIl  York  was  ended  before  Pilking- 
ton eame  in  P  Pray  what  did  he  say,  tOttcUng. 
the  discouiae  of  thedukiB  of  York  P 

VOL.  IX. 


Beaver.  Sir,  hesaidtohisbertrememhranco 
that  diaoonrse  was  over. 

Att.  Gen.  What  discourse  P 

Beaver.  Concerning  his  highness,  that  it 
was  orer.  ,  .       •    ^ 

SoKf.Jeff.  Mr.  Bearer,  I  would  ask  yon  ii 
Ijuestion,  becaute  I  know  you  wiUronember 
it  presently.  Do  you  remember  any  thing  sir 
Patience  Ward  swore,  tlwt  he  newer  had  a  law 
suit  in  his  life  P  Do  you  remember  any  thing 
ofthatP  • 

Beaver,  If  you  please,  |9ir,  there  was  some- 
thing said  of  tnat.'  % 

Snr|.  Jeff.  Then  look  that  in  your  notes  too; 
Bir.  Blaney— — 'Pray,  upon  youivoaib,  do  you 
remember  he  used  the  word  '  positively  ?'         * 

Beaver.  Nothing  at  all,^  positively. 

Id,  C.  J.  Upon  my  word  your  memory  must 
be  commend<Ml. 

Serj.  Jeff.  Mr.  Beaver,  where  do  you  live,. 
Mr.  Beaver  P 

Beaver.  I  live,  sir !  You  know  weD  eftougb, 
sir:  what  would  you  say  to  me  ? 

8etj.Jeff.  lonlydeaire  to  know  where  you 
live.  Sir. 

Beaver.  I  live  in  Soaper-lane,  Sir. 

Mr.  Williams.  He  is  an  honest  man.  Ha 
was  commended  when  he  was  chnrch*  warden, 

Seij.Je^  Many  a  wise  man  hath  beenin  that 
employ. 

Mr.  Williams,  5Ir.  Crii^,  yon  were  present 
at  the  trial  between  his  royal  highness  and  Mr. 
Pilkington. 

Cri^,  My  lord,  I  was  present  here. 

Mr.  WHliams.  Can  you  remember,  Sir,^vhat 
was  sworn  by  sir  Patience  Wkrd  concerning 
cutting  of  throats,  and  how  he  sware  it  P 

(^risp.  I  cai>not  give  any  perfect  account :  I 
was  here,  and  a  great  many,  expresnpns  I  did- 
hear,  a  great  matby  1  did  not  hear.  I  beard  sir 
Henry  Tuise  give  some  account,  and  sir 
William  Hooker,  that  Mr.  Pilkinffton  should 
say  such  words  about  the  diuce's  being 
come. ' 

Just.  Withens.    Go  on,  pray,  gentlemen.- 

Mr.  Williams,  Can  you  say  any  thing  of, 
what  sir  -Patience  Ward  swore  about  cutting  of 
throats? 

Crisp.  Sir'  Patience  Ward  was  speaking 
whether  or  no  such  words  were  spoken  that 
were  swore ;  he  did  say  there  was  something 
said,  that  *  he  was  conie  to  bum  the  city,'  that 
he  did  confess :  but  as  to  '  cutting  of  throats,' 
tiiere  was  not  a  word  spoken  *  in  my  hearing,', 
or  to  the  best  of  my  '  remembrance,\or  some* 
thing  to  that  purpose,  I  cannot  be  fjositive. 

Air.  Williams.  Can  you  be  positive  in  this. 
Sir,  that  he  said  <  in  \aa  hearing,'  or  ^  I  cannot 
*  be  positive? 

Crisp.   I  took  it  in  that  wav,  Sir. 

Mr.  Williams.  Pray,  Mr."^  Crisp,  I  would 
ask  you  this  P  Da  you  remember  any  thing  he 
said,  whether  IJr.  PiOrin^n  was  in  the  room, 
when  there  was  any  discourse  of  his  royal 
bigness,  or  the  duke' of  York  ? 

Crisp.  To  the  best  of  my  memory,  he  spake 
it  thus:  We  were  dijicourslng  together  about 

Y 


325]    STATE  *|;&tALS,  $$  Ch ables  II.  i6S3.— W-W  of  SSr  Patknee  Ward,    [3524 


Ifoiii^  to  wait  m  hm  nAJestv,  and  then  to  go 
to  his  royal  highness;  mm  we  entered  into^ 
some  other  discoorse ;  and  when  we  were  dis- 
eoivsoig  of  that,  Mr.  PiHdngton  camertotfae 
table  to  us :  it  was  concerning  the  work  of  the 
day;  aiid  when  we  were  about  that  ^diacooise, 
Mr.  FiDdi^^Qainetoustdthetable.  Whe- 
ther he  said  he  was  not  in  the  room,  or  can^e 
mto  the  room  then,  I  cannot  toll ;  but  I  re- 
member he  said  he  came  to  the  taUe  to  us 
-when  we  were  about  this  discourse. 

*  Sir  IV.  Winn.  Do  you  remember  any  thmg 
that  my  lord  chief  justice  said  to  sir  nitieDee 
Ward's  evidenee. 

Crisp.  That  I  reroerober  more  than  any 
other  particokr,  beoauM  sir  George  Jelferies 
had  made  some  reflection  upon  sir  Patience 
Ward,  and  my  lord'  said,  8ir  Patience,  that  is 
usual  with  counsel  to  speak  so  to  evidence ; 
hnt  do  you  go  on  with  your  evidence  for  all 
that,  says  my  lord  chief  justice ;  sir  Patience, 
ridcollect  yourself;  it  is  supposed  by  your  evi- 
dence, that  vou  feare  out  those  worJfs,  either 
about  the  duke  of  Yoric's  being  named,  or 
about  <  cutting  of  throats ;  therefore,  sir  Pa^* 
tienc^,  recollect  yomrselfT  Says  sir  P^Oienee, 
I  do  speak  it  to  the  best  of  mv  memory.  Says 
M  George  Jefferies,  upon  tbator  some  other 
time,  Your  invention  is  better  than  your  me- 
mory, which  I  took  more  notice  of  than  other 
thinpiv. 

Sir  JPr.  Winn,  When  my  lord  chief  justice 
bade  him  recollect  himself^  how  did  he  express 
himself?  Did  hcf  say,  to  the  best  of  his  mo- 
monr?— Crij/).  That  he  did,  positively. 

Mr.  WillituAB.  Mr.  Crisp,  recollect  yourself, 
as  near  as  may  \3fii  When  my  lord  chief  jus- 
tice made  that  a^Wer,  either  to  those  words 
of  i  cutting  of  throats,'  or  the  duke  of  York's 
being  mentioned ;  was  it  in  the  conclusion  of 
his  evidence  r 

Criip.  It  was  towards  the  conclusion ;  for 
I. went  away,  being  very  much  swdtered. 

Serj.  Jejf.  Mr.  Crisp,  did  you  hear  sir  Pa- 
tience Ward  say,  in  his  evidence,  that  he  never 
had  any  suit? 

Crisp.  He  did  speak  something  when  you 
did  reflect  upon  him, '  I  do  not  remember  that 
'  ever  I  had  any  thinff  to  do  with  courts ;  my 
*■  business  is  at  home.' 

Seij.  Jeff,  A  further  question  I  ask.  Mr. 
Crisp,  can  you  tell  upon  your  oath,  whether 
nr  Patience  Ward  swore  any  thing  posi- 
tively P 

Crisp.  I  do  not  know,  Shr ;  I  took  no  notes 
at  all ;  I  cannot  swear,  or  declare  fhpse  words 
which  were  not  spoken  ;  but  still  it  was  in  *  his 

*  hearing,'  or  the  *  best  of  bis  memory.' 

Se]j.  Jeff.  Do  you  remember  he  ever  used 
the  word  ^  positively,*  or  was  positive  in  any 
]^  of  that  trial? 

Crisp.  I  do  rememl^er  he  spoke  it  very  po- 
sitively }  but  whether  he  said  the  word  *  posi- 

*  iive,'  I  cannot^say ;  but  still  it  was  wich  this 
feservation. 

Seij.  Jeff  Hark  you,  Mr.  Crisp,  I  will  ask 
you  one  thing  more.    Do  yon  take  it  upon 


your  oath  pootively ,  that  he  used  either  to  di« 

<  beat  of  his  memory,'  or  the  *  best  of  bta  \m* 

<  lief,'  in  any  thing  be  said  ? 

Crisp,  In  his  answer  tp  my  lord  ehief  jitt<« 
tice  he  did. 

Seg.  Jeff.  Jn  any  other  part,  will  you  take 
it  ujion  your  oath,  positively,  that  he  ever  used 
'  the  b»Bi  of  bis  remembranor,'  or  the  *  best 

*  of  his  belief?' 

Crisp.  I  said  before,  I  did  not  fix  it  in  mf 
memosy. 

Sir  Fr.  Winn.  My  lord,  he  thinks  it  oon- 
venient  to  say  to  the  best  of  his  memory  to«& 
CaU  Mr.  Wright. 

[Here  the  king's  counsel  attempted  to  re- 
mark on  the  evidence.3 

Mr.  Williams.  Pray,  my  kwd,  when  w« 
havel^ven  all  our  evidence  mtire,  if  they  have 
any  cwservation,  we  will  submit  to  it ;  but  i» 
remark  upon  every  witness,  would  occasion 
too  many  mierruptions*  We  would  give  Our 
evidence  intire. 

L.  C.  J.  Vou  will  agree,  that  they  may  ask 
a  question  when  you  have  done  with  them  ? 

Mr.  Hoh  (to  Mr.  Wright).  Was  you  present 
at  the  trial  between  his  royal  highness  and  Mr. 
Pilkington? 

Wright.  Yes,  Sir ;  and  sir  Patience  Ward, 
I  remember,  was  asked  this  question.  Whether 
he  heard  any  words  concerning  kOling,  or  cut* 
ting  of  throats ;  and  sir  Patience  Wlrd  saicfy 
For  <  killing'  1  heard  that  discourse;  but  for 

*  cutting  of  throats,*  he  never  mentioned. 
Mr,  Witliams.   You  are  a  gentleman  that 

exercise  your  mempry ;  pray,  oir,  did  he  b9j 
anything  of  cutting  of  throats  ? 

Wright.  It  was  to  *  his  bearing^  or  tlM^ 
*'  best  of  his  remembrance ;'  be  did  it  very 
cautiously. 

Mr.  Williams.  Was  it  as  he  believed  or  re- 
membenad,  Mr.  Wright?  Did  be  say  posi« 
tively  there  was  no  discourse  of  cutting  of 
throats,  positively,  or  with  any  reference  to  \a9 
hearing? 

Wnght.  As  far  as  I  can  remember,  thus  be 
said,  Xbere  was  a  discoune  concerning  <  firinfT 

<  the  city,'  but  not  concerning  <  cutting  of 

*  throats.' 
Mr.  Williams.    Did  he  say  that  positivdj, 

or  to  the  best  of  bis  understandiug^? 

Wright.  The  occasion  of  it  was  (his,  Slr» 
VFhether  Mr.  Pilkington  was  present  when  the 
discourse  was  about  waiting  on  his  majesty^  to 
conffratulate  his  coming  to  town  from  New- 
tna»et,  and  his  royal  highness ;  sir  Patience 
Ward  did  believe  he  was  not  then  present  when 
the  discourse  was ;  he.  was  in  Guildhall,  with 
the  lord  mayor,  licensing  of  ale-houses. 

Sir  Pr.  Winn.  When  he  did  mention  that 
about  <  cutting  of  throats/  how  did  he  express 
himself? 

.    Wright.  <  I  believe,  or  do  think^  there  wae 
^  no  such  word  spoken.' 
'  Serj.  Jeff.    I  would  ask  your  parson  one 
question. 

Wright.  What  yon  please,  sir  Geofge. 


3Q$j 


STATE  TRIALS,  35  Chakks  II.  ]fiS3.— /w*  Perjury. 


[326 


JtL  Gm,  Can  Toa  swear  yoarself  posi* 
iirehr  what  be  sttd  ? 
Wright,   I  swear  thus  &r,  aocording  to^  my 


Seij.  J^l   I  wooJd  ask  him  a  questio' 

Att.  Gen.   All  iasoi^  must  be  tried  by  belief 

er  memory ;  what  new  practice  is  this  ?  Cao 

yoo  swear  this  upon  your  oath,  or  do  yoo  only 

•ay,  I  think  or  believe  it  ? 

^Wright.    I  speak  to  the  best  of  my  reraem- 


Serj.  Jeff.  Mr.  Wright,  I  would  ask  you  a 
qoestioD.  If  I  take  you  right,  at  the  hegm- 
mag,  there  was  a  talk  concerning  kHfing  and 
cattiiig  of  throats;  my  lord,  I  appeal  to  the 
meskory  of  the  court  and  the  jury,  if  he  did 
not  say  it  two  or  three  times  over.  Mr,  Wright, 
lememher  what  I  say. 

Recorder,   fie  did  say  it  caotioiisly. 

Just.  Joneis.   He  did  not  insist  upon  it. 

Seg.  Jef,  Was  there  any  discourse,  upon 
your  oath,  when  sir  Patience  Ward  gave  his 
testimony,  that  there  was  any  discourse  con- 
cerning kiDine  and  cutting  of  throats  ? 

Wright .  He  believed  that  the  word  *  kilfing' 
was  not  spoken  in  Mr.  Pilkington*s  hearing. 

Hetj,  Jeff'  Now  I  ask  you  another  question. 
Now,  Mr.  Wright,  pray  do  you  remember  that 
there  was  any  discourse  concerning  sir  Pa- 
tience's having  a  law-snit,  or  no  law-suit  ? 

Wrig^.  Sir  Patience  said  this  when  yon 
made  &  reflection  upon  him. '  My  lord,  1  hope 
you  win  not  sufier  me  to  be  abused;  for  I 
never  remember  I  was  in  any  court  upon  any 
•oeasioii  of  law  before. 

Seg.  Jeff.  Now  I  would  ask  you  another 
question,  Mr.  Wright,  because  yon  have  re- 
membered more  tmm  other  people  have  re- 
membered ;  you  have,  by  your  profession,  an 
extraordinary  occasion  to  use  your  memory; 
do  yoa  tidce  it  upon  j^pur  oath,  tiiat  he  did 
give  any  evidence  positively  ? 

Wright.  I  do  not  remeinber  he  used  the 
word  '  positively.' 

Serj.  Jeff.  Did  he  swear  any  thing  positive]  v.^ 

'  Wright.  I  do  not  know  what  you  mean  by 
*  positively.' 

Herj.  Jeff.  Bo  yon  take  it  upon  your  oath 
thai  he  did  positively  declare  any  thing  in  that 
trial?  Metninks  a  man  of  your  profession 
ihoiilil  understand  that. 

L.  C.  J.  Did  he  speak  <  positively,'  or  '  the 
'  best  of  bis  remembrance  r  Do  yon  not  un- 
derstand ihat  word  ? 

Beg.  Jeff.  Or  directly,  oi:  categorically,  or 
any  word  yon  use ;  I  perceive  you  do  not  un- 
derstand *  positive,'  therefore  I  put  another 
word. 

Att.  Gen,  Did  he  swear  any  thing  posi- 
Jifdy? 

Wright,  The  most  of  his  evidence  that  I 
heard,  was  with  cautionary  words,  to  the  best 
of  his  remembranoe. 

Soj.  Jeff.  Do  you  remeniber  he  swore  any 
iSuDg  positively  ?  ,  . 

Wright.  IcumotxememberySir,  thewhole 
triiL  ', 

1 


Serj.  Jeff.  IMd  he  swear  any  thing  directly 
or  positively  ?.  ^ 

Wright,  Thus  &r  he  sidd.  To  the  best  i>f 
my  remembrance,  to  ^he  best  of  my  know- 
le^;e,  this  dkcourse  wats  over. 

Serj.  Jeff  Did  he  directly  swear  it  ? 

Wright.  My  lord,  he  spake,  cautionaril|r, 
those  words  he  spake  directly. 

Ati,  Gen.  Did  he  swear  any  ^ling  indi- 
rectly ? 

Swj.  Jeff.  Where  does  my  parson  live? 
Where  do  you  live,  Mr.  Wright  r  Upon  yovir 
oath,  where  do  jrou  live,  before  you  ^b  ? 

Wright.  If  It  be  a  material  question,  I  wiU 
answer  it. 

Just.  Raymund.  You  must  do  it. 

Wright.  My  lord,  1  live  in  Essex,  at  Wal- 
thamstow. 

Serj.  Jeffl  Are  you  the  minister  of  the  placef 

Wright.   Yes,  Sir. 

Serj.  Jeff.  He  hath  heard  the  word  *  killing^ 
which  nobody  else  heard  before. 

JiHt.  Willianu.  Pray  call  colonel  Birch. 

Mr.  Holt.  Come,  cd.  Birch,  will  you  come 
over  on  this  side  F 

Mr.  Williams.  Thus,  were  yon  at  the  trial, 
between  his  royal  highness  and  Mr.  PilktngtOn? 

Col.  Rirch.  I  was.  My  lord,  I  am  sworn 
to  speak  the  tni^,  and  the  whole  truth,  and 
nothing  but  the  truth.  As  for  speakinjg  no- 
thing but  the  truth,  I  shall  be  sure  to  £ ;  as 
to  speak  the  whole  truth,  I  cannot  My  lord, 
I  stood  where  those  gentlemen  do.  Some- 
times I  could  hear,  sometimes  I  fell  back,  and 
could  not  hear,  so  that  *  indeed  I  cannot  spedc 
to  any  ope  sentence  as  it  was  delivered.  Thft 
is  all  I  can  say. 

Mr.  Williams.  Then  say  what  you  can. 

Mr.  Rdt.    Colonel,  please. to  go  your  own 

Col.  Birch.  My  lord,  that  which  I  took  no^ 
tice  of  was  the  caution  that  I  observed  sir  Pa- 
tience. Ward  to  give  his  evidence  with,  that 
was  the  principal  thing ;  I  heard  fiome  piecep 
of  other  things,  and  then  by -and  by  I  was  put 
out  of  hearing. '  But  methought  it  was  some- 
thing  strange,  because  I  have  not  usually  heard 
the  Ske,  and  therefore  I  charged  my  memori^ 
with  it ;  that  is,  Some  things  he  said  to  the 
best  of  his  memory,  other  things  as  he  remem* 
bered,  or  to  the  best  of  his  knowledge ;  these 
were  the  things  that  I  charged  my  memory 
withd,  but  to  what  sentence  he  applied,  I  am 
not  able  to  give  your  lordship  an  accoimt,  upoa 
my  oath. 

Mr.  Williams.  Colonel  Birch,  did  you  ob- 
serve this  in  giving  his  evidence,  generally : 
was  it  according  to  his  remembrance,  or  cau- 
tiously? 

Col.  Birch.   That  warf  the  main  thing  be- 
spoke of;  what  he  did  in  the  general,  was 
with  caution. 

Att.  Gen.  Can  you  judge  of  that  by  wliat 
you  heard? 

Col.  Birch.   I  am  very  ancient,  Mr.  Attor- 
ney; but  I  canju^eof  a  man's  caution  Ky 
his  speaking. 


^27}    STATE  TRIALS,  35  Ghables  21.  l6S$.^Trial  of  Sir  Peiimee  Ward,    £92^ 

Mr.  Williamt.  Did  yon  observe  upon  .the 
trial,  that  sir  Patience  Ward  did  swear  g^»- 
nerally  po8itivdy>  or  to  the  best  of  bis  remem- 
brance ? 

Baker,  I  apprebended  bim  to  swear  to  hm 
hearing  and  memory  sopfietimes. 

Just.  Jonet.  Do  yon  remember  the  partico- 
krtbiogft  be  swore  ^ — Baker*  No,  my  lord. 

Seij.  Jeff.  I  would  ask  Mr.  Blaney  (his :  J 
know  you  exactly  take  notice  of  what  he  says  ; 
find  o>ut  in  your  book.  Sir  Patience,  sir  Patieace, 
you  speak  to  yonr  mepnory. 

Mr.  WUUanu,  Mr.  Bennet,  pray  can  you 
Temember  what  was  sworn  by  sir  Fstkoce 
Ward? 

Bennet.  Sir,  I  was  here,  and  I  oouU  bear 
very  litde ;  but  then  some,  time  afVer,  some*- 
thing  towards  the  latter  end,  I  got  my  head  io^ 
and  could  hear  a  li^e,  and  that  was  that  Mr. 
Pilkington  was  not  at  the  taUe,  and  the  dis- 
course was  ended  before  he  came,  of  waittnip 
upon  his  royal  highness,  about  going  to  hia 
majesty,  and  after  to  St.  James's. 

Mr.  WilUanii,  How  did  he'  speak  that,  poair 
tiveiy,  or  to  his  remembrance  ? 

Bennet,  He  was  asked  both  by  you  and  sir 
George  Jefivries.  He  did  not  answer  you,  but 
he  answered  sirGcof^^ ;  for  sir  George  asked 
him  (his  (question.  Was  this  discourse  quite 
over  before  Mr.  Pilkington  came  in  ?  He  di^ 
declare— (I  will  tell  you  immediately,  if  you 
will  gif  e  me  leave)  He  did  declare  not  one  tittle 
was  spoken,  or  to  that  purpose.  It  was  the 
latter  part,  near  it  I  am  sure. 
'  Sir  JFV.  Winn*  How  did  he  express  bimaelf  19 
that  ? 

Bennet.  He  declared,  as  I  have-  told  yon, 
that  not  one  syllable  was  spoken  in  hie 
hearing. 

SirJPr.  Winn.  He  says,  my  lord,  that  nol 
one  syllable  was  spoken  in  bis  hearing. 

Seij.  Jeff.  The  court  hears  what  he  says. 

Sir  Fr.  Wmn^  Sir,  that  agrees  with  the  notes 
of  Mr.  Blaney. 

Serf.  Jeff.  The  word  that  he  said  was,  to 
the  best  of  bis  memory.  How  was  the  word» 
sir  Patience,  sir  Patience! 

Blan^. .  That  was  not  in.  Sir. 

Sir  Fr.  Wiiin.  My  k>rd,  now  we  will  ge  t» 
another,  part  of  the  evjdence ;  we  win  call 
persons  of  quafity,  that  have  long  known  air 
Patience  Ward,  tbat  will  give  your  lordship  aa 
account,  whether  he  be  a  man  lik^'  to  i^- 
swear  himself  corruptly  and  wilAiUy.— GKr 
William  Russel,  are  you  sworn?  Pray  how 
long  have  you  known  sir  Patience  Ward? 

Sr  W.  RuueL  Near  upon  20  years.    « 

Sir  Fr.  Winn.  Pray  will  you  give  an  ao 
oonnt  what  you  know  of  him  ? 

Sir  W.  Russel.  I  have  had  several  tnmsiic* 
tions  with  him  foi^  several  sums  of  money,  I 
never  found  but  very  iair,  and  bonesl^  and  re- 
putable dealing.  I  have  known  him  almo8| 
SO  years,  I  have  deak  with  him  for  several 
sums  of  money,  and  have  (bund  him  very  fiur, 
iust  and  reputable  in  aU  transactions  befvreen 


Att.  Gen^  Cplonel,  did  yon  see  him 
his  hand  upon  his  breast? 

Col.  Birch.  1:  do  not  remember.  I  cannot 
apply  it  to  any  sentence ;  but  from  henceforth 
I  Mriu  never  give  evidence,  but  what  I  can  do 
directly. 

Mr.  Williams.  Mr.  Noitbey,  were  you  at 
the  trial  between  bis  royal  highness  and  BIr. 
Pilkington? 

iforthey.   My  lord,  I  was  there,  and*  stood 
^  behind  there,  but  1  could  not  hear  very  per- 
fectlv,  to  know  any  sentences  fully. 

Bfr.  Williams.    What  did  you  observe  ? 

Northey.  I  do  remember  that  sir  Patience 
Ward  did  several  times  say,  to  the  best  of  his 
memory,  and  to  the  best  of  his  knowledge,  one 
time  particularly,  sir  George  Jefleries  did  par* 
ticularly  say,  that  his  invention  was  better  than 
his  memory. 

Mr. . Thompson.  Was  that  towards  the  con- 
clusion of  his  evidence^  , 

Northey.   He  did  it  several  times. 

Mr.  T&fmpson.    But  that  time.  Sir  ? 

Northey^  He  did  swear  very  cautiously,  to 
the  .best-  of  his  remembrance ;  I  cannot,  my 
lord,  say  what  he  swore. 

Sen.  Jeff.  You  heard  my  question :  when 
I  said  to  him  his  invention  was  better  than  his 
memory,  upon  your  oath,  upon  what  occasion 
was  it? 

Northey.  Really  I  cannot  say,  sir  George, 
what ;  but  your  voice  being  much  louder  than 
other  men's  I  heard  you  plainly. 

Mr.  Boll,  Mr.  Nelson,  were  you  at  the  trial  ? 

Nelson.  My  lord,  1  was  present  at  tlie  trial, 
and^in  some  cases  sir  Patience  Ward  did  rely 
upon  his  memory,  for  sir  George  told  him,  his 
invention  was  better  than  his  memory. 

Mr.  Williofus.  Do  you  remember  generally 
he  did  so  ? 

Nplson.  I  had  not  remembered  this,  Mr. 
Williams,  if  it  had  not  been  fox  sir  Gewge  Jef- 
feries's  reply. 

Sir  Fr.  iVian.  Mr.  Baker,  pray  will  you 
tell  my  lord  what  you  know  of  sir  Patience 
Ward's  giving^  evidence  ? 

Baker.  My  lord^  according  to  the  best  of 
my  remembrance,  my  lord  chief  justice  Pern- 
.berton  did  say,  sir  Patience,  sir  Patience,  vou 
speak  to  the  best  of  your  memory,  to  the  nest 
of  your  remembrance;  I  say,  my  lord  chief 
justice  Pembertou  did  speak  to  sir  Patience 
Ward,  sir  Patience,  sir  Patience,  you  speak-to 
the  best  of  your,  memory.  My  lord,  says  he, 
I  do  it  to  the  best  of  my  remembrance;  my 
lord,  all  that  I  can  say. 
.  Mr.  Williams.  X^an  you  remember  the  oc- 
casion of  this,  or  the  time  ? 

Baker.  My  lord  spoke  to  him  once  or  twice ; 
pa  I  remember,  he  said  once,  mind  yonr  evi- 
dence, sir  Patience ;  sir  Patience  was  angry  a 
little  at  somebody. 
.    Mr.  Williams.  Can  you^  say  what  was  it  ? 

Baker.  Some  words,  ^  I  remember,  passed 
between  sir  Geoige  Jefferies  and  sir  P^ence. 

Mr.  Wiliiams.  And  what  was  the  occasion  ? 

Baker.  1  cannot  remember,  itideed. 


liim  and  me. 


99] 


STATE  TRIALS^SS  CHMtLBS  II.  iGS^^mr  Perfuif. 


£330 


Mr.  WiUiam,  Do  yoo  Oink  be  would  wil- 
kij  or  eocmptlj  foiswear  himself? 

w  IF.  RmsteL  I  nerer  bad  that  opinioti  of 
him :  I  was  impaimeDed  upon  the  jyoy,  but  the 
eoait  refused  me,  and  I  went  away. 

Air.  WiUuau,  Sir,^  did  you  observe  him  to 
ke  a  man  of  truth  in  his  tradbig  ? 

Sir  W.  Riusel.  ETer.Sir. 
*  Vr.WiUiamSn  Was  he  given  to  tell  lies,  or 
[itvancate? 

Sir  FT.  Rustel.  I  always  found  him  a  man 
of  truth  and  justice  in  his  dealing,  all  the  time  I 
dealt  with  lum« 

Set}.  Jeffl  8a  WilKam,  I  know  you  will 
■peak  the  truth ;  you  are  a  civil  gentleman. 
Have  you  not  taken  him  to  be  a  factious  sedi- 
tious man  ?  Did  you  look  upon  him  to  be  a  ^ 
man  weU-affected  to  the  king  and  govern- 
ment P 

Sir  W,  BmsscI,  I  never  did  concern  myself 
in  those  affiiirs  much,  I  never  had  any  converse 
with  him  about  them. 

Seg.  Jeffl  I  know  you  were  a  oommon- 
43oimal-man  in  his  mayoralty. 

Sh  W.  Ru$9eL  1  was  a  common  •  council- 
man in  his  time. 

Ait,  Gen,  Pray  upon  your  oath,  did  you 
look  upon  him  to  be  a  man  well  afiected  to  the 
government? 

Sir  W.  Rustel.  I  do  not  understand,  Mr. 
Attorney,  that  I  ought  to  pass  my  opimon  upon 
penoDs  in  thatpoint. 

Ait,  Gen.  Have  you  not  observed  in  the 
4nty  bis  actions  there  ? 

Sir  W.  RuueL  I  was  concerned  in  that  time 
wbeo  he  was  mayor. 

Att,  Gen.  How  did  you  observe  bim  ? 

Sir  W,  Buitel,  ^  I  do  not  know  that  I  have 
heard  him  sp«ik  in  a  court  of  aldermen. 

Ait.  Gen.  I  ask  you,  Sir,  would  he  strain  a 
point  to  serve  a  party  ? 

Stf  W.  EuiteL  Ido  not  know.  Sir. 

Mr.  Williams.  I  think  you  have  known  sir 
Puieoce  a  Sfeat  while :  Do  you  take  him  to 
be  a  good  suoject  to  the  king,  or  no  ?    . 

Sir  W.  Bumel.  I  never  Knew  otherwise  by 
him. 

Sir  JV.  Winn.  Mr.  John  Johnson. 

Just.  Jones.  This  kind  of  evidence  doth 
weurfa  rery  little. 

Kecarder,  It  is  a  very  improbable  thing,  that 
a  man  that  hath  borne  so  many  great  offices,' 
dtat  hath  represented  the  king  in  that  ^reat 
office  of  lord  mayor,  should  be  guil^  of  this. 

Ait.  Gen. ;  My  lord,  if  they  talk  or  reputation 
at  large,' we  will  call  all  the  court  here  for  the 
r^otatian  of  our  witnesses. 

Just.  Janes.  ^  For  a  man  that  hath  been  Ik» 
qminent  as  sir  Patience  hath  been,  there  is 
very  little  more  to  be  said  for  his  reputation. 

Dir  jyi  IFiiift.  Mr.  Johnson,  do"  yo«  know 
.sir  Patience  Ward  ?'^Johnson.  Yes,  Sir. 

ftr  Fr.  Winn.  How  long,  Mr.  Johnson,  have 
yoD  known  hini  ? 

Jokuon.'  Ten  or  twelve  years,  ISr. 

%  Fr.  Winiu  Have  you  had  dealing  with 
Jiim? 


Jokmm.  Yest  Sir,  for  considerable  sums,  for 
thousands  of  pounds. 

Sir  JV.  Winn.  Has  he  dealt  with  yon  as  a 
jpstmn? 

Joknson.  A  very  honest  just  man  as  ever  I 
dealt  with  in  my  life. 

Sir  Fr.,  Winn.  Do  yon  tliink  he  would  for- 
swear himself? 

Johnson.  I  don't  think  he  would  teU  a  lie. 

Att.  Gen.  No,  not  for  a  party? 

Johnson.  No,  not  for  a  party.  Said  I,  sbr 
Patience  Ward,  you  are  lookedi  upon  to  be  a 
person  disaffected,  to  the  government.  Says 
ne.  It  is  my  misfortune ;  I  am  as  loyal  as  any 
man  in  England. 

Just.  Withins.  Hark  you,  IKr,  pray  how  cam? 
you  to  question  whether  he  was  or  no  ? 

Johnson.  ,Belng  intimate  with  hira,  Shr. 

Jost.  Withins.  What  made  you  doubt,  to 
adc  the  question  ? 

Mr.  Pollexfen.  Do  you  apprehend  him  to 
be  a  man  that  would  forswear  nimself  ? 

Johnson.  No,  truly,  he  was  a  man  of  fow 
words. 

Nr.  Follexfen.  Was  he  cautioos  ? 

Johnson.  Yes,  Sir,  as  exact  a  man  as  ever  I 
dealt  with  in  my  life. — 1  am  very  well  known 
in  the  court,  i  don't  come  to  serve  a  party* 
I  can  serve  his  majesty  as  well  as  some  m 
court. 

Sir  Fr.  Winn.  Mr.  Toriano,  how  long  have 
you  known  Sir  Patience  Ward  ? 

Mr. ' Toriano.  Thirty  years. 

Sir  Fr.  Winn.  In  afi.  the  time  have  you 
looked  upon  him  as  fair  in  his  dealing  ? 

Toriano.  1  have  known  him  a  man  oi  truth, 
one  that  would  not  be  false,  to  bis  knowledge. 

Sir  Fr.  Winn.  Do  you  think  he  would  for* 
swear  himself? 

Toriano.  I  don't  think  be  would  tell  a  lie  to 
his  knowledge. 

Serj.  Jeff.  You  say  how  long  you  hava 
known  sir  Patience  Ward:  Have  yon  not 
wondered  vfithin.3  or  4  years  ? 

Tortano.  I  have  not  meddled  with  things. 
He  hsiiix  by  his  discourse  been  as  loyal  as  man 
as  any. 

Mr.  Willianu.  Mr.  Pickering,  bow  long 
have  you  been  acquainted  with  sir  Patience 
Ward? 

Picke^ng.  My  lord,  I  have  been  acquaiaAed 
near  40  years.  We  bsve  dealt  together  as 
long  as  he  did  follow  a  trade. 

Mr.  Williams.  Pray,  in  your  oonversatioB 
and  dealing  with  him,  did  you  observe  him  a 
man  i^ven  to  lying,  or  falsniess,  or  deoeitfUU 
hess,  m  his  conversation  and  dealing  ? 

Pickering.  I  never  in  all  my  lifb  did  observe 
bim  guilty  of  any  thing,  inchnin^  that  way, 
but  of  a  fair  conversation,  .never  given  to  mai^ 
words. 

Mr.  Williams.  Dq  you  think  he  would  cop- 
rupUy  forswear  himself  upon  any  account? 

Ftckering.  Truly  I  bdieve  not  vrillingly  do 
it,  nor  any  ttiinff  that  way. 

Att.  Gen.  fiu.  Pickering,  yon  hstre  observed 

im  to  be  swervhur  Of  late  r 


him 


931]    STATEITRIALS,  35  Cha^lss  U.  l^S^TtiM  9f  Sir  PaUenee  Ward,  \Z^t 


Pkkering.  Truly  I  hart  been  a  ooimnon 
couQcil-mai)  m  the  ward  where  he  is  Mer- 
«MRi,  and  all  the  disooune  I  heard  frobt  him 
fpas  very  loyal  truly. 

IBeri.  Jeff(  By  hSs  actions  vou  hare  looked 
apoD  him  to  be  a  man  very  well  affected  to  the 
gfovtmrnent  ? 

Sir  Geo,  Trehy.CTo  Capt.  Griffith.)  Do  you 
Icnoff  sir  Patience  Ward  ? 

Capt.  Griffith,  I  have  known  him  evtr  fiince 
lie  hath  been  alderman  of  that  ward. 

8ir  G,  IVeJy.  How  many  years,  sir? 

Capt  Griffith,  About  Airteen  or  fourteen 
year^, 

ISu*  G.  Treby,  In  all  that  time  how  have  yon 
looked  upon  him  ? 

^  Capt.  w-iffith,  I  have  looked  upon  him  in 
<diat  repute  he  was  in  as  an  alderman.  I  never 
liad  any  dealin§f  with  him. 

Sir  G,  Trelw,  Did  you  think  he  would  fbr- 
«#ear  himself  r 

Capt.  Griffith,  No  truly,  I  think  no  man  of 
liOBouf  would  forswear  himself. 

Att,  Gen.  Captain  Griffith*,  upon  your  oath, 
how  hath  he  carried  himself  towards  the  go- 
yernment  ? 

Mr.  William.  Sii-  Harry  Tube,  in  all  your 
time  did  you  find  him  to  be  a  man  given  to 
lell  stories  for  truth  ? 

Sir  if.  Tuke.  Sir,  I  never  had  any  dealing 
with  him  in  matter  of  trade. 

Mr.  Williamk.  How  did  you  find  him  in  his 
conversation. 

Sir  H.  Tuhe.  Truly,  Sir,  I  never  heard  any 
thing  ill  of  him. 

B(r.  Williami,  Do  you  find  him  a  man  of 
fiilsi^  or  truth  in  his  conversation  ? 

Sir  H.  Tulse.  I  never  had  any  dealing,  so  can 
speak  little  ;  I  never  heard  any  thing  amiss  of 
mm  ;  I  have  heard  he  is  a  very  considerable 
merchant,  and  I  believe  he  is  so,  and  accounted 
a  very  civil  gentleman .  I  have  had  the  honour 
to  sit  in  the  court  of  aldermen  ten  years  with 
him,  .and  we  have  had  sometimes  some  differ- 
ence in  judgment. 

^  Sir  Geo.  Treby.  >Vould  he  wilfully  forswear 
iiimself,  do  you  think  ? 

Sir  H.  TuUe.  Tnily,  I  believe  not 

Serj.  Jeffl  Do  you  believe  every  ^iog  he 
«wore  at  the  last  trial  was  true  ?  You  are  upon 
yopt  oath,  sir  Harry  Tulse. 

Sir  H,  Tulse.  I  believe  they  were  not  true. 

Serj.  Jeff.  Sir  William  Hooker,  we  would 
give  you  no  mcfre  trouble. 

Bfr.  Williams^  Because  they  called  you,  Sir 
WiHiam,  I  would  ask  you  a  question,  what  do 
you  think  of  sir  Patience  Ward  P 

Sir  W,  Hooker.  Truly  thus,  according  as  it 
htfth  been  said ;  but  truly  when  I  consider  what 
*  condition  sir  Patience  Ward  was  in,  wfacui  he 
delivered  his  evidence;  for  to  my  reniem- 
hrance,  he  Ibdced  Like  k  man  three  quarters 
dead — 

Serj.  Jef.  Do  yon  believe  whatever  he  swore 
was  true  ? 

^  IK.  Boohef^  I  doiiot  remember  any  thing 
he  swore  then* 


Just.  JMCB.  Have  Jrott  dene  f 

Mr.  Williatm,  We  have  done,  we  leave  it  to 
the  court. 

Serj.  Je/fi  SirFnmGisIiBe— <8irFrancb,wer« 
yon  at  this  trial,  and  do  yon  remember  what  air 
Patiettoe  Ward  said  at  the  trial  ? 

Sir  JP.  Tfifnii.- Always  yoa  come  wHh  dropb 
at  last. 

Mr.  WilUami.  This  is  a  new  way  of  going  to 
woik. 

Sir  Fra.  Lee,  I  was  upon  the  jury  between 
hift  royM  faighnen  and  Mr.  Pilkington,  and  ritr 
Patience  did  swear,  that  Mr.  PilCngton  was 
not  in  the  room,  when  the  discourse  concerning 
the  dnke  of  York  was  mentioned  ;  but  afteri- 
wards  did  swear,  when  Mr.  Pilkington  said,  he 
hath  burnt  the  city,  said  he,  I  clapped  my  hand 
upon  his  mouth,  and  the  other  upon  hK  breairt, 
and  bid  him  explain  himself;  who  do  you  meait, 
Hubert  ?  Sir  Francis  Butler,  who  was  our  ibre.- 
man,  and  stood  next  to  me,  jogs^ed  me,  and  bifl 
me  take  notice  of  that ;  and  so  I  did  :  and  after 
we  had  this  disiconrse  together,  he  said,  air 
Francis,  I  would  have  had  you  to  take  notice : 
did  you  take  notice  of  it  ?  I  told  him  I  did. 
Truly  it  seemed  clear  to  me.  That  he  shoolii 
swear  he  was  not  present  at  the  discourse  about 
the  duke  of  York,  atid  afterwatds  be  must  hifer 
he  meant  the  duke  of  York ;  or  else,  what  should 
he  have  stopped  his  m<kith  for  ? 

Mr.  Wiuiams.  My  lord,  here  are  fl^ntlemeh 
that  heard  aU  the  trial,  they  might  have  been 
called  certainly  in  order.  But,  my  lord,  to  come 
in  at  last,  when  the  thing  is  heard  on  both  sidete 
tiien  to  come  in  with  witnesses  again,  I  do  noC 
\uiderstand. 

X.  C.  J.  They  may  caH  theirs,  when  you 
have  done  with  yours. 

Sir  F.  Winn.  My  lord,  I  will  bntput  this  one 
instance  ;  in  a  dvii  cause  it  hath  been  denied, 
much  more  in  penury. 

Mr.  Williana.  We  will  leave  it  to  the  court ; 
if  Mr.  Attorney  says  he  will,  we  will. 

Just.  Withtns,  Take  your  liberty  on  hoth 
sides,  I  pray. 

Att.  Gen.  If  sir  Patience  did  not  know  ft  to 
be  fiilse^  then  it  is  no  periury. 

Sir  Geo.  freby,  I  said  no  such  words.* 

Just.  ^Mi?u.  They  ^esdve  they  will  Con- 
clude ;  therefore,  gentlemen,  take  your  time.' 

Att.  Gen.  I  remember  what  you  proposed 
the  odier  day,  you  made  a  speech  after  two  » 
three  o'clock  in  the  afternoon . 

Sir  Geo,  Trehy.  Who,  did  I  ? 

Just.  Wlthins,  Nay,  gpod  gentlemen,  do  not 
quarrel. 

SirG^.  Treby.  Idesiretosayatrordortwd. 
That  your  evidence  doth  not  at  all  encounter 
ours,  It  stands  with  it ;  let  them  have  as  mucti 
reputation  as  they  will.  They  say,  sir  Patf- 
ence  Ward  did  say  thus  and  thus,  as  concern- 
ing catting  of  tiiroats,  and' as  concemfaig  dih 
discourse  Sebg  ended,  and  as  coiit*erninjg  the 
duke's  being  not  named  ;  ours  say  the  sattM 
too :  but  they  say  mot« ;  thc^  say,  he  said 
with  all  the  caution  in  the  world,  ftom  ilie  be- 
ginning to  the  end.    My  lord  chief  joitic^ 


»3] 


STATE  IRIAU^  35^  CtfAlLB&Ii.  iStX^fat  Pit^mrg. 


[594 


MfcymTeeoneothtiiiaeir;  he  layB,  1w  speiki 
to  kiiineiiKiry.  Upoa  sir  George  JeffeirieB*s 
^MtieDyliesays,  he  speakatothe  best  of  his 
lemembrance,  and  tiieraapen  is  tet  memora- 
Ue  mly  of  sir  Geoi^fe,  your  hiTei^ioit  is 
better  man  year  mentoy.  ,One  of  their  own 
vitneseeB  says  it  was  so,  and  so  says  Mr. 
Kttiey,  and  so  says  another  witness.  While 
Ihediscoane  continued,  whether  he  was  ther« 
sr  noy  sir  Harry  Tulse  doth  agree,  that  he 
cannot  say  he  dM  see  him.  Now,  nnder  ftiyour 
if  he  did  not  see  him,  hemight  say  he  was  not 
tfiere,  fivr  no  man  can  swear  otherwise  than 
aecoidttg  lb  his  senses ;  what  a  man  does  not 
fee,  may  be  behind  his  beck,  i^hough  he  had 
not  limited  himself  with  that  caution,  as  he  did 
fimit  himself  with  the  greatest  caution,  and 
saii,  as  he  did  believe,  he  was  not  there.  My 
Und,  none  of  their  witnesses  win  undertake  to 
say  he  used  the  word  positive :  they  don't 
deny  the  thing,  it  is  impossible  any  man 
ihooid ;  but  diat  there  were  these  words  of 
limitation,  they  might  K;  said,  and  not  heard 
by  them,  they  might  be  said,  and  not  observed 
by  them.  None  of  them  did  pretend  to  write 
notes,  except  tiie  first ;  and  from  the  evidence 
ef  the  first,  I  have  aU  the  reason  in  the  world 
to  hdieTe,  that  bis  notes  did  contain  all  those 
SButionB,  and  all  those  qualifications,  that  we 
mak  of;  why  else  should  he  be  to  seek  to 
Ml  written  short-hand  ?  He  did  not  know  • 
whether  he  had  notes  here ;  he  did  know, 
whether  he  had  consulted  the  notes  since. 
Would  any  roan  in  the  world  lay  by  notes  at 
this  rate,  that  intended  to  give  nill  evidence  ? 
Though  I  will  say  that  for  him,  he  does  not 
undertake  to  say  positivdy,  but  according  to 
the  best  of  his  memoiy,  and  according  to  his 
belief.  Sir  WilKam  Hooker  says,  he  was  in  a 
great  confusion.  Here  are  a  jp^at  many  gen  - 
Semen  beyond  all  exception  m  the  world,  that 
do  say  his  dealing  was  so  ftir,  that  he  never 
toM  a  Be,  ^at  he  was  most  exact  and  most 
jost  in  bis  dealing.  It  is  impossible  that  a 
man  riioold  avmd  such  an  evu  as  this  is,  for 
so  long  a  time,  and  in  so  great  places  and 
sffiees,  j^id  should  now  at  last  be  guuty  of  such 
a  vile  and  base  sort  of  crime  as  perjury  is, 
whieh  no  man  ought  to  presume  of  another, 
unless  there  be  the  greatest  and  plainest  proof 
to  the  contrary.  Bat,  my  lord,  on  oar  side  is 
the  pbunest  proof  diat  can  De,  by  witnesses  that 
remember  the  words  as  well  as  the  qnalifica- 
tions ;  and  one  of  our  witnesses  is  worth  abun- 
dance of  their  witnesses  that  did  not  write, 
e^eciaBy  such  a  one  as  does  not  shew  his 
notes.  Hut  as  I  said  before,  they  were  tes- 
tified by  sir  Patience  Ward,  with  all  those 
cautions  ;  and  we  do  think,  that  there  is  no 
cpkrar  in  the  world  that  this  should  be  perjary. 
Hr.  Williams^  Gentlemen^  I  am  of  counsel 
ibr  the  defendant,  and  the  question  is,  gentle- 
neo,  Whedier  sir  Patience  Ward  be  ^ilty  of 
the  wfijful  and  malicions  peijury  thatis  laid  to 
Us  charge  in  this  information  ?  Gentlemen^ 
it  is  agreed  on  all  hands,  and  that  will  appear 
ts  you,  there  bath  been  no  manner  of  evidence 


|(ifeBlbrthe  kmgvagaimft  ^  P^ukienee Ward 
eitheraa  to  his  honour,  or  rtpotatioQ, or  fruth  : 
there  is  nodunff,  geatiemen,  endeavoured  to  be 
diarged  upon  lum,  but  this  particular  crimen 
The  genUeoien  thAt  proeeartehun  do  notofibr 
any  one  thing  against  his  repntatKHi  or  his 
dealing ;  so  tbil,  gentlemen,  ftr  aught  anpean 
to  you  yet,  before  this  was  laid  to  his  charge, 
he  was  a  rary  dear  man.  Gentlemen,  he  hath 
borne  great  oflioes  in  the  city  of  London ;  he 
kath  liien  lord  mayor  of  London  ;  he  is  now 
inn  oonsidendile  place  of  miffistraoy;  he  is  an 
aldenmai.  We  have  proveu  by  several  gen<* 
tlemen,  heis  a  man  of  great  value,  a  man  of 
great  riBckoning  and  deling,  a  man  of  truthp ' 
a  man  of  veracity,  a  man,  that  they  bcJieveV 
would  not  forswear  himself  for  a  worlq :  gen^e- 
men,  the  very  witnesses  against  us,  they  say  it« 
Sir  William  Hooker  tells  you,  bevras  under  that 
consternation,  he  was  like  a  man  three  party 
dead,  so  that  there  could  be  nothing  of  malice  in 
that  man  ;  he  was  without  sense,  without  pas* 
sion ;  and  if  any  thing  was  done,  it  was  done  at 
it  were  by  a  dead  man,  a  man  that  was  sense- 
less. Sir  Harry  Tulse  believes,  he  would  not 
wUUi^y  have  perjured  himself ;  then  he  ia 
not  guilty  of  wilftii  perjury,  and  that  is  the 
ouestion  you  are  to  try.  Now  I  have  said 
tnis,  gentlemen,  as  to  the  condition  of  |he 
person.  And  now  for  the  imputations  that  are 
hud  upon  him.  The  second  observation  that  I 
make,  is  from  the  nature  of  the  crime  ;  we  are 
accused  of  penury,  first,  that  we  have  perjured 
ourselves.  That  in  any  one  casual  thing  done 
upon  any  account  whatsoever,  to  prove  the 
fiict  done,  that  a  man  is  perjured,  it  is  ai)  easy 
matter.  Men  are  sntgect  to  mistake ;  tho 
words  spoken,  gentlemen,  were  spoken  in  a 
very  few  moments.  Consider  what  a  thing 
the  memory  of  man  is,  how  subject  men  are  tn 
mistake  words.  To  say,  that  men  shall  not 
differ,  that  there  shall  be  no  variation  between 
man  and  man,  it  is  to  put  an  end  to  all  con- 
versation, there  would  oe  no  bringing  of  wit- 
nesses, if  there  mighrbe  no  variation.  Nay, 
gentieroen,  to  just^  what  I  have  observed  to 
you,  observe  these  two  gentlemen :  sir  II. 
Tulse,  he  tells  you,  that  the  wo|ds  were  by 
way  of  question,v  Is  the  duke  •come  ?  That 
Pilkington  should  speak  the  words  by  way 
of  question,  Is  the  duke  come  ?  Is  he  como 
to  cut  our  throats  ?  So  that  he  tells  you, 
Pilking^n  said  these  words  by  way  of  inter-  * 
rogfation.  This  is  the  evidence  of  sir  Harry 
Tulse;  and  both  of  them  agree,  gentlemen^ 
that  they  were  spoken  at  one  time.  What 
says  sir  -\Villiam  Hooker  ?  How  does  he  ap- 
prehend tliese  words  ?  He  tells  you  they  wer^ 
positiFc  in  the  present  tense :  He  is  come,. he  is 
come  to  destroy  our  wives  and  children.  So 
that  if  these  gentlemen  mistake,  one  takes 
them  by  way  of  question ;  the  other  says,  they 
were  deliverc4  positively,  in  the  present  tenseJ 
Suppose  this  were  brou^t  sgainst  these  per-; 
sons,  no  man  will  say  this  is  peijury.  As  these 
gentlemen  have  misremembered,  so  might  sir 
Patience  Ward  have  misremembered ;  and  if 


mg  I  be  tells  you,  he  referred  all  the  parts  of  it 
eimer  to  his  memoir  or  his  observation.  He 
does  not  trust  to  a  mil  memory;  but  he  tells 
you  he  took  it  in  writing,  and  telh  you  tliat 
writing4s  here  ;  he  produces  it  here.    He  is  a 

rntleman  that nses  to  take  writing;  so  that 
you  give  credit  to  this  gentleman,  certainly 
tie  is  in  the  right.  Mr.  Blataey  is  not  alone  in 
this  matter;  we  hare  calleJ'seyeral,  and  ihaf 
agree  with  Mr.  Blaney.  Every  witness  that 
f  peaks  justifies  Mr.  Blaney.  1^  that  we  have 
■0  many  witnesses  that  justify  every  thing,  or 
most  of  the  things  that  we  have  said.  Now, 
gentlemen,  when  I  have  said  all  this  to  you, 
consider ;  for  there  are  some  tilings  relhaarka- 
ble  in  all  causes,  and  the  truth  is,  all  the  wit- 
icsses  give  you  one  remarkable  uistance,  and 
fhat  is,  of  sir  Geo.  Jefferies,  that  he  made  a 
a>mDieot  upon  the  word  memory  i   he  ad- 


955]   STATE  TRIALS,  55  Charles  U.  t685^7Ha/  of  Sir  Patknet  W»i.   Zss6 

lie  hud,  it  is  his  infimiity,  ne  crime:  for  any 
man  is  sabject  to  mistake.  We  are  now  upon 
the  penury,  and  it  is  not  any  dung  that  is 
affirmative,  but  they  are  negativeo^  The  first 
JDegative  is  this,  that  he  should  say  there  was 
no  mention  of  cutting  of*  throats.  Say  P  The 
question  is,  what  was'  the  discourse  about 
cutting  of  throats  P  Sav  I  there  was  no  dis- 
course about  cutting  of  throats ;  it  is  natural 
to  a  man  to  say,  I  heard  no  such  thing,  and 
every  man  must  speak  to  his  hearing ;  it  is 
that  which  must  pierce  your  ears  ;  thttt  organ 
must  be  touched.  There  was  no  discourse,  1 
heard  no  discourse ;  1  could  say  no  otherwise, 
nor  any  man  that  goes  by  conunon  reason.  It 
must  be  by  hearing,  it  is  not  natural :  won't 
Tou  believe  what  they  say,  that  sir  Patience 
Ward  did  say,  and  Mr.  Blaney,  and  other  wit- 
nesses, with  him,  there  was  no  such  discourse  P 
Is  it  not  rational  for  a  man  to  believe  there  was 
np  such  discourse  ?  So  th^  1  take  it,  was  the 
nature  of  the  thing.  For  the  other  thing,  there 
is  not  one  man  that  hath  proved  it  to  you,  that 
he  said  there  was  no  discourse  of  cutting  of 
throats.  Let  them  shew  me  that  witness  that 
be  did  positively  say  it,  and  then  I  will  give  up 
the  cause,  for  my  snare.  I  am  sure  Mr.  Aston, 
a  clerk  in  the  court,  he  savs  it  was,  to  the  best 
of  hb  observation.  Mr.  Aston  is  a  man  that 
uses  to  be  here,  and  a  vigilant  man  in  the 
court ;  he  does  not  take  it  upon  him  positively. 
These  worthy  gentlemen,  the  aldermen,  don't 
take  upon  them  positively.  Their  witnesses 
were  wary  in  it.  Are  there  any  two  of  them 
^igree  how  the  words  were  spoken  ?  So  that, 
gentlemen,  there  is  no  positive  proof  against 
as.  Now  the  proof  lies  on  our  part.  We 
prove  very  plainly  by  Mr.  Blaney ;  and  can 
any  man  do  better  in  this  case  ?  The  same 
evidence  runs  to  the  other  two  instances,  as  to 
this;  therefore  I  do  not  love  to  multiply 
words.  Now  our  evidence  is  to  justify  this. 
Here  is  Mr.  Blaney,  he  sat  in  a  most  proper 
place,  and  the  most  likely  to  hear  of  any  man 
m  the  eourt ;  ne  stttili  the  middle,  between  the 
court  and  the  juiy,  near  the  witnesses,  heard 
as  much  as  any  about  the  court.  He  tells  you 
«Urectly,  he  did  refer  his  evidence  to  his  hear- 


miied  his  invention,  Imt  lessened  his  mettMry^ 
as  if  the  gentleman  had  been  troubled,  thai  be. 
had  not  remembered  ;  for  I  remember  it  was 
a  reflection  upon  his  memoryi  that  his  memory 
was  not  better.}  but  commended  his  iovcntiMi 
mightily.  So  that  this,  ^;entlemen,  is  a  le-* 
maikaUe  thing.  TheV  give  you  that  instance 
to  justify  what  was  said  by  Mr.  Blaney.  Now, 
gentlemen,  1  have  said  aU  Ai^  ^  yon,  we  must 
rely  upon  these  things.  They  ask,  whc^er- 
any  thing  that  was  said,  was  positive  P  ft  wa» 
a  mal  larted  some  hours  ;  and  I  think  sir  Pa- 
tience Ward  was  an  hour  in  examining.  Did 
he  say  any  word  positively  P  Can  any  man  an-^ 
swer  such  a  question  P  It  is  an  impertinent 

auestion.  Gentlemen,  upon  those  three  mattov 
tiat  are  assigned,  whereof  he  was  accused;  as' 
for  those  three  things,  they  are  answered  paiti- 
cularly.  Gentlemen,  now  we  are  in  your 
hands,  and  the  question  is,  what  you  will  da 
in  our  case  P  Here  i»  a  positive  prcwf  ibr  us  ; 
all  the  presumptions  thi&  can  be  for  u^;  here 
is  the  proof  of  our  repi#tation ;  here  is  nothing' 
against  the  gentleman's  reputation;  and  a 
man  of  honour  hiod  rather  be  tried  tor  his  bead, 
than  for  his  ears.  1  knowj  gentlemen,  .yoa 
are  men  of  value,  men  •  that  value  your  own 
reputation ;  I  leave  it  to  you,  whether  you 
can  in  conscience  say,  upon  your  oaths,  that 
this  gentleman  is  guilty  of  wifirol  peijury. 

Sir  Fr,  Wilmington,  My  lord,  tnis  is  a  cause 
of  great  importance,  not  only  now,  but  in  point 
of  eacample  hereafter.  Mylord,  the  infiH-- 
mation  is,  that  sir  Patience  Ward,  by  his  con  • 
sent,  and  out  of  a  wicked  mind,  did  falsely,  vo- 
luntarily, and  corruptly  swear  so  and  so :  so 
that  if  so  be  that  he  hath  not  sworn  wilfully 
and  corruptly,  I  know  your  lordship  and  the 
court  will  tell  the  jury,  he  is  not  guilty  of  per- 
jury. Truly,  my  lorfl,  in  this  ca^  I  must  ob- 
serve to  3^our  lordship  and  the  jury,  that  we 
are  now  contending  what  witnesses  have  the 
best  memory ;  &r  the  thing  is  not  in  contro- 
versy for  any  act  done,  but  our  defence  is^ 
what  sir  Patience  Ward  did  swear  at  the  time 
when  he  was  at  the  trial.  I  mUiBt  say,  there 
are  no  memorials  in  this  cause  gireu  on  the- 
other  side,  of  any  man  that  did  undertake  ta 
write  down  at  that  instant  time  for  the  kmg  ;• 
but  one  man  says,  he  cannot  very  wdl  tell 
whether  h^  took  notes  or  no.  So  that  Ido  say» 
my  lord,  with  your  lordship's  leave,  that  of  all 
the  witnesses  they  have  produced,  there  is  not 
anyone  of  them  but  does  vary  in  words  ;  they 
are  not  consistent  in  expression,  even  to  any 
particular  questions  that  were  asked  ;  and  con. 
It  be  said  to  be  ^fi4  and  corrupt  peijury, 
upon  such  an  uneertain  evidence  P  I  don*t 
doubt,  gentlemen,  but  you  will  take  great  cace. 
of  it.  My  lotd,  I  will  mention  but  two  parti- 
culars toj^our  lordship,  that  I  think,  go  dirongb 
the  case.  My  lor4»  Mr.  Blaney  hath  told  you 
several  particuhu'sthai  have  been  remembered  ; 
he  writ  it  at  that  time,  without  any  variation  ; 
it  hath  a  great  advantage  over  the  other  ade, 
that  have  only  retained  it  in  their  memories, 
and  their  memories  might  fail  them,  and  differ 

8 


3373 


STATE  TRIALS,  3{f  Chaelbs  If.  lesi,^^  Petjurif. 


[33»- 


from  the  time  of  gpealdng ;  bnt  here  the  wri- 
tiogr  mnains,  that  was  writ  at  that  very  in- 
stant ;  here  it  was  fresh  written  out  of  his 
Dumth.    The  question  was   asked,  can  yoa 
swear,  Mr.  Blabey,  you  writ  every  word,  or 
■0  ?  It  was   askoi  the  •  witnesses,  can  vou 
siretr,  thai  he  sware  nothing  positif  ely  r    I 
Bmstconiess,  my  lord,  it  is  a  question  that  is 
sinnge  for  a  man  to  answer.    Any  thing  po- 
ciCiTe  I  Does  he  know  what  a  man  means  r  He 
nosf  redace  it  to  particulars.    But,  my  lord, 
I  have  asked  Mr.  Blaney,  did  you  take  it  as  it 
cune  from  his  month  ?  He  swears  these  words 
he  spake,  and  there  is  no  Tanation,  but  written 
iostantljr  at  that  Fery  time.    My  lord,  I  do 
diinkthis  is  athin^  goes  a  ercatway.    My 
lord,  there  is  one  thing  more  tBat  I  think  goes 
through  the  cause,  and  that  is  Mr.  Crisp ;  for 
Crisp  acquaints  j^oor  lordship,  that  when  there 
was  some  Tariation  between  the  assertion  of  sir 
iHarry  Tulse  and  sir  Patience  Ward,  niy  kvrd 
cbief  justice  ^ve  an  admonition  to  sir  Pa- 
tience Ward,  Sir  P^tienc^  Sir  PaUence,  recol- 
lect yourself.     My  lord,  saith  he,  what  I  de-. 
lirer,  I  do  accordmgto  the  best  of  my  remem- 
brance ;  and  then  this  afterwards  (for  this,  was 
at  the  end  of  bis  .eyidence)  is  a  qualification 
tpiite  through  the  cause.    This  beinsf  to  weigh 
it  arith  the  other  side.    But  1  would  say  one 
tbbg  more  ;  to  what  end  should  this  be  ?    Is 
any  man  danmified  by  this  oath  ?  Is  there  any 
man  can  say  this  oath  hath  prejudioed  any 
man  in  his  reputation  or  estate  ?  It  was  very 
itrange,  that  a  man  that  hath  brought  so  many 
witnesses,  and  those  very  worthy  persons,  that 
say  they  believe  he  would  not  forswear  bim- 
s^,  should  do  this  for  nothing,  tliat  a  man 
sfaouUL  be  the  wickedest  man  in  the  world  at 
one  jnmp,  that  yon  can  hear  nothing  of  any 
act  of  iaifiity  of  him  before.    Now  when  there 
are   snch    plain  evidences,   undubitable  evi- 
dmces,   it  is  a  thing  of  great  consequence. 
And  colonel  Birch  says,  generally,  as  he  does 
remember  and  believe,  he  did  cautious!^  speak. 
'And  sir  William  Hooker  says,  he  was  under 
consternation    at  this    time.    So  that  it  ap- 
pears he  had  much  caution ;  and  if  so,  it  is  of 
nighty  consequence,  and  concerns  any  wit- 
nesses to  come.    Here  is  a  man  perjured,  and 
a  creai  many  witnesses  may.    You  are  not  to 
■uod  what  is  said  by  the  counsel  of  both  sides, 
knC  what  is  said  in  point  of  proof    It  will  make 
all  'men   cantious,  because   ihey  may  infer 
danger  by  a  positive  assertion.    My  lord,  this 
is  a  ease  of  perjury,  in  which   I,  and  every 
honest  man,  toat  vahaes  his  reputation,  should 
be  tender,     if  this  man  be  guilty,  it  is  a  great 
crime  ;  I  most  leave  it  to  your  consciences. 

Mr.  p0lierfen.  The  nature  of  the  case  I  do 
koBlUy  pray  -your  lordship  to  take  into  con- 
sideiatMo,  ana  the  jury.  It  must  be  wiKul 
md  corrupt ;  for  so  are  the  words  in  this  infer- 
nation,  and  in  all  indictments;  it  must  be  wil- 
M  and  oorropt  peijnry.  My  lord,  if  so  be  that 
several  witnesses  interfering  one  with  another, 
Me  lememberiog  one  pared  of  words  that  were 
^oksB  at  the  same  imie,  any  man  shotdd  be 

VOL.  tx. 


perjured  in  this  case,  by  remembering,  and  not 
remembering,  no  roan  almost  durst  be  a  wit- 
ness. What  discourse  bath  passed,  let  us  but 
observe  in  this  matter.  Here  were  three  aWer-^ 
men^  present ;  one  of  them  sivears  thei«  was 
no  discourse  of  cutting  of  throats  ;  it  is  a  ne- 
gative, not  an  affirmation ;  and  no  man  that 
bears  him,  but  must  say  of  it,  no  discourse  that 
he  beard.  When  I  say  there  was  no  discourse 
of  such  a  thing,  any  man  will  understand,  no' 
such  discourse  came  to  my  observation  or  hear- 
ing. For  the  others  that  say  there  was  such- 
discourse,  they  vary  themselves ;  one  says  if 
was  cutting  our  throats ;  t'other,  cutting  the 
throats  of  our  wives  and  children.  I  only  say 
this  to  shew  tbe  weakness  and  tallibtlity  of 
men's  memories,  that  carry  things  so  in  an 
uncertainty.  Two  or  three  men  swear's  man 
said  so,  toother  says  he  did  not ;  no  man  can 
understand  it  in  any  other  sense,  but  he  did  not 
hear  him  say  so :  For  a  man  can  say  no  more 
of  what  another  says,  than  what  he  heard. 
So,  my  lord,  considering  the  circumstances  of 
the  case,  it  is  so  that  men  may  perjure  one 
another  upon  omissions.  One  man  may  bring 
one  little  part  of  a  disoour^ie,  and  another  ano- 
ther ;  it  will  be  a  very  unsafe  thing  for  a  man  to 
be  a  witness  so.  But  my  lord,  the  neztHlnng 
is  this  of  positive  evidence,  and  upon  reroem'- 
brance.  My  lord,  if  so  be  there  must  be  posi- 
tive evidence  to  convict  a  man  of  peijury,  I 
would  leave  it  to  your  lordship  in  the  cause,  whe- 
ther there  be  any  among  all  their  witnesses, 
have  proved  it  positively?  Next,  my  lord,  if 
so  be  that  wci  must  have  of  t'other  side  positiva 
evidence,  we  have  more  positive  evidence 
than  they,  under  favour,  considering  that 
Mr.  Blaney  hath  his  notes.  This  I  answer' 
to  that  objection  of  theirs,  Did  he  say  any 
thing  positive  ?  Did  you  write  down  this  or 
thatP  That  is  not  the  matter;  there  is  no 
man  that  writes  all:  But  the  question  is  of 
that  be  did  write,  Whetlier  that  be  true?  If  that 
that  be  true,  it  is  more  certain,  being  written  at  ' 
that  time,  being*  writ^n  hero  in  court,  when  there 
was  no  thought  of  being  made  use  of  .as  an 
evidence,  is  stronger  than  many  men's  slippery 
memories.  But  he  in  this  is  backed  with  a 
great  many  other  witnesses  that  do  speak  it, 
though  not  so  positively  as  he  does,  because  he 
hath Itis  notes  to  help  him  ;  and  he  says  parti- 
cularly to  one  thing,  that  he  does  particu- 
larly remember  it  And,  so,  being  they  were 
written  at  that  time,  that  is,  under  nivour, 
a  better  evidence  than  twenty  slippery  men's 
evidence  can  be.  So  that  taking  all  this  to- 
gether, considering  tbe  person  accused,  and  the 
great  offices  he  hath  borne,  considering  the 
great  shame  and  scandal  of  the  crime,  aH  caen 
that  have  known  liim  for  20  years  together, 
saying  he  was  not  any  folse  man ;  better  a 
man  had  taken  his  head  from  him,  than  taken  ' 
away  his  reputation.  Unless,  my  lord,  there 
be  plain  and  full  evidence,  I  hofieitwill  not 
afiect  us,  nor  witnesses  that  shall  come  ai\er- 
wards. 
Attonuy  General,  Tbe  matter,  gentla»«D« 
Z 


339]    STATE  TRIALS,  35  CEAftLsa  K«  l£$3*--2V&rf  ef  Bbr  P^Hmcc  Ward,    [349 


befere  yoo,  is.  Whether  or  no  tir  FktieDO& 
Ward,  tor  swearing  these  words,  be  guilty  of 
If  iltul  or  corrupt  perjury  ?  I  shall  admit  that ; 
hut  it  is  the  first  tim^  1  eirer  heard  of,  that  we 
muit  go  to  proTe  the  intentions  of  this  genile- 
mau,  that  if  he'  did  not  intend  to  swear  wil- 
fully, or  Toluntarily  false,  that  it  will  not  be  a 
oorrupt  or  wilful  peijurv.  My  lord,  therefore 
1  must  observe  this  to  the  jury ;  if  the  matter 
that  he  swears  be  false,  the  law  construes  it  to 
be  corrupt  and  wilful :  If  the  matter,  I  say, 
does  directly  come  in  issue,  and  be  in  that  issue 
.  swears  that  which  is  false,  so  that  it  hath  an 
influence  upon  that  issue,  the  law  construes  it 
oorrupt  and  wilful :  For  that  is  the  reason,  my 
lord,  why  that  regard  is  given  to  all  oaths  in 
oanses,  tnat  they  may  be  plain  and  direct ;  and 
a  great  punishment  is  upon  them,  if  they  are 

.  not  true  ;  that  is  the  only  reason  for  it,  and 
^o  other.  For  without  doubt,  we  have  nothing 
to  prove  the  case,  bift  these  two  things ;  for  we 
cannot  search  into  a  man's  intentioni.  that 
when  be  speaks  of  the  duke  of  York,  he  in- 
tends Hubert ;  but  we  most  take  things  as  they 
are,  whatever  a  man  intends.  Bo  the  jury' are 
to  inquii'e  but  of  two  things  ;  Whether  or  no 
these  words  were,  spoken  by  him,  as  they  are 
kid?  The  next  ia,  Whether  they  are  nilse? 
We  have  nothing  more  to  do :  But  if  we  prove 
these  two  things,  tliat  the  words  that  were 
tpeken,  were  spoken  by  him  as  they  are  laid, 
in  that  manner,  not  as  these  other  witnesses 

'  would  have,  with  the  words,  *■  I  believe,'  and,  <  aa 
^  1  remember,*  but  that  they  were  plainly  and 

/positively  spoken,  my  lora,  that  we  are  to 
prove,  and  we  have  i^oved  it.  The  next  thing 
we  are  to  prove,  is,  that  the  words  are  false ; 
that  they  are  ftalse,  they  do  .admit  by  all  the 
witnesses;  they  don't  go  about  to  encounter 
that  proof  at  aU;  they  have  not  at  all  endea- 
voured it,  but  that  these  words,  as  tl|ey  are  laid« 
are  absolutely  false ;  and  they  were  contrary 
|o  the  matter  that  was  in  issue  in  that  case. 
That  thia  gentleman  spake  them,  my  lord,  the 
f  ery  thing  speaks ;  for  he  was  heard  by  the 
iwuit.as  a  witness,  and  as  their  evidence  m  the 
whole  cause  {  and  the  court,  after  he  was 
examined,  put  it  upon  this  gentieman.  What  do 
jronswear?  If  it  had  been  all,  as « I  remember,' 
and,  <  as  I  believe,'  the  court  would  have  lie- 
cfaured  it  was  no  evidence.  My  lord,  if  a  mat- 
ter be  in  tssne,  and  a  man  comes  and  says,  <  as  I 
*  remember,  and  believe,'  this  doth  not  encounter 
ftM  iasoe,  nor  the  proof  that  is  for  that  isaae, 
^fdhm  there  were  two  positive  witnesses^  that 
poaitivelT  swore  Uie  words,  that  the  court 
fhonU  then  reter  it  upon  the  testimony  of  sir 
•lyieDce  Ward  to  the  jury,  the  ennrt  would 

E've  JQ^gmeat  he  was  no  evidence ;  it  is  plain 
»wasnoevidence,  if  he  swore  to  his  memory 
waA  belief.  That  that  is  no  evidence,  the  lea^ 
mm  is  plain;  fbr  there  would  be  an  end  of  aU 
trials,  if  ever  that  sort  of  doctrine  be  admitted : 
No  man  can  be  perjured  upon  his  r^mca- 
hrenee^  nor  vpoB  his  belief ;  who  ean  teli  he  he* 
lievescontrarytowhathesaya?  Sothatthereis 
w  end  afilMit  vlnch  ovghtli  ha  th«  ome  if .  aU 


the  fidaa  witnessea  in  England ;  for  I  take  it  in 
point  of  law, '  the  best  ofremembrance'  in  this 
nature,  or  *  as  1  believe,'  is  no  evidence  at  all  $ 
and  therefore  the  insisting  much  upon  that,  is 
to  charge  the  court  with  injustice  to  put  that 
upon  the  jury,  and  the  jury  need  not  have 

given  any  reason  why  they  would- not  believe 
im ;  for  there  had  been  an  end,  if  he  had  saidi^ 

*  as  I  remember  ^'  the  jury  might  have  said 
picsentiy,  there  are  two  positive  witnenem 
against  him.  Tlie  two  nrkt  witnesses  w^ 
have  called,  Hatch  and  Wood;  they  dp 
swear  as  to  those  worda  of  catting  of  throats  i 
they  bwear  it  positively,  both  of  them.  Whe- 
ther he  Uho  the  word  *■  positively,'  or  wh^er  it 
was  *  upon  his  oath,'  that,  indeed,  they  could  not 
speak  to,  but  they  were  positive,  without  any 
reference  tp  his  belief  or  his  memory.  To  Umi 
other  point  of  the  duke  of  York  and  Pilking-v 
ton  being  there,  that  ttiey  speak  positively  to, 
and  I  mink  sir  James  Smith  doth  apeik  ac. 
positively  that  he  was  sure  his  words  were* 
eitba: '  I  do  positively  say,'  or  *  upon  my  oatb, 
one  of  them ;  but  without  any  worda  of  re- 
Terence.  Mr.  Aston,  who  is  a  clerk  of  ihta 
court,  and  sat  there  in  this  place,  he  apeaka  to 
that  Dositivelv 

Sirf.  Wiwiingtm.  *  I  think'  lam  'prettf 
*•  sure'  *  I  think,'  these  are  the  words. 

Att.  Gen,  The  Foreman  of  the  jury  he  ra-» 
peats  the  same  positively,  and  ^ves  a  plaia 
reason ;  if  it  were  not  positive,  it  were  an  idlo 
thinff. 

Mr/  WilUams.  Will  you  do  ns  injury  in  the 
cause  f 

Mr,  Aston,  If  he  spake  any  words  of  mitiga^^ 
tion,they  were  so  low,  I  could  not  hear ;  and  I 
think  I  could  hear  them  all. 

Just  waking.  Pray  goon, 

Att.  Gen.  I  say,  my  lord,  aeveral  witnasef 
we  produced,  and  sir  William  Hooker  particu* 
larly :  lor  we  had  never  made  ope  of  hioi,  if 
there  had  been  only  so  idle  an  evidence,  lor  we 
did  not  call  sii  Wuliam  Hooker  till  after  kia 
evidence  was  given,  to  encounter  this  poabive 
evidence.  \V9  then  produced  sir  WiUiaoi 
Hooker,  after  he  had  given  positive  evideooQ, 
and  sir  William  Hooker  did  stvearjt  pofitivaijr 
upon  him  again ;  then  the  court  anod  biait 
what  do  you  swear  ?  My  lord,  aiWr. this,  be 
might  be  shy  in  bis  evi^nce,  ancLsay^  *  I  re« 

*  member,  and  I  believe.'  Alter  tSl,  we  pui  it 
upon  him  ag;ain,  and  then  we  aay  the  words  w^re 
awomjpo3itively ;  fbr  by  way  of  hear-say  aed 
belief  IS  no  evidenoe.  Mow  Mr.  Qlaney  b  aB 
in  all,  and  1  think  now  Mr.  Biaoey  will  mgufy 


nothing.  I  eay,my  lord,  Mr.  ttaney,  whet 
is  his  evidenkoer  He  pulls  out  his  netas,  ae4 
there  he  talli  yon,  to  such  a  quMtioe  diere  was 
suoh  aa  anawer,  and  there  indeed  it  k  '  to  the 
<  beet'Of  hie  ranembraace.'  But  what  does  M^. 
Blaoey  tell  you  ?  Mr.  Blaoey  positively  tsUs 
y<iQ,'teat  thm  arebutaboitnetea,  many  thiofli , 
omitted,  and  I  perceive  whole  aenteeoesoeiittadt 
ft  great  deal  of disoourie  omitted  ;  andtbakap* 
peaieby  that  psisafaef  sir  Cneifn  Jeffieriaa'a 
MteRsyHtvk   Thn»«arb««i»  itfiufplftoete 


341] 


VTATfi  TRIALS,  i5  CtatkntU  11.  i6S5>-/m'  Pef^ty, 


194^ 


ftAermdi  be  w  prcwod  ;  Ibr  rare!  v  it  wts  to 
mo  purpoie  we  woald  l«t  so^aa  eviibttce  pan, 
JWit  wbes  lie  iaprMtd ;  Mr.  AUcrBian,  is  it  so 
9rno?  ForMiefisno  criileiioe.  There,  ny 
brd,  he  cnswempoMtively,  and  tbat  it  omitted 
4XitofHi;.KiaeT^beok!  This  was  neoeseery, 
uy  lord^  wc  shoiud  do,  and  not  let  such  a  thing 


MB,  as  that  <  Id  the  hesTof  my  rememhraiioe.' 
My  losd,  dieato  see  what  Vh,  Dlaney  himself 
asys,  betook  notes,  he  did  notanswer  odle  thing 
pesitiTely  thnMwiioiit  the  whole ;  f«ir  which  m 
lila  be  rejected,  I  tinnk,  as  no  witness  in  the 
case,  as  a  person  that  eoBMS  tad  swears  by  heer- 
aiy ;  and  it  was  so  remarkable  a  thing,  ny  lord, 
that  we  who  are  of  the  king's  coumoI,  should 
trite  m»liee  of  it  to  the  eoart.  He  is  no  witness, 
be  swears  nodiing  positively :  It  is  an  art,  my 
lard,  was  never  invented  till  of  late,  and  if  it  be ' 
attswed.  It  will  make  an  end  of  all  triale. ;  ftr 
yon  will  havens  much  forswearing,  as  vou  have 
tying.    Here  is  one  gives  evidence  ne  never 
taUa  lie  in  ins  life,  ana  I  care  not  whether  the 
jniy  brieve  that  or  no.    Sm^y  my  lord,  we 
should  not  let  a  man  go  tfway  with  snda  an  answer 
as  tbb,^*  to  his  remembrance.'  Iftbeytakeapon 
Ibem  ifes  way  of  swearing,  I  tell  you  ^ainly 
they  are  no  witnesses  at  ul.     My  lord,  I  must 
appeal  to  the  court,  if  such  a  tHingbe  allowed, 
what  will  become  of  an  trials  P  The  punish- 
ment  of  pajuries  does  make  men  cautious  in 
awearing ;  and  so  it  was  irom  the  beginning, 
ever  since  swearing  was  allowed  to   decide 
canaes,  penuiy  was  to  be  punished.    By  the 
law  of  God  it  was  severely  punished.    If  there 
be  a  new  way  introduced  ofgiving  evidence,  *  to 
*  tibe  best  mmj  remembrance,'  you  have  shut 
aottbe  poBMiiment    Can  you  convict  any  man 
sf  all  their  witnesses,  wfaennone  of  them  swear. 
C<^onel  Birch  and  odiers,  they  come  and  say  to 
some  things,  there  wcrethesequahfyingwords ; 
tf  it  had  been  to  material  things,  my  km),  were 
we  so  senseless,  or  the  court  so  senseless,  to  let 
**  die  best  of  my  remembrance^  pass  for  evidence. 
6o  that,  ny  lord,  they  do  not  tell  you  plainly, 
they  speak  nothing  at  all  express.    When  they 
are  asked,  can  yon  swear  that  he  added  these 
words, '  to  the  nest  of  my  remembrance  ?'  they 
my  he  did  to  some  dungs,  but  are  not  positive 
t»wfaat    SothatTOi^  lordship  sees  we  have 
^sin  te8timony,.tbej^  have  no  j^roof.    So  yon 
SR  what  sort  of  evidence  this  is.    Now,  ray 
loid,  for  his  crime.    He  hath  been  a  fidr  dealer, 
wrely  in  the  world,  or  dse  he  could  never  have 
gimed  such  an  estate  ;  butwhen  men  are  en- 
gaged in  parties,  we  see  what  a  man  wiM  do  for 
asarty,  and  to  help  a  sickly  brother,  that  was 
Ming  into  the  pit,  over  thehedge.    But  Isay, 
ny  lord,  it  is  impossible,  that  their  evidence 
dMuhl  encounter  ours.    And.  indeed,  if  we 
had  had  notice,  that  this  vrould  nave  been  given 
ai  material  evidence,  truly  vre  could  have  given 
agreat  deal  to  shew  the  many  Mots  in  this  gen- 
flnaan ;  but,  nay  lord,  I  say  this  is  not  material 
afwbatreputationa-man  nath  been,  but  whe- 
dier  or  no  nfe  spake  these  words  in  this  manner ; 
«&dwfaedKrtfe^erefid9e;  diatdicyare    ' 


isgrinted,an4 
bml,  that  we  1 


Solicitor  General,   The  questions  that  we 
were  to  prove  were,  whether  sir  Patience  Ward 
did  give  Us  evidence  at  the  trial  between  the 
duke  of  York  and  PUkington  P  WheUier  or  no 
he  did  swear  positively,  Utat  Pilkington  did  not 
come  in  tiU  the  discourse  ooncemiog  the  duke 
oi*  York  was  over  f  Whether  lA  did  swear  po- 
sitivel^,  that  there  was  no  mention  made  of  cut- 
ting of  throats .'  Sir  Patience  WaH,  wesay, 
did  take  upon  him  toswearthis  before  posi'- 
tivelv,  and  not  with  that  restriction  that  diey 
would  have  passed  upon  tliem.    We  called  two 
witnesses,  and  they  are  both  very  positive  in 
it;  for  they  swear,  that  sir  Patience  Ward  did 
swear.  That  all  the  discourw  concerning  the 
duke  of  York  was  over  before  Mr.  Pilkington 
came  in  ;  that  they  swear  positively,  that  he 
did  it  positively  ;  both  of  them  do  swear,  that 
sir  Pbtienee. Ward  did  take  it  upon  his  oath, 
and  to  the  manner  of  it,  positively  ;  though  be 
did  not  use  the  word  positively,  yet  they  swear 
them  without  may  such  restriction,    lliese  era 
die  two  witnesses.  Hatch  and  Wood. '  Then 
there  is  sir  Pra.  Butler  hath  given  yoti  an 
aooeont  of  his  evidence,  and  they  did  debate  it 
among  themselves,  and  give  you  the  reason 
why  they  did  not  believe  sir  Patienoe  Ward, 
Now,  first,  they  encounter  us  with  the  evidence 
of  Mr.  Blaney,  and  his  notes  must  be  the  mea- 
sure of  the  truth  of  bb  case,  and  nothinrmoat 
be  taken  fbr  true  but  what  he  hofh  wnt ;  he 
telb  you  at  the  same  time  he  had  not  writ  all. 
Mr,  Attorney  made  a  full  observation  upon 
that :  supeose  hi;  did  say  he  did  not  hear  any 
mendon  of  cutting  of  throats,  or  did  say  <  to  the 
*  beat  of  his  remembrance,'  yet  surely  that  dodk 
not  contradict  our  witnesses,  that  take  upon 
them  to  swear  positively,  that  he  swore  it  vmh>- 
out  any  such  restriction  ;  and  it  is  reasonable  to 
bdieve  he  migfatbe  pressed  to  say  something  to 
the  questions  that  were  asked,  for  if  be  said  he 
did  hear  it,  it  bad  been  an  immaterial  evidence. 
I$r  Fra.  Butier  doth  take  u^  him  tossy,  that 
he  did  say  it  without  restriction ;  and  then*  con- 
sidertng  the  weight  of  it  to  r^ect  it  as  untrue, 
doth  make  good  what  our  witnesses  have  said 
that  he  did  swear  it  without  any  restriction. 
But  after  all  this,  they  say  he  cannot  befoudd 
gnihy,  for  this  might  not  be  wilful  and  corrupt 
perjury ;  -  nay,  they  go  so  fiir,  that  they  are 
setting  up  a  doctrine,  that  I  dare  say  no  man 
shaH  be  guilty  of  perjury  for  any  words  he 
shaH  swear  wilfully  and  corrupdy.    If  a  maii 
is  cottsdotts  to  himself,  that  the  truth  is  other- 
wise, or  if  he  be  uncertain  whether  it  be  so  or 
no,yet  if  hetakeupon  him  to  swear  it,  that 
is  wilful  perjury  in  him,  fbr  he  did  not  know  it 
to  be  as  hejlid  alBrm.'  Now,  my  lord,  I  shaB 
offer  but  one  circumstance  more :  consider  how 
diia  discourse  did  rise;  it  was  upon  a  debate 
concerning  waiting  upon  bis  royal  bighnesb 
uponiiis  return,  they  were  all  present  id  the 
gallery  at  GuOdball ;  and  it  is  reasonable  to  be 
'-resumed,  that  every  one  must  hear  the  whole 
' And  sirFMieDce  Ward,  l^tht 


'54i>]    STATE  TRIALS,  35  ChAbiks  II.  i683.— Tr«/  of  Sar  Patienee  Wari,    £544 


•action  he  did.  m  tiiis  case,  must  be  presumed  to 
hear  every  particular  of  it.    When  Mr.  Pil- 
kington  came  to  these  words,  He  bath  burnt 
the  city,  and  is  come  to  cut  our  throats,  sir 
Patieoce  Ward  catches  him,  and  stops  him  im- 
mediately upon  bis  sayiog  this,    ^}ow  he  that 
^was  so  near  him  as  to  lay  hamls  upon  him, 
surely  it  cannot  be  presumed  but  be  must  hear 
what  be  said,  and  be  checked  him  for  what  he 
.said,  and  would  fain  have  fetched  him  off  by  an 
mveationtbat  serves  to  little  purpose  ;  but  did 
Verify  this,  that  he  had  spoken  words  of  the  duke 
of  Yprk,  and  therefore  did  administer  an  excuse 
,io  bim  ;  therefore  i  say  it  cannot  be  presumed 
but  tha^  he  must  hear  it.     But  however,  if  be 
took  upon  him  to  swear  a  thing  positively,  that 
he  w^s  not  certain  of,  it  will  be  wilful  and  cor- 
jrupt  perjqry  in  him.    But,  they  say,  though 
.he  should  say  it  positively,  it  must  oe  under- 
.  stood ,  he  did  not  bear  it ;  that  he  ffivears  there 
was  no  such  discourse  as  he  did  hear.     At  this 
rate,  my  lord,  no  man  will  be  found  ^ihy  of 
perjury,  but  there  will  be  all  the  mischief  in  the 
world  introduced  ;   for  a  man  that  swears  to 
the  best  of  his  remembrance,  there  will  be  no 
danger  of  that  nian*s  being  indicted  of  perjurv, 
that  is  Uo  evidence.     But  a  man  that  will  tike 
.upon  hiiiK  to  swear  positively  there  was  no  such 
discourse,  he  is  an  evidence,  and  a  material 
etidencp  in  the  case.    Suppose,  my  lord,  there 
were  witnesses  concerning  the  publication  of  a 
man's  last  will,  that  there  were  two  witnesses 
did  sit  upon  the  sick  man's  bed,  one  swears  he 
did  hear  bim  publish  it  in  that  form,  and  that 
this  was  bis  last  will  and  testament ;  the  other 
comes  and  says  positively,   be  said  iw.sucb 
words ;  certainly  this  is  «  very  material  evi- 
dence.   Shall  that  man  come  olf  from  a  con^ 
viction  of  perjury  in  this  case,  by  saying  be  did 
not  bear.^  What  a  dangerous  case  areafi  men's 
.inheritances  in  at  that  rate  ?   My  lord,  I  will 
not  trouble  your  lordship,  only  there  is  one  ob- 
servation they  have  made,  which  1  cannot  let 
jpass,  that  there  is  no  damage  in  the  case.    If  a 
^    man  should  forge  a  deed,  and  the  jury  detect 
this  forgery,  there  is  no  great  damage,  shall  tbe 
man  be  accused,   because  he  is  discovered  ? 
Shall  no  perjury  be  punisb(}dy  but  what  is  suc- 
cess! ul  ? 

Sir  Geo.  Jefferie^.  I  should  not  have  trou- 
bled you  in  this  cause,  but  that  Mr.  Solicitor 
was  called  into  auotlier  court.  My  lord,  I  shall 
*not  offer  any  thing  in  this  cause,  nor  repeat  any 
tbin^r  that  hath  been  said.  My  lord,  I  shall  say 
of  this  cause,  what  the  gentlemen  of  tbe  other 
)ude  said  ;  it  is  a  cause  of  very  great  conse- 

auence,  and  it  is  a  cause  of  that  consequence, 
liat  I  know  it  hath  a  very  great  impressiim 
upon  your  lordship,  and  likewise  upon  thejury ; 
and  they  are  not  now  come  to  try  whether 
or  no  sir  Patience  Ward  did  deal  very  fairly 
.betwen  man  and  man  in  a  matter  of  money, 
but  whether  or  no  sir  Patience  Ward  did  swear 
what  we  have  alledged  in  the*  information  he 
did  swear,  and  what  be  did  swear  was  true  : 
and  for  that  matter,  my  lord,  I  must  needs 
agrae  with  them  i  nay,  I  caanol  b^Ueratbe 


gentlemen  of  the  jury  will  takeany  thing  to 
e  evidence  that  is  said  by  us  that  are  oounsal 
at  the  bar,  but  only  so  tar  forth  as  tliey  hav« 
evidence  proved  to  them  in  court  >  for  m  caa^ 
we  were  to  guide  juries,  I  confess  Mr.  PoUeic* 
ieu  bath  di^termined  it,  by  saying  tbe  jury'* 
verdict  must  be  false,  iftheyhnd  against  sir. 
Patience  Ward ;  which  1  think  is  a  prdttjr 
strange  inference,  and  one  of  the  sharpest  in* 
ferences  for  such  a  way  of  reasoning,  that  I 
confess  my  poor  sense  won't  veach  tL  In  the 
next  place,  i  say,  the  gentlemen  of  the  jury 
ought  not  to  take  any  consideration  in  this  oi 
hjs  reputation,  notwitdstandinff  all  his  dealinga 
before  this  cause  (  for  certain^  till  such  time 
as  sir  Patience  Ward  came  to  be  called  upon 
his  oath,  any  man  of  conscience  and  justice, 
and  common  charity,  bad  he  been  asked  the 
question,  he  must  have  said  he  did  not  bielieve^ 
that  sir  Patience  Ward  would  wilfully  forswear 
himself.  God  foi-bid  any  man  sliould  have 
such  a  thought  of  him,  if  he  were  a  man  of 
less  qiudity  than  sir  Patience  Ward !  But  I 
must  conclude,  that  afler  sir  Harry  Tulse  was 
of  that  opinion,  so  I  must  conclude  with  sir 
Harry  Tulse,  if  in  our  case  he  J)e  to  be  believed, 
at  that  time  he  did  believe  he  did  forswear  him« 

self. Pray,  good  Sir,  give  me  leave,  t 

wiU  not,  to  the*^  b^  of  my  remembrance,  do 
you  any  thing  of  injustice.  My  lord,  I  do  say^ 
m  this  case,  that  though  he  hath  been  lordf 
mayor  of  .liOndon,  and  home  tbe  office  of 
sheriff,  and  though  he  is  now  ai  alderman, 
yet,  I  do  say,  persons  that  have  borne  tbe:^ 
great  offices,  have  been  guilty  of  greater  crimen^ 
that  is,  crimes  tliat  ha>-e  greater  punishments, 
than  this  gentleman  is  now  accuseid  of;  I 
mean  that  of  rebellion,  and  all  that  maakin4 
can  be  capable  of :  so  that  it  is  not  the  dignity 
of  place  excuses  men  from  offsnoe.  But  cer« 
tainly  upon  his  evidence,  we  Patience  W^ard 
ought  to  be  believed  by  the  jury  guilty ,  of 
wilful  perjury,  rather  than  three  or  four  alder- 
men that  swore  against  him.  Gentlemen,  the 
next  thin^  is,  the  observation  of  Mr.  Williams* 
of  tbe  variance  and  difference  of  expression  be- 
tween these  two  worthy  aldermen,  sir  Harry 
Tulse,  and  sir  William  Hooker  ;  one  cornea 
and  says  as  though  it  were  positive,  tbe  other 
as  though  it  were  a  question.  If  it  can  be  ez«- 
pressed,  my  bird,  either  one  way  or  the  other* 
or  both,  he  would  be  guilty  of  perjury ;  for 
your  lordship  remembenthe  reeoni  mentioDed 
la  this  record,  and  all  the  words  that  wers 
swore  by  sir  Harry  Tulse,  were  part  of  the  ac- 
tion that  Pilkington  was  charged  with ;  all  the 
words  sir  William  Hooker  swore,  were  likewise 
words  put  in  the  record  ;  so  that  both  of  them 
were  material  to  the  issue.  Now  what  oomee 
sir  Patience  Ward  to  do  ?  Does  sir  Patience 
Ward  come  and  testify  it  to  nudce  a  diflefenoe 
between  these  two  gentlemen  ?  You  see  both 
of  them  sfinree  there  was  a  talk  of  catting  cC 
throats.  ,Says  sir  Harry  Tulse,  Is  he  mm 
come  to  cut  our  throats  ?  Says  sir  Willlun 
Hooker,  Is  he  now  come  to  cut  the  throats  of 
ournriyes  aad  dukljreiiF  What  saya  sic  Fli^ 


Sft5] 


STATE  TRIALS,  3S  Charles  II.  l€8S.— /or  Perfurg. 


[ja 


lieooe  Ward  as  a  third  raan  ?  He  sa^s  there 
was  iM>  such  discourse  of  catting  ot  throats, 
that  IB  the  thing  these  gentleineD  hare  a  romd 
In  forget ;  one  says  he  is  come  to  bdm  the  city. 
Ig  he  come  to  ^  hum  the  city,  savs  the  other  ? 
That  is  not  the  main  question  ;  these  are  little 
minute  differences.   It  is  the  prudence  of  man- 
kind to  taJie  all   words  in  their  affirmations, 
ntlser  than  to  make   contradictions  between 
them.     In  this  case  he  finds  there  wa.^  a  ne- 
cessity to  serve  a  turb,  and  he  cOmes  positively, 
and  says,  all  the  discourse  about  the  duke  of 
York  was  ended  before  such  time  as  Pilkington 
came  in  ;  and  there  is  an  end  of  all,  in  case  he 
swears  true  ;  for  in  this  oath  he  absolutely 
contradicts  what  both  these  gentlemen  swore ; 
for  this  is  not  such  a  little^  variance  as  these 
gentlemen  would  hare  yon  to  beliere.    But, 
gentlemen,  I  shall  apply  myself  to  the  evi- 
dence they  have  offered,  which  is  designed  to 
overthrow  ours.     The  first  is,  Mr.  Blanay,  and 
these  is  a  great  value  put  u(>on  Mr.  Bbuey  ; 
be  sat  in  a  convenient  place,  just  in  the  middle, 
and  there  he  took  notes,  and  believes  he  did  not 
titer  them.    Now  I  appeal  to  your  lordship, 
and  the  court,  I  appeal  JU>  the  jurv,  whetlier  or 
Ao  their  own  witnesses  did  not  hear  sir  Pa- 
tienoe  Ward  say,  he  had  never  been  in  a  trial ; 
be  never  took  notice  of  a  word  of  that.    And 
mother  man  (Mr.  Baker)  says,  that  my  lord 
chief  justice  said,*"  sir  Patience,  sir  Patience, 
bare  a  care  ;  you  speak  according  to  the  best 
of  your  remerribranc^..    Now,  ray  lord,  Mr. 
BJasey  takes  not  the  least  notice  of  that  in  his 
ffaort  notes.     The  question  was  asked  Mr. 
Blaoej,  can  you  tal^,  upon  your  oath,  that  he 
awore  aiiy  thing  posnively,  or  that  be  did  not  ? 
Truly,  1  can't  tell  ;  not  in  my  hearing,  are  his 
trotiB.     Next  comes  Beaver ;  his  wonl  was. 
Id  my  hearing.    It  was  Mr.  Blaney's  short- 
hand remarks  that  Mr.  Beaver  prefaces  all  his 
^scourse  with,  to  the  best  of  my  remembrance. 
They  have  called  witnesses  that  coold  not  be 
positive.     I  appeal  to  your  lordship,  and  the 
memory  of  the  jury,  whether  ever  any  one  of 
them  was  able  to  say,  that  the  words,  '  to  the 
*  be^  of  my  remembrance,'  were  annexed  to 
this,  or  that,  or  the  other  sentence.    But,  my 
lord,  on  the  other  side,  I  must  say,  that  there  are 
here  aldermen  that  have  sat  upon  the  bench, 
«Dd  have  bdiaved  themselves  with  loyalty  arid 
integrity  to  the  kini^  and  government ;  these 
yery  aldermen  here  do  positively  say,  sir  James 
Smith,  air  John  Peake,  sir  William  Kawsterne ; 
it  is  true  he  cannot  be  positive  as  to  the  biisi- 
iiesB  coD€emiDg  cutting  of  throats  ;  but  as  to 
the  first,  does  not  sir  James  Smith  particularly 
cay  ,'I  cannot  say  whether  he  did  say  positively 
or  whether  he  did  say,  upon  my  oath  *,  but  he 
fhd  undertake  to  say^,  that  either  the  one  or  the 
olher  he  was  positive  in,  that  he  was  very  ex- 
ffeaitbat  the  duke  of  York  was  not  named 
after  Pffldngton  came  in.    And  for  the  saying, 
that  Blaney  took  notes  at  that  very  time, 
therefore  Mr.  Blaney  must  be  a  man  of  ten 
tboanod,  aa  they  call  him  ;  he  is  wortli  ten 
liiOiiMHid  witDeneBf  because  h«  took  short- 


hand notes :  I  would  haye  you  consider  what 
sir  Francis  Butler  says,  that  was  foreman  of 
the  jury  at  that  time,  tliat  bid  sir  Francis  Lea 
take  notice  of  it  at  that  time  ;  he  did  it  post** 
tively :  he  says,  sir  Francis  took  notice  of  that* 
and  says  he,  we  debated  it  immediately  amon^ 
cursives.  And  I  remember,  particwarly,  sir 
Francis  Lee,  sir  Francis  Butler,  and  ,su:  Tho« 
mas  Field,  all  three  do  agree  together;  this 
positive  oath  tbey  swear  sir  Patience  Ward  dicl 
make.  They  cUd  debate  immediately  aiier, 
among  themselves,  two  witnesses  swearing 
against  hire  was  the  occasion  of  the  debate. 
But,  my  lord,  I  must  come  to  another  thing  s 
Mr.  Aston,  a  clerk  in  the  court,  a  man  very 
well  used  both  to  writing  and  hearing ;  Mr. 
Aston,  as  well  placed  as  Mr.  Blaney,  he  givei 
this  account :  I  do  posititely  say.  That  tlia 
duke  was  not  named  afler  such  time  as  Pil- 
kington came  there.  But  his  being  a  frail  me- 
mory, as  they  would  have  it,  and  no  notes  t9 
refresh  him,  they  put  no  great  value  upon  it : 
But  I  remember  whs^  Mr.  Aston  said;  I  have 
several  times  asked  the  question,  and  that 
makes  me  contain  this  thing  in  my  memory. 
This  does  Mr.  Aston  nositively  speak  to.  So 
there,  Gentlemen,  all  these  five  or  six  seyersi 
witnesses  do  positively  swear  to  it :  the  two 
first  witnesses  they  are  positive.  Hatch  aad 
Wood ;  tbey  do  directly  swear  to  every  parti- 
cular. Gentlemen,  you  are  not  to  mind  the 
flourishes  that  are- made  by  the  gentlemen  at 
the  bar ;  here  is  a  lord  mayor  of  London,  hera 
is  an  alderman,  can  you  Celieva  him  guflty  f . 
But  do  you  think  that  these  gentlemen  of 
quality,  that  have  acquitted  themsielves  soduti* 
fully,  and  so  loyally,  as  they  have  done,  and 
so  faithfully,  that  no  man  can  lay  a  blemish 
upon  them,  will  you  take  it  upon  your  oaths, 
that  these  gentlemen  are  forsworn  r  Will  yon 
take  it  upon  your  oaths?  That  will  be  a 
strange  thing  !  The  laws  and  ^e  exercise  of 
justice  are  concerned,  and  are^o  he  maintained. 
I  beg  your  lordship's  pardon,  that  I  have  taken 
up  so  much  time.  My  lord,  I  say,  justice  is 
to  be  done  ;  there  is  no  man  so  big  as  to  be  ex-, 
empted  from  punishment :  the  greater  the; 
person  is,  the  greater  is  his  crime.  One  that 
will  come  and  tell  an  untruth  in  a  court  of  jus^ 
tice,  the  greater  the  person,  the  more  is  .the 
crime.  We  have  given  your  lordship,  and 
the  gentlemen  of  thejmy,  an  account  of  the 
matter  before  you,  and  we  shall  leave  it  to  you. 
L.  C.  J.  Gentlemen  of  the  jury,  this  ia  an 
information  against  sir  Patience  Ward  for  per- 
jury; and  tne  information  doth  set  forth, 
that  there  was  an  action  that  was  brought  by 
his  royal  highness  ag«iinst  Thomas  Pilkingtoit^ 
and  it  was.  for  speaking  scandalous  wor£,  of 
his  highness;  saying,  he  burnt  thecity,abd 
that  he  was  come  to  cut  their  throats,  and  cut 
their  wives  and  chi)dreas  throats.  These  were 
the  words  that  were  laid  in  that  action.  That 
action  was  in  this  court  in  Michaelosas  term 
last.  The  information  that  now  i$»  before  you^ 
isthi$  :  sir  Ps^ience  Ward,  he  was  sworn  W 
giy«  mdence,  and  that  he  i|i  his  evidence,  upon 


Sir]    9rAt%  TRIALS,  55  CltAELttn.l6M.*-Trt«f^5&Pfl^toi«eirarif,    [Sid 

liisoatb,  did  poativcif  swmt^  upmi  mcntimiW 
thedifoovne  eott«eniiiig  hif  royal  hi^ness, 
bj  Pilkiogton,  and  concerning  hja  bamuig;  the 
caty,  and  euttbg  of  throats,  sir  Patience  did 
ny,  that  there  waa  not  any  mention  of  cuttings 
^throats  at  all,  and  that  before  Mr.  PiUdng- 
ton  eame  in  the  discourse  of  the  duke  of  York 
was  over.    And  upon  this  Mr.  Attorney  Ge- 


tmul  bath  hssigned  a  penurr,  that  this  was 
iaise  ;  wlicrenpon  the  derendant  hath  pleaded 
Not  guilty.    Tne  question  is,  whether  sir  Fa* 
tienee  Ward  is  spttiity  of  this  perjury  or  no.   In 
die  first  place,  I  must  aver  to  yon,  that  if  so 
be  this  was  false,  then  this  must  he  what  the 
law  calls  a  wilful  and  malieiou^  pegury.    For 
it  was  the  very  point  in  question  then,  it  was 
«B  a/(;tion  brought   against  Pilkington  ;  the 
question,  whether  he  said  these  words  or  not  ? 
And  sir  Patience  Ward  he  did  oome,  and  did 
swear,  that  there  was  no  such  thing.    Plainly, 
that  was  to  acquit  the  defendant.    So  that  it 
was  the  nriacipal  matter  that  was  to  he  consi- 
deffd.    Now  for  aught  I  do  percdve  plainly 
•— —  Pm  Y  do  net  go  with  any  mistake,  for  I 
would  be  loth  to  do  wrong  in  this  ;  but  as  fw 
as  I  do  perceive,  one  side  and  the  other  upon 
the  mattBr  do  agree^  that  if  sir  Patience  Ward 
did  swear  it  positively,  it  is  agreed  on  both 
sides  that  it  was  foist ;  it  is  agreed  ;  for  aught 
I  see,  there  is  nothing  at  all  said  to  the  con- 
trary.   Here  pre  three  substantial  men,  men  of 
▼ery  good  quality,  thitt  do  all  say  there  was  a 
discourse  of  his  royal  highness  in  Pilkington's 
presence,  and  in  the  presence  of  sir  Patience 
Ward ;  they  do  likewise  all  of  them  swear, 
that  there  were  sdch  words.    So  that  1  say  it 
is  agreed,  for  aught  that  I  see,  that  it  is  plain, 
that  it  was  so  in  fact,  that  there  was  a  dis- 
course of  the  duke,  and  that  it  was  in  Pilk- 
ington's  presence,  and  that  there  was  likewise 
mention  Of  cutting  of  throats.  Now  the  matter 
that  you  are  to  consider ;  1  will  teH  you,  you 
are  to  consider,  whethsor  or  no  llus  was  spoken 
by  sir  Patience  Ward  positively,   or  as  the 
defendants   would  have  it  that  it  was  not 
spoke  in  his  hearing  or  as  he  remembered  ; 
for  they  would  quahfy  it,  and  say  that  the 
defendant  did  not  say  it  positivriy  but  with 
those  qoaliflGations ;  and  if  with  those  quali- 
fications, then  it  is  phun  he  cannot  be  con- 
victed of  peijury ;  because  no  nan  can  be 
convicted  for  saying  he  did  not  remember. 
Tins  I  must  observe  to  yon,  though,  by  the 
way,  suppoae  now  ^ait  sir  Patience  Ward 
eomes  here,  and  says  that  it  was  not  spoken 
in  his  bearing,  or  in  his  remembrance,  take  it 
that  way,  there  is  this  considerable,  why  sir 
Ptttinice  Ward  did  hear  it  spoken,  and  so  for 
iMurd  it,  that  b^  took  notice  of  it,  and  would 
restrain  it,  and  pot  an  interpretation  upon  it  ? 
Would  aav  man,  that  had  minded  his  oath, 
woidd  he  nave  said,  that  nothing  was  said  in 
bis  hearing,  when  ei^eo  he  himself  was  pre- 
sent ;  nay,  and  so  take  away  the  exoUse  of  his 
net  Jiearug,  though  he  were  by  P    He  him- 
■sif  takns  notice  (^  it,  and  if  I  take  it  right. 


talked  of  burning  tbe  city  ;  oh,  it  is  Hubert. 
It  is  ver^  hard  mr  a  man  to  swear  it  was  not  in 
his  hearing.  ■  ^  Pray  set  me  right,  if  I 
mistake. 

Mr.  Poliesfen,  No  man  denies  but  theee 
words  were  spoken  ;  but  the  going  to  St. 
Jameses,  and  the  duke  of  York,  whether  that 
were  not  before  he  came  in  f 

Sir  Geo,  Jifferiei,  It  was  one  entire  sentence, 
my  lord. 

£.  C.  J.  \.  do  take  it.  the  evidence  was,  that 
Pilkington  did  say,  he  had  burnt  tbe  city,  knd 
he  was,  or  would,  come  to  cut  their  childrens 
throats ;  that  was  in  one  sentence :  For  the 
burning  of  the  city,  sir  Patience  Ward  being 
there  at  that  time  when  Pilkington  said  the 
words.  Oh,  says  he,  you  mean  Hubert;  ashed 
^e  question,  Who  he  meant  by  it  ?  he  meant 
HubWt.  ^ 

Mr.  Williatru.  He  did  not  hear  t'other  part. 

L.C.J.  That  I  will  leave  to  the  jury ;  that 
is  to  say,  tber^  were  upon  the  matter  but  two 
cUuaes,  burning  the  city,  and  coming  to  cut 
our  thnuits.  And  now  it  is,  for  aught. I  per- 
ceive, agreed,  that  sir  Patience  did  hear  cme 
part  of  tbe  sentence,  and  did  not  hear  t'other, 
but  this  I  will  make  an  observation  on  by-and- 
by .  But  surely  he  did  not  so  well,  if  it  were  no 
more  than  that  for  a  man  to  say  he  did  not  hear 
any  ^ch  thing,  when  it  isplam  he  took  notice 
of  it  at  the  same  time.  For  that,  gentlemen, 
that  they  say  here  is  no  man  that  hath  any 
harm  ;  if  a  man  does  commit  vrilftd  perpnv, 
though  no  man  is  injured  by  it,  hath  not  ne 
committed  a  crime  ?    And  though  he  had  not 

S'ured  any  man  by  lus  perjury,  it  might  have 
len  out,  that  he  might  have  done  it;  and  if 
m  be  it  hath  not  success,  it  is  tbe  same  crime : 
For  it  is  very  plain,  if  so  be  the  jury  had  given 
a  greater  credit  to  sir  Ptttience  Ward ,  than  they 
<Hd  to  the  other  two  gentlemen,  then  it  is  very 
^am  it  bad  gone  anotiker  way,  and  that  bad 
been  an  injufy.  And  therefore,  gentlemen, 
that  is  nothing  at  ell.  But  thiit  you  must  lay 
aside,  aod  you  must  ceine  to  this  matter,  that 
is  the  prinapal  point.  The  question  is,  Whe- 
ther or  no  sir  Patience  Ward  did  cnve  bis  en- 
dence  with  qualification,  as  he  did  believe,  or 
as  he  had  heard,  or  beKeved,  or  whatso^er  it 
wi^,  or  whether  he  did  give  the  evidence  posi- 
tively. At  the  trial  there  was  two,  1  tbmk 
three,  but  two  that  were  at  first  examined,  that 
did  prove  the  words  spoken  by  him  against  the 
duke  of  York,  and  sttoto  they  did  reprove  him 
for  it.  Sir  Patience  Ward  was  produced  by 
the  defendant,  for  to  defend  the  issue  on  h^ 
side,  and  to  prove  him  to  be  net  guilty  in  that 
action,  that  he  had  not  said  the  words.  E^ow  it 
is  plain,  if  so  be  sir  Patience  Ward  siud  only,  I 
don't  believe  such  a  thing,  I  don^t  remember  it, 
or  an;^  such  thing,  that  certainly  bad  not  been 
an  evidence  that  had  been  worth  the  considera- 
tion of  the  jury ;  for  that  was  no  more  evidence 
than  any  man  that  tiiey  might  take  up ;  the 
next  man  in  the  court  nnght  have  said,  be  dkl 
not  belief  it,  or  the  like.  Now  for  the  kingv 
iathiseMe^thereareseferadilttank  Aeie  nrt 


3493 


STATO  TRIALS,  85  Charus  II.  l6SS.^ar  P^qmry. 


[354 


iifbt  or  lUBC  ;  and  they  all  of  them  do  ny^ 
tott  tbey  Temember  it  very  well;  nay,  and 
tone  of  the  witnesues  do  say,  tbey  took  special 
Botice  of  it  then,  fof  they  were  6om^in|^ 
aUoDKhed  to  hear  aaoh  evidence.  It  is  true, 
all  of  them  don't  come  to  hoth  parts,  but  either 
to  one  poit,  or  to  both ;  tbey  all  a^^ree  in  this, 
thit  it  was  positive  endence,  and  not  as  he 
believed,  or  heard.  There  was  a  question 
aboqlMr.  Asftes,  and  hewasadLod  himself; 
he  says  it  was  positive ;  if  ho  did  qiialifv  it,  it 
was  so  low,  he  could  not  bear  it ;  and  tnat  he 
■iffht  do  as  he  pleased.  I  think  there  is  none 
of  uiese  gentiemen,  that  any  thuig  at  all  is  la 
be  alledg^  against.  That  eight  or  nine  gen- 
tleoieo,  and  some  of  them  of  very  good  quidity, 
and  all  of  them  of  Tiry  good  credit,  that  they 
dioukl  join  together  to  pc^ure  themselves,  for 
a  FSfreage  upon  jiir  Patience  Ward,  is  strange. 
Far  aught  appeals,  there  is  «ot  any  man  ap- 
■aws,  bat  is  aorry  for  him,  and  aome  of  thenn 
Wa  a  kiodneas  and  respect  for  him.  That  is 
the  erideoce  the  former  give ;  I  isan't  go  to 
every  one  of  the  evidences,  to  open  what  they 
say ;  that  will  make  it  very  long ;  and  I  think 
there  is  no  occasion  for  it.  You  have  heard  it 
well,  and  1  believe  remember  it  better  poa- 
fiibly,  than  I  do.  On  the  other  side,  for  the 
dsfeadanta :  They  do  t)rhig  you,  in  the  first 
nboe,  Mr.  Blaney ;  and  he  doea  aay,  Tliat  he 
bath  taken  notes,  and  in  his  notes  it  was  by 
aoalificationa  that  sir  Patienoe  Ward  did  apeak, 
mat  it  was  acoocdiag  to  the  |iest  of  his  Imow- 
ledga,  and  that  he  was  here,  and  aat  here  in  a 
place  where  bo  coald  ver^r  well  hear  all  that 
waa  aaid,  and  that  he  took  it  from  air  Patienoa 
Ward's  mouth.  This  is  soid  against  him,  that 
it  ia  plain  be  did  not  take  every  thing ;  and 
whether  or  no  this  waa  taken  truly,  or  not,  is 
still  a  question  for  you  to  consider  on-  They^ 
when  they  did  call  him,  did  aay  he  waa  as 
good  aa  ten  thouaand.    They  woald  have  this 


If r.  WiUiam$,  Th^  were  vpon  their  ne- 
mories  stiU. 

Just.  Withim.  Sir  Francis  Butler,  sir  HeuT 
Lee,  was  not,  nor  sir  Thomas  Field;  an) 
Hatch  and  Wood  was  not. 

L.  C.  J.  But  did  take  it  v^Kn  them  poai- 
tively.  For  your  witnesses,  there  was  Beaver, 
and  Crisp,  and  Wright;  these  three,  they  did 
aay,  that  sir  Patience  Ward  did  say,  as  he  be* 
Ueved,  or  according  to  the  best  of  his  memory  ; 
but  they  woidd  not  take  it  upon  Uieir^memonea 
precisely,  but  according  to  the  best  of  their 
memories.  And  now  for  cobnel  Birch,  and 
Northey.  and  Nelaon,  and  Baker,  and  Perry ; 
they  said,  that  he  said,  accordme  to  the  best  of 
his  memory,  but  they  could  not  bear  very  well 
what  waa  said ;  so  that  they  could  not  say  any 
one  sentence  that  was  said,  and  that  ia,  I  thinks 
the  moat  of  the  evidence,  all  your  evidence,  aa 
to  words.  You  have  brought  some  persons  to 
testily  for  credit;  truly,  I  think,  that  of  aU 
the  aldermen,  one  that  hath  paaaed  the  chair^ 
ahould  not  have  brought  under  an  alderman,  at 
least,  to  have  justified  him.  But  'tis  plain 
there  are  others  come  and  say.  he  waa  a  fair 
dealer,  and  they  have  known  nim  for  a  great 
many  years.  Nay,  Imustconfess,  here  was  one 
of  his  brethren,  sir  Harry  Tub^,  and  truly  he 
looked  upon  hijq  ^§  a  fair  dealer,  and  did  not 
look  upon  him  as  stained  with  any  enormoua 
vice  whatsoever.  When  he  was  asked  by  the 
king's  cottosel,  whether  he  did  beheve  he  had 
swom  true  in  thia  particular,  he  could  not  say 
so  there.  But,  gentlemen,  for  all  this,  I  do  not 
see  any  thing  whatsoever  hath  beeti  said,  that 
doth  suck  upon  his  reputation,  only  this  very 
thicg  that  he  must  be  tried  upon.  And.  gen- 
tlen^,  upon  the  eridence  you  have  B^ard, 


you  are  to  consider  the  merita  of  the  cause,  and 
not  the  person,  one  way  or  other,  any  others 
wiae  thm  doth  i^elate  to  at.    If  yon  believe  the 

ifitnesses  that  hare  swom  for  the  king,  that  ha 
witncsa  to  he  of  more  value  tiuun  nine  thousand  i  <hd  swear  this  positively,  then  it  is  agreed,  that 
that  did  awear  upon  their  fldemories,  and  tbey  { it  was  fals^ ;  if  he  did  swear  it  positively,  then 


had  some  reason  lo  pay  so  too,  for  to  observe 
there  ia  never  a  man  that  does  oon^e  positively ; 
but  he  doea  say,  as  betakes  it,  sod  be  was  sure 
k  was  right,  although  in  some  other  \iaha  it  is 
pbuB  he  did  misa.  Bat  he  does  say,  it  was 
Ime.  But  then  for  the  next  witnesses,  Mr. 
Beaver  and  Mr.  Crisp,  they  do  come  and  say, 
bow  that  th^  defendBint  did  interlard  his  dis- 
aaarsa.  as  he  believed,  and  as  he  beard.  But 
vhsQ  h«  csama  to  be  ninched  ujfion  that  point. 
Bo  yon  awear  this  thing  positively,  or  ac- 
oordug  to  tlka  beat  of  your  memory,  then  every 
one  ok'  them«  (jfnv  oonneet  me,  jf  I  he  mis- 
Udm)  every  one  of  these  witnease^  did  say,  it 
was  according  to  the  best  of  his  memory. 
And,  yBthMw,  the  nine  witaeasea  on  the 
other  aide,  erery  one  of  then  did  talus  il  upon 

Cowml*  Ko^  na. 

L  C.  J,  Look  you,  look  you,  gentlomaD^ 
one  spake  to  one  part  of  the  words,  another  to 
aoathar;  hot  these  witi^eaaes  did  annair  pwi 
tirallir  to  vh^  Ibey  did  cwaar. 


you  must  find  the  defendant  guilty.  If  so  be 
you  believe  the  evidence  that  liatb  been  given 
on  the  defendant's  part,  against  the  fcing*s  evi- 
dence, if  you  do  believe  that,  andnot  the  king's 
evidence,  then  you  must  aoqiat  die  defoodant. 
It  is  a  great  crime,  that  is  the  truth  of  it. 

The  Jury  withdrew,  and  iAcv  soiAa  time  aa* 
turned,  and  brought  the  Dafondaot  m  Oaili^  |  ^ 
bat  before  the  day  for  Sentence,  he  thought  ift 
best  to  go  out  o^  the  way,  haviuff  had  inteUa^ 
genee  t£ey  iatended  toaet  him  inrne  pillory. 


• 


A  Asr  the  BevahitMNi,  aur  Patienca  Ward 
one  of  the  membera  fotthtt  city  of  toKhiiL 

"  May  19th  ;L^.  Sir  Patience  Ward  aMer^ 
naan  of  London,  aad  lately  lotd  niayor,  was 
tried  by  a  jmy  of  Middleaex,  upon  an  uifonBa»- 
tiott  agaioathim  for  peQoiy,  for  that  he  at  the 
trial  between  the  duke  ot  York  and  Mr.  P|il- 
kJAgton  in  a  £hcandalom  Magaatem,  did  wil- 
fully aad  loahciooally  foifHraar  JbifDaaiC   Tto 


i$5l  ]      STATE  Tk!ALS»  34  Charles  IL  1 6%ii.^Trial d/  Benjamin  Leech,      [552 


^firoof  against  kirn  was  by  six  <yr  seven  persons, 
^three  or  four  of  which  were  alderaien  of  Lon- 
oon)  and  two  or  three  of  the  jury  in  the  former 
trial,  who  should  testify  that  sir  Patience  did 
at  that  trial  swear  Positively,  that  the  discourse 
concerning  the  duke  of  York  was  over  before 
Mr.  Pilkington  came  in,  and  that  there  was  no 
mention  made  of  cuttikig  of  throats  while  he 
was  there.  This  was  proved  pretty  plainly,  that 
he  sliould  give  this  evidence  at  the  trial ;  the 
defendant's  proof  was  first  by  Mr.  Blandy,  a 
barister,  who  testified  he  was  at  that  trial  and 
took  notes  in  short  hand  (which  he  writes  very 
liexteronsly)  and  that  sir  Patience  did  swear, 
that  there  was  nothing  mentioned  of  the  duke 
%nt  of  8t.  James'sin  ray  hearing,  aikl  that  there 
was  no  mention  made  of  cutting  of  throats  to  the 
best  of  his  remembrance  j  there  were  two  or 
three  other  witnesses  diat  testified  much  the 
same  thing  ;  there  were  also  four  or  five  per- 
sons of  go^  credit  and  quality  who  were  at  the 
former  trial,and  testified  the  great  caution  sir  Pa- 
tience used  in  the  whole  oaurse  of  his  evidence ; 


then  there  lyere  six  or  seven  eminent  cftixeiis 
and  great  tones  who  testified  as  to  sir  Pa- 
tience's credit  and  reputation,  that  they  had 
known  him  many  years  and  beinff  concerned 
with  him  in  great  dealings,  that  3iey, always 
found  him  a  very  jo^  and  honest  man,  and  that 
they  did  believe  he  would  not  wilfully  forswear 
himself;  the  trial  lasted  about  five  hours,  so 
the  jury  retired  from  the  bar  and  gave  a  private 
verdict  and  found  the  defendant  guilty,  which 
they  afiirmed  the  21st  in  open  coort;  and 
then  alderman  John  Foster  produced  a  letter 
was  privately  sent  to  him,  since  they  gave 
their  private  verdic^  directiiie  bow  they  might 
find  their  verdict  in  behalf  of  sir  Patience." 
Narcissus  Luttrell's  Brief  Historical  Relation^ 
MS.  in  the  library  of  All  ^uls  College,  Ox- 
fore.  By  a  subsequent  entry  in  LuttreU's  MS.^ 
under  date  June  30th'  1683,  it  appears  that 
Robert  Blandy,  esq.  a  gentleman  or  the  Tem- 
ple, was  taken  on  account  of  the  plot.  8ee 
Introduction  to  the  Trials  for  the  Ilye  House 
Pk>t  in  this  Collection. 


253. 


Proceedings  against  Mr.  Benjamin  Leech,  Bricklayer,  at  the 
Old  Bailey,  tor  a  Contempt,*  in  offering  a  frivolous  Plea  to 
the  Court:  34  Charles  IL  a.  v.  1682. 


ThB  Poll  of  election  for  mayor  for  the  year 
ensuing  bein^  continued  hya^oumments  irom 
Michael  mas-day  to  the  2d  of  October,  one  Ben- 
jamin Leech,  bricklayer,  hewg  a  freeman  and 

fiTeryman  of  London,  came  to  Guildhall  to  poll, 

,  ■■      I    ■      1*11      ■    I  ■  ■  I     .1     ■■  ■'■iii  ■     I    ■ 

*  For  a  curious  instance  of  commitment  for 
Contempt,  see  a  Note  to  the  Case  of  Pilking- 
ton and  others,  at  p.  187,  of  this  Tolume :  and 
for  more  concerning  the  punishments  for  Con- 
tempts, see  the  Case  of^  Richard  Thompson, 
vol.  8,  p.  1,  and  the  Notes  to  that  Case. 

<*  October,  1682.  One  Leach,  a  bricklayer, 
having  spoke  words  at  the  last  election  of  a 
lord  mayor,  that  the  two  sheriflis  were  toob 
set  up  by  the  lord  naayor ;  a  bill  of  indictment 
was  preferred  against  nim  to  the  grand  Jury  at 
the  Old  Bailey,  and  they  returned  it  Bilhi 
Vera ;  but  the  sidd  Leach  gave  in  a  special 

Slea,  having  councQ  to  argue  the  same ;  but 
Ir.  Justice  Levins  and  Mr.  Recorder,  who 
were  then  on  the  bench,  would  not  meddle 
with  thfe  same,  without  the  advice  of  the  other 
judges';  but  the  lord  mayor  and  the  aklermen 
overruled  the  said  plea,  and  fined  him  twenty 
marks,  as  <  nihil  didt.' ''  Narcissus  Luttrell^ 
**  Brief  Historical  Relation  of  State  Affairs.*' 
MS.  in  the  library  of  AU  Soul»'  college,  Ox- 
ford. 

From  the  same  MS.  is  extracted  also  the 
following  brief  account  of  another  prosecution 
ibr  Words,  which  happened  about  the  same 

time: 

•      « 

•  "  Oct.  31,  1682.    Mr.  Edward  Whitakei: 
(far  the  true 'Prvtestaat  Attorney,  at  some  cafl 

9 


wherein  in  discourse  he  was  charged  to  hart 
said  to  this  effect,  "  That  sh-  William  PrichartI 
should  never  be  lord-mayor,  unless  he  came  in 
by  stealth,  as  North  and  Rich  were  shcrifis  ;" 
for  which  he    was,   without  any   constable 

him)  was  tried  at  the  King's-bench  bar  by  a 
substantial  juij  of  the  county  of  Somerset  for 
speakine' seditious  and  scandalous  words  at  t^e 
ctty  of  Bath  in  the  said  county,  about  the  lat- 
ter end  of  July,  1630.    The  words  were  to  this 
efiect,  <  That  there  was  talk  of  a  war  and  re- 
bellion in  the  late  times,  but  he  knew  of  none : 
it  is  true  there  was«a  war  by  the  parliament 
and  people  in  defence  of  their  just  liberties^ 
and  that  the  late  king  was  put  to  death  by  a, 
judicial  process  and  not  murdered  ;  and  that 
the  people  had  right  to  a  parliament  every 
year,  and  they  ouffbt  to  sit  whether  called 
or  not.'    This  was  fully  proved  by  three  wit- 
nesses, viz.  one  George  Clark,  esq.  a  justice 
of  }>eace  of  that  county,  sir  James  Long,  and 
an  alderman  of  the  city  of  Bath,  who  neard 
this  discourse  in  a  nubnccoflTee-honse  in  that 
city :  but  the  saia  Whitaker  not  appearing*, 
nor  any  for  him,  the  inquest  was  taken  by  de- 
fault ;  so  that  the  Jury,  without  stirring  from 
the  bar,  found  him  guilty." 

**  Mr.  Whitaker,  who  was  lately  oonyicted 
of  Seditious  Words,  his  wife  petitioned  the 
Judges  that  her  husband  might  have  anew 
trial,  he  having  not  due  notice  thereof;  but 
the  judges  rejected  the  same. " 

Kennett  (Compl.  Hist.  vol.  3,  p.  450,  9d  ed.) 
says,  under  date  1666,  ''  Mr.  £dw.  Whitckcr 


S5S]      STATE  TSIAIA  34  Chasles  II;  iGSi^er  ttCani^fi  of  Courh      [554  ' 

audita  .di«  erMrum  lif;eoruni  et  subditonun  Had 
Domini  Kesris,  civium  civitatiii  predicts,  pub<- 
licavit,  Quod  Pricbard  (prefatum  Williclmun  v 
Pricbard  Militem,  uinueado)  nbn  ibret  Oonii'- 
nus  Maior,  (Dominus  rilaior  civitatia  pi-edictse 
iimueado)DisiforetDomiDus  Maior  ilVicifje,  et  / 
per  furtum,  Anglice  by  Steait/i,  prout  viceco« 
mites  (pretatum  Dudley  Noitb  et  Petrum  Rich 
vic<:comites  civitatis  predictiC  et  comitatus  (pre- 
dict!, innuendo^  tiierunt  yicecoiuites  avitati«  et 
comitatus  predictic:  Ad  maij^nam  disturbatiitneia 
pacts  die  ti  Domiai  llc^s,  ad  magBum  uppro* 
brium  gubematorum  et  ^bernatioiii  civitatis 
predictte ;  necnon  ad  scaridalum,  opprobrium^ 
de^inationem  preiati  Williefnii  I'richard  Mili- 
tis  et  preiati  Dudley  Nortb  et  Petri  Ilicli 
debito  modo  eiecti  vicecomttum  civitatis  et 
comitatus  predicttt,  in  malum  excmplum 
omnium  aiiorum  consimili  casu  deboqueU'r 
tium,  ac  contra  pacem  dicti  Domini  Kegitf 
nunc,  coronam  et  dignitatem  suam,  Scc» 

London,  sf. 

The  Jurors  for  our  lord  the  kinc*,  upon  their 
oaths  do  present,  That  Benjamin  Leech,  late  of 
London,  bricklayer,  being  a  pen»on  of  an  evil 
and  perverse  disposition,  the  second  day  of 
October,  iu  the  thirty -fourth  year  of  the  reig^ 
of  our  lord  Charles  the  Second,  by  the  grace  of 
God  of  England,  Hcotland,  France,  and  Ireland, 
king,  defender  of  the  faith,  &c.  devising,  and 
falsely  and  maliciously  intending  the  peace  » 
our  said  lord  the  king,  within  the  city  of  Lon- 
don, to  disquiet  and  distuiH^,  and  divers  dif- 
ferences and  dissentions  amongst  the  citizens  of 
the  city  aforesaid,  and  other  tne  liege  people 
and  subjects  of  our  said  losd  the  king,  within 
this  kingdom  of  England,  of  and  concerning 
the  election  of  a  mayor  and  sheriffs  of  the  tity 
aforesaid,  and  county  of  Middlesex,  to  stir  up, 
move  and  procure ;  and  one  sir  W  illiam  Pricb- 
ard, knight,  then,  and  yet  one  cf  the  aiUenueA 
of  the  city  aforesaid,  then  in  election  of  mayor 
of  the  city  aforesaid,  being  fori  one  year  tden 
and  yet  to  come ;  and  also  oife  Dudley 
North,  esq.  and  one  Peter  Rich,  esq.  which 
Dudley  North  and  Peter  Kich,  lately  before 
that  time,  in  a  due  and  lawful  manner,  accord- 
ing to  the  ancient  pri\41eges  and  customs  oi'that 
city  aforcsud,  were  elected  and  sworn  sIteriUk 
of  thecity  of  Ijondon,  and  county  of.Middle- 
sex  ;  and  the  election  of  the  aforesaid  shcritfs 
by  the  citizens  of  the  city  aforesaid  made,  into 
the  greatest  bati*ed,  contempt,  and  scandal,  to 
brinff,  the  aforesaid  Benjamin  I^ieech  after- 
wards, that  is  to  say,  the  said  second  day 
of  October,  in  the  year  above -said,  at  Lon- 
don, vi^.  in  the  parisli  of  St.  Michael  Bassishaw 
in  the  ward  of  Bas^ishaw,  London,  aforesaid,  in 
the  Guildhall  of  the  city  luyj.  .<aid,  there  hi$ 
aforesaid  contrivance;; and  ir/.eT.tions  the  better 
to  perform,  having  discourse  wiih  one  Thomaa 
Smyth,  in  Guildhall  aforcHaid,  then  and  there 
falsely,  unlawfully,  unjustly,  and  maliciously 
did  say,  relate  and  in  the  hearin«f  of  divers  th« 
liege  people  and  subjects  of  onr  said  lord  the 
kin*^,  citizens  of  the  city  aforesaid,  publish, 

2A 


'€r  otber  kgd  «fiioer,  caitM  bdbre  air  John 
Moor,  lord-mayor,  before  whom  be  owned  the 
irards,  or  words  to  that  effect,  whereupon  he 
was,  by  the  lord  mayor,  oommitt^  immedi- 
ately to  the  Compter,  from  whence  he  was 
bailed  iieict  day,  ^ving  his  recognizance, 
with  sureties,  to  appear  at  the  next  sessions 
at  Gnibt-hall ;  whieh  sessions  of  the  peace 
beinff  adjourned  to  the  ISth  of  October  to  the 
Old-Bailey,  there  was  a  Bill  of  Indictment  pre- 
lerred  and  found  acrainst  the  said  Mr.  Leech, 
the  tenor  of  which  foUoweth,  viz. 

London,  M. 

Joratores  pro  Domino  Rege,  super  sacra- 
nentum  suum  prfsentant,  quod  Benjdminus 
Leech  nuper  de  London,  Bricklayer,  existens 
persona  Tualfle  et  perversa  dispositionis,  secundo 
die  Octobris,  Anno  Regni  Domini  nostri  Caroli 
secnndi,  Dei  g^ratia  Angliee,  Scotite,  Francifb, 
et  Hibemta  ]&gis,  fidei  Defensoris,  &c.  trice- 
aimo  quarto  ;  machinans,  et  false  et  malitiose 
iatendens  pacem  dicti  Domini  Regis  infra  civi- 
tatem  London,  inquietareet  perturbare^  ac  di- 
Tersas  ditTerentias  et  dissentiones  inter  cives  ci  - 
yitatis  Indicts,  et  alios  ligeos  et  subditos  dicti 
IKmnm  Regis  infra  hoc  Regnum  Anglite,  de  et 
eonoernens  electione  Maioris  civitatis  predictee, 
et  vice  CDtnitum  civitatis  predictte  et  comitatus 
Mkidlesex,  snscitare,  roovere,  et  procurare  ;  et 
quendam  Willielmum  Pricbard  Militem,  adtunc 
ct  adbuc  unnm  Aldermannorum  civitatis  pre- 
dicts, et  adtunc  in  electione  pro  Maiore  civitatis 
predictie,  existens  pro  uno  anno  adtunc  et  adhuc 
yesturo  ;  necnon  quosdam  Dudley  North  Ar- 
n^penim,  et  Petrum  Rich  Armigefum,  qui  qui- 
dem  Dudley  North  et  Petrus  Rich  nuper  pro 
'  antea  debito  l^ttimo  modo,  secundum  antiquas 
pritilegias  et  consuetudines  civitatis  predictse, 
eiecti  et  jorati  iuerunt  ricecomites  civitatis  Lon- 
don, et  comitatus  Middlesex ;  et  clectionem  prce- 
fid.  vieecomitum  per  cires  civitatis  preuicta 
fiketam  in  maximum  odium,  conteraptum,  et 
scaadalum  inferre,  ipse  predictus  benjamin  us 
Leedk  postiea,  scilicet  dicto  secundo  die  Octo- 
bris anno  supradicto,  apud  liondon,  ridelicet, 
ia  parochia  Sancti  Michaelis  Bassishaw,  in 
Ward^  de  Bassishaw,  Londoiy,  predict,  in  Guild- 
bail  civitatis  predictie,  ibidem  ad  predict  macbi- 
nati^^nes  et  iotentiones  suas  melius  perficiend. 
habeas  colloquium  cum  quodam  Thoma  Smyth 
is  Guildhall  predicta,  adtunc  et  ibidem  falso, 
iflicitp,  injuste  et  malitiose  dixit,  retulit,  et  in  ^ 

bad  been  convicted  in  Easter  Term,  'l682,  for 
'justifying  the  rebellion  of  Forty -one,  and  the 
'  murder  of  king  Charles  I.  and  flying  for  the 
'  same  had  absconded  ever  since.'  Mr.  Attor- 
oey-General,  in  Michaelmas  Term,  moved  for 
judgBient  against  him ;  and  the  court  mQudged 
iBBi  '  to  pay  a  fine  of  1,000  marks,  and  re- 
'  niab  in  prison  (when^  taken)  till  the  same  be 
i  paid.' " 

I  conjecture  that  these  two  accounts,  not- 
withstanding the  slight  disagreement  between 
Ibem  88  to  time,  relate  to  the  same  conviction. 

TOL.  IX. 


J55]      STATE  TRIALS,  54  CnJOkLU  IL  l€M.^Tr(albf  Bodmin  Leeek.      [8ftfr 


TbatFricbard  (the  aforesaid  sir  Wtlliain  Prieh- 
,  aiti,  kni^,  meaoing)  should  not  be  lord*niayor, 
(lord  mayor  of  tiie  city  aforesaid^  iDcaning) 
Hnless  he  wouid  be  lord -mi^vor  unlawfully,  and 
by  slealtb,  as  the  sbmffs  (the  aforesaid  Dudley 
North  and  Peter  Rich,  sheriffe  oftherity  and 
county  aforesaid,  raoauinfij)  were  sheriflfe  of  the 
city  ami  county  aforesaid  :  to  the  prreat  distur- 
bance ofthe  peace  of  our  said  lord  the  king,  to 
^e  great  dis|)aragement  of  the  governors  and 
governmentof  the  city  atbresaid,  and  also  the 
scandal,  disparagement  and  defamation  of  the 
aforesaid  sir  William  Prigbard,  and  the  afbre- 
iaid  Dudley  North,  and  I^ter  Rich,  in  due 
ibanner  elected  sheriffs  of  the  city  and  county 
•Ibresaid,  to  the  evil  example  of  all  others  in  the 
like  case  ofTending,  and  against  the  peace  of  our 
said  lord  the  Jcing  that  now  is,  his  crown  and 
dignity,  Sec.    ^' 

Whereunto  the  Defendant  offered  the  Plea 
fbllowiug. 

Leech  ad  s^       > 
Domuii  R^u,\ 

£t  prcedictus  BenjamiDiis  Leech,  in  propria 
persona  sua  venit  et  defendit  vim  et  injunam 
quandov  &c.  et  omtiiitm  contemj>tam  et  qutc- 

auid,  &c.  et  petit  judicium  de  indictamento  pre- 
ido,  quia  dicit  ^od  juratores  pro  Domino 
Rege  predicto,  qui  mdictamentum  ulud  fecerunt 
et  presentavenint  adinde  retomati  etimpannel-. 
lati  fiierunt  per  quosdam  Dudley  Nortii  Armi- 
gerum,  et  Petrum  Rich  Aimigeriini,  tanquam 
vicecomites  civitatis  London,  qui  qnidem  Dud- 
ley et  P^trus  tempore  panneUi  et  relomalns 
ilhns  ner  eos  sic  sancti,  non  f uerunt  nee  eonim 
alter  fuet  vicecomites  dictee  civitatis  London, 
per  qiiod  idem  hidictamentum  sic  fkctura  et  pre- 
aentatum  per  hujusmodi  juratiires  sic  ut  pre- 
ibrtur  impannellatos  et  retomatos  per  peraonas  • 
tunc  non  existentes  vicecomites  civitatis  pre- 
dictae,  vigore  statnti  in  hujusmodi  caisu  editi  et 
provisi,  vacuum  in  lege  existit  et  nullius  ef- 
iectus,  et  hoc  paratus  est  verifioare ;  unde 
petit  judicium  de  indictamento  illo,  et  quod 
mdictamentom  illud  cessetur,  (Sec. 

W.  THOMPSONi 

Leech  at  the  Suit  of") 
our  Lord  the  King   \ 

And  the  aforesaid  Benjanoin  Leech,  in  his 
proper  person,  doth  come  and  dei'ecid  the  force 
und  injury ,whcn,  &c.  and  all  contempt  and  what- 
soever, &c.  and  prays  judgment  of  the  indict- 
ment aforesaid,  because  he  saith  the  jurors  for 
our  lord  the  kingaforesaid,  who  that  indictment 
made  and  pre8cnted,\vere  thereunto  returned  and 
impannelled  by  one  Dudley  North,  esq.  and  one 
Peter  Rich,  esq.  as  shcrifi's  of  the  city  of  Lon- 
don, which  Dudley  anil  Peter  at  that  time  of 
tlie  panne!,  and  therrtnni  thereof  by  them  .so 
made,  were  not,  ijor  either  of  them  was  sheriffs 
of  the  said  city  of  London,  by  which  the  said 
ipdiciiiient  so  made  and  presented  by  such 
jurors  so  as  afores^aid  impannelled,  and  returned 
ny  persons  then  not  being  slieritfs  of  the  city 
^oresajkl,  by  force  of  the  statute  in  the  like 

9 


ease  made  aii4  orovtded,  ts  void  ib  IaMt  ndeC 
none  eflbet^  and  this  be  is  reaOy  tb  veriff  ; 
whereupon  he  prays  judgment  af  thst  indiet^ 
ment,  and  that  that  indictment  might  be  qul^^ 
ed,&c.  W.TMeMPsoN. 

Which  said  Plea  being  ingrossed  in  parch* 
ment,  and  signed  by  Willmm  Thompson,  of 
theMiddle-Teniple,  counsellor  at  law,  wasoA 
Saturday  morning  delivered  into  court  bv  the  de« 
fendant,  who  pressed  that  the  plea  might  be  re* 
ceived,  and  he  and  his  bail  dismissed  from  for* 
ther  attendance  for  that  time:  whereunto  it 
was  answered,  that  the  court  would  eensider 
thereof  till  the  aflemoon.  In  the  afternoon^ 
the  defendant  attended  with  Mr.  Thompson  nip 
counsel ;  and  Mr.  Osbom  of  the  Inner-Tempi* 
counsellor  at  law,  attended  for  the  king :  th« 
court  being  sat,  the  plea  was  read,  and  then  Mr, 
Osbom  moved,  that  the  plea  ought  not  to  be  re- 
ceived, for  that  it  was  st  new  plea  without  a  preoe* 
dent,  and  that  it  could  not  be  tried  or  detennioed 
there  ;  that  it  was  a  frivolous  plea,  and  ought 
not  to  be  received,  and  so  lefl  it  to  the  judgment 
of  the  bench.  Upon  which  Mr,  Thompson  al- 
loived,  that  such  a  plea  hail  rarely  been  mads 
use  of,  because  the  like  case  had  rarely  or  never 
happened,  but  the  reason  thereof  did  justify 
its  legtUity,  and  therefore  pressed  that  tlis 
plea  might  be  accepted  ;  that  it  never  was  hi- 
therto denied  to  any  man  to  plead  to  an  indictt 
ment  of  this  nature,  what  be  thought  fit  in  hU. 
own  defence,  especially  when  he  offers  th^ 
same  under  coniE^sel's  hand ;  that  this  was  a  raad^ 
way  to  determine  who  were  legally  sherifisj  if 
the  plea  was  not  good  in  law,  the  attorney -^- 
neral  or  the  king's  counsel  might  demur  to  it  ; 
that  if  the  matter  alledged  in  the  plea  was  fals* 
issue  might  be  taken  thereon,  which  might  be 
tried  by  a  jury  ;..but  if  the  matter  bhouTd  ap* 
pear  to  be  true,  Uiere  was  not  so  much  as  any 
colour  in  law  for  those  worthy  gentlemen,  Mr. 
North  and  ]VIr.  Rich,  to  take  upon  them  to 
return  juries;  and  therefore,  in  tne  behalf  of 
his  client,  demanded  again  that  the  plea  mi^^ 
be  received  ■,  the  truth  or  validity  thereofbeu^ 
not  to  be  determined,  till  some  answer  shouU 
be  made  thereunto  by  replication  or  demmring 
in  writing. 

In  answer  thereunto,  Mr.  Justice  Levins 
(being  the  only  judge  then  present)  was  pleased 
to  express  himself  to  tliis  etrect :  That  he  de- 
Kircd  to  see  the  statute  mentioned  in  the  plea  ; 
«berpimon  it  was  read,  viz.  the  11  H.  4.  c.  9. 
Then  Mr.  Justice  Levinz  spake  to  this  effect : 
That  this  statute  ^vas  nmde  to  prevent  the  no- 
mination of  juries  to  the  sheriffs ;  and  thougb 
it  be  thereby  provided  that  panceh  should  oe 
returned  by  the  sheriffs  i^  itbout  denomination 
of  any,  yet  be  was  of  opinion  that  it  could  not 
extend  to  the  case  in  hand,  .seeing  the  wortlijf 
persons  that  attended  4here,  were  owned  a| 
sheriffs  by  lord  mayor,  Mr.  Recorder,  and  se- 
veral aldermen  there  present,  and  thai  he  made 
no  difference  betwctm  sheriffs  de  facta  and  de 
jure;  and  that  ihcse  persons  being  there  so 
allowed,  he  must  look  upon  thexu  as  sheri&i/c 


MT) 


flTATB  TRIALS,  «5  CiiABLttIL  iBU^^Sge-'gam  Pbt 


l$SS 


jme:  Tint  a  pH>1-deliferj  had  been  hdd, 
vfcoeiB  abore  40  piimmers  had  been  tried; 
and  that  if  this  plea  shcfidd  be  aikwed,  all  the 
proeeediogs  agaaist  them  wonld  come  in  yes* 
tioB :  and  thai  asked  Mr.  Thompson,  What 
if  sU  the  fdons  at  an  assizes  riionla  insist  upon 
Ihe  lifce  plea,  must  aH  finiher  proceeding 
iisp,  tin  the  shefifT  goes  home  and  fetch  his 
HULis  patents  r 

Whoeapon.  Mr.  Thompson  sud.  That  he 
Aooght  in  that  case  such  stop  could  not  be 
presented,  the  law  being  plain. 

llieD  Mr.  Jnstioe  Levinz^  said  fbrther  to  this 
ilfecty  That  he  had  considered  of  this  matter ; 
and  that  in  his  judgment  the  p!ea  was  a  fHvo- 
lous  plea,  and  ought  not  to  be  received ;  but 
yet  he  being  the  onij  judge  then  present,  he 
sfaoold  adrise  my  lordrmayor  and  the  rest  of 
the  beach  to  take  advice  of  all  the  judees,  be- 
hte  an  absolute,  determination  whether  the 
plea  ought  to  be  refused  or  not. 

Upon  this  sir  John  Petdc  said,  We  will  not 


reoBive  the  plea  \  with  whom  agreed  sfa*  James 
Bdwaids,  sir  Jamas  fiauth,  sir  Thomas  Beck- 
IbH,  and  sir  Robert  JefferieSf  and  tbelord- 

Sor  alas. 
fGeovgaTreby,  the  Reoorder^  said,  That 
he  was  of  opinion  with  Mr.  Justice  hervinm, 

Upoft  this  Leech  was  pesaed.  to  plead  Not 
Guitty:  which  he  lefused,'  sajinr  sevarsl 
times,  He  woi^d  plead  no  other  plea  than 
what  be  had  offered.  Then  the  court  gava 
him  hsif  an  hour's  tine  to  advise  with  hia 


counsel;  who  withdrew  and  advised  abootd- 
ingly,  ad  relunied  with  the  sswe  lessioliott 
not  to  alter  his  plea,  and  teadeEed  hia  plea 
again  to  the  court,  who agaia.reiaeled  it:  and 
because  1^  would  plead  no  other  plea,  hr  (hrkm^ 
Am  adsed,  whether  he  would  submit  to  th« 
court  and  ask  panlon ;  and  reinsi^g  so  to  da^ 
having  as  he  apprehended  done  no  wsei^)  waa 
fined  SO  marks,  and  committed  to  Newgsitetill 
he  should  pay  the  same ;  which  was  dona  Aat 
night,  and  Leach  thereby  discbaiged. 


294.  Introduction  to  the  Trials  for  the  Rye-House 
Plot  :   containing  the  'Original  Informations   re- 
specting that  Conspiracy,  as  they  were  published  by 
James  the  Second.    35  Charles  II.  a.  d.  1683. 


King 

Of  tiie  Rte-House  Plot,  there  are  two  con- 
temporaneous Histories :  the  one  intitled,  '*  A 
**  true  Account  and  Declaration  <^  the  Horrid 
**  Conspiracy  against  the  late  King,  his^resent 
^  Majesty,  and  the  Govemmeot :  As  it  was  or- 
*^  dered  to  be  punished  by  his  late  Majesty."  * 
This  impears  to  hare  been  by  the  direction  of 
km^  Clmrles  the  Second  and  the  duke  of  York, 
origmaD  J  composed  by  Sprat,  (who  was  shoirtly 
afterwanhi  made  bishop  of  Rochester)  and  to 
have  been  published  by  order  of  king  James 
the  Second  in  1685,  and  about  the  time  of 
Momnodth*s  Inrssion.  To  this  publication 
were  prefixed  a  Royal  DedaratioD  and  Im- 
frimatur  as  fsflows : 

^  J  AXES   R. 

**  James  the  Second,  by  the  grace  of  God 
w%]w  of  £n|^d,  Scotland,  Franca,  and  Ire- 
^  Imd,  defender  of  the  faith,  Sec.  To  all  to 
"  whom  these  presents  shall  come^  greeting. 

*  ddmlxon,  after  calling  tliis  History  a  ro- 
tasBce^  prdlkedM  to  say  that  «  South's  eon- 
fdcnce  oocdd  not  eo  Spraf  s  lengtfis ;  for  when 
king  Cliaiias  II.  £sired  him  ta  write  Ihe  fkUe 
of  the  Ry^e- House  Ptot,  which  his  majesty 
oled  a  history,  South,  aAer  he  hadread  ul 
die  papers  ^  King  had  to  shew  him,  refused 
the  work,  saying,  '  those  papers  were  all  co- 
pies, and  no  legal  proof,  and  unless  his  ma- 
jesty had  better  eridence  he  would  not  meddle 
ra  it,'  as  Dr.  Prideaux,  hite  deata  of  Norwich, 
tnltt  agentteman  (Mr.  P.)  df  that  dty,  from 
Whom  1  had  it.** 


<«  Whereas  our  dearest  bfolher  the  late  Ung  of 
*•  ever  blessed  memory,  gwire  speoial  cnder  in 
^  his  life-time  for  drawing  up  the  feUowing 
*<  account  and  declaration  of  the  Horrid  Con-' 
'^  spiracy  against  his  sacred  person  and  ours  jf 
*<  and  had  provided,  that  the  substaiMje  of  It 
"  should  be  impartiiAi^  collected  out  of  oriffiaal 
<*  papers,  and  uiiqoestionable  records,  and  waa 
^  himself  pleased  to  direct  in  what  m^ltbod  it 
^'  should  be  digested,  taking  particular  care, 
*<  that  the  troth  of  the  whole  aarvalioB  should 
«<  have  such  clearness  and  strength,  as  it  might 
<<  deserve  to  be  mwmtd  by  himself.  Accm- 
**  ingly  it  was  composed  and  ready  fer  the 
press,  when  it-pieased  Almi^h^  God  to  take 
that  excellent  prince  to  his  mercy.  And 
««  whereas  it  is  but  too  evident,  that  tne  sSmO 
**  hdlish  Plot  is  not  entirely  extinguished,  but 
«« that  diveni  of  die  wieked  actors  in  it  are  still 
<*  carrying  on  new  contrivances  affamst  die 
**  happj  peace  of  our  dominions ;  We  cannot 
**  hut  judge  it  seasonable  in  this  juncture  of 
<<  time  to  have  our  sdbjects  reminded  of  the 
«  rise,  progress,  and  mischievous  deigns  of 
<<  that  desperate  confederacy.  To  this  end, 
'*  having  inst  read  aad  eaamined  this  acoount 
**  and  declaration,  that  we  might  be  the  better 
**  able  to  give  our  royal  testimonv,  as  we  do 
«  by  these  presents,  to  the  faittafulnefis  and 
•*  certainljT  of  the  whole  relation,  we  have 
""baused  it  to  be  now  printed  and  pubhsbed. 
"  Given  at  our  court  at  Whitehall,  tiie  31st 
"  da^  of  May,  1685,  in  the  first  year  of  our 
"  reign.    By  his  Majesty's  command. 


959]     STATE  TRIALS,  85  CSAELBS  IL  l€a3>-A<ro4»e«A«<#<»«Trui&     l360 


/ 


«  James  Ji. 
.  "  Our  will  and  pleasure  is»  and  we  do  here- 
f»  by  appoint  Tliomas  .Newcomb,  one  of  our 
"  printers,  to  print  this  account  and  declara- 
*Mipn  ;  and  that  no  otiier  person  presume  to 
**  print  tiie  name,  as  they  will  answer  the  con- 
»'  trarv.  Oivpn  at  our  court  at  Whitehall,  the 
f»  adrd  flay  of  May,  lti85i  in  the  1st  year  of 
**  oup  rei^n.     By  his-inajesty's  command. 

**  SuNDERLAtrp." 
.  The  other  contemporaneous  History  is. the 
**  Confession  of  Ford  Lord  Grey."  This  "  Coh- 
fessioo,"  1  apprehend,  was. not  printed  ti'l  the 
time  of  Dr.  Johnson's  "  Mseceuas  of  Litera- 
ture,!' Andrew  Millar.  My  copy  of  it  bears 
^is  title: 

«*  The  .Secret  History 'of  the  Hyc-House 
«»Ptot:  and  of  Monmouth's  Rebellion.  Written 
•«  by  Ford  Lord  Grey,  in  1685.  Now  first 
»«  published  from  a  MS.  sifirned  by  himself,  be- 
«♦  fore  the  earl  of  Sunderland:  The  second 
'  edition-  London :  Printed  for  Andrew  Mil- 
<*  lar,  in  the  Strand,  1754." 

After  which  Title  follows  this  Advertisement: 

"  The  curious  and  interesting  Narrative,* 
*<  contained  in  the  following^  sheets,  has  hitherto 
t'  escaped  llie  Dot  ice  of  all  our  writers.  The 
*'  pubhc,  therefore,  will  think  itself  obliged  to 
**  those,  who  have,  now  lor  the  firet  time, 
<'  brobght  so  valuable  a  memoir  to  hght ;  as 
^'  it  explains,  at  full  length,  all  the  most  secret 
V  particulars  of  what  is  commonly  called  the 
♦'  Rye- House  Plot ;  and  of  the  preparatory 
<<  steps  abroad  to  Monmoutli's  Rebellion,  whicii 
^*  happened  a  lew  years  after. 

^<  This  account  of  botli  those  most  remark - 
^'  able  transactions  was  wriften  by  the  famous 
f'  Ford  lord  Grey,  who  had  been,  a  principal 
*<  actor  in  both,  and  while  he  was  still  a  pri- 
((  goner  in  ttie  Tu>ier  for  the  part  he  acted  in 
**  the  latter.  It  is  printed,  vitbout  the  least 
f^  variation^  from  a  manuscript  which  is  a  taith- 
^*  ful  transcript  of  the  original^  signed  by  him 
"  before  tlie  earPof  Sunderland,  prime  mmister 
*'  to  kins;  James  the  Second*,  and  his  Letter  to 
**  that  prince^  which  accompanied  the  Nar- 
**  rative,  is  liere  prefixed.  It  would  be  imper- 
f '  tinent  to  say.  any  thing  in  recoramendation  f^i 
<*  this  anecdote ;  which  every  intelligent  reader 
**  will  be  eager  to  see,  both  on  account  of  the 
>*  subject,  in  itself  extremely. ^fleeting}  and 
''  of  the  writer,  who  was  twice  in  dan^fer  of 
*^  losing  bis  bead  for  the  share  he  had  m  the 
f<  conspiracies  he  describes." 

The  Letter  is  then  given  thus : 

LORD  GREY'S  LETTER  to  James  II. 

**  May  it  please  your  majesty  ; 
•*  Having  received  your  majesty's  command 
^'  by  my  lord  Luniley,  that  I  !$hould  Jn  writing 

•  Of  this  Narrative,  Mr.  Fox,  in  strong  but 
|iot  exaggerated  language,  says,  *'  tliat  to  call 
it  an  anrhentlc  account  is  an  outrage  to  com- 
IDOQMen^,^ 


__^ ^  designed 

<^  rebellion  "in  your  maje^y's  brother's  tijne, 
<'  the  lat^  king ;  and  with  the  correspondeuoe 
"  the  late  duke  lof  Monmouth  held  in  England, 
"  in  order  to  his  rebellion  against  your  majesty 
*<  in  which  I  was  unfortunately  engaged,  (aiwl 
'<  in  my  heart  do  sincerely  repent  of)  1  haFe, 
'<  in  obedience  to  your  majesty,  given  you  the 
"  fullest  account  I  can  :  and  call  God  to  wit« 
<(  De8S'(in  whose  hands  I  am)  that  I  have  not 
<'  wilfully  concealed  any  thing  fi-om  you,  that 
"  1  think  of  the  least  importance  lor  your  ma- 
**  jesty  to  know ;  and  this  I  have  done  to  make 
<*  the  best  reparation  I  can  both  to  God  and 
"  your  majesty,  for  my  sin  against  hun  in  jny 
'«  rebellion  against  you.  Had  the  fear  of  deatU 
**  been  an  inducetueut  to  me,  1  should  hare 
<' followed  the  example  of  those  who  have 
**  made  discoveries ;  but  1  did  not,tlHnk  it  he- 
**  came  me  to  treat  with  your  majesty,  nor  to 
",ask  that  of  you  which  1  could  have  no  pre* 
"  tensions  to.     if  the  sheddmg  mv  blood  can 
"  be  for  your  majesty's  interest,  1  shall  be  very 
"  willing  to  part  with  it ;  and  only  desire  JL 
**  may  have  the  satisfaction  to  know  that  it  will 
"  be  an  atonement  for  the  crimes  1  have  coia- 
**  mitted  against  you:   but  if  your  m.jesty, 
'*  out  of  your  great  demenoy,  shall  tniuk  nt 
"  to  save  me,  I  hope  you  will* beheve  tliat  (be- 
'*  sides  the  ties  of  honour,  justice,  aud  gpnali- 
**  tu<le)  my  own  iocUnatiou  will  ever  oblige  me 
"  to  sacribce  the  life  you  give  to"  your  service, 
**  when  you  please  to  command  it.'    I  lie.  Sir, 
'*  at  your  majesty's  feet,  where  thoi^b  I  can  • 
**  not  expect,  yet  it  is  a  pleasure  to  beg  foi: 
"  mercy :  the  consideration  of  myself  desirojra 
*'  all  hopes  of  that  kind,  but  the  observation  qf 
'*  your  majesty's    uoiversal  goodness  affords 
**  me  many.    I  pray  God  bless  your  majesty 
**  with  a  lung,  and  happy  reign  over  your  peo- 
'<  pie;  and  may  all  those  perish  that  ever  lifl 
"  up  a  thought  against  your  majesty's  life,  or 
"  lor  the  disturbing  of  toe  peace  of  your  go- 
*^  verhmcut.     Your  majesty's  most  untortu* 


**  nate  subject, 


Ford  Grey." 


Of  this  "  Confession,'*  Hume  (vol.  3.  p.  182, 
Note  (r)  ed.  of  1807),  says,  that  it  ^*  is  the  most 
fiill  aud  authentic  account  of  all  these  trans- 
actions :  but  is  in  the  main  confirmed  by  bishop 
Sprat,  and  even  Burnet ;  as  well  as  by  this 
trials  and  dying  confessions  of  the  conspi- 
rators." It  is  observable  that. these. expres- 
sions, to  say  nothing  of  their  vagueness  or  ex- 
aggeration, throw  some  suspicion  upon  the 
feniiiueness  of  at  least  Sprat's  perfbripance. 
[ume  also  imputes  to  Grey  cowardice,  both  at 
Ai^inster,  as  it  seems  (I  conjecture  he  had  in 
his  mind  the  affair  at  Budport,  where,  it  seems 
agreed  on  all  hands  that  his  cowardice  was 
most  notorious),  and  afterwards  at  Sedj^emoor.* 
And  upon  the  whole,  a  consideration  of  the  cha- 

*  It  appears  by  Narcissus  (^uttrell's  "  Brief 
Historical  Relation  of  State  Affau-s,"  MS.  in 
All  Souls' library,  that  on  May  31,  1682,  loid 
Grey  fought  a  duel  vith  the  diike  of  Albeifiarl^ 


S6l]     STATE  TRIALS*  d5  CifARLES  IL  l685.-/c/r  tie  Rye^Houu  PM.      [5fi2 


nctenof  Grey  and  Sprat,  and  of  the  circam- 
fiBBoea  attwwfmg  tbeir  Historiea^  prevent  me 
horn  |»laoiDg  any  reiianoe  on  the  testimony  of 
eHher. 

FVrst  aa  to  Grey :  Throughout  the  rc^rlof 
the  Prooeedinga  against  him  for  debaufshiug 
his  wife^a  sister  (aee  p.  1^,  of  this  volume)  he 
i^ipears  to  he  a  most  unprincipled  miscreant : 
we  find  hina  ginlty  of  the  most  odious  abuse  of 
eonfideoce,  the  meanest  duphcity,  the  basest 
ftlsehood;  and  the  most  ungenerous,  most  un- 
grateful, and  most  unfedmg  selfishness;  a 
sdfiabness  in  gratification  of  which  he  scrupled 
not  to  blast  with  univenad  and  irremediable*  in- 
famy, thfe  reputation  of  a  young  woman  who 
bad  sacrificed  to  him  the  purity,  of  her  person 
and  the  affections  of  her  family.  Upon  the 
accession  of  king  James,  we  find  Orey  urging 
Heomouth  to  undertake  his  rash  and  fiitalln- 
vasion  (though  in  his  ^*  Confession"  he  repre- 
sents hia  "  coldness  and  backwardness  to  en- 
gage the  duke  or  himself  in  it").  When  the 
mvaaion  was  effected,  we  find  him  obstructing 
its  success  by  the  most  pernicious  counsels, 
and  finally  defeating  it  by  an  act  of  the  most 
flagrant  treachery  or  cowardice.* 

VV'e  have  seen  in  tbfe  pn^eeding  page,  with 
what  warmth  of  expression  he  engaged  to  de- 
vote .  the  whole  of  his  iiiture  life  to  James. 
N^ertbelesB,  at  the  Revolution,  we  find  him 
regularly  attending  the  Convention,  in  which 
be  was  one  of  me  (Henry  lord  Clarendon, 
io  bis  Diary  ^  says  tnirty- five,  but  the  Jour* 
nal  specifies  the  names  of  thirty -six)  lords 
who,  on  Jan.  31,  1689,  entered  tbeir  Pro- 
test against  the  resolution  which  bad  been . 
canrieii,  55  against  41,  fSee  Clarendon's 
Diaary.  Ralph,  and  atto*  nim  Hume,  say 
the  majority  was  1 1)  not  to  agree  to  the  vote  of 
the  Commons  that  the  throne  was  vacant :  and 
on  the  44h  of  February  be  joint. d  in  a  second 
Protest' CHI  tlie  like  occasion.  As  to  bis  *^  Con- 
fesaon"  itself,t  it  was  written,  as  his  Letter 
tails  us,  by  the  '  command'  of  king  James, 
upon  whose  mercy  bis  life  at  that  time  de- 
pended. •  it  is  not  therefore  very  credible  that 
suck  a  matf  in  such  circumstances,  writing 
under  such  a  command,  would  hesitate  to  lal- 

*  Tbe  concurrent  testimony  of  historians 
seems  to  render  this  indisputabks,  notwithstand- 
ing ibe  story  of  the  ^*  brave  cautain  of  tbe 
Horse  Guards  now  Uviog,  1718,''  reported  in 
a  Note  t>  3  Kennett,  43^,  2d  edition,  and  the 
olenoe  ot'koig  James  in  the  Letter  of  July  T, 
1685,  printed  in  air  John  Dalrymple's  Appen- 
dix, p.  tS3y  4to  ed.  of  his  Memoirs. 

f  Sprat,  in  his  second  Letter  to  tbe  eari  of 
Dorset,  says,  that  after  thetovertbrow  andexe- 
fiolion  oFftionroopth,  James  tbe  Second  appbed 
to  him  to  write  a  continuation  of  his  History 
of  the  Uye-Houae  Plot,  and  *^  to  that  purpose 
gave  hitn  a  sight  of  multitudes  of  original  let- 
ten  and  papers,  togeiber.  with  the  confessions 
ofaevmJt  persons:  then  taken  in  England  anil 
Scotfaind ;  who  di(^  indeodp  aoem  all  to  outvie 


I 


sify  any  fact,  the  falsification  of  wbicb  be  con- 
ceived might  serve  him  with  tbe  king.  To  the 
falsehood  of  the  pretences  in  the  cSmfession, 
that  he  rather  dissuaded  tbe  invasion  of  Mon- 
mouth, Mr.  Fox  has  adverted ;  and  Dalrym- 
ple  (Mem.  part  1,  book  3,  p.  65),  intimates 
the  interested  suppression  of  a  very  important 
fact,  the  connection  between  Monmouth  and 
Bentinck. 

Next,  as  to  Sprat:*  Upon  the  death  of 
Oliver  Cromwell,  he  published  verses  to  cele- 
brate the  virtues  of  that  Lord  Protector.  Of 
the  raei'its  of  his  hero  t^iat's  mind  was  so  full, 
that  tbe  exuberance  of  bis  praise  overflows 
from  the  poetry  of  his  Pindarique  into  the  prose 
of  his  Dedication  to  WiUdns.  After  the  Re* 
storation  he  took  orders,  and  became  chaplain 
to  the  profligate  duke  of  Buckingham,  ana  also 
chaplain  in  ordinary  to  the  king,  from  whom 
be  obtained,  first  a  prebend  of  Westminster, 
and  after  tliat  a  canonry  of  Windsor.  By  tbe 
desire  of  the  king,  and  his  brother,  the  duke  of 
York,  he  composed  this  History  of  the  Rye- 
House  Plot,  for  which  he  was  speedily  re-  - 
warded  with  the  deaory  of  Westminster  and 
bishopric  of  Rochester.  By  kin^  James  the 
Second,  he  was  api^inted  clerk  of  his  closet^ ' 
and  one  of  bis  ecclesiastical  commissieiiers. 
He  suffered,  or  rather  we  may  suppose,  di- 
rected, king  James's  *^  Declaration  for  Liberty 
of  Conscience"  to  be  read  in  Westminster- 
abbey  ;  and  he  acted  under  the  ecclesiasticat 
commission  until  the  danger  of  farther  oopa- 

one  another  who  should  reveal  most,  botk  o^ 
men  and  things,  relating  to  the  old  conspiracy 
as  well  as  to  tbe  duke  of  Monmouth's  and  the 
earl  of  Argyle's  invasion."  This  readiness  aind 
copiousness  of  confession  shews  how  eager 
those  who  had  fallen  into  the  power  of  James 
were  to  say  what  would .  be  agreeable  to  bim : 
but  by  no  means  establishes  ^the  truth  of  the 
matter  reported,  or  even  proved  to  have  been 
so  confiessed.  . 

*  Of  this  very  worthless  man,  there  is,  in 
the  Biographia,  a  life  written  much  too  in- 
dulgently. Johnson  also,  in  bis  Lives  of  the 
Poets,  1ms  inserted  a  short  account  of  bim. 
Johnson's  tender  treatment  of  bim  ntuiy  safely 
be  referred  to  the  joint  operation  of  a  good  and 
a  bad  motive— of  reverence  for  tbe  clergy  and 
of  fHU-ty  bigotry.  Dr.  Symmons,  in  the  first  ' 
.edition  of  his  Life  of  Milton,  riehtly  repre-  • 
bended  the  bishop's  refusal  to  admit  iuto  Vfest' 
minster-abbev  an  inscription  to  the  memory  6f 
the  author  ot  Paradise  Lost :  but  in  the  same 
passage  he  spoke  of  ^^  tbe  otherwise  respectable 
name  of  Sprat."  The  epithet  <  respectable' 
should  not  be  used  as  an  expletive  r  and  I  am 
glad  tliat  r  do  not  find  it  applied  to  Sprat's 
name  in  the  second  edition  of  Dr.  Symmons's 
work.  More  respecting  Sprat,  see  in  the  Cases 
of  bishop  Compton,  a.  d.  1686 ;  of  Dr.  Peaph* 
ell,  A.  D.  1687  ;  of  the  Seven  Bishops,  A.  n* 
1 688,  and  of  Robert  Young  and  Stephea  Blacks 
beady  a.  d.  1692,  in  this  Collection, 


963}     STATE  TRIAIA  3S  Charles  II.  l6$3.^iiirotkciiM  t0  th$  IHab     £^4 


jptiance  with  the  ticdeiit  measures  of  tlie  king,* 
•Dd,  indeed,  until  the  inBecurhy  of  the  kina-'i 
power  had  become  very  apparent.  ^At  Uie 
Berolution,  he  took  the  oaths  to  king  William.! 
And  after  this  long  comse  of  despicable  syco- 
phancy  and  det^table  tergiversation,  in  his 
Wili^  dated  Nov.  S8,  1711,  as  I  meet  witkit 
81  an  Historical  Aooonnt  ofWestminster-abbey, 
he  assures  his  executors,  with  the  most  consam- 
mate  impudence,  or  the  most  consummate  hy- 
jMicrisy,  ^fbr  it  cannot  be  explained  by  the  in- 
naence  ol  self-deceit),  that  ^*  his  poor  store  had 
been  gathered  only  by  ways  honest,  fair,  and 
bonouraUe,  not  by  any  mean  or  undue  me- 
thods of  heapinjg^  riches,  which  in  the  several 
advantages  of  his  conditionis  in  this  world  his 
sovl  had  always  abhorred  ;"  and  he  solemnly 
V  praises  the  Lord,  that  in  an  age  of  so  ^^reat 
oomiplions,  temptations,  and  prevaricatiotis, 
ht  biM  still  ke|jt  his  integrity,  and  God  had 
made  him  firm  and  steady  to  the  faith,  doc- 
trine, discipline,  and  true  mterest  of  the  Church 
of  England." 

Sjirat  ^ysWarburton  to  Rurd  in  a  hint 
for  a  **  Dialogue")  might  speak  the  court 
ientiraents.  &e  "  Letters  firom  »  late  emi- 
nent Prelate  to  one  of  his  Friends."  Letter 
r4,  dated  Jan.  31,  1755. 
.  Bat  in  Oider  to  discredit  Dr.  Sprat's  His- 

*  Bet  the  Cases  of  Compton,  bishop  of  Lon- 
doOf  A.  D.  1686,  and  of  Peaohell,  vioe-chancel- 
ler  of  Cambridge,  a.  d.  1687,  in  this  Collection. 

t  He  had  beea  employed  by  kin^  James  in 
diawing  up  the  form  of  Thanksgiving  to  i^ 
used  on  the  15th  of  J«miary,  1688,  for  the  al- 
kjged  pregnancy  of  the  qneen.  Whether  that 
kug  also  associated  him  with  Sancreft  in  jlraw- 
iog  up,  on  die -Prince  of  Oranjpe's  desoent, 
ihe  Form  of  Prayer  mentioned  in  a  Note  to 
d  Rennett,  496,  I  know  not.  I  recolleot  not 
t»  have  ever  seen  that  Form  of  Prayer.  If  his 
asiialanoe  were  remured,  1  soppose  he  gave  it. 
In  the  January  following,  we  find  him  em- 
ployed, (see  Lords'  Journals,  Jan.  2ind  and 
tSlli,  1688-0.  3  Keim.  541.  2  I^|A>  28) 
with  olber  bishops  to  draw  up  a  Form  orPrayer 
•adThanksriving  for  having  made  his  highness 
the  Prinoe  m  Orange  the  gmiens  instmmeut  of 
^e  great  tdeliveranoe  of  oie  kingdom  from  po« 
rfcfy  and  ariiitraiy  poller,  and  to  insert  tlwreiB 
•  MfftieiilBr  pray  er  for  die  Prince  of  Onmge. 

sir  John  Dahrymple,  (Mem.  part  1,  book  5, 
■^ol.  1,  p.  147)  tells  us,  that' during  the  hi- 
tanded  French  invasi<m  into  Scotland  in  the 
year,  1708,  the  English  fleet,  at  the  mcmlh  of 
the  Frith  of  Forth,  was  mistaken  at  £dmburgh 
for  the  French .  Upon  that  oceasion  sir  Hugh 
Bdrynmte,  lord  presidoit  of  tfie  court  of  ses- 
aieii,  who  was  flyhig  mto  Engfend  himself, 
advised  sir  James  Stuart  to  do  so  too,  pnttmg 
liim  in  mind  that  he  had  had  a  hand  in  draw- 
ing the  Prince  of  Orange's  Manifesto,  he  an- 
tnrered :  •"  Ay,  ay,  my  dear,  that  is  true,  and 
i  must  draw  this  man's  too."  I  do  not  find 
thal^pnt  ever  Maigned  the  office  of  Ckrkof 
theCkwetlaidiigJiiBCi. 


tory,  it  is,  iadesd,  ai4(i|g|cCber  aeadlm  to. 
recur  to  presumptions  arising  firom  his  cha- 
racter or  the  circomstanoes  uader  which  ha 
wrote.  The  author  himself  completely  de« 
stroys  all  its^pretensions  to  authenticity.  Ifier 
the  Revctoion  be  thought  it,  in  Johnaoa'a 
phrase,  convenient  to  eztenaate  and  ciiBcuse 
that  perfonnance.  In  a  letter  to  archUshap 
Saacruft,  which  is  inserted  in  the  Appendix  to 
the  State  Letters  of  Henry  earl  of  Clarendoa, 
he  says,  *'.  May  it  please  your  gnee ;  It  beia^ 
probable  that  as  soon  as  this  convention  sfaaU 
oe  made  a  pariiament,  one  of  the  first  thmga 
they  win  fall  upon  will  he  the  ecclesiastical 
commission ;  it  was  tiiought  necessary  hj 
some  fidends  of  mine  that  I  should  draw  up 
something,  though  not  in  defence,  yet  in  ex- 
tenuation of  my  fauh  in  sitting  there.  What 
I  have  done  in  haste,  1  here  send  your  §[iace, 
humbly  ^ubnutting  it  to  your  grace's  jndg* 
ment  and  correction.  That  part  wherein  your 
grace  is  mentioned,  1  beseech  your  giaoe  to 
change  and  alter  as  you  shall  think  fit  $  and  so 
any  of  the  rest:  and  the  more  faults* yoor 
grace  shall  find  in  it,  the  kinder  I  shall  take  it. 
'*  My  lord,  I  think  after  this  to  write  a  ae* 
oond  letter  to  Ihe  same  noble  person,  ami 
therein  to  defend  myself  as  to  uie  other  ob« 
jections  aj?ainst  me,  as  the  acting  in  the  com- 
mission of  London,  and  above  all  the  writing 
the  account  of  the  Conspiracy  in  1683."* 
,  He  accordingly  pubnshed  two  exculpatory 
Letters  to  the  earl  of  Dorset,  in'  the  secsod  af 
which  he  informed  the  world,  that  shoitiT 
after  the  death  of  kine>  Charies  the  Seomd, 
kinff  James  called  for  me  papers  [his  foeoafit 
of  toe  Rye-House  Plot],  and  having  read  thehi 
and  altered  divers  passages,  caused  them  ta  be 
priafted  hy  his  own  authority.  He  fiu^ier  teUa 
us,  diat  he  lamented  the  fiul  of  persona  of  ho« 
nour  upon  whom  public  judgment  had  passed, 
«  especially,"  he  adds,  "  my  lord  Rasid'a, 
after  I  was  i'ully  convinced  by  disopurse  witk 
the  reverend  dean  ofCanterimry  (Dr. 


*«<iaB3.  The  Rye-Hops^  Conspiracy  dia* 
covered,  being  the  bst  eflfort  of  oiatioe  ta  tha 
long  and  the  4uke  of  York.  An  aocideni  a^ 
fire  at  Newmariket  prevented  it.-  It  was  dia- 
covered,  about  the  end  of  Trinity  Term,  by 
Kaeliaff.  Shaftesbury  said  th^  weie  too  few 
to  do  the  wark,  and  teo  naaay  to  oonaeal  it. 
^So,  an  the  19th  of  November,  one  of  Ae  daya 
appointed  fiura  general  insutreolion,  he  wei^ 
with  Wakat  aad  Ferguson  to  Hollaad;  di«. 
tcndmflr  ao  knger  *  to  walk  the  king  oat  or  the 
< kingdom,.'  aa  ha  amgantly  eiipieesad  it; 
when  he  escaped  by  an  ignoramus  jury. 
Widest  and  Feegaaan  aaen  ratoraad  ficaoa  rA- 


laad,  to  jaia  with  Meanonth,  Essex,  kri 
Gray,  Eaorie,  RusaeB,  A.  ^fl^,  Hamadea^ 
ArmalnxBg,  Bamoey,  Komboid,  Sheppanl,^te* 
Faur  thomani  men  were  said  to  be  engaged  in 
thisinsumotkm."  liaephemon*sLifeafJaniea 
the  Fust,  wriftlea  hy  hanseir,  p.  1^.  (Basin. 
tiaduefeion  to  the  pioaaedbga  agaaaat  load  Gii^ 
mmIoD)  iroL  ^  pw  991,  «f  lh»  Orikclion. 


Sft]      STATK  TRIALS^  95  Ch ABt.tt.n.  l66S^or  the  Sy-HiUH  Phi.      [508 


•r  diat  Mble  geiilfeinitai*«  groal  probity  and 
coBtCoadtablMMTeiice  of  ftbehoed :  buttlmt,"  he 
wMyd  hane  vb  believe,  **  wm  a  food  whHe 
after.**  la  his  second  letter  lie  oarries  bis 
fsMgrncj  somewbat  farther,  allegittg  in  ex- 
cow  for  haTing  acted  nnder  the  Eoclesias- 
tieal  Cominissioii,  that  he  should  hare  tboaght 
Jefferies  and  Hertiert  *'  would  nerer  have  Ten- 
tored  their  fbitooes  and  reputations,  [the  r^ 
potatien  of  Jefferies  !]  by  exerdsing'  a  juris- 
diction that  was  illegal/*  It  appears  b3rthe 
Biomphia  (wherein  js  refevenee  ai  to  this  » 
taaA  to  Wood)  that  to  each  of  these  letters  an 
amner  said  to  have  been  written  by  one  Mr. 
C^bariton  was  published  shortly  after  the  ap- 
pcaraaoe  of  the  letten,  but  I  have  not  seen 


To  the  testimony  then  of  these  two  Histories, 
I  nost  apply  what  Mr.  Fox  says  of  Perg^ooon's 
Narrative,  "  where  it  only  corroborates  ac« 
eeonts  i^nren  by  others  it  is  of  little  use,  and 
where  it  differs  ironi  them  it  deserves  no  credit. '^ 

To  Sprat's  History,  as  published  by  king 
James  tae  Second,  were  annexed,  what  were 
iatitled,  **  Copies  of  the  Informations  and  ori- 
nal  Papers,  relating  to  the  IVoof  of  the  Horrid 
Csaspiracy  agmsl  the  bte  King,  his  present 
Majesty,  and  the  Government :  as  it  was  or- 


dered t»  be  pnUidied  by  his  hte  Mijesty." 
After  Sprat's  vague  assertion  that  lang  Jamet 
ahored  <*  his  papers  ia  divers  passages"  befong 
their  pufalicatioB,  it  is  impossiUe  to  say  what 
part  of  the  publication  is  authentic.  An  inno-* 
cent  or  an  honest  bmu  would  probably  hav« 
thought  it  worth  his  while,  from  regard  to 
truth  and  in  viadicatioB  of  his  own  integrity,' 
as  well  as  of  the  characters  of  others,  to  have 
particularised  the  alterationR  which  Idng  James 
nad  made,  provided  those  alterations  were  ma- 
terial. And  if  those  alterations  wese  isftma- 
terial,  he  would  have  disdained,  by  an  inex- 
plictt  mention  of  them,  to  reader  it  uncertain 
for  what  part  of  the  publication  he  was  himsdC 
responsime.  But  Dr.  8prat.,  it  seems,  thought 
it  convenient  to  resort  to  the  stale  and  vulgar 
artifice  of  generality  ('  dolosus  versatur  in  ge« 
'  neralihus )  and  to  avail  himself  of  such  sh^er 
as  euD  be  afforded  to  guih  and  cowardice  by  the 
darkness  of  indefinite  enressions. 

The  •  '*  Copies  of  Ihe  InformatioDS  and  6ri* 
ginal  Papers,"  &c.  'are  here  given,  ^refore, 
rather  as  euiiovs  and  interestinflf  illustrationB 
of  tiM*  following  Trials,  and  of  the  English 
history  oonneoled  with  them,  tiian  as  docu- 
meots  of  indisputable  authenticity.  They  art 
as  follows : 


COPIES  OF  THB  INFORMATIONS  and  ORIGINAL  PAPERS 

SsiATtNG-  TO   THE    P ROOF  OF  THE  HomUD  CONSPIRACT   AGAINST  TRF.  LATE   KiNO,  Rl$ 

PRESENT  Majesty,  and  the  Goyernmbnt  :   as  it  was  ordered  to  be  published 
BY  HIS  tATE  Majesty. 


7%e  INFORMATION  of  J06IAH  KEEL- 
ING, of  the  Parish  of  St  Botelph  Without, 
AU^^,  in  the  .county  of  Sfiddl^sex, 
Sbter.    Taken  the  IStk  of  June,  lasS. 

This  informant  deposeth  and  saith,  That 
some  time  before  that  nis  majesty  went  last  to 
Newinarket,  about  a  fortnight  or  three  weeks 
fs  he  remembers,  Mr.  Richard  Goodenough 

ender-sheriff  to  3fr.  Bethel  and  Mr,  Cornish, 
te  sheriffs  of  London V did  at  the  Sun-Tarern, 
behind  the  Royal  Excoang^e,  take  this  inform* 
aot  asijle,  and  ask  him  how  many  men,,  he, 
ibis  informant,  could  proems  to  take  away  the 
lile  of  the  kit\^,  aud  duke  of  York  :  he  having 
Won  his  discourse  with  this  informant,  bv 
teUing-  him  that  we  (meaning^  thereby  himself, 
this  informant,  and  other  citizens  of  London), 
vere  like  to  be  in  slavery,  and  to  lose  our 
charter :  to  this  question  this  informant  an- 
svered,  to  the  bestof  liis  remembrancCf  that  he 
Gooki  not  pi-ocure  any  to  do  that  work.  This 
informant  further  saith,  That  meeting  the  said 
Gocdeoough  a  second  time,  vhile  bis  majesty 
vas  yet  at  Newmarket,  he  told  this  infurmant, 
That  the  only  \«ay  to  prevent  she<1(iing  of 
blood  was  to  take  off  the  king  and  duke  pri- 
vately, and  renewed  his  former  request  to  me 
(this  ii)fbrmant)  to  procure  what  meji  I  could, 
towards  the  efltectinp:  of  it ;  and  upon  this  oc- 
casion he  met  me  oilen  in  London,  and  came 
down  to  my  house.  This  informant  further 
taith,  That  he  at  the  solicitation  of  the  said  Good* 


enough,  and  others,  did  speak  to  divers  persons, 
that  Mr.  Goodenough  had  told  this  intormant^ 
there  were  sevei'al  men,  that  would  be  coiv« 
cerned  in  taking  off  the  king  and  the  dake« 
and  they  wanted  more  to  make  up  their  com- 
plement, which  were  to  be  forty  in  number^ 
Among  the  persons,  that  this  inmrmant  spoke  • 
to,  there  were  three,  viz.  James  Burton,  <^ 
Wapping,  White  Chappel,  cheesemonger ;  Wil- 
liam Thompson,  carver,  of  the  same;  and. 
Andrew    Barber,    instrument-mak^r,  of  the 


same :'  that  meeting  by  appointment,  at  the 
Mitre-Tavern  within  Aldgate,  witli  one  Richard 
Rnmball  a  Malster-man,  living  at  a  place 
called,  The  Bye  (if  this  informant  mistake  not 
the  name)  within  two  miles  of  Hoddesden,  la 
the  county  of  Hjertford,  or  thereabouts,  did 
agree  on  the  Saturday  next,  before  his  majesty  Is 
retarn  from  Newmarket  last,  to  go  down  to 
the  Rye,  being  the  house  of  the  aforesaid 
Rumba]],  and  there  to  effect  their  design  of 
talving  oifT  the  king  and  the  duke.  The  manner 
whereby  tbey  proposed  this  should  be  effected, 
that  the  sard  Rumhairs  house,  where  Jliey 
were  to  meet,  being  by  the  high- way  si(^e, 
tbey  that  were  to  be  actors  in  the  fact,  were  to 
hide  themselves  under  a  wall,  or  a  pale  ;'and 
when  his  m^yesty's  coach  should  come  over» 
against  the  said  wall  or  pale,  three  or  four  were 
to  shoot  with  blunderbusses  at  the  postihon  and 
the  horses  ;  and  if  the  horses  should  not  drop, 
then  thei'e  were  to  be  two  men  with  an  empty 
cart  in  the  l8Q«  near  the  plaoe,  who  in  w$ 


367]      STATE  TRIALS,  35  Chakles  IL  l£%S^InfrodueiiM  to  the  7H«b      [36f 


htd>it  of  IsJmorera  should  run  the^  cart  thwart 
the  lane,  and  so  to  stop  the  horses ;  besides 
those  that  were  to  shoot  the  postilion  and  horses, 
there  were  seTeral  appointed  to  shoot  into  the 
coach  where  his  majesty  was  to  be,  and  others 
to  shoot  at  the  ^ards  that  should  be  attending^ 
the  coach .  This  informant  further  saith,  That 
meeting  with  Mr.  Robert  West,  of  the  Middle 
Temple,  barrister,  tliey  went  to  tlie  Dolphin 
Tavern  in  Bartholomew  Lane,  behind  the  Royal 
Exchange,  whera  they  met  the  said  Rumball, 
*  and  one  Hone  of  Southwai-k,  (as  thi^  informant 
believes  he  was  either  a  carpenter  or  a  joiner) 
and  they  discoursing  together,  when  his  ma- 
jesty would  come  home  m>m  Newmarket,  Mr. 
RumbaU  said,  he  heard  that  he  would  come 
that  night :  Mr.  West  said  he  had  beard  that 
his  majesty  would  not  come  till  Monday  ;  and, 
said  be,  I  hope  he  will  not  come  till  Saturday, 
that  is  the  ^tnrday  come  sennight.  To  which 
Kumball  replied,  I  hope  so  too.  If  he  do  not, 
said  Mr.  West  to  Rumball,  why  then  how  man  y 
swan-quills  ?  how  many  goose-quills  ?  and 
how  many  pair  of  crow-quills,  will  or  must  you 
hare  ?  Whereto  Rumball  answered,  six  swan- 
quills,  twenty  goose-quills,  twenty  or  thirty 
(the  informant  doth  not  exactly  remember 
which)  pafa*  of  crow-quills,  witii  ink  and  s&nd 
propoitionable.  This  informant  asking,  either 
the  said  West,  or  else  the  said  Rumbcdl,  what 
was  meant  by  those  several  sorts  of  quills  ; 
was  answered,  that  by  the  first  were  meant, 
blunderbusses  ;  by  the  second,  muskets ;  by 
the  third,  oases  of'^pistols ;  by  the  ink  and  sand, 
powder  and  bullet  This  informant  seeing 
)[lumball  the  same  week  that  his  majesty  re- 
turned home,  told  him  he  had  seen  the  king 
passing  by  his  housed  and  that  if  he  had  but 
nve  men  with  him,  he  conld  have  done  his  bu- 
siness, and  the  duke's,  for  that  there  were  but 
fire  Life- Guard- men  with  them.  This  in- 
formant further  saith,  That  the  said  Good- 
enough  about  a  fortnight  ago,  came  to  this  in- 
formant's house,  and  going  from  thence  to  the 
coffee-house,  he  told  him,  af^  he  bad  pulled 
out  some 'papers,  that  he  this  informant  must 
take  one  of  the  said  papers  ;  who  asking  the 
said  Goodenough,  what  ne  must  do  with  it ;  he 
the  ^said  Goodenough  answered,  that  he  must 
take  to  his  assistance  nine  or  ten  men,  such  as 
be  could  trust,  to  the  end  they  might  consult 
all  the  house-keepers,  journey-men  and  ap- 
prentices, to  see  what  number  of  men  might 
DC  raised  upon  occasion,  either  to  justify  the 
act,  if  the  king  and  duke  should  be  taken  off, 
or  if  not,  what  Strength  could  be  made  up  in 
case  of  an  insurrection  or  a  rebellion  :  and  he 
being  told  by  this  informant,  that  we  were  well, 
indeed  better  than  any  other  nation,  Tthat  is) 
much  happier  if  we  conld  be  quiet,  ^otherwise 
We  should  involve  the  nation  in  blood  and  con- 
fusion ;  he  replied,  that  he  was  clearly  for 
taking  off  the  king  and  the  duke,  and  then 
there  should  be  quickly  an  end  to  it :  and  this 
informant  further  saith,  that  tli6  two  papers 
nowuroduced  by  him,  were  delivered  to  him 
(y  tna  said  Goodenough,  and  that  the  paper 


begimiing^  with  these  words,  viz.  <*4.  From 
'White-Chappel Southeast,'  andepding  'round 
*  Good^nans  Fields,'  was  written  with  Good* 
enough's  own  hand,  as  this  informant  belieyes. 
And  this  informant  saith.  That  he  had  received 
a  third  paper  from  the  said  Goodenough, 
which  he  gave  into  ttie  ha^ds  of  one  Joseph 
Uelby  a  carver  of  Limehouse,  who  put  it  into 
his  pocket,  but  said  he  would  not  meddle  in  it. 
This  informant  further  saith,  that  the  said 
Goodenough  told  him  he  had  divided  the  city 
and  suburbs  into  20  parts,  and  shewed  this  in* 
formant  the  names  of  the  divisions  in  writiitt^, 
having,  as  he  said,  taken  it  out  of  the  map.  la 
the  company  of  the  said  Goodenough  and  this 
informant  was  one  William  Rumball,  the  bro- 
ther of  the  said  Richard  Rumball,  to  wjiom  « 
faper  was  offered,  but  he  would  not  meddle, 
n  each  division  there  was  to  be  one  principal 
man,  to  take  to  his  assistance  eight  or  nine 
more  as  he  thought  convenient ;  but  be  named 
none  of  them  to  this  informant.  This  mform* 
ant  further  saith,  That  on  Thursday  last  he 
going  into  the  Salutation-Taven^  in  Lombaitl 
Street,  was  told  there  were  above  stairs  some 
acquaintance  of  his ;  he  going  up,  found  the 
said  Goodenough  there,  together  with  one 
Wade,  Nelthrop,  and  the  i&resaki  West,  all 
barristers  at  law  ;  they  called  this  deponent  in 
jest  by  the  name  of  Gulick ;  and  he  asking' 
them,  what  thev  meant  by  it,  they  tokl  Bim, 
Gidick  was  a  nrave  fellow  and  neaded  the 
people  at  Cologne,  and  they  hoped  to  see  this 
informant  do  the  same  at  Wapping ;  and  they 
asked  how  their  friends  did  in  Wapping  and 
what  strength  they  could  make  there :  the  in- 
formant answered,  they  would  do  well  enoiMfh 
there,  and  concluded  they  were  privy  to  the  de- 
sign. In  this  company  there  was  one  they  sailed 
captain  Walcot,  who  went  over  with  the  earl  of 
Shaflesbury,  and  oime  back  with  his  corps  ;  as 
also  one  they  called  colonel,  whose  name  this 
informant  does  not  know.  This  informant  fur- 
ther saith,  that  the  said  Richani  RumbaU  in 
the  conversation  above-mentioned  with  the  said 
Burton,  Thompson,  and  Barber,  and  this  de- 
ponent, afHrmcd,  That  to  take  off  the  king 
and  the  duke  would  be  a  keeping  of  one  of 
the  Ten  Commandments,  since  it  would  pre- 
vent a  rebellion,  whereby  abundance  of  blood 
must  be  shed.  This  in^rmaut  further  saith, 
that  he  asking  West  and  Goodenough  on  the 
the  Thursday  above-mentioned,  what  care  was 
taken  for  arms,  he  was  answered,  that  he  need 
not  take  care  of  that,  for  there  was  m*ovisi(m 
already  made ;  and  taat  the  said  West  re- 
commended secrecy  above  all  things  to  this 
deponent,  otherwise  the  present  design  inis- 
carrying,  they  should  never  be  able  to  retrieve 
it.  West  further  told  this  deponent  on  Easter 
Eve,  that  since  the  design  to  be  executed 
upon  the  kuig's  return  from  Newmaifet  bad 
&iled,  they  intended  to  take  the  king  and  duke 
off  between  Windsor  and  Hampton  Court. 

12  die  Junii,  1683.  JosuH  Keeuno. 

Josiah  Reeling, 

Joratis  fnit,  Coram  me^  L.  Jenkins. 


Z69]      STATE  TRIALS,  36  CharlSS  II.  l6p3,— >r  the  Ry^Housc  Plat.       [37P 


The  Joint  INFORMATION  of  JOSUH 
KEELING,  of  the  Parish  of  St.  Uotolph 
Without,  Akigate,  in  the  County  of  Mid- 
dlesex, Salter,  and  of  JOHN  KEELING 
of  the  Parish  of  St.  Anne  Black- Friars, 
Citizen  and  Turner,  taken  the  14th  of 
June,  1683. 

These  Iiifi)rmants  being  in  company  with 
Richard  Goodenotigh,  thb  14th  day  of 'June, 
between  the  hours  of  twelve  and  one,  at  the 
Dolpbin-Tafem  behind  the  Exchange ;  and 
the  said  Josiah  Keeling  asking  him  what  ac- 
count he  bad  of  thosi^  20  divisions  that  he  had 
made  of  the  city,  or  to  that  efiect ;  he  an- 
swered, that  he  bad  an  account  of  Lee  a  dyer 
in  OU-Street,  Middlesex,  and  t^at  he  could 
raise  him  500  men  :  and  the  said  Goodenough 
being  asked  by  the  said  informants  where  those 
men  should  have  arms  and  ammunition,  and 
also  where  other  men  that  were  designed 
to  be  raised  should  have  the  like  :  it  was  re- 
plied by  the  said  Goodenough,  that  there  were 
S0,000/.  already  promised,  which  should  be 
bad  upon  demand,  and  that  the  said  money  was 
to  be  distributed  to  the  20  principal  under- 
takers, proportiooably  to  the  lists  of 'men 
tfaey  broaght  in  ;  or  the  said  Goodenough  re- 
p&ed  to  that  efiect :  the  said  Goodenough  fur- 
ther adding,  that  tlie  duke  of  Monmouth, 
and  all  bis  Triends  would  be  concerned  in  rais- 
iag  tbe  said  money ;.  and  that  the  said  duke 
would  be  at  the  head  of  tbe  said  party,  which 
they  propounded  to  be  four  thousand  in  num*. 
ber,  and  that  many  more  would  quickly  fall 
in.  And  the  siud  Goodenough  further  said, 
that  a  certain  colonel  (whom  the  informunt 
takes  to  be  colonel  Romscy)  would  advance 
800/.  or  1,000/.  towards  paying  for  arms. 
And  the  said  Goodenough  fiurther  said,  that 
Wade  the  Gonnsellor  of  Bristol  or  thereabouts, 
kept  in  town  two  or  300/.  towards  paying  for 
arsoik  And  the  said  Goodenough  being  asked 
what  he  would  contribiitetowarJs  the  carrying 
ooof  (he  said  design, > (he  being  a  rich  man) 
be  answered  that  he  bad  about  60/.  in  plate  and 
kHocGOL  in  gold,  and  hail  he  more  it  should 
all  go  to  the  same  use  ;  afid  the  said  Josiah 
askiiig  him  what  provision  of  horse  there  was, 
the  said  Goodenough  answered  that  tliere 
vere  100  ready,  aud  men  to  mount  them, 
and  if  occasion*^  be,  there  should  be  more  in 
readiness ;  and  the  said  informants  further  say, 
that  tbe  said  Josiah,  being  asked  by  the  said 
Goodenough,  what  progress  he  had  made 
upon  those  papers  he  bad  entrusted  with  him, 
and  Josiah  shewing  him  the  paper  of  number 
^lee  (which  Goodenough  owned  to  have  been 
ddifered  by  him  to  the  said  Josiah,.  with  two 
papers  more)  and  telling  .him  all  was  well 
enough  with  us,  but  asking  him  withal,  what 
we  should  do  for  arms  and  ammunition,  he  the 
ttid  Goodenough  answered,  that  if  there  was 
&ith  in  naen,  money  should  not  be  w&nting  to 
bf^  arms  and  ammunition  ;  and  that  be  was 
to  meet  this  night  them  that  were  principally 
concerned.     And  these  informants  say  that 


I  the  said  Josiah  (being  desirous  to  pry  into  th« 
secrets  of  their  dosign  against  the  Tower)  pro- 
pounded to  tbo  said  Gooiienough,  that  a  persfin 
with  the  staAof  a  constable  Nhould  bring  in  a 
man  bound  as  an  ofieudcr  before  tlie  lieulcnaut 
or  major  Rue  ;  and  that  at  tiiC  same  liine, 
another  pei-Kon  should  be  brought  iu  u;)Oii  the 
same  colour,  and  by  that  means  secure  tho 
guanl  at  the  gale,  till  such  time  that  a  body  of 
meu  which  was  to  be  lodgeu  in  the  corner- 
house  of  Thames -street  or  the  next  to  it,  should 
come  to  their  help  ;  for  which  pi'oposal  thv 
said  Goo<leDouf;li  applauded  the  said  Josiah 
very  much,  clipping  him  upon  th^  back.  And 
the  informant  Josiah  asking  what  to  satisfy  our 
people  we  should  do  for  a  few  arms,  he  an- 
swered, that  the  said  Josiah  should  have  money 
to  buy  them.  Jo<;iah  then  asked  him  what 
gun-smith  he  would  recommrnd  him  to,  adding 
uheiher  he  had  not  best  deal  with  Mr.  West's 
(medniug  Mr.  West  the  lawyer's)  gun-smith? 
Whereto  the  said  Goodeooug'h  answered,  that 

fun-smilh  was  a  very  honest  fellow,  and  that 
e  need  not  distrust  him  :  the  said  Jo^ah  fur** 
ther  asked  him,  saying  yon.  must  have  some 
arms ;  are  those  disposed  that  were  to  be  sent 
to  Ilye?  Whereto  Goodenoiii^h  answered* 
they  were  not.  Then  the  said  Josiah  asked 
him  if  they  were  at  West's  house,  or  at  tht 
gun-smiths ;  whereto  Goodenough  answered* 
they  were  at  the  gun- smiths,  who  lived  in 
Sheer- lane,  on  the  left  hand,  as  one  goes  from 
Fleet-street ;  and  the  said  Josiah  asking  the 
said  Goodenough  whether  they  went  on  with 
their  design  of  killing  the  king  and  the  duke 
between  Windsor  and  Hampton- Court ;  b« 
the  said  Goodenough  replied  no,  because  they 
did  not  usually  go  together,  but  they  wopld  do 
it  at  the  bull  feast,  in  Lyon- fields.  And  tbesa 
informants  furthel*  say  not.     Josiah  K^eunOi 

14  die  Junii,  1683.  J OHX  Keeling. 

Jurali  Prcedicti  Johan. 
et  Josiah,  Coram  me, 
L.  Je^nkins. 


The  Joint  INFORMATION  of  JOSLAH 
KEELING,  of  the  Parish  of-St.  Botolph 
without  Ald^'ate,  in  the  County 'of  Middle- 
sex, Salter,  and  of  JOHN  KEELING  of 

the  Parish  of  St.  Anne  Black- Fristrs,  Citi* 
zen  and  Turner,  June  Vr^  1683. 

The  informants  say,  that  being  in  the  com- 
pany of  Richard  (joodenough  at  the  Sun- 
tavern  behind  the  lluyal  Exchange,  between 
the  hours  of  one  and  three  o'clock  on  the  15th 
day  of  this  instant  June,  1683,  they  asked 
the  said  Goodenough  what.  ]>ersons  of  quality 
would  be  concerned :  He  the  said  Goodenough 
replied,  that  he  had  discourso^l  "William  lord 
Hussel,  son  to  the  earl  of  Bedford,  and  that 
the  said  lord  Russel  told  the  aforesaid  Good- 
enough,  that  he  would  be  concerned  in  it 
to  his  utmost,  and  that  be  would  use  all  his 
interest  to  acconiplibh  the  aforesaid  design 
of  killing  Uie  king,  and  the  duke  of  York: 

and  these  informants  further  say,  that  ask* 
2B  />  . 


i7l]      ^ATE  TRIALS,  95  CflAitLW  11.  l6sS^<--lidfAKilm  ia  the  Trkls     {fft 


%ag  Hietaid  GoMlenofi^li,  what  colonel  lliat 
was  that  yesterday  be  the  said  Goodenoug^ 
totd  the  imbrmants,  Josiah  aod  John,  would 
•dvaoce  .800  or  1,000/.  towards  earryin^ 
on  'the  desiffn  of  killing  the  kin^  and  (hike, 
he  the  said  Goodenough  -  rephed^  it  was 
oobnel  Romsey ;  and  informant  Josiafar  asked 
the  said  Goodenougfh  whether  it  was  that 
RoiDsey  that  married  the  lady  Smith,  and  had 
commanded  forces  in  Portugal  for  his  majesty, 
(i.  e;)  the  king  of  England,  he  replied  it  was. 
our  bands,  this  i5th  day  of  Jane,  1689. 

JosuH  Keeling.  \ 
John  Keeling. 


Tha  INFORMATION  of  JOSIAH  KEEL- 
ISG^  men  upon  Oath  at  Hampton- 
Court,  June  23,  1683. 

Atid  this  informant  further  saith,  that  several 
gentlemen,  viz.  Mr.  Roope,  Mr.  Fitton*  Gerrald 
and  Mr.  Allen  a;id  one  other,  whose  name  this 
informant  hath  forgot,  who  as  they  said  came 
to  Tisit  their  honest  Wapping  men,  that  this 
infom^nt  would  recommend  to  them  for  such, 
and  also  to  dine  with  them  at  some  tavern, 
which  was  tHb  Fortune  at  Wapping,  where 
was  Mr.  Samuel  Gibbs,  Mr.  Edmund  Hunt, 
Mr.  Robert  Fer^son,  with  sereral  other  per- 
sons that  this  mformant  doth  not  rememoer, 
where  the  afbresaid  gentlemen  began  to  drink 
healths,  some  of  which  were  as  followeth ; 
To  the  man  that  first  draws  bis  sword  in  de- 
fence of  the  Protestant  religion,  against  Popery 
and  SlaTery ;  another  was  To  the  conflision  of 
the  two  brothers,  slavery  and  popery;  and 
being  asked  what  they  meant  (as  tnis  informant 
verify  befievetfa)  it  was  replied,  the  two  bro- 
thers at  White- hall ;  the  next  was  To  the  pin- 
nmg  of  Mackinnys  head  on  the  Monument  for 
burning  the  city  hi  1666.  And  this  informant 
asking  what  was  meant;  they  said  i}  was  the 
dukfe  of  York.  And  this  informant  dining  at 
the  Horte-shoe  tavern  on  Tower-hill,  with  Ed- 
ward Norton,  esq.  Mr.  Starkey,  Mr.  O^le,  Mr. 
Goodenough,  and  others,  forgot  by  this  infor- 
mant, they  drank  the  foresaid  healtlis,  and  did 
e;cplain  them  as  the  aforesaid  company  did. 
And  tliis  informant  iuHher  saith,  that  Fran. 
Goodenough  sent  a  letter  to  Uiis  informant 
by  one  Cherry,  to  acquaint  the  said  informant, 
inat  the  said  Goodenough  would  with  some 
other  gentlemen  dine  at  the  end  of  the  town, 
whore  this  informant  dwelleth,  and  that  this 
informant  would  speak  to  such  men  as  he. 
could  trust,  to  meet  the  aforesaid  persons  at  the 
Siracisa  honse ;  there  came  with  the  aforesaid 
Goodenough  one  John  Row  late  Sword-bearer 
at  Bristol)  with  a  Dorsetshire  gentleman  whose 
name  this  informant  hath*  foi^gfot  \  also  at  the 
saiae  meeting  was  Mr.  Edmund  Hunt,  An- 
drew Barbed,  William  Tomson,  James  Burton, 
as.  this 'informant  verily  believes,  with  sewestvA 
others  forgot^  where  it  was  agreed,  we  should 
diaoourse  so  that  it  might  not  be  understood  if 
we  were  over-beard.  Then  the  questioii  was, 
if  tfie  foot-ball  ww  laid  down  how  maoy  we 
1 


ml^ht  reasonably  eapeet  would  oome  m  at  first 
laying  of  it  down  fi»m  oar  end  of  the  town  t» 
play  at  It  ?  To  wbioli  it  was  replied',  it  was 
uncertain,  but'  as  many  as  were  there  would  be 
concerned ;  to  which  it  was  answered  by  Row,  - 
and  Goodenoueh,  if  we  would  not  in  a  little 
time  l^ick  the  ball  elfectually,  we  should  be 
made  slaves,  for,  caith  Ron^  the  lord  mayor 
hath  imposed  sherifis  upon*  you,  and  iSie  kiiu[ 
will  take  away  your  dMurfer,  and  then  you  wifi 
be  in  a  l^ie.  eondilioii,  and  Goodenough  spake 
tethe  same  purpose ;  uponwhieh  Bunt  mlied, 
that  he  coow  do  as  much  good  as  any  body, 
for  that  foot- ball  players  often  got  broken  shiiMr, 
and  he  the  said  Hunt  could  cure  them.  And 
this  informant  further  saith,  that  this  diseourse 
was  rroended  upon  this  ibundatieQ,  what  meA 
can  be  raised  against  the  church-warden  at 
White-hall,  whMh  was  understood  the  king. 
And  this  informant  further  saith,  Aiat  Ricbera 
Goodenough,  and  Richard  Rumbal,  told  ^ia 
mformant,  that  there  was  a  remonstrance  or 
declaration  ready  drawn  up,  which  would  be 
printed  against  the  day  that  this  designed  com- 
motion was  to  be,  Wherein  they  wouM  ease  the 
rple  of  chimiiey  nnoney,  which  seemed  te 
most  grievous,  especialW  to  the  common 
people,  and  that  they  wooid  lay  the  kiog'i 
death  upon  the  Papists  as  a  contuMied  design 
of  the  former  plot.  Josuh  KisunSi 

Copt  of  a  NOTE   given  in   by  JOSIAH 
KEELING,  23d  of  June,  and  by  ~ 
eeived  from  Goodenough. 


Froorr  the  Tower  Eastward  on  the  8outb-i 
of  Rosemary -lane  to  Maklen-head-lane,  the 
West  side  of  Maiden -bead -lane,  the  North- 
side  of  Upper  8hadwell,  Westward  to  New 
Gravel-lane,  the  West-side  of  New  Gmvel- 
lane,  to  Ae  TLames'and  by  the  Thames  le 
"  the  Tower. 

The  streets  and  alKes  of  note  within  the 
bounds:  St  Katherine's>  East-Smiihfleld^ 
Ratcltft-high-way,  VictealKng-offiee,  Buteher- 
row,  Redcross-street,  Armitage,  Nifi^thi|fel» 
lane,  Artichoak-lane,  Redmead-lane,  Wapping, 
Gun-ally,  Cross-ally,  Well-ally,'  Warners- 
vard,  Salters-ally,  Green-Bank,  Gkm^ally, 
Pump-ally,  Meeting-horse-ally,  Old-Gntvel-* 
lane,  BMwer's-lane,  Tobacco-inpe-ally,  Cina* 
mon^etreet,  Crown-street,  Queen-street,  King* 
Edwards-street,  King-street,  Caiman- Rents, 
CrowB-yaid,  FTarrow-aily,  Sevea-8tar-alW} 
Gafter-yard;  Wests^garden,  Blew-gate-fieui, 
Fleeoeryard,  Chamberlain*8-ally,  Frankland* 
street.  Match- Walk; 

With  all  other  plaoes  within  the  ontbonnds 
not  named. 


The  INFORMATION  of  THOMAS  SHEP- 
ARD,  taken  by  the  right  honourable  thm 
eaii  dr  Sunderland,  &c.  June  9r,  168S, 

Some  time  before  my  lord  ShaftsbuiT  wwil 
for  Holland,  the  duke  orMonmoudi,  lord  Gray; 
lord  Ruasel,  air  Thomas  Armstrong,  eol.  llom» 


Be  with  Mr.  Mtefrait.  farmeriy  by 
f  ilk  brother,  who  vrat  taen  a  merchant 
m  Bardeaux,  and  ooe  of  mj  ooFrespondenta,  I 
caiBe acquainted  with  Mr.  Bftyiy,  who  told  me 
tan  Hoae  4a  ttme,  what  ateae  they  made  io  it; 
htw  ha  aooveraed  with  the  duke,  lord  Riueel, 
maior  W.  and  aa  I  remember,  eolonel  Sidney  ; 
aad  that  be  had  divers  nroniieea  of  the  money, 
tod  dcaired  it  might  be  paid  into  my  bands ; 
at  length  he  teld  me  that  5,000/.  they  had 
yead  to  raise  amongat  tliemeelveB,  and  that 
ney  ezpeeted  the  .other  half  shonM  be  taised  in 
the  city  ;  bat  finding  no  monies  could  be  got 
la  the  city,  that  project  f  11  likewise,  and  as 
Mr.  Bayly  told  me,  ill  his  eountrymen  were 
gainff  beyoad  iea^— A  few  days  after  came  out 
llie&covery,  and  I  never  saw  any  of  them 
fiace.  Mr.  Fergnaon  told  me  that  my  Joid 
tmex  waa  hearty  in  this  business,  and  that 
Jshn  Traflkrbard  waa  a  man  to  be  depended 
q^  m  tlM)  Weat:  They  bad  likewise  good 
h^  «r  air  WiUiMi  Cowtney/  and  that  my 


lord  fibacftshnry  had  aeatc^itahi  Watoot  dsani 
toinm,  who  returned  with  a  very  eoaltcnrer 
that  be  isund  them  not  what  ha  expected,  Init 
Uiered  if  it  casa  ei  «  liamg,  they  weald 
|»M(re  right enoa^.  1  had  almnst  ibagot  ta  ae« 
aeaipt  your  majesty  tlmt  botliilr.  Fccoiiaon  and 
Mr.  Bayljr^told  me;  That  Mr.  Cbarieteai  bad 
oncetproasised  to  aee  the  10,000/.  f  aid. 

iPuRBt*  Coram  me,  Thomm  SnaOBn 

i«nef7,108S.  SmfoeaLAMD. 


aa|r,nadMr.  Puguaon^^Mt  at  eny  Imnae  m 
ikdiosch-laae,  wbntbe  aabjeot  4yf  ebetrdis- 
OMiea  waa  haertoaeiee  year  majeaty 's  guaada, 
aad  ie  eadai  thereunto,  es  I  afitereiniida  at  their 
acst  oiaelieg  waa  inl'onned,  the  duke,  lord 
Otaay,  and  air  I^mmaa  Araas^wag,  waHeed 
abantlhaAend  oflfae  iswn,  one  night ;  aad 
gaae  ma  eeoaimt  Ihat  they  ibuod  <bem  very 
MBniaa  in  their  pkn^,  not  tike  soldiers,  aad 
that  the  thing,  praeided  tbev  cauld  havie 
a  aefficieBt  atraefrth;  wes  ftasiUe  eaongii; 
ket  indin^  that  faded,  the  pieyect  was  whoHy 
laklaaide,  an  frr  as  I  knew:  Aftnrthat  Mr. 
Feri^uaen  teid  me  of  a  feqeet  was  enfoot,#br 
de^Myin^  your  ma^y,  and  bis  royal  higtH 
aam,  caeoii^  irom  Mewaoiarfcet.  Colond 
Hemapy,  Mr.  IVest, aadas  i  remember,  Mr. 
Wede,  eeaae  to  my  oooetieg-honse  one  even- 
tag:,aiid  began  to  dificonrse  of  it ;  upon  which 
I  laid  tbem,  that  anppwiag  they  aboaUl  effect 
mkat  chey  talked  m,  it  cenld  not  he  expected 
thit  if  the  duke  of  Menmoeth  should  be 
hut  in  honour  and  for  bis  own  rindi- 
he  muat  search  out  the  assassins,  and 
bath  ti^  and  exeeatethon;  ao  that  ieotead  of 
fliyeatng'  a  learaid,  they  must  kwe  their  hres; 
npaewMh  theyceasM  their  discourse,  and 
w«t  ew^  aaon  after.  Some  time  after 
^fhia,  Mr.  Fergnson  told  eae  of  a  general 
insnrracliott  tnteaded  both  in  England  and 
fSrethad,  and  in  order  to  it,  that  sir  John 
Cacfcran,  Mr.  Bayly,  Mr.  Monro,  sir  Hugh 
end  air  Geaige  Cambell,  were  come  up 
tolreat  aritb  fOBM  of  our  Baglishnien about 
it;  and  that  the  lord  of  Argyle  had  made 
a  prapoaitioB,  That  if  they  would  raise  him 
80,000/L  lie  wouM  be^n  it  in  Seethmd ;  but 
finding  no  hopes  at  raismg  that  sum,  tibe 
Scoteii  were  wiliM^  to  accept  of  lO^OOOC: 
Aad  by  meaaa  of  a  letter,  which  came  ea  I  was 
iafinmed  /for  there  was  no  oaflae  aiibsoribed) 
from  one  Mr.  Stewart,  to  same  uekaown  man, 
which  I  havelbfgot;  ooncioding  then  that  it 
was  intended  to  Mr.  Bayly,  or  some  oilier  of 
thaaa  gentlemen,  having  had  some  small  ac- 


The  INFORMATION  of  JOSEPH  HOW,  of 
the  Parish  of  St.  Giles's  Without,  Crip- 
ple-gate, in  the  County  aforesaid,  Dia- 
tiller,  taken  vy>on  Oath  before  sir  Ec^- 
nald  Forester,  bart.  this  15lh  day  of  June^ 
1583,  (unhst  Thomas  Lea,  of  Old-Mree^ 
in  the  Parish  aforesaid,  in  the  County 
aforesaid.  Dyer,  for  speaking  of  dangemua 
and  seditious  words.  ^ 

Hiis  informant  depoaeth  aad  tayeth.  That 
the  aaid  Thomas  Lea,  being  at  his  house  in 
White-Croas-Street,  on  Thursday  hMt,  between 
two  and  three  o'clock  in  the  afternoon,  being 
the  14th  of  this  instant  June :  the  said  The- 
maa  Lea .  waa  discoursing  with  htm  this  in- 
iermaat  about  the  Ums  of  thecity  charter,  and 
other  thinga ;  upon  wlnoh  the  aaid  'Hiomna 
Lea  fell  into  a  paswan,  and  told  tbb  informant 
that  he  waa  one  of  the  aead>er  of  10,000  men^ 
which  were  designed  to  be  ready  at  an  houi^a 
warning;  and  in  order  thereimto^  there  waa 
90,000i.  in  benk,  to  cairy  on  the  undertakings 
aad  many  more  did  erery  day  subscribe 
meaev  or  engage  their*  personal  assistance: 
and  the  first  enterprize  they  ventuie  open,  b 
to  ge  very  aear  Windsor,  and  for  to  sei2e  the 
black-bird,  and  the  gold-finch ;  and  that  800 
men  were  designed  for  that  enterprise  :  and 
afterwarda  to  aeiae  the  militia,  Whitehall,  aad 
the  Tow^ :  but  thia  informant  answered  that 
he  judged  it  impoasible,  liie  Tower  being  now 
so  very  atroag  ;  but  the  said  Thomas  L«a  told 
him  that  he  bad  been  round  the  Tow«-  in 
company  with  d  captain  of  a  shin,  and  had 
found  out  a  place,  where  a  breacn  might  be 
made,  which  is  to  be  done  b?  placing  some 
ships  on  the  Thames  side,  with  mortar  pieces 
therein,  to  dismount  the  guns;  and  also  to 
bring  the  major  part  of  those  seamen  which ' 
were  in  arrears  of  pay,  to  perform  the  woiit,  * 
they  being  angry  and  ite  want,  therefore  the 
fitter  for  that  purpose ;  and  that  for  the  better 
carrying«^>f  the  design,  several '  meetings  aie 
held  (as  this  day  for  one)  at  the  King's  Head 
tavern  in  Athist-Ally  near  the  Royal-£<- 
change,  at  two  o'clock  in  the  afternoon ;  far- 
ther mfbrmeth  not.  Joasra  How. 

RSGIN.  FoRfiSTBR. 


The   EXAMINATION   of  Colonel  JOHN 
ROMS£Y,  June  35,  1683. 

This  examinant  saith.  That  in  October  Or 
November  last,  there  was  an  Insurcection  in- 
tondedbytheearlofShailedmry  oydthst  the 


S75]      STATE  TRIALS,  $5  CharLKS  IL  l6S5.'-Inir0duction  to  the  TrUh      [97^ 

said  earl  of  Shaftesbury  told  this  examinant, 
tliat  Bristol  was  to  be  his  post,  and  the  exami^ 
nant  being  asked.-vvhat  persons  of  quality  or 
capacity  to  command  as  officers,  were  naified 
as  intended  to  take  part  in  this  insurrection  ; 
he  answered,  that  he  heard  ray  lord  Russel 
.named    and    complained  of,    and   Mr.   John 
Trenchard  named  by  the  earl  of  Shaftesbury  ; 
and  this  examinant  further  saitb,  that  How 
the  sword-bifarer .  of  Bristol,   told  him,  that 
Mr.  West  had  acq*:aiuted  hiin  the  said  Row, 
that  there  was  an  intention  to  assassinate  the 
king,  at  his  coming  from  Newmarket  in  Oc- 
tober last :  the  examinant  doth  not  remember 
whether  the  duke  was  there  or  no,  but  that  if 
he  were,  he  was  likewise  to  have  been  killed 
(as  the  said  How  tuld   this   examinant,)  and 
this  examinaut  further  saith,  that  about  the 
latter  cu:l  of  Nt»vember,  or  the  beginning  of 
December  la4,  this-exa.ninant  having  matters 
of  law  til  pending,  boCa  ne  acquainted  with  Mr. 
Rob..'rt  West;  and  empiuyed  him  as  his  re- 
icree  tht'fein  ;  that  the  .said  West  acquainted 
this  examinaut  with  the  design  to  murder  the 
king  at  his  coming  from  Newmarket  in  Oc- 
tober last ;  and  tol  I  this  examinant,  that  though 
it  misCairied  at  that  time,  it  was  not  to  he 
given  over  so,  and  therefore  desired  that  he, 
this  examinant,    Mr.  Richard    Goodenough, 
and  some  others, .  which  he  cannot  charge  his 
memory  withall,  should  meet  at  his  the  said 
West's   chambei*,  where  this  examinant  and 
they  did  meet  v\  ithin  three  or  four  days  after, 
to  the  best  of  this  examiuaot's  remembrance, 
and  there  discoui'sed  about  the  same  design, 
ai)d  let  it  i'ali  at  that  time ;  and  this  examinant 

furtber  saith,   that   about  the  month   of  Fe- 
bruary last,  tlie  abovesaid  persons  met  with  this 

examinant  at.tl^  said  ]\lr.  West's  chamber,  to 

consider  h  )w  the  design  should  be  brought  to 

effect,  at  tlie  king's  return  from  Newmarket ; 

and  Mr.  West,  and  Mr.  Richard  Goodenough 

undertook  to  iiod  out  men  for  that  purpose. 

And  this  examinant  further  saitii,  that  about 

tills  time  the  said  AVest  and  Goodenough  did 

desire  that  this  examinant  would  be  acquainted 

with  Richard  Kuiuballof  the  Rye  near  Hogs- 
den  in  Hertfordshire,  who  was  the  man  that 

wouM  untlertake  to  command  the  party  that 

tthould  Uke  off  the  kiijt^  and   the  duke ;  and 

that  at  their  desire  this  exaooi nant  did  consent 
«   to  a  meeting  with  the  saidRumball.    When 

Richard  Goodenough  brought  .this  examiuant 

to  meet  Mr.  Rumball  at  the  Angel  tavern  near 

the  Old  Exchange,  the  said  Rumhall  acquainted 

this  examinant  how  the  ground  lay,  and  would 

have  had  him  gone  down  to  see  it;  but  tbb 

eximinaut    refused    it.     And  this  examinant 

farther  saith,  that  after  that  they  had  s(  veral 

meetings,  to  try  if  they  could  make  up  the 
,  number  of  forty  or  fifty  men  for  that  purpose, 

under  which  number  the  said  Rumball  would 

not  undertake  it.     And  this  examinant  further 

saith,  that  at  their  next  meeting  two  or  three 
.    days  bcfjre  or  after  the  king's  coming  from 

Newmuriiut  in  March  last,  they  aid  resolve 

tbatar»a«  should  be  brought  «gauo2>t  the  next 


journey  to  Newmarket  in  Aiitamn  or  any  other 
op^wrtuoity,  as  at  the  play -house,  or  oomiD^ 
from  Windsor  to  Haamton-Court,  or  otber- 
wise :  and  that  Mr.  West  did  undertake  ta 
provide  so  many  cases  of  pistols,  so  many  ca- 
rabins  and  so  many  blunderbusses,  and  this  ex- 
aminant thinks  ten  mosquets :  and  that  it  was  ' 
resolved,  that  ihere  should  be  arms  provided 
for  lifiy  men  at  least :  and  this  examinant  fur- 
ther saith,  that  the  meawere  to*  he  divided, 
some  to  shoot  the  postillion  and  horses,  some  to 
fire  upon  the  king  and  duke  into  the  coach, 
and   the  remainder  to  charge  the  Goards; 
and  that  there  was  also  a  cart  to  be  laid  in  the 
^^y>  by  which  means  the  coach  should  be 
hiitdered  from  going  on :  that  the  said  Rumbel 
said  at  their  next  meeting,    after  the  king's 
passing  by  his  house,  that  there  were  but  tour 
of  the  Guards  attendmg  the  coach,  and  that  if 
he  had  had  but  a  small  number  of  men  with  him> 
he  could  have  taken  off  the  king  and  the  duke 
with  ease :  and  this  examinant  further  saith^ 
that  at  this  last  meeting  captain  Walcot  wne 
there  present.      And  this  examinant  further 
saith,  that  he  did  not  meet  again  in  five  or  six 
weeks  alter  with  the  saul  company,  tboiigh 
often  pressed  by  Mr.  West  that  it  was  not  fii 
to  give  it  over.    And  this  examinant,  furdier 
saith,  that  this  examinant,  the  said  Goodenough, 
West,  Walcoti  Norton,  Wade  and  HoUoway 
did  meet  at  Mr.  West'fi  chamber  about  three 
weeks  or  a  month  since ;  and  did  then  resolve 
to  try  what  men  could  be  raised  in  Ijondoa 
and  the  hberties  ;  and  that  they  jnight  be  more 
certain,   London  was  divided  into  20  parts  i 
and  Mr.  HoUoway,  Mr.  Wade  and  Mr.  West, 
undertook  to  make  the  division ;  and  Mr.  West 
and  Goodenough,  did  undertake  to  find  a  man 
for  every  division  that  should  bring  in  the  cer- 
tain number  that  they  could  raise  respectiyety. 
And  this  examinantVurther  saith,  that  in  the 
first  fortnight  or  thereabouts  they  did  verv 
little ;  but  the  next  meeting  after  Mr.  Good- 
enough  brought  in  an  account  of  seven  divi- 
sions, which  amounted  to  3,900  men  or  there- 
abouts ;  and  that  he  the  said  Goodenough  dkl 
believe  that  the  remaining  divisions  would 
afford  as  many  men  more :  and  it  was  further 
resolved  at  that  time  that  the  design  in  hand 
should  be  kept  secret  until  such  time  es  the 
return   of   the   whole   diviflioiiB    should   be 
brought  in. 

And  this  examinant  being  further  asked, 
whether  he  did  hear  any  commanders  or  con** 
mission-officers  named  to  cemmaed  ^  these 
forces,  he  saith  he  beard  of  no  partiouliir  names, 
but  in  general  that  there  were  100  old  officers 
about  the  town ;  that  alter  that  they  oer- 
taiuly  knew  how  many  men  all  the  divbtous 
would  amount  to,  they  then  resolved  this  ex* 
aminant  should  carry  the  proposal  of  com- 
mandiug  these  forces  to  the  duke  of  Hon* 
mouth  ;  but  the  listings  not  being  finished, 
he  never  said  an^  thing  of  it  to  liis  gnSoe.  And 
tliis  examiimnt  furtber  saith,  that  9ie  pnitciice 
to  make  this  levy  of  men  was  to  assert  reU<« 
gionendUbertiM.    And.  this  exaounentlurthier 


377]       STATE  TRIALS,  ^5  CHARtES  II.  l6«3.-/<ir  tke  Rge^g^me  PM.       fS7§ 


nidi,  that  there  was  a  declaration  designed  to 
6e  ppblished  when  these  forces  should  be  up  ; 
but  thai  to  the  best  of  his  memory  he  never 
nw  it  nor  heard  it  read,  bat  he  believes  some 
ptrt  of  it  was  discoursed-  of  in  this  exami- 
aaot's  presence ;  as  that  Coaching  liberty  of 
coascience,  and  something  relating  to  the  law 
sod  the  judges.  And  this  examinant  farther 
saith,  that  to  the  best  of  his  memory  on  Tues- 
dftv  last  was  senn'ight  this  examinant,  captain 
Walcot,  West,  Nelthrop,  Goodenongh  and 
Wade,  met  at  the  Salutation  tavern  in  Lom- 
btfd-street,  to  Imow  what  progress  Good- 
CBOOgh  had  made  in  the  other  13  divisions, 
Irfao  told  this  examinant  and  the  rest,  that  he 
had  done  nothing  since  the  last  meeting ;  but 
Aat  be  was  to  meet  with  some  persons  that 
aftemoon,  who  were  to  gfive  him  a  further  ac- 
count :  and  this  examinant  further  saith  tliat 
after  they  had  dined,  one  that  was  a  stranger 
to  this  examinant  came  into  the  room  to  speak 
with  Mr.  Goodenougli,  and  that  Mr.  West 
asked  him,  if  he  had  seen  the  Gazette  of  that 
day,  in  which  was  a  relation  of  a  commotion 
in  Cologne  by  one  GiiKck,'  and  told  him  he 
should  be  our  Gnlick,  for  that  in  Dutch  Gu— 
was  Keil  and  ick  was  ing,  telling  this  in  a 
jesting  doanner.  And  this  e^amit^&nt  further 
sahh  that  on  Satnrday  lastwas  senn'ight  he 
this  examinant,  Mr.  West,  and  Mr.  Norton, 
met  at  the  George  tavern  upon  l.udgate-Hii:, 
and  then  this*  examinant  was  told  that  a  dis- 
covery was  made  of  what  tliey  had  been  doing, 
aad  at  present  this  examinant  further  saith  not. 
515  Die  Janii,  1683.  J.  Romsey. 

Capt.  et  Recoghit.  Coram, 
Albrmarlb.  L.  Jenkins. 


Further    INFORMATIONS    of    Colonel 
ROMS£Y. 

.  ^  * 

Fnrtber  this  examinant  saith,  that  Mr.  Fer- 
gaaon  and  the  rest  did  in  several  meetings  since 
the  b^finning  of  February  press  for  the  having 
the  men  got  ready  that  were  to  kill  the  king 
ad  tfaedoke,  dm  it  was  told  him  by  Mr.  (jvood- 
enough  %ad  Richard  Rumbal  and  West,  that  a 
creat  many  were  poor  and  cOuld  not  furnish 
nemselves  with  horses  or  arms ;  this  was  pre- 
andy  after  <  his  coming  out  of  Holland  :  Mr. 
Ferguftm  replied,  he  wouki  provide  the  money, 
and  in  two  meeting  afterwards  he  told  them  he 
had  600/.  ready  m  gold,  that  they  might  de- 
pend on  him,  when  they  had  got  the  tbrty  or 
tty  ineQy  under  which  number  Richard  Uum- 
balicoald  not  uiidfrtake  it ;  and  then  Rumbal 
aodthe  rest  asked  Ferguson  at  the  ficst  meetinsr 
vehad,  if  he  thought  tlie  duke  of  Monmouth 
wonld  not  revenge  the  king's  death,  and  hang 
^those  th«t  bad  t>een  the  actlhv ;  Mr.  Ferguson 
very  inefy  undertook  to  have  it  under  the 
didbe^s  hand  against  the  next  meeting,  but  when 
w^  met,  be  toui  them  there  wa^  no  sa  viiig  any 
•nch  thing  to  the  duke,-  but  he  said  that  we 
mst  all  be  ruined  if  it  were  not  done :  then 
they  asked  if  the  duke  would  appear,  when 
it  was  doney .  to   which   he   made  answer. 


that  a  person  would  be  there,  bat  he  mqst 
be  excused  for  naming  any  names,  and 
desired  not  to  be  pressed :  I  told  them  always 
they  were  not  to  trust  to  what  Mr.  Ferguson 
said,  for  he  was  so  wilUng  to  have  the  most  bar- 
barous murder  done  that  he  would  say  any 
thing  to  encourage  them  to  do  it ;  ^och  dis- 
course fis  this  happened  several  times  at  our 
meetings,  some  saying  when  oar  swords  were 
in  our  hands,  if  he  would  not  protect  them, 
that  then  he  should  be  cut  off  too  :  such  hellish, 
discourses  as  these  we  entertained  oundves' 
with,  until  the  news  of  the  firing  of  New* 
Market  came  to  town  :  and  then  Mr.  Fer^son 
'sent  for  most  of  us,  and  was  earnest  that  Good- 
enough  and  Rumball  should  gerwhitt  men  they 
could,  and  that  he  could  help  them  with  six, 
and  that  Rumbal  should  attempt  it  with  9$ 
maay  as  cpufabe  got,  but  it  was  given  over  for 
that  time,  because  neither  arms  nor  horses  were 
ready  ;  then  be  promised  that  he  woukl  immedt-^ 
atel  V  get  the  600/.  ihto  his  own  hands  to  provide 
all  things  in  a' readiness  a^piinst  the  first  opportu- 
nity, whether  at  the  play  bemuse,  between  Hamp- . 
ton  -Court,  or  going  to  Winchester,  and  said  that 
some  persons  were  already  out  to  see  a  fit  place 
to  do  it  in,  and  if  it  could  pot  be  done  before  that, 
then  alt  tbmgs  should  be  ready  against  the  king 
and  duke's  going  down  to  New-Market;  as 
horses  bought  and  kept  in  a  readiness,  and  artns 
which  Mri  West  undertook  to  do,  he  being  ao- 
quamted  with  agun-sraitb,  and  upon  Mr.  Perga- 
son's  prolnise  that  he  would  procure  the  money- 
Mr.  West  bespoke  the  arms,  and  thejr  were 
ready  in  a  very  little  time :  but  when  Mr.  West 
came  and  told  Mr.  Ferguson  that  the  arms 
were  ready  (for  six  weeks  now  I  did  not  see 
Ferguson,  but  Mr.  West  acquainted  mewith  all 
passed  as  follows)  he  told  the  said  West  that  hid 
friend  had  not  brought  him 'the  money  as  he 
promised ;  also  Mr.  West^was  forced  to  pay 
for  the  arms  out  of  his  own  money,  whica 
was  not  repaid  him,  as  he.  told  this  exa- 
aminant  not  above  twentjr  days  since  or 
thereabouts :  The  said  West  told  this  exami- 
nant that  Mr.  Feiguspn  told  hun  he- might 
send  for  his  money  when  he  would,  by  a 
note  to  major  W  but  be  must  telLhim  the  name 
that  he  would  make  the  note  payable  to,  that  he 
might  tell  the  same  to  tdiyorW.  the  name  I 
have  for^t.  In  some  very  few  days  after,  as 
he  the  said  West  told  this  examinant,  the  saitf 
Ferguson  told  him,  that  he  mast  not  send  any 
body  or  note  to  receive  the  said  hundred 
pounds,  but  Richard  Rumbal,  because  the  said 
W.  would  not  trust  any  body  else ;  West  sent 
the  said  Rumbal  very  early  one  morning,  but 
the  said  major  W.  was  gone  out  of  town  before 
he  cameto  the  house,  which  he  went  and  ac- 
quainted the  said  Ferguson  with :  in  a  few 
days  after  the  said  Ferguson  paid  the  said  West 
100/.  in  goM,  and  as  the  said  West  then  told 
this  examinant,  that  the  said  Fergnson  told 
him,  he  did  receive  the  said  100  pounds  of  Mr. 
Charhon  <  and  about  14  days  since  the  ^ud 
West  and  this  examinant  going  to  Mr.  Fergoaeft 
he  toM  08  that  there  was  d,000/.  raised  for  to 


$791     STATE  TBIALS,  31  Ckauss  II.  t6S3^1mirvthwiiM  to  the  Wab     [990 


haj  bones,  ivid  to  maintaia  UuKn  and  the  men 
kk  %  readiness,  that  if  any  jopportunity  offered 

'  ill  might  be  ready  ;  but  did  not  tell  us  lirom 
whom  be  was  to  bave  bis  mooey,  neither  did 
either  at'  us  ask  blra  any  qoesiioD  about  it. 
Further  this  Axaminant^Ui,  that  to  the  best 
of  bis  remembrance,  in  Jaaoary  last,  Mr.  Nd- 
tbrop  told  this  examinant,  that  meeting  cokmtl 
Sidney  bejtold  bim  that  now  flometbing  would 
bf  done^  tor  that  it  was  resolved  to  s^nd  some 
persons  inty  Scotland  to  soaie  gentlemen  there 
^melo  town,  that  they  might  know  what  the 
9oots  conld4o,  but  they  knew  not  of  a  man  fit 
tip  send ;  and  the  said  iNeUbsep  tnld  this  exjami- 
^mt  tfa«t  h^  recommended  one  Mr.  dwaron 
Uofith  4M  a  fit  man.  And  further  this  exami- 
nant saitfa,  tba^  the  said  Nelthrop  told  Ibis  exa- 
9)ii^Dt  that  the  oejonel  and  others  had  sent  him 
( Aarop  Smith)  w4tb  a  letter  to  sir  John  Cochran 
to  adr iae  him  and  his  friends,  to  come  to  London 
«bont  their  Garsiina  afiairs,  and  that  a  good 
gfWiog  was  bought  ibr  bim,  or  money  given  to 

•Sim  to  buv  one ;  as  also  money  was  given  him 
by  colonel  Ow^en  to  pay  bis  ejqiences  on  the 
md,  and  «Jso<tbit  sonie  monev  was^ivenio  bis 
wiie  Ib^  ber  munlaoanoe,  she  being  m  poverty. 
Upon  this  letlver  iir  John  Cochran  came  to 
Viodon,  siid  9on»  <Hher  Scotch  genliemen, 
vhose  Hemes  tbis  examinant  does  «o|  know,  but 
l»  Ibe  said  IMeltiNPO^  »nd  Mr.  Feigusondid  ac- 
qu»iotthis«(aipinanttbey  were  to  treat  with 
some  of  this  aa^on  what  was  to  be  ddne  for  the 
delivery  of  th^  nations  :  the  said  Fergnson  told 
this  eXiuiunantk  that  tbe  Scotch  gentlemen  did 
fipqu^ntibose  tbey  treated  with,  (not  naming 
•ay  of  their  names)  that  tbeir  paople  were  in 
v^y  grest  poverty,  but  very  willing  to  set 
0iemselves  at  liberty,  but  tbcy  bad  no  arms  nor 
ammunition  nor  money  to  buy  any,  without 
they  could  let  tj^m  bare  money  to  iiimish 
vms  and  ammunition,  tbey  oould  do  nothing. 
During  this  l«st  transaction  of  tbe  Soots  tor 

•money  I  did  not  see  Mr.  Ferguson,  biU  Mr. 
Wes^  who  went  constantly  to  &m  did  tell  me 
their  diseonrse,  as  tbat  sometimes  the  Sooteh 
gentlcmop  weredepartingdisoontented,  and  then 
agaiu  in  thr^e  or  mar  days  tlyat  they  were  like 
to  agree,  and  that  money  should  be  provided  for 
tbem ;  often  be  0ld  me  of  such  changes  as 
tliese  in  tbat  transaction,  and  tbat  Mr.  Ferguson 
did  assure  the  said  West,  tbat  the  .money  wouM 
be  all  paid  in  one  week  ;  I  answered  the  said 
"^^ostYwho  would  have  bad  me  gone  to  Ferguson, 
Ibut  1  would  not  see  him  until  I  was  cer* 
lain  it  was  paid,  for  tbe  said  Ferguson 
vndertook  mndi  and  did  nothing  but  promise 
what  be  could  not  do.  There  was  a  debate 
vhat  dedaratioo  should  be  presently  after  the 
murder  oi' the  king -and  duke,  aud  amongst  other 
tbicgf  a  free  pajliameot  was  one  head  ;  liberty 
«f  cofiscieneo  was  another ;  tbat  those  that  bad 
f^ir  lands  taken  from  them  at  the  king's  re* 
atoratian  should  bave  them  returned:  a  re* 
formation  4af  tbe  expensire  part  of  tlie  Uw : 
llr.  Ferguson  undertook  that  One  should  be 
pady;  Mr.  West  did  further  aoqrjutnt  this  esa* 
p4aaBt,thatmy)acdHovicdbad  faaou  et  hk 


chamber  to  pomp  him  the  said  West  wbet  w# 
were  doing,  and  that  his  lorMip  did  desira  to 
hevee  meeting  with  the  said  Wc^stmultbis  es* 
aminantt  which  neither  tbe  eaid  West  wir  i4m 
examinant  were  willing  to  s  uadthe  mid  WcuC 
did  furtber  acquaint  this  ejmiuinant  that  my 
lord  Howard  did  propose  a  coumiI  of  teu  to 
meet ;  but  wenoTconsenting  to  meet,  tbe  sumI 
West  did  eiviUy  put  off  tbe  proposition,  as  bu- 
tbesaid  West  did  tafwm  this  ^samiumt.  AuA . 
further  this  eKaouDont  eaith,  tbat  discounong 
with  Mr.  West  and  Mr,  Geodenougb,  and  aiWrs 
about  tbe  Seoteb  afiair,  they  did  tell  me,  tbiit 
tbe  last  spring  there  was  a  treaty  with  tbe  enil 
of  Aigyle,  end  that  then  without  money  tbe 
Scots  declared  tbey  oould  not  begin,  but  tliut 
the  earl  of  Shaftesbury  broke  that  iiisifln,  not 
copseuting  topay  tlie  money  :  this  examinBaft 
never  beard  any  thing  of  this  design,  nntii  tbu 
saki  West,  Norton,  end  Goodenougb  didtdl 
bim  thereof.  And  this  examinant  further  saitb, 
that  Mr.  Nelthropaod  Mr.  Wade  did  alwnyv 
oppose  the  murdering  of  the  king  and  tbe  duke, 
and  BO  did  ospt.  Wei*^  but  at  lasttbesaid  Wnl- 
cot  Qopsented.  And  this  examinant  further  ^tfa, 
that  Mr.  Bourn,  and  Mr.  Geedenough'shrotber 
were  at  some  of  tbe  last  meetings  about  tbe  raiB«  ~ 
ing  of  the  men  :  tins  examinant  saitb«  tbat  to 
tbe  best  of  his  naemory  be  bath  here  set  down 
every  tbiogtbat  woe  said  or  transacted  in  the 
debates  when  he  was  there,  but  he  was  absent 
from  some.  *   J.  Bomzcy. 


Colonel    BOMZEY's    further   INFORBtA- 

TION. 

This  examinant  further  saith  that  being  seoi- 
by  the  earl  of  Shaftesbury  about  tbe  beginning 
Oi  November  last  to  Mr.  Sbepards  a  merchant 
near  Lombard-street,  where  was  the  duke  of 
Monmouth,  lord  Russd,  lord  Grey,  sir  Thomas 
Armstrong  and  Mr.  Feiguson ;  tnis  examinant 
toUthem  my  lord  Shaitesbury  had  sent  him  to 
tell  them  it  was  high  time  to  come  to  some  re<> 
solution  about  tbe  rising :  they  made  him  this 
answer  by  Mr.  Ferguson,  (and  afterwards  my 
lord  Grey  said  words  to  the  same  effect)  tbat 
Mr,  John  Trenchard  had  promised  and  assured 
them  at  his  first  conoting  to  town  that  term,  that 
he  could  in  four  hours  time  have  1,000  fioot  and 
2  or  SOO  horse,  but  uow  they  had  sent  to  him 
to  know  the  certainty,  he  had  returned  to  them 
this  fi>lk>wing  answer,  that  men  would  not  bu 
ffot  from  home  on  two  or  three  days  warning', 
but  that  when  such  a  thing  as  a  rtsiagabould  be, 
be  must  know  it  sooner,  tbathemi^t  acquaint 
men  to  make  provision  of  seitlements  (or  their 
families,  so  they  could  not  go  on  at  this  timu 
any  further.  And  for  this  nawon  and  that  thry 
h^rd  sir  William'  Courtney  would  not  stir, 
my  lord  must  be  contenie^.  This  messagu 
I  returned  to  my  lord  :  on  Ibis  my  lord 
resolved  to  leave  England.  Thia  ezsoH* 
nam  ftirther  saith,  that  there  was  a  project  ef 
government  drawn  up  by  Mr.  West  aad  Mr. 
Wade,  which  they  delivered  tn  thia  examinant 
oadhegave  it  to  Mr.  FerguaoOi  phatoM  them 


m]      SFPATE  TRTALS,  35  Cif  ABLES  II.  1 683.—/or  the  Ifye-^  Hmac  PM.       f  JW 

Ad  be  beard  c^rfcftid'  Syiibey  had  c^wn  one.    Colonel  ROH^ZEY'S  LETTER  to  the  EaH 
Alt  he  woaM  (Tompare  them  tocher  and  of  ROCHESTER,  concerning' the  Scotch 

' icduce limn  into  one  hitire  one.  Jndthisex-I  Pedlars, 
auimuit  further'  saith  th«t  Mr.  Ne^hrop  toTd 
fismthst  IDT  lord  c^  Essex,  mj  lord  Russel, 
eoloiid  Sydney,  and  yotin^  Mr.  Hamden,  were 
the  persons  that  did  tresit  with  the;  Scotch  gen- 
tiemen,  and  so  did  Mr.  West,  and  I  think  MV. 
Ferg^nsovi.  Mr.  NeltHrnp  and  Mr.  West,  during 
the  time  I  did  not  see  Mr.  Ferguson,  told  me 
that  now  tiiey  were  resolved  to  oraito  10,000/. 
ftr  the  deots,  and  that  next  wedi:  it  should  all  be 
pud  iff.  That  was  about  a  month  since.  But 
fkey  had  been  with  Mr.  Shepard  the  merchant, 
and  he  told  them  there  was  none  paid.  This 
money  was  to  buy  anus  in  Holland.  Mr. 
Ferguson  told  this  examinant  the  riang'must 
beinSiROihind  before  harvest,  or  else  their  people 
wmild not  begot  together,  andthat  id  four  davs 
after  the  Scots  were  up  we  should  have  the 
fint  iotelfigence,  and  trait  then  we  must  rise  in 
this  town  and  in  Taonton.  My  lord  Howard 
wnsnt  first  one  with  my  lord  Essex  and  the 
lestybot  be  told  captauiiWalootand  Mr.  West 
what  passed  amongist  tham,  for  which  reason 
he  was  left  out  of  the  meetings.  Further  this 
examinant  saitK  that  Mr.  Wade  and  Holloway 
told  him  how  they  hdd  fixed  the  matter  fcr 
Bilstol ;  that  they  were  sure  of  300  men,  and 
diat  th^  would  post  them  in  all  the  cross  streets 
■othat  none  of  me  other  party  should  get  to- 
nther  in  s  body  ot  oAt  of  their  honses.  By 
insmeans  they  should  be  masters  of  the  town 
wttbiMit  spiBinjB^  one  drop  of  blood.  And  this 
examinant  further  saith  that  Goodenough  told 
Wade,  West  and  this  examinant,  that  about 
Si;500  arms  would  be  wanting^  for  the  men  that 
wsnld  rise  here ;  for  without  they  were  arthed 
ttewerte  on  the  firsflo  rise  here,  we  should  be 
fceat;  therefore  West  and  this  examinant  did  aC' 
^oaint  Mr.  Ferguson  from  the  rest  that  did 
meet,  of  the  necessity  of  fasting  so  many  arms. 
BerepBed,  money  should  not  bewantiDfir ;  but 
how  so  many  arms  could  be  bought  winiout  a 
iSBcofeKy?  Mr.  West  did  undertake  that  if 
HMntey  were  given,  ^he  arms  might  he  had  ; 
and  some 'person  of  the  company  did  name  a 
gvn-smitfa  that  was  an  honest  man  that  might 
without  suspicion  have  2  or  SOOarmr,  and  otner 
gnn-amiths  might,  if  inquired  after,  he  found, 
fliat  might  bdge  proportionable  quantities  in 
tfieir  shop  ,  and  the  men  should  be  led  to  these 
ifaopB  anu  armed.  It  was  said  by  Goodenough 
(hat  000  arms  were  together  in  the  artillery 
mnnd  which  miehtbe  easily  seized  on.  Many 
odiBtes  we  had  about  the  Tower ;  some  pro- 
posed the  takings  of  it  by  day  time  by  sending 
■nnemea  in  only  with  pocket  pistols,  and  when 
the  sign  was  fpyea  they  were  to  Ml  on  the 
giBrdi;  but  this  was  left  oflfas  not  am^g  with 
atiKng  by  night ;  and  then  the  other  way  was 
to  dap  S  or  300  fll^otsrto  the  gates  and  set  them 
on  the,  which  W4Kdd  make  those  within  sur- 
Koder  and  that  ships  should  come  and  lye  before 
the  Tower  and  batter  it  at  the  same  time  the 
AgofiiwenrcmfLre. 


<<  My  lord;  When  the  rising  was  ti^  hav« 
been  in  Norember,  Mr.  Ferguson  did  say  that 
he  could  promise  for  300  Scots  in  this  town 
that  would  be  ready  at  a  day  *s  warainar  and  that 
there  was  in  Engtend  1,300  that  might  be  de- 
pended ij^^n  I  thai  8  or  400  did  always  abid* 
hare,  the  rest  were  seattered  throogiiout  Eng^ 
hmd  wi^  packs  on  their  backs  for  the'mainte-* 
nance  of  themselves ;  that  a  great  many  of 
them  were  gentlemen's  sons,  and  a^l  of  thenl  had 
been  at  fiothwei-bridge,  and  betook  them  to 
thia  wa^  to  get  {ancl  carry)  intelligence  as  well 
as  a  linng.  J.  Romzey." 

Another  LfiTTBH  from  Cidonel  ftOMZEY 
to  the  Earl  of  ROCHESTER. 

^  My  lord ;  I  do  not  know  whether  I  faa^e 
already  in  any  of  niT  papers  where  I  mention 
Mr.  Roe,  aoquaintieu  the  king  of  one  passage : 
he  told  me,  (but  I  think  I  have)  that  Gibbons 
the  duke  of  Monmouth's  foot-man  did  tell  him, 
that  nothing  hot  taking  off  the  two  brothera 
TTould  do  the  business,  and  if  he  would  gt>  wi^ 
him,  he  would  shew  him  the  place  to  do  it ;  he 
carried  him'  to  my  lord  of  Bedfhrd'a  garden^ 
where  I  tiiink  he  told  me  is  Ae  momit  to  loot 
into  Coveni- Garden,  and  said  no  place  can' be 
like  this  to  lodge  men  in  to  do  the  feat,  and 
shewed  him  Ae  garden- door  where  they  might 
make  a  saUy  on  the  coach  if  they  mist  wifh 
their  fire.  Mr.  Roe  asked  him,  but  how  wilt 
you  bring' the  men  in?'  He  told  him  my  lord 
was  long  in  the  country,  and  he  was  so  well 
acquainted  with  the  porter  and  servants  that  h« 
could  hare  the  key  at  any  time.  The  said 
Gibbons  toM  sir  Thomas  Armstrong  as  if  Roe 
had  ptDposed  it  to  Gibbons,  and'  sir  Thomat 
came  to  me  in  a  great  passion  and  told  me 
what  I  hare  related,  and  bid  me  speak  to  Roe 
to  warn  him  of  talking;  of  any  such  thing, 
When  I '  did  speak  to  Roe  he  .confessed  the 
thing,  but  that  Gibbons  moved  it  to  him,  for  be 
knew  not  any  thing  of  my  lord  of  Bedlbrd''a 
garden  or  servants. 

This  was  to  be  done  as  the  king  came  from 
the  play.  I  cannot  recollect  whether  I  was 
tvrice  at  Mr.  Shepard^s  with  the  duke  of  Mon- 
mouth, Stc,  or  but  once ;  but  if  I  was  but  once, 
then  I  heard  Mr.  Ferguson  relate  to  my  lord  of 
Shflftsbury  some  part  of  their  ddiates  at  ano- 
ther time,  as  that  they  had  resolved  of  the  19th 
of  November  for  the  rising  and  some  heads  o£ 
a  declaration:  Whether  1  heard  this  debate 
at  Mr,  Shepard^s  or  at  tny  lord  Shaftesbury's 
lodgings  I  cantiot  be  positive  in,  but  Mr* 
Shepara  I  believe  may  veinember. 

J,  ROM^EY.'^ 


The  fadKr  INFI^RMATICW  of  Gotael 

WMTiBY. 

This  examinant  further  saith.  That  Mr.  Fer<- 
guson  i^as  at  this  examinant's  house  for  7  or  9 


3SS]      STATE  TRIALS,  35  Cuaklbs  IL  i6S3.'^I»tr$ductum  to  ike  Tridh      [dM 

nights,  intennittiDgaQigbttwo  or  three,  which 
time  he  told  me  he  went  to  his  wife.  During 
the  time  he  was  at  my  house,  the  duke  of  Mon- 
mouth came  to  see  him,  to  tbe  b^t  of  my  re- 
membrance twice ;  the  first  time  I  was  with 
them,  and  all  the  discourse  thai  passed  was 
about  ray  lord  Shaflsbury's  death,  and  relating 
the  kSkin  of  Holland  and  the  confederates, 
the  duke  not  staying  a  quarter  of  an  hour. 
The  next  time  1  was  not  in  the  room  with 
them.  Sir  Thomas  Armstrong  came  several 
timetfin  a  morning  to  see  him,  sometimes  be- 
fore I  was  stirring ;  the  first  time  1  shewed  him 
the  room  where  he  lay,  and  did  not  go  in  with 
him,  bat  went  to  dress  me,  I  being  in  my  shirt. 


ANDREW  BARBER'S  INFORMATIONS, 

read  in  Council,  June  23,  1683. 

On  l&tarday  morning,  about  the  latter  end 
of  March  last  past,  Mr.  Keeling  came  to  me, 
and  told  me,  that  he  and  some  othet  friends 
of  mine,  would  have  me  come  to  the  Mitre 
tavern  within  Ald^te,  because  they  would 
drink  a  glass  of  wme  with  me ;  and  there  I 
qame  to  ttiem,'and  found  Mr.  Rumbald,  a  one 
eyed  man,  Mr.  Keeling,  Burton,  and  Thomp- 
son, I  sate  down  with  them  and  drank ;  soon 
after  Mr.  Rumbald  fell  into  discourse  concern- 
ing gettmg.  of  arras  to  his  house ;  he  was 
qpeaiong,  1^  thought  it  would  be  a  good  way  to 
tend  them  in  a  barge,  but  he  concluded  it  would 
not  be  safe ;  but  said,  he  thought  that  those 
that  would  be  concerned  should  ride  with  arms 
themselves  betimes  in  the  morning,  or  in  the 
night,  and  so  come  to  his  house,  and  there  they 
should  be  refreshed,  and  their  horses,  till  he 
should  order  them  what  to  do.  Some  I  under- 
stand were  to  continue  on  horseback,  and  they 
that  were  to  kill  the  horses,  coach-man,  and 
postillion,  and  to  shoot  into  the  coach,  were  to 
De  on  foot ;  and.  he  would  order  carts  to  be  set 
cross  the  road  for  to.  hinder  them.  So  then 
Rumbald  asked  if  we  could  shoot  well,  I  told 
him  I  could  not,  I  never  shot  at  a  mark  in  my 
lite;  the  others  said,  let  them  alone  for  that; 
says  Keeling,  he  is  a  good  soldier  and  a  lusty 
man,  what  do  you  think  of  him?  he  made  no 
answer,  so  I  answered  I  was  no  soldier  fit  for 
that  work,  and  said,  that  it  would  be  murder  to 
kill,  and  he  said  it  would  be  a  means  not  to  kill, 
but  to  save  many  thou^nd  mens  lives.  W  hen 
I  had  done,  he  said  he  would  order  some  to  bring 
word  what  coach  by  the  colour  of  Uie  horses,  that 
they  may  not  be  mistaken,  for  this  was  to  be,  as 
I  understood,  in  Rumbald'sown  ground,  for  his 
house  ioins  to  the  road ;  and  he  said  they  must 
come  by  his  home  to  coipe  to  London,  so  he 
■aid,  he  would  engage  his  life  to  do  it,  if  be  had 
but  thirty  men,  but  he  expected  forty  ;  and  for 
hocses  Mr.  Keeling  said,  he  would  get  as  many 
as  he  could,  but  it  was  not  concluded  on,  by 
reason  Rambald  did  expect  to  have  been  more 
at  that  place,  but  Mr.  Keeling  proniised  him 
they  should  be  ready  at  the  next  meeting, 
which  was  to  be  the  next  Wednesday  after, 
I  itmembar,  bnt  then  I  refolved  nerer 


to  come  into  their  company  more^  nor  be 
concerned  with  them,  because  1  did  under- 
stand there  would  be  murder  committed,  nor 
have  been  in  their  company  since,  nor  I 
never  saw  that  Rumbald  before  or  sinoe. 
Likewise  I  rephed,  if  you  should  do  so,  hoir 
will  you  escape?  Rumbald  answered,  he 
would  fight  his  way  throus'h,  and  separate 
themselves  into  by-roads,  and  make  what  wvy 
they  could  for  London,  and  then  they  should 
do  well  enough.  All  this  time  I  never  heard 
that  this  was  intended  against  the  kinff,  for  he 
was  never  mentioned  in  any  respect,  uat  I  did 
understand,  but  I  did  verily  beheve  that  it  Was 
meant  by  his  royal  highness.  So  we  paid  oar 
reckoning,  which  was,  1  think,  0d.  apiece, 
and  they  went  towards  the  Exchange,  but  I 
dircctl;^  home,  and  have  not  been  in  their  com- 
pany since,  nor  no  other  tending  to  such  evil 
worK.  Andrew  Barber.  . 

Moreorer,  Rumbald  said,  that  there  was 
never  above  one  or  two  that  rid  before,  the 
coach ;  and  likewise,  if  they  could  get  to  Casa- 
bridge  heath,  or  thereabouts,  th^  should  har^ 
friends  enough  for  their  help. 


In  the  Gate-house,  June  99,  1683,   Major 
HOLM£S  confessed;  - 

That  in  order  fo  tbe  late  earl  of  Aigyle's 
going  into  Scotland,  and  raising  a  rebeilioa 
tliere,  he  had  proposed  that  30,000/.  sterling 
should  be  sent  to  him  from  hence,  by  some 
great  persons,  with  whom  a  treaty  was  held 
ior  that  purpose  by  Ferguson  ;  but  that  they 
refused  to  advance  so  great  a  sum,  vet  conde- 
scended'to  send  him  10,000/.  which  Holmes 
knoweth  not  whether  tbe  late  earl  hath  ac- 
cepted of  as  sufficient  lor  efiectuatiog  that 
design. . 

tfpon  his  being  asked,  who  were  the  great 
men  by  whose  means  the  money  was  to  be  ad- 
vanced, he  protested  that  he  had  never  con- 
versed with  any  of  them,  but  thai  he  had  heard 
often  the  duke  of  Monmouth,  and  particularly 
jthe  lord  Russel  named ;  and  as  to  the  lord 
Grey,  he  did  not  remember  that  his  lordship 
was  mentioned  unto  him  in  the  malter  of 
money,  but  did  confess  that  he  had  frfM^uentl j 
been  told  of  his  being  engaged  in,  and  a  promo- 
ter of  the  design  in  general. 

lie  confessed,  that  the  letter  marked  Numb. 
2,  is  firom  the  countess  of  Acgyle  to  her  hus- 
band, and  that  he  was  to  have  sent  it  away  by 
the  post  last  Tuesday  into  Holland,  had  he  n  Jt 
been  taken  into  custody.  That  it  was  directed 
for  Peter  Harvie  linen  weaver  (which  is  hot  a 
true  name)  in  Bow.  Church -yard,  and  was  left, 
at  one  Mr.  Brown's  house  a  cider-seUer  there, 
where  Holmes  usually  received  her  letters 
under  that  borrowed  name,  but  saith  that  he 
cannot  decy  pher  this,  nor  any  of  her  letters. 

As  to  the  long  letter  marked  Numb.  3,  he 
protests  he  cannot  decipher  it,  nor  can  positiyelj 
say  for  whom  it  was  to  hare  been  directed,  yet 
thuUtfitWMto  baye  beca earned  by  Caatarrea 


585]      STATE  TRIALS,  35  Chables  II.  l6S3.-^orike  Rye-B6u$€  PM.       [386 


to  Fergmaoy  and  by  him  to  the  chief  men 
coBoenied  in  the  design. 

Upon  iiMoiring  what  is  become  of  the  parcel 
of  books,  i»  hich  are  the  piinted  Case  of  the  earl 
of  Argyle^aad  in  what  method  they  were  brought 
o?er  from  Holland,  he  ooofewed  that  they 
bad  been  shipped  on  board  of  a  vessel,  called 
(to  the  best  of  his  memory)  the  Success  of 
Colchester,  bound  for  London,  and  that  Spence 
VIS  afterwards  to  come  in  the  passage  bout  de- 
signed to  have  come  to  Gravesenil,  but  that 
ms  wind  having  been  very  cross,  he  carae  on 
Aote  at,!  or  somewhat  near  Harwich,  irora 
whence  be  came  by  land  to  Ldndon. 

Upon  asking  what  was  meant  by  the  figures 
80  uid  81,  in  the  letters-  marked  Numb.  5,  he 
Slid  he  did  not  well  remember,  but  when  I  tcid 
him  that  I  knew  by  the  cypher,  money  was 
meaut  by  50,  and  officers  by  51,  he  confessed 
that'  it  was  so ;  whereupon  1  did  observe  to 
iiim,  that  as  the  late  earl  was  to  have  had 
money,  so  he  was  to  have  been  furnished  with 
officers  for  the  carrying  oji  ihe  rebellion  in 
Scotland,  which  also  be  confessed,  but  said 
withal,  that  this  letter  was  intended  for  his 
hdy,  which  he  knew  by  a  mark  on  ^he  back, 
and  showed  it  to  me. 


The  EXAMIN/iTION  of  ROBERT  BLA- 

NEY  of  the  Middle  Temple,  esq.  29th 
June,  1683: 

This  ezaminaut  deposeth  and  saith,  that  this 
deponent  was  inviteo  about  Christmas  last,  .on 
Wednesday  ^e  37th  day  of  December  last, 
(as  near  as  he  can  remember)  by  John  How, 
Ble  sword-bearer  of  the  city  of  Bristol,  to  dine 
witii  colonel  John  Rumzey,  at  his  bouse  in 
Sobo  Souare,  where  were  present  the  said 
colonel  Komzey,  Robert  West,  Richard  Good- 
enoogfa,  Joseph  Tyler  of  Lincolns-Inn,  esq. 
Christopher  Baltiscomb,  gent,  and  the  snid 
John  Row,  and  this  examinant ;  wliere  being 
logether  idler  diVincr,  and  much  wine  and 
other  strong  drink  drank  in  the  said  company, 
a  discourse  was  began,  but  by  \vhom  this  esa- 
mtnant  cannot  remember,  about  the  times  being 
fery  had  and  dangerous  for  sober  men,  and 
what  remedies  were  fit  to  redress  grievance, 
and  lid  ourselves  of  arbitrary  power,  or  to  that 
effect ;  and  it  was  thrre  Idcewise  discoursteci 
and  said,  but  by  whom  in  particular,  this  exa- 
minant cannot  exactly  remember,  it  beingf  so 
loog  siiice,  that  we  shonld  never  he  welt  till 
we  were  rid  of  two  people,  by  whom  as  this  ex- 
aminant did  apprehend,  were  meant  his  ma- 
jcflly  and  Ms  royal  highness  the  duke  of  York, 
^od  it  fvas  likewise  said,  that  if  the  great 
people  did  but  agr^to  join  and  rise,  or  words 
to  that  effect,  it  might  be  done,  for  the  coun- 
tries were  all  willing  and  ready  ;  then  as  this 
examinant  dsoth  remember  by  some  one,  it  was 
in  die  said  company  proposed,  and  as  he  verily 
believes  by  the  said  Mr.  West,  that  either  a 
deed  of  bargain  and  sale,  or  lease  and  release, 
fone  of  them  it  was)  should  be  executed  to  bar 
ioih  him  in  pos^cssioD,  and  bin)  in  remainder ; 

vou  IX. 


by  which  as  this  examinant  did  then  apprehend « 
was  tneant  the  taking  off  his  majesty,  and  hio 
royal  highness,  and  so  he  believes  the  rest  of 
the  saidf  company  did  also.     And  a  glass  of ' 
wine  did  pass  round  the  said  table,  as  a. health 
to  the  executing  of  the  said-  bai'gain  and  sale^ 
orlease  and  rele^e,  (which  he  cannot  tell,  but  ^ 
one  of  ti.em  it  >as.)     And    this  examinant  * 
farther  Faith,  that  he  nevier  was  presf'ut  at  any 
other  consultation  willi  the  before- nama(  per-  ' 
sons,  or  any  otli.rs  alK)ut  the  death  oi  the  king, 
or  his  royal  high  .ess,  or  the  r-'isiiig  of  any  re- 
bellion, that  this  examinant  can  remember ; 
except  that  being  ?e<y  treqiicntlv  as  a  (amiliar 
acquau'.tance  with  the  said  Mr  VVc\%i,  he  hath 
often  asked  him,  and  the  said  colonel  Rumzey, 
whether  the  great  men  would  do  any  thing, 
and*  whether  any  business  would    be  done; 
or  he  used  words  to  that  effect,  but  they  did 
constantly,  as  this  examinant  remembers,  ^- 
swer  him  no,  that  nothmg  wotild  be  done  ; 
and  the  said  colonel  Rumzey  seemed  (as  this 
examinant  did  apprehend)  to  be  very  shy  of 
him  this  examinant ';  and  much  like  discourse 
this  cJxaminant  hath  had  with  the  said  Good- 
enoughS)  but  never  was,  as  he  remembers,  ac^ 
quainted  with  the  prosecution  or  particulars  of 
such  a  design  in  the  least.     And  one  Nathaniel 
Wade  also,  this  examinant  hath  had  some  snch 
discourse  with,  about  freeing  ourselves  from' 
arbitrary    power   and   popery,  by    a  general 
rising,  hut  any  particular  ways  and  methods 
fur  nie  same,   or  otherwise,  tbis  examinam 
never  knew  of,  or  Was  privy  to.     And  fiirther 
at  present  thip  deponent  cannot  recollect. 

29  Jun.  1683.  Robert  Blanbt. 

Jurat.  Coram  me,  L.  jENKms. 


The  fnrthcr  EXAMINATION  of  ROBERT 
BLANEY,  July  1,  1683. 

Wlio  saith,  that  he  saw  Ferguson  since  th« 
eavl  of  Shaftsbury's  death,  in  the  house  of  Ontf 
Bourne  a  brew  cr,  living  in  Quecn-street,  over 
against  the  lord  keeper's ;  that  it  was  about  a 
■quarter  of  a  year  since  ;  that  Ferguson  was  iti 
a  night-gown,  and  therefore  he  believes  he 
lay  in  that  house  ;  that  the  discourse  tliey  ^ad 
was  about  the  earl  of  ShafUbury  and  his  death. 

This  examinant  saith,  that  about  three  weeks 
after  the  earl  of  Shaftsbury  had  concealed  him- 
self, he  saw  him  at  a  merchant's  house,  whose 
name  he  remembers  not,  but  the  house  is  in 
Wood-street,  near  St.  Albans  Church  ;  the 
comer  house,  having  a  little  yanl  before  if, 
next  dour  to  a  house  that  was  one  Mr.  Bid-> 
dolfs. 

He  saith,  he  knows  nothing  of  the  manner 
of  the    earl  of  Shaftesbury's  escape  nor  of' 
Fergusons,  nor  knows  no  other  places  but  tho 
above-mentioned,  where  either  or  them  were  at 
any  time  concealed. 

He  remembers  that  he  was  twice- or  thrice 
at  the  sign  of  the  Sugar-loaf,  near  the  Devil 
tavern  u  ith  Ferguson,  and  once  wif  h  another 
person*  who  he  Uiinks  was  young  Shute.  about 
the  time  the  earl  of  Shaitsbuty  absented  him* 


987]      S7ATE  TRIALS^  35  Chablxs  1L  1683.«» AlrMbic/Jim  to  the  Triab      [SSS 

self;  but  that  FetffasoQ  Was  not  thm  dis- 
guu»ed,  but  in  the  \\3bit  he  used  commonly  to 
wear,  M'bich  was  afusaet  colour  oaaaf^ne  coot, 
and  a  brown  short  periwig. 

THOMAS  LEE,  Djer  of  Old-street,  his  CON- 
FESSION, Ist  and  2nd  July,  1685. 

I  leafing  been  often  in  the  company  of  Mr. 
John  AtlK^ton,  he  told  me,  about  May  last, 
that  Mr.  Geodenouffh.  must  speak  wim  me, 
and  Mr.  William  Thomas.  We  went  to  the 
SlalutatioD  taYera  in  Lombard-street,  Mr.  Good- 
enough  came  to  tell  us  and  then  drew  out 
some  papers,  (but  1  saw  not  what  was  in  them) 
^nd  there  tola  us  that  our  rights  and  privi- 
ledm  were  invaded,  and  that  some  gentlemen 
haa  taken  into  oonsideration  how  to  reftrieve 
them,  or  words  to  that  effect ;  and  did  then  ask 
us  whether  we  were  willins^  to  assist,  and  then 
told  us  tliat  the  city  and  suburbs  were  divided 
kto  90  parts,  and  did  detire  us  to  see  %i  bal 
mes  we  coold  get,  and  told  us,  ihat  we  dmisI 
discourse  with  them  about  a  foreign  invasion 
at  finrt,  and  if  that  took,  thm  we  might  know 
o£  them,  whether  they  wmihl  be  wiUing  to 
assist  in  their,  own  perMns,  or  by  money  ? 
fibme  time  after  we  met*  Mr.  Goodenoogh  at 
the  iUnsteqlam  coffee-house  in  Bartholomew- 
lane  ;  I  tM  him  that  1  had  acquainted  Mr. 
Chaiies  Bateman  and  he  desired  to  speak  with 
Mr.  Goodenough.  That  Mr.  Bat«man  told 
me  I  must  have  a  cave,  and  speak  aft  a  pfreat 
distance,  that  be  was  wiDing  to  assist,  if  he 
could  see  but  a  cloud  as  big  as  a  man*s  hand, 

and  after  I  called  on  Mr.  Batsman,  and  went 

with  him  to  a  sea-captain's,  and  from  tlience 

to  the  dldce  of  Momnouth's  house  in  Soho- 

square.    As  we  went,  Mr.  Bateman  told  me 

that  the  dnke  had  told  biro,  that  he  was  glad 

that  ever  be  came  acquainted  with  those  Pro- 

lealaDt  lords  ;  and  did  assure  me  that  the  duke 

was  very  vight  for  the .  Protestant  ^  interest  and 

thai  we  need  not  mistrust  him,  and  then  we 

catted  to  see  Mr.  Goodenough,  but  were  too 

late.    The  same  afternoon  I  weat  to  see  for 

Mr.  Goodenough  and  found  liimat  the  Dolphin 

tavern  in  Barmok>mew-lane,  and  I  appomted 

him  to  oome  to  the  King's-head  in  Switb«[is- 

alley  in  GomhiQ  $  where  ne  came  and  told  me, 

that  tbey  were   making  ready,  and  asked 

ne  what  I  had  done  in  that  matter  P  I  told 

lum,  not  much,  because  I  doubted  they  were 

not  prefMOPed  wkh  money  and  arms,  be  tM  me 

that  they  bad  both.    I  asked  him  what  store 

of  BMmey  they  had  ?   be  told  me,  80,000/. 

and  then  we  went  into  company,  and  talked  na 
"  more  about  that  afiair.    Some  days  after  I  met 

with  him  again,  and  he  toM  me,  that  be  had 

aeon   Mr.  Bateman,  and  that  he  hoped  he 

would  be  very  serviceable,  and  adied  me  what 

that  Southwark  man  was  ?  I  told  him  he  was 

very  honest  and  willing,  and  that  I  had  spoken 

with  him,  and  he  desired  that  he  midbt  speak 

witi)  him.    I  called  him,  and  they  mscnursed 

(sgether  alone,  and  after  that  he  asked  me, 

w£o  thatandeat  gentleman  was,  itoUhim, 


that  he  yjnS^  an  old  soldier  and  that 
was  Franks ;'  he  desired  me  to  call  him,  and  I 
did,  apd  discoursed  the  nuitter,  and  he  not  hear- 
ing of  i|  before,  was  a  litde  snqprizcd ;  b^ft 
said,  that  he  waawilhn^  to  fight  for  privilege, 
which  he  thought  was  invaded,  but  not  for  re* 
ligion.    The  next  day  I  went  to  meet  Mr. 
CkKkdenouffh  at  Richard's  coffee-hoase  at  Tem- 
ple-bar ;  mere  I  met  with  Mr.  Hone,  and  he 
nad  me  over  to  the  King's«head  tavern,  and 
there  told  me,  it  had  been  our  jpfreat  mis^el^ 
that  there  had  not  been  an  understandiBg  be* 
twixt  the  cavaliers  and  us ;  that  there  wete  m 
great  many  brave  men  about  the  Temple,  and' 
tbat  the  job  had  been  done  upon  the  Blaokbird 
and  Goldfinch  some  time  before,  if  it  had  not 
been  for  an  accident  that  happened  at  New^ 
market     Soon  after   came  m  Mr.  Francis 
Goo<lenough,  and  Mr.  Hone  told  md  that  I 
might  be  tree  with  him.    We  discouised  about 
the   mattQr,    he  said  they  were  makittg  all 
things  in  a  readiness  against  their  coHiing  firom 
Windsor,  and  that  he  thought  they  mast  gee 
300  horse  to  seize  them  coming  from  Wind- 
sor-   Some  time  after  I  met  with  Mr.  Riebant 
Goodenough,  and  asked  him  what  rsadiaea* 
tbinfifs  were  in,  he  told  me  that  in  a  few  day% 
he  thought  he  should  have  an  account  bovr 
many  men  they  could  raise..    I  told  iHra  that  I 
had  spoken  with  Mr.  Rous,  and  that  he  coi^d 
help  them  to  arms  for  100  men ;  and  that  a 
way  was  proposed  how  to  raise  1,000  seamen, 
if  they  woulo  be  at  the  charge  of  a  golden 
boll  to  be  played  upon  Blackbeath.  He  asked 
me  what  the  ball  would  cost  ?  I  told  him,  X 
was  biformed,  about  19^     He  said,  if  it  wera 
40,  they  would  be  at  the  charge  of  it.    Then 
he  de!«u^  to  speak  with  Blr.  Rous,  and  ap- 
pointed to  meet  him  at  the  Kmg's  -head  tavern 
m  Swithing's -alley,  and  they  met  and  went 
into  a  room  apart,  and  afterwards  we. went  ta 
Joseph's  coffee-house  in  Exchange-alley,  and 
Mr.  Rous  told  me,  tbat  he  would  see  and  get 
10  sea-captains  to  manage  that  affair.    Tha- 
next  day  I  met  with  Mr.  Rous  at  Ae  Amster- 
dam ooffee-honse,  there  he  ennoke  witii  twa 
captains,  as  he  told  me,  and  nrom  tbeace  he 
went  with  them  to  the  Angel  and  Crown  iavem 
in  Tbreadneedle-street,  but  I  did  not  go  witk 
them.     I  saw  him  afterwards  at  the  Ring's- 
head,  and  he   told  me,  be  most  have  Mr. 
Goodenooflrh  go  with  him  to  Wapping,  1  ac- 
quainted Mr.  Goodenouffh  with  it,  and  he  iM 
me,  that  that  business  of  the  Tower  was  left  to 
some  m^n,  that  understood  those  a^rs  better 
than  himself,  and  that  they  must  be  in  a  rea- 
diness to  do  all  together ;  I  asked  him  what 
that  was,   he  toki  me  they  must  seize  the 
Tower,  and  take  the  city,  and  secure  the  Savoy 
and  W  hitehall,  and  the  king  and  the  dnke. 
Sometime   after   I  met  Mr.  Francis  G<iod- 
eoough  in  Westminster-hall,  he  had  me  be- 
hind KidaJs  coffee  house,  and  told  me,  tbat  the 
counhry-jrentry  were  ready,  and  said,  he  de- 
sired it  might  nof  be  delayed  long.    The  next 
time  I  saw  Mr.  Richard  Goodenough,  vms  at 
the  King's-head.    I  called  at  Mr,  Jlenkca,  ant 


'Kit*  n» 


3«J 

vBdeMood  dial  be  had  tanost  diMid,  tnd  I 
htk  wQvd  tbftt  I  wu  gMie  thither,  uid  he 
cameto  me,  and  I  told  him  X  had -spoke  witb 
9ae  m  Old-alreet,  and  that  he  was  wiUiogto 
tssist  with  money,  and  another  in  White-cross- 
ttwt,  that  tfdd  me,  that  he  wookl  assist  him- 
mI^  aiulhad  arms  for  .ten  men,  and  Mr.  €k)od- 
cttough  told  me,  that  they  wsre  ahont  smmningf 
ap  their  men,  and  that  they  should  be  ready 
in  a  fortnight  OT  less. 


The  EXAMINATION  of HICKS,  living 

IB  Friday-stiieet,  London,  taken  before  his 
Majesty,  July  3,  1683. 

Who  saith,  ithat  he  did  hear  from  Wade  (as 
he  thinketb)  that  |be  city  was  to  be  dinded 
into  parts,  and  thai  Wade  UAd  him,  there  would 
he  a  risiae  of  the  papists  to  cut  idl  their  throats, 
to  which  DC  had  answered,  that  he  did  not  be* 
here  it ;  but  that  the  law  of  nature  taught 
htm  to  stand  upon  his  own  defiance.  And  mat 
he  the  emminant  further  adding^  that  this 
impnted  eril  »nd  that  he  would  not  consent  to 
it,  Wade  then  replied,  he  the  ezaminant  must 
perish  then  by  himself. 


The  EXAMINATION  of  ROBERT  WEST, 
of  the  Middle-Temple,  Ban*ister  at  law, 
taken  June  <S,  1^83. 

This  esaminant  saith*^  he  haring  a  general 
ae^natntaace  whh  those  of  the  city  of  London, 
tb«l  are  oomnionly  called  Whigs  y  observed 
about  Michaeknaa  last  a  general  discontent 
smongtothem,  bv  reason  (as  he  apprehends) 
«f  the  electiMis  ttiat  had  gone  beftoreof  the 
aiayor  and  sheriffs,  and  of  their  apprehensions 
if  the  loss  of  their  charter ;  whereon  this  ex- 
imioant  fe^^ruigthsit  their  hearts  might  trans- 
port them  to  commit  some  extravagancies,  and 
to  prevent  his  own  family's  being  ruined  by 
tbem,  was  very  inquisitive  to  kirow  whether 
sny  insuireedon  murht  be  designed.  And  this 
ODumnaDt  after  aeme  time,  was  informed  by 
tome  peraona,  who  at  present  be  cannot  re- 
member, that  an  insurrection  was  intended  in 
November  het  in  the  city  of  London,  but  the 
particukupa  of  it  this  ezaminant  was  never  ac- 
qesinted  with ;  and  he  heard  soon  after  that 
the  design  was  wholly  laid  aside.  And  this 
aaminaat  ftirther  saith,  that  about  the  time 
his  mi^esty  eame  from  Newmarket,  in  or 
aboQt  Ocrteber  last,  be  beard  that  there^was  a 
deogn  to  seize  the  king  and  the  dUke  of  York ; 
but  this  examinant  does  not  know  the  place 
where,  nor  the  persona  who  were  to  act 
therein.  And  tins  examinant  forther  saith, 
that  abom  the  latter  end  of  October,  or  the  be- 
pMing  of  November  last,  this  esaminant  n^t 
vift  Mr.  Robert  Ferguson,  whom  he  bad  been 
iDUg  acquainted  with,  and  the  said  Mrl  Fer- 
gfosoQ  gave  this  ekaminant  an  account  of  the 
great  miseries  ^e  people  of  Scotland  lay 
voder,  and  did  believe  tlie  people  of  England 
woidd  suffer  the  tik^,  and  popery  overrun  the 
ettioDy  unieai  the  people  tbemseives  ^ndea- 

3 


.  16S3«^.^  On  Ryt^Hmm  PI0L     f  d<}0 

voured  to  pMvunt  it  And  told  this  examinant, 
that  two  ways  had  been  thought  on  (but 
named  not  by  whom)  one  by  a  general  insnbr- 
reotion  in  seveml  parts  of  ^m  kingdom,  and  the 
odier  a  more  oomptndkws' and  safe  way  of 
takinj^  away  the  king  and  duke  by  aome  sur- 
prise m  some  jouniejir.  To  whidi  this  exa- 
miaaUt  answered  to  this  effect^  to  wit,  that  he 
Ipoked  upon  the  first  method  to  be  impracti-* 
oable  and  ftiU  of  hazard,  the  militia,  navy, 
forts>  and  ammunitioD  being  in  the  hands  of 
the  government,  and  the  people  aa  it  were 
naked;  and  such  an  attempt  might  intatl  k 
bug  ond  bloody  war  u(Mn  the  nation,  and 
must  end  in  the  dcstruotion  of  the  king  and 
duke,  or  else  it  would  be  vain.  And  therefore 
the  second  method  of  taking  them  off  by  sur^ 
ptise  was  most  rational,  if  ttoe  were  a  neces* 
sit^  of  doing  the  one  thing  or  Ae  other.  And 
this  examinant  ftirther  saith  that  after  this 
discourse,  the  said  Mr.  Ferguaon  went  iuie 
Holland,  and  after  his  return  ftmn  thence,  had 
several  discourses  with  this  examinant  to  the 
same  effect,  concerainff  the  deabvyinff  |ha 
king  and  the  duke ;  and  that  there  womd  b^ 
an  opportunity  shortly  of  doing  it,  either  upon 
the  long  and  duke's  going  to^  or  coming  from 
Newmarket. 

This  eocaiyiinaBt  fttrtker  saith,  ^t  soon  after 
the  sakl  Mr.  Ferguson,  Mr.  Ridiard  Goedr 
enough,  Mr.  Richard  Rumbal,  this  examinanL 
and  sometime  colonel  Rumtey  (so  catted)  and 
capt.  Walcott  met,  sometimes  at  thia  dnmi- 
naut's  chamber,  and  sc^melimes  at  other  piaCei 
where  they  need  to  debate  nnd  consider  of  the 
method  of  pilttiDg  the  design  of  killing  the  kinf 
and  the  duke  id  execution. 

And  this  examinant  further  saith,  ^at  nouA 
of  theperaons  above  mentioned,  save^  Richard 
Rumbal  only,  was  to  act  in  person,  in  the 
said  attempt,  but  the  said  Robert  Ferguson, 
Richard  Rumbal,  and  Richard  Ooodenoughy 
undertook  to  provide  the  persons  to  make  uie 
said  attempt ;  which  persons  were  to  be  40  a^ 
least,  and  .50  if  they  could  procure  them. 

This  examinant  farther  saitbf,  dkat  thekia 
was  also  a  further  debate  what  sort  of  arraa 
should  be  made  use  of  in  the  attempt :  and  «t 
was  agreed  there  should  be  bhinderbusse!^ 
muskets  or  daiiiines,  and  pistols  ;  but  how  the 
said  arms  should  be  cairied  down,  whether 
before-hand,  or  by  the  persons  on  horseback, 
this  easamiaant  does  not  remember  they  cam* 
to  any  resolution. 

TfaiB  examinant  further  saith,  That  it  jnM 
resolved  that  some  of  the  oeraona  who  were  to 
make  the  attempt  should  lull  one  er  more  of 
the  horses  in  the  king's  coach,  and  then  one 
party  ehould  set  updn  the  coach  and  shoot  into 
it,  and  another  party  £^ht  the  guards ;  and  if 
there  should  be  oocasion,  a  cart  should  be 
overturned  in  the  road  on  purpose  to  6top  the 
coach. 

And  thie  esaminant  further  saith,  That  afteir 
the  said  resolution  above-taken,  this  examinant 
was  much  troubled  in  bis  mind)  and  endea- 
voured to  represent  aeveral  difficulties  and 


d91]     STATE  TRIALS,  35  Chauss  It.  iG^.-^Iniroductum  to  the  TrwU      [592 


JiiAE^rds  in  ^he  thing,  and  the  ill  oonaequeuon 
^hereof  whether  it  buecet^ed  or  not,  with  an 
inteiiti'>D  to  liave  diverted  the  thing. 

And  this  exaoaiuant  farther  aaith,  That  after 
jLbe  tire  at  New  biarket,  and  befure  the  king's 
return  irom  ilienue  sooner  than  was  expected, 
this  ex:imin:uit  and  the  other  persons'  above- 
xnentioued  met  at  this  examinant's  chamber, 
where,  because  they  had  no  certain  intelligence 
how  ioiig  the  king  would  stay  tliere  before  his 
retq:  :i  to  London,  it  was  agreed,  to  the  best  of 
this  cxauiioant's  remembrance,  that  the  at- 
ttmpt  should  be  then  wholly  laid  aside. 

And  this  exam ina  t  further  saith,  That  some 
sbprt  liine  after  tlie  king's  return  from  New- 
market, there  being  a  discourse  at  a  tavci;fi  in 
.the  city  between  this  exaqunant  and  the  said 
Jlumb^il,  and  one  John  Keeling,  concern- 
ing the  disappointment  of  tl^eir  said  attempt,  in 
mt  having  the  arms  ready ;  and  the  said  ICeel- 
ing  openly  mentioning  blunderbusses,  mus- 
kets^ and  pistols,  this  examinant  advised^him 
to  .call  the  said  anns  by  the  names  of  swhn- 

r'ils,  goose  quills,  and  crow-quills,  that  the 
wei'ii  might  not  take  notice. 
And  this  examinant  further  saith,  That  at 
^e  saiQe  tavern,  the  said  Richard  Uumball 
told  this  examinant,  and  the  said  Keeling,  that 
thf  king  cante  by  his  house  with  a  slender 
guard  ef  six  horse,  much  tired,  and  that  six 
men  well  provided  might  have  made  the  at- 
tempt and  sncceeded  in  it. 
.  And  this  examinant  further  saith.  That  some 
fhort  time  after,  it  wastagreet)  by  this  exami- 
nant, the  said  Ferguson,  Kamball,  and  Good- 
enough,  that  some  arms  should  be  bought  to 
he  in  readiness  tor  any  occasion :  and  because 
this  exanuoant  was  no  otherwise  capable  to 
serve  in  any  such  design,  it  was  proposed -to 
Aim,  and  he  undertook  to  buy  some  arms ;  and 
accordingly  this  examinant  bes||ake  of  one 
.Daft,  a  gunsmitbi  ,in  8heer-lacf^/30  case  of 
pistols,'  SO  caiiines  with  belts  and  swivels,  and 
.10  biunderbasses,  besides  bullets  and  flints,  on 
pretence  of  sending  the  same  into  America, 
but  the  same  were  not  entered  at  the  custom- 
house till  Tuesday  last,  although  this  exa- 
minant did  design  to  hav^  done  *  so  six  weeks 
bcibre. 

And thisexaminant  ftiithar  saith.  That  be- 
ing at  a  tavern  about  three  weeks  or  a  month 
innce  with  Nathaniel  Wade,  Richard  Nelthrop, 
imdpthers,  where  the  said  Mr.  Nelthropwas 
reading  a  Gazette,  wherein  there  were  rda- 
liona  of  tuniuHs  in  Cologne,  abetted  by  one 
Gulick,  the  said  Keeling  came  into  the  room 
to  speak  with  one  of  the  oompanv ;  and  Mr. 
Nelt^rop,  ifk  a  i^ns;  manner,,  called  the  said 
Kefiliug,  Galick  ;  wbereopon  the  said  Keeling 
■aid  (o  this  examinant,  What  think  you  lor 
4U  your  jesting,  ii  |  and  some  few  more  of  my 
iVi^qds  sav^  the  city  chvter  and  the  nation  ? 
or  words  to  thjtf  effect.  To  whom  thi3  exa- 
minant replied,  he  would  do  very  well  to  do 
so ;  but  then  a&ked  him  the  manner  how  he 
would  do  it.?»  To  wl^icb  he  answered.  That  no 
Mf  ^vH  kiM»w  it  till  the^  had  don^ ;  but 


hoped  he  should  not  he  hanged  for  it :  Upon 
which  words  this  examinant  suspecting  the  said 
Keehng  meant  some  extravagant  thing,  bid 
him  ta^e  care  not  to  do  any  foolish  thing  ami 
ruin  the  Protestants. 

And  this  extoinant  further  saith-.  That  aboat 
Easter  last  some  discourses  were  had  concern- 
ing the  making  some  atteniipt  upon  the  kin^ 
and  duke,  between  Windsor  and  Hamptmi- 
court,  but  no  resolution  therein  was  ever  taken 
to  this  ^examiaant*s  knowledge  or  remem- 
brance. 

This  examinant  further  saith,  That  there 
was. some  considerations  lately  had  how  to 
make  an  estimate  of  the  strength  of  the  Pro* 
testant  party,  in  case  they  shouhl  be  put  upon 
their  own  defence;  when  it  was  a^^reed  tnat 
the  city  and  suburbs  should  be  divided  into 
20  parts,,  and  that  some  person  if  ell  acquainted 
in  each  division,  should  enquire  into  anci  make 
a  return  of  the  number  he  sliould  find;  which 
returns  are  not  yet  made  to  the  examinant *a 
knowledge :  and  more  this  examinant  for  the 
present  saith  not.  Robert  West, 

23  'die  Junii,  1683. 
Capt.  et  Rectfgnit,  Coram  me, 

L.  Jenkins. 


The  further  EXAMINATION  of  ROBERT 
WEST,  Barrister  at  Law  of  the  Middle 
Temple,  June  34>   1683. 

This  examinant  saith,  That  he  was  informed 
of  the  insurrection  in  his  former  exaaiinatioQ 
mentioned  to  have  been  designed  in  November 
last  by  Thomas  Walcot,  who  told  this  exa- 
minaot  that  the  same  was  projected  by  the  late 
earl  ul  Bhaftesbury,  and  was  to  have  been  put 
in  execution  the  lOtli  of  November  last,  but 
that  he  fookctl  upon  it  as  a  mad  thing,  which 
he  had  no  thougfnts  to  engage  in ;  and  al^- 
wards  told  this  examinant  Uiat  it  was  wholly 
laid  aside. 

And  this  examinant  further  saith.  That  to 
the  best  of  his  remembrance  Francis  8hute» 
lately  deceased,  was  the  person  who  acquainted 
this  examinant  that  an  assassination  of  the  ki]i|^ 
and  duke  in  their  return  from  Newmarket  in 
or  about  October  last  had  been  intended,  and 
that  he  heard  tbe  same  from  Mr.  Fergut^on  ; 
and  this  examinant  asking  Mr.  Ferguson  about 
it,  the  said  Ferguson  told  this'  examinant,  that 
it  had  not  been  thought  of  time  enough,,  and 
therefore  could  not  be  done,  or  words  to  that 
effect. 

And  this  examinant  further  saith.  That  he 
discoursing  with  the  said  Ferguson  concerning 
the  late  intended  attempt  upon  tbe  Idng  and 
duke  in  their  return  from  mw market,  asked 
the  said  Ferguson  what  care  was  taken  to  jus- 
tify the  ^me,  if  in  case  it  took  effect,  for  that 
the  other  party  mi^t  in  revenge  shed  a  great 
deal  of  blood,  and  immediately  proclaim  tbe 
princess  of  Onlnge,  \ihich  would  overthrow 
the  whole  design.  To  which  he  answered  nie 
that  care  would  be  taken  about  it,  and  that  tlio 
lord  mnjror  wd  sheriffs  apd  m<Mt  of  (h^  (Km^ 


This  ezaminant  itnrther  saith,  Tbtt  Robert 
Fergason  in  bis  two  former  examinations 
named,  told  and  sent  this  examinant  word  by  a 
note,  that  if  this  examinant  would  send  to 
major  John  Wildman  (commonly  so  called)  he 
would  pay  100/.  for  the  arms  iu  this  exami- 
nant's  farther  examinations  mentioned  to  be 
bouffht  by  this  examinant ;  and  this  examinant 
not  beings  willing  to  speak  with  the  said  Wild- 
man  himself,  sent  Ricnard  Rumbald  to  receive 
the  money ;  but  the  said  Wildman  was  eone 
out  of  town  before  the  said  Rumbald  did  cul  at 
his  house.  And  this  examinant  further  saith, 
that  upon  some  discourse  at  one  of  the  meet- 
ings in  bis  former  examinations  mentioned,  it 
was  proposed,  whether  some  of  the  diief  mi- 
niaters  of  state,  jM^rticularli^  the  Lord  Keeper, 
the  lord  marquis  of  Halifax,  and  the  earl  43if 
Ro<^he8ter  that  now  is,  should  be  killed,''and  it 
was  agreed  that  it  was  rery  necessary  they 
should  be  killed;  but  no  particular  persons 
were  appobted  to  do  it,  as  this  examinant  re- 
members, it  being  thought  almost  impossible 
for  any  of  the  said  ministers  to  escape.  '  And 
further,  this  examinant  saith  not. 

85  Junii,  1683.  Robert  West. 

Cap.  et  recognit.  Coram  me, 

^  Fr.  North,  C.  S. 


393]       STATE  TRIALS,  35  Charlei  II.  l6S3.-/<ir  the  Rye-Bouse  PhL       [394 

^^J^^^J^^ul^'L^^    Thefurther  EXAMINATION  of  ROBERT 
enmmain  oeared  to  know  what  persons  were  iwcrri   ^i       i.  ¥     j  ir  ^i. 

to  be  concerned,  be  bad  this  exSiminant  ask^  ^^^7'  ^J^  "^  ^'^  Keeper.the 

no  quettk^,  for  things  would  be  managed  *^"*  •'"°®»  ^^^' 

weD,  as  he  said ;  and  that  if  London  was  se- 

enred,  ail  England  would  ftll  in. 

And  this  examinnat  further  saith.  That  when 
dns  examinant  asked  the  said  Ferguson  whe- 
ther any  declaration  was  preparpd  to- be  pub- 
lished uDon  such  occasion  ?  he  told  this  exa- 
aiuutt  tnat  it  had  been  considered  of  and  was 
ready,  and  would  be  printed  ready  to  be  dis- 
persed :  but  when  this  examinant  asked  him 
how  it  ahould  be  done,  he  answered  it  was  a&- 
ftuedty  so,  but  this  examinant  must  ask  no 
yiesliww. 

And  this  examinant  iurther  saith.  That  be- 
Ibre  this  examinant  bespake  the  arms  men- 
lioiied  in  his  former  examinations,  the  said 
Ferguson  told  this  examinant  that  he  wonM 

r'  e  this  examinant  money  to  pay  for  them,  for 
had  500/.  or  600/.  at  command,  but  he  paid 
not  the  money  to  this  examinaht  till  about  three 
weeks  or  a  month  since,  and  then  paid  it 
to  this  examinant  in  ninety-three  guineas, 
bat  would  not  teU  this  examinant  of  whom 
he  had  the  said  money.  And  this  exami- 
nant further  saith.  That  the  said  Ferguson 
told  this  examinant  that  the  Scots  intenckd  to 
■take  some  insurrection  in  Scotland  this  sum- 
mer, but  were  not  well  able  to  do  so  without 
the  assistance  of  10,000/.  or  some  other  great 
sum  to  buy  arms  for  them,  which  he  had  hopes 
ef  getting  ISof  them,  and  that  thev  expected,  and 
he  hoped  they  woukl  be  secomM  by  a  party 
b  fii^laiid  both  in  London  and  in  the  northern 
and  western  partB.  And  when  this  examinant 
asked  him  what  persons  of  note  would  engage 
in  it,  and  what  method  they  would  use,  he  an- 
swered, '  First  let  us  sound  our  strength,  and 

*  if  there  be  encoiuragement  from  that,  you  will 

*  not  want  men  of  quality  to  take  their  post, 
'  but  yon  must  excuse  me  from  naming  of  ttiem 
'  till  there  be  oceasion.'  And  this  examinant 
farther  smith,  that  though  he  frequently  en- 
mred  whether  anv  money  had  been  paid  to 
me  Soots,  he  could  not  certainly  be  informed 
that  any  money  had  been  paid. 

And  nirtfaer  saith  this  examinant,  That  the 
anns  in  his  former  examinations  particularly 
mentwoed  were  directed  by  the  company  then 
present  to  be  beipoken. 

Ami  further  mis  examinant  saith,  That  be 
hath  been  often  in  company  with  Mr.  Edward 
Korton,  of  Dorsefeshfkffe,  as  this  examinant  doth 
Miere,  with  Nathaniel  Wade,  a  barrister  at 
hw,  and  Francis  Ooodeaough,  an  attorney  at 
bw,  at  the  Castle^^vwim,  in  Fleet-street,  and 
at  the  Green^dragon  tarem  imon  Snow- hill ; 
where  soid^  disouurdes  were  held  concerning 
an  hisurrectioEi  m  Scotland,  and  of  one  in  Ene*- 
land,  if  there  should  be  occasion  or  be  thouglit 
requisite;  at  whic^-time  the  said  parties  last- 
mentioned, declared  they  would  not  be  wanting 
to  aci  their  parts  therein.  And  this  examinatit 
further  saith  not.  Robert  West. 

^  Junii,  cap.  et  reootfnit. 
Coram  me,  L.  /sNiUNa* 


The  fiirther  EXAMINATION  of  ROBERT 
W£^  of  the  Middle-Temple,  Barrister 
at  Law,  taken  before  Mr.  Secretary  Jen- 
kins the  S6th  of  June  1683.      . 

This  examinant  further  saith,  that  some 
time  in  the  last  spring,  and  to  the  best  of  thlk . 
examinant's  remembrance,  whilst  the  king  was 
at  Newmarket,  Francis  Shute,  late  deciSuted, 
came  to  thi^  examinant  with  a  message  from 
the  lord  Howard  of  Escrick,  as  he  told  this 
examitiant,  to  this  effect,  yiz.  That  the  lord 
Howard  had  a  project  for  raising  a  body  of  men 
to  make  aii  insurrection,  and  desired  this  exa- 
minant's  concurrence  and  assistance  in  it ;  and 
shortly  after,  the  lord  Howard  and  Mr.  Shuts 
came  to  this  esoaminant's  chamber  in  the  Tem- 
ple, whece  the  lord  Howard  told  this  exami- 
nant, that  except  some  effort  were  made  by  the 
people  towards  saving  their  liberties  and  reli- 
gion, all  would  be  lost ;  or  used  words  to  that 
effect.  And  this  examinant  telling  his  lord- 
ship that  he  saw  no  way  of  doing  so,  that  did 
not  endanger  the  people  more  in  case  of  a  mis- 
carriage, nis  lora^ip  told  this  deponebt,  he 
had  tho«ight  of  a  method  feasible  in  his  opinion, 
and  it  was  thb,  to  the  best  of  this  examinant's 
remembrance,  riz.  that  10  men  of  skill  and 
conduct  in  martial  affiurs,  should  meet  and 
each  chuse  to  himself  10  men  whom  he  mi^ht 
use,  that  every  of  these  10  men  should  raise 
80  men,  so  as  to  make  up  a  body  of  2,000 
men  :  that  empty  houses  should  be  taken  for 
these  men,  as  near  the  several  gate»uf  tbe  city 


^95]     STATE  TRIALS^  55  Chables  IL  l683.— 


i^  the  Trhb     [$96 


imd  other  eonTcnient  posts,  as  could.be;  that    said  ipMflMDger  should  be  kflted,  and  his  gtmem 


the  niffht  before  (he  execution  intended*  the 
men  should  be  fi;ot  into  those  houses,  and  ac- 
quainted with  the  execution;  such  as Tef used 
should  be  dapt  into  the  cellars,  and  the  rest 
aallv  out  at  the'  most  convenient  hour,  and  seize 
and  shut  up  the  gates,  and  then  demand  the 
inhabitants  arms ;  and  he  doubted  not  but  they 
would  deliver  them  and  people  enough  come 
into  assistance.  His  lordship  named  col.  Rum- 
zey,'  col.  Danvers,  Mr.  Clare  and  three  others 
whom  this  examinant  hiatth  forgotten,  for  6  of 
^e  priivnual  10,  and  desired  this  examioaiit  to 
speak  to  uiem  to  ooni^der  of  the  pit^ect  and  fiU 
up  the  number  of  10 ;  but  this  examinant  hay- 
ing no  mind  to  engage  in  it,  only  told  ool.Rum- 
xey  of  it,  and  none  other  of  the  parties  abo^e- 
Damed,  who  told  this  examinant  ne  would  not 
meddle  iq  it,  and  advised  this  examinant  topro- 
ceed  no  further ;  and  wheo  the  said  lord  How- 
ard came  to  this  examinant  for  an  apswer,  this 
examinant  told  his  lordship,  that  he  coald  meet 
with  no  encouragement ;  whoreupon  his  lord- 
ship repBed  he  could  make  as  good  a  shift  as 
other  men,  and  he  would  troume  himself  no 
iRirther,  and  came  not  since  to  this  examinant. 

And^  this  examinant  further  saith,  that  the 
said  lord  Howard  at  another  time  toldthis  exa- 
minant at  a  tavern  in  the  eity,  that  he  thought 
it  no  difficulty  with  500  horse  to  surprise  the 
king:,  duke  and  all  the  court  at  Newmarket,  |by 
beating  Op  their  quarters  abont  break  of  day ; 
but  this  examinant  told  the  said  lord  Howard 
it  was  impossible  to  get  such  a  body  to  so  gpreat 
a  distance  unobserved,  ti  whiih  his  lordship 
teemed  ooavinoed. 

And  this  deponent  further  saitb,  that  the  said 
Ferguson  told  this  examinant  that  the  arms  to 
be  Iraught  with  the  said  10,090/.  lay  ready  pro- 
vided in  Holland  to^be  transported  for  ScotlaJid, 
and  that  the  earl  of  Argy  le  would  go  over  with 
them  and  head  the  S^rts  in  person ;  and  that 
One  English  lord  olfered  to  pay  the  whole 
10,000/.  by  mortgaging  his  estate,  if  the  rest 
.  o^  the  managers  would  have  secured  him  their 

IiroDortions.  But  he  should  not  name  the 
onys  name,  then  but  since  the  said  Fei^uson 
told  this  examinant  it  was  the  lord  Grey.  And 
furtoer  this  examinant  saith  not. 

36  Junii,  1683.  Capt.     Robekf  West. 
ei  Cognit.  Coram  me, 

h.  isIilUNS. 


The  ftiriher  EXAMINATION  of  ROBERT 

W£9r^  the  Middle  Temple,  Barrister  at  Law*. 

This  examuiant  saith, -That  be  was  informed 
by  Mr.  Fereusoo,  and  to  the  best  of*  his  re- 
membratice^  by.col.  Romzey  lifcewiie,  that  the 
late  earl  of  ^aftsbury  advised  the  duke  c^ 
Monmouth  wheii  he  went  into  Cheshire  in 
September  last,  that  if  his  grace  wei«  attended 
with  a  good  appearance  of  gentlemen  and  free* 
holders  there,  Jliisumee  should  set  vp  and  de»- 
oUreformlree  parliament^  And  that  when  his 
graoe  was  taken  into  custody  by  a  memenger, 
the  said  eaii  of  fihaasbury  adviaad  thm  the 


return  into  Cheshire,  and  dedara  as  above,  ov 
dse  post  into  the  west  of  £ngf  and  and  set  up 
there.  But  shis  grace,  and  the  lord  Grey  Ji 
Wark,  were  of  aiMther  opinion,  ^is.  That  his 
grace  should  surrender  himself,  which  his  grace 
did  accordingly  i. 

And  this  examinant  f ortfadk*  saith,  That  sine* 
the>  insurrection  inteeded  in  November  laet  was 
laid  aside,  this  examinant  was  informed  by  ooL 
Romzey,  that  one  great  reason  of  its  being  laid 
aside,  was^  that  one  Mr.  John  Trenchard  on 
whom  there  was  a  great  reliance  for  a  oonai-' 
derable  body  of  meu  in  the  west,  viz.  at  Taun- 
ton, would  not  undeitake  to  procure  soch  m 
body^  for  which  he  was  much  reproached  by 
the  lord  Gr^. 

And  this  examinant  further  saith,  That  soma 
time  before  Mr.  Ferguson  went  over  into  Hol- 
land, the  said  Ferguson,  this  examinant  and 
one  Mr.  John  Roe  late  sword-bearer  of  Bristol, 
were  together  at  the  Younff  Devil  tavern  ua 
Fleet-Street,  where  some  discourse  wae  bad 
concerning  the  killing  the  king  and  duke  of 
York  and  of  a  genml  insurrection ;  but  thin 
examinant  cannot  remember  any  particular 
passages  of  that  discourse.  ' 

And  this  examinant  further  saith.  That  after 
the  said  Ferguson  went  for  Holland,  viz.  about 
Christmas  iSaL,  col.  Romzey,  this  examinant, 
Richard  Goodenoogh  and  the  said  Roe,  several 
times  met  and  discoursed  concerning  the  said 
design .  against  the  kinff  and  duke,  as  also  of  « 
geoeral  iaaoirection,  wnich.  thev  distingoaehed 
by  the  names  cf  the  liOpiMng  Point,  and  Ge^ 
nieral  Poiqt :  One  of  which  meetings,  to  ths 
best  of  this  examinaot's  remembraaoe,  was  at 
this  exanUnant^s  chamber  in  the  Tem|de,  wkers 
were  present  besides  ooK  Ronooey,  this  exhmi* 
nant,  the  said  Goodenongh  and  Roe^  Mr.  Jo* 
seph  Tyley,  Mr.  Edward  Norton,  and  Mr. 
RMdianI  Nehhrojf.  And  the  said  Mr.  Nel^ 
throp  approved  ot  an  insurrection,  but  alwmvs 
expressed  a  detestation  of  the  design  te  kill  the 
king  and  duke,  as  a  base  ungenetoue  thing : 
But  ^be  said  Roe  dedared>  he  woaU  be  one  to 
exeottte  it  rather  than  it  snould  fail  to  he  done. 
Aud  this  examinant  eaith,  That  at  some  or 
all  of  those  meetings  it  was  discoucsed  in  what 
place,  and  in  wh^  manner  the  saki  diw^s 
against  the  king  and  duke  should  be  pnt  m 
execution;  ana  it  ivas  pronosed  to.be  done 
either  in  the  playhoilsef  by  pMntiog  men  in  the 
pit  about  the  King's  box*  armed  win  pislob  and 
pock^blttoderbussesi  who  between  the  adt 
of  the  |day  should  make  the  assault,  or  m  their 
return.trimi  the  playhouse  by  night  under  Bad* 
ford  garden  watf ;  oecaoae  of  the  coBvenienoe 
for  one  part  of  the  assailantelralking  unsua* 
peded  in  the  niazza  and  another  waDcmg  so  im 
the  square  within  the  raUs,  and  another  h&ng 
about  the  church  porch,  wlio  npon  the  first 
asaaolt  might  prerent  anataiice  to  the  king 
out  of  Covent-Garden :  Or  flee  it  might  be 
done  as  the  king  and  dulse  were  pasamg.down 
the  river  in  a  bMge,  either  by  overrunning  their 
barge  with  a  hoy,  or  else  boaiding  their  barge. 


S97l     STATE  TRIALS,  35  Chaeus  H.  l685^/0r  the  Jfye-Hauu  PM.      [391 


aad  sbootiiig  m  plank  or  two  out  of  the  bottom 
irit|i  bHnkkrinMses,  and  so  to  sink  it ;  but  both 
tksse  wmyt  were  looked  upon  ss  very  hazard- 
ous aiid  probable  to  miscarry,  and  therefore 
■either  was  agreed  od.    ' 

And  this  exaeaiQant  ftiiiber  saitb,  Thal^  in 
the  last  Christmas  holy 'days,  col.  Romsey  in- 
vited this  exanunant,  ioA  several  others  to  din- 
•sr  at  his  house  in  King's  squaie  in  8oho- 
fields,  where  dined  this  exarainant,  Mr.  Rich- 
ard Geodenougfa,.  Mr.  Francis  Goodenougb, 
Mr.  Roe,  Mr.  Blaney,  and  to  the  beat  of 
this  examinant's  remembrance,  Mr.  Joseph 
9^ley,  and  some  discourse  was  then  had  of  toe 
said  desiffn  against  the  kin^  and  duke,  and  of 
a  geneFaT  insarreetion,  which  this  examinant 
icoposed  to  them,  being  lawyeis,  to  call  and  dis- 
tinguish them  in  this  manner ;  the  design  of 
kiiCng  the  king  and  the  duke,  e^iecnting  a  bar* 
gain  and  sale,  which  was  a  short  manner  of 
coflTveyance ;  and  the  general  insurrection,  by 
the  exepiting  a  lease  and  release,  which  is  a 
longer  conTeyance,  which  distinction  was  re- 
ceived, and  onsn  afterwards  made  use  of;  but 
die  same  Bfainey  was  never  afterwards,  as  this 
examinant  remembers,  at  any  other  meeting. 

And  this  examinant  further  saith.  That  some 
sheet  time  after  Christinas  last,  this  examinant, 
eol.  Romsey,  Mr.  tValcot,  and  Mr.  Rambold 
net  at  the  Salutation  tavern  in  Lombard  street, 
whiflre  it  was  diaoouned,  that  some  preparations 
•fight  to  be  made  against  the  time,  that  either 
the  said  design  a^nst  the  king  and  duke,  or  a 

Eieml  iasmreetioo  should  be  pot  in  execution : 
dit^  was  agreed,  that  Fergvnon  should  be 
sort  lor  home,  and  that  Ludlow  should  be  sent 
fer  if  it  could  be,  and  that  blank  commissions 
should  be  drawn  up  for  officers  both  civil  and 
aufitary  and  a  model  of  government ;  but  there 
was  some  doubt  in  whose  names  those  eom- 
nicdflBs  should  run^  and  at  last  it  was  proposed 
(but  tilts- examinant  does  not  remember  by 
wbom>  diat  they  should  rhn  in  the  name  of  the 
dwMerafte  Lords  and  Commons  of  Engfland. 
After  whidi  meeting,  this  examinanA  and  col. 
Romsey  went  the  same  night,  to  the  best  of 
this  cxaminant's  remembrance,  or  soon  after,  to 
a  coffee  house  in  P^pes-head  alley,  to  enquire 
ibr  one  Mr.  Thomas  Shepard  a  merchant,  for 
direeteis  how  to  send  to  Mr.  Ferguson  then  in 
HoIlaiMl,  and  there  found  Mr.  Shepard.  And 
^b  examinant,  by  the  consent  of  toe  said  col. 
Romsey,  wrote  a  sort  of  canting  letter  to  Fer- 
guson, to  invite  him  over  fbr  his  'healQi,  but 
there  was  no  particular  business  in  the  said 
letter ;  and  the  said  Mr.  Shepard  sent  it :  But 
Mr.  Ludlow  was  never  sent  for,  nor  anv  com- 
misskms  prepared,  nor  any  frame  of  govern- 
ment drawn  np  to  this  examinant's  knowledge, 
or  as  be  ever  heard  of. 

And  this  examinant  further  saitb,  That 
Aeut  Christmas  last  he  was  informed,  to  the 
best  of  dtis  esfarainant's  remembrance,  by  coh 
Romzey,  that  a  dezdgn  for  a  general  insurrec- 
tion was  parrying  on,  and  was  managed  by  a 
cabal  or  council,  *  and  that  the  said  <mbfil  dif- 
fered amongst  •  themselves^  and  the  business 


washketobe  at  a  stand;  but  the  persons  cf 
that  cabal,  the  said  eol.  Romzey  did  not  then 
give  this  examinant  any  account  of:  .but  the 
said  col.  Robisey,  Uiis  examinant  and  Natha- 
niel Wade  agreed  tonlraw  up  some  few  funda- 
mentals, which  they  thought  reasonable,  and 
the  said  col.  Romany  to  present  the  same  to 
the  lord  RusssI,  for  hmi  to  present  to  the  ma- 
nagers or  the  duke  of  Monmouth,  which  they 
dial  accordingly,  but  the  same  were  rejected,  as 
the  said  col.  Romzey  told  this  examinant,  and 
this  examinant  hath  no  copy  of  them. 

And  this  examinant  ftirther  saith,  That 
about  Hilary  term  last,  this  cixamtnant  vras 
informed  by  Mr.  Joseph  IVlf^,  and  aince  by 
James  HoUoway  of  Bristol,  that  there  vras  a 
consideAble  party  in  Bristol,  well  provided 
dor,  and  almost  impatient  for  notion,  and  had 
laid  a  rational  design,  if  they  could  be  seconded 
in  other  places. 

And  this  examinnit  ftutber  saith,  That  be 
was  informed  by  Mr.  Richard  Nellinrop,  thai' 
col.  Sidney  had  sent  Aaron  Smith  into  Soot- 
land,  with  letters  to  sir  George  Cambd,  and 
sir  John  Cochran,  or  one  of  them,  upon  pre- 
tence of  a  purchase  of  land  in  CaroUna,  but  in 
truth,  to  get  them  np  to  London,  in  order  la  ■ 
settle  matters  for  a  rising,  or  na^  woids  to 
that  effect ;  and  that  the  said  col.  Sidney  gave 
the  said  Aaron  Smith  founcore  gumeas,  or 
some  sueb  sum  for  his  charges ;  and  Mr.  Fer- 
guson bath  since  told  this  exammant,  that  the 
said  Aaron  Smith  behaved  himself  very  indis- 
creetly in  the  said  journey,  and  run  a  haaafd 
of  discov  ering  ftie  design. 

And  this  examinant  further  saith.  That  Mr, 
Ferguson  often  told  this  examinant,  that  it 
was  agreed  between  several  Scots  and  several 
persons  of  quality  here  in  England,  that  die 
Scots  should  have  10,000/.  from  hence  to  buy 
arms,  and  then  should  rise  in  Scotland,  alid  be 
seconded  here  by  an  insurrection  in  Engfond  ; 
or  if  the  English  would  heip^  the  Scots  to 
^,Q00/.  they  would  attempt  a  rising  in  Scot- 
land, without  being  second^  in,  or  further  as* 
sisted  from  England*  And  that  the  10,000^ 
was  to  be  paid  this  day  and  that  day,  but  at 
length  the  10,000/.  sunk  to  5,000/.  but 'the 
Scots  were  rest>hed:to  rise  though  they  had 
nothing  hot  their  claws  to  fight  with,  rather 
than  endure  what  Ihey  did.  And  about  three 
weeks  or  a  month  sinee^  the  said  Ferguson 
told  thisexammant  that  ccl.  Sidney  and  major 
WiJdman  had  used  the  S(^tsill,  and 'brakes 
with  tbera  idler  making  them  attend  twn 
months ;  and  the  reason  they  broke  Upon  was^ 
That  the  Scote  would  not  agree  to  declare  for 
a  commonwealth  and  the  extirpation  of  the 
monarchy,  but  ,that  the  said  Fergtison  had 
hopes  of  raisinsf  the  mpne]^  otherwise,  but 
would  not  tell  this  examincoTt  how ;  neither 
could  this  esaminftnt  ever  be  certainly  inform- 
ed, whether  any  part  of  the  said  money  has 
been  paid  to  tl»e  Scots.  And  this  examinant 
farther  saith,  That  Mr.  John  Roe  hlith  toW 
this  examinant,  that  he  the  said  Roe  was  ac- 
quainted with  someBcoteblDe^  here  in  London, 


399}     STaT£  trials^  55  Charles  11.  \eti$.^Iniroductum  to  the  Trials     [400 


who  informed  hkn  that  there  were  2,000  or 
3,000  Soots  (many  of  them  Bothwel  brid^ 
men)  who  were  ioumey-meii  and  pedlars  in 
and  about  Eoglaad,  and  were  under  the  order 
and  management  often  or  twelve  Scotchmen 
in  London,  who  could  in  a  month  or  six  weeks 
time  draw-in  all  up  to  London :  and  that  the 
earl  of  Shaftsbury  had  a  great  command  of 
these  men. 

And  tnis  exaitainant  further  saith,  That  about 
three  months  since  or  thereabouts,  this  exami- 
nant  being  upon  tlie  exchange,  met  with 
major  WildmaD,  who  told  this  examinant  for 
news  that  the  marquis  of  Huntly  and  earl  of 
Douglas,,  two  eminent  Papists,  were  reported 
to  be  made.g^eral  of  the  lorces,.  and  governor 
of  Sterling  castle  in  Scotland,  and  that  a  re- 
sumption or  repurchase  of  the  abbey  lands  was 
going  to  be  madei, there.  Whereupon  this  ex- 
aminant told  the  said  miyor  Wildman,  that  he 
this  examinant  had  a  plantation  in  America 
where  the  churchmen  ncTer  had  footing,  and 
would  go  tbither  if  he  was  driven  trom  hence. 
To  which  the  said  major  Wildman  replied, 
Jceep  here,  and  don't  talK  of  bein^  driven  out, 
drive  them  out  hence.  And  this  examinant 
■ay ing,  he  di4  not  see  how  that  could  be  done : 
the  said  major  ^Vildman  returned,  it  may  be 
done,  and  must  be  done,  and  shall  be  done  ; 
or  used  words  to  that  effect 

And  this  examinant  further  saith,  ^That  Mr. 
Rumbold  told  this  examinant  not  long  since, 
that  nuijor  Wiidman  had  shewed  him  a  paper 
fn  the  nature  of  a  declaration  or  remonstrance, 
which  he  intended  to  have  printed  and  dia- 
Bened  among  the  people  at  the  time  of  the 
intended  insurrection ;  and  that  he  the  said 
Wildman  had  formerly  encouraged  the*  said 
vRumbold  in  the  ^attempt  .upon  the  king  and 
duke  in  their  wav  to  or  from  Newmarket,  but 
afterward  seemed  to  discourage  him. 

And  this  examinant  further  saith,  That  after 
die  fire  happened  at  Newmarket,  and  this  ex- 
aminant, ool.  Romzey,  Walcot,  Ferguson, 
Rumbold,  and  Richard  Goodenough  hs4  met 
twice,  and  resolved  to  let  making  any  attempt 
inpon  the  king  and  duke  alone.  The  said 
^Wguson  on  Saturday  or  Sunday  before  the 
king's  return,  borrowed  forty  giimeas  of  col. 
Romzey,  as  the  said  col.  Romzey  and  Fergu- 
fon  have  since  told  this  examinant,  in  order  to 
siet  the  same  on  work,  but  did  nothing  in  it ; 
and  hath  since  repaid  30  guineas;  if  not  the 
whole  40  guineas  to  the  said  ool.  Romzey. 

Andthis  examinant  further  saith,  Tbataf^ 
the  king's  return  irom  New/narket,  the  said  col. 
Romzey,  this  examinant,  Ferguson,  Rumbald, 
Goodenough,  and  Walcot,  as  this  examinant 
JMieves,  met  at  the  George  and  Vulture  tavern 
on  Ludgate-HiU,  where  the  arms  in  this  exa- 
minant's  former  exilminations  mentioned  and 
the  sorts  and  sizes  thereof  were  agreed  upon  : 
^nd  the  i^d  Ferguson  told  the  company  that 
4>ne  was  employed  to  see  for  some  convenience 
between  Hampton-Court  and  Windsor,  to  make 
the  attemot  upon .  the  king  and  duke,  biu  he 
Mver  made  any  report  of  the  message,  though 


he  was  pressed  to  it  by  this,  examinant  and 
others,  being  then  wholly  intent,  as  this  exa  •. 
minant  perceived,  upon  managing  die  Scotch 
insurrection. 

And  this  examinsnt  fiitlier  saith,  That  sooia 
afterward  there  were  seveml  meetings  between 
all  or  mostoftheparties above  mentioned,  at  the 
Castle  tavern  in  Fleet -street,  and  Green  Dragon 
tavern  on  Snow-hill ;  but  this  examinant  doth 
not  remember  any  particular  discourse  at  any  of 
the  said  meetings,  other  than  concerning  the 
progress  of  the  Scotch  preparation  towards  an 
insurrection. 

And  this  examinant  further  saith,  Thatther^ 
was  since  proposed  making  an.  att€m|>t  upon 
the  king  and  duke  in  their  return  from  the . 
duke's  play-house  in  the  narrow  part  of  the 
street,  but  the  same  was  wholly  rejected*  and 
this  examinant  never  heard  «if  any  attempt  de- 
signed to  be  made  upon  the  king  and  daxe  at 
a  buli-fesst,  nor  never  heard  that  a  bulMca^i 
was  to  be  had  till  about  ten  or  eleven  days 
since. 

And  this  examinant  further  saith.  That  the 
said  Ferguson  told  this  examinant  >that  the  in- 
surrection in  England  intended  to  second  that 
in  Scotland  would  be  in  this  manmn-,  viz.  That 
one  par^  should  be  up  in  the  West,  at 
Bristol,  Taunton  and  thereabout,  another  in 
Yorkshire  at  York,  another  in  Cheshire  at 
Chester,  and  if  it  could  be  dope,  another  in 
Devonshire  at  Exeter,  in  every  of  which  places 
some  persons  of  quality  would  appear,  but 
named  them  not,  and  that  the  main-  push  was 
designed  at  Londou,  and  was  ordered  thus,  viz. 
That  several  parties  should  at  once  attack  the 
Tower,  the  guards  and  the  Exchange,  the 
Mews,  the  Savoy  and  White-hall,  and  one  at 
Westminster  should  lall  upon  the  bade  of 
White-haU,  that  a  party  of  horse  should  be  laid 
at  Staines  Bridge  to  way-lay  the  kingand  duke 
if  they  went  towards  W  indsor,  an«l  anotherparty 
of  horse  to  way-lay  them  in  their  road  to  rorts- 
mouth  if  they  went  thither ;  that  the  mayor  and 
sheriifs  should  be  seized,  but  the  design  wasnot 
to  he  communicaied  till  it  was  ripe  for  action^ 
and  added,  that  he  hopeil  the  duke  of  Monmouth 
and  lord  Russel  might  be  prevailed  with  to  ap- 
pear in  Iy>ndon. 

A  ad  this  examinant  ftirther  saith.  That  after 
the  Septs  wen^  disappointed  of  the  odoney  pro- 
mised to  thein,  the  said  Feignson  would  have 
had  this  examinant  to  have  met  and  discoursed 
with  sir  Thomas  Armstruog,  but  this  examinant 
refused  to  do  so  ^  and  he  once  asked  this  exa- 
minantto  wait  upon  the  duke  of  Monmouth,  but 
this  examinant  refused  that  also. 

And  this  examinant  furtliersaiih.  That  though 
the  said  Ferguson  was  shy  9f  naming  persons 
of  quality  to  this  examinant,  yet  he  always  be- 
lievied  he  meant  the  duke  ot  'Monmouth,  lord 
Russel,  lord  Grey,  col.  Sidney,  Mr.  Charieton, 
migor  Wildman  and  others,  but  this  examinant 
never  discoursed  with  any  of  them  himi^elf. 
And  col.  Romzey  about  two  or  three  montlis 
since  to  the  bestof  tfai^  examinant's  refuembrance 
told  this  examinant  that  the  lord  Howard  of 


401  ]       STATE  TRIALS,  S5  Charles  \L  1 683.-/or  Me  tiye-Bouit  Phi.      [402 


Sserik,  cpl.  Sidney,  Mr.  Bampden  janior, 
irnkjor  WiMman  and  others  irhoni  this  exami- 
Bant  hath  forgotten,  wflre  managpera  of  the  de- 


And  thii  examinant  farther  saith,  That 
Richard  Rombald  vas  commonly  called  Hani- 
M  b^  reason  of  bis  haying  but  one  eye,  and 
that  It  was  asnal  at  the  meetings  abovemen- 
lioned  to  drink  a  health  to  Hanibal  an^  his 
boys,  and  this  ezaminas^  belierestbe  93  guineas 
m  this  examinant's  fbrmec  examination  men- 
tioned to  be  paid  to  him  by  the  said  Ferguson 
ftr  ^  arms  were  eivento  him  by  Mr.  CEiarle- 
ton,  for  that  the  said  Ferguson  had  before  told 
Ifass  examinant,  that  he  should  have  the  said 
money  when  Mr.  Cliarleton  came  to  town, 
and  when  the  said  F^ergason  paid  the  said 
ffoitteas  to  this  examinant,  he  told  him  he 
nad  not  had  ihem  in  his  custody  above  half  an 
hoDT,  and  thn  examinant  met  the  said  Charle- 
ton  going  from'^him  when  this  examinant  came 
to  him. 

And  this  examinant  further  suth.  That  about 
five  weeks  since  after  the  said  treaty  with  the 
Soots  seemed  to  be  broken  off,  this  examinant, 
col.  Romzev,  Mr.  Walcot,  Mr.  Wade,  Mr. 
Norton,  RicDai*d  Gdodenough  and  James  Hoi- 
loway,  met  at  the  Young  Devil  tavern  between 
'Ae  two  Temple  gates,  where  it  was  agreed  to 
divide  the  city  into  several  parts,  and  to  give  the 
several  parts  to  several  persons  to  examine  what 
force  might  be  raised  in  every  one  of  them, 
and  if  3,000  men  could  be  raised  for  the 
first  onset,  it  was  thought  sufficient  encourage- 
ment to  venture  upon  an  insuri*ection,  and  it 
was  not  doubted  but  20,000  men  would  fdl  in  if 
tbe  first  onset  had  any  success ;  and  in  order  to 
this  a  largre  map  of  the  city  and  suburbs 
was  bought  and  hung  up  in  this  examinaut*s 
cbunber,  where  Mr.  Wade,  HoUoway  and 
Francis  Goodenouffh  divided  the  city  and  sn- 
bnrbs  into  twenty  divisions,  which  were  to  be 
managed  thus  :  one  principal  man  in  each  di- 
vision sl^ould  employ  14  or  15  under  him  and 
give  them  their  particular  'n':alk8,  so  that  they 
might  not  inter^re  one  with  another  and  be  de- 
ceived m  their  numbers.  These  were  to  pro- 
vide ten  men  a-pieoe  at  least^  so  that  150  men 
in  each  division  Would  make  3,000  out  of  the 
twenty  divisions,  and  what  was  over  mi^bt  be 
keptror  a  reserve,  but  there  was  no  particular 
m^od  as  this  examinant  remembers  a^*ced 
npon  to  use  these  men,  but  was  deferred  till  the 
number  was  certain,  ailer  which  division  so 
'aaade,  the  said  Richard  Goodenough  by  reason 
of  his  general  acquaintance  undertook  to  find 
out  men  to  act  accordingly,  and  some  short' 
time  after  the  said  parties  alwve  mentioned  met 
at  the  Green  Dragon  tavern,  where  the  said 
Goodenough  decls^  he  hadeknployed  several 
persons  from  wliom  he  hoped  to  have  a  good 
account  in  a  little  time^  and  tlie  next  week  after 
tbe  said  parties  abovementioned  and  one  Mr. 
Zachary  Bourn  a  brewer  whom  tbe  said  Good- 
enough  bad  employed  in  it,  met  at  the  Salutation 
tavern  in  Lombard-street,  but  this  examinant 
eame  not  tfaiUier  till  the  company  just  broke  up, 

VOL.  IX. 


and  did  not  hear  what  passed  there ;  and  about 
a  week  after  the  same  parties,  except  HoUoway 
rwfaowi^  gone  to  Bristol)' met  again  at  the  , 
Green  Dragon  tavern  on  Snow-hill,  where  tha 
said  Goodeiijough  report^d  that  he  had  an  fic- 
count  of  1800  men  out  of  two  of  the  hamlets, 
and  that  Souiliwark  would  yield  more,  an<| 
Spittle- fields  a  great  number,  but  had  no  par- 
ticular account  of  other  places. 

And  this  examinant  further  saith,  That  abont 
three  weeks  since  Richard  Rumbald  told  thi» 
examinant  that  he  suspected  Mr.  Keeling  Had 
discovered  all  the  designs,  as  well  that  of  the 
intended  assassination  from  Newmarket  as  ^he 
other  design  then  on  foot,  and  that  if  he  were 
sure  of  it  he  wonld  take  care  to  got  him  kno(^^ 
on  the  head,  but  was  unwilling  to  do  so  till  he 
were  fully  satisfied,  and  about  a  fortnight  since 
tiie  said  Rumbald  told  this  examinant  that  h^ 
had  several  reasons,  to  convince  him  that  the 
said  Keeling  bad  made  a  discovery,  and  but  thaft 
he  made  so  many  protestations  and  in>preca- 
tions  to  the  contrary  he  would  kill  him.  AnA 
this  examinant  hath  heard  from  Mr.  William 
Rumbald,  that  he  lent  tbe  said  Keeling  100^ 
on  Saturday  was  senn'ight  last,  lest  flieswd 
Keeling  should  be  tempted  by  want  of  money, 
which  he  thei^  pretended  to  labour  under.  And 
on  Monday  was  senn'ight  last,  this  examinant 
was  informed  by  the  said  Mr.  Wil^am  Rumbold 
that  the  said  Keeling  was  with  persons  that  af- 
ternoon, some  of  whom  he  neliey^  would 
have  killed  the  said  Keeling  if  he  had  not  de- 
ceived  them  by  many  impi^ecations  that  he'hal 
made  no  discovery.  And  this  examinant  further 
saith,  that  this  examinant,  col.  Romzev,  Mr. 
Wade,  Mr.  Nelthrop,  Goodenough,  and  Norton  * 
had  notice  on  Sunday  senn'ight  last,  by  meant 
of  the  said  Keeling's  brother,  that  the  said 
Keeling  had  made  a  discovery,  and  thereupon 
they  r^olved  to  meet  early  the  next  morning  ... 
in  order  to  their  escapes,  and  according  to  theur 
appointment  met  in  G6odmans-fields,  where 
they  endeavoured  to  hire  a  boat  for  Hollaudl 
whither  all  except  this  examinant  were  resolved 
to  go,  but  by  reason.they  could  not  g^  clear  of 
Gravesend  before  five  or  six  o'clocK  on  Tues*- 
da^'  nio^ht  and  so  might  be  taken,  they  laid 
aside  that  design,  ana  every  one  shifted  for 
himself. 

And  this  examinantfurtlier  saith.  That  when 
this  examinant  was  much  dejected,  and  refuse*) 
to  go  for  Holland,  most  of  the  company,  and  parr 
ticularly  col.  Romzey,  looked  wistfuDy  in  this 
examinant's  facp,  as  if  they  suspected  U-eacbery 
in  this  examinant.  '  Whei'eupon  this  examinant 
told  the  said  col.  Ro'mzey,this  examinant,  if  he 
were  taken,  would  not  save  his  life  unjustly, 
and  instanced  that  he  had  never  spoke  with  < 
the  duke  of  Monmouth.. and  could  say  nothing 
against  him,  and  would  not  do  injustice  to  tb^ 
colonel  but  rather  give  his  right-hand  to  serv« 
him  ;  which  compliment  the  colonel  returned, 
and  so  parted,  and  there  was  ho  agreement  be*  . 
twe^n  all  or  any  of  the  parties  abovenamed  to  ^ 
favour  one  another,  and  turther  this  examinast 
saith  not> 

2D  ^ 


A      I 


403]     STATE  TRIALS,  95  Chaeles  If. 

The  furtficr  EXAMINATION  of  ROBERT 
WEST  of  the  Middle  Temple,  Barrister  at 
Iaiw,  before  die  Lord  Keeper  the  27th 
June  1683. 

This  examtnant  further  saith,  That  Mr.  Rd. 
Rumba  Id  and  a  party  of  his  friends  about  tea 
\  ears  since  designed  and  were  prepared  to  have 
killed  the  king  and  duke  of  York m  their  jour- 
ucy  to  or  from  Newmarket,  and  lay  in  ambush 
for  that  end,  but  the  king;  and  duke  went  an 
unusual  road  through  tlie  forest  that  time,  which 
they  never  went  before  or  since,  and  so  escaped . 
.them,  and  the  said  Rumbold  also  told  this  exa- 
mioaQt  that  he  once  had  a  mind  to  have  taken 
one  of  the  cellars  under  the  duke^s  play-house, 
and  by  placing  barreb  of  powder  there  have 
blown  up  the  play-bouse  uben  the  king  and 
^kc  were  there,  but  the  consideration  that  a 

great  number  of  other  innocent  people  must 
avc  perished  in  it  diverted  him  from  it,  thougl) 
a  friend  to  whom  he  commuuicated  the  design 
endeavoured  to  overrule  that  objection  by  say- 
ing, '^  ^Vhat  have  the  jack-daws  to  do  amongst 
the  rooks?' 

And  this  einiminant  further  saith,  That  at 
some  meeting  before  or  abou^  Christmas  last 
there  Avas  a  discourse  coucerniug  surprising 
some  garrisons  in  case  of  an  insurrection,  and  it 
was  proposed  for  Portsmouth,  that  some  gen- 
tlemen should  go  into  tlie  town  and  treat  the 
oiBcers  of  the  garrison,  who  in  that  bad  air 
were  apt  to  accept  of  an  invitation  and  drink 
plentimlly,  and  that  in  the  height  of  their  drink- 
ing a  party  of  men  who  .might  be  brought  into 
town  on  a  market-day  in  country-men's  habits 
should  surprize  the  guards,  who  Uke\rise  to 
that  end  should  be  treated,  aud  it  wa?  thought 
the  town.%men  who  were  uneasy  under  the  inso- 
lancies  of  (he  ffarrison  would  be  apt  to  close  in 
and  assist  in  the  enterprize.  Pendeuis  Castle 
was  also  mentioned  as  a  place  naked  and  easily 
seized,  and  tliat  might  be  of  great  use  :  and  this 
examinant  doth  not  remem&r  any  thing  said 
About  Hull,  but  Mr.  Ferguson  lately  told  this 
'ifexaiuinajit  that  he  had  good  assurance  of  having 
Ne\vca3ite. 

And  this  examinant  further  saith,  That  af\er 
the  intended  insuiTection  in  November  la^t  was 
laid  aside,  Pcrgusou  to  the  best  of  this  exami- 
nant's  rememhrauce  told  this  examinant  that  tiie 
lord  ShalUbnry  hail  sent  3Ir.  VValcot  tosh-  Wil- 
liam Co£;rtney  in  Devonshire,  to  engage  him 
in  an  insurrection,  and  to. join  withstane  person 
of  anality  if  it  should  bethought  tit  to  send  one 
thitner,  but  Mr.  Walcot  retni*ned  w  ithout  any 
encouragement  from  sir  William  Courtney: 
and  thoug'h  this  examinant  knew-  that  the  said 
Mr.  Walcot  sook  a  journey  into  Devonshire, 
yet  the  said  Mr.  Walcot  kept  the  business  of  it 
close  from  this  examinant,  aud  would  own  only 
making  a  visit  to  a  friend. 

And  this  examinant  ftirther  saith,  Tliat  the 

S laces  usually  resolved  on  for  placf«  of  ren- 
ezvous  in  case  of  an  insurrection  in  Lon- 
don, were  Saint  Jameji-8quare,  Covent-Gar- 
4en,  lincofai's-inn-fields,  Stnithfleld,the  Royal 


1 683.--  UUroduetian  to  ike  Trtoft      [4G4 

Excbai^,  Saint  George^s  Fields,  in  Soatb- 
wark,  Goodmans- Fields,  Spittle-Fields  mnd 
Moor- Fields,  where  t^^e  arms  in  the  artillery 
ground  were  to  be  seized. 

And  this  examinant  further  saithy  That  Mr. 
Roe  told  this  examinant  that  he  had  iliiooim* 
ed  with  one  Mr.  Ilicks  a  tobacconist,  an  Ana- 
baptist preacher,  a  ffreat  ringleader  of  the  Ana- 
baptists, and  that  the  said  Hicks  had  told  hina 
that  the  Anabaptists  could,  and  he  believed 
upon  a  i^od  consideration  would  make  up  an 
army  or20,000  men,  and  1,500  of  the  S0,00O 
would  be  horse,  and  though 'perhap*  thera 
\i  ould  be  a  necessity  of  making  use  of  Mmi« 
great  men  at  the  beginning  (and  this  exami- 
nant. thinks  he  mentioned  >the  duko  of  Mon* 
mouth)  yet  when  the  Anabaptists  were  onoe  up, 
thev  would  not  lay  dowH  their  arms  till  they 
had  their  own  terms. 

And  this  examinant  further  saith.  That  to 
the  best  of  his  remembrance  he  nas  informed 
by  colonel  Romzey,  that  the  managers  of  the 
general  insurrcctian  had  one  or  more  meetings 
at  the  house  of  Mr.  Thomas  Shepherd  mer- 
ehant  in  Abchurch-Lane  or  St.  Clements- 
Lane  in  Lombard  street  London,  and  that  it 
the  money  were  paid  to  the  Scots  the  said  Mr. 
Shepherd  was  to  return  it  into  Holland,  and  this 
examinant  to  the  best  of  his  remembrance,  onoe 
o^  twice  asked  Mr.  Shepherd  whether  any  mo- 
ney were  paid,  who  answered  it  was  promised 
several  tunes  but  he  had  not  any  assurance  of 
its  being  paid.  And  this  examinant  belieTes 
the  said  Mr.  Shepherd  did  know  of  the  intend- 
ed assassination  of  the  kin^  and  duke,  but 
doth  not  remember  that  this  examinant  bad 
any  paiticular  discourse  with  the  said  BIr. 
Shepherd  aliout  it,  the  said  Shepherd  havings 
failed  to  meet  tliis  examinant^  col.  Romzey, 
and  others  several  tiuies  when  he  had  pro- 
mised to  do  so. 

And  this  examinant  further  saith.  That  Mr. 
Ferguson  to  the  best  of  this  examinant's  re- 
membrance told  this  examinant  siuce  the  kinjr 
ncnt  to  Windsor,  that  there  had  been  som« 
thoughts  of  surprizins:  Windsor  with  500 
horse,  but  upon  consi()eration  it  seemed  im- 
practicable, but  he  named  no  persons  to  thiy 
examinant. 

And  the  said  Ferguson  desired  this  exami- 
nant to  speak  to  Mr.  Richard  Goodecongh  to 
meet  sir  Thomas  Armstrong,  which  this  ex* 
aminant  did,  and  this  examinant  beUeves  the 
said  Goodenough  aud  sir  Thomas  Armstrong' 
have  had  several  meetings,  and  the  said  Good4 
enough  hath  communicated  to  sir^  Thomas 
Armstrong  the  design  last  carryin&f  on  for 
raising  3,000  men  out  of  the  twenty  divisions  of 
the  city  and  suburbs,  and  the  progress  that 
w^  made  in  it. 

And  this  examinant  further  saith,  *  That  al 
one  of  the  meetings  concerning  the  last  men- 
tioned design  Mr,  Richard  Goodenough  rc- 
^orteS  one  man  (but  would  not  name  him)  would 
undertake  to  bring  1,000  men  out  of  the  ham- 
lets, and  if  occasion  were  to  give  satLifaction  he 
would  shew  them  all  a  football  match  or  other 


405]      STATE  TRIALS,  $5  Cif  arl«s  If.  l683.-r/iM*  ihe  Rfe-House  Plat.      [40» 


.  le.  but  the  said  Goodemmgb  reported 
ividud  that  he  ioand  loqct  perwns  insLst  upon 
terms,  and  reqahed  toJcDOwr  what  ease  and  ad- 
vantage they  should  have  in  mauers  of  religion, 
thdr  liberties  and  properties,  and  what  assu- 
rance they  should  hare  of  their  beiog^  perform- 
ed before  they  woulil  actually  engage  in  arms, 
fcr  they  would'  not  fight  to  change  persons 
only,  but  thfaigs  ;  but  whether  any  thing  was 
done  in  order  to  give  tliem  such  satislaction 
this  examinant  knows  not 
'  And  this  examinant  further  saith,  That  the 
inadnmentals  in  this  ezamiDant's  last  exomina- 
tion  mentioned  to  lie  prepared  by  ftlr.  Wade, 
«o!.  Romzey  and  this  examinant,  were  only 
rough  drawn  up  by  the  said  Mr.  Wade's  own 
hand,  and  this  examinant  did  not  write  them, 
wt  had  any  cop^  of  tbem,  because  if  they  had 
been  ^>proved  ot,  it  was  intended  to  have  drawn 
ttem  mto  form,  and  therefore  this  examinant 
cflVMt  set  them  forth  exactty,  butto  the  best 
of  this  examinant's  remembrance  the  substance 
of  them  was  to  the  effect  following. 

1.  That  the  people  should  annually  meet  at 
a  certain  time  to  choose  members  .of  parlia- 
ment without  any  writ  or  particular  direction 

to  do  80. 

9.  That  the  parliament  should  meet  at  and 
lit  for  a  stated  bme,  and  not  to  be  dissolved,  pro- 
rogued, or  adjourned,  but  by  their  own  consent ; 
and  that  no  proro^tion  or  adjournment  should . 
hinder  their  meetmg  before  the  day  to  which 
foey  were  prorogued  or  adjourned,  if  there 
were  occasion^ 

3.  That  the  parliament  should  consist  of  a 
House  of  Lords  and  a  House  of  Commons,  but 
the  exact  number  of  both  or  either  of  them, 
lUs  examinant  doth  not  remember. 

4.  That  only  such  nobilit]^  should  be  here- 
ditary as  were  assistiiu^  in  this  design,  the  rest 
ibould  be  only  for  lifo,  and  upon  their  death 
the  House  of  Lords  be  supplied  from  time  to 
time  with  new  ones  out  of  the  House  of  Com- 
mons, but  whether  by  the  election  of  the  lords 
or  of  the  prince  this  examinant  doth  not  re- 
member. 

5.  The  militia  should  be  in  the  parliament, 
sod  the  parliament  have  the  nomination  if  not 
the  election  of  all  judges,  sherifi,  justices  of 
peace,  and  other  greater  or  lesser  offices  civil 
or  military. 

6.  That  what  acts  passed  in  botli  Houses 
ibould.be  a  law  for  one  year  without  the 
mince's  content,  and  what  acts  passed  both 
ttooses  in  two  several  parliaments  should  be  a 
peipetual  law  without  his  consent. 

7.  That  a  council  to  the  prince  should  be 
deeded  out  of  the  jiarliament,  a  certain  num- 
ber of  the  lords  to  be  elected  by  the  Commons, 
and  a  certain  number  of  the  Commons  to  be 
deded  by  the  Lords,  but  the  number  of  the 
eooncil,  or  of  either  Lords  or  Commons  to  be 
if  it,  diis  examinant  doth  not  remember. 

And  this  examinant  further  saith.  That  be- 
fore the  said  Feiguson  went  for  Holland  this 
examinant  pressing  him  to  know  whether  the 
liofce  of  BlooBioii3i  were  acquainted  with  the 


design  against  the  Idng  and  duke,  and  would 
not  Bang  all  f>ersons  concerned  in  it  ii'  it  suc- 
ceeded, the  said  Ferguson  said,  \\  hat  if  1  get  it 
under  his  hand  that  he  shall  not  'f  To  which, 
this  examinant  answered  it  would  be  sufficient 
satisfoction,  but  when  the  said  Feiguson  re- 
turned from  Holland,  and  tikis  examinant 
pressed  him  again  to  have  security  tit  to  he  re- 
lied on,  he  asked  this  examinant.  Whether  that 
were  fit  to  be  proposed  to  the  duke?  And  tikis 
examinant  saying  if  he  durst  not  jiropose  it  he 
thought  other  men  ought  not  to  \  enture  upon 
it:  whereupon  the  said  Ferguson  said  that  he 
bad  mentioned  something  concerning  the  king 
to  the  duke  of  Monmouth,  but  not  assassinating 
him,  to  which  the  duke  answered  somewhat 
sternly.  You  must  look  upon  me  in  the  capa-  > 
city  of  a  son ;  which  answer  tor  some  time 
dampt  th^  design  and  always  clogged  it :  but  at 
length  it  was  resolved,  that  if  the  duke  did  pro- 
secute the  actors  in  ii,  that  the  duke  himself 
should  be  killed  if  it  could  be  done ;  and  this 
examinant  believes  col.  Romzey  was  present 
at  or  made  acquainted  by  this  examinaot  with  , 
the  said  discourse. 

And  this  examlnaint  further  saith,  That  th^ 
said  Ferguson  to  the  best  of  his  remembrance^ 
to.'d  tliis  examinant  that  some  thoughts  had 
been  formerly  of  making  an  attempt  upon  the 
king  and  duke  the. last  lord  mayor^s  day  either 

going  out  of  the  coach  into  Guildliall,  or  in  thf 
all  at  dinner  (which  might  be  done  with  men 
with  swords  only)  or  in  their  i*etom  from 
thence  at  Ludgate  or  Paul's-Church-Yard, 
but  for  the  great  hazards  in  eitlier  of  these 
ways  nothing  was  resolved  on. 

And  this  examinant  further  saith,  That  thi« 
examinant  perceiving  that  little  or  no  prepa- 
rations were  made  for  the  last  designed  at- 
tempt in  the  Newmarket  journey,  tolii  the  said 
Ferguson  of  it,  to  which  the  'said  Ferguson 
answered,  that  he  should  have  a  sura  of  money 
for  it  when  things  were  fixt,  but  not  else,  for  a 
sum  bad  been  deposited  in  a  man's  hand  (but 
named  not  whose)  for  the  former  desicfqed  at- 
tempt in  the  October  journey,  and  though  it 
was  not  made  use  of  it  was  not  returned,  and 
there  was  no  asking  for  such  money  again. 
And  this  examinant  further  saith,  that  at  on)S 
of  the  meetmgs  cqnceming  the  attempt  upoe 
the  king  and  duke,  this  examinant  propotfed  to  ' 
the  said  Ferguson,  that  sonte  of  tne  duke  oi* 
Monmouth's  servants  or  dependants  8lK>uht  be 
brought  into  the  action,  which  might  lie  some 
security  to  tbe  persons  engt^^cd,  or  at  least 
make  the  w^rld  think  the  duke  concerned  in  it, 
if  he  were  not.  But  Mr.  Itumbald  did  nui 
care  to  engage  with  any  of  them,  however 
this  examinant  believes  4he  said  proposal  l)a<l 
beenx2ommuDicated  to  some  of  thera,  for  that 
this  examinant  was  told  (to  the  best  of  his  re-  ' 
membraoce)  either  by  col.  Romzey  or  Mr. 
Ferguson,  that  sir  Thomas  Armstrong  offered 
to  engage  if  col.  Romzey  would,  but  the  colonel 
refiised,  and  that  in  case  of  a  general  insur-r 
rection  sic  Thomas  Armstrong  would.the  ni^ht 
before  it  attempt  to  kill  the  duke  of  York,  by 


407]       STATE  TRIALS,  35.Chari.bs  II.  l69$.r-hdr0iuction  tp  th9  Tri$t9     [40» 


goings  to  him  with  a  pretence  to  discover  some 
plot  affainst  him. 

And  this  examinant  was  informed  by  Mr. 
John  Roe  that  one  Mr.  Gibbons  who  was  or 
bad  been  a  servant  to  the  duke  of  Monmouth 
met  the  said  Roe  in  Covent-Garden  or  carried 
him  thither,  and  there  told  the  8aid  Roe  that 
was  a  convenient  place  to  do  the  trick  in  (by 
which  this  examinant  nnderstood  the  attempt 
upon  the  king*  and  duke)  and  that  be  the  said 
Gibbons  would  engage  to  be  one  in  it. 

And  this  examinant  further  saith^  That 
about  a  ibrtnight  before  the  king's  return  from 
Newmarket,  when  the  attempt  was  resolved 
'on  to  be  made,  Mr.  Ferguson  told  this  exami^ 
Aant,  that  the  duke  of  Monmouth  and  srverai 
lords  should  be  invited  into  the  city  to  a  dinner, 
the  same  day  that-the  king  was  to  return,  so  as 
tiicy  might  be  ready  to  appear  in  the  city  upon 
the  arrival  of  the  news,  and  the  said  Ferguson 
told  this  exammant,  that  some '  preferment 
waa  designed  for  this  examinant  to  considei'  and 
give  him  a  note  of  auch  laivyers  as  this  exa-* , 
minant  thouvrht  fit  to  be  and  would  accept  of 
hein|;^  judges,  but  this  examinant  only  smiled 
at  his  vanity  and  never  gave  the  said  iMerguson 
any  such  account.  Robert  West. 

27Juniil683.  Capt. 
et  recognit.    Coram  me,  F.  North,  C.  S. 


The  further  EXAMINATION  of  ROBERT 
WEST  of  the  Middle-Temple,  Barrister 
at  La>v. 

^  And  this  examinant  further  saith,  That  at 
"  one  of  the  meetingrs  held  for  managing  the 
business  of  the  assmssination  of  the  king  and 
duke  in .  their  Newmarkei  journey,  there  was 
some  discourse  about 'gettiug  the  arms  down 
to  Mr.  RumbahPs  house,  and  the  said  Rum^r 
bald  first  proposed  to  put  them  up  in  long 
chests,  ana  send  them  down  by  some  empty 
carts  from  8mithfield,  and  afterwards  he 
thought  to  make.use  of  two  tnisty  watermen 
of  bis  acqu  <intance,  who  should  lay  them  in 
the  boat,  and  carry  oysters  over  them  (as 
comeiiines  tHey  used  to  carry  oysters)  up 
Ware  river,  andlalid  them  at,  or  near  his  own 
house;  or  else  every  man  was  to  carry  his 
own  arms,  under  bog  coats  :  but  no  particular 
way  was  resolved  on,  but  such  was  to  bo  useil, 
as  hIioiiM  aj»;)ear  most  safe,  and  at  the  same  or 
some  other  me^'ting  for  the  same  uurpti5«,  it 
was  discoursed  how  the  men  should  get  down 
UTiol)servol,  and  it  was  thought  best  that  they 
should  go  from  Loudon  in  the  evening,  in 
amall  nu:«l>ers,  so  as  to  arrive  at  the  place 
about  midnight  and  go  into  an  empty  house 
near  R»iml)ald*s  own  house,  where  their  horses 
should  be  put  into  a  barn  and  be  refreshed, 
and  RnmbiJd  \vas  to  spnd  away  his  servants 
early  to  market,  and  his  wile  and  daughter  he 
resolved  to  lock  up  abovr  staii-s :  but  the 
greatt^st  iliflioulty  was  how  these  men  should 
get  off  after  the  business  was  done  ;  tlie  road 
might  be  full  and  the  party  cut  o(f  by  some 
force  that  might  come  from  Lonuon,  and  there- 


fore Rumbald  propolMd^  that  if  he  survived  ih« 
action  or  were  not  disabled  in  it,  to  bring  them 
a  back  wav  over  the  meadows,  and  over  Hack- 
ney-Marsn  (to  the  best  of  this  examinants  re- 
membrance) which  lie  said  was  a  very  good 
way,  and  all  of  it  to  be  galloped,  and  by  diat 
means  they  might  get  to  London  as  soon  as 
the  news  could.  Or  else  the  said  Rmnbald 
offered  that  tbe])arty  should  retire  into  his  own 
yard,  wliicb  was  walled  in  with  a  hig^ 
wall,  and  moated  round,  which  he  would  on* 
dertake  to  defend  against  any  force  that  could 
assault  them,  and  Mfore  night  he  thought  all 
would  be  dispersed  and  shifting  for  themselves^ 
and  the  road  be  clear  to  London,  but  whicb' 
course  he  would  take  was  Ictl  to  his  discretiim; 
as  thecircdmstanoes  of  the  case  should  require. 
.  And  this  examinant  further  saith  that  the 
several  ways  proposed  to  surprize  and  take  the 
Tower  of  London  were  these  to  the  best  of 
this  examinani's  remembrance,  one  was  to  send 
ten  or  twdve  men  armed  with  pistols^  pocket^ 
daggers  and  pocket  blunderbusses  into  the. 
Tower  under  the  pretence  of  seeing  the  ar- 
mory, another  number  should  go  to  see  tlie 
lions,  who  by  reason  of  their  not  going  inta 
the  inner  gate  were  not  t6  have  their  swordtf 
taken  from  them,  tliat  the  persons  who  went 
to  see  the  armory  should  return  into  the  tavern 
or  Sutler's  bouse  just  within  the  gate,  and  there 
eat  and  dpnk  till  the  time  for  the  attempt  wns. 
come,  that  some  persons  should  come  in  a 
mourning  ooadi  or  some  gentleman's  coach  ti» 
be  borrowed  for  this  occasion  under  pretence 
of  making  a  visit  to  some  of  the  lord^  in  the 
Tower,  and  just  within  the  gate  some  of.  the 
persons  issuing  out  of  the  tavern  should  kill 
one  of  tlie  iiorses,  and  overturn  the  coach  bo 
as  the  gate  could  not  be  shut,  and  the  rest  of 
the  persons  within,  and  those  who  went  to  see 
the  lions  should  ^t  upon  the.Guards,  that  upon 
a  signal  of  the  coach  driving  down,  a  party  of 
men  (two  or  300  or  more  it  they  could  be  got, 
and  were  to  be  knlged  in  empty  houses  to  be 
hired  for  that  purpose  as  near  the  Tower  as 
could  be  had)  should  be  ready  to  rush  out,  and 
upon  the  noise  of  the  first  shot  immediately 
run  down  to  the  gate  and  break  in,  this  way  if 
at  all  put  in  execution  was  to  be  in  the  day 
time  about  two  o'clock,  because  afier  dinner 
the  officers  are  usually  dispersed  or  engaged 
in  drinking,  and  the  soldiers  loitering  from 
their  arms.  i 

Another  way  proposed  was  that  seveial  n^en 
should  enter  actions  against  one  another  in  St. 
Catherine'^  court  held  for  the  Tower  Liberty 
within  the  Tower,  and  that  at  the  Court  day 
at  which  time  ^^reat  hberty  is  allowed  to  all 
persons  to  comcm,  a  party  of  men  shcMiId  so 
as  plaintifis  and  defendants  and  witnesKs,  wno 
joined  with  some  others,  who  should  come  in 
under  pretence  of  curiosity  as  abovementionedf 
should  attempt  the  surpiize,  and  be  seconded 
by  the  party  from  the  hired  houses,  and  to  the 
best  of  this  examinant's  remembrance  a  coach 
was  likewise  to  be  made  use  of  in  this  case, 
and  at  one  of  the  late  meetings  for  carrying  on 


409]      STATE  TRIALS;  95  Cqarisbs  IL  l6%3.-^far  tke  Rge^H&usc  Phi.      [410 


tlie  hat  iiuunrectkm,  Mr.  Ooodeaoogh  re- 
ported, that  an  eii§fineer  toM  the  said  Good- 
enough  that  he  would  recommend  aome  honest 
stout  fellows  to  be  labourer^  and  workmen  in 
the  Tower,  who  should  be  acquainted  with  the 
design  and  ready  to  assist  in  it. 

Another  way  proj^osed  was  to  surprize  it  by 
Bi^ht,  but  that  was  tuil  of  difBcidty,  and  all  that 
this  exaoHoant  remembers  to  have  been  pro- 
posed was^  that  a  parcel  of  faggots  should  be 
carried  down  to  the  gate  and  fired,  and  to  some 
other  ^rt  (this  examinant  thinks  the  water 
gpUe)  if  it  were  practicable,  and  a  great  quan- 
tity of  faggots  should  be  prepared  to  throw 
into  the  £tch  and  to  make  up  works.  That 
which  most  perplexed  the  business  was,  that  to 
boiprize  the  Tower  by  night  was  very  difficult, 
and  to  heB[in  an  insurrection  in  the  day  time 
was  as  dimcult  and  would  lose  many  advau- 
ti^es  that  the  night  or  break  of  day  would 
am>rd,  and  theretbi*e  no  .resolution  was  taken  ; 
theae  were  only  the  debates  of  the  meetings 
of  this  examinant  and  the  other  persons  in  his 
former  examination  named,  but  this  exami- 
nant never  heard  what  the  principal  managers 
considered  of  or  resolved  on  in  the  case. 

And  this  examinant  further  saith  that  Mr. 
Ferguson  used  to  goby  the  name  of  Roberts, 
and  told  this  exi^minant  he  was  to  go  for  Hol- 
land w  ith  or  soon  after  the  bills  for  the  money 
to  be  paid  to  the  Scots,  and  that  the  intention 
was  to  land  the  arms  at  Edmburgh  Frith  to  the 
best  of  this  examinant's  remembrance. 
^  And  this  examinant  further  saith  Mr.  Wil- 
liam Rumbald  told  this  examinant  thataftei*it 
was  violently  suspected  that  Mr.  Keeling  had 
made  a  disooverv,  but  l\ad  denied  it,  it  was 
vroposed  to  Mr.  Keeling  for  the  satisfaction  of 
nis  friends  that  he  should  go  into  the  countr^t 
for  some  time  (where  it  was  easy  to  kill  him 
and  bory'him  privately.) 

And  this  examinant  fortharsftkh,  That  after 
it  was  eertainly  known  that  a  discovery  was 
made,  it  was  said  by*  Mr.  Wade  to  the  best  of 
this  examinant's  remembrance,  that  if  1,000 
men  could  be  got  together,  it  were  better  to 
veotore  a  push  nere  or  in  the  West  to  die  like 
men  than  be  banged  like  dogs :  to  which  it 
was  answered  by  colonel  Romzey  as  this  exa- 
minant believes,  it  is  in  vain  to  think  of  it,  the 
hearts  of  the  people  are  down  and  our  great 
men  aregood  for  nothing,  or  used  expressions 
tothateflect. 

And  this  examinant  fnrther  saith,  That  on 
Monday  was  sen'night  last  Mr.  Ferguson  per- 
oeivine  this  examinant  much  ^mected  and 
cokmd  Romzev,  Mr.  Wade,  Mr.  Norton, 
Goodenoneh  and  Nelthrop  in  some  confusion, 
knght  ana  said  to  theni,  Gentlemen,  you  are 
strangers  to  this  kind  of  exercise,  I  have  been 
naed  to  fly,  I  will  never  leave  off  as  long  as  I 
live,  and  1  hope  to  see  some  of  you  at  Dui^r 
before  Michaelmas  or  to  that  efiect. 

ROBSBT  WE9T. 


The  farther  EXAMINATION  of  ROBjBRT 
WEST  of  tl^e  Middle  Temple,  Barrister 
at  law. 

This  examinant  farther  saith.  That  at  some 
meeting?  oonceming  a  general  insorreotion  ii' 
mtaa  disbursed  that  a  bmly  of  500  horse  would 
be  necessary  to  sooor  the  streets  to  prevent  the 
king's  party  from  embodying,  and  ibr  fighting 
the  horfie  guards,  or  f^r  a  pursuit,  and  to  tha| 
end  it  was  preposeii  that  some  enJeavourf 
should  be  used  to  bring  up  a  party  of  horsn 
irom  the  adjacent  ceunti^,  and  that  some  meaoff  • 
should  be  thought  on  to  seize  the  life*guai4 
mens  horses  in  their  quarters,  and  the  citizemi 
andgentlemens  horses  in  the  livery  stables,  and 
if  there  were  success  and  a  great  body  of 
horse  should  be  necessary,  the  great  number  of 
hackney  coach-horses  in  town  would  make  a 
good  force.  It  was  farther  proposed,  that  ha^ 
ricadoes  should  be  made  in  i^veral  great  streets, 
and  several  churches  he  used  for  lodging  the 
men. 

And  this  examinant  farther  saith.  That  al 
some  of  the  said  meetings  it  was  reported  that 
the  king's  regiments  of  foot  had  not  their  full 
complement  or  men  but  wanted  a  great  nam* 
her,  and  that  the  officers^  used  to  lend  one  ano- 
ther men  when  they  went  upon  the  gfuard,  and 
therefore  the  foot  were  not  so  terribS  as  might 
be  apprehended. 

And  this  examinant  ftirther  saith,  That  it  was 
intended  in  the  beginning  of  the  general  insnr* 
rection  in  the  west  to  send  out  a  party  of  hofce 
to  seize  the  marquis  of  Worcester  now  duke  of 
Beaufort,  and  his  eldest  son,  and  another  party 
to  seize  the  bishop  of  Bath  and  Weils,  and  some 
other  eminent  men  of  that  party,  if  they  were 
then  in  those  parts. 

And  this  examinant  further  saith.  That  some 
time  before  Christmas  kkst  he  was  informed  by  ' 
Mr.  Roe  to  the  best  of  this  examinant's  remem* 
brance   that  the  country  expected  the  city 
would  have  been  in  arms  on  Michaelmas  eve 
when  the  present  sberitis  of  London  and  Mid- 
dlesex were  sworn,  and  that  he  was  credibh^. 
informed  that  there 'were  500  horse  in  the  uSi" 
jacent  counties  ready  to  be  marched  to  their 
assistance  upon  the  first  notice,  and  that  they. 
continued  in  a  readineU  for  two  days  expecting 
notice,  but  the  examinant  doth  not  remember 
that  he  named  any  person  from  whom  hnhad . 
this  information. 

And  this  examinant  further  saith,  That  Mr. 
Fer^son  told  this  examinant  that  some  mm- 
conforming  ministers  had  told  him  they  nif«- 
pected  he  was  driving  on  a  design  to  amaasio 
nate  the  king  and  duke,  and  begged  of  him  te 
desist,  for  that  it  would  bring  a  rqiroach  upon 
the  Protestant  Religion  whatsoever  the  event 
might  be,  and  tliat  he  was  forced  to  assure 
them  there  was  no  such  thing  intended,  but 
alas,  said  he,  they  are  weak  silly  men  and  not 
fit  for  these  things  who  cannot  distmgnish  he-  • 
tween  destroying  a  prince  merely  for  his  opi- 
nio6  in  reUgion,  and  destroying  tyrants  wh* 
design  to  overthiow  the  laws,  religion  and  aU 


411]     STAT£  TftlALS,  35  Charles  II.  \68^.^Introdlieiiim  io  tie  TtwIb     {41S 


oivi)  rigbtB  ftod  bate  the  nadon.  It  is  a  pious 
glorioas  action,  and  such  as  will  teacn  all 
princes  to  use  their  subjects  kindly,  or  to  that 
effect  Rob.  West. 


The  further  EXAMINATION  of  ROBERT 
WEf^  of  the  Middle  Temple,  Barrister 
.  at  Law. 

This  ezaminant  upon  further  recollection 
■aith,  That  after  capt.  Walcot  had  acquainted 
tlus  ezaminant  of  the  insurrection  intended  to 
have'  been  made  in  NoTcmber  last,  the  said 
Walcot  came  a  second  time  to  this  examinant 
and  told  this  ezaminant  that  the  lord  Shafts- 
bury  bad  prevailed  with  him  to  engpage  in  it, 
and  that  if  it  proceeded  he  ^ould  engage  in  it, 
and  desired  this  examinant  to  buy  for  him  the 
said  Walcot  a  long  stiff  tuck  of  some  cutler  this 
ezatninant  knew,  which  this  examinant  under- 
took and  bespoke,  but  was  so  long  before  he 
could  procure  it,  that  the  said  Walcot  had 
Mherwise  provided  himself,  and  the  design  was 
laid  aside  nrat,  and  this  examinant  was  forced 
to  keep  the  said  tuck,  the  cutler  refusing  to  take 
it  agam. 

^d  the  said  Mr.  Walcot  told  this  examinant 
to  the  best  of  his  remembrance,  that  the  lord 
Shaflsbury  had  formerly  sent  for  sir  George 
Cambei  and  sir  John  Cockran  about  settling  a 
Scotch  colony  or  plantation  in  Carolina,  but  he 
believed  that  was  only  a  pretence,  and  that  the 
real  truth  ^w  as  to  concert  matters  in  order  to 
some  design  in  Scotland^,  for  the  lord  Shafts- 
bury  had  sent  for  him  upon  pretence  of  some 
command  in  Carolina,  but  when  he  came  the 
lord  Shaftsbury  was  very  cool  in  it  And 
this  examinant  further  saitb.  That  the  said  Mr. 
Walcot  refused  a  long  time  to  act  in  any  wise 
in  the  attempt  upon  the  king  and  duke  in  the 
Newmarket  journey,  but  at  length  by  the  per- 
suasion of  Fergnson  as  this  ezaminant  believes 
he  undertook  to  command  the  party  who  were 
to  fight  the  guards  or  to  be  one  of  them,  bvkt 
refused  to  act  in  the  assassination  itself. 

And  this  examinant  further  saith.  The  said 
Ferguson  tokl  this  examinant  that  when  the 
earl  of  Argyle  was  in  England  last  year  be  had 
offered  to  make  a  sturdy  commotion  in  Scot- 
land  if  he  might  hsve  had  but  6,000/.  (fot*  so 
low  be  came  down  /romhis  first  ^demand 
of  30  or  40,000/.)  but  our  (^preat  men  were 
jealous  of  him  then  and  would  not  trust  him, 
though  be  ofiered  that  they  should  employ 
whom  they  would  themselves  to  lay  out  the 
money  in  arms,  which  he  said  was  a  great 
oversight  and  opportunity  lost  And  this  exa- 
minaDt  believes  the  assassination  of  the  king 
and  duke  designed,  in  October  last  was  project- 
ed and  abetted  by  the  late  earl  of  Shaibbury, 
and  that  the  money  in  one  of  tliis  examinani's 
former  ezamiDations  mentioned  to  be  advanced 
for  that  design  was  advanced  by  the  said  earl, 
because  this  ezaminant  had  heard  (but  cannot 
say  positively  from  whom)  that  the  said  eaH 
complained  of  having  been  ill  used  in  that 
matter,  in  the  moniy  not  being  returned  though 
it  waa  not  laid  oa&. 


INFORMATION  of  CARLETON  WHIT- 
LOCK,  July  5, 168S. 

Mr.  West  sometime  in  Easter  term  last  in 
the  court  of  requests  told  roe,  Tliat  some  despe^ 
rate  fellows  had  designed  to  have  killed  the 
king  as  he  came  last  from  Newmarket,  if  th^ 
hadnot  been  afraid  that  the  duke  of  Monmoatn 
would  have  hanged  tbem.  Upon  which  I  told 
him  that  it  had  Men  a  villanous  action,  and  that 
all  mankind  would  have  detested  the  action  and 
the  murderers,  and  that  if  it  ever  had  been  in 
the  duke  of  Monmouth's  power  he  would  cer- 
tainly have  hanged  tbem  for  it,  if  they  had 
done  it.  He  told  me  afVerwards  that  there  was 
a  design  of  raising  a  considerable  sum  of 
money  to  buy  arms,  as  I  remember  in  Hol- 
land^ and  that  major  Wildman,  col.  Algernoon 
Sidney^  and  Ferguson  managed  the  business, 
and  Uiat  my  lord  Russel  was  very  active  in  it, 
or  words  to  that  effect,-  and  that  writings  were 
drawn  or  drawing  or  to  be  drawn  for  the  taking" 
up  of  the  money,  as  1  remember  he  said  Fer- 
guson wns  to  manage  on  the  behalf  of  th^ 
Scots.  This  be  told  me  at  his  ^ouse  One  day 
when  I  dined  with  bih,  but  upon  my  not  exa- 
mining him  to  particulars,  he  said  notliing  to 
me  but  thus  generally  ;  only  at  bb  bouse  h« 
said  that  some  of  them  were  for  a  common- 
wealth nnd  others  for  a  monarchy. 

At  Mr.Shutc's  funeral  in  the  public  room 
Nelthrop  came  to  me  and  asked  me  for  some- 
thing for  poor  Fei^pison,  as  he  called  him,  and 
told  me  he  was  doing  a  good  work  for  all  ho- 
nest men ;  I  told  hini  I  would  give  nothing  to 
any  man  for  doing  work  I  did  not  know  oi. 

C.  WnnxocK- 


Mr.  EDMUND  WALLER'S  CONFESSION. 

I  did  once  meet  Mr.  West,  I  do  not  know  the 
certain  time,  and  he  railed  so  much  at  those  he 
called  Protestant  lords,  that  I  asked  him  if  be 
would  have  them  be  rebels,  and  told  him  that 
such  men  as  he  and  nothing  else  could  ruin  the 
kingdom ;  this  was  in  the  Temple  before  the 
ball,  the  last  and  only  other  time  that  I  ever 
spoke  .wiUi  him  in  private,  that  is  alone,  for  we 
walked  in  the  Temple  cloisters:  I  met  him 
there,  and  he  told  me  that  some  people^  not 
naming  himself  as  one,  had  had  a  design  to  aei 
upon  the  king  (I  am  not  certain  whether  he 
named  Newmancet)  but  he  said  it  was  over,  I 
went  from  him  hastily  and  only  said,  These 
things  will  hang  you  and  undo  a  great  many 
other  people,  as  1  remetibber  when  he  said  there 
had  been  such  a  design,  I  told  him  I  did  not 
believe  it,  and  then  he  said  it  was  to  have  beem 
done  as  tbeking  came/rom  Newmarket,  and  was 
going  ^n  to  say  more,  but  I  interrupted  him  and 
went  away,  and  I  bdieve  he  was  jealous  of  mc, 
for  he  called  after  me  and  said  there  wa^ 
no  danger ;  this  was  as  I  think  the  Saturday 
befbrethis  conspiracy  was  spoken  of  in  W^est- 
minster-had. 


July  6, 1G83. 


Edic.  Waluoi. 


413]       STATE  TRIALS,  SS  Charlis  il.  l68S^ar  ike  Rye-Hauie  PUi.      [iu 

J,^,na^  or  ZACHARY  BOURN.  ^^SgrwJl^ili'.o'^l^iSwS; 

for  we  co|]]d  not  teQ  but  oar  thiioato  mi^hl  be 
cut  every  night.  I  asked  him  how  he  eouU 
tell  all  this?  He  told  me  that  they  had  a 
^preat  (leal  of  inteUigenoe  iroai  the  Tory  party, 
tor  there  were  some  that  were  wilting  to  play 
a  sure  ^game  and  so  keep  in  with  both  sides. 
Some  little  time  af\er  this  there  came  one  BIr. 
John  Jtow  that  was  sword-bearer  of  Bristol 
with  one  James  HoUoway  of  the  same  place  • 
merchant, to  enquire  fq^  Fergusoo,  but Bewas 
vnV illing  to  see  him :  Then  Row  asked  me  to 
go  and  give  him  a  dish  of  coffee,  which  I  did, 
and  Jaipes  HoUoway  gave  me  an  account  pf 
the  posture  of  affairs  at  Bristol,  which  I  won- 
dered at,  being  the  first  time  that  erer  I  saw 
him,  Tiz. 

That  they  had  been  ready  this  two  or  three 
months,  that  there  was  but  8  in  Bristol  thai 
knew  of  it,  that  he  had  bad  some  cannon  he  had 
taken  out  of  some  ships  ihe  if  as  concerned  fn 
had  lain  tb^ere  so  long  he  ^as  afraid  they . 
would  mistrust  something,  that  he  had  great 
plenty  of  oowder  and  bullet  in  his  own  house, 
and  that  tney  had  a  couple  of  ships  there  that 
would  carry  40  guns  a-piete  which  they  in- 
tended to  seize  the  first  nshig,  and  fit  oat  to 
sea,  and  then  their  manner  of  getting  tog«^- 
ther  was  thus ;  some  of  those  8  had  honses 
out  of  town,  where  they  would  get  all  of  the 
town  they  thought  were  for  their  purpose )  the 
dissenters  under  pretence  of  a  meeting,  and 
the  others  under  some  colour  or  other,'  and  then 
tell  them  the  design,  and  if  they  would  not  go 
'with  them  t|iey  would  secnr^  or  force  them, 
and  that  they  would  seize  all  the  head  men  of 
the  contrary  party,  which  were  n6t  above  30 
in  all,  aDd  that  they  %vou1d  post  men  at  th^ 
comer  of  every  street  so.  tliat  there  should  not 
a  man  btir  without  they  pleased. 

And  that  to  their  assistance  they  should  hav« 
some  colliers  out  of  King  Road,  and  som^ 
Scotch  nedlars  that  were  about  the  country^ 
many  or  whom  were  of  Bothwel-bri^e. 

He  said  further  that  the  king  would  hav^ 
by  the  time  they  begun  a  great  many  thour 
sand  pounds  that  they  would  seize,  and  that 
there  was  a  great  many  of  the  Tory  party  that 
had  a  great  sum  of  money  by  them  which  tliey 
must  borrow,  and  that  there  was  not  a  good 
horse  within  5  miles  aliout  them  but  they  knew 
where  to  have  him ;  that  they  wanted  but 
SOO  muskets,  for  they  thought  they  should 
have  more  men  than  arms,  which  be  wa^ 
come  up  about,  which  he  hoped  die  lords 
would  help  them  to,  but  if  they  could  hot,  M2^. 
Wade  would  lend  them  the  money  to  buy 
them,  and  that  he  should  pack  them  up  in 
parcels  of  goods  and  send  tliem  by  the  carrier 
to  his  house:  Mr.  Wade  told  me  himself  ha 
would  do  it,  that  is  lend. the  money,  but  it  was 
some  time  aft^*  this,  Mr.  Row  set  by  and  ap- 
proved what  Holloway  said  to  be  true ;  after 
this  I  went  down  to  the  WeUs,  and  staid  aWut 
a  fortnight.  When  I  came  home  agaio  Mr. 
Wade  came  to  me  and  told  me  I  must  promift 


Richard  Goodenoagh  bringiog  Mr.  Fei^- 
ion  ahaa  Roberts  (for  that  name  he  used  to  go 
ky)  to  my  bouse,  it  was  a  great  wlu'le  ere  I 
ondeistood  any  thinc^  at  all  of  the  design,  but 
10  many  coming  to  him  daily  as  did  made  me 
jealous,  I  did  imagine  something  of  it,  upop 
which  he  took  an  occasion  one  day  to  ask  what 
I  thought  about  the  gentlemen  that  isame  so 
sAen  to  him,  and  then  savs,  admit  there  should 
be  a  design  on  foot  for  tbe  gooid  of  the  P^pl^ 
of  Engfond  would  vou  be  against  it  r  To 
which  1  answered,  if  I  can  &  it  with  a  safe 
coDscienoe  I  could  not  tell  well  what  I  should, 
be  persuaded  to.  As  to  that,  says  he,  I  shall 
easdy  satisfy  you,  and  then  wen^  on  to  prove  a 
mutual  covenant  between  the  king  and  the 
people,  that  his  majesty  had  broke  it  on>  hb 
lide,  so  the  people  were  a^in  at  liberty ;  but 
to  that  matter,  says  he,  as  mdeed  I  will  he  plain 
with  you,  if  you  love  yourself  you  must  come 
hi,  for  there  is  a  desi^  on  foot  so  laid,  and  so 
&r  gone 'that  it  is  impossible  it  should  fail. 
Then  I  desired  him,  if  he  thought  it  conve- 
nient, to  let  me  know  some  particulars,  which 
he  said  he  would,  provided  I  would  promise 
him  secrecy,  but  especially  I  should  say  no- 
thing to  my  filler  or  vrife,  for  he  thought  I 
wooul  not  speak  to  any  body  else,  upon  which 
1  fiud  I  would,  and  then  he  was  plain  as  he 
Aid,  and  told  mc  as  follows. , 

Tliat  there  was  not  a  county  in  England  but 
had  prepared  for  the  business  less  or  more,  but 
especially  in  the  north  and  west,  and  that  they 
were  sure  of  most  places  pf  strength  through- 
out the  kingdom,  but  especially  Bristol  and 
Newcastle,  ukI  that  they  were  then  a  consider- 
ing how  to  secure  Portsmouth,  but  were  afraid 
they  should  not,  the  garrison  was  so  strong. 

And  Uiat  the  Scots  were  to  stir  at  the  same 
time  we  were,  and  that  we  were  to  lend  them 
10,000/.  to  be  remitted  into  Holland  to  buy 
arms  for  them  ;  and  that  he  was  to  go  over 
with  the  bills  of  exchange ;  that  he  found  out 
a  person  could  deposit  the  money  upon  good 
security,  which  the  lords  had  promised  should 
be  given ;  that  there  was  a  Dutch  merchant  or 
two  tliat  he  had  got  to  provide  the  anUs,  for  the 
English  could  not  do  it  without  suspicion. 

Inen  I  asked  him  who  the  lords  were  ?  He 
told  me  there  was  the  duke  of  Monmouth,  lord 
Grey,  lord  Russel,  and  miyor  Wildman,  and 
eol.  Sidney.  I  told  him  I  wondered  the  duke 
would  be  persuaded  to  take  up  arms  against  his ' 
father,  for  my  part  I  should  be  very  unwilling  to 
trust  him ;'  He  answered  me  that  he  had  tlie 
ereatest  assurance  in  the  world  of  him,  and 
Siat  I  need  no  more  be  afraid  of  the  duke  than 
of  him. 

He  told  me  the  lord  Argile  who  was  to  com-' 
roand  the  Scots  was  of  my  opinion  too,  for  he 
had  a  few  days  before  sent  a  letter  to  him  to  be 
wen  satisfied  in  the  point,  and  that  he  had  sent 
him  such  an  answer  as  he  did  not  dpubt  would 
Sitis/y  him. 

Ht  told  me  tho  duke  of  York  had  14,000 


4)5]     STATE  lillAI^,  35  Cbarlks  IL  1685— Jkffv^ltoii  io  ike  TrUU    (4l6 


«ecrecy,  and  then  be  had  Mmethmff  to  say  to 
jne,  which  was  thatafliirs  were  setUed  ererv 
where  very  well  but  in  London,  and  thoagn 
the  kurds  had  a  design  to  let  tioadon  alone,  yet 
they  saw  there  wad  a  necessity  that  the  busi- 
ness must  be  done  effectually  in  London,  fojr 
if  they  let  that  alone^it  was  enough  to  raamtatn 
«  war  against  .the  whole  kingdom »  and  that 
their  firiends  here  would  he  all  ruined,  and  that 
in  order  to  the  securing  of  it  they  had  token 
this  metfiod  by  which  tfai^  might  know  their 
strength.  They  had  divided  the  town  intQso 
many  divisions  and  had  gftt  honest  fellows  to 
oansult  what  men  they  might  expect  out  of 
•v>^  dSfiaion,  and  that  they  had  no  body 
about  me  that  they  thought  could  serve  them, 
tad  ^erefore  desired  me  to  think  if  it  was  not 
possible  to  get  about  160  men  out  pf  Blooms- 
mny,  St.  Giles's,  St.  James's  and  Soho,  and 
ihait  i  might,  by  way  of  discourse,  ask  some  of 
my  aequamtance'if  there  should  be  oocaaoo  to 
del^d  ourselves  whethei*  they  could  not  find 
'Out  10  or  15  or  90  men  that  would  assist ;  that 
they  should  have  a  meeting^  again  in  9  or  3 
•days,  and  then  Re  woulil  give  me  an  account  of 
it,  and  I  should-  ^  to  them.  And  accordingly 
on  Friday  foUowmg  being  the  8th  of  June  to- 
ward ii^ening  he  came  and  fetcbt  me  oat,  and 
caiTied  me  to  the  Dragon  tavern  on  Snow-hill, 
where  I  met  colonel  Romzey,  Mr.  Robert 
West,  captain  Walcot,  Mr.  Norton,  Mr.  Wade, 
Richard  and  Francis  Goodenough :  then  1  was 
wAjtA  if  I  could  not  do  what  Mr.  Goodenough 
had  spoke  to  me  about,  and  was  desired  not  to 
say  any  thing  about  the  business  to  any  body  < 
in  direct  terms,  but  especially  to  any  of  tlie 
ministers,  for  West  saiv  they  Were  a  parcel  of 
rogues  that  had  ruined  the*  people  ever  since 
Constantine.  J  told  them  I  thought  Mr.  Mead, 
and  Mr.  Lobb  mieht  be  trusted,  and  that  they 
were,  if  they  woiud,  capable  of  serving  them  ^ 
very  much.  But  'they  would  not  hear  tt  then, ' 
but  the  next  meeting  which  was  on  Monday 
'die  llth  ditto  at  the  Salutation  in  Lombard- 
street,  they  did  think  it  was  necessary  Mr. 
Lobb  should  be  spoke  to,  but  not  directly, 
which  1  did,  for  the  next  day  I  went  to  him, 
and  talking  of  the  badness  or  the  times,.!  said 
there  was  out  one  way  to  help  ourselves,  and 
that  was  by  arms,  and  if  we  should  have  occa- 
sion to  do  so,  I  asked  him  where  he  could  find 
a  good  parcel  amongst  his  people '  that  he 
thought  would  stir.  He  told  tne  that  the 
spfaits  of  the  people  were  low^.but  he  did  be- 
beve  there  #as  a  pretty  many  of  them  that 
would  make  use  of  an  opportimity  if  it  was  put 
into  their  hands,  but  he  could  see  no  hopes  of 
■nch  an  opportunitv  as  yet,  we  were  too  great 
cowards,  nut  I  bid  him  not  to  be  out  of  hopes, 
and  86  pnr  discourse  ended,  for  his  wife  came 
m. 

The  next  meeting  which  was  on  Thursday 
Hie  l4tl^  ditto,  at  the  Draffon  on  Snow- hill, 
Richard  Goodenough  brought  in  an  account  of 
the  divisions  he  was  concerned  in^  which  was 
all  the  town  almost,  but  where  I  was,  and  at 
WeiStminster,  where  Mr.  Grange,  a  brewer,  was 

8 


eoncenied,  but- he  nenrer  met  with  us,  but 
Goodenouffh  said  he  promised  200  men,  and 
would  be  free  of  his  purse.  At  this  meetingv 
they  resolved  on  this  which  had  been  oopsulted 
before,'  j[for  now  they  began  to  be  sure  of  the 
design,  ror  Aey  had  a  probability  of  8  or  9,000 
men  fifom  the  account  Goodenough  gave  in 
and  others)  that  WhitehaU  should  be  secured, 
and  the  manner  thus :  That  the  men  in  West- 
minster should  be  ready  to  make  an  attack  on 
that  side,  that  they  would  get  about  100  sea- 
men that  should  come  up  m  long-boats  with 
hand-graaadoes  and  should  attack  that  part 
next  the  wator,  and  that  a  party  of  about  60O 
should  come  down  by  Charing- cross,  part  of 
which  should  secure  the  Mews,  and  me  real 
mareh  down  and  surprize  the  Guards  in  their 
sleep,  for  it  wais  to  have  been  about  one  or  two 
in  the  morning,  and  that  all  the  chief  ministers 
of  state  were  tu  be  secured,  the  lord  mayor  and 
the  sheriffs,  and  some  of  the  aldermen,  another 
party  to  secure  the  Savoy  and  Somerset- house, 
and  that  in  Covent  -garaen  and  Linooln*s-inii- 
fields  were  to  be  bodies  of  men  to  be  ready  to 
give  assistance  if  need  were,  and  that  all  the 
expedition  iraaginabie  was  to  be  made,  for  now 
it  was  put  into  the  hands  of  a  great  many,  and 
there  was  danger  of  a  discovery.  Mr.  Good- 
enough  told  us  that  day  that  he  had  met  with 
an  engineer  that  would  do  strange  things  about 
taking  the  Tower,  and  that  he  had  six  or  seven 
mortar  pieces  that  belonged  to  the  Tower,  and 
that  he  would  take  care  to  keep  them  tbia 
month  or  six  wrecks;  at  ihat  time  Mr.  Weat 
lOifd  he  thought  I  must  secure  my  neighbour, 
meaning  the  lord -keeper,  but  I  told  him  I 
would  do  no  such  thing  as  to  fall  on  a  neigh- 
bour ;  truly,  he  said,  he  should  be  very  wi]hn|f 
to  <^me  to  account  with  him,  and  if  he  did  he 
should  put  him  in  mind  of  Colledge.  At  this 
time,  Goodenough  said  tbc  people  that  he  had  ^ 
spoke  of  the  matters  to,  desired  they  mie^bt 
know  what  they  must  trust  to,  for  if  tlie  design 
was  only  to  change  persons  they  had  as  good 
YkVLYe  the  lather  as  the  son,  and  therefore  de- 
sired some  heads  might  be  thought  on  and  car- 
ried to  the  duke  to  be  signed  by  him  the  night 
before  the  design  began,  and  these  five  things 
were  resolved  on : 

1.  That  the  militia  should  be  in  the  hands  of 
the  people. 

2.  That  they  should  choose  their  own  she- 
riffs in  every  countyi 

3.  That  we  should  have  a  parliament  once  a 
Year,  and  that  they  should  sit  as  long  as  they 
had  any  tbinor  to  do. 

4.  That  they  shQuld  have  liberty  of  con- 
science. 

5.  That  an  the  nobility  of  England  that  had 
acted  contrary  to  the  mterest  of  the  people 
should  be  de^^ded. 

Mr.  Wade  was  to  put  these  in  writii^,  and 
carry  them  the  next  morning  to  col.  Romaey, 
who  was  to  go  to  the  duke  with  them,  which 
he  did,  and  on  Saturday  tlie  ICth  ditto,  at 
the  George  and  Vulture  on  Ludgate-htll,  he 
brought  us  this  account,  that  he  was  to  wait 


4it}      STATE  TRIALS,  35  CiiAfttvs  II.  1683.*-/^*  ike  S^^Htnue  Phi.      [41» 


iNi4ie  duketvrice  Mbre  he  ooaM  ifMak  witir 
Um,  bot  at  last  did ;  that  the  duke's  answer 
ins,  that  all  of  them  were  things  of  moment, 
and  diat  they  could  not  be  done  without  a  par- 
liunent  bat  niiist  be  left  to  them,  that  he  would 
do  what  lay  in  bis  power  towards  the  obtaining 
tbemi,  but  there  being  word  brought  to  one 
Lee,  a  dyer,  in  St.  Cues  Cripple-gate  parish, 
Aat  there  was  high  treason  sworn  against  hira 
and  Riehard  Go<raeiiough,  Goodenough  would 
Hot  coooe  to  us  that  night,  so  this  only  was 
cooeluded  on,  that  wc  should  meet  on  Monday 
at  the  CMle  tarern,  in  Fleet-street,  and  that 
asme  time  on  Monday  Mr.  Lee  and  Mr.  Wade 
Aonld  go  to  Mr.  West's  chamber  to  surrey 
the  mapk  of  the  town  to  find  fit  places  to  meet 
in  add  ffiTe  us  an  account  at  our  meeting,  but 

00  Sunday  they  had  an  account  all  was  dis- 
tinted  hy  one  Keeling,  whom  they  had  some 
jtnspicioti  of  some  days  before  ;  upon  Monday 

morning  they  met  at  captain  Tracy's,  where 
etptain  vValoot  lodged,  col.  Romzey  camd  to 
my  house  and  gave  Mr.  Ferguson  and  me  an 
account  of  it,  and  took  me  with  hhn  to  captain 
Tracy's,  where  they  consulted  how  to  retrieve 
the  businesB :  Most  were  for  poshing  for  it, 
aad  so  to  die  with  their  swords  m  their  hands ; 
and  another  way  was  proposed  I  tfiink  by  Mr. 
West,  to  kill  keeling  and  one  Dr.  Butler, 
which  I  think  cot.  Komnev  named,  who  was 
sttd  to  be  the  person  btod? nt  Keelingip  to  dis- 
cover, and  that  this  wooM  g^ve  them  such  a 
blow  would  nuike  them  afraid :  Tb^  manner 
9i  taldng'  Dr.  Butler  was  to  be  thus :  Some 
men  to  ^  to  him  (it  was  to  be  after  die  kiUing 
ef  Kedmg)  and  undertake  to  gire  him  an  ex- 
tutt  aocount  of  the  murder  and  the  rest  of  the 
plot,  and  so  to  meet  at  a  tavern  where  wsb  a 
convenient  room  fbr  the  purpose,  and  there  to 
have  assassinated  him,  but  i  left  them  in  the 
dispute  and  Went  not  again  till  morning ;  when 

1  came  there  they  were  sSi  gone  but  West, 
who  iiM  me  that  one  Rombalo  and  odier^  had 
baen  in  company  with  Keeling  all  the  day  be- 
ibre,  and  he  had  persuaded  them  into  a  belief 
he  had  swolni  nothiug  against  any  man,  and 
io  escaped  from  them,  though  this  raomiug 
dirr  found  to  the  contrary; 

At  one  time  taildug  to  Ferguson  about  this 
matter,  he  said  nothing  was  to  be  expected 
from  the  rich  old  citizens,  and  therefore  half- 
a-dozen  of  them  mutt  be  |aken  out  of  their 
bouses  and  hanged  on  their  sign  posts,  and 
their  honkies  given  as  plunder  to  the  mobile, 
and  tbat  wouM  scare  ttm  rest.'  Ahother  tiihe 
meeting  Roe  after  t|ie  dlfd  at  Newmarket  a 
great  while,  he  b^^  to  tktk  of  the  design  at 
Newmatlcet,  which  he  decttned  whcti  he  round 
I  was  ignorant  bf  it,  hut  by  him  and  others  I 
mderstood  aftetwaids  tb^t  there  wfLs  &  consult 
tevoal  ditoes  at  West's  chamber  agaihst  the 
Bf^  of  his  ms^esty,  and  that  in  order  thereunto 
West  hadhought  as  ti^any  arms  as  cost  about 
100/.  of  A'gtmsmith  iu  Shire-lane,  but  the  fire 
bttmenilig*pr^cnted  th<^  d^^n .  Another  dme 
talking  wi^  Roe,  he  said  there  was  no  way 
1^  kfppltajg^  that  tras  his  laajeMy  a&d  his  royal 

rou  tx. 


htghhess;  to  which  I  answered,  I  ncTef  a[^- 
proved  of  such  ways,  and  that^he  might  do  it 
himself  fbr  me  if  he  would  have  it  done,  upon 
which  lie  replied  he  would  be  one  with  all  his 
heart,  and  that  it  might  be  done  through  or 
over  my  lord  of  Bedford's  wall  as  his  majesty 
went'  to  the  play-house,  or  as  he  went  to 
Hampton-court  trom  Windsor.  At  another 
time  I  met  West  on  the  Exchange,  aud  he 
told  me  the  lords  weVe  all  a  parcel  of  rogues, 
and  Fer^usou  a  credulous  fool,  for  that  they 
would  tnck  upon  the  Scots  and  us  too,  diat  he 
had  laid  oat  a  parcel  of  money  fbr  arms,  aud 
thai  he  could  not  get  it  again,  which  I  told 
Ferguson  when  I  saw  him,  but  he  said  he 
shodd  have  it.  Sometime  afler  I  met  him  ia 
Lincoln's-inn-fieldS)  and  he  told  me  that  he 
had  a  note  to  one  maior  VFildman,  for  the 
monOy,  and  that  he  would  go  for  it  next  morn- 
ing, which  he  did ;  but  die  major  was  gon^ 
out  of  town.  Sometime  after  I  went  to  Mr. 
Owen's  in  Bloomsbury,  where  Ferguson  then, 
lodged,  and  there  I  asked  him  about  West's 
nioney,  he  told  me  he  had  Given  it  himself, 
for  it  was  sent  to  him  just^fore  Mr.  West 
came  in,  and  he  had  given  it  him.  On  Mon* 
day  they  met  at  captain  Tracy's,  Mr.  West 
gfSre  a  note  to  one  Tuttle'  to  ffp  to  the  gun- 
smith to  fetch  the  arms  he  ban  bought,  lest 
they  should  be  found  there,  and  carry  them 
to  one  of  the  plantations,  I  think  New  York^ 
whidiTottte  did  then  proffer,  if  they  would 
push  for  it  he  would  not  j[0  his  voyage,  though 
I  thmk  he  said  his  ship  was  at  Graveseud,  nor 
would  he  coihe  alone,  but  undertake  for  lOQ 
seamen  and  others  preseujtly. 

The  persons  that  used  to  c6m6  to  Ferguson 
were  sir  Thomas  Armstrong  very  often  some* 
times  two  or  three  times  a  day,  colonel  Rom- 
acy.  captain  Walcot,  Mr.  Wade,  Mr.  Noi-toh, 
Ricuard  Goodenough,  Richard  Nelthrop,  Mr. 
West,  Mr.  Charletou  with  a  wooden  leg,  Mr? 
John  Freak,  Mr.  Btancy  obce  or  twice,  Mr. 
Thomas  Shepherd  merch.;  jt,  sir  Robert  Rich. 
John  Starkly,  Mr.  Baily  a  Scotchman,  ana 

sir •  Camel,  and  a  great  many  more  of 

his  countryuiep/and  several  from  Wapping,  all 
whom  I  know  when  1  see,  also  Mr.  John  Ay* 
lofT  used  to  come  when  he  wW  in'town. 

Ferguson  told  me  of  a  certain  person  of 
quality  in  that  part  of  Irelabd  next  Scotland 
that  could  raise  tweifty  thousand  men,  an4 
that  he  had  promised  it,  I  a&ked  his  name  but 
he^ould  not  tell  me ;  he  told  me  it  was  Aaron 
Smith  was  sent  to  Scotland  about  this  business, 
aud  diat  he  hail  Uke  to  have  spoiled  all,  but 
that  the  person  to  whom  he  carried  the  letter 
went  to  tne  councO  and  shewed  them  a  letter 
he  had  about'  some  business  a£  Carolina,  anil 
asked  leave  to  come  to  London  about  it,  and  ss 
got  off  this  suspicion.  Zec.  Boubme. 

July  the  6th,  1683. 


Z£€.  BOURNE'S  further  l^ifonnaljoo. 

That  Mr.  Ba3v  the  Scotchman  sate  up  one 
night  with  Mr.  Ferguson,  and  he  went  several 

idjE 


4191     STATE  TRIALS^  35  Chaubs  II.  l683^/jilro2i<dtaii  to  %lu  TskiU     C4aO 


tiniet  Tvitfi  him  to  the  duke,  and  the  other 
lords,  that  Ferguson  lodgff^  at  several  olaoes 
a  few  nights  at  a  time  and  so  to  fny  liouse 
again,  at  one  IVIr.  Biqkei-staff)  a  sword  cutler  in 
Covent-Garden,^  at  a  German  doctor's  at  the 
Green  Posts  in  St.  Marti o's-lane,  and  Mr. 
Owen's  in  Eang-street  in  Bloomsburv. 

That  we  met  at  the  Salutation  in  Lombard- 
street  by  the  persuasion  of  captain  Walcot,  for 
&e  said  Mr.  Thomas  Shepheitl  would  meet  us 
ihere,  he, went  out  of  town  every  night  and  so 
could  not  come  further,  that  I  have  oHen  car- 
ded letters  to  the  Exchange  to  Mr.  Shepherd 
(rom  Ferguson,  that  he  used  to  cqme  onen  to 
my  house  to  him,  that  I  beliete  him  to  be  the 
man  was  to  return  the  ten  tboiisand  pound,  for 
Ferguson  told  me  he  had  a  great  oonespon- 
dence  with  several  merchants  in  Holland,  and 
that  he  did  return  my  lord  Shaftsbury's  money 
when  he  went  over.  » 

That  captain  Walcot  would  have  rookeito 
one  Mr.  Collins  an  Anabaptist  preacher  (he 
preaches  somewhere  in  Moorfields)  that  could 
assist  us  greatly,  but  they  would  not  hear  of 
it  being  a  parson. 

Mr.  West  told  me  that  Mr.  AloflT  was  at  the 
buying  the  arms  in  Sbear-bue,  and  if  at  the 
buying  I  suppose  at  the  contriving  the  use  for 
them,  that  two  or  three  days  before  the  disco- 
very was  made  by  Mr.  Keeling,  thinldng  the 
bnsiness  was  prettv  ripe,  Mr.  Norton  was  de- 
sired to  write  to  Mr.  Ayloff  to  come  to  town 
^hich  he  did. 

That  Ferguson  desired  me  to  tell  them  one' 
night  when  we  met^  that  he  must  haY^  &  PI^J 
to  seize  Mr.  L'Estrange.  for  \^  should  find 
strange  papers,  and  that  great  care  must  be 
tak^  to  secure  the  paper  office  at  Whitehall. 

Zec.  BoUftNE* 

' '  That  Feigoion  told  me  that  one  Mr*  Owen 
of  Orays-Inn  would  give  100/.  towards  the 
desigfn,  and  further  he  told  me  that  he  was  the 
Author  of  those  \mp  libds,  viz.  '<  A  Letter 
«  about  the  Black  Box,  and  a  Letter  concero- 
^<  ing  his  Miyesty 's  Declaration ;"  that  as  he 
walked  in  the  fidds  at  that  tine  the  discourse 
was  about  the  black  box,  it  came  into  lu9  mind 
lo  write  aboiit  it,  which  he  did  in  an  ale-house 
in  Chancery- lane,  and  that  afterwards  when 

'  his  mojesty'ii  declaration  came  oot  concerning 
the  duke  of  Monmoath,  he  finding  nobody 
t(H)k  notice  of  it  in  print,  resolved  to  write  an 
answer  to  that,  which  he  said  he  did  as  he  lay 
in  his  bed  one  morning,  and  further  told  me  he 
got  one  thrown  on  his  miyesty's  hat  as  he 
walked  on  the  terras  walk  at  Windsor,  and  an- 
•other  laid  under  his  pifiow,  but  would  not  tell  me 
who  it  was  had  so  diiposed  of  them  two  for 
him ;  and  farther  told  me  tiiat  the  duke  of 
Monmouth  ^ve  him  fi%  gfuneas  for  that 
fteoe  of  service,  and  so  hath  done  every  year 
since.  Mr.  Bethel  tiMt  Was  sberifT  of  London' 
wasQDoealmvboiuewilfa  Ferguson  awtliad 
«MBe  private  woouise  with  him. 

Zee.  BOVBHE. 


The  further  EXAMINATION  of  ROBEITr' 
WEST  of  the  Middle  Temple,  Barrister 
at  Law. 

This  examinant  upon  further  recollectioo 
saitb  that  at  the  meeting  for  carry  iDg  on  tb« 
assassination  of  the  king  and  duke,  it  was  re^ 
solfed,  that  sir  John  Moor  the  late  lord  mayor 
of  London  should  be  killed,  as  well  as  the  pre-* 
sent  lord  mayor  and  sheriffs,  and  that  if  the 
people  did  not  poll  him  in  pieces,  bis  sl^;o 
should  be  dead  off  and  stuft  and  hung  up  in 
Guild-Hall  as  one  who  betrayed  the  rights  and 
privile|[e»  of  the  city. 

^  And  it  was  further  resolved  that  Mr.  Papil- 
lion,  and  Mr.  Dubois  should  be  declared  she* 
riffs,  and  sir  Thomas  Gold  or  alderman  Cor- 
nish (but  this  e^^aminant  thinks  alderman  Cor- 
nish was  pitched  On  as  the  brisker  man)  to  b» 
lord  mayor,  and  that  thev  should  be  forced  to 
take  those  offices  upon  tnem,  and  if  they  re- 
fused should  be  knocked  on  the  head.  And 
sir  Robert  Clavton  and  sir  Patience  Ward,  who 
had  behaved  themselves  like  trimmers  in  their 
mayoralty,  and  neglected  to  repeal  several  by-- 
laws wherebv  they  might  have  prevented  sir 
John  Moor  from  being  lord  mayor,  should  bo 
forced  to  appear  publicly  and  own  the  fact,  or 
else  be  knocked  on  the  head. 

And  it  was  further  proposed  that  most  of  tho 
judges  should  be  killed  or  brought  to  trial  for 
their  arbitrary  judgments,  snd  their  akiiw 
stufl  and  hung  up  in  Westminster-hall. 

It  was  fhmer  said  by  colonel  Rumzey  to 
the  best  of  this  ezaminant's  remembrance,  that 
though  he  was  not  for  shedding  much  Mood, 
there  would  be  a  necessity  of  taking  off  some  of 
the  chief  abhorrera  and  addressers  in  most 
counties,  otherwise  they  would  be  making 
head,  but  this  examinant  was  of  opinion  diat  » 
public  declaration  of  safety  to  their  persons  and 
esti^  if  they  would  submit,  was  a  better  ex- 
pedient and  would  win  more  upon  the  pecmle  ; 
and  it  was  further  resolved  that  some  or  the 
principal  reputed  pensioners  in  the  late  lone 
parliament  should  be  brought  to  trial  and 
death,  and  that  their  skins  should  be  stuft  and 
hung  up  in  the  Parliament  House  as  betrayers 
of  the  people,  and  of  the  trust  It  was  pro-' 
posed  tnat  bishops,  deans  and  chapters  should 
be  wholly  laid  aside,  but .  no  resolution  was 
taken  conceminjgf  their  lands,  because  the  pre- 
sent tenants  miyfht  be  induced  to  submit  in 
h<^pes  of  preservmg  them,  and  would  Imb  sure  to 
stniggle  if  they  saw  they  must  lose  them»  and 
those  who  had  those  lands  in  thB  late  timet 
would  be  sure  to  engage  ip  armc^for  us  or  sub* 
mit  in  hopes  ofhaving  those  bmds  again.  Some 
discourse  was  had  of  applying  ^ose  revenues, 
and  of  one  tialf  or  two  thirds  of  the  colleges  in 
both  Universities  to  public  uscisineaseof  the  peo- 
ple firom  taxes.  It  was  furth^  proposed  tint  it 
should  be  publicly  declared  to  file  people  thai 
th^  should  be  ^ised  of  the  chinmey  monr]r» 
ancT  have  toleration  in  matters  of  r^poD, 
which  waa  thought  vrould  ««gM^  dl  die 
meaner  people;  diat  fioglaod  shoiud  be  a  fie4 


•I 


4il]      STATE  TRIALS,  is  CRAtLBs'n.  l6&3.— /<»r  the  J^e  House  Plot.       [42i 

f«t,  and  all  afrangera  who  woald  should  he'  bat  tlui  examioaDt  to  the  he^ .  of  his  remem* 
uturahzed,  which  was  looked  upon  as  a  means    bnnoe  never  spake  to  the  said  -cdlonel  since, 
ti  encage  foreigners  on  our  side,  that  there  Rob.  Wcst. 

dwald  he  no  taxes  for  the  futare  but  the  ex- 
dse  and  land-taxes,  which  should  be  appro- 
priated to  the  particular  uses,  and  all  fbrieited 
estates  should  be  applied  so  too.  t 

And.  this  examuant  fuither  saith  that  this 
fiaminant  enquiring  of  Ferguson  what  fund 
of  inonev  was  provided,  it  was  answered  by 
him  andoolonel  Ronizev,  that  if  the  business 
were  done  and  backt  widi  success,  theife  oodld 
bono  want  of  money,  there  woaM  be  half  a 
Year's  revenue  of  the  chimney  monev  then  doe 
Msides  what  the  Excise-offioe  ancT  Custom- 
hooae  would  afford,  and  that  there  was  money 
and  plate  enough  amons*  the  bankers  aud 
getdniiths  which  must  be  taken  up  upon 
public  faith  if  there  were  ooeasbn,  and  be 
poactually  repaid  -again  for  the  reputation  of 
the  cause. 

And' this  examinaot  further  saith  that  when 
Wakot  agreed  to  engiffe  in  the  said  action,  he 
desired  us  name  might  be  concealed  what- 
sacarer  the  effect  of  it  proved,  whereupon  Fer- 
fnaoB  replied  no  man  ought  to  be  ashamed  of 
It,  iiir  it  is  a  glorious  action,  and  such  as  I  hope 
to  see  rewarded  by  a  pariiament,  and  that  tne 
actors  in  it  shall  haye  statues  erected  to  them 
with  inocriptions  of  Liberateres  Patriie.   . 

And  this  examinant  further  saith -that  he 
acquainted  Mr.  Thomas  Shepard  merchant 
•  that  tins  examinant  had  provided  arms  in  his 
Inmer  examination  mentioned,  and  that  Fer- 
gnsoo  promised  to  see  for  a  convetuency  of 
committing  the  assassination  between  Hamp 
ton-Comrt  and  Windsor. 

And  this  examinant  fuither  saith  that  Mr. 
Boom  a  brewer  between  Great  dueen-street, 
and  Ptaker-Iane,  was  aconainted  with  the  in- 
tended insanrectiotis,  ana  hath  talked  with  this 
examitiant  about  them,  and  declared  himself 
ready  to  ei^^e  in  an  insurrection,  but  not  in 
the  assassination,    and  the  said  Boom  was 
knowing  of  the  arms  bought  by  this  examinant 
hot  was  not  at  the  meeting  when  they  ware 
agreed  to  be  bespoken,  and  this  examinant  be- 
lieves he  acquamted  Mr.  Carleton  Whitlock, 
Mr.  Edmund  Waller  both  of  the  Midde  Tem- 
ple, and  Mr.  HoUbrd  of  Chancery-lane,  of  the 
miended  assassination  and  insurrectiou  in  No- 
vendier,  but  he  did  not  do  so  till  after  the  time 
Ibr  execution  was  past:  and  further  saith,  that 
in  the  beginning  of  Octob^  last  this  exami- 
nant met  with  colonel  Sidney  at  Uxbridge, 
wheie  the  said  colonel  told  this  examinant  that 
many  tricks  had  been  played  in  the  scrutiny  of 
the  poll  for  the  lord  mayor,  and  that  sir  Wil. 
liam  IVitcbard  was  dednred  though  not  duly 
chosen,  hut  said  he,  all  that  I  can  say  to  it  is 
what  a  jiwtice  of  peace  of  Bssex  said  latdy  to 
a  eoontry  feUow  brought  befiire  him  for  Idmng 
a  higlnvayman  that  would  have  robbed  him ; 
fiiend,  say^a  the  jostuse,  yon  have  done  well,  but 
you  might  have  been  robbed  if  you  would ; 
and  so  we  may  he  inslaved  if  we  will,  or  else 
acsdiMrt,  or  £«oaed  words  to  that  purpose, 


The  further  EXAMINATION  of  ROBERT 
WEST  of  the  Middle  Temple,  Banisier 
at  Law. 

This  examinant  upon  further  reoolkctioii 
saith  that  Richard  Croodenough  and  Franda 
Goodenough  formerly ofiered  to  actio  the ioi'* 
tended  assassinaton  of  the  king  and  dohe,  if  a 
sufficient  number  of  men  coiud  not  be  got  to 
do  it,  but  aflerwards  believing  there  were  mca* 
enough  besides,  they  both  declined  it. 

Ami  jtlus  examinant  further  saith,  that  at 
some  of  the  meetings  concerning  the  said  as- 
sassination, colonel  Rumzey  said  it. would  bo 
very  convenient  to  take  off  colonel  Legg  the^ 
now  lord  Dartmouth,  ibr  he  was  a  stout  man 
and  of  desperate  courage,  and  believed  if  ho 
could  get  into  the  Tower,  would  in  rev/enge  firo 
all  the  gunpowder  in  the  White  Tower,  whicn 
would  endanger  the  whole  dty.  And  it  was 
said  concerning  the  lady  Anne,  daughter  to  tho 
duke  of  York,  that  it  would  be  best  to  many 
her  to  some  small  country  gentleman,  and  have 
a  breed  only  to  keep  out  any  foreign  pretend'- 
ers  to  thecrown ;  amd  at  one  of  the  said  meet- 
ings, when  it  vras  discoursed  whether  the  Idnff 
or  duke  should  be  killed  sbgly,  it  was  agreed^ 
that  Rumbold  should  send  out  a  spy  M&cBf 
who  by  sonie  signs  should  giro  an  account  at  a 
distance  wlM&ther  the  king  and  duke  were  both 
together  or  not,  and  at  one  of  the  said  meet- 
ings when  it  was  designed  that  it  would  be 
conYcnient  to  take  off  some  of  the  chief  minis- 
ters of  state,  as  the  Lord  Keeper,  lord  Hallifax, 
kird  Hyde,  Richard  Goodenough  said,  tako 
the  Keeper  prisoner,  and  try  him  at  Oxford 
for  the  oeath  of  Colledge,  and  hang  him  upon 
the  same  poet  on  which  CoUed^e  was  hanged. 

And  at  one  of  the  said  meetings  this  exami- 
nant saying  he  was  well  enough  armed  for  one, 
for  he  had  a  good  mpsket  blunderbuss  and  case 
of  {Hstols,  the  said  Rumbold  desired  to  see 
them, '  and  finding  them  very  good  said  he  be- 
lieved he  must  use  the  Uundmuss  in  the  as- 
sassination, and  told  Ferfoaon  he  must  conse* 
crate  it  if  he  should  use  it 

And  this  examinant  saith  that  at  one  of  the 
said  meetings,  this  examinant  was  appointed 
to  apeak  to  one  captain  Bon  a  seaman  at  Rat- 
diff  to  undertake  the  raising  a  body  of  seamen 
to  surprize  thie  Tower  in  case  Jthe  assassination 
had  been  committed,  and  tins  examinant  ac- 
cordingly proposed  to  the  said  B<m  whether  he 
wqmld  undertal^e  to  do  so ;  but  the  said  Boa 
replied  he  was  going  to  settle  in  America  where 
he  was  bom,  and  did  not  care  to  be  ooncemed, 
and  feared  he  had  not  interest  enough  amongst 
the  seamen  if  he  would,  which  this  examinant 
r^orted  to  the  next  meetbg,  and  the  said  Btm 
is  since  gone  to  live  in  New-England  where  ho 
was  bom,  or  in  New-Jersey. 

And  this  **««»iii*«*  further  saith  that  Ridi- 
axd  GoodsMoghtold  this  extamnant  that  ha 


-     V 


423]     STATE  TSIALS,  35  Chaalbs  iL  tS^i.^JoroimUim  to  ih  TruOi     [4M: 


had  ipoken  to  one  Mr.  Grange  a  btewet  in 
Westminster  to  try  what  men  could  be  raised  ^ 
in  Westmouter  for  carnring  on  the  last  design 
of  raising  3,000  men  out  of  the  city  and'suburta, 
and  also  spoken  to  one  Barnes  a  batter  in 
Fleet-street  to  try  what  men  might  be  i-aised 
thereabont,  but  this  ^minaut  neyer  spake  to 
either  of  the  said  parties  about  it,  neither  doth 
this  examinaut  know  nor  bath  heard  what 
other  persons  were  employed  by  Goodenoogh 
'Or  any  other  person  in  that^jkiingn,  and  further 
S»ith  not  Bob.  West. 


The  fiirther  EXAMINATION  of  ROBERT 

WEST  of  the  Middle-Temple,  Banister 
at  Law. 

This  examinant  upon  farther  rbcollection 
•aith  that  when  the  insurrection  intended  in 
November  last  was  resolved  on  and  Walcot 
agreed  to  engage  in  it,  the  said  Walcot  desired 
tms  e^mioant  to  lend  him  some  of  this  eza- 
minant's  suitof  ailk  armour,  vis.  aback,  breast 
and  head-piece,  and  afterward  asked  this  eza- 
minant  to  take  some  command  of  horse  under 
him  to  en|fage  some  young  men  of  the  Temple, 
telling  this  examinant  Ue  could  make  this  exa- 
minant a  suflSu^ient  officer  in  two  or  three  days 
time,  but  this  examinant  refused  to  csunge 
himself  or  his  friends  either,  though  he  onered 
the  said  Waloot  the  use  of  bis  armour. 

And  this  examinant  farther  saith  that  when 
the  arms  in  his  former  ezaminationa  mentitined 
were  oirdered  to  be  bespoke,  it  was  also  pro- 
posed that  Fex^^^aaa  shall  provide  the  600/. 
he  pretended  to  haTe  ready  tor  that  purpose  to 
huv  horses,  which  should  be  kept  at  livery 
stayUesin  the  names  of  private  gentlemen,  and 
healways  in  a  veaduMss  to  be  made  use  of  as 
Itf ly  opportunity  for  an  assassinatioii  or  other 
oocasien  shook!  offer,  and  the  night  or  two 
hefore  th^  were  to  be  used  shouhl  seemingly 
he  brought  out  of  the  hveiyataUes  by  .men 
to  be  employed  ibr  that  purpose,  bat  Fer- 
ffuson  not  bnnging  the  money  jio  hones  were 
bought. 

iUid  this  examinant  farther  saidi  that  after 
the  treaty  with  the  Soola  seemed  to  be  at  an 
end,  and  the  10,000/.  not  like  to  be  had,  Fer- 
guson told  this  examinant  that  the  duke  of 
Uonmonlh  was  willing  to  qieak  with  this  exa- 
minant and  Croodenongfa  to  conidder  what 
ouffht  to  be.  done  in  the  city  and  subuibs,  and 
to  leave  the  lords  and  other  people  (Inr  whioh ' 
this  examinant  aupposas  he  meant  the  lords 
Grey  and  Aussd,  Sidney  and  WiMman)  but 
this  fxaminant  reftned  to  so  to  the  duke  or  to 
air  Thomas  iomstrong,  and  knows  not  whether 
C^MMleiiongh  went  to  the  dake»  though  h0  did 
goto  Affnwtvong. 

And  Feisuaon  likewise  told  this  examinant, 
that  if  the  English  would  not  agree  to  stir,  it 
was  his  ojHnien  and  the  opinion  ef  many  of  the 
duke's  fhendsi  and  of  the  Scotch  g^nttemen 
that  were  here,  that  the  dnke  ahoaU  go  to 
Sfioiiiiid  and  head  the  SostfrtheM;  srhemipon 
Hr.  Wade  wh»iiaa  Hm  pvMUt  itid,  If  the 


duke  did  gt>  thither  he  woold  wiwtii|WihuBaaB 
the  expecMtion  as  avolynteer. 

And  this  exaimnant  furth^  8tttb«  Tkt^  at 
some  meeting  for  .the.carryine  ontheasteBdod 
assassioatioo,  Feiyuson  said  the  kinff  weai 
ftvquently  in  the  mght  across  St.  Jamers  Pftik 
in  a  chair  without  any  attendanoet  and  thai  it 
would  be  easy  for  two  men  with  swords  barely 
todispatoh  lum  and  make  their  eoeape ;  where* 
upon  col.  Romzey  said  it  was  a  atiaqgie  things 
to  him,  that  the  great  men  who  w«ne  aa  de* 
sirpustohave  the  business  done,  should  aut 
make  a  yiucse  and  huv  some  good  voffice  «t 
court  for  some  man  wnom  Ihey  looakt  iiua^ 
who  should  roar  loud  of  the  duke  .of  M oa* 
mouth  and  the  Whigs,  and  by  that  mcana  get 
mto -reputation  and  trust,  and  should  obsenre 
and  give  an  aocount  of  the  king's  and  doke'a 
wallu  and  hours  and  any  journeys  they  de* 
signed  ;  and  the  said  colonel  said  he  had  lahl 
Armstrong  so  and  bad  him  tell  his  lords. 

And  this  examinant  fdrther  saith  that  about 
the  (ime  the  insuorection  intended  in  November 
last  was  carrying  on  this  examinaot  obaenrei 
the  lord  Howard  of  Escrick  and  Waksot  to  be 
very  intimate  and  often  together,  and  the  said 
Walcot  told  this  examinant  that  the  lord  How 
ard  was  as  right  as  any  man  for  the  hiwimes 
and  as  forward  to  engage,  but  tliis  examinant 
doth  not  remember  tliat  he  ever  spoke  with  the 
lord  Howard  himself  about  that  inaurrectioD. 
And  further  saith  Mr.  Roe  told  this  examinant 
that  Gibbons  the  duke  ofMomuouth'a  aervaol 
ofoed  to  be  one  to  commit  theassaawnatian  of 
the  king  and  duke,  and  further  saith  not. 

Bop.  West. 


The  further  EXAMINATION  of  ROBERT 
WEST  of  the  Middle  Temple,  Barristor 
,  at  Iaw.  • 


examinant  furdicr  saith,  That  after 
Ferguson  had  told  this  examinant  that  a  sum 
of  money  fur  carrying  on  the  assassination  of 
.the  king  and  duke  in  October  last  was  paid  to 
a  certain  person  who  never  returned  it,  at'  which 
the  lord  Shafisbury  complained  :  the  said  Fer- 
guson at  another  tmie  a  little  bdore  the  dis- 
covery told  this  examinant  that  Kidiard  Good- 
enough  was  the  person  to  whom  that  money 
was  paid,  and  that  he  called  Feiyusen  fool  fcr 
letuming  some  monev  he  had  received  for  the 
same  purpose,  and  col.  Bomxey  tsM  this  exa>- 
-Aainant  that  Mr.  Charleten  paid  that  money. 

And 'this  examinant  fuither  saith  that  whe& 
Mr*Goodsnough  told  this  enminant  that  he 
would  sp«ik  to  Hone  the  joiner  to  be  one  ef 
the  assasanates,  hesaid  he  vronld  first  tiy  him 
whether  he  would  undertake  an  attempt  upoo 
tfiedukeof  Yoik  befoie  he  would  break  the 
whole  business  to  him  ;  and*  as  he  4band  hiaa 
willing  to  that  he  would  pvooeed.  And  thia 
•aaaunmant  believea  Mbr.  Goodenoug^  did  ae- 
'Cordingly,  ftr  that  the  said  Vane  aming  (a 
thia  fuamwianVs  chamber  soon  aficr,and  beiag 
asked  by  this  txammaat  whadicr  he  bad  hitefy 
Miu'Mr.  Goodmeughf  9he  said  Bene  en- 


diSl      STATEiBUALS^  36€«MLBt  11.  iSU^^-^far  ihe  Jty#-ANM0  Phi.      {4^6 


fipered  lie  h«d,  and  talked  with  liSm  about  m 
job  apoD  Ae  duke  of  York :  tod  this  ezami- 
■om  aildiig'.hin&  wfae&or  tliey  were  agreed  ? 
Hone  replied  yes,  but  this  enmloant  doth  not 
lemember  that  }Ioiie  thei  mentioned  the  king^ 
tr  any  name  or  description  implying'the  king. 
JmI  about  fiveor  m  waefci  ainoe  the  aaid  Hone 
came  $o  iWa  AKamiaaBt'a  ehanber  aboot  a 
IpaaH  alteaa^wm  thia  e«puBinaoik  desi^;ned  to 
maJbe  in  hia  ohambar,  aoid  then  the  aaid  Hone 
iiM  Ahia exaaoinaBt,  Mbater,  wtUoothiog  be 
dapef  To  whiebllMf  examinaivtaniwaDnr  he 
befierf^Mt,  theaaid  fione  aqdiBd,  if  this  duke 
of  HfonoMatb  ar^mld  be  true  and  appear  openly, 
I  eoubl  ^mha  l»w  £0  honest  iittows  irom 
oar  aide  of  we  nwler  ^oMnaing  fionthwark) 
fFho  .wnnld  he  jceady  for  bnsinrM  as  jrell  as 
aysolf,  and  this  examinant  asking  him  what 
baaimsi  ?  Hone  vepbed  any  business,  either  a 
Jniak  push  (by  wiucm  this  esaminant  supposed 
he/ueaot  n  general  iaaurrectioo)  or  the  other 
nick  or  job  in  taking*  off  the  two  brothers,  tba 
5Baptaitt  vend  lieutenant,  wfaieb  were  tiro  nanws 
naad  inr  the 'king  and  duke. 

AtBtd  Ifaia  **T*ffltip*"i*  further  aadth  Uiat  when 
Ihf  diaoonne  was  had  ioonoemintf  the  killing 
the  aBiniateijH  .of  atate,  ookMiicl  Hoi^izey  said, 
the  Joed  HaltiLX  nras  .one  of  the  greatest  rogues, 
nnd  deaenred  it  aaore  than  any  man,  ibr  he 
fgnftsiing  hinMflif  iormeriy  of  our  party  knows 
mn^  arenSness  and  disiaiona  and  hath  exnoaed 
1*1  and  .iMdfr  the  joonit  ▼entuce  upon  filings 
which  thaf  mouidnevcr ham doaa  otherwise. 
And  when  Ooodenaui^h  proposed  that  the  Lord 
jKeeper  abould  be  jbafi^ed  where  .CoIled|[e 
was  hanand,  Ifais^zaminant  haring  an  opinion 
thatttieXoBd  Keeper  waa  an  enemy  to  this 
eaaminaiit.  and  had  uaed  hiin  Tory  hardly  in  a 
canae  this  eoEaminaot  lately  bad  in  CShancery, 
Aiaeaaainant  desired  that  be  uiiirbt  ha?e  tne 


eortody  of  the  said  Lord  Keeper  a  tittle  while 
tomnfcehimsenabieofhia  unkindness  to  4hi8 
esaminant,  but  this  esaminant  never  deg^ed 
or  dnaired  to  lutlthe  said  Lord  Keeper  or  any 
ather-peeaon,  nor  would  hare  had  hie  -.hands  in 
any  man's  Uood. 

.  And  this  esaminant  farther  saiih  that  Fer- 
gaaon  late^  told  this  eiaminant  that  Mr. 
Cvomwnll,  aon  of  ftiehard  <;romwell,  who  usu- 
ally ^|aea  by  the  name  of  Mr.  Cranboum,  was 
as  nun  as  to  endeavour  to  make  a  party  for 
hinxsi'lfjorliis  fttber  in  the<»ty  t  and  dood- 
«Mi|igli  tfbnnsfly,  via.  about  Christmaalasttokl 
Ihia  esaminant  that  he  believed  the  said  Mr. 
GiomweU  and  Mr.  IretoU'llM  son  of  lieutenant 
gcnenl  Iretoo  woidd  asttst  in  the  intended  as- 
amsination  ef  thekina^and  dukein  person. 

iAoKl  dua  esaminant  Author  saith,  that  Mr. 
Ilaodenonyh  told  this  esaminant  that  he  had 
apshen  to  one  Partridge  a  shoemaker  and  al- 
■nnacfc-Biiakar  in  Cov^nt-Garden  to  act  in  this 
iMMsinatinq,  and  that  the  said  Partridge  ofler- 
ei  to  joinfia  it  if  it  were  to  be  done  in  town,  but 
was  not  able  ^  ride,  and  therefore  would  n9t 
Joifi  in  the  attempt  out  of  l^don:  Atkd-farCher 
aaid  that  the  aaie  Cartridge  had  ereeted  several 
aths—a  andtfwwby^bimd  the  duke  of  Yoik 


wmU  aoarea  oat->li;re  Mareh  or  April,  and  that 
Ae  king  waa  under  an  ill  direstion  too,  and  the 
people  wwdd  he  notariooB.  And  Mr.  Ryley 
ttda  thia  esaaunant  the  same  thing  aa  to  tha 
schemes  erected  by  Partridge. 

And  this  eiaminanl  further  aaiththatooKRom- 
ney  toU  this  eiaminant  that  wbea  Mr.  Trench* 
ard  refused  In  go  into  the  west  ard  raise  a  foroa 
for  the  iotended  insurreo^on  in  ISoviember  last, 
the  said  Mr.  Trenchard  waa  sent  ihr  to  Ibe 
duke  of  Monmouth's  house  about  it,  and  there 
Were  present  the  said  duke,  the  lord  Gray  and 
col.  Bomzev :  And  further  told  this  esaminant 
thatthelora  Hussel  had  prepared  to  go  4ie 
then  nest  morning  to  his  post  which  was  some- 
fiiiera  in  the  west,  but  this  esaminant  doth  not 
ramnaber  the  place. 

And  this  eiaminant  further  saith  that  after 
the  disoaverv,  Waloot  told  this  esaminant,  col. 
Romacy,  Wade,  Nortoa,  NeHhrop,  Ooode- 
nongh  and  Fewuson,  that  notwitlistanding  th^ 
aaid  discovery  lie  was  persuaded  Ood.  would 
yet  deliver  this  nation,  W  he-did  not  approve 
of  the  preaent  instrumeiits  who  had  undertaken 
it,  or  used  words  to  that  purpose. 

And  this  esaaiinant  farmer  saith  that'  ha 
haaioga  aon  lately  bom  desired  eol.  Romzey 
to  be  godfather,  who  said  he  woald  not,  er- 
oapt  he  might  name  him  Brutus,  but  wus  af- 
terwards prevailed  with  to  do  tbnt  office,  and 
gave  the  name  of  John  to  the  child  being  the 
said  colonri'snwn  ohtistian  name. 

Rob.  West. 


The  farther  INFORMATION  f|f  SOBERT 
W£ST  of  the  Mid(Ue  X/oi^ple,  Sarrite- 
at  Law. 

This  oKaminant  upon  favdier  recoHectioii 
saith,  that  Ferguson  formerlr,  viz.  soon  aftor 
his  return  from  Holland,  told  this  examinaift 
that  Dr.  Owen  and  one  -Mr.  CoRins  either  a^ 
anabaptist  or  independent  preacher  were  the 
most  sensible  ministers  about  the  town,  and 
were  both  oi'  opinion  that  the  intended  assassi- 
nation and  insurrection  were  both  lawful  and 
necessary,  and  that  colonel  Qwenj  'Dt,  Owen's 
brother,  was  privy  to  them  and  jomed  viith  co^  . 
lonel  Sidney  and  raajor  WUdmanin  tbema- 
nagemet't  of  the  treaty  with  the  Scqts,  and  that' 
one  Mr  Mead  a  nonconform^  minister  wt^ 
aealoos  in  the  business  of  an  insurrection,  ^lit 
was  not  for  beginning  it  in*  I/>ndon,  and  Mr. 
Nekhrop  told  this  esaminant  the  same  thing  of 
Mead,  and  that  he  waa  able  to  raise  1,000  men 
or  more. 

And  this  esaminant  'f\irther  saith  ,tbat  Mr. 
Nelthrop  told  this  esaqiinant  that  in  case  of  an 
insurrection  which  he  much  desired,  he  would 
go  along  with  the  lord  Russd  wheresoever  he 
took  his  post  and  would  furnish  oat  hioiself 
and  a  man  with  able  horses  and  arms  and  k 
good  sum  of  money. 

And  this  esamiaaat  further  saith,  titai  upc|a 
a  discpurse  with  colonel  Romzey  Opnoemin^ 
a  general  insurrection,  tiie  said  cofonel  told  this 
esaminant  that  tf  he  conld  have  1,000  naoluta 


427]     STATE  TRIALS,  35  CHAKLBS  I|.  l€$S^Biiroduet'umiotheTrial$      [42« 


ftHowt  to  foDow  him  and  another  1,000  men  to 
flecore  him  at  hia  back,  he  would  undertake  to 
drive  the  kbg,  all  the  court  and  die  guards  out 
,of  town  so  as  thev  ahou|d  not  dare  to  look  back 
tin  they  were  fled  to  Windsor. 

And  this  examinant  further  saith  that  the 
money  which  this  examinant  received  from 
Ferguson  amounting  to  something  more  than 
the  arms  bought  by  this  examinant  oost,  this 
elaminant  by  the  duection  of  colonel  Romzey 
paid  5/.  to  Mr.  Wade  to  give  to  oah  Maiuung 
who  was  to  have  been  one  of  the  assassinates, 
•nd  also  in  the  last  designed  insurrection  to 
|Mty  some  debts  which  Jklannins^  owed,  and  the 
said  colonel  Romzey,  Mr.  Wade  and  Mr.  Nor- 
ton gave  Manning  a  guinea  or  SOi.  apiece 
inore. ,  And  the  said  Wade  asking  this  exami- 
nant whether  he  wohld  personalnr  engage  in 
the  last  intended  insurrection,  ana  this  exami- 
nant saying  his  infirm  constitution  was  notable 
to  bear  the  toil  of  a  soldier's  life,  Mr.  Wade  told 
this  examinant,  then  he  must  fit  out  some  men 
that  would,  and  that  this  examinant  should 
give  his  blunderbuss  to  Manning  who  was  a 
strong  stout  fellow  able  to  carry  it,  which  this 
exaramant  agreed  to,  and  to  fit  out  two  foot 
soldiers,  or  do  any  thing  else  was  fit  for  him 
to  do. 

And  this  examinant  further  saith  that  at  one 
of  the  last  meetings  for  raising  3,000  men  out 
of  the  city  and  suburbs,  Mr.  Bourn  reported 
he  had  communicated  the  business  to  Mr.  Lobb 
a  nonconformist  parson,  who  had  a  congrega- 
tion of  poor  zealous  men,  and  that  Mr.  Lobb 
embraced  it  readily,  and  promia^  to  employ 
two  trusty  men  of  his  congregation,  to  go 
amongst  the  rest  and  engage  as  many  as  they 
could.  And  this  examinant  furdier  saith,  that 
Ferguson  had  four  several  lodgings  during  Cbis 
examinant's  correspondence  with  him,  at  three 
of  which  this  examinant  visited  him,  viz.  at  Mr. 
Bourn's  the  brewer,  at  Mr.  Owen's  a  lawyer 
Imng  at  the  fiirtber  end  pf  King-street  in  New- 
.  Southampton  buildings,  and  at  a  cutler's  over 
a^inst  Will's  coflTee-house  in  Covent-Garden, 
his  fourth  lodging  was  in  St.  Martin's-lane  in 
the  fields  at  a  JDutoh  Doctor'^,  orNGerman 
quack's,  which  this  examinant  never  was  at, 
and  knows  not  the  name  of. 

And  this  examinant  fiuther  saith  that  colonel 
Komzey  discoursing  with  this  exairtinant  fur- 
ther concerning  the  duke  of  Monmouth,  told 
this  examinant  the  doke  was  inclinable  to  an- 
swer the  people's  expectations,  and  to  submit  to 
be  little  more  than  a  duke  of  Venice,  but  the 
lords  about  him  and  Armstrong  designed  great 
<tf  ces  to  themselves,  and  wiU  not  endure  to 
hear  of  terms,  but  cry  all  shall  be  left  to  a  par- 
liament, whereupon  this  examinant  saying  to 
bim,  it  were  but  just  to  discover  all  their  in- 
trigues, but  die  being  an  informer  is  an  ugiy 
thug,  colonel  Romzey  replj^ed,  it  is  true  our 
people  are  not  worth  ventuiiog  for,  and  the 
iothcr  people  are  nut  worth  saving,  besides  it 
would  give  a  great  blow  to  the  IVotastant  inte- 
rift  t&*the  work!  over.    And  further  saith  not 

RoMRT  West. 


The  EXAMINATION  of  WILLUM  HONE, 

Joiner,  taken  before  Sir  William  Turner 
Knight  and  Alderman  of  the  Citv  of  Lon- 
don, and  one  of  his  31ajesty's  Justices  of 
the  Peace  the  4th  day  of  July,  1683. 

This  examinant  saith  that  about  the  fire  time' 
at  Newnuurket  Mr.  Richard  Goodenoogh  came 
to  him  to  Clifibrd's-Inn  where  he  was  at  work 
at  one  Mr.  Cark's  chamber,  and  asked  him  to 
go  along  with  him  and  told  him  he  wanted 
some  IflSourers;   this  examinant  then  adced 
him  if  it  were  honest f  Upon  which  Mr.  Good- 
enough  clucht  his  fist  and  atmok  it  towards  him 
mourn  twice  or  thrice  and  told  him  it  was  to 
seize  the  king  and  the  duke,  and  that  there 
'would  be  SO/,  apiece  to  bu^  horse  and  moB^ 
This  examinant  then  told  hwi  he  was  wdl  set- 
tled In  his  trade  and  did  not  care  to  tiouhler 
himself.     He  then  further  told  this  examinaiit 
that  they  had  taken  care  to  secure  the  dty,  and 
then  they  appointed  to  m^et  the  next  day  at 
the  Amsterdam  coffiw-house,  where  they  met 
together,  dnd  from  thence  they  two  went  il^ 
one  Sergeants  a  Cook's-ahop  at  the  sign  of  the 
Roe-bock  at  the  comer  of  Bartholomew-kiie 
where  they  dibed,  and  whilst  they  were  thcve» 
there  came  inopo  Keeling  and  one  Rombald 
who  had  bat  one  eye,  and  after  some  discourse 
Mr.  Keding  said  let  us  go,  and  Mr.  Goode* 
nodgh  said  we  want  clottes,  Mr.  Keehng  re* 
plied  he  had  clothes  for  half  a  doten,  and  fbr- 
ther  said  let  us  make  what  we  can  and  g[o,BIr. 
Goodenough  answered  no,  and  pcintmg  te 
Rombald  said,  there  ia  one  knows  the  temper 
of  the  people  better.    This  exMninsnt  furtlier 
saith  that  Mr.  Goodenoagh»  Mr.  Rombald  and 
Mr.  Keeling  went  from  thence  to  a  tavern  ili 
Bartholomew-Uuie  where  this  exanunaot'came 
to  them,  but  heard  no  discourse  at  that  tmie» 
but  drank  and  went  his  vray.  ^  ' 

This  examinant  fiicther  saith  that  a  foituf^ 
afW  Whitsuntide  he  met  Mr.  Joseph  Kedufr 
and  his  brother  in  Threadneedle-street  near  the 
Exchange  and  they  woukl  needs  drink  witb 
him,  and  he  went  with  them  to  the  Flandcre 
coffee-house,  and  then  Mr.  Josias  Keding  told 
him  his  brvSkher  was  a  stout  m^  and  oould 
bring  together  dOmen  for  his  share,  and  thea 
thev  went  aU  three  into  a  room  above-stairs^ 
and  then  Mr*  Josias  Keding  said  these-  words 
to  him.  You  know  the  boaiiMas  of  the  Rjre,  this 
examinant  at  that  time  knew  die  meaning  of 
the  Rye,  but  not  the  place  they  called  the  Rje; 
And  they  being  three  together  they  ML  mie 
discourse  concerning  the  king  and  the  doke  of 
York,  and  how  they  should  dispoae  of  tbena 
and  depose  the  king,  and  they  bemg  hot  fai  this 
discourse  this  examinant  said  he  was  ihr  ask- 
ing the  duke  and  securing  the  kin|[,  afterwards 
the  two  Kedmgs  sent  ttiis  examinant  to  took 
for  Goodenough  and  told  him  thejr  must  needs 
speak  with  him  presently,  and  after  this  exa- 
minant had  hem  from  place  to  place  to  find 
bim,  and  missing  of  him  he  returned  bad(  lo 
the  tavern  wh^re  he  finrnd  the  said  two  Ked- 
inga  and  Goodnoogh  and  some  otbeca  who  this 


4S9]     STATE  TRIALS,  35  Charles  II,  l683.— >r  the  RgerH^use  Plat.      (430 


rTMnpiBPt  doth  not  know ;  and  there  the  said 
Goodenough  and  bodi  the  said  Keelings  retired 
into  a  priTate  roqm,  but  what  passed  between 
them  this  examinant  doth  hot  know,  neither 
hath  he  seen  them  since.  This  examinant 
further  saith  that  about  Michaelmas  last  was 
twelre  month  aa  he  remembers  Mr.  Goode- 
nough spoke  to  him  to  make  a  private  place 
between  his  roof  and  the  ceiling  joists  of  his 
house  with  intent  as  h«;  told  this  examinant  to 
put  money  in  it  because  the  times  were  dan- 
gerous. »o  this  examinant  cut  the  raflers  and 
untiled  part  of  the  house,  and  made  such  a  pri- 
rate  place,  and  niade  a  frame  and  a  door  for  a 
man  to  go  in,  and  the  bricklayer  tiled  it  oyer 
and  OTcr  the  door,  but  what  use  the  said  Good- 
enough  afterward  made  of  it  this  examinant 
knows  not.  This  examinant  saith  that  the 
persoDS  engaged  in-  this  conspiracy  are  Mr. 
Richard  and  Francis  Goodenough,  Mr.  Robert 
West,  the  two  Rombalds,  and  one  Adderton  a 
glazier,  and  Lee  a  dyer,  and  both  the  Keelines,, 
and  a  crape-weaTer  who  lires  about  Chiiwdl- 


This  examinant  saith  that  he  hath  worked 
fat  die  said  Mr.  West  at  his  chamber  in  the 
Temple,  and  one  day  meeting  him  in  Fleet- 
street  he  asked  this  examinant  if  the  ball  were 
mce  up  whether  gamesters  would  come  in  in 
four  or  five  hours  titae?  This  examinant  re- 
pfied  he  thought  they  would.  And  at  another 
time  being  at  work  at  his  chamber  they  fell 
into  discourse  together  concerning  the  depos- 
ing of  the  kine  and  the  duke,  and  words  to 
that  purpose,  but  what  the  particular  words 
were  he  doth  not  well  remember.  This  exa- 
minant saith  that  to  the  best  of  his  remem- 
brance as  he  was  drinking  with  Mr«  Leo  at  the 
Kings's- head  tayem  in  Chancery-lane  about  a 
Ibrtn^ht  after  Whitsuntide  last,  the  said  Mr. 
Lee  told  him  there  was  a  captain  of  a  ship 
would  appoint  Vhe  hurling  of  a  silver  ball  at 
Blackheath,  which  would  draw  a  great  com- 
pany or  people  together,  and  then  he  would 
give  them  brandy,  and  then  they  would  go  and 
seize  on  the  Tower. 

Tliis  examinant  further  saith  that  he  being 
It  work  at  one  Mr.  Percival's  at  Chippenham 
where  the  said  Adderton  the  glazier  was  also 
taking  order  to  work,  the  saiiT  Adderton  asked 
tMs  examinant  if  Mr.  Goodenough  had  sud 
any  thing  to  him  about  the  busmess?  This 
examinant  asked  him  what  business  ?  llie  said 
Adderton  replied  he  had  told  Lee  of  it,  and  that 
ymi  all  passed  between  them.  Will.  Hone.  • 
Capt.  et'Cognit.  Coram  me  Die 

et  Anno  preesen.  Will.  Turner, 


INFORMATION  of  WILLIAM  LEIGH. 

'  Ido  det^re that. my  first asquaintance with 
Hr.  Rowse  and  Mr.  Lee  was  by  reason  of  cap- 
tain Blagg  and  his  business,  to  go  his  mate,  and 
4ie  first  timethat  ever  Mr.  Rowse  spoke  any 
tUoff  to  me  about  the  plot,  was  one  my  I  met 
bim  by  the  Exchange ;  he  told  me  he  had  some- 
4u&g  to  say  to  me  ^  and  to  the  bei^  of  my  re- 


inembrancebe  asked  hie  presently  after,  if  I 
did  know  of  any  seamen  mat  were  fitting  to  ' 
make  captains  in  Wappiog  :  I  told  him  No,  but 
I  would  see  what  I  could  do  ;  and  he  promised^ 
he  andMf-  Lee  to  come  to  the  Blue  Anchor 
by  Wapping  dock  next  morning  about  ten 
o'clock,  but  came  not :  Another  day,  he  and 
Mr.  Lee  came  down  and  discoulted  with  some 
of  Mr.  Rowse's  friends  that  he  met,  but  they 
did  not  like  his  way  and  so,  parted.  ' 

And  the  first  time  that  ever  I  heard  of  toss- 
ing up  a  ball  was  by  captain  Blagsr,  but  'I  do 
declare  I  knew  not  the  meaning  of  it  till  Mr» 
Lee  and  Mr.  Rowse  asked  me  about  taking  the 
Tower  ;  and  whereas  he  or  Mr.  Lee  or  Mr. 
.Rowse,' or  both,  asked  me  about  tossing  upoi 
a  ball,  as  I  take  it  on  Black  Hea^  :  I  asked 
what  they  would  do  there  ?  They  told  m^there. 
was  some  hundreds  of  horse  ready  in  the  coun- 
try; and  as  for  captain  Blagg,  I  heard  him 
say  that  mortar-pieces  over  Southwark  side 
would  be  the  best  way  for  the  taking  of  the 
Tower  ;  and  I  have  heard  him  say,  as  near  as 
I  can  remember,  he  could  raise  some  seamen^ 
but  the  number  I  have  forp^t ;  and  all  that 
Mr.  Le<5  spoke  belbre  ihekmg^  and  coimcilin 
my  hearing  was  true.  A^  this  I  am  willing  ta 
attest ;  and  for  knowing  of  any  others  besides 
Mr.  Lee  and  Mr.  Rowse  and  captain  Blagg  to 
be  concerned  in  this  plot,  1  know  not,  neralier 
can  I  call  to  mind  any  words  spoken  by  any  bat 
those  three.  William  Leigh.. 


The  further  INFORMATION  of  WILLIAM 

LEIGH. 

S9iall  it  please  your  majesty ;  Since  I  sent  iii 
my  paper,  I  have  sent  sometnmg  more  which 
came  in  my  mind  since.  That  is  abovt  getting 
somesekmen  that  might  be  fitting  to  go  com- 
manders or  captains  of  ships ;  and  as  he  adked 
if  I  could  not  get  two  or  three ;  sometime 
afterwards  1  did  enquire  what  he  would  do  with 
them,  he  told  me  to  make  masters  of  ships.  X 
asked  for  what  end  ?  He  told  me  to  put  in  shipiB 
at  Deptford  or  Woolwich,  that  is  men  of  war  to 
make  guard  ships  to  stop  aligning  and  coming. 
I  did  ^  him  what  he  would  do  with  them 
when  there  was  no  guns  nor ,  powder  nor  ^ot 
on  board  ;  but  I  told  him  if  he  had  the  Tower 
then  be  might  do  something  :  but  his  answer 
was,  if  not  then,  some  time  after  thet,  says  he, 
Mr.  Rous  by  name,  we  must  secure  the  Tower^ 
and  White-hall  both  together,  or  else  there 
could  be  nothing  done  :  ror,  says  he,  we  must 
take  the  king  and  then  our  wori  is  done,  to  the 
best  of  my  remembrance:  I  asked  what  was 
then  his  oath  of  aDegiance  ?  He  told  me  if  thej 
had  the  king  he  should  be  king  still,  but  %ht 
under  his  contunission.  I  do  think  Mr»  I^ee 
was  there  present.  Will.  Leioh,    '-^ 


INFORMATION  of  the  Lord  HOWARD  to 
the  King)  the  11th  of  July,  1682.  ' 

The  FirstPart  of  my  Narrative ;  being  a  s^im- 
mary  Account  of  all  that  occurred  to  m/. 


4$i  j     StATE  TRIALS,  35 Charies  tl.  l6%3.^1iUrotheium  I0  the  %ml$     t^St 


knoiHedgefrom  Stoteinber  29, 1683,  to  tb« 
time  of  the  earl  of  bhaflesbury's  Death : — 

Abontthe  middle  of  September  1682,  I  had 
occasion  to  go  to  a  small  estate  at  f  oUbury  in 
the  country  of  Essex,  where  I  contiiiiied  aoont 
a  fortnight  waiting  to  hear  of  the  ultimate  issue 
and  riesuit  of  tbelontf  contested  election  of  the 
sfaeriffiiofLoiftfon,  tvnich  was  shortly  to  receive 
a  final  determination  by  the  swearing  of  the  new 
«b^eriffs  into  their  office. 

Dnring  which  time  of  my  continuance  in  the 
liobntry  I  rdccived  two  or  three  letters  from 
captah^  Walcot,  importing  in  a  mysterious 
stile,  well  enousfh  understood  by  me,  that  the 
matters  of  negotiation  betyrixt  me  and  the  mer- 
«hilnt  my  correspondent  were  brought  to  a 
good  ccfnclosion,  and  that  my  presence  was 
speedily  desired  for  the  better  perfecting  the 
tfame. 

Uptin  tlie  t9^  of  September  (being  the  day 
which  pnt  an  end  to  the  lotg  dbjirote  about  the 
sheriff)  I  fetturnfed  to  my  hotise  Ht  Knights- 
bridge,  wb^re  t  had  ndt  be^  tStafe  two  or 
three  davs  befbre  1  received  a-  visti  from  cap- 
tain Walcot,  who  aconaiiited  me  that  the  earl  of 
Shaftesbury  had  wimdrfawn  himself  from  his 
ciWn  hotkse  into  a  retirement  in  the  city, 
^ere  (thotig^H  he  was  secreted  from  most  of 
lite  ftiends  Jret)  he  desired  to  see  tne,  for  which 
piatpose  his  lordship  hatt  sent  him  to  me  to  shew 
liie  the  way  to  his  lodging. 

I  presently  closed  with  the  invitatioii,  and 
went  alooff  with  him  to  one  Mr.  Watson's  houte 
Jtoil  the  ftiHber  end  of  WoDdilreM  (reckoning 
from  Cbeapside)  wjiere  1  Ibund  his  lordship 
alone,  vho  immediately  begun  to  adrise  me 
ill  fhH  milnner,  n't. 

That  firidbg  the  due  election  of  the  Hty  fims- 
tiatedby  the  Ptoeudo-sheriffi^  forcibly  olitmded 
upon  them,  be  cObld  no  longer  think  himself 
nfe  (tlvougfa  innocent)  m  the  future  adminis- 
tftttlod  of  iustit«^  which  must  hereafter  be  ex- 
isted td  be  wrested  by  such  mlnistera  to  the 
Humotir  of  the  court,  but  this  danger  threatened 
ilbt  hiitt  only,  but  me  nlso,  and  aB  hoilest  men 
ih  l^nMM,  in  thfe  sense  whettdf  he  had 
thougm  it  neeettary  forbhn  (and  belienfd  it  no 
less  n^tetiMly  for  me)  to  withdraw  hhn- 
iltffiiiothe  mfy  wherl^tae  had  made  such  pre-^ 

elitions  (miMng  with  a  ifitoosed  matter)  that 
did  hot  dodbt  but  m  *  shott  time  he  should 
be  able  tvrelhicetliinffs  to  abetter  povtnre: 
tfisit  itr  order  falsreunto  mere  were  several  thou- 
iMidii  (I  thiift  he  mentioned  10,000)  ilirhO  were 
rBIUlT  u](bB  nbtiee  grreti  to  het^Lke  thett&sdres  to 
tMk  TMst  to  make  diemsetvet  masters  of 
tfift  city,  ttHi  aftori^aid  sidly  out  and  atiAck  the 
tfttllMii«tWhhe.ftaIl,tfaatiheyweret6  be  as- 
slMkl  tkrith  ttboot  1,000  or  1,900  holrseto  he 
uflwA'liQsettifUy  into  toWn  from  leveMd  a^a- 
oentpcfts  of  this  comtry  unde^  ^e  conduct  of 
aevend  good  officer^  anwngst  whom  he  made 
Vfea&sm  of  Mmr  Bi«iim  Mdnf  hunr  oilyj  imt 
there  wts  nodiinf  hmderad  the  putting  or  this 
into  speedy  execution  hat  thebackwai^hMss  of 
todlie^irMontnoath  and  %^  lotd  Rnasd  (lo 
wiioDrwircractiQS  Mnt  vn^fViBioni  iinui- 

8 


I  don,  sir  Henry  lugbldsby,  and  several  otliei^ 
gentlemen  who  would  not  stir  withont  the 
duke)  who  had  unhandsomely  ftnled  him  after 
their  promise  given,  him  to  be  concurrent  with 
him  in  the  like  undertaking  (at  the  same  time) 
in  Devonshire,  Someisetsnire,  Cheshne,  Lan- 
cashire, and  other  counties  to  give  variety  of 
diversion  to  the  standing  forces ;  that  the  lord 
Grey  seemed  to  be  niore  fbrwaod  then  than  the 
rest  to  join  with  l^im,  with  whom  Hf  lie  cooM  be 
gained)  he  intended  to  couj^  me  wr  the  raisinff 
of  Essex,  and  that  lord  Herbert  and  colood 
Romcey  would  be  assistant  to  him  in  the  con- 
duct of  the  city  afiairs,  together  with  very  many 
eminent  citizens  who  dcaired  .to  have  their' 
names  spmd'till  the  time  of  action,  with  many- 
other  particulars  too  long  to  be  enumerated  in' 
this  short  sumfnary. 

To  aH  this  I  answered,  thai  I  was  giad  io 
-hear  and  ivasWiDln^totake  it  upon  his  credit, 
that  the  city  was  m  as  great  a  readiness  for 
action  as  he  nad  exprest ;  and  that  there  would 
be  90  considerable  a  body  of  horse  brought  out  of 
the  country  for  their  aid  as  he  had  intimated, 
nor  did  I  doubt  bat  he  had  prudently  provided 
ior  all  the  requisites  to  so  great  an  undertaking. 
Bnt  withal  that  I  couM  not  but  be  much  sur^ 
prized  to  hear  that  there  should  be  so  great  a 
misunderstanding  betwixt  him  and  those  noble 
lords  whose  ooncunence  I  thought  absolutely 
necessary  for  so  great  a  work,  that  if  they  had 
failed  him  (as  he  nad  irelated)  after  an  appoint- 
ment made,  they  had  acted  very  unsuitaluy  to 
the  diaracter  they  bore,  and  would  deservedly: 
forfeit  the  opinion  was  had  of  them,  that  I  must 
be  allowed  the  liberty  to  discourse  with  them 
about  it  and  till  then  suspend  as  well  my  een- 
scire  oPihem  as  the  resignaiioh  of  myself  toi 
him  in  the  knatters  nropounded  by  him  :  npon 
these  terms  I  partea  from  him  promising  to  see 
him  again  within  a  jday  or  two. 

The  next  day  I  went  to  Moor-Park,  where 
the  duke  of  Monrtouth  then  was,  and  in  short 
acquainted  him  wftli  what  1  had  heard,  a4  wdl 
conc^mhighfail6elfasthelordRt]8BeI,&c.  He 
absolutely  denied  that  he,  or  (as  he  b^ieved) 
my^btd  Itossel  hsd  evetr  madi^  any  such  ap- 
pbmtment  with  my  lord  Shaftesbury,  that  they 
were  altogether  ignorant  of  what  wu  dddc 
by  tbesaideari,  who  fot  some  time  (upon  wht3 
capricto  he  knew  not)  htd  withdrawn  himketf 
ftt>nl  them  and  adted  upon  separate  ooandls  of 
his  own,  grounded  (as  he  ftar^)  upon  the  hasty 
conception^  of  some  hot-headed   men,  .who. 
mi^t  lead  him  into  some  untimely  underbdongp 
which  in  all  probabilfty  would  prove  ftlal  to 
himself  and  all  th^  party :  foir  prevention  df which 
he  said  be  would  be  gnd  ^  ne  knew  where)  to 
give  him  a  meeting,  aad  to  reasule  aheHar  vi- 
derstandiiig  with  him. 

Hating  tiad  this  account  Mm  the  duke,  1 
made  a  second  vinit  the  next  day  (beitijf  Thnr*> 
day  tiie  3d  or  4(h  of  October)  to  the  said  eari,  to 
whoni  I  comifnunii[«ated  what  had  passed  the  day 
before  betwixt  the  duke  and  kne,  and  thereapoa 
ttiok  occasion  to  strengthen  nfjrself  withargu* 
QVMilB  of  ^la^^hsdhite  mtbUHttj  oHt  speedy  con* 


453]       STATE  l*krALS,  35  Chablks  II.  1583.— >r  the  Rye^ITouse  Plot,       [454 

feenoe  betwixt  him  and  the.oti^er  lords  as 
wdl  for  the  removing^  the  pre^nt  misapprehen- 
sions thejT  had  of  catch  other,  as  also  fot,  the 
consolidating  them  into  such  an  union  autl  con- 
cert of  covtncils  as  might  render  them  all  jointly 
hdpfol  to  the'  common  interest  by  an  harmo- 
nioas  and  nniform  acting  to  the  same  end  in 
which  they  did  all  agree  however  they  might 
differ  in  the  means.  This  I  ui^ed  upon  him 
with  all  the  Tehemency  that  the  nature  and  im- 
portance of  the  thing  require,  but  be  still  per- 
sisted in  a  refusal  of  a  meeting,  saying  with 
more  than   ordinary  warmth,  that  he 


some 


had  lon^  discoTered  in  the  duke  a  backward- 
ness (o  action,  by  which  they  had  lost  great  op- 
portunities, that  he  had  cause  to  suspect  that 
this  artificial  dilatoriness  of  the  duke  proceeded 
from  a  private  agreement  hetwixt  his  father 
and  him  to  sare  one  another.  That  people  (so 
be  termed  that  imaginary  army  in  the  city) 
were  impatient  of  longer  delays,  having  ad- 
vanced so  far  already  that  they  could  not  safely 
retreat :  the  intention  of  an  insurrection  being 
communicated  to  so  many  that  it  was  morally 
impooBible  to  keep  it  from  taking  air  if  it  was 
not  speedily  brought  into  act,  tliat  one  of  his 
friends  (whom  I  afterwards  understood  to  be 
Kombald)  had  drawn  almost  an  hundred  horse 
into  LoDoon  by  small  and  unobser\'able  parties 
a  little  before  Michaelmas  day,  who  (ai'ter  they 
had  continued  here  a  good  while  at  their  ex- 
pence)  were  again  retired  to  their  respective 
places  of  abode  ;  that  such  frequent  disappoint- 
ments would  weaiy  the  party  and  flat  their 
sprits  aod  make  them  at  last  resolve  to  sit  down 
in  a  total  despondency ;  but  it  was  much  to  be 
feared  the  duKe  actedf  with  a  prospect  very  dif- 
ferent from  theirs,  he  designm^  nothing  more 
than  the  advancing  himself  whilst  thev  could 
not  hope  that  ever  their  liberties  should  be  well 
aecurni  for  the  future,  but  under  the  govern- 
ment of  a  commonwealth  :  that  for  these  rea- 
sons he  was  fully  determined  to  be  no  longer 
expectant  upon  the  duke's  motions,  but  would 
puTsae  hidfformer  intentions  of  attempting  the 
deliverance  of  his  country  by  the  help  of  an  ho- 
nest hndc  ytorty  in  the  city,  wjth  whom  if  the 
rest  of  the  lords  would  be  co-operating  they 
might  share  with  him  in  the  glory  of  so  ho- 
nourable an  undertaking,  but  if  they  would  not 
be  hoped  he  should  be  able  to  effect  the  work 
without  them. 

July  11,  1683.  Howard. 


himself  till  the  time  of  his  departure  out  o^ 
England. 

Curing  the  time  of  Lis  concealment,  divers 
intimations  were  given,  some  to  me  by  captain 
Walcot,  others  by  others  to  the  duke  of  days 
appointed  for  their  intended  insurrections  ;  one 
appointment  was  about  the  latter  end  of  Oc- 
tober at  which  time  the  king's  return  from 
Newmarket  was  expected -^  but  this  was  pre- 
vented  by  the  duke,  who  p^c^  a'ded  with  thenf 
to  put  it  off  to  a  longer  day  in  expectation  of  a 
concurrence  of  the  country  with  ihcm. 

Thjs  adjournment  (as  I  remember)  w|is  for  a 
fortnight,  at  which  time  returns  from  the 
conntiy  gave  discouragement  to  the  proceed- 


ings. 


Afler  this  the  second  of  November  was  made 
a  dav  peremptory,  as  I  have  been  infbrrnerd^ 
but  that  also  was  put  off  I  know  not  upon  what 
disappointment,  which  often  f lilures  caused 
the  said  earl  to  take  resolutions  of  conveying 
himself  beyond  the  seas,  which  he  did  ac- 
cordingly. 

Whilst  these  things  were  in  agitation,  I 
have  several  times  had  some  dark  hints  givcu 
me  from  captain  Walcot,  from  Goodenough, 
from  West,  from  Ferguson,  of  striking  at  tlm 
,  head,  of  shortening  the  work  by  removing  two 
persons,  by  which  I  did  apprehend  that  thero 
was  a  design  of  making  some  attempt  upon 
the  king  and  the  duke,  or  one  of  them  ;  bui 
when. and  where,  and  by  whom,  and  in  what 
manner  and  place  this  was  to  be  acted,  I  nevev 
saw.^  ^  * 

This  ends  the  transactions  during  the  lif# 
of  the  earl  of  Shaflsbury,  the  rest  shall  be  made 
a  second  part.  '  ,  Howard. 

July  11, 1683. 


This  was  the  substance  of  the  second  Confe- 
rence I  bad  with  him,  which  I  reported  the 
next  day  to  the  duke,  who  desired  me  to  make 
one  assay  more  to  procure  an  interview. 

This  occasioned  my  going  to  the  said  earl  a' 


A  Continuation  of  my  former  Narrative. 

AfWr  the  death  of  the  earl  of  ShafVsbury,  it 
vnis  considered.  That  as  there  had  appeared 
both  in  city  and  countiry  a  viery  prompt  and 
forward  disposition  to  action  ;  so  it  might  justly 
be  feared  that  either  the  minds  of  men  might 
(in  time)  stagnate  iqto  a  dull  inactivity,  unless 
proper  acts  were  used  to  keep  up  the  ferment- 
ation, or  (wiiich  was  equally  dangerous)  that 
the  unadvised  passions  of  a  multitude  mi^ht 
precipitate  them  into  some  rash  and  ill-guided 
undertakings,  vUnless  th^  were  under  the 
steering  and  direction  or  some  steady  and 
skilful  nind.  For  prevention  of  both  these 
evUs,  it  was  thought  necessary  that  some  few 
persons  should  be  united  into  a  cabal  or  coun- 
cil, which  should  be  as  a  concealed  spring  both 
to  give  and  to  guide  the  motion  of  the  machine. 

The  persons  designed  to  this  general  care 
were  the  duke  of  Monmouth,  the  lord  Kussel, 


tober,  at  which  time  I  did  prevail  with  him  to 
gtre  me  a  promise  of  meeting  the  duke  and 
my  lord  Russel  the  next  day  in  the  evening, 
hot  instead  of  coming,  he  sent  his  excnse  both 
to  the  duke  and  me,  the  next  morning  by  c6- 
looel  Romsey,  and  straightway  removed  to  an- 
other lodgings,  where  De  eontinued  to  secret 

T  01,.  f  X. 


flitrd  time  upon  Saturday  the  5th  or  6th  of  Oc-    the  earl  of  Essex,  Mr.  Algernoon  Sidney,  Mr.. 


Hambden  junior,  and  another  whose  anilities 
and  qoalifications  did  in  no  degree  fit  him  for 
such  a  province. 

'  The  hrst  meeting  of  these  six  was  about  the 
middle  of  January  at  Mr.  Hambden'-s  house, 
at  which  consultation  there  was  only  propound- 
ed some  general  heads,  which  were  afterwards 
2F 


4n]     STAtE  tlUALS,  55  Chablbs  II.  1 6ad.— /ulrMiM^W  to  tie  TWob     1490 


{upon  more  matai^  thoughts)  to  be  debated,  I 
viz.  Where  the  insurrection  should  be  firs^ 
made,  whether  in  the  city  or  in  the  ro6re  re- 
mote pacts  of  the  country,  or  in  both  at  (the 
same  instant ;  what  counties  'were  thought  to 
be  best  disposed  to,  and  best  6tted  for  this  en- 
terytrize ;  what  persons  in  the  respective  conn- 
ties  were  the  most  useful  and  most  ready  to  be 
engaged  ;  what  towns  easiest  to  be  gained,  and 
Hie  most  proper  for  a  general  rendezvous; 
what  arms  were  necessary  to  be  provided,  how 
to  be  got,  where  to  be  disposed,  what  sum  of 
inoney  was  of  absolute  necessity  to  answer 
public  occasions ;  how  and  by  what  methods 
such  a  suih  of  money  was  to  be  raised  so  as  not 
io  draw  into  obeeiTation,  nor  to  administer  oc- 
casion of  jealousy :  and  lastly,  which  was  the 
principal  and  thought  to  challenge  the  chieiest 
care,  ^ow  Scotland  might  be  drawn  into  a  con- 
cert with  England,  and  which  persons  there 
fittest  to  be  consulted  wUhal  about  this  matter. 
This  was  the  sum  of  thai  day's  Conference. 

The  second  meeting  was  abc^t  10  days  after, 
at  the  lord  RussePs  house,  where  were  present 
every  one  of  the  foresaid  six.  [ 

At  this  meeting  it  was  propounded  that  a  | 
speedy  understanding  shonld  be  settled  with 
the  lord  Argile,  and  that  in,  order  thereunto 
some  fit  person  or  persons  sliould  be  thought  of 
to  be  sent  to  him,  and  to  be  a  constant  mraium 
of  correspondence  betwixt  him  and  tbeni.;  that 
pure  should  be  taken  to  be  rightly  informed  of 
a  true  state  of  Scotland,  of  the  general  bent 
and  inclination  of  tbe  {leople,  of  the  capacities 
or  incapacities  they  were  under,  and  that  somjB 
irostv  messenger  sliould  be  forthwith  dispatch- 
ed tnither  to  invite  two  or  three  of  the  most 
valuable  gentlemen  of  that  country  into  Eng- 
land to  Uie  end  they  might  be  advised  with 
•bout  the  general  design. 

The  persons  nominated  to  be  called  into 
Englana,  were  the  lord  Mehin,  sir  John  Cock- 
rao,  and  I  remember  anotliereentlemanof  the 
fiimily  and  alliance  of  the  kird  Ai^e,  who  (if 
t  mistake  not)  was  of  the  saiue  name  also,  and 
a  knight,  but  of  this  I  retain  but  an  indii^ct 
remembrance. 

Some  other  things  were  considered  of,  but 
9f  uo  great  moment. 

At  the  conclusion  af  this  meeting  it  was 
ligreed,  ihat  there  should  not  be  any  other 
meeting' of  this  cabal  (unless  in  case  of  scJme 
-extraominary  emergency)  until  the  return  of 
^he  messenger  sent  from  hence,  and  tbe  airival 
of  the  foresaid  gentlemen  ou^  of  Scotland. 

This  affordiog  a  kind  of  vacation  I  soon  after 
went  into  EsseXp  whither  I  was  called  by  tha 
concerns  of  my  estate,  afler  that  I  went  to 
Bath  whither  I  was  Enforced  to  go  by  the  in- 
firmity  of  mv  health,  so  tliat  what  was  done  or 
argued  on  alter  this,  1  can  give  no  account  but 
%f  hearsay.  Hqwaro. 

July  11,  1633. 


A  SuFPLEimnr  of  some  tbiag*  wkieh  (apott 
recoUoctioD)  have  occurred  to  »y  mflsnory 
since  my  former  Informatfc>D. 

I  remember  that  my  lord  l^i^leabanr  com- 
plaining of  divers  persons  who  had  deaeiied 
nim  and  fell  short  of^their  engagements  to  him, 
amongst  the  rest  named  his  cousin  Charleton 
(meamng  Mr.  Charleton  of  Totteridge)^  who 
(he  said)  bad  promised  and  was  able  to  nnog  in 
great  assistance  to  him,  umm  which  be  did 
much  rely,  but  was  quite  fallen  f^m  him,  and 
had  so  wholly  attached  thimseirto  the  duke  of 
Monmouth  and  my  lord  Russel  that  he  wt«dd 
act  only  by  their  measure. 

Speaking  also  of  maior  WOdman,  He  said 
that  he  was  very  forward  in  the  worki  and  v^ry 
active  in  it ;  and  being  told  by  me,  that 
amongst  other  things  which  were  wanting  in 
such  enterprize,  the  want  of  some  great  ffonn 
seemed  to  me  not  to  be  the  least.  He  UA^  me 
that  they  should  be  furnished  with  two  drakes 
by  a  friend  (whom  he  did  not  name)  which  two 
drakes  1  have  since  thought  may  be  those  two 
small  pieces  found  with  ma^  Wildman. 

The  person  mentioned  m  my  former  iiam« 
tive  who^  (as  my  lord  Shaftesbury  said)  bad 
offered  to  kill  the  duke  with  his  owiLhands.  I 
do  now  distinctly  remember  to  be  Mr.  Joon 
AylofTe,  to  whom  he  answered.  No,  Jack,  thoa 
shalt  not  kill  him  till  we  have  an  armed  force 
to  justify  it. 

About  the  10th  or  ISth  of  October  after  a 
stop  put  to  the  then  intended  insurrection,  the 
duke  of  Monmouth  told  me  that  he  had 
seriously  thought  of  it  (meaning  the  insurrec- 
tion) and  tbiU  after  divers  ways  proposed  and 
seriously  considered  of  he.  was  cleariy  of  opi- 


nion that  there  was  nothing  so  easv  to  be 
complished,  nor  so  probslle  to  do  the  work 
effectually  as  to  fall  m  upon  the  king  at  New* 
market  with  a  smart  party  of  horse  of  aboof 
^  or  50,  which  he  said  he  could  soon  have  in 
a  readiness.  To  which  I.  answered.  That  I 
was  of  the  same  opinioii,  but  whether  or  not  it 
would  be  decent  for  him  to  appear  -in  person 
in  an  attack  to  be  made  when  thie  king  was  in 
person  deserved"  bis  consideration.  Two  da^ 
after  I  spoke  to  htm  of  it  aflpain,  and  asked  hini 
what  thought  he  had  of  it;  he  answered 
me  that  it  <M>uld  not  be  brought ^about  aoon 
enough.  After  which  I  never  discoursed  mom 
mik  him  about  it ;  but  upon  reflection  I  am 
apt  to  think  that  firom  this  time  and  not  before 
tiie  iiesign  of  wayolaving  the  king  in  bis  re* 
turn  to  Louden  was  nrst  meditated,  and  I  am 
the  more  confirmed  in  this  opinion  frdm  the 
consideration  of  the  behariour  of  Uie  duke  of 
Monmouth  and  lord  Grey,  who  seemed  to  be 
very  big  of  expectation  or  some  J^reat  thiii|g 
to  be  attemptea  upon  ftie  day  of^the  king^ 
coming  fromJ'Hciwmai^et,  upon  which  day  (as 
I  have  before  observed)  sir  T.  Armstrong  was 
not  to  be  found  till  the  king's  coaches  were  come 
in  toun,  and  I  do  verily  Uilieve  he  was  to  have 
headed  the  party.  To  this  also  may  be  added» 
That  the  duke  of  Mosmoitb  withui  few  ^jm 


4S7]     tUxm  TBUOA  M  Cll aubb  II.  KMSH^  ^^^  lfy04tHue  PM*      [49i 

tAffloMiDelkftftlie  httd  that  day  men  «rder  |  M9i  fMd  ip^«Miitfty,  wbieli  te  W  one  captoia 
to  iHKre  his  bona  carried  into  Loimkni  to  hftre  John  WtUnoMm  ■seuiinante  of  the  abip  3o^ 
been  in  a  Radiness  to  iisv«  moanteil  apon  any   aeph  of  London,  a  good  aaileri 

WtLLUM  9f  AFUTOM* 


I  do  iurther  call  to  mind,  That  th€t|e  is  a 
ODoaidemhie  potion  living  in  Spittle-fields 
wbona  I  rery  veil  know,  and  have  oAen  been 
in  bis  <:onipany  jlrot  cannot  remember  his 
jame  distmcUv)  this  man  I  have  been  told  did 
undertake  to  nnng  in  S  or  800  men  upon  the 
aliength  of  his  own  interesi  when  occasion 
ihoaUreqaiA;  he  is  wdi  known  to  Mr.  West 

HOWABO. 


Fvtlier  INFORMATION  of  Colond  ROM- 
Z£Y,  Jane  11, 1684. 

Sir  Thomas  Armstrong  was  at  the  meeting 
al  Mr.  Sbepard's  when  I  was  there,  and  was 
one  ii^  nndertook  to  view  the  iSavoy  and 
Mews  to  see  in  what  postnre  the  soldiers  were, 
jaiid  how  easy  or  dtffieult  it  would  be  to  snr- 
priae  them. 

flir  Thomas  Armstrong  did  tdl  me  that  Gib- 
bons came  to  him  and  aoqnainted  him  that  Mr. 
Roe  and  he  had  hem  to  see  the  earl  of  Bed- 
Ibrd's  garden  and  told  him  thi^t  was  a  fit  place 
to  take  dff  the  king  and  dnke  at,  but  in  other 
terms  which  now  I  haveforeot. 
.  mr Thomas ArmstroM^ <fid  come  tome  the 
JBimdaj  night  after  the  &e  at  Newmarket,  and 
tail  m^  that  he  jnst  came  from  Ferguson^  and 
that  notwitttttamng  they  returned  so  soon, 
Fcrgnson  did  not  £abt  m  have  men  ready  by 
Aat  time  to  do  the  basiness,  and  desired  mom 
go  with  him  to  Ferguson's  lodging  in  his 
CDoeh  whieb  I  did,  when  I  came  mere  fergvi- 
son  told  me  the  same  bat  that  they  wanted 
money,  Mr.  Charleton  not  being  to  be  Ibund, 
vpom  which  sb:  Thomas  desired  me  to  lend 
some  and  he  wonld  see  me  repaid,  and  said  if  he 
bad  been  in  sleek  he  would  have  done  it  him- 
sdf ;  nponth^ruersnasion  I  went  to  ^ly  hoase 
1  tfiink  io  sir  Thomas's  coach  and  brought  40 
goineas;  he  again  repeated  that  he  wduldjee 
ine  repaid  ;  several  times  aHer  be  told  me  Fer- 
guson had  my  money  and  wondered  I  would 
liotff6  to  him  to  receive  it. 

i%sr  the  discovery  sir  Thomas  came  one 
night  and  told  me  he  wondered  I  was  not  gone, 
and  did  importone  me  to  be  gone  with  the  first 
and  In  the  mean  time  to  ke^p  eloOe,  ibr  that  1 
was  migtrtily  Jiunted  after. 

J.  ROMSBT.  ' 

A  Lnrsa  from  sir  Wiluax  Staputon,  Go« 
▼emor  of  the  Leeward  Islands,  to  sir  Lbo- 

LDIE  i£NKBfS« 

NeviSy  Jan.  S5IA,  1685. 
Ifigfat  Hononrable ;  What  now  offers  Io  in- 
jbrm  yoor  honoiir  is  that  having  seen  the  king's 
wodamation  wnd  a  list  in  print  of  the  eonspira- 
vm  In  the  last  most  detestable  plot ;  I  foimd 
ose  Jamen  HoBoway  merdent  tberein  speci- 
M  ied  and  ttidicted,  who  went  by  another 
aiflie,  Tin.  John  Milward,  whom  I  l|i^e  caused 
ttbeweafdlhiorder  to  Bendhinihoiaeby  the 


The   INFORMATION   of  JAMES   HOI^ 
LOWAY.  Read  the  11th  of  April;  1684. 

Great  Sir:  I  ^our  majesty's  most  humble,, 
bat  too  moral  misled,  and  disobedledt  sulnect 
do  here  most  flSuttftiily,  according  to  the  best 
of  my  remembrance,  ^ve  you  an  adconnt  ol 
what  I  knew  concerning  the  llite  discorered 
conspiracy,  how  1  came  to  be  concerned,,  how 
fBx  I  was  concerned  ;  bow  it  was  to  have  been 
carried  on  in  Bristol :  why  I  did  not  come  in 
at  the  first  discovery,  ana  cast  myself  at  your 
majesty's  feet  for  mercy ;  how  I  made  my 
escape,  and  where  I  was  tiD  taken.  If  I  shaU 
through  fbrgetfulnesB  omit  J|nv  thing  that  it 
may  £e  thought  I  am  privy  to,  I  shall  be  ready 
andf  willing  truly  to  answer  any  qoestion  that 
flhidl  be  aoM  by  your  mafestv,  or  any  your 
most  honourable  privy-council,  no  way  de<«^ 
spairing  of  your  majesty's  mercy,  but  remain 
in'  hopes  that  that, fountain  of  mercy  which 
hath  so  abundantly  flowed  from  your  sacred 
breast  ever  since  your  happy  r  ^storation  is  not 
yet  dry,  and  that  there  is  some  drops  left  for 
me,  who  doubt  not  but  to  serve  yoar  migesty 
both  at  home  and  abroad,  much  more  hvrng 
than  my  <kath  win. 

That  which  I  have  cause  to  impme  the  oo- 
oasion  of  my  being  concerned,  if  as  my  tna 
publio  spirit,  preferring  your  miyesty's  and 
my  coimtry's  interest  muoh  befinre  my  own, 
but  especially  in  attending  the  two  lastpariia- 
ments,  promoting  an  act  for  the  encourage- 
ment orthe linnen  manalbcture^  and  the  pr^^ 
venting  of  frauds  in  your  majes^'s  customs, 
flee.  Wbicb  would  have  brought  m,  and  saved 
to  your  majesty  near  900,000/.  per  ann.  and 
employc^d  many  thousands  of  poor,  <Sec.  as  is 
Weil  known  to  many  worthy  persons  about 
your  court,  and  indeed  proved  my  ruin,  other- 
wise than  in  this  oon^rn«  by  bringing  me  into 
too  gppeat  acquaintance  for  one  of  my  capaci^, 
andby  that  to  be' concerned  as  I  was.  My  at- 
tendance on  those  two  parliaments  I  doubt 
have  been  mis-represented.  ^ 

Horn  far  I  wa$  concerned. 

After  the  dissolution  of  the  two  last  narlia«i^ 
ments,  I  observed  a  great  dissatisfacuon  in 
people  in  most  parts  where  1  travelled,  bat 
heard  nothing  of  any  design  till  July  1683, 
when  one  Mr.  Joseph  Tyly  of  Bristol  came 
ftopi  London;  I  meeting  with  him,  asked 
what  news,  be  answered  to  this  efiect,  all  liad^ 
and  if  some  speedy  course  be  not  token  we 
^all  be  all  undone,  for  by  their  arbitrary,  ille- 
gid  ways  and  by  force  of  arms  they  have  got 
sherifis  to  tibeir  minds,  witnesses  they  had  be- 
fore, but  wanted  jurors  to  believe  thenf,  noW 
they  have  got  sherifis,  naming  Mr.  North  and 
Mr.  Rich,  who  will  find  jurors  to  believe  any 
evidence  agakiil  a  Protestant,  and  so  hang  nf 


499]     SiTATE  TRIALS^  35  Cha&LBS  II.  l6^S.^IiUr&dmction  to  f *e.  TVitffr      [44Q 

aU  the  kbff^s  fiiends  by  degrees ;  I  theo  told 
him  .that  I  thought  it  was  impossible  such 
Uiings  could  be  done,  but  the  king  must  hear 
of  it ;  no,  said  he,  there  is  none  suffered  to 
come  near  the  king,  but  those  who  have  been 
declared  enemies  to  the  king  and  kingdom  by 
parliament,  naming  some  that  were  mentioned 
m  the  printed  votes,  who  to  save  themselves  do 
endeavour  to  keep  all  such  thinffs  from  the 
king's  knowledge,  and  persuade  nim  against 
paruaments,  with  much  more  such-like  dis- 
coui'se,  by  which  1  found  the  same  was  dis- 
coursed throughout  England,  Scotfand  and 
Ireland  as  a  means  to  engage  people.  At 
length  he  told  me  that  the  I'rotestant  gentry, 
naminu'  the  earl  of  Shaftsbury,  lord  Howard  of 
tliscrick  and  others  ^r-ere  come  to  a  resolution, 
seeing  fair  meaus  woulil  not  do,  but  all  things 
on  the  Protestants  side  are  mis -represented  to 
tlie  king  by  such  great  criminals,  and  none 
more  in  favour  than  those,  to  take  the  king 
from  his  evil  council,  and  that  by  an  insur- 
rection in  several  parts  of  England  at  once, 
viz.  London,  Biistol,  Taunton,  Exeter,  Ches- 
ter, New -Castle,  York,  and  some  other  places 
in  the  North,  and  that  there  would  be  a  con- 
siderable party  ready  in  Scotland,  and  another 
in  Ireland,  therefore  said  he,  we  must  con- 
sider how  to  manage  afiairs  in  Bristol,  for  if 
they  proceed  at  Michaelmas  in  choosing  lord- 
ntayor  as  they  did  sheriffs,  and  to  swearing  of 
North  and^  Rich,  it  must  begin  in  October  or 
November,  otherwise  there  will  be  some  Sham- 
Plot  contrived  to  take  off  most  of  the  stirring 
meu  in  the  last  parliaments  ;  with  much  other 
discourse  to  the  same  effect,  adding,  that  Mr. 
Wade  would  'Come  down  very  suddenly,  by 
whom  we  mi^fht  expect  a  full  account  of  all. 
About  the  end  of  August  as  near  as  I  can  re- 
incniber,  Mr.  Wade  came  down,  wbo  con- 
firmed what  Mr,  Tvly  had  said,  but  could  say 
little  as  to  any  farther  resolution  they  were 
come  to  above,  either  of  any  time  Or  method 
agreed  upon,  but  that  the  design  went  on,  and 
mc:i  v/ere  employed  in  all  parts  to  try  hoW 
people  were  inclined,  who  found  enough  ready, 
fttid  that  there  would  be  no  want  of  men,  if  it 
was  once  begun.  Then  we  considered  how  it 
initjht  be  managed  in  Bristol,  and  what  num- 
1k  r  of  men  might  be  needful  for  the  first  onset ; 
towards  which  he  said,  we  might  depend  on 
150  men  from  Taunton  or  thereabouts,  and 
concluded  that  360  might  be  sufficient  to 
secure  it  without  the  bloodshed  of  one  msui,  it 
bt  ii:ir  our  design  to  shed  no  blood  if  possible, 
but  this  we  resolved  not  to  acquaint  any  of  our 
friends  with  it,  till  the  day  and  method  was  re- 
solved, of  which  he  said  we  should  have  10  or 
14  days  notice ;  and  having  soon  considered  of 
a  method,  waited  in  expectation  of  further  ad- 
vice, but  none  came  till  November ;  then  we 
heard  that  some  disappointment  happening 
they  were  forced  to  delay  it,  though  there  was 
mor/e  aud  more  cause  for  it.  The  end  of  De- 
cember or  beprinaing  of  January  had  advice 
that  it  was  deferred  to  the  beginning  of  March. 
Tbe  third  of  March  1  came  to  London,  and 


n^eetiDg  with  Mr.  Wade,  asked  him 
went,  who  answered  diat  he  could  not  tell 
what  to  make  of  it,  for  he  could  find  nothing 
done  more  than  was  nine  months  before.  The 
ffreat  persons  who  were  the  mam^^ers  having 
done  nothing  but  talked  of  things,  but  now 
there  was  some  others  appointed  to  manage  tt^ 
who  were  men  of  business,  naming  them  to  me, 
viz.  The  carl  of  Essex,  the  lord  Howard  of 
Escrick,  the  lord  Gray,  the  lord  Russel,  colonel 
Sidney,  major  Wildman,  Mr.  Hambden  th« 
youager,  and  Mr;  Charlton,  who  he  did  sup- 
pose would  make  something  of  it,  and  not  do 
as  the  others  had  done,'make  a  year's  talk  to 
ensnare  many  thousarids  of  people*  to  no  pur- 
pose ;  for  these  had  already  sent  messensen 
into  Scotkmd  and  Ireland,  to  know  their 
minds,  naming  one  Aaron  Sfaiith  sent  into 
Scotland,  and  at  the  return  of  the  messengeis 
would  come  to  a  rteolution  as  to  time  and  me- 
thod, but  he  was  confident  they  could  not  be 
ready  before  Midsummer  by  reason  they  had 
done  so  little  in  order  to  it.  Mr.  Wade  was 
then  designed  into  the  West  upon  the  eafl  of 
Stamford  s  business,  and  said  it  he  could  mi- 
dcrstand  any  thing  more  before  he  left  LondoB 
he  would  take  Bnstol  in  his  way  and  acquaint 
us  with  it.  This  journey  he  brought  me  to 
colonel  Romzey  with  whom  we  had  little  dis- 
course, he  being'  going  forth  with  his  lady. 
The  sixth  of  Alarch  I  left  London,  and  went 
directlv  for  Bristol ;  about  the  13th  of  March 
Mr.  Wade  came  to  Bristol,  but  then  could  say 
no  more  than  as  above,  the  messengers  beinsp 
not  come  back  from  Scotland  nbr  Ireland,  and 
was  of  his  former  opinion,  that  if  any  thinc^ 
were  done,  it  could  not  be  before  Midsummer^ 
he  then  ej^ected  to  be  about  two  mouths  in 
the  West,  and  said  that  if  anv  thing  was 
agreed  upon  sooner,  one  Mr.  West  a  coun- 
sellor had  promised  to  write  to  him  in  the  name 
of  Inglestone,  and  direct  his  letter  to  be  left  at 
his  brother's  in  Bristol,  who  Wade  ordered  that 
if  any  such  letter  came,  to  open  it,  and  if  any 
thin^  material  in  it,  to  seuditby  a  messenger  to 
himmto  the  west.  About  the  17th  of  Marchcame 
a  letter  for  him  from  West  in  tlie  name  of  In- 
glestone, which  his  brother  opened,  and  not  on- 
derstanding  the  stile,  brought  it  to  me,  but  I 
knew  not  the  meaning  thereof.  The  contents 
was  to  desire  Mr.  Wade  to  get  his  clients  to- 
gether the  nextSaturday  come  fortnight,  fyr 
that  was  the  day  appointed  to  seal  the  writings, 
and  neither  of  us  understanding  it,  his  brother 
sent  it  by  a  messenger  afler  him  whofi>und  hint 
at  Taunton,  and  his  answer  by  the  messenger 
was,  that  he  knew  not  the  meaning  of  it,  but 
should  be  within  ten  miles  of  Bristol  the  next 
Saturday  desiring  that  if  any  other  letter  came, 
to  send  it  to  him.  About  three  days  afWr  came 
another  ^letter  as  above,  desiring  him  not  to  call 
his  chents  together  for  the  tim^of  sealing  was 
put  off,  which  letter  was  also  sent  to  him,  hot 
he  understood  it  not,  saying,  it  was 'some  rash 
business  or  other  and  so  went  back  again. 

The  dth  of  April  I  came  to  London,  and 
that  eveping  weot  to  Mr.  We«|>  ctkfunbcr 


441]      STATE  TRIALS,  35  Ch^BLBS  II.  l683.<-t/b-  the  ttge^Bauie  Phi.       [442 


io  the  Temple  whet«  I  found  him,'  «bo  thto 
did  not  know  nie,  but  when  I  tod  him  my 
nime,  from  jvhence  I  came,  and  mentioned 
the  two  letters  Mr.  Wade  receiTed  from  him, 
he  b^^  to  be  somewhat  free  in  discoarse  with 
ne.  1  then  told  him  that  Mr.  Wade  and  hit 
fiiends  were  surprised  at  the  letters,  not  know- 
ing what  he  meant  by  them,  and  did  desire  to 
know,  concerning  which  he  seemed  a  little  shy, 
kit  after  little  discourse,  began  to  tell  me,  say- 
ing, there  was  a  design  to  take  off  the  king 
and  duke  coming  from  Newmarket,  which 
tbey  expected  would  have  been  that  Saturday 
mentioned  in  his  letter,  had  not  the  fire  hap- 
pened, which  caused  them  to  oome  sooner ; 
nay,  said  he,  had  we  known  they  would  hare 
stayed  so  long  as  they  did,  their  business  should 
hare  been  done :  I  then  asked  him  what  he 
meant  by  desiring  Mr.  Wade  to  get  his  clients 
together  by  that  day,  and  what  ne  could  pro- 
pose they  should  have  done,  to  which  he 
could  say  little,  only  that  they  might  be  ready. 
I  then  told  him,  that  I  thonght  it  a  very  rash 
thing,  and  that  few  in  England  would  approve 
of  it,  that  I  was  sure  none  about  us  would, 
being  a  most  cowardly  dishonourable  action,* 
besides  the  basest  sin  of  murder  ;  then,  said 
he,  what  is  designed  by  the  generiil  design  but 
to  take  them  both  off,  and  if  it  had  been  done 
that  way,  it  would  have  prevented  a  great  deal 
of  hkKMlshed  in  the  nation  ;  no,  said  I,  no  such 
thing  is  designed  as  \  know  of,  the  general 
design  being  only  to  get  the  king  off  fro^n  his  \ 
evil  counsels,  who  had  advised  him  to  put  a 
stop  to  proceedings  against  Popish  Plotters  by 
disHoLving  of  parliaments,  &c.  and  to  bring  all 
nopish  offenders  to  justice,  and  snch  who  had 
betrayed  the  liberty  of  the  suliject ;  and  this 
I  thmk  was  all  the  discourse  we .  bad  at  that 
time  b^ng  the  first  of  my  acquaintance  with 
him  :  that  night  I  went  with  him  to  a  tavern 
in  Fleet-street,  where  was  captain  Norton, 
Richard  Goodenough,  and  one  Mr.  Aylif,  who, 
to  my  knowledge,  I  never  saw  before  nor 
since ;  whilst  I  was  with  them  there  was  no 
<fisGourse  of  aoy  business,  but  I  soon  left  them 
together.  The  next  day  -Mr.  Roe  of  Bristol, 
brought  me  to  Mr.  Ferguson,  at  .the  house  of 
one  olr.  Bourne  a  brewer,  but  was  not  ad  • 
mitted  to  see  him- himself;  J'erguson  then 
went,  by  the  name  of  itoberts,  who  when  1 
had  told  my  name  and  from  whence  I  came, 
was  pretty  free  in  discourse  with  me,  and  told 
me  the  design  weot  on  very  well,  that  there 
were  some  Scotish  gentlemen  come  up,- who 
were  tr^ting  with  the  managers,  and  did  hope 
they  would  agi'ee  in  a  few  day^,  and  come  to  a 
resolution  boui  as  to  time  and  method,  of  which 
we  should  have  tiipely  notice,  but  by  all  his 
discourse  at  that  time  1  could  not  neroeive  that 
he  ktiew  any  thing  of  the  Newmarket  design. 

That  day  I  hod  some  discourse  with  colonel 
fioBusey  at  his  house  who  I  found  was  privy 
tP  the  Newmarket  (business,  and  his  opinion 
WBsihat  the  general  design  would  come  to-no- 
thiqg,  for  he  did  not  approve  of  the  managers 
actings,  and  said  there  was  nothing  Uke  the 


other  design,  for  tiiat  would  put  an  end  to  all 
inahtttetime ;  dien  1  told  hnn  that  1  thoo^ 
none  in  our  parts  would  be  for  it,  which  I  think 
vras  all  die  discourse  we  then  had,  only  he 
promised  that  if  any  thing  was  agr^  befora 
Mr.  Wade  came  up,  I  shonki  hear  of  it,  so  I 
took  l(»ve  and  went  for  Bristol  the  next  morn- 
ing. About  ten  days  after,  hearing  nothing 
from  them,  (Ferguson  having  told  me  that  h# 
thought  all  would  be  agreed  in  ibilr  or  fire 
days,  and  promised  to  advise)  I  wrote  to  Mr. 
West  desiring  to  know  how  th^  vent  on,  who 
wrote  me  that  they  still  met  with  delays,  and 
were  come  to  no  conclusion,- after  that  I  heard 
no  more  till  May.  About  the  beginning  of 
May  I  came  up  to  London  again,  in  company 
witn  Mr.  Wade  and  some  other  Bristol  men, 
but  when  we  came  up,  my  business  being  in 
the  city,  and  theirs  about  the  Temple,  wre 
parted ;  after  two  or  three  days  I  met  with 
Mr.  Wade,  and  asked  hovr  he  found  tilings, 
who  told  me,  he  doubted  all  would  prove  a 
sham,  for  he  thought  there  was  nothing  in- 
tended, findmg  nothing  materially  done  in 
order  to  what  had  been  so  long  discoursed. 
Then  we  went  to  Mr.  West,  and  discoursed 
him  fully  about  the  contents  of  his  letters,  who 
told  us,  they  were  resolved  to  kill  the  king  and 
duke  as  they  came  from  Newmarkht,  in  order 
to  which,  he  had  provided  arms  for  50  men, 
pistols^  carbines  and  blunderbusses,  and  that 
they  were  promised  the  house  of  one  Rum- 
bald  a  mdsler,  which  lay  in  the  road,  and  the 
king  mUsteome  by  his  door,  there  the  men' 
should  have  been  lodged.  Then  we  asked  who 
was  to  have  acted  it,  to  which  he  cotdd  give 
but  a  slender  answer,  and  could  or  would  name 
but  two^men,  who  were  Rumbald  and  his  bro  * 
ther,  saying,  if  diey  could  have  raised  six  or 
800/.  to  have  bought  horses,  and  somethmg  to 
encourage  men,  they  shouki  have  had  men 
enough  ;  so  that  we  found  they  had  tew  meo,^ 
if  more  than  two,  and  no  horses,  only  a  parcel 
of  arms,  which  afterwards  he  shewed  us  at  a 
gun-smith's  house  in  a  little  lane  near  Temple- 
Bar.  Then  we  asked  him  what  they  designed 
if  it  had  tak«i  effect,  to  which  he  answered, 
diat  the  men  should  ^ave  comei  up  with  all 
speed  to  London  and  dispersed  themselves  im- 
mediately, declaring  for  the  duke  of  Mon- 
mouth, and  that  theking  and  duke  being  dead, 
no  opposition  eould  be  made ;  then  we  asked 
who  were  for  this  design,  he  named  colonel 
Romzey  and  Richard  Goodenough,  and,  as  far 
as  I  can  remember,  no  more ;  so  we  found  it 
was  carried  on  by  them  contrary  to  the 
knowledge  or.iipprobation  of  those  who  ma- 
naged the  ^^eoinX  design :  then  we  declared 
our  great  didhke  of  it,  telling  him,  it  ifvas  a 
base  dishonourable  and  cowurdly  action,  and 
woidd  seem  odious  to  all  the  world,  that  any 
pretending  themselves  Protestants,  should  be 
concerned  in  such  a  bloody  action,  and  that  we 
thought  it  was  his  cowardice  put  him  upon 
it ;  to  which  he  said,  that  he  could  not  fight, 
but  would  be  as  forward  with  his  money  as 
any  of  his  capacity.    Then  we  went  to  oolonel 


443]     STATE  TRIAU^  %S  Cif  ables  II 

"Bamaeff  wko  wefowid  to  be  wliolljr  of  Wmt?n 
.  cMoBf  aiyiBe,  ibatencept  somettmii^  be  Amt 
Ibai  way,  I  Know  notfaing  will  be  done  at 
aU,  Cor  be  knew  the  otber  managen  would  do 
aodliDg;  80  we  had  little  discoune  at  that 
tliae.  AfWr  this  we  went  to  Fcrgfttson,  who 
told  HO  hew  things  stood;  we  theo  foond  that 
he  knew  of  both  desiens^  but  was  only  for  the 
]iMiURectum»  and  told  ns,  thai  the  managters 
had  been  treating  with  some  Scotch  gentlemen, 
that  they  ^^en  ahnost  agreed,  and  that  the 
money  they  were  to  be  supplied  with,  wonld 
te  re^y  in  three  or  four  days,  being  10,0001. 
which  wee  to  be  retnined  to  Holland  to  buy 
arms,  te.  ^r  Sootbmd.  He  also  told  us  that 
the  Soelch  gentleeMn  had  made  another  pro- 
posal to  the  managers,  thus,  if  they  would  sup- 
ply them  with,  SfLQOOL  they  wodd  bmn  it 
m  Bcotland  first,  wmch  they  could  soon  nave, 
and  then  would  inrede  England,  desiring  the 
managers  only  to  gel  eperty  ititheNoith  of 
England,  ready  to  oppose  any  ibroe  from 
coming  out  of  JSngland  against  them,  before 
they  had  settled  Heotland :  but  this  was  not 
approved  of,  the  managers  ehusing  rather  to 
supply  them  with  t0,OOO^  and  to  omn  it  in 
England  the  same  time.  Then  we  &i)v  ex- 
pected to  hear  when  the  money  would  be 
paid,  but  still  found  nothing  but  delays,  the 
manaffers  not  agreefaig  how  to  raise  the  money, 
end  that  if  the  money  had  been  ready,  they 
were  come  to  no  oondusion  as  to  any  method 
more  than  they  were  nine  months  before, 
having  done  nothing  but  talked  to  ensnare 
people,  rroorting  about  in  all  jHurti  how  the 
liberties  of  the  people^  were  daily  more  and 
more  iniffinged,  and  thai  arMtrary  government 
-  and  popery  was  coming  hi  anaoe,  which  in- 
cnaed  people  vwy  turn  and  made  such  a 
grumfaiwg  m  all  parli,  that  we  ftared  kmger 
deUys  wouM  make  the  common  ^ple  in 
many  parts  untmy,  it  being  as  we  tbooght 
ae  generally  known,  euept  semedimg  was 
anddenly  done,  it  was  nmossible  it  should 
remain  undiscovered,  ae  toe  neit  time  We 
met  with  Romzcy  and  Fergoson  (though  never 
together)  we  declared  our  dissatisfhctioB  by 
reafiOB  or  euoh  long  ddays,  end  spoke  it  so  as 
that  it  might  come  to  the  managers  ears,  as 
we  suppose  it  dkl,  being  to  this  eflSct,  That  we 
thougnt  they  had  only  a  design  to  betray  peo- 
ple, drawbg  many  thousands  mto  a  snare,  ibr 
their  aotions  shewed  litUe  otherwise,  being  so 
long  disooursing  a  thing  of  tbit  natore  and 
dene  ae  little  towards  it :  few  days  after  meet- 
iMfwith  Romaey  again,  he  told  us  they  were 
of  different  epinlons  conoenung  a  method, 
same  lor  begmning  the  insonection  oidy  In 
Loadon  and  fieotfamd,  soa^e  for  it  in  all  places 
al  once  as  at  first  nra^posed,  others  for  several 

Kes  in  England  and  Sootland,  and  not  in 
don,  saying  that  if  it  was  not  begun  in 
Vindbn,  but  in  other  pkces,  there  would  be 
threes  raised  in  London  to  send  oat  against 
tbem,  which  will  take  eat  most  of  their 
sngtti,  and  that  thBl  Loodeo  might  be  easily 
*l  aemlimae  they  w^  %  kigiimiiig 


it  only  in  London  and  SlDottend,  end  to  hev* 
people  oome  up  to  London  Irom  all  parts  of 
England,  to  which  we  answered  tnat  we 
thought  no  way  better  than  what  was  first  j^i- 
poeed,  (via.)  ttie  beginning  of  it  in  many  plaoee 
at  onoe,  as  before  mentfoned,  for  although  wo 
had  engaged  none  In  or  about  BrislCM,  nor 
should  not  endeavoor  it  tiQ  ail  things  were  con- 
cluded, yet  with  the  assistance  we  were  pro- 
mised from  Taunton,  did  not  doubt  but  to  get 
men  enough  to  secure  it,  end  that  we  ki^w 
not  where  to  get  10  men  that  would  eolne  tor 
London,  and  supposed  it  might  be  so  in  oAer 
platoes,  men  might  be  willing  to  secnre  their 
Own  country  wlu»  would  not  be  willing  to  leave 
all  and  oome  ibr  London.  Romzey  then  sai4 
if  he  knew  where  to  get  at  the  head  1,000  men 
he  would  begin  it  presently,  and  desired  that 
we  might  meet  the  next  nignt  with  some  others 
and  consider  of  things,  so  the  next  afternoon 
we  met  at  Richard's  cofTee-hous&aear  Temole- 
Bar  and  from  thence  to  a  tavern  near,  I  think' 
called  the  Little  or  Young  Devil  tavern,  whem 
met  8  persons,  (fiz.)  colonel  Romzey,  Robert 
West,  captain  Norton,  captain  Walcot,  Richard 
Goodenough,  Francis  Goodenough,  Nathaniel 
Wade  and  myself  (this  was  the  first  time  I 
knew  Walcot.)  When  we  were  all  sit,  colonel 
Romzey  spoke  to  this  effbct,  ss  near  as  I  can 
remember  the  same  words,  gentlemen ;  if  we 
can  raise  3,000  men  in  and  about  London^ 
there  ia  a  person  of  honour  will  appear  at  the' 
head  of  them  and  begin  the  business ;  which 
we  supposed  to  be  the  duke  of  Homnoath,  and 
do  not  well  remember  whether  he  mentioned' 
his  name  or  not  Which  proposal  mu<^  sor- 
prised  Bfr.  Wade  and  I,  that  he  should  tfaen 
question  the  raisbg  of  8,000  men,  whereas 
^hen  it  was  tint  mentioned  to  us  we  thoa|^t 
they  had  been  sore  of  many  thousands  in  Lon- 
don at  an  hour's  warning.  Then  it  was  con- 
sidered how  3,000  men  might  be  raised  and 
how  they  might  do  somethiiv  to  the  pnrpeee : 
then  we  decwed  what  method  we  bad  con- 
cluded on  for  the  management  of  affairs  in 
Bristol,  which  was.  as  fiillowetfa,  and  they  could 
think  of  no  better  way,  so  it  was  concluded 
that  London  and  tim  suburbs  should  be  divided 
into  90  parts,  and  one  man  made  choice  of  in 
each  divfadon  who  should  chuse  out  10  In  hie 
division  that  he  eonld  trust,  and  each  of  those 
10  to  find  out  15,  which  would  make  161  i^ 
each  division,  so  that  90  diviuons  would  iiro* 
dnoe  3,990,  in  order  to  which  a  map  of  Lon* 
don  was  to  be  bought  the  next  day,  and  eaek 
division  drewn  out  in  a  particular  paper,  raoi* 
tioning  every  street  and  bne  of  note  m  it,  with 
the  north,  oast,  south  and  west  bounds  thereof, 
and  to  be  brought  the  ncott  neeliug  9  or  9 
nights  after ;  at  the  first  meeting  it  was  agreed 
that  none  should  know  of  this  design,  vizr  (of 
thecfaief  managers)  till  all  the  men  were  ae- 
cored,  end  that  those  7  (I  bdng  not  to  stay 
long  in  London)  should  meet  every  9  or  3 
nigMs  till  all  was  comideted.  Al  this  meOtinf 
Romaey  and  West  would  be  (rften  saying,  there 
WW  nomii^  like  the  lopping  buiiMBs,  mcaninf 


AU}     STATE  TIUAL8, 3j  Cbablm  II.  l6ii.-^or  the  Hgt^Omt  Pht.     (446 

.mD^or»or  to  or  from  tb^  playbousOy  Ibut  I 
nerer  heard  any  igrt^  with  uim  vi  il«  Next 
hy  a  map  was  bought^  and  brought  to  West's 
titamber  m  ike  Temple,  where  some  met  to 
firide  it  and  draw  out  the  divisions  against  tfaft 
Best  meeting.  The  next  j^acewe  met  at  t 
^iak  was  uie  Castle*taFem  in  Fleet-street, 
where  som^  of  ttie  divisionss  were  brought,  aU 
being  not  done,  and  tiienit  was  oensidereid  how 
fliey  should  be  distributed,  being  we  were  meet 
itiangerB,  and  agreed  that  Richard  Good- 
eDongb,  who  had  been  uBder-shenflr,  and  so 
bad  a  general  aa|iiaintance,  sboold  do  it,  who 
was  wuiing  to  undertake  it,  the  rest  itf  the 
£naon8  to  be  read^  against  the  next  meeting, 
wfaicli  wais'2  or  3  nights  after  at  the  Green- 
Dragon  tBTem  upon  8now-hiU,  where  when 
Ifr.  Ooodenoush  icame  he  told  ns,  That  he 
bad  dispeeed  of  some  of  them,  and  did  hope  it 
would  ^e  effect,  and  that  in  a  week  or  10 
dajB  he  should  have  fixed  the  SO  men ;  tbe 
consideration  how  things  should  be  managed, 
was  deferred  till  they  were  sure  of  the  men, 
only  some  mentioned  their  opinions  how  the 
Tower,  Whitehall,  and  other  pkices  might  be 
best  smrprtsed.  The  Tower  was  thought  might 
be  best  cained  in  the  day  time,  Whitehall  and 
edier  ^places  in  the  night,  with  many  sneh 
thii^  in  way  of  diseourse :  Romzey  was  still 
upon  the  old  strain  of  killing  the  king  and  the 
dnke,  saying  (at  this  the  last  meeting  1  was  at, 

^1^  Bristol  next  momiiM^)  that  it  might 
le  in  Windsor-^afk,  and  that  he  would 
undertake  it,  but  net  except  every  one  there 
present  would  go  with  him,  to  which  not  one 
ospaoited,  I  replying  that  I  was  for  no  such 
Aiw,  but  seeing  the  other  business  had  gone 
SD  mr,  and  was  known  to  so ,  many,  if  they 
etnld  bring  it  to  bear  in  London  and  other 
plaeee,  I  rashly  said,  rather  than  fail  of  Bristol 
tie  wiD  undertake  it  at  noon-^y  with  100 
BMn  ;  to  which  Romzey  said  1  was  a  bold  fel- 
low; th^  then  promised  (when  they  were 
sure  of  the  men)  t6  advise  and  take  care  for 
seme  aims  fbr  us  at  Bristol,  and  that  ite  should 
have  some  great  person  come  down  to  head  us ; 
but  I  heard  no  more  till  the  news  ef  the  dis- 
eovery  came  in  public  letters ;  I  remember  one 
time  when  Wade  and  1  was  with  Ferguson,  be 
told  us  that  the  dukeof  Monmoulfa  was  brought 
tD  a  low  eonditiofi,  all  his  places  being  taken 
fiom  him,  and  his  tenants  in  SooUalid  (b^ng  so 
Kverely  dealt  with  upon  account  of  their  re- 
figion)  were  not  able  to  pay  rent,  so  that  hi$ 
estate  there,  which  wss  accounted  worth  10  or 
12,00d/.  peraiinomycUd  not  yield  him  thif  last 
year  3,000^,  that  he  ww  not  weU  pleaaed 
irkh  the  management  of  afi&urs^  and  destired 
||r.  Wade  to  appoint  a  place  where  he  would 
INMl  the  lard  Gerrard,  aad  sir  Thomas  Arm- 
VlKODg,  to  discoorse  them,  to  which  Mr.  Wade 
filled,  he  would  meet  none  of  them,  for 
such  great  men  had  betrayed  the  nation  al- 
ftBAy^  and  jmanared  too  many  thousands  to  no 
purpose. 


We  concluded  that  the  only  w^  to 

Bristol  would  be  by  a  surprise,  whieh  wi^ 

about  SdO  men  (150  of  which  we  depended  «• 

from  Taunton,  the  ether  SOO  to  be  niisad  in 

and  about  the  city)  might  easily  be  d^me  ahiHit 

4  of  the  ob>ck  in  the  monting,  as  soon  an  the 

watch  were  gone  off,  without  the  bloodshed  of 

one  man,  thus,  dividiiMf  the  city  into  14  partly 

so  making  13  posts  besides  theiaaHigMi^ 

which  shoi;dd  at  &«t  have  been  at  the  Toidajr 

(which  is  in  Bristol  as  the  enefaaiige  hers)  w«  - 

supposed  20  men  might  be  auffieient  Inr  eaal^ 

post,  and  the  remainder,  for  the  main  gwaid,  out 

of  which  miffhtbemred4  or  6  fika  to  be  ««»- 

stantly  marching  aknti  and  la  Msist  fslMitt 

there  might  be  oceaflion.    The  netibod  w$  ^ 

signed  for  the  raismg  leoo  mc«  in  and  abo#  the 

city  was  thus,  first  te  IM  4nl  80  rnsn,  8  far 

each  post,  and  4  ^  A#  mais  guards  who 

might  be  able  each  of  them  to  neaewe  a  «kl  to 

oommand  them,  whidhipanid  Muremade  14  far 

eacbpost  and  88  for  the  maia  g«ard.  Id  whom 

the  Taunton  me«  aho^d  he  added,  (vis.)  6  to 

each  post  and  the  lemaindar  te  the  main 

guard,  who  shinUd  have  come  in  the  day  be» 

foie,  some  at  evesy  entrance  of  the  eaty  and 

k>dge    themselves   at  iana   and    aleKhonaea 

as  near  the  posts  they  were  appointed  fbr  an 

th^  Qould:  Each  man  hnng  to  know  his  past 

and  commanders  before  they  eame,  the  Bnslal 

men  to  lodge  themselves  and  aims,  with  arma 

for  the  Taunton  men,  in  an  house  as  near  aa 

possible  to  tiieir  poeta,  and  to  send  one  oat 

from  each  post  between  9  and  4  of  the  clock 

in  the  laaniing  to  observe  the  motion  cf  the 

watoh,  and  to  advise  aa  aoon  aa  they  weie 

gone  c^,  that  they  might  all  imsaediatdT  r^ 

pair  to  their  respeetife  peeks,  calling  the  iWa- 

ton  men,  aad  as  soon  as  they  had  gamed  thar 

posts  to  send  out  a  file  of  sansyieteera  tofetch 

u^snch  and  such  men  in  eacll  of  their  disisiaaB 

as  they  should  hafo  had  an  aecouni  of  hefcse, 

Imd  convey  then  to  the  main  gaard,  vriiish '  ia 

die  14  divisions  would  have  been  abeoi  ao 

persona,  eemmJssion-ofieeni  and  others ;  thea 

to  fetoh  in  all  tbe  anus  and  aaunnnition  ^bef 

could  find,  which  twe  things  being  done  (as  we 

supposed  might  be  in  a  little  time,  and  without 

any  opposition,  the  posts  tein^  so  near  each 

otber^  that  it  would  hiave  been  impoanfale  fbr 

anynaiaber  to  gettoflether)wereaalvednexft 

to  declare  the  reasoaamr  ear  taking  up  arms, 

and  to  enooarage  all  to  eome  ia  to  us  that  we 

eoidd  trust,  BO(tdoubthig  bat  we  should  soon 

have  had  many  thonaaads  in  the  city,  and  out 

of  the  adjaeent  eoantiei^  Gleaoofter,  Soiaenet 

aaiWdts. 

The  Het^ions  why  I  did  ndi  cam  in,  Sfc, 

When  the  nevra  of  the  discovery  first  came 
to  Bns^l,aQd  semetioae.belbreyl  was  insome 
trouble  by  my  creditors,  and  forced  to^  abscond 
though  ithought  I  had  sufficient  to  pay  them» 
only  deshed  time  t9  0et  in  my  effects,  their 
mercy  I  feared  more  than  your  migesty%  and 

8 


1  I 


44^]      STATE  TftlALS,  35  Charlks  II.  l6S3.^lHiroducti(m  to  the  Trials      [UB 


thought  if  I  should  come  in  and  find  mercy 
with  your  majesty,  t  coald  at  first  expect  no 
better  than  a  prison,  and  if  from  it  discharged 
hyyour  majesty,  to  be  kept  in  by  them  upon 
mooount  of  my  debts.  Secondly,  hearin?  there 
was  very  many  (in  and  about  Bristol)  sup- 
posed to  be  concerned,  and  1  (though  knowing 
80  much)  being  able  to  prove  so  little  against 
any  man,  but  such  against  whom  there  was 

,  sufficient  proof  without  me,  feared  that  if  I 

.  should  come  in  more  would  be  expected  from 
me  than  I  could  prove,  and  so  mi^ht  fail  of 
mercy,  it  having  been  our  resolution  not  to 

X  discover  the  design  to  any  of  our  friends  tiU 
4fae  managers  had  agreed  hoth  upon  time  and 
method,  therefore  considered  how  to  make  my 
escape,  there  b^ng  then  a  strict  search  in  all 
-poets,  diooght  best  to  continue  in  England  fof* 
some  time,  till  the  heat  might  be  over,  and  so 
got  an  ordmary  habit  and  a  little  horse  about 
40s.  price,  and  travelled  the  country  as  a  man 

,  -^dealing  in  wool,  in  Gloucestershire,  Chdbrd- 
shire  and  Somersetshire,  till  about  the  mid- 
ftte  of  August,  then  repiured  towards  Bristol, 
•and  by  letter,  with  my  wife's  assistance  (all 
^her  niends  thereabout  fearine  to  act  for  me) 
prevailed  with  a  poor  man  who  had  &  small 
Doat  about  ten  tuns,  for  20/.  reward,  and  the 
>  like  per  month,  for  six  months,  to  go  with  me 
ibr  France,  and  from  thence  to  the  West  In- 
dies or  where  1  would,  my  name  being  then  in 
no  proclamation  or  declaration,  if  it  had  I 
should  not  have  prevailed  with  the  man  to  go 
with  me.  So  the  23d  of  August  sailed  from 
King's- Road  for  Uochell;  the  35th  proving^ 
bad  weather,  cracked  our  mast,  and  so  put  into 
St  Ives,  in  Cornwall,  where  we  staid  till  the 
4th  of  September ;  then  put  out  again  for  Ro- 
chell,  hut  meeting  with  contrary  winds  was 
forced  into  several  places  in  France,  and  gained 
Doe  our  port  till  the  17th.  In  Rochell  I  loaded 
her  with  brandy  and  other  goods,  and  the  4th 
<yf  October  saifed  from  thence  for  the  West- 
Indies  (being  willing  to  know  bow  my  con- 
cerns lay  there,  that  my  creditors  mi^ht  have 

« their  own,  though  I  knew  I  might  be  much 
safer  in  France)  and  arrived  at  Barbadoes  the 
11th  of  November,  ti^ere  1  heard  of  my  name 
being  in  the  Gazette,  therefor^  staid  but  two 
dajTS  landing  part  of  my  cargo,  from  thence  I 
went  to  Antigua,  where  I  landed  omd  disposed 
of  the  remaining  part,  staying  there  about  ten 
days ;  but  it  being  too  soon  for  the  crop,  and 
jny  charge  bein^  the  same  lying  still  or  going 
farther,  also  thinking  it  not  safe  to  lie  long 
there,  resolved  to  see  the  rest  of  the  Caribbee 
Islands,  and  so  went  down  to  Mounserat,  Ne- 
vis, St.  Christophers,  St.  Eustatia  and  AnguiUa, 
and  so  badiL  again  to  St.  Christophers,  si^p- 
uosing  that  to  be  the  safest  place,  I  being 
known  to  none  there,  where  1  staid  about  three 
weeks.  About  the  14tb  of  January  I  wrote  to 
mr  factor  in  Nevis  about  what  was  due  to  me, 
who  on  receipt  of  my  letter  discovered  me,  so 
that  sir  William  Stapleton  presently  sent  his 
warrant  to  St.  Christophers  to  apprehend  me, 
but  before  it  came  I  was  gone  down  to  St.  Eu- 


statia, expecting  to  meet  my,  vessel  there, 
which  I  had  sent  up  to  Barbadoes,  and  it  he* 
ing  known  wh^'e  I  was  gone,  the  deputy  ^go- 
vernor of  St.  Christophers  sent  fiye  men  nvith 
his  warrant  after  me,  to  whom  on  sight  thereof 
I  submitted,  thongh  had  an  opportunity  and 
might  have  escaped,  but  was  rather  willing  to 
cast  myself  at  nis  majesty's  feet  for  mercy, 
than  live  such  a  life  any  longer,  not  daring  to 
appear  where  there  was  lie^  of  me  (among 
my  factors)  who  I  doubt  will  take  too  mucE 
a(f vantage  by  my  troubles  for  my  (Teditors  in- 
terest. In  Nevis  I  was  kept  a  prisoner  13 
days,  where  I  promised  sir  William  Stapleton 
that  I  would  make  what  dis4k>very  I  could, 
giving  him  the  names  of  some  who  I  had  ac- 
quainted with  it  in  Bristol,  which  I  suppose  he 
hath  given  an  account  of,  desiring  him  that  it 
might  be  kept  private,  for  if  it  was  known  they 
would  have  advice  of  it ;  but  it  was  not  kept  so 

rivate  as  I  expected,  for  the  night  I  came  off 
was  told  of  it,  therefore  suppose  they  wei« 
advised  by  a  Bristol  ship  that  came  away  be- 
fore us,  oy  which  I  wrote  not  a  word.  I 
suppose  she  might  be  at  home  long  before 
us,  ^we  being  nine  weeks' and  five  days.  All 
that  I  can  say  against  any  of  them,  except 
William  Wade,  who  is  before- mentioned,  is, 
that  I  acquainted  them  with  the  business,  as  I 
believe  many  thousands  in  England  were,  and 
do  suppose  they  would  have  been  concerned. 
Hereunder  is  an  account  of  many  other  per- 
sons that  I  have  heard  were  concfemed  in  tbel 
design  for  an  insurrection,  which  is  all  that  I 
can  call  to  mind  of  any  ^ing  material  that 
ever  I  heard  concerning  the  Plot. 

A  Paper  found  in  Mr.  Charleton's  Custody.  • 

Worthy  Sir;  The  particulars  underwritteiu 
are  a  bnef  account  of  what  service  was  done 
since  May  the  15th,  1680,  during  which  time 
6/.  perann.  hath  been  paid  for  rooms,  most 
was  for  that  service,  besides  wages  to  two  ser- 
vants, amounting  to  upwards  of  10/.  which  is 
not  at  all  charged  to  the  account.  And  aU 
earned  and  charged  on  that  account  is  hut 
56/.  10s,  for  paper  and  print,  viz. 

The  Black  Box,  first  impression,  paper 
and  print,  number  1,500    -     -     -  £-  5     0 

Second  impression,  with  alterations, 
number  1,500  .......      50 

The  Answer  to  the  Declaration,  three 
sheets,  number  3,000,  paper  and 
print    --•----.--     18    O 

The  Two  Conferences,  five  sheets, 
number  8,500,  paper  and  print  -    -     25    O 

Reasons  for  the  Indictment  of  the  D. 
of  Y.  number  1,000,  paper  and  print      S  lO 

For  bags,  boxes,  and  porterage     -    -      1     O 

Sum  is     -     -     -    -  ^.  56  lO 


Whereof  received    -  ^.  33    O 


.  ^.  23  lO 


4*9]       STATE  TRIALS,  33  Charles  II.  J 6S3.—>r/A«/2ye.awwP/a#.       [450 


Besides  all  the  k^ge  promises  when  engaged 
in  that  iervice,  viz.  to  be  tlie  piirliaineot  printer 
(and  when  the  parliament  sat,  bad  not  one 
fihfiset  to  do  of  all  the  vast  numbers  done  for 
tbein).  Ako  100/.  per  ann.  and  reimburse- 
ment for  an  engine  made  on  purpose  foe  the 
serrice,  which  cost  15/. ;  a  former  that  cost 
16/.  being  rotted  in  the  former  public  service. 

Towards  all  which,  eight  guineas  were  re- 
ceived oTMr.  Ferguson,  said  to  be  his  own  gift. 
.This  is  a  brief  account  of  what  past  under  Mr. 
Ferguson's  oixler,  which  shall  be  faithfully 
made  appear  to  his  face  if  be  dare  stand  the 
leaL    By  Sir,  your  most  humble  servant. 

Captaun  Walcot*s  Letter,  To  the  right  ho- 
nourable sir  Leo.'ine  Jenkins. 

Honoured  Sir ;  I  bein^  in  the  country, 'and 
to  m V  great  trouble  seeing  myself  in  his  ma- 
jesty's proclamation,  I  came  last  ni^htto  town, 
,resolf iDg  to  lay  myself  at  ^is  majesty's  feet, 
1^  bim  do  with  me  what  he  pleoseth ';  this  is 
.fhe  first  crime  I  have  been  guilty  of,  since  his 
loajesty^  restoration,  and  too  soon  by  much 
now:  if  bis  majesty  thinks  my  death  ^^iIl  do 
him  more  good  than  my  life,  God's  wiii  and 
his  be  done.    Until  I  sent  your  honour  this 
letter,  ray  life  was  in  mv  own  power,  but  now 
.it  is  in  the  king's ;  to  whom  I  do  most  hunobly 
propose.  That  if  bis  majesty  desires  it,*  I  will 
discover  to  him  all  that  I  know  relating  to  Eng- 
land, Scotland,  or  Ireland ;  which  i  suppose 
Biay  ,1*^  something  more  than  the  original  dis- 
coverer was  able  to.  acquaint  his  majesty  with  ; 
especially  as  to  Ireland :  there  is  not  any  thing* 
Us  majesty  shall  think  fit  to  ask  me,  but  I  wUl 
answer  him  the  truth,  as  pertinently  and  as 
^     fully  83  I  can.    My  intimacy  with  a  Scotch 
minister,  throi^h  whose  hands  much  of  the 
bufiiifeess  went,  I  iudge  occasioned  my  knowing 
.very  much  :  and  I  do  further  humbfy  propose, 
That  if  his  mi^iesty  thinks  it  advisable,  1  will 
.fidlow  those  lords  and  gentlemen  that  are  fled 
into  Holland,  as  if  I  fied  thither,  and  hadmaile 
ray  escape  also,  and  will  acquaint  the  king,  if 
.  I  cao-fiDd  it  out,  Tvhat  measures  they  resolve 
of  .taking  next :  I  do  assure  his  majesty,  the 
business  vs  laid  very  broad,  or  I  am  misinform- 
ed.   And  1  am  sure  as  to  that  particular,  if  my 
jbeii^  with  bis  miyesty,  and  your  honour,  be 
not  discovered,  I  shall  be  ten  times  abler  to 
serve  him,  than  ^ber-Mr.  Freeman,  or  Mr. 
Carr;  for  they  will  trust  neither  of  them. 
There's  scarce  any  thing  done  at  court,  but  is 
immediately  taliped  all  tl^  town  over;  therefore 
tf  bis  mi^jesty  thinks  what  1  have  presumed  to 
pcopose  advisable,  1  do  then  further  most  hum- 
bly propose.  That  my  waiting  upon  his  ma- 
jesty may  be  some  time  within  night,  that  your 
honour  will  acquaint  me  the  time  and  pkce 
vbere  1  may  wait  upon  you,  in. order  ^  it; 
ttd  that  it  may  be  within  night  also,  and  that 
nobody  may  lie  by,  but  his  majesty,  and  your 
hoQoqr :  and  if  his  majesty  pleasetn  to  pardon 
my  offi»ces  for  the  time  put,  he  diall  find  I 
w3l  approve  myself  very  loyal  for  the  future ; 
if  not,  1  reaolvt  to  give  his  mi^fSty  no  forthier 
roL.  IX. 


trouble,  but  to  lie  at  his  mercy,  let  him  do  with 
mc  what  be  pleaseth.  I  purpose  to  spend  muck 
of  this  day  in  Westminster -hall,  at  least  from 
tfvo  of  the  clock  to  four.  I  beg  your  parflon  I 
send  your  honour  this  by  a  porter :  1  assure 
vour  honour,  it  was  for  no  other  reason,  but 
because  I  would  not  have  a  third  person  privy 
to  it ;  and  that  I  might  have  the  better  oppor« 
tunity  to  make  good  my  word  to  his  majesty, 
and  to  approve  myself 

Your  honour's  most  humble  servant, 
•    .  Tho.  Walcot. 

Minutes  of  Walcot's  Confession  before  h\k 
Majesty,  July  8, 1683. 

The  first  business  was  spoken  of  in  a  plape 
and  at  a  time  he  does  not  now  remember. 

But  it  was  agreed  that  lord  Shafbbury  should 
have  the  command  in  I^ndon. 

Lord  Rufsel  in  Devonshire. 

Lord  Brandon  in  Cheshire. 

Bake  of  Monmouth  in  Taunton  and  Bristol. 

This  agreement  did  not  bold  long;  soma 
comity  to  town  that  uM-  the  countries  wera 
not  ready. 

The  last  business  was  spoke  of  about  a  fort- 
night before  Ash -Wednesday  last:  captain 
Waloot  had  no  conference  about  it  with  any 
lord  but  with  the'lord  Howard  of  Escrick. 

Ferguson  did  oblige  captain  Waleot  to  bring- 
bin  and  the  lord  Howard  together :  the  lora 
Howard  and  Ferguson  discoursed  together  of  . 
the  wa vs  and  means  16  surprize  the  Tower. 

Lord  Shaftesbury  told  hxm  that  the  city  was 
divided  into  twenty  parts,  and  that  there  was 
to  be  a  chief  to  every  part,  and  he  was  to  chooM 
fifleen  men  to  assist  him  within  his  division. 

Lord  ^aftsbury  told  the  duke  of  Monmouth 
that  theldng  was  to  be  deposed. 

Rumbald  was  lieutenant  of  hoi*se  in  Fairfax'* 
army.    Walcot  sensed  in  the  same  army. 

Richard  Goodenough  said  the  duke  of  Mon- 
mouth expected  six  thousand  men  togother  in 
London. 

Lord  Russel  and  lord  Gray  were  to  mortfl;ag« 
lands  for  the  raising  often  tnousand  pounos. 

Lord  Howard  of  Escrick  was  concerned  in 
the  grand  consultation. 

Captain  Walcot  always  opposed  the  assas- 
sination :  he  will  leave 800/.  a  year  behind  him. 

Ferguson  told  Walcot  about  a  quarter  of  a 
year  ago  that  the  earl  oi  Essex  was  in  this  af- 
iair. 

A  Note  taken  from  Walcot,  by  Captain  Rich- 
ardson, Keeper  of  Newgate,  July  the  lltb, 
1683. 

If  colonel  Romzey  be  to  be  spoke  with  I 
would  have  you  speak  with  him  to  be  tender 
of  ipe,  that  will  do  him  no  hurt,  he  hath  room 
enough  to  s^rve  the  king  upon  others,  and  if 
Mrs.  West,  would  do  the  hke  to  her  husband, 
her  children       ' 

On  the  other  side. 

Run  no  hazard  nor  speak  with  him  before 
any  hody,  if  yQu  caniiot  be  private  leave  the 
is^oe  to  Mod. 

2G 


451]      STATE  TRIALS,  SfrCiiARLES  II.  iSSJi.'^Introdueiien  to  the  Trials      [452 


Two  Letters  from  the  Mayor  of  Newcastle, 
dated  June  the  1st,  1683.  To  IVIr.  Secre- 
tary J^ukios  about  Prinze,  &c. 

Netocastlcy  June  Isiy  1683. 
Ri^ht  honourable ;  We  presuQie  to  acquaint 
your  nonour  there  are  two  persons  apprenend- 
eil  and  coruniilted  to  bis  majesty's  g^abl  here, 
with  whom  there  are  found  divers  seditious 
papers  and  letters,  they  were  for  going  be- 
yond iseas,  the  one  of  them  goes  by  the  name 
of  Alexander  Pringle,  the  other  I^4^ard  Le- 
▼itson,  when  their  papers  and  writings  were  seiz- 
ed on  they  attempted  to  destroy  and  convey 
the  same,  but  were  prevented :  we  have  sent 
by  exj)ress  the  writings  so  seized  on  to  his 
g^ce  the  duke  of  Newcastle  our  'lord  lieute- 
nant, to  forward  the  same  with  this  Letter  ta 
your  honour.  What  commands  we  receive 
nom  your  honour  shall  be  obeyed  by,  6ec. 

Newcastle,  June  13, 1683. 
Right  honourable ;  We  received  your  ho- 
nour's Letter  of  thf  5th  instant,  do  acknowledge 
your  favour  and  kindness  therein,  we  have  and 
•hall  make  it  our  chief  care  and  study  to  ap- 
prehend ail  such  ofienders  and  ^o  our  utmost 
endeavours  on  all  occasions  for  his  majesty's 
interest  and  service,  we  fure  satisfied  one  of  these 
persons  is  Alexander  Gordon  of  Earlestone 
though  now  called  Pringle,  both  these  prisqpers 
\yere  delivered  yesterday  to  colonel  Strother  to 
be  safely  conveyed  into  Scotland  according  to 
his  majesty's  commands.    W^e  are,  &c. 

A  LETTER  to  Mr..  Alexander  Pringle,  seized  at 

Newcastle, 

London,  March  20,  1683. 
Sir ;  On  Saturday  last  I  had  the  occasion  of 
Seeing  u  letter  from  tou  directed  for  Mrs.  Gaunt 
in  whose  absence  Mrs.  Ward  had  received  it,  at 
the  reading  of  which  I  was  not  a  little  troubled, 
considering  my  full  resolutions  signified  to  you 
in  my  last,  for  efiectuating  of  which  I  bad 
spoke  for  passage  and  taken  my  fhrewell  of  mo- 
ther Gaunt  she  going  into  the  country;  and 
that  very  week  I  was  so  set  upon  by  the  gen- 
tleman with  whom  I  stay  and  Jo.  Johnston 
with  some  others,  to  stay  but  a  month  and  if 
thai  did  not  accomplish  somewhat  in  hand  to 
help  trading,  then  I  sjihould   be  no  longer  de- 
tained.    After  J.  was  prevailed  to  retract  so  fiEU* 
I  ordered  Jo.  who  had  time  at  command  to  give 
you  au  ample  account  of  matters :  And  withal 
Jo.  was  desired  by  our  friends  from  Scotland  to 
stand  hei-e  in  my  place :  The  like  engagements 
of  secrecy,  «Scc.  being  taken,  and  thereupon  I 
'  ordered  mm  to  shew  you  the  grounds  of  my 
staying,  and  to  desire  if  you  indined  to  cross 
'the  water  to  come  this  way.     But  since  many 
are  the  confused  yea  troubled  thoughts  tliat 
have  possessed  me  for  yielding:  Concerning 
whicli  ai»  also  my  yielding  to  it,  take  the  sub- 
•equent  account.     In  my  last,  or  it  precedent 
to  it.  I  shcwect  you  that  trading  was  very  low 
hek-e  and  many,  breaking,  which  hath  made 
fhe  merchauts,  such  as  they  are,  to  think  that 


desperate  diseases  must  have  desperate  cures. 
And  while  that  they  have  some  stock  it  will  be 
better  to  venture  out  than  to  keep  shop  and  sit 
still  till  all  be  gone,  and  then  they  shall  not  be 
able  to  act  but  let  all  go,  which  resolution  1 
thought  a  thing  not  to  confide  in  seeing  the 
most  of  them  are  fire-side  merchants,  and  love 
not  to  venture  where  storms  are  any  thing  ap- 
parent. But  about  my  departing  they  shewed 
the  model  of  affaira  m  such  order  that  I  see 
venture  they  must  and  venture  they  will,where- 
ujpon  I  demanded  how  our  trade  would  be  ear- 
ned on.  Answer,  they  knew  well  what  goods 
had  proven  most  prejudicial  to  their  trade,  and 
therefore  tliey  thought  best  to  insist  upon  ne- 
gatives. X  In  which  whatever  I  proposed  is  as- 
sented to,  as  I  find,  and  this  they  thought  best 
to  still  some  critics  in  the  trade  and  by  this 
means  to  endeavoiu-  the  dispatching  the  old 
rotten  stuff*  before  they  order  what  to  bnng 
home  next,  this  looks  somewhat  strange  to  mc, 
but  when  1  consider  all  circumstances  I  think 
they  for  themselves  do  best  in  it,  for  our  mer- 
chants I  made  account  only  to  have  had  some 
stock  for  to  set  the  broken  ones  up  again  and 
so  bid  them  here  farewel  and  they  to  try  their 
way  and  we  ours  since  they  tliink  fit  that  some 
of  those  whom  we  have  found  (as  you  will  say 
when  you  bear  them  named)  treacherous  deal- 
ers in  our  trade  consulted  and  accordingly  have 
done,  whereupon  I  fear  or  rather  hope  that  oar 
merchants  though  broke  utill  rather  desire  to 
live  a  while  16nger  as  they  are,  than  join  with 
such,  and  to  advance  their  trade  unless  surer 
grounds  of  their  fidelity  be  gotten  than  is  or 
can  be  expected.  And  this  is  the  bottom  of  all 
my  son^w.  But  to  proceed  1  find  (if  sll  hoM 
that  is  intended)  that  they  think  it  is  almost  at 
ft  point  to  set  forward  if  tney  had  their  factors 
home  who  are  gone  to  try  how  the  country  will 
'  like  such  ^^oods  as  they  are  for  or  against  the 
making  sail  of.  Friends  I  mean  roercbaDts 
wrote  to  me  that  after  I  had  spoken  to  you  pte- 
sibly  you  mif ht  come  this  way  the  better 
thereby  to  advise  them  what  to  do  m  this  cA&e 
for  I  have  signified  somewhat  of  it  to  them  but 
not  so  far  as  this ;  because  I  thouebt  te  have 
seen  you  long  'ere  this  time,  but  I  hope  you 
will  not  niisconstniet  of  my  staying,  seeing  in 
it  I  designed  nothing  but  advancement  of  our 
trade.  But  once  this  week  those  factors  sent 
for  will  be  here,  and  then  matters  will  (in  m- 
stanti)  either  off  or  on,  break  or  gotllrough: 
\^  herefore  in  reference  to  friends  1  desiro  you 
will  advise  me  what  to  do  if  you  cannot  or 
think  it  not  convenient  to  come  nere,  if  you^do 
let  a  letter  precede,  and  if  any  strange  thin^ 
ftU  out  this  week  or  the  next,  I  will  again  post 
it  towards  you.  I  think  when  thb  and  the 
next  week  is  gone  (a>'d  no  news  come  from 
you^  thai  I  shall  set  forward  being  still  ao 
reauv  as  that  in  twelve  hours  I  can  bid  adieu. 

Tne  Whigs  are  very  low  as  Mell  in  cit^  as 
suburbs  all  meetings  bemg  eveiy  Sunday  beset 
with  constables  to  keep  Uiem  out,  and  what 
they  get  is  stolen  either  evening  or  mominc'. 
Thu  winter  most  of  the  great  ba^en  and  gold* 


_    » 


455]      STATE  TRIALS,  35  Charles II.  l663.^forthe  Rye^House  Phi.       [454 


fimiths  in  Ijombard-street  are  broke  and  gone. 
Hie  Bautam  factory  in  the  IntUes  is  taken  by 
the  Dutch.  Confusion  confusion  in  town  and 
oooHtr^ry'such  as  you  ncYer  saw.  Mrs.  Wanl 
and  several  others  desire  to  be  remembered  to 
you:  My  endeared  respects  to  yourself  and  B. 
with  the  youngr  men  arriTed.  This  I  have  writ 
in  short  and  in  haste,  expecting  a  line  with  as 
great  haste  as  you  see  is  needful ;  for  matters 
are  full  as  high  as  I  tell  you.     Farewel. 

From  your  friend  and  servant,  Jo.  N. 
Be  sure  tha(  you  direct  not, for  Bethnal- 
Green,  but  for  me  at  Mr.  Meads  in  Stepney 
near  London.  Directed  on  the  back  thus ;  To 
Mr.  Alexander  Pringle  to  be  left  at  Mr.  Alex- 
ander Hope  his  house'in  four  G1ass-ha?en,  in 
Rotterdam,  these. 


The  EXAMINATION  of  JOHN  NISBET 
of  Stepney  taken  before  John  Tendring, 
Esq. 

Tliis  examinant  being  duly  examined,  doth 
ay  that  he  was  bom  in  Northumberland,  that 
be  was  bred  a  scholar  at  Edinburgh  in  Scot- 
land, that  he  came  from  thence  to  London,  that 
he  was  usher  at  Mr..  Walton's  school  at  Beth- 
nal -Green,  that  from  thence  he  came  to  Mile- 
end,  and  there  lived  abqut  a  year  in  the  house 
cf  one  Mr.  Matthew  Richardson,  and  taught 
his  children.  This  examinant  saith  further 
that  he  came  down  to  Bradwel  with  Mr.  Rjch- 
atdsoB,  and  that  being  a  scholar  he  did  intend 
to  go  l|eyond-seas  into  Flanders,  and  put  him- 
sdf  into  some  College. 

Hiis  examinant  wholly  depied  that  he  knew 
Mr.  Richardson  to  have  any  other  name. 
Capt.  Coram  me,    J.  Tendrimo. 

A  Copy  of  £ARL£$m>UN>S  COMMIS- 
SION. 

Ommboi  et  shagulis  Religionem  vere  Refor- 
matam  Profitentibus  ad  quos  preesentes  per- 


Aoin,  Variie  An^ustice,  pertrisies  persecu- 
tiones;  et  opprobria  nostrte  (hie  in  Scotia) 
Ecclesie,  magna,  ad  vestras  pervenere'  aures, 
■entiipim  est  nobis  in  dubio :  Uuum,  depressus, 
et  quoad  externa,  Status  devastatus ;  quo,  pro 
nde  San<;tis  tradit^,  et  nostne  Ecu  le^^ice  privi- 
kgiis  et  jure  peculiar!  contendendo,  redactaest, 
fere  omnibus  sit  notus:  Quorum  intuitus  et 
oottstderatio  una  cum  magna,  de  vestri  (in  nolns 
bteresse,  spe  concept^)  hunc  Dom.  Alexau- 
dram  Gordon deEarlestoun  Legatum  nostrum, 
Tobis  omnibus,,  Reipublicse  Israeliticse  &utori- 
bos,  et  benevolentibits  mittere  et  demandare 
oon  sine  multa  causa,  persuasit ;  causam,  et 
Slatum  nostrum  malidose,  subtilitate  adversa- 
rioram  vobis  representatum,  co^noscentcs  qui, 
ea  ips6  ut,  nos  et  quicquid  a  nobis  actum,  vobis 
reddaot  ridicolo;  in  male  representando,  et 
Fseudographias  actonim  nostrorum  dispergcn- 
do,  vigilantissimi,  sunt :  Cluasi  progressus  nostri 
et  priocipia  Verl^  Dei  (Supremo  contraversia- 
rum  judici)  et  rere  Protestantismo^  essent  con- 


traria:  Qnum  nos,  nee  (|uicqttid  tena^,  dec 
tenere  cupere,  Verbo  Dei  scnpto,  et  antiquis, 
civiiis,  et  Ecclesiastici  Status,  legibus ; .  et  pris- 
time  refbrraationi  contrarium,  declaramus,  sod 
cum  omnia  in  eo  fundentur,  potius  (Deo  dantc) 
actiones  nostras  ei  reddere  conformes  cupimus. 
Quapropt^r    nos    protestaptes,    Antierastiani, 
Antinrelatici,  et  Tirannide  agitati,  i^   Scotia 
Presbitcriani,  huic  nostro  legato,  concredimus 
ei  plenum  consensum  et  assensupa  dantes  fide- 
liter,  et  vere,  omnes  vere  Reformatos,  ad  quos 
perveniet,  intormatos  reddere;  Quod  solum- 
modonos  ipsos  in  viti  Domini  puros  (Dei  gratia) 
quoad   possnmus   serrare,  intentes  sumus  et 
▼iam  majorum,  vere  lllustrium,  in  nostra  nobili 
reformatione  propaganda  in  diversis,  ejus,  a 
Papismo,  Prclatura,  et  Erastianismo  eradibus^ 
et  vestigiis  incedere  cupimus,  atque  Ease  sunt 
nostrarum  persecutionem  (pro  presenti)  capita, 
et  causoe.    Ad  ^quorum  pleniorum  et  clariorem 
nothiam,  hujus  nostri  Legati  relation!  remitti-^ 
mus ;  Testimonio  cOjus,  Cum  sit  in  rebus  nos* 
tris,  publicis  declarationibus  et  maityrum  Tes- 
tin^niis,  sat  ^ersatus,  ejusdem  nobiscum  judi- 
cii,  et  sub  iisdera  perpessionibus  fidem  dare  po- 
testis.,    Humillime  igitur  oramus  et  obsecra- 
mus  ut  relationi  hujus  nostri  Legati  tanquam 
yere  fides  a  vobis  detur,  et  ut  nnllius  narrationi, 
vel  datie  vel  quse  posthac  detur,  de  nobis,  prin- 
cipiis,  et  progi-essu  nostro  sicut  verbo  Dei,  votis, 
juramentis,  ei  datis,  et  relationi    hujus  nostri 
Legati,  contrarise  cum  sit  tantum  calumniose 
ab  adversariisdatacredatis.i  Quocirca,  omnes 
Zibnis  fautores  oramus  ;  nostrum  statura,  quo 
redacti  sumu^  non  parvi  facere,  sed  serio  per- 
pendere ;   Deus  enim  omnes,  ad  sympathiam 
vocat,  et  perpendum  est,  omnes  conjurationes 
et  Adversariorum  consultationes,  in  universam 
Ecclesiam  esse  destinatas:    Et  uno  membro 
patSenti  totum  corpus  cam  eo  compati  debet. 
Datum  Edinbui^decimo  die  Aprilis  Anno  Do- 
mini millesimo  sexcentesimo  octuagesimo  se- 
cundo.  Et  ex  nostro  mandatosubscriptumaCle- 
rieo  Cohventionis  nostro  sicsubscribitur  Jacobus 
Renwick. 


The  EXAMINATION  of  GORDON  late  of 
Eariestoun,  taken  before  the  Committee  of 
Council,  July-  5,  1683.  In  presence  of 
the  Earls  of  linlitbgo,  Perth,  Bishop  of 
Edinburgh  and  Register. 

Alexander  Gordon  of  Eariestoun  being  exa- 
mined again  by  order  of  the  council  upon  seve- 
ral interrogators  arising  from  the  letter  sent  tO 
him  by  Jo.  N.  dated  London,  March  the  20th, 
1683. 

As  to  the  secrecy  to  ?)e  taken  of  the  man  that 
was  to  stand  in  Nisbet's  place.  That  it  was  an 
ingagenient  of  secrecy  and  some  queries  to  try 
if  they  agreed  in  principles. 

Being  interrogate  ot  the  account  of  matters 
written  to  him  bv  Jo.  at  the  desire  of  Jo.  N.  de- 
clares that  it  was  a  letter  under  the  metaphor  of 
marriage,  and  that  by  the  marriag'e,  he  under- 
stood a  rising  di3signed  there. 

Being  interrogat  what  the  Merchants  baiv|^ 


455]      STATK  TRIALS,  35  Charles  II.  i6S3.^Tntroiuctiim  to  the  Trieh      [456 


low  «nd  breaking  did  roean.  Answers,  That  he 
tbinki^it  means  tnat  their  people,  viz.  the  dis- 
•teten  were  breaking  in  their' stocks  by  ex- 
comhianications  and  other  courses,  and  there- 
fore they  were  resolving^  upon  desperate  courses 
which  was  rising  in  arms. 

Being  interrogate  what  is  meant  by  the  said 
inercbants.  Answers,  Some  that  Hved  at  their 
ease  and  quiet  would  not  venture  to  rise,  when 
thev  saw  much  dlinger. 

Being  interrogate  vv  hat  is  meant  by  the  model 
^f  affaii-s  that  would  make  them  venture.  Aii- 
awers,  That  they  had  shewn  to 'Jo.  N.  a  moilel 
bow  they  woula  go  about  their  affairs  in  order  to 
their  rismg. 

Being  interrogate  anent  their  resolution  to 
insist  on  negatives,  and  what  were  the  goods 
that  proved  prejudicial  to  them  formerly.  An- 
swers, That  the  meaning  was,  they  resolved  \o 
agree  in  \«' hat  they  would  put  down,  which  he 
thinks  was  the  whole  government,  civil  and 
-cccliesiastic,  but  that  they  would  not  determine 
positively  what  they  would  set  up. 

Being  intcirogat  what  was  it  that  Jo.  N.  pro- 
posed to  them  that  they  assented  to.  Answers. 
lie  thinks  he  bad  stated  the  grounds  of  the 
quarrel  relative  to  the  present  government,  and 
*  that  they  had  assented  to  it.  fiut  declares  that 
when  JO.  N.  was  speaking  to  him  of  these 
things  he  thought  them  of  that  nature  that  he 
shunned  discourse  upon  them  to  receive  infor- 
mation concerning  them,  because  he  had  no 
mind  to  meddle  with  them. 

That  by  critics  of  the  trade  is  understood 
the  Scotch  fanaticks  because  they  are  nice  in 
^sociatiug^hcmsclyes. 

That  by  the  dispatching  of  the  old  rotten 
^tuir,  he  thinks  it  the  dispatching  of  the  secta- 
ries or  the  present  government,  but  rather  thinks 
it  was  the  last. 

That  by  the  broken  ones  which  he  was  to 
.  set  up  is  meant  the  Scotch  pinatJcks  to  be  hel  ped 
by  contributions,  and  that  by  their  trying  their 
way  and  we  ours,  was  meant  the  English  was 
forrising  in  arms,  but  the  Scotch  fanaticks  were 
for  delaviog  some  time. 

That  by  uese  called  treacherous  dealers,  he 
thinks  is*  n^nt  both  the  secretaries  and  the 
present  government  wha  had  formerly  broke 
their  govemaient,  but  never  heard  tliese  per- 
sons named. 

That  they  being  at  a  point  to  set  forward,  is 
meant  thpir  being  ready  for  rendezvous. 
.  ,  That  hy  emissaries  is  meant  persons  sent  out 
both  in  Scotland  and  England  from  London  to 
try  the  people's  inclinations  to  a  rising  and  to 
incite  them  to  it,  and  that  these  merchants  who 
ad\  ised  Jo.  N  to  send  fur  the  decrlarant  to  come 
that  way  \%crc  the  meetings  of  the  &naticks  in 
Scotland. 

That  by  adrancrng  nf  tlie  trade  be  thinks  is 
meant  the  carrying  on  of  the  rising. 

By  that  pait  of  the  letter  which  tells  that 
When  the  iactors  would  return  tliat  matters 
would  in  instanti  be  off  or  on,  that  the  meaning 
wa^that  when  these  factors  came  in  they  ex- 
pected money  for  buying  of  arras  and  then 


they  would  instantly  have  risen,  but  thst  the 
money  was  not  come  in  at  that  time  when  h« 
did  meet  with  Jo.  N. 

That  by  tlie  Strange  thing  that  might  hare 
fallen  out  in  a  week  or  two,  he  unaerstaodi 
no  other  thing  than  the  insurrection  intended. 

Declares  that  this  Jo.  N.  was  a  person  that 
past  under  the  name  of  John  Nisbet,  an  Eng- 
lishman, and  stayed  at  one  Mr.  Mead's  in  Step* 
ney,  wiiich  Nisbet  was  an  usher  of  a  school  at 
Bod nal- Green  before. 

That  the  close  of  the  letter  bearing  that  things 
were  fully  as  high  as  I  tell  you,  is  meant  tb^ 
present  intended  rebellion. 

That  by  the  ca^  ital  letter  B.  is  meant  one 
Mr.  Brake  a  minister  in  Lewardenin  Friesland, 
and  the  young  men  are  some  students  who  ar^ 
in  Holland. 

Being  interrogate  what  be  heard  of  the  earl 
of  Argyle's  concurring  or  assisting  in  this  insur- 
rection. Answers,  That  he  heard  by  report  In 
Holland,  that  Argy)e  had  undertaken  to  raise 
10,000  men  to  assist  in  thai  rebellion,  and  tbat 
he  was  to  ttimish  himself  with  arms  in  Holland, 
and  about  the  time  of  this  report  whii^  he 
thinks  was  in  December  or  January  last,  he 
heard  Ai^lewas  in  Holland  but  that  he  did 
liot  see  him,  and  to  the  best  of  his  memory  Jo. 
N.  also  told  him  of  the  carl  of  Argyle's  couoor- 
ring  in  the  rising,  but  remembers  of  no  other 
person. 

Being  interrogate  upon  the  little  letter  from 
Stepney  which  he  thinks  was  about  the  b^in- 
ning  of  May,  dated  Friday  at  seven  o'clock. 
That  the  man  whom  bespeaks  of,  is  Mr.  Mead 
a  minister,  and  that  by  the  words  what  my 
hands  find  to  do  was  ^^ant  Jo.  N's.  going  to 
Holland  and  that  the  declarant  was  to  meat  with 
Mr.  Mead  to  let  Jo.  N.  go. 

Further  declares  that  John  Johnston  was 
one,  who  at  other  times  past  under  the  name  of 
Murray,  who  is  a  little  man  pock-marked^  and 
wears  a  periwig.  <  Sic  subscribitur.' 

A.  Gordon,  IJnlithgow,  Perth,  Jo.  EdinBucw 
gen,  Geo.  Meckenzy,  J.  Drummond. 

This  is  a  true  copy  of  the  original  dedari* 
tion  and  answer  made  by  Alexafider  Gordoa, 
late  of  Earlestoun  to  the  raterrogatbrs  proposed 
to  him  by  the  committee  of  council,  wiiich  is 
attested  oy  me. 

William  Patersok.  C.  S.  C. 


A    Copy   of  ALEXANDER    GORBON'&r 
EXAMINATION,  June  SO,  168S. 

The  said  Alexander  being  interrogate  what 
he  knew  of  the  author  of  that  letter  directed  to 
Alexander  Pringle  of  the  date  20th  ofMarcb  last, 
to  bo  left  at  Alexander  Hope's  House  in  Gloss- 
haven  Rotterdam,  which  runs  upon  the  meta- 
phor of  trade,  anawerrth.  That  the  aathorof 
that  letter  seemeth  to  him  to  be  one  Jo.  Nisbet, 
with  whom  he  conversed  a  year  ago  at  London, 
and  ordered  the  said  Alexander  to  direct  fab 
letters  to  Bednal-Gi^een,  and  since  to  Mr.  Mead 
in  Stepney  near  London,  and  tliat  he  the  said 
Alexander  had  ratten  a  letter  to  this  Jo.  NSabet,. 


«57l      STATE  TRIALS,  35  CkAftLBS  II.  1683.-:^  fheRye^Homse  Plci.       (455 


cfaaflenging  him  why  he  came  not  sooner  over 
to  HoUuid  as  he  hadf  promised,  dated  about  Ja- 
nuary last;  and  that  he  r^ved  this  letter  by 
the  raetanhor'of  trade  in  answer  tharecinto; 
and  that  the  venturing  spoke  of  in  the  letter 
was  to  signify  a  resolution  of  a  speedy  rising  in 
arms ;  and  that  the  factors  therein  mentioned 
i^ified  their  agents  and  emissaries  who  were 
sentout  into  different  corners  both  inEngland  and 
Scotland  to  know  the  pulse  of  their  compKces 
and  parties  if*  they  were  in  readiness  to  join 
and  rise  with  them,  and  that  they  brought  back 
accoonts  of  their  willingness  so  to  do,  and  readi- 
ness for  an  Insurrection.  And  as  to  the  assisr 
tance  thej  were  to  haye  from  Scotland,  he  un- 
derstood It  at  his  last  coming  here,  and  some 
months  before  he  came  over  in  May  last,  he 
heard  amon^t  the  Dutch  people  commonly  re- 
ported that  mere  was  to  be  Tery  shortly  a  rts- 
mg  in  Enffland,  and  that  the  earl  of  Argyle  was 
to  liurDishTroip  Scotland,  10,000  Highland -men 
Ibr  their  assistance ;  and  that  at  his  coming  hi- 
ther last  he  heard  that  there  was  a  person  come 
from  £og^and  to  sir  J.  Cockram,  alledgiog  he 
came  about  the  affair  of  <^arolina,  but  that  he 
had  discovered  himself  to  a  sei'vant  of  the  lord 
treasurer's  that  he  had  come  to  Scotland  upon 
other  matters,  and  that  the  letters  for  S(x>tland 
from  any  correspondents  of  the  party  in  which 
Earlestoun  was  engaged  was  directed  to  Mr. 
Henry  Emertson  written  in  Edenburgh  ;  and 
that  before  he  came  last  hither  in  May,  the 
meetiiig  of  thesp  phanatical  people  had  received 
a  letter  from  England  subscribed  by  one  J.  S. 
whom  he  takes  to  be  one  Murray  as  he  named 
himself  to  Earlestoun  (as  theoth^r  foremen- 
tinned  person  named  nimself  Jo.  Nisbet)  in 
whidb  letter  there  was  the  metaphor  of  a  raar- 
jriage  anent  which  all  things  were  agreed  and 
die  marriage  ready  to  be  solemnized,  which  oc- 
casioned their  sending  for  him  the  said  Alex- 
ander Ctordon  to  have  hid  mind  coocerniag  that 
afiair ;  and  they  interpreting  that  letter  signed 
by  J.  S.  from  En^and  to  concern  the  seeking 
of  their  assistance  in  their  intended  rising  there 
he  did  dissuade  them  finom  it ;  and  that  by  the 
inama^  they  understood  a  rising  to  be  in* 
tended  m  Engl^tnd  ;  and  that  it  was  ready  to  be 
solemnized  was  to  signify  that  an  insurrectiod 
was  to  be  very  speeihiy  on  foot ;  and  declared 
tiiat  tliese  %nth  whom  Eariestbun  converged 
hers  declared  that  they  beliered  that  (be  ser- 
soDs  who  came  from  England  to  sir  Jo.  Cock- 
ram  were  sent  to  manage  a  cormipondence  in 
order  to  the  design  of  rising  in  arms. 

Ihe  Relation  of  Alexander  Gordon  of  Earl- 
stonn  of  what  he  was  informed  of,  and 
heard  as  followeth. 


About  the  time  of  the  election  of  Rich  and 
Kerth,  I  heard  that  there  were  some  desiens  of 
ma?  in  arms  of  some  people  in  England,  and 
IB  Older  thereto  there  was  some  treating  with 
my  lord  Argyle,  but  not  agreeing  to  the  terms 
my  lord  left  them,  and  I  heard  it  ceased  for 
some  time  and  went  over  to  Holland ;  and 
vbea  he  was  there,  I  was  informed  of  the  re- 


newing of  the  treaty,  and  agreed  upon  the  fol- 
lowing terms,  viz. 

That  the  earl  of  Argyle  shoukl  raise  seven 
thousand  men,  and  the  treators  (who  as  I  was 
informed  were  English-men)  were  to  Advance 
the  said  earl  ten  thousand  pound  steriing :  and 
this  was  agreed  to  in  April  last 

The  persons  in  England  were  by  ^informa- 
tion the  duke  of  Monmouth,  the  earl  of  Shafts- 
bury  ;  but  after  the  said  eari's  decease  I  did  not 
hear  so  much  of  the  duke  of  Monmouth.  I 
was  also  informed  of  Ford  lord  Gray  of  Wark 
his  being  in  the  design. 

I  was  also  informed  that  those  cpncefned  m 
Scotland  most  in  the  said  design,  were  sir  Jbhn 
Cockram,  Jerviswood,  Sessnock  elder  and 
yonger,  and  that  sir  John  Cocknun  the  on# 
day  kist  his  majesty's  bands,  the  other  day 
went  to  the  cabal  anent  the  above-written  de- 
sign. 

I  was  also  informed  that  no  small  number  of 
the  ffentlemen  in  the  West  and  other  phu^  in 
Scotland  upon  their  resentment  of  the  present 
government,  particularly  as  to  the  test  and 
other  papers  put  to  them,  were  not  resolved  to 
stand  to  them  although  they  should  take  them, 
but  rise  upon  the  first  occasion. 

This  information  I  heard  from  Murray  alias 
Johnstouue,  who  as  I  heard  was  a  West  coun- 
try.man  in  Scotland,~who  offered  to  take  me 
along  to  their  cabals,  but  upon  my  refusal  to 
meddle  in  the  designs  kept  himself  and  told  nd 
more  than  those  generals. 

I  met  with  Mead  at  one  Mr.  Cook's  a  mer- 
chant  hving  near  the  Exchange  in  Austin.^ 
Fryers  in  lioadon,  but  I  do  not  mind  what  he 
spoke  of  the  aforesaid  design  to  me,  but  thinhi 
not,  for  I  was  a  stranger  to  him,  and  not  ac- 
quainted before  that  tiine :  and  this  I  subscribe 
before  these  witnesses  rir  WiDiam  Hamihon  of 
Prestonn,  master  John  Vans  keeper  of  the  ToU 
booth  of  Edinburgh. 

A  Copy  of  the  Interrogators  proposed  to  Albx- 
ANDER  Gordon  sometime  or  Earlestonn  in 
the  Committee,  September  S5»  1683. 

To  mterrogate  the  said  Alexander  Gordon 
what  correspondence  he  did  hold  vnHk  the  prt- 
t^ded  general  convention  from  wh<^  he  had 
his  commission.  And  if  he  did  loot  write  & 
letter  to,  and  hold  correspondence  with,  them 
before  he  came  last  to  Scotland,  and  upon  what 
account  he  did  write  that  letter  to  the  said  con- 
vention which  is  mentioned  In  one  lettes  to  him 
from  one  Michael  Sheills  bearing  that  the  con- 
vention had  received  his  letter,  &c.  And  if  to 
his  Knowledge  the  said  pretended 'Ctfnventioir 
general  did  not  hold  any  exact  correspondence 
and  intelligence  with  the  disaffected  party  and 
other  their  adherents  both  in  England  and  in 
the  united  prorinces  of  the  Netherlands,  and 
what  the  said  correspondence  was  and  if  it  was 
not  to  the  weakening  and  diminishing  ifnot  to 
the  ruining  and  overtyrning  of  his 'majesty's 
government  both  in  church  and  state  as  it  is 
now  established  within  hisma'esty's  dominions. 

a.  Upon  what  account  was  he  moved  to  ac- 


4591     STATE  TRIALS,  35  Charles  H.  lessi-^'IntroiueHan  to  the  Trials ,   [460 

taken.  Ant!  therefore  to  interrogate  him  who 
this  correspoDdent  was  who  subecribes  J.  N. 
and  where  he  resided  and  what  was  bis  trad  a 
and  occupation  and  with  whom  else  he  the 
said  Alexander  did  know  him  to  keep  cor« 
resjMtadence.  and  how  he  became  to  be  ac- 
quainted with  him,  and  of  that  way  and  man- 
ner of  writing  under  the  metaphor  of  trade  ami 
commerce,  £c.  Had  not  been  conoeived  and 
agreed  betwixt  the  said  Alexander  and  the  said 
J.  N.  and  their  party  before  thereby  to  veil  and 
disguise  their  rebellious  contrivances  and  who 
were  present  at  the  contriving  of  such  a  meta* 
phorical  way  of  writing  besides  tbe  said  Alex- 
ander and  J.  N.  and  if  these  and  the  like  m«- 
tliods  wei'e.  not  a  common  rule  and  practice  of 
these  barbarous  and  execrable^  conspirators 
for  disguising  of  their  horrid  and  bloody  de- 
s^ns  against  the  person  of  his  sacred  majesty 
and  royal  brother  and  for  rising  in  arms  against 
his  majesty  and  his  government. 

2.  What  he  knows  in  relation  to  the  said 
horrid  conspiracy  a^nst  his  majesty's  perfoii 
and  the  person  of  his  royal  brother  or  of  rising 
in  arms  against  his  majesty  and  government 
and  who  were  accessory  to  tbe  said  horrid  de- 
signs either  in  Scotland  England  Ireland  or 
any  where  abroad  whether  in  the  united  pro- 
vinces of  the  Netherlands  or  elsewhere  and  that 
he  would  give  an  account  of  them  in  so.  far  as 
he  knows  by  their  names  sir- names  and  places 
of  residence  and  such  other  designs  as  he  knew 
them  by,  and  likewise  that  he  would  give  an 
account  of  the  particular  designs  methods  and 
contrivances  treated  upon  and  concerted  tor 
the  rising  in  arms  against  the  king  and  go- 
vernment in  Scotland  England  or  Ireland  and 
by  what  persons  the  said  treatiei  and  desi^rns 
were  carried  op  as  to  all  which,  he  would  give 
a  particular  and  distinct  account  to  the  lonu  of 
the  committee. 

3.  To  interrogate  him  anent  the  other  letter 
written  to  him  under  the  name  of  Mr.  Pringle 
and  what  was  the  true  meaning  therei>f  and  dv 
whom  the  same  was  written  and  if  the  tnae 
therein  specified  dp  not  rehite  to  the  condition 
of  the  fanatic  and  disaffected  party,  and  what 
other  import  tbe  said  letter  does  bear  and  from 
what  place  of  the  world  the  same  came. ' 


oeptof  the  said  commission  and  what  otiier  in- 
structions he  had  from  the  said  pretended  con- 
Tention  general  in  order  to  the  methods  he  was 
to  take  lor  inviting  the  assistance  and  supply 
of  the  foreign  states  and  churches  unto  which 
he  was  commissionate,  and  if  he  had  not  in- 
structions for  imploring  tiieir  aid  by  supply  of 
money  and  other  necessaries  for  fitting  and  ca- 
pacitating the  distressed  party  in  Scotland  to 
subvert  and  overturn,  at  least  to  resist,  his  ma- 
jesty's government  in  this  kingdom. 

3,  \Vho  were  the  persons  who  did  sit  and 
assist  in  the  said  convention  general  when  his 
commission  was  ordered,  and  who  did  preside 
thereat.  And  that  he  would  declare  such  of 
the  members  of  the  said  convention  as  he  either 
knew  or  heard  of  by  their  proper  names  and 
sir- names  and  place  of  .their  residence  and 
from  whom  he  received  the  foresaid  commis- 
sion, and  who  were  present  at  tbe  delivery  of 
the  same  to  him  and  what  a  person  Mr.  James 
Renvicle  is  who  subscribes  as  clerk  to  the  said 
commission,  and  if  that  was  his  own  true  or 
only  a  borrowed  name ;  and  if  the  same  was 
borrowed  that  he  would  declare  what  his  true 
name  is,  and  where  his  place  of  residence  was, 
and  if  he  knows  what  is  become  of  him  since 
or  where  he  now  is,  and  to  interrogate  him 
afler  the  same  manner  in  relation  to  31ichael 
SheiJls. 

4. .  If  the  said  general  convention  was  not 
composed  of  persons  sent  from  particular  dis- 
tricts within  this  kingdom  and  how  many  such 
districts  there  were  and  who  were  the  leading 
persons  within  these  particular  districts  and 
what  sort  of  persons  they  were  who  were  com- 
missionate  from  these  reserved  districts  to  the 
pretended  general  convention.  And  what  far- 
ther Jie  knows  in  relation  to  the  government 
«nd  management  of  affairs  within  these  par- 
ticular districts. 

5.  To  interrogate  the  said  Alexander  Gordon 
what  persons  he  knew  either  in  Scotland  Eng- 
land Ireland  or  in  the  united  provinces  of  the 
Netherlands  that  did  hold  correspondence  with 
the  said  pretended  convention  general  in  order 
to  their  acting  and  consulting  of  their  affairs  or 
concerting  of  measures  and  methods  to  he 
taken  in  uie  prosecution  of  their  purposes  and 
designs,  &c.  ■ 

JiNTERROOATOits  to  be  put  to  the  said  Albxandbr 
GoimoN  in  ReUition  to  the  late  Horrid 
Conspiracy. 

Imprimis,  That  the  said  Alexander  Gordon 
would  ingenuously  declare  the  true  and  ge- 
nuine meaning  and  sense  of  that  letter  written 
to  him  by  J.  N.  from  London  and  would  give 
it  fuU  and  satisfactory  account  thereof  to  the 
lords  of  the  committee  such  as  may  satisfy  ra- 
tional and  knowing  men  conform  to  tbe  mean- 
ing of  the  writer,  who  was  his  correspondent, 
jand  who  would  never  have  writ  to  him  in  rid- 
dles and  mysteries,  seeing  by  the  letter  it  ap- 
j»ears  that  he  was  iniormins  Alexander  Gordon 
with  the  state  of  their  wars  and  with  the 
wisssures  sad  resolutions  they  bad  already 


A  Copy  of  the  EXAMINATION  of  ALEX- 
ANDER GORDON  late  of  Earlstoan. 

Edinbureh,  S5th  of  September  1683. — Tbe 
earl  of  Linlithgow ;  lord  Livingston ;  Lord 
President  of  Session ;  lord  Collintoun ; 
lord  Castlehil.— Justices;  The  lord  Pit- 
roedden ;  the  lord  Haroarss. — The  earl  of 
linhthgow,  elected  President. 

To  the  first  interrogator  answers,.  That  the 
first  time  he  met  with  that  pretended  conven- 
tion wa«  near  the  Inner-Kirk  of  Kyle  in  the 
fields  about  two  years  ago ;  and  there  were 
there  about  fourscore  persons  or  thereby  and 
that  he  wa^^  brought  there  from  hn>  own  bciuse 
by  one  J^  Nisbet,  whom  tlie  declarant  knows 
not  further  than  he  is  a  West-touatry-miA 


46l)      STATE  TRIALS,  35  Charles  II.  1683.— /or  tlu  Rjfe-Hcuse  Plot.       [465 


about  Glasgow  ;  and  that  Jo.  Nicbet  is  ano- 
ther Jo.  Nisbet  that  wrote  a  letter  to  him  to 
HoHand  under  the  notion  of  trade,  relating  to 
the  risiiig  and  rebellion  in'^eland.  ^  And  iar- 
thcr.  That  about  a  year  and  an  half  ago  he 
met  with  another  convention  consisting  of  foar- 
8core  persons  or  thereby  in  the  field  within  5 
miles  of  the  former  plac6  near  Inner- Kirk  and 
that  very  few  of  them  had  swords;  to  which 
meeting  be  was  advertized  to  comehy  a  letter 
bent  to  his  Jhoose  subscribed  by  Mr.  James 
Kennick  who  is  clerk  to'  the  convention  and 
heard  of  no  ministers  being  amongst  them  at 
cither  of  these  times  and  says  there'  were  peo- 
ple there  from  all  the  districts  in  the  several 
shires  of  the  kingdom :  which  districts  he  was 
informed  were  fourscore ;  and  that  he  knew 
none  of  the  persons  in  either  of  these  meetings 
except  Mr.  James  Keimick  the  clerk,  the 
said  Jo.  Nisbet  who  came  from  a  district  besides 
Glasgow,  and  William  aod  James  Stewarts 
who  came  out  of  Galloway  and  Robert  Speir 
who  came  from  the  Lothians,aDd  one 
Forrest  who  came  from  the  Upperward  of 
Ciuyd  and  that  at  these  general  meetings  they 
produced  their  commissions  from  the  several 
distiicts  to  the  cleik  that  it  might  appear  that 
they  were  commissioi^ale  to  get  relia  for  the 
dis^est  in  their  bounds,  that  the  business  of  the 
eonventioD  was  to  provide  for  those  amonofst 
&em  were  in  want  and  for  their  owh  security 
against  the  dangers  they  were  in,  being  de- 
nounced fugitives  from  the  laws  and  in  hazard 
to  be  eatcht  by  the  governors;  and  that  he 
heard  nothing  treated  or  spoke  amongst  them 
as  to  nang  in  arms,  nor  knows  of  any  corre- 
spondence these  of  the  convention  had  with 
any  in  Ireland*;  and  as  to  England,  he 
supposes  there  was  a  correspondence  there,' 
hot  knows  not  these  that  managed  it,  except  the 
said  Jo.  Nisbet,  he  having  shewn  the  decla- 
rant a  letter  he  had  fi'om  Michael  S^eilte,  one 
of  the  clerks  of  the  convention,  which  he 
r.in  the  end  jof  March  or  beginning  of  April 


To  the  second  interrogator,  the  reason  why 
heaoorated  of  the  commission  produced,  jle- 
ebies,  he  accepted  it  upon  the  acoounx  to 
eee  if  there  could  be  a  way  round  for  the  distrest 
brethren  to  go  abroad,  or  to  have  something 
^m  abroad  to  maintain  tbem  there. 

To  the  third  interrogator  declares,  he  re- 
members no  more  persons  were  present  but 
these  contlescended  upon  in  the  first  internura- 
tor,  which'  he  says  was  occasioned  by  his 
being  So  Jong  abroad;  and  although  upon 
seemg  their  races  he  might  know  several  of 
them,  yet  knows  not  their  names,  n,or  the 
places  of  their  residence. 

To  the  fourth  declares,  The  said  general 
eonventioBS  were  compbsed  of  persons  sent 
from  the  aeveral  districts,  of  whicn  there  were 
as  be  heard  about  fourscore  in  number,  in 
which  fooiicore'  districts  he  was  told  there 
woold  have  been 6  or  7,000  men,  but  knows  not 
of  any  gentlemen  or  leading  men  amount 
fbaa^    As  to  the  aommissioii  it  was  sent  him 


to  Newo&iltle  by  a  common  receiver,  wliom  he 
knows  not,  directed  to  him  at  his  loitgin^  at  . 
the  sigu  of  the  Vine  in  the  Gateside  in  New- 
castle, his  landlord's  name  being  George  Mar- 
sha], a  public  Inn- keeper,  and  addrest  to  him 
under  the  name  of  La  Graveil,  being  the  name 
he  went  by,  and  that  the  same  was  under  a 
cover  of  James  liennick,  their  clerk  who  sub- 
scribed it. 

To  the  last  interrogator  repeats  his  answer 
made  to  the  first  interrogator,  and.  knows  no 
further. 

Being  further  interrogate  upon  the  interro- 
gators given  in  anent  the  conspiracy  in  Eng- 
land, declares,  That  the  first  time  he  heard  of 
any  design  of  rmag  id  arms  was  at  the  time 
when  the  competition  was  anent  the  sheriffs  at 
Midsummer  was  a  year,  and  then  he  heard  the 
duke  of  Monmoutn  was  to  head  die  rebels ; 
and  this  he  had  firom  Jo.  Nisbet  and  one  Mr. 
Murray  a  Scotch -man  then  at  London ;  and 
declares,  That  in  January  last  the  declarant 
being  in  Holland,  he  heard  by  general  report 
that  the  late  earl  of  Argyle  was  to  raise  some 
thousand  Highlanders  to  assist  the  rebels  in 
England  by  making  a  diversion,  and  was  to  get 
a  sum  of  money  mr  that  effect ;  and  that  in 
March. last  he  having  received  a  letter  from  Jo. 
Nisbet  in  Holland,  he  came  over  to  London, 
where  he  met  with  the  said  Nisbet  and  Mur- 
ray, who  told  the  declarant  they  designed  to 
rise  presently  in  England  and  to  rendezvous  in 
6  or  7  places  at  one  time  particularly  at  Co-  . 
ventry  and  London,  and  tnat  they  computed 
several  thousands  in  Yorkshire,  who  were  to 
join  with  them.  That  Murray  desired  the  de- 
claiant  to  go  along  with  him  to  meet  with  th^ 
late  lord  Russel  and  Gray  and  the  lord  Whartoo 
(but  of  Wharton  they  said  they  were  not  very 
sure  of  him  being  a  fear^  man)  and  with  Mr. 
Feiguson,  and  spoke  of  sevei-al  old  ofi^cers  of 
Cromwell's  >  that  were  to  be  there,  but  the  de- 
clarant not  being  for  the  present  rising  shunned 
to  meet  with  these  persons  or  any  of  them,  and 
both  Nisbet  and  Murray  told  the  declarant  that 
sir  John  Cockram  was  with  them  and  heard 
from  these  two  persons  that  both  the  Cessnucka 
were  concerned  in  that  business.  As  to  the 
lettfir  vrriften  by  Jo.  N.  of  the  20th  of  March 
and  directed  tor  the  declarant  at  Uotlerdam,  de- 
clares that  Jo.  Nisbet  sent  the  said  letter  and 
that  lender  the  metaphor  of  trade  throughout  ^ 
the  whole  letter  is  meant  the  design  of  rising 
in  arms  and  a  rebellion  and  that  by  the  wor£ 
(dispatching  the  old  rotten  stuff)*  is  mean^ 
either  the  excluding  the .  sectaries  fron 
joininfi^  with  them  or  destroying  the  goverti- 
ment  Dotb  civil  and  ecclesiastic  which  last  the 
declat^nt  supposes  rather  to  be  tlie  words  and 
that  by  the  factors  are  meant  their  emissaries 
for  carrying  on  the  rebellion;  and  for  that 
strange  thing  that  was  to  fall  out  that  week,  as 
the  next,  the  declarant  thinks  ^  meant  the  sud- 
den muster  of  the  rebels.  In  the  close  of  the 
letter  which  says  things  are  full  as  high  as  I 
tell  you,  is  meant  that  the  rebellion  was  in- 
stantly to  break  out,  and  having  met  with  Jo* 


STATE  TRIALS,  35  Charles  IL  iSSS^-^lHiroduction  to  the  Trials      [4C4 


after  bis  comiDg  from  Ilolland  the  said 

explained  to  bim  tbat  the  seose  of  the 
Iter  was  as  in  abovesaid. 
0  a  letter  direct  to  tlie  declarant  under 
me  of  Prmglebf  th^  2d  of  May  16B8, 
es,  That  tms  name  of   the   subscriLer 

is  blotted  out  was  so  blotted  beibre  it 
to  Jiis  hand,  but  by  the  contents  of  it  he 

its  from  one  Kob.  Johnston  a  tenant  or  , 
to  the  lord  Grey  on  the  border,  and  that 
Lders  and  trading  there  spoke  of  is  tiie 
ed  rebellion  and  that  the  said  Robert 
ton  offered  to  come  to  Scodand  with  the 
ant  to  have  seen  some  of  our  disaffected 
!  here  and  to  have  met  ^th  them.  And 
.  Y.  mentioned  in  the  said  letter  which 
ter  says  laboured  to  undervalue  the  dis- 
d  party  in  Scotland  which  he  calls  your 
,  is  the  name  of  Andrew  Youngf  who 
about  Newcastle  whom  lie  supposes  to 
aspect  nerson  because  be  was  feared  that 
>1  8tratners  wpuld  apprehend  him.  And 
e  supposes  the  way  tnat  that  letter  came 
hands,  was  irom  some  persons  that  were 
leeting  at  Midsummer  about  that  time, 
!  was  present  several  of  those  people  that 
ommission  Irom  the  several  districts,  bat 
e  himself  was  not  att  hat  meeting. 


WINATION  of  Mr.  STEIL  and  AN- 
IREW  OLIVER  anent  Mr.  Aaron 
Imith's  coming  to  ScotUnd  and  'his 
,H)ing  to  sir  Jo.  Cockram's  houst  at 
>chiltree.    Edinburgh,  Dec.  11, 1683. 

.Thomas  8teil  in  Jed wart-fbrest declares, 
1  'February  last,  an  English  gentleman 
ig  to  Jedwart  being  recommended  to  the 
ant  by  one  David  Sheriff,  stabler  in  New- 
,  only  that  he  might  direot  htm  to  Ocbil- 
spokeonly  to  him  of  Carolina  business 
which  he  was  to  transact  with  sir  John 
"am ;  <uid  that  the  declarant  got  him  one 
!w  OliTer  in  Jedwart-forest  for  hire  to  be 
lide  to  Douglas,  and  that  the  said  Oliver 
ivtth  bim  ifrom  that'  to  sir  John  Cockrams 
?clares  he  knew  not  his  name,  and  had  no 
ledge  of  Irim,  but  that  he  was  called  when 
s  at  Jedwart,  Clerk,  but  afterwards  heard 
s  called  Smith. 

Irew  Oliver  in  Barwick  tenant  to  the 
lis  of  Douglas  being  examined  declares, 
i  before  sera-time  last  the  declarant  met 
Ar.  Thomas  Steil  at  linalie,  the  marquis's 
,  of  purpose  to  bring  home  his  wife  from 
las  to  jMburgh -forest,  and  the  declarant 
Vpon  his  way  and  coming  to  {IrovosC 
e's  house  in  Jedburgh,  and  there  bemg  a 
^  there  an  Englishman  ready  to  tSke 
to  go  to  the  west,  the  said  Mr.  Thomas 
having  told  the  deponent  there  was  a 
rer  who  knew  not  the  way  and  would  be 
•us  of  his  company,  and  the  deponent 
g  called  for  the  stranger  in  the  house  he 
e  took  horse  together  and  rode  to  Peebles 
ight  and  the  next  day  came  to  Douglas, 
&  stranger  upon  the  way  told  hig  name 


was  Samuel  Clerk,  tiLich  he  thinks  was  th« 
next  day  after  tiivy  came  from  Jedburgh;  and 
the  next  day  the  stranger  ^ot  being  oliTe  to  get 
a  guide,  to  convey  him  to  Ochiltree,  at  the  de- 
sire of  Mr.  Thomas  ^toil's  wife  did  go  al6n^ 
with  him  from  Douglas  to  Ochiltree,  and  the 
stranger  went  into  the  house  of  Ochiltree  to 
call  for  the  laird  ;  the  deponent  not  having 
gone  in  with  him»  where  h«  staid  about  one 
quarter  of  an  hour,  and  came  back  to  a  house 
in  the  town  where  the  deponent  was  to  lodge. 
Tliai  the  deponent  heard  irom  the  stranger  that 
bis  business  with  the  laird  of  Ochiltree  was  con- 
cel-ning  Carolina  business,  and  of  their  desiga 
to  send  fiunilies  there  in  the  spring  to  plant,  ana 
that  he  commended  the  country.  - 
And.  Ouv£r.  Jo.  Edenbubout, 


Edinburgh,  Sederunt  and  Journals  ^^Cock- 
ciL,  Dec.  20, 1683. 

Mr.  Thomas  Steil  chamberlain  to  the  mar- 
quis of  Douglas,  being  prisoner  asaUedged, 
entertaining  and  corresponding  with  Aaroo 
Smith  when  he  was  in  Scotland,  and  providing 
him  a  guide  to  sir  John  Cochram's  bousa  S 
Ochiltree,  who  being  examined  with  the  said 
guide  and  all  that  aj^ieatifi  is,  that  the  nid 
Aaron  Smith,  under  the  name  of  Ckuk,  was 
recommended  bv  one  David  Sheriff^  innkeeper 
and  stabler  of  Newcastle,  to  Steil,  as  beiiM^  his 
acquaintance  when  he  came  to  Jedborgb,  to 
help  him  to  one  that  should  guide  him  the  way 
being  a  stranger,  without  any  suspicion  or 
knowledgfe  of  his  being  a  person  guilty  of  an^ 
crime  or  evil  deaign.  The  Lords  upon  consi- 
deration of  the  bill  appoint  a  letter  to  be 
written  to  the  secretari^  to  cause  examine 
Aaron  Smith  upon  the  time  of  his  coming  to 
Jedburgh,  and  what  past  betwixt  him  and  Stdl 
and  any  other  interrogator  proper,  seeing  it  is 
said  that  the  said  Aaron  Smith  denied  be  waa 
ever  in  Scotland ;  and  that  another  leUer  be 
written  tp  the  mayor  of  Newcastle  to  examine 
the  innkeeper ;  and  in  the  mean  time  aUo«9 
Steil  to  be  fdierat  on  cauiioti  to  appear  when 
called,  under  the  penalty  of  S,000  marks ;  and 
that  he  shall  not  ^  go  oft  the  tountiy  witbott 
licence,  to  prevent  any  practising  with  the 
innkeeper. 


ALEXANDER  GORDON  of  Earlstoo,  his 
Deposition  before  a  Committee  of  his  Ma- 
jesty's Privy- Council,  and  two  of  the 
Justices.  Edinburgh,  September  35, 1683. 

Alexander  Gordon  being  further  intemgaie 
upon  the  interrogators  given  in  anent  the  cea- 
spiracy  in  England,  dedares,  Tbat  the  first 
time  he  hesjrd  of  any  design  of  rising  in  atms, 
was  at  that  time  when  the  competitioB  vns 
anent  the  sheriiis  at  Midsummer  was  a  yMur, 
and  iSien  he  heard  the  duke  of  Monnoiith  waa 
to  head  the  rebds  ;  and  this  he  bad  from  John 
Nisbet,  and  one  Mr.  Mumy  a  Sodtchman  then 
at  London,  and  dedarea,  ttiat  in  January  laal 
the  dedannt  being  in  Uollaady  jie  hem  by 


4SS}      STATE  TRIALS,  35  GB  ablbs  II.  1 683.-/4W  tie  Hyp-  Bmue  Phi.       [46« 


gea€f9i  Jwpott  tbit  the  late  earl  of  Argyle  was 
to   raise  some  ttMMsands  of  Highlanders  to 
assist  the  rebeb  in  ISo^j^Iand  by  maklDgf  a  di- 
r^fwm^  aod  was  to  cnflt  ii  suni  of  money  for 
thaS.  effect ;,  and  that  m  March  last  he  having 
ftcav^  a  letter  in  HoKand  from  John  Nisbet 
then  in  London,  he   eaHie  over  to  London, 
where  he  M|et  with  the  said  Nidkt  and  Mur- 
ray, who  tdU  the  declarant,  they  designed  to 
me  present^  ht  England,  and  to  re«d«z^ou8  in 
six  or  seven  plac<i(  at  one  time,  nartt^olarly  at 
Coventry  and  Lon^^on,  and  that  thevcoioputed 
several  thousands  in  Yorkshire  who  wh<re  to 
join  with  them  ;  that  If  urray  desired  the  de- 
clarant to  go  along  with  (lipi  to  meet  with  the 
late  lords  Kussel  aod  Gray,  and  the  lord  WKar- 
too,  (but  of  Wharton  they  s^d  they  were  not 
Tety  sure,  being  a  fearml  map)  and  with  Blr. 
Ferguson,  and  spoke  of  several^  old  officers  of 
Cromwell's;  that  were  to  be  there^^  but  the  de- 
daraiit  not  being  for  the  present  rising,  shunned 
to  meet  with  these  persons,  or  any  ^f  them ; 
and  both  Nisbet  and  Murray  told  the  de(;larant, 
that  sir  John  Cochran  was  with  thein.  and 
heard  from  these  two  persons,  that  botV  the 
Cessnocks  were  concerned  in  that  business. 
As  to  the  letter  written  by  Jo.  N.  of  the  ^0^ 
of  March,  and  directed  for  the  declarant  at 
Rotterdam,  declares  that  John  Nisbet  wrote  the 
said  let:er,  and   that  nnder  the  metaphor  of 
trade  throughout  the  whole  letter,-  is  meaned 
the  design  of  rising  in  arms  and  a  rebellion  ; 
and  that  by  the  word  dispatching  the  old  rotten 
stuff,  is  meaned  either  the  excluding  the  sec- 
taries from  joining  with  them,  or  destroying 
the  government,'  both  civil  and  ecclesiastical, 
which  U»t  the  declarant  supposes  rather  to  be 
fhit  meaning  of  the  words ;  and  that  by  the 
fiictors  are  meaned  their  emissaries  forcar- 
mng  on  the  rebellion ;  and  for  that  strange 
thug  that  was  to  fall  out  that  week  or  the 
^ext,  the  declarant  thinks  is  meaned  the  sudden 
master  of  the  rebels.;  in  tlie  close  of  the  letter 
which  says,  things  are  full  as  high  as  I  tell  you, 
is  meaned  that  the  rebellion  was  instantly  to 
break  out ;  and  having  ni^  with  John  Nisbet 
after  his  eoming  from  Holland,  the  said  Nisbet 
explained  to  him  that  the  sense  of  the  said 
letter  was  as  is  abovesaid.  \ 

As  to  the  little  letter  directed  to  the  declar- 
ant nnder  the  name  of  Pringle,  of  the  second 
of  May,  1683,  declares  that  the  name  of  the 
Bobscnber,  which  is  blotted  out,  was  so  blotted 
before  it  came  to  his  hand  ;  but  by  the  con- 
tents of  it,  he  knows  it  is  from  one  Robert 
Johnstoon,  a  tenant  or  vassal  to  the  lord  Gray 
on  the  border ;  and  that  the  traders  aod  trading 
there  spol^e  of,  is  the  designed  rebellion  ;  and 
that  the  said  Robert  Johnstoun  offered  to  come 
into  Scotland  with  the  declarant,  to  have  seen 
some  of  our  disaffected  people  here,  and  to 
have  met  with  them;  and  that  A.Y.  men- 
tioned  in  the  said  letter,  which  the  letter  says 
laboured  to  undervalue  the  disaffected  party  in 
Seotland,  which  he  calls  your  goeite,  is  the 
mme  of  Andrew  Young,  who  stays  about 
Newcastle,  whom  he  supposes  to  be  a  si)s- 


Sected  person,  because  he  was. afraid  colonel 
tnithers  woukl  apprehend  him :  and  that  he 
supposes  the  way  that  that  letter  came  te  his 
hand,  was  from .  some  person  that  was  at  a 
nieeting  at  Tweeds- Moor  about  that  time, 
where  were  present  several  of  these  people  tjiat 
had  commission  from  the  several  districts,  but 
he  himself  was  not  at  that  meeting.  Sic  sub> 
scribitur,  .  Alexi  Gtoroon. 

LiNLnnGow,  I.  P.  C. 

Here  follows  the  Letter  signed  Jo.  N.  which 
was  found  upon  Earlston. 

Sir ;  On  Saturday  last  I  had  the  occasion 
of  seeing  a  letter  from  you,  directed  fi»r  Mrs. 
Gaunt,  in  whose  absence  Mrs.  Ward  had  re- 
ceived it,  at  the  reading  of  which  I  was  not  a 
little  troubled,  considering  my  full  resolutions 
sigpiiied  to  you  in  my  last ;  for  effectuating  of 
which  I  had  spoke  for  passage^  ^nd  taken  my. 
fitfowel  of  motlier  Gaunt,  she  going  into  the 
conntry :  and  that  very  week  I  was  set  upon 
by  that  gentleman  with  whom  I  stay,  and  Jo. 
JohnslQun  with  some  others  to  stay  hut  a 
month,  and  if  that  did  not  accomplish  some- 
what in  hand  to  help  trading,  then  I  should, 
be  no  loug«r  dttaineo.'  After  I  was  prevailed 
to  retracC'so  finr,  I  ordered  Jo.  who  had  time  at 
toomnaand,  to  give  you  an  ample  account  of 
Spatters ;  and  withal,  Jo.  was  desired  by  our 
friends  from  Scotland  tp  stand  here  in  my 
ploise,  the  like  engagements  of  secrecy,  &c, 
beicii  taken,  and  thcrsmpon  I  ordered  him  to 
shew  yov  tlte  grounds  of  my  staying,  and  to 
desire  iSyou  inclined  to  cross  the  water  to  coma 
tl&is  way.  but  since  many  are  the  confused, 
yea  ti-ou&l|ed  thoufffats  tha|  have  possessed  me 
for  yieldiaf ,  con^ning  which,  as  also  my 
yielding  to  q^.  take  the  subsequent  ac<M>ttnt. 

In  ray  last^  or  it  precedent  to  it,  I  shewed 
vou  that  tradi^  was  v^-y  k>w  here,  ai>d  many 
breaking,  whi^  has  qaad^  tlie  merchants  (such 
as  they  are)  to^  think  that  desperate*  diseases 
must  have  deco^ratc  cure^  :  and  while  they 
have  some  stocky  it  wjU  be  better  to  venture 
out,  thai!  to  kck^n  shop  a,od  sit  still  till  all  be 
gone,  and  then  vhey  shall  not  be  able  to  act, 
but  let  all  go  :  f^vhich  resolution  I  thought  a 
thing  not  to  coufide  in,  seeing  the  most  of 
them  are  fire- side  merchants,  and  love  not  to 
venture  where  storms  are  any  thing  apparent. 
But  about  my  departing  they  shewed  the. 
model  of  affaii;^  in  such  order,  that  I  see  vea-. 
ture  they  must,  and  venture  they  will ;  where- 
upon first  demanded  how  our  trade  would 
be  carried  on.  Answer,  they  knew  well  what 
goods  had  proven  most  prejudicial  to  the  trader 
and  therefore  they  thought  to  insist  upon  ne- 
gatives, iu  which  whatever  I  proposed  is  as- 
sented to,  as  I  find ;  and  thus  they  thought 
best  to  still  some  criticks  in  the  trade :  and  by 
this  means  first  to' endeavour  the  dispatching 
the  old  rotten  stuff  before  they  order  what  to 
bring  home  next.  This  lookeil  somewhat 
strange  to  me,  but  when  I  consider  all  cljpcum- 
stances,,  I  think  they  for  themselves  do  best 
in  it ;    for  our  merchants  I  made  accc^Wit 

2H 


i67\     StAtE  TRIALS,  35  CHAR£Bft  11. 

only  id  iiave  bad  som^  stock  for  to  set  tbe 
broken  ones  up  again,  and  so  bid  them  here 
ikrewell,  and  tbey  to  try  their  way,  and  we 
duri  ^  ^tnce  tbey  think. fit  that  some  of  these 
whom  we  have  found  (as  you  will  say,  when 
yon  hear  them  named)  tneacherous  dealers  in 
our  trade,  consulted,  andaccording'ly  havedoi^e : 
whereupon  T  fear,  or  rather  hope  that  our  mer- 
chant5E,  thougfb  broke,  will  rather  desire  to  It^e 
a  while  k>n^er  as  they  are,  than  join  with 
such,  &o.  to  advance  the  trade  ;  unless  surer 
founds  of  their  fidelity  be  ffotten,  than  is, 
or  can  be  expected,  aud  this  is  the  bottom  of  all 
lily  sorrow.  But  to  proceed,  1  find  (if  all  Hold 
that  is  intended)  that  they  think  it  is  almost  at 
a  (lointto  set  forward,  if  they  had  their  fac- 
tftrs  home,  who  are  gfone  to  try  how  tbe  coun- 
try'wiA  like  such  g^ds,  as  they  are  fi)r,  or 
a^lBuft  the  making  sale  off.  Friendu,  1  mean 
itoerchants,.  wrote  to  me,  that  after  I  bad 
ilpbkHi  to  yoQ,  possibly  you  might  come  this 
way,  the  better  tbei-eby  to  advise  them  what 
to-  do  in  this  Case,  fi^r  I  havd  sip^fied  aome- 
#bat  of  it  to  theuA,  but  not  so  far  as  tfiis  ;  be- 
cause I  thought  to  have  seen  you  long  ere  this 
time.  But  1  hope  you  will  not  misconstruct 
of  ray  staying,  seeing  in  it  I  desijnied  nothing 
but  advancement  (>f  our  trade  ;  lut  once  this 
week  tbese  factors  sent  for  will  be  here>  and 
fhen  matters  t«  ill  in  instanti,  either  off  or  on, 
ftreak,  or  go  through.  Wherefore  in  reference 
to  friends,  1  desire  yon  wiH  advise  me  what  to 
db,  if  you  cannot,  or  think  it  not  convenient 
to  come  here ;  if  yon  do j  let  a  letter,  precede,  and 
if  anv  strangt;  thing  fiiilout  this  week  or  the  next, 
I  win  Again  post  it  towards  you  ;  1  think  when 
fhis  and  the  next  week  is  gone  (an J'  no  news 
comes  from  yon)  that  1  shaH  set  forward, 
bein^stiH  so  ready,  as  that  id  IQ  hours  I  can 
bid  adieu  :  the  Wbiggs  nr^  very  low  as  well 
in  nty  as  in  the  suburbs,  all  lyieetings  being 
every  Sunday  Be5«et  with  eonstablen  to  keep 
them  out,  and  what  they  get  A  stolen,  either 
at  evening  or  morning.  ?nua  winter  many 
df  the  great  bankei-s  and  goMsjoiiths  in  Lom- 
bard-street are  broken  and  gohe :  the  Bantam 
factory  in  the  Indicfi  is  taken  Kiy  tbe  Dutch  : 
confusion,  confusion  in  town  and  country, 
such  as  you  never  saw.  Mrs.  Ward  and 
ifevcral  others  desire  to  be  remombeitd  to  yoli. 
My  endieared  respects  to  yourself  and  B.  with 
the  young  men  nrrivcil.  l^if*  I  have  writ  in 
short,  aud  in  haste,  exiwctinij  a  line  with  as 
great  haste  as  you  see  is  nccoful,  for  matters 
are^ill  as  high  as  I  tell  yoti.  Farewell,  From 
"wrir  friend  and  servant,  while 
t%ndon,  March  SO,  1683.  Jo.  N. 

P.  S.  Be  sure  that  you  direct  not  for  Beth- 
naJ-gTrt*n  ;  but  forme  at  Mr.  Mead's  in  Step- 
ney, near  London. 


A  LETTER  as  it  was  written  with  AUGTLE'8 
tfwn  hand^  which  was  addressed  to  Mskjor 
Molroii,  and  marked  No.  3.  Jime  31. 

Though  I  cannot  by  this  post  send  you  a  full 
aircouut  of  yoilr  atfaii^,  yet  1  send  yottaa  much 


1 8iS.^lkiroiueHm  to  tU  Trkdi     [461^ 

as  may  make  yoa  take  meateire*  wbal  Villt  to* 
draw  upon  me,  which  I  hope  teu  wiUiyiy 
understand  by  Mr.  B.'s  help ;  tbe  wlMle  ae- 
count  amounted  to  seveqd  pagee;  but -I  eilty 
give  you  one  to  total,  assafficient. 

I  gone  so  I  and  naivae  object  first  yod  time 
much  is  way  the  our  would  of  altegeiheroen- 
ceftied  do  upon  absolutely  do  to  do  effeciNially 
as  that  It  be  to  is  at  all  be  d3575949«<44S757«9 
money  Sa  47575657  of  and  to  092347305356* 
57  and  they  have  is  at  be  that  no  some  their 
2345535958,  &e.  50000  4548404758  part  aa 
against  the  but  cobcurren^  fh>m  be  lees  nor 
lue  place  and  interest  is  small  and  power  againit 
need  do  bring  which  Birch  diat  cannot  time  are 
out  upon  an  334753235057  to  5044425650485- 
8444367  projected^  meat  ver^  may  Kftle  dene 
the  been  purse  I  to  shall  my  lists  I  to  great  ren- 
ture  th^y  prospect  provided  have  can  wiltintg 
Qed  given  conterrence  week  Brown  I  of  thing* 
said  some  l^e  now  their  itiy  bead  guard  men- 
tion 324344675748465357  tiling  wbfch  toyour 
hope  some  ago  as  over  some  it  do  spoke  for  of 
know  and  encouragement  confer  have  and  aelf 
be  order  resolve  add  to  reckon  all  and  undertake 
honest  or  was  fiir  be  shooes  undertaking  many 
of  to  for  purchase  was  as  is  the  a  possibly  ns  of 
by  force  it  the  so  how  the  credit  for  time  Birch 
and  some  greatest  them  concerned  will  for  and 
to  and  404843  station  good  may  only  theiC 
,  more  will  if  should  expect  tollerably  standing 
and  by  and  necessar  the  the  more  the  hasafdca 
^  it  8  and  think  urge  to  necessar  I  the  that  so 
'afiairs  have  business,  very  I  possible  of  I  send 
here  against  my  till  what  little  upon  knew  nol 
which  money  35405748576840534^44 1  servk» 
any  what  shall  resolve  the  at  did  leaatefiec- 
tnally  thought  and  l^r  if  busineaB  reckoned  for 
still  tbe  there  I  or  stuck  yen  upon  money  by 
first  sum  if  then  bills  30496640465359  53  570- 
9455356424457  well  that  38414440585159505- 
8458594357  need  trouble  something  very  a 
frtgliten  the  probaUy  not  3000  the  tfao  the  one* 
for  and  575943  4344575735  will  4057  57486- 
75840534344  and  to  money  could  foolvb 
Browne  many  the  not  to  Gods  Brand  besidee 
stay  Job  seat  yet  to  proposed  333340565157  a 
deal  tbe  things  as  all  once  less  any  drink  wett 
on  know  I  as  pay  whether  never  the  received 
to  any  calculate  about  to  that  that  thesuch  with 
you  I  other  1 1  for  considerable  be  partieular 
add  I  are  of  lest  1  but  all  have  it  enemies  to 
cannot  to  friends  made  part  I  writ  wish  may  be 
service  Mr.  an  whole  there  consider  persdns  it 
when  knovrine  any  and  payments  to  I  it  low 
shall  little  little  raeuning  intellceence  tiling  out 
had  which  tents  usual  whole  with  673151485- 
048584840  and  by  the  more  of  if  but  tbe  that 
blessingraisea  ."34565358445758405338  475356- 
5744  can  Virgins  supply  to  call  485650405348 
not  keep  imaginable  tbo  them  4853485944 
standine*  many  number  36  47535657)^  only 
at  standinfif  a  5159505848585943  first  cOflm* 
derable  with  more  can  them  rountrey  43535 1 51- 
4053484443in  and  there  40565 157- it  was  we«kn 
half  1  so  to  at  600  thinlk  needs  precise  I  the  the 
itawilhiB  what  requildle  not  sum  titily  th{i 


4S91     STAT8  TRIALS,  35  CpARiiES  It^  l683.-/lf  ike  Rj/i-Bomt  P^of.     1X7% 


S-Dimds  to  9ay  Mr.  thuig  nor  koow  they  as  Iu4|i 
e  g'fonads  occasioned'  J  ihey  both  do  is  red 
only  Jet  I  distance  in  I  half  in  1  the  little  would 
40574867  58-l05«49  first   shall  number   n^rv 
1000  and  tiie  consider  sniall  confess  tliem  wvric 
proposed  pleased  eannot  are  2000  Brand  it  544<* 
445646044  tbe  be  40565157  then  be  4044440- 
M4I»524£  1604564744564448  little  4558M43- 
44»r5r58446a50485944  bav«  the  but  it  ^iH 
455356674457  and  as  we  yet  together  only  it 
liR'by  it  consider  imploy  better  interest  small  so 
tosone  47535667  a  future  the  to  total  the  abso- 
hiteflf  and  designed  and  wagemw  are  but  of 
]ffnpDsed  or  and  oecaose  what  add  as  out  meddle 
loich  of  I  knowing  merchant  tliere  it  that  what 
is  404540485644405844515458  Red  1  not  but 
lef  expect  of  op  I  euforoe  at  be  that  should  a  is, 
IB  considerable  fwt  I  done  this  aU  have  by  the 
not  to  had  before  abk  wiU  I  if  and  a  they  have 
Willis  for  5753 604S48635956  shall  ncscessai-s, 
the  Of  of  if  is  is  they  very  incident  for  the  day  ly 
not  elufths  necessar  to  there  the  necessar  best 
f)f  the  60406630  events  little  to  hope  5644564- 
457  maMy  sum  were  for  so  in  we  Uwsm  wore 
wjH  io  and  it  had  any  many  yet  be  may  all 
^1485048584840  and  will  it  without  anc)  mot  but 
pnoce  get  triple  on  his  very  45535959  now  be 
4vod  aud  but  is  what  a  if  odds,  it  as  near  n&med 
m^  brush  of  Aot  i^  power  proposed  an  of 
Ihmighl  m  apd  go  you  m  or  resolved -so  1  in- 
tend hear  them  our  45564844594357  to  neither 
le  will  nu»eh.  fiH  any  the  know  on  in  proposition 
jmihl  what  other  I  o|'  could  be  the  and  be  but 
Ihptefste  were  laV. differ  was  abspU^tely  soon 
moee  te  sept  abo¥e  at  well  right  foot  tUeirtogotker 
fiy  vjfiaii«(  the  suddenly  that  40435843536S  will 
U^dt  will  ef  the  be  unwtHing  the  wijll  cai^  at  is 
M  Brand  net  4056^157  no  shoiiki  the  much 
metr  not  aad  men  the  ar^  be  while  do  to  advan- 
jBfglt  the  husbanding  for  Bumber  is  l>e  for  574- 
75344l»7  oi4y  to  whole  provisions  charges  goad 
can  to  1 1  my  nvedd^  money  as  freely  for  th^ 
and  be-estates  do  proiectaU  atler  see  be  )  it  such 
yeiiaU  47535657  the  yet  I  distauoe  to,  dare 
them  4n»don  Godb  hands  in  on  not  pievent  and 
hare  some  help  may  from  a  a  he  pray  very  1 1 
Ncsicssars  and  that  to  a  ooc^oo  prices  the.sub- 
mit  they  But  notown  had  made  be  do  men  some 
<^Mimbe  neoessiMr  47^535657  such  bestowed  no- 
ting thevoneit  money  oil'Brandnotto  sent  en- 
jgaged  wnoleWith  a  concerned  own  money  next 

rwe  money  far  then  but  some  impossible  first 
be  moflt  to  of  4744564868535667  30000  to  np 
.do  thotWe  done  ease  and  yet  number  without 
hltfd  ayfointed  lest  1300  likegive  will  al^er  ne- 
4eBMHr  pcoposed  as  should  leave  bard  had  num- 
ber i  ji^ramitori  678847535657  stood  possibly 
these  thought  J  vBOture  I  do  mention  this  as  as 
meaniBlhier  I  as  neithar  give  know  odbr  have, 


The  total  iPIUli  is  \a»nL  6ji.  which  will 
be^y^.to  |feii  by  Mr.  JB. 

Tottasu$  in  /^in  vriiinjg  on  the  back  cf  the 

Letter. 

I  hfffn  ^nnd  twp  «f  the  hnohs  I  wrote  to 
JHr.  B.  were  lost,  I  bcliwe  he  hath  tlieilae 


one ;  we  have  receired  his  letter :  I  have  no- 
thing more  to  say  to  nim  at  present ;  1  hope 
he  knows  how  to  write  to  me,,  and  understands' 
my  address,*  and  to  instruct  you ;  i.f  he  do 
not,  I  have  lost  six  hours  work.*    Adieu. 

The  DtcTPRBR  of  the  said  Lrn?a  as  it  wsp 
done  in  England. 

flir ;  June  81. 

Though  I  cannot  by  this  pos(t  send  you  jl 
fiill  account  of  your  afiairs,  yet  I  send  yon  an 
mnph  as  may  make  you  take  measures  what 
bills  to  draw  upon  me,  which  I  hope  you  wtU 
fully  undentond  bj  llr.  B-'s  help )  the  whole 
account  ammmten  to  a^esal  V*^  *  ^^  ^ 
epdy  give  yon  one  to  total,  as  sufficient. 

I  gone  so  1  and  leliise  otiject  first  yon  time 
much  is  way  the  our  would  of  altogether  con- 
cemed  do  .upon  absolutoly  do  to  do  sflectnally 
as  that  itbetoisataUbefid  success  69  money 
86  horse  ol'  and  to  60  9  h  86  orse  and  tliey 
have  if  at  be  that  no  some  there  23  foot  ike. 
50000  fight  part  as  against  the  hut  concorreooe 
lirom  be  less  nor  like  place  and  interest  is  small 
anH  power  against  need  do  bring  which  Birofa 
that  cannot  time  are  out  upon  an  88  ho  33  roe 
to  recvntted  projected  meat  very  may  tittle 
done  the  been  purse  I  to  shsl  my  lists  I  to 
great  venture  they  prospeot  proviiiiei^  hare  can 
willing  God  given  esnfeienoe  week  Brown  J 
of  things  said  some  the  now  there  my  head 
guard  mention  38  de  67  signs  thin^  itiiich  to 
your  hope  seme  ago  as  over  some  if  do  spoke 
tor  of  know  and  encouragement  confer  nave 
and  self  be  order  resolvie  and  to  reckeping  aM 
and  undertake  honest  m*  was  tar  be  sheet  uhp 
dertdung  many  of  to  for  purchase  was  as  is 
Ike  a  possibly  iis  of  by  forcelt  the  so  how  the 
cnedit  for  time  Birch  and  aome  greatest  them 
concerned  wiU  tor  and  to  and  aid  stotion  good 
may  onely  the  if  more  will  if  ;|ionid  expeet 
toUerably  standing  and  by  and  necessar  |he 
the  more  tbe  hsoarded  to  it  8  and  think  or^ 
so  necessar  1  the  that  bo  afiairs  have  busioess 
very  1  possible  of  1  send  hear  against  my  till 
what  little  upon  know  not  which  mon^  35 
oitistande  I  service  any  what  shall  resolve  the 
at  did  least  eflkctually  thought  and  far  if  busi- 
ness reckoned  for  still  the  there  I  or  stuck  yon 
upon  mohey  by  first  sum^yt*  tlieo  biUs  30 
dragooru  &9force$  well  that  38  keat  muititndu 
need  trouble  something  very  a  frighten  the 
i^hibahly  not  3000  the  Iho  the  once  for  and 
weceu  36  wiU  aasiatance  and  to  money  could 
foolish  Brown  many  the  not  to  Gods  Brand 
besides  stay  job  seat  yet  to  proposed  33  33 
arme  a  deal  the  things  as  aU  once  less  any 
drink  well  on  know  X  as  pay  whether  never 
tbe  received  to  any  «»icidate  about  to  that  that 
the  such  with  you  J  other  i  1  fiir  considerable 
be  particubir  add  1  ane  of  lest  I  bm  ail  have  it 
enemies  to  cannot  to  an  account  to  friends 
made  part , I  write  wish  .may  be  service  Mr.  an 
whole  theie  consider  persons  it  wlien  knowing 
any  and  pa3anent  to  I  it  \€fw  shall  Uttie  littto 
meaning  intellijg[enoe  thing  out  had  which  tento 
usual  whole  with  67  31  mlitia  and  h^f  the 


471]      STATE  TRIALS,  $5  Chakles  II.  l683.— iiilraiikslim  to  the  TtuJb     t*72 


inoreofit  but  the  that  blessing  raise  a  Pro- 
testant horse  can  virgins  supply  to  call  Ireland 
not  keek  imaginable  tho  them  joyn  standing 
'many  number  horse  onely  at  standing  a  mul- 
titudEe  first  considerable  with  more  can'  them 
.country  commqnded  in  and  there  amu  it  was 
Veeks  half  I  so  to  at  600  think  needs  precise  I 
the  the  it  a  within  what  requisite  not  sum  truly 
this  grounds  to  say  Mr.  thing  nor  know  they 
•8  hath  the  grounds  occasioned  I  they  both  do 
is  red  only  let  I  distance  in  I  half  in  I  the  Uttle 
would  auistance  first  shall  number  very  1000 
and  the  consider  small  confess  then  work  pro- 
posed please  cannot  are  2000  Brand  it  people 
jthe  be  arms  them  be  appearing  fathered  little 
forces,  Stirling  have  the  but  it  wSi  forces  and  as 
we  yet  together  only  it  for  buy  it  consider  im- 
ploy  better  interest  small  so  to  some  horse  a 
future  the  to  total  the  absolute  of  and  designed 
and  waggons  are  but  of  proposed  or  and  be- 
cause what  add  as  out  meddle  touch  T  knowing 
merchant  there  is  that  what  is  affair  attempt 
red  I  not  but  I  of  expect  of  up  I  enforce  at  be 
that  should  a  is  in  considerable  put  I  done  this 
all  hare  by  the  not  to  had  before  able  will  1  if 
and  a  they  have  will  is,  for  soldier  shall  neces- 
aars  the  or  of  if  is  is  they  very  incident  for  the 
daily^ot  deaths  necessar  to  their  the  necessar 
best  of  the  war  39  events  little  to  hope  repress 
many  sum  were  for  so  in  we  them  more  will 
.in  and  it  haid  any  many  yet  be  may  all  militia 
and  will  it  without  and  not  but  more  foi  triple 
on  is  T^  foot  BOW  be  God  and  but  is  what  a 
if  odds  it  as  near  named  not  brush  of  not  less 
power  proposed  an  of  thought  my  and  go  yon 
m  or  resolvt^  so  I  intend  hear  them  out  friends 
to  neither  to  will  much  till  any  the  know  on  in 
proposition  could  what  other  I  of  could  be  the 
and  be  but  that  easie  were  I  all  differ  was  ab- 
solutely soon  more  to  sent  above  at  well  right 
foot  their  together  provisions  the  suddenly  that 
.  motion  will  take  will  of  tlie  be  unwiUine  the 
will  can  at  is  get  Brand  not  arms  no  snould 
the  much  there  not  and  men  the  are  be  while 
<do  to  advantage  the  husbanding  tcilr  number  is 
be  lor  shoes,  only  to  whole  provisions  charges 
sood  can  1 1  my  meddle  money  as  frieely  tor 
the  an  be  estates  do  project  all  after  see  be  I  it 
such  you  all  horMe  the  yet  I  distance  to  dar 
them  direction  God's  hands  in  on  not  prevent 
and  h^ve  some  help  may  from  a  a  be  pray  very 
1 1  neceasars  and  tnat  to  a  occasion  prices  the 
submit  they  but  not  own  had  made  be  do  men 
/wme  of  sum  be  necessar  horse  such  bestowed 
nothing  tliey  one  it  motey  of  Brand  not  to 
sent  engaged  whole  with  a  concerned  own 
money  next  prove  money  far  then  but  some 
iroporaible  first  be  be  most  to  of  Uerctors 
20000  to  up  do  tho  there  done  case  and  yet 
number  withaut  hard  appointed  least  1S00  like 
«ive  will  after  necessar  proposed  as  should 
.  feave  hard  had  number  I  pei'emptor  J  67  33 
Jkorse  stood  possibly  those  tnought  juncture  I 
do  mention  this  as  as  mean  other  1  as  neither 
^ve  know  offer  have.    Adieu.  ^ 

The  total  sum  is  l^SgiL  Qst.  which  will 
Jbe  paidio  you  by  Mr.  B» 


Written  itf.  plain  sense  on  the  buck  of  the 

Letter. 

I  have  found  two  of  the  books  I  wrote  ts 
Mr.  B.  were  lost,  I  believe  he  hath  the  blue 
one  X  we  have  received  his  letter.  I  have  no- 
thing more  to  say  to  him  at  present :  I  hope 
he  Imowa  how  to  write  to  me,  and  understands 
my  address,  and  to  instruct  you,  if  he  do  not  I 
have  lost  six  hours  work.    Adieu. 

The  Copt  of  the  said  Letter,  as  it  was  given 
in  by  Mr.  Spence,  according  to  the  plain 
sense  thereof,  without  the  preface  or  post* 
script,  being  set  down  already  with  ths 
cypher  and  decypher. 

I  know  not  the  grounds  our  firiends  havs 
gone  upon,  which  hath  occasioned  diem  to 
ofier  so  little  money  as  I  hear,  neither  know  I 
what  assistance  they  intend  to  give  -;  and  .till  I 
know  both,  I  will  neither  rel'use  my  service, 
nor  do  so  much  as  object  against  any  thing  is 
resolvedf  till  I  first  hear  what  Mr.  lied,  [Car- 
stares.]  or  any  other  you  send,  shaH'  say  ; 
only  in  the  mean  time  I  resolve  to  let  yon 
know  as  much  of  the  grounds  1  ^  on,  as  is 
possible  at  this  distance,  and  in  this  way.  I 
did  truly  in  my  proposition  mention  the  very 
least  sum  I  thod|^nt  could  do  our  business 
eflfectually,  not  hm  of  what  I  would  have 
thought  requisite  in  another  juncture  of  af- 
fairs ;  and  what  I  proposed  I  thought  altoge- 
ther so  far  within  the  power  of  tlnSe  concern- 
ed, that  if  a  little  less  coidd  nossibly  do  the 
business,  it  would  not  be  stood  upon :  I  reisk- 
oned  the  assistance  of  the  horse  absolutely  ne- 
cessary for  the  first  brush,  and  I  do  so  still : 
I  shall  not  be  peremptory  to  urge  the  predss 
number  named,  but  1  do  think  there  needs 
very  near  tliat  number  effectually ;  and  I  think 
1000  as  easy  had  as  8  or  600,  and  it  were  hard 
that  it  stuck  at  the  odds :  I  leave  it  to  you  to 
consider  if  all  should  be  hazarded,  upon  so 
small  a  differ.  As  to  the  money,  I  conless 
what  was  proposed  is  more  by  half  than  Is  ab- 
solutelv  necessary  at  the  first  week's  work,  but 
soon  after  all  the  sum  was  proposed,  and  mors 
will  be  necessary,  if  it  please  God  to  give  suc- 
cess, and  then  arms  cannot  be  sent  like  money 
by  bills :  there  are  now  above  1300  horse  and 
dragoons,  and  2000  foot  at  least  of  standhig 
forces  in  Brand  [Scotland.]  very  well  appoint- 
ed and  tullerably  well  commanded,  it  is  right 
hard  to  expect  that  country  people  ou  foot, 
without  horse,  should  beat  them  the  triple 
their  number ;  and  if  multitudes  can  be  got  to- 
gether, yet  Uiey  will  need  more  arms,  more 
provision,  and  have  more  trouble  with  them  : 
nut  the  case  is,  if  something  considerable  bis 
not  suddenly  done  at  the  very  first  appearing, 
and  that  there  be  onel  v  a  multitude  ^hered 
without  action,  though  that  may  frighten  n 
little,  it  Will  do  no  good,  the  striding  forces 
will  take  up  some  station,  probably  at  otirliag, 
and  will  to  their  aid  not  only  have  .the  militia 
of  twenty  thousand  foot,  and  two  thoussnd 
hocse,  but  all  the  here^tors,  9ec  U>  the  nmnber 


%7S)       STATE  TRIALS,  35  Chables  11.  1 683.—/or  the  Rye-House  PM.      (474 


ttmmj  be  of  fifty  thousand ;  and  thoogh  many 
will  lie  unwilling  to  fight  for  the  standioff 
fon:eSy  3^  the  most  part  will  once  join,  and 
many  will  be  as  concerned  foi*  them,  as  any 
can  be  against  them :  and  though  we  had  at 
first  the  greatest  success  imagiuftble,  yet  it  is 
impossible  but  some  will  keep  tog^hcr,  and 
get  some  concurrence  and  assistance,  not  only 
in  Brand,  fScotland.]  but  from  Birch,  [Eng- 
land.] and  Ireland ;  it  will  not  then  be  time  to 
call  for  more  arms,  far  less  for  money  to  buy 
them,  no  money  nor  credit  could  sup{>)y  it,  we 
nboald  prove  like  the  foolish  rirgins :  consider 
in  the  next  place  how  l)rown,  [Dissenting 
Lords,]  can  imploy  so  much  money,  and  so 
many  horae  better,  for  their  ou-n  interest, 
though  the  Protestant  interest  were  not  con  • 
cemed ;  is  it  not  a  small  sum,  and  a  %mall 
Ibrce,  to  raise  so  many  men  with,  and  by 
Ood's  blessiDg,  to  repress  the  whole  power  of 
Braiid,  [Scotland']  that  some  hope  are  engaged 
Ugainsl  us,  besides  the  horse  to  be  seat,  need 
posBtbiy  stay  but  a  little  while  to  do  a  job,  if 
fiitnre  events  do  not  bring  the  seat  of  the  war 
to  Brandy  which  is  yet  more  to  the  advantaflfe 
«f  Birch,  [England,]  as  to  the  total  of  the 
inoney  that  was  proposed  by  the  best  husband- 
ing it,  cannot  purchase  arms,  and  absolute 
necessaries  for  one  time,  for  a  militia  of  the 
number  they  are  to'  deal  with,  and  there  is  no- 
thing out  of  the  whole  designed  to  be  bestow- 
ed upon  many  things  usual,  and  necessary 
ibr  such  an  undertaking,  as  tents,  wagons, 
doaths,  shoes,  horse^  horse-  shoes ;  all  which  are 
tMt  only  necessary  to  be  once  had,  but  daily  to 
be  recruited, \&r  less  out  of  the  whole  sum  pro-* 
jected,  was  any  thing  proposed  for  pronsions  of 
meat  or  drink,  mtelligence,  or  incident  charges; 
'some  very  honest  w^l-meaning^,  and  very  good 
men,  may  undertake  on  little,  oe<»use  they  can 
do  little,  and  know  little  what  is  to  be  done. 
All  I  shall  add  is,  I  made  the  reckoning  as  low 
as  if  I  had  been  to  pay  it  out  of  my  own  parse; 
and  whether  I  meadle  or  meddle  not,  I  resolve 
iUiver  to  touch tbe  money,  but  to  order  the  pay* 
ment  of  necessaries,  as  tbey  shall  be  received  ; 
and  I  shaU  freely  sabmit  myself  to  any  know- 
ing soldier  for  the  lists,  and  any  knowing 
xnoncbant  for  the  prices  I  have  calculated,  when 
there  is  an  occasi<^  to  confer  about  it,  it  will 
be  a  great  enoouragement  to  persons  that  have 
•estates  to  venture,  and  that  consider  what  they 
do,  that  they  know  tliat  there  is  a  project,  and 
pmspect  of  the  whole  aflairy  and  all  necessaries 
provided  for  such  an  attempt :  if  after  I  have 
spoke  wkh  Mr.  Red,  fCarstares,]  1  see  I  turn 
4o  yon  service,  I  will  oe  very  wifiing ;  If  I  be 
-not  able,  I  pray  God  some  other  may ;  but 
before  it  be  given  over,  I  wish  I  had  such  a 
ewd'eicnce  as  I  writ  of  to  you  a  week  ago,  for 
1  expect  not  all  from  Browne,  [Dissenting 
Lords,]  some  considerable  part  of  the  horse 
may  i  oope  be  made  up  by  the  help  of  your 
particular  friends.  I  have  yet  some  things  to 
-add,  to  enforce  all  I  have  said,  which  I  cannot 
at  this  distance ;  and  some  things  are  to  be-doue 
<ibptevealtbe  designs  of  enemies^  that  I  dare 


not  now  mention,  lest  it  should  put  them  od 
tbeir  guard,  I  have  a  considerable  direction  in 
my  head,  but  all  is  in  God's  hands. 

The  manner  of  Decy  phering  is  explained  more 
at  large  in  another  Book,  called.  An  Ac- 
count of  Discoveries  made  in  Scotland, 
&c. 

Part  of  WILLIAM  SPENCE  his  Deposition. 
At  the  Castle  of  Edinburgh,  the  19th  of 
August,  1684. 

Mr.  "William  S^ce,  of  tbe  age  33  years,  or 
thereby,  not  marned,  solemnly  sworn,  depones, 
That  ill  the  paper  subscribed  By  him ;  the  letter 
dated  June  21,  and  tbe  other  without  date, 
marked  A,  are  written  plain  and  in  the  true 
sense,  so  fiir  as  his  knowledge  reaches,  and 
that  he  had  no  key  to  open  the  letten 
with,  but  the  alphabencal  cypher :  that  by  the 
128  Gilders,  8  Stivers,  mentioned  in  the  end  of 
the  long  letter  he  understands  that  it  is  the 
key  thereof;  and  by  the  payment  of  the  same, 
be  understands  the  way  of  using  it.  That  he 
does  truly  believe  there  was  an  insurrection  in- 
tended, within  these  two  years ;  and  as  for 
what  is  to  come,  he  cannot  tell  what  the  people 
abroad  may  be  doing:  that  be  had  often  lieard 
of  designs  and  associations  ;  but  that  they  wer« 
directly  intended  to  hinder  tbe  duke  his  sac- 
cession  to  the  crown,  he  cannot  say:  for  all 
that  he  understood  was  pretended  for  the 
m>und  of  any  designs  of  arms,  was  the  de- 
nmCeofthe  Frotestant^  Religion,  the  libertiea 
of  the  kingdom ;  and  if  against  the  duke  bis 
succession  only  in  so  far  as  that  might  be  pre« 
judicial  to  these  ;  and  that  he  thinks  upon- the 
king's  death  tronbles  may  probably  arise :  that 
Mr.  West,  to. whom  the  letters  were  directed, 
was  not  one  of  that  name ;  but  Major  Holms, 
to  the  best  of  bis  knowledge :  and  this  is  the 
troth  as  he  shall  answer  to  God.  Sic  snbscri* 
bitur.  W.  Spemcb. 


The  INFORMATION  of  ROBERT  SMITft 

formerly  of  the  Parish  pf  Dunscore,  in 
*      the  Sherifdom  of  Dumfreis,  in  the  King ' 
dom  of  Scotland. 

At  all  the  conventicles  for  near  two  yeazs 
before  tbe  rebellion  in  the  year  1679,  then 
were  great  contributions  of  money  (wbich  were 
cheerfully  given)  under  the  pretence  of  a  sub- 
sistancc  for  their  ministers,  and  the  poor  of  their 
persuasion  (the  only  design  that  was  known 
to  the  meaner  sort  of  people)  but  the  greatest 
part  of  the  money  was  employed  tor  arms' and 
ammunition  for  a  general  rising:  in  order 
wherennto  the  phanatics  in  the  month  of  April, 
May  and  June,  1679,  were  preparing  them- 
selves, by  keeping  several  great  field  conven- 
ticles (both  in  the  West  and  South)  in  wbidi 
were  considerable  numbers  of  armed  men. 
And  although  they  were  generally  very  fond 
and  forward  to  put  their  design  in  execution ; 
yet  it  was'  hastened  a  month  sooner  than  was 
mteoded,  by  the  skionibh  that  hi^ppened  ebout 


AYf]     STATE  TRiALQ,  35  Cbabi.wi  II.  l6M.^Mroduiiium  i^  ike  Trialt      |;47^ 


Ihe  middle  of  Juna^witkui  two  mikMt  of  LowdoQ- 
iiiU,  j^w«ea  %  partjr  of  hi^  majesty's  forces 
uader  the  comoMMl  of  o^ptaia  (oow  eolooel) 
Graham  of  ClaTerhouse,  and  a  strong  field- 
b9nreDticle,  in  which  I  was  myself  with  a 
party  of  a  trooo  of  horse  (levied  in  Nithsdale 
in  the  end  of  May,  and  foeHnnin^  of  June) 
whereof  I  was  comet,  under  Mr.  William  Fer- 
guson of  Caitlock,  captain,  and  John  Gibson 
of  Auchinchein,  lieuteriSint.  The  same  ni^t 
i£fler  that  skirmish,  I  was  at  the  eari  of  Low- 
don's  house  with  Robert  Hamilton,  John  Bal- 
£>«',  and  David  Haxton  (both  murderers  of -the 
late  archbishop  of  Saint  Andrews)  Ji>hn  Kisr  in 
Hipiehoie,  and  seveqU  othens,  in  number  nbout 
twenty  seKeo  home.  The  earl  hinaself  was  in 
the  bouse,  a^d  J  saw  him  pass  into  the  |;arden ; 
but  I  did  not  perceive  that  he  came  wto  oar 
copapany,  thouj^h  I  have  reason  to  believe  that 
Bfobert  Hamilton  wa^  with  bis  lordship  and  his 
lady  in.«eme  of  the  chambefs,  because  I  saw 
lijm  JeayiBgc  us  all  of  his  company  in  the  great 
Uil,4tnd  going  into  the  private  rooms,  where  I 
0m  sare  »!«  my  lady,  as  I  do  not  doubt  but  my 
kfd  was  also,  for  it  was  from  thence  that  I  saw 
liiii)  pass  into  the  garden :  but  my  lady  did 
|»ttbUely  tbat  eight  entertaisL  and  lodge  all  Ibe 
«o«9iDaoy.  The  next  morning  at  four  of  the 
'4sloeK  we  came  from  that  earl's  house,  and  made 
•11  the  baste  ^e  eould  to  Hamilton,  ia  oi'dar  to 
Maihe  body  that  we  had  parted  with  tbe  day 
Icfore ;  «nd  the  next  day  we  all  marched  to 
Qlo^gow,  where  (the  morning  after)  we  were 
teiien  by  soqaie  troops  and  companies  of  tbe 
lung's  forces,  and  thereupon  netumedto  Ha- 
jBiltoflK.  From  thence  I  went  in  company  of 
iir.  DttTid  WiUiaoMQii  (who  w«s  a  preacher 
i|Bd  a  captain)  witb  siKsewe  borne  to  the  shire 
0i.  Galloway^  where  we  met  and  jomed  six 
tMops  of  borse  «ad  about  as  many  oompanies 
«f  &ot  thai  were  levied  in  Ibat  country  and 
Dttthsd^le  for  om:  assistanoe.  Thereafter  we 
wentkito  Dumfineis  where  we  staid  a  night, 
mnd  had'  notice  of  .the  king.'s  forces  comine  to 
the  Kirk  of  Shots ;  whereupon  we  mnrched 
with  aH  possible  diligence  to  join  the  rest  of  the 
TsMa  at  HamBton ;  seizins'  all  the  arms  and 
boFses  that  we  could  find  by  the  way,  espe- 
cially  at  Dromianria,  Thom-hiH,  Sanehar, 
CflMDOOok,  Cesnook,  Newmills  aad  Stmrin ; 
but  at  Cesnoek  we  reoeiyed  ^four  hmidred 
la^tfes,  wbicb  we  were  told  were  the  firee  and 
veiuntary  ^  of  m  Hugh  Campbell,  the  fa- 
Iber,  and  aur  Geoi^e,  the  son.  There  was  o^e 
§ms9ge  in  this  mu«h,  which  I  cannot  forbear 
40  lelate,  viz.  That  as  we  were  passing  by 
tbe  obi  caatle  of  Tceve  (where  his  majesty  of 
blessed  memory  had  a  gjarrison,  in  the  begin- 
jpiDg  of  the  nikluippy  troubies  of  his  reign)  old 
Gordon  of  Esrlstown  (who  in  lew 
daya  after  W98  killed  at  BotbweU-bridge)  ip 
my  he»riiig  epoke  to  tbe  officers  thai  were 
MMt  hisa  as  foUowetb,  Gentlemen,  I  was  tbe 
man  that  commanded  the  party  wlueb  took 
this  castle  from  Uie  bile  kiqg,  whn  had  in  it 
flbom  300  of  tbe  name  of  MasevelU'Of  whom 
ikbe4;iantwifartbcingP«fii«la  m  piu  tbon  iB 


to  tbe  sword,  and  demolisbed  tbe  castle,  as 
voa  see  it :  and  now  {though  an  old  man)  I 
take  up  arms  against  the  son,  whom  I  hope  to 
see  go  tbe  same  way  that  his  tatbc;r  vent :  for 
we  can  Aever  put  trust  in  a  covenant-breaker  ; 
So  gentlemen,  year  cause  is  good,  ye  need  not 
fear  to  fight  against  a  forsworn  king. 

Upon  Saturday  tbe  Slst  of  June,  1679,  tbe 
main  body  of  the  rebels  came  to  Hamilton, 
and  lay  encain|)ed  betwixt  that  place,  and 
Bothwellrbridge  until  Sunday  the  29tb,  when 
we  were  defeated  by  tbe  king's  forces,  during 
which  time  there  came  to  our  camp  great  store 
of  provisions  and  arms  from  Glasgow,  Hamil- 
ton, Laurick,  Lesmah^,  Newmills,  and  se- 
veral other  places  in  Cli^dale,  and  tbe  parts 
acyacoBt ;  but  I  do  not  know  tbe  particidar 
persens  from  whom  tbey  were  sent,  sav^  only 
what  J  have  said  concerning  our  receiving  tba 
400  lances  at  Cesuock :  but  about  a  week 
before  our  coming  to  that  place,  as  wc  wer« 
passing  by  the  earl  of  (galloway's  bouse  of 
Garlis,  his  brother  the  laird  of  Bymstone  came 
to  ^ee  some  of  the  gentlemen  that  were  of  out 
number,  and  accompanied  us  10  or  1^  miles^ 
usturoiog  ai'terwards  to  his  house ;  but  betore 
his  going  he  gave  assurance  that  both  his  bro* 
iher,  the  earl  of  Galloway,  the  k>rd  Kennoiora 
and  himself  were  our  friends :  and  I  did  baaf 
bim  giving  great  enooarajg;ement  to  tbe  nfteaner 
sort  oi  people  that  w.ere  m  arms  with  us,  by 
bfddiog  them  to  be  chearful  and  courageous  ; 
for  he  did  assui^e  them  that  they  bad  veiy 

good  friends  in  tbe  country  ;  and  we  did  be- 
eve  that  within  few  days  thereafter,  as  w«Il 
the  earl  of  Galk>way,  and  lord  Keumore,  «s 
tbe  said  laird  of  Rymstone  would  come  and 
join  with  us,  and  had  we  been  able  to  oontihui^ 
some  time  long[er  together  in  a  considerable 
body,  and  bad  given  tne  least  &il  to  the  king's 
forces,  we  expected  that  ni^y  persoiis  of 
great  quality  and  interest,  would  have  j^ed 
with  us :  wbeseof  a  per&ct  accotmt  can  he 

fivenby£aristown(nowa  prisoner  in  Edin- 
uivh)  if  he  wUl  but  ingenuously  declare  what 
be  knows. 

The  night  before  the  fight,  ibe  nebels  (one 
Hamilton  Moor)  held  a  coMOcil  of  war,  con- 
aistia^  of  Ilobert  Hamilton,  David  Hajcton  of 
Batbillett,  John  BaHbur,  Msjor  Ledmont, 
r<i^'^  Ma^crellan  of  Banscoib,  r-"-^  Gordon 
of  Home,  Mr.  Will  jam  Ferguson  of  CaitJocb, 
(my  captain  aibre^aid,)  — r—  Gordon  of  Crai|^ 
— — -  Gorton  of  Newtoun,  — —  Gordon  of 
Eai'lstone  elder,  — -  Gor^  of  Earlslone 
younger,  ~-  Goidon  of  Cniicfalaw,  ^**^jf*itTr^ 

MackcidloGb,  -— p-  O'Uodougaliof  Freugb, 

captain  John  Smith,  ca|ftain  ->-^-  Hona^  fir. 
WiUiam  Clelaud,  a  captain  of  horse,  M^ .  JiDwni 
Fowler^  a  oaptain  of  foot,  Andrew  Story,  a  oafi- 
tain  of  loot,  and  several  other  gentlem(Mi  and 
odGieeBB,  whose  names  I  do  not  at  tbe  ppsieat 
remember,  bukdo  well  know  the  places  of  tbiiir 
nbode.  There  were  also  seiuuref  of  4^  minii^ 
ters  in  ^  eouneil  o#'  w»r,  vjf .   Mr.  Jkm 

wash,  dftr.  JSe^Kt  AMuiiakl,  Mr.  'iieimdir 
Jimtj,  ik.  David  waiiamiMii  (w^o  afap  ae 


4^]       STATE  TRIALS^  95  CIiabLM  IL  I6t3.«-^  t^  IfyhUiiUi  PU.      £4m 

I  hA^  bM  before  ^m  Mpliiil  oT  a  ttMp 
of  kome)  Hr.  Daiid  Hwm,  Mr.  Jobn 
BtabUer^  Mr.  Jolm  Bkidtlotb,  Bfr.  DmMdd 
CkfS^  Bfr.  John  RidL  Mr.  Mm  Kingr,  Bf r. 
Jfehn  Dick,  Mr.  iWtias  Forrealer,  Mr. 
J^ksk  DickflOA,  Mr.  IUfe«tt  8teidil«uds,  Mr. 
Pttrick  VenwU,  anil  Mr.  Joba  HarrftWajr  with 
90ne  otkcn :  bot  iit  ibis  tfEM  Mr.  ftmbwi 
€tiiircni  ftod  bis  brother  Mr.  NicbaeK  with 
iMM  ^w  other  tnhitolBfi  wore  gone  to  Hoi- 
Ittd  with  monies  to  my  Par  srms  th«t  were 
ftmeriy  brought  by  KerskuidPs  son  (as  I  was 
rfaoe  mibmed)  and  some  other  pbaDttieks 
fimg  there.  In  this  eowicfl  there  were  rery 
bdtdebotes betwist  Weleh's  party  (the  most 
mnderable  of  the  two^  who  were  eontent  to 
lay  down  artns  upon  their  gfetlingf  an  indul- 
geoee,  and  Robert  iiainifion's.  party  who 
would  rest  satisfied  with  nothing  less  than  the 
flBtirpatioti  of  episcopacy,  and  setting  np  a 
Mrs  mneabyterian  government,  as  they  called 
n.  And  the  differenees  were  so  grsot  setwixt 
tbeoi.  that  the  ch<Nee  of  their  ohief  oflSoers 
(which  was  designed  to  hare  been  that  night) 
was  pot  9ff  till  the  next  day,  (being  Snnday )  at 
tOin &e ibrenoon  ;  b«t  were  prevented  by  the 
kbig's  army  coming  before  sun^^nsing,  to  the 
Horth-eod  of  Bothwel-bridge :  however,  they 
did  that  night  appoint  two  cottunissioners,  (viz. 
Wt.  David  Home  and  captain  Mackcullocfa)  to 
treat  lor  them  with  the  duke  of  Monmouth  : 
SB  whom  they  waited  accordingly  about  half 
in  hour  before  the  fight,  but  returtied  without 
any  suboess.  The  general  diecenrse  amon^ 
ike  rebels  on  FHday  aM  Saturday  was,  that 
Ike  lord  Burgany  would  certainly  come  in  to 
iiem  the  Monday  foltowiag  (had  not  the  fight 
OB  Sunday  prevented  him)  to  command  tmrir 
Ibrees  in  <mief,  and  to  appoint  suoli  field 
officers,  both  fi^r  the  horse  and  tbot  as  he 
HMMld  think  fit,  unless  they  had  been  appointed 
by  the  council  of  war  berore  his  coming ;  but 
in  either  of  the  cases  they  vrei-e  to  have  had 
tbnr  commissions  from  him  :  for  it  was  most 
Certain,  that  ttrey  would  not  allow  Robert 
banuHon  to  be  their  commander  in  chief,  the 
tcbciB  did  frequently  and' openly  express  the 
mat  confidence  they  had  in  some  of  their 
mends  about  the  duke  of  Monmouth,  and  par- 
ticularly the  lord  Melvil,   the  lord  Newark, 

sir  Thomas  Armstrong,  and  sir Hamilton 

sf  Preston  (the  elder  brother  of  Robert  Hamil* 
ten)  besides  some  others  whom  I  do  not  now 
,  but  could  know  them,  if  I  shonld 


names. 
When  the  king's  standing  forces  begnn  to 
the  brid^,  the  chief  officers  of  tiie  rebels 
were  consuHing  what  was  fit  for  them  to  do, 
and  it  wMsresolv^l  that  they  should  all  march 
away  m  godd  order  tovrards  Gionnck,  and  the 
tains  of  OaHoway,  until  they  should  be  fur^ 
aished  with  wrms>nd  ammun^ition,  which  were 
landed  at  Borrostenness  (besides  what  was  ex^ 
pected  from  Holland)  but  conM  not  then  be 
bnmglit  to  them,  by  reaao»  of  the  king's  army 
having  been  diterposed  betfl'een  th^etn  and  that 
itface.    And  nioreorer  they  wtre-  m  expef^" 


tkn  af  fonBiiisiiibte  leiMfiaamwite  kodi  of 
horse  and  fbot,  which  were  oa  thdr  laarcbf 
fboBi  several  parts  of  the  coontry.    Bat  tMr 
chief  eacomagsroeftt  to  prosecute  tins  dengD, 
was  the  confidcnca  they  had,  that  the  duke  of 
Monnaooth  wookl  not  put  any  hardBhip  tKNm 
them  ^  which  I  have  good  raason'to  believa 
was  tme )  fbr  when  I  was  ia  company  wiib 
all  the  rebels  horse  (about  1,600  in  number) 
lesathan  a  mile  firom  tbeflekl  of  batde,  mansk-^ 
ing  up  on  a  ristae  ground  fia  our  retreat)  I 
looked  over  my  sboiuder,  ana  saw  the  king^a 
horse  at  a  stand,  afber  they  had  pursued  ua  • 
little  .vray,  which  we  looked  upon  as  having 
been  done  to  favour  our  escape:  for  if  they 
had  fbUowed  us,  they  had  certaiaiy  kilted  or 
taken  us,  all,  a  fbw  only  excepted,  who  wera  - 
very  well  mounted ;  and  we  were  often  after-^ 
watilslohl,  that  they  werestoptby  thadtaka 
of  Motunouth's  positive  command,  when  they 
were  vH>leBtly  pursuing  us,  after  tliey  had 
quite  broke  Oar  fool  (oonststtag  upwards  of 
4,000,>  and  were  within  less  thtt  h^a  mile 
oi  the  body  pf  our  horse  (nmning  away )  Which 
then  was  in  great  consternation  and  confiisidn  : 
however,  we   marched  that .  forenoon  in  aa 
good  order  as  we  could  (12  mi^es  over  a  moor> 
1  to  New-mitls,  without  any  of  his  majesty's 
forces  giving  us  the  least  disturbance,  wfaer» 
we  separated,  some  going  towards  Air,  othera 
to    6alh>way,    and   the   rest  to  Nithsdale ; 
amongst  which  last,  were  the  most  resolute  of 
the  officers,  to  the  number  of  betwixt  45  and 
50 ;  who  continued  together  in  arms,  ffoinff 
up  and  down  the  country  in  Gallqway,  Niths- 
dale and  other  places  thereabouts  (after  all  the 
rest  were  scattered)  until  a  party  of  the  king^s 
fbroes,  under  the  oommand  of  Clavo^house, 
came  into  Galloway,  and  then  we  (for  I  was 
myself  alt  along  with  that  small  remainder  of 
the  rebels)  went  into  the  West,  where  we  wera 
meet  kindly  entertained  in  many  places,  though 
I  do  not  remember  the  names  of  the  persona 
by  whom :   but  I  do  well  know  their  habi« 
tions ;    and  •  I  was    afterwards  told  by  Mr. 
Richard  Camron,  and  his  brother  Mr.  Michael, 
that  they  and  several  others  were  sheltered  sad 
entertained  by  sir  Hugh,  and  sir<]reoi^e  Csnap* 
bells  at  their  house  of'  Cesnock.    After  some 
stay  in  the  West,  I  returned  to  my  own  house 
(Kilroy)  within  four  miles  of  Dumfireis,  where 
having  staid  about  five  or  six  weeks,  the  said 
Mr.  &chard  Camron,  and  his  brother  Mr. 
Michael  (who  wi  re  some  short  time  b^H«  re» 
turned  from  HottiAd)  came  to  see  me,  aad    ' 
stayed  with  me  two  nigbts:   diey  told  me, 
that  they  had  bought  four  small  nrasa  gm 
with  a  considerable  quantity  of  aminumtHMi 
and  fire-arms,  which  they  had  in  a  readiness, 
to  have  been  shipped  at  Amsterdan,  hi  order  to 
their  having  been  landed  at  Greenodk;)  when 
they  received  the  ne^ws  of  the  defeat  at  Both* 
w«A-bridge  ;  wh^eupon  they  put  up  tha  said 
jfuns,  arms  and  ammunition  m  a  secure  place 
m  Am9terdam,  until  diere  should  beoooasiett 
fbr  them.    The  Sunday  after  their  ooming  to 
my  boose,  Mt.  iUl^iiam  C^tofom  ktfi  a  ficNJ* 


4r91'    STATE  TRIALS,  $&  Ghablss  II.  l6M.^Litfodu€tkm  to  the  Trids    [W^ 


oonventkle  within  a  mfle  of  sir  Robert  DalyeU*s 
house,- where  were  about  5,000  in  number. 
The  occasion  of  this  meeting  (where  f  was 
present)  was  to  see  how  the  country  stood  in- 
clined, and  who  would  join  with  hiin.  From 
thence  the  said  Mr.  Hicnard  carried  with  him 
30  men  (whereof  I  wias  one)  to  the  laird  of  St. 
John's  Kirk  (a  cousin  of  the  lord  Carmich- 
aeVs,  and  Y  suppose  his  name  is  also  Car- 
michael,)  whose  house  is  about  two  miles 
from  Biggar,  and  towards  30  from  Edinburgh,, 
where  we  stayed  four  da^'s  :  during  which, 
there  was  several  conventicles  kept  in  the 
house,  at  wliich,  the  laird  and  his  lady  were 
constantly  present.  And  the  Sunday  after  we 
kept  a  field^coBventicle  on  Tinto-hill,  to  which, 
there  was  people  gathered  from  all  parts  of  tLe 
country  ther^bout,  to  the  number  of  between 
thr^  or  4,000,  wh^*eof  many  were  well  armed. 
Nprom  this  hill  I  went  with  Mr.  Richard  Cam  • 
ron  aforesaid,  and  upwards  of  20  more  to  the 
hidy  GiUcerscleughs's  house  (a  widow  lady)  in 
Clidsdale,  where  we  stayed  a  week,  and  icept 
several  conventicles  with  her.  About  this 
time  the  duke  was  come  to  Scotland,  and 
whilst  we  were  in  this  house,  it  was  one  niffht 
at  supper  proposed  b^  Haxtoun  to  kill  n\s 
royal  highness,  .the  said  hidy  being  present, 
together  with  the  two  Camrons,  four  gentle- 
men of  the  North,  whom  I  knew  not,  and  two 
of  my  neighbours  whose  names  are  John 
Harper,  and  Robert  Nalson. 

Tnis  Uaxtoun  said  he  would  do  it  himself  if 
he  could  come  at  hiim  ;  and  thought,  that  it 
might  best  be  done  when  the  duke  was  at  dinner ; 
wherefore  he  asked,  if  there  were  any  there  that 
would  go  and  observe  all  the  manner  of  his 
royal  ni^hness's  dining  ?  whether  people 
might  get  into  the  room  to  see  him  at  dinner  ? 
and  if  there  were  any  number,  or  crowds  of  peo- 
ple got  in  ?  Saying,  that  he  wa»  too  well  known 
to  go  upon  this  errand  himself.  So  Mr.  Mich- 
ael Camr^n  undertook  it,  and  took  me  along 
with  him,  who  were  particularly  instructed  to 
observe,  whether  people  could  go  in  with  lai^e 
coats  or  cloaks  updn  them,  and  women  with 
plaids  ;  'and  whether  they  could  pass  the  sen- 
tinels with  their  swords  :  and  according  as  he 
should  find  matters,  he  would  afWwards  con- 
trive the  best  way  to  effect  the  business.  Ac- 
cordingly we  two  went,  and  saw  the  duke  at 
dinner  ;  but  as  we  returned  to  bur  lodging,  at 
one  Danald  Mackay's  house,  at  the  head  of  the 
Cow-gate,  near  the  grass-market,  Camron  (by 
chance)  met  tliere  a  man  which  knew  him ; 
whereupon  we  both  betook  ourselves  immedi- 
ately to  our  horses,  and  were  pursued  by  IS  of 
the  king's  dragoons,  who  followed  us  so  close, 
that  we  were  forced  to  part  company  \  and  I 
went  to  my  own  house,  where  being  again  in 
danger  by  a  party  of  Claverhouse  his  troop,  and 
not  winking  myself  safe,  I  came  into  England, 
where  I  continued  three  years,  and  was  at  many 
Presbyterian  house  conventicles  in  Shrewsbury, 
Brummigham  and  Bristol ;  but  never  see  a 
field-conventicle  in  thb  kingdom,  save  one  at 
Clee-  hill  (some  few  mile  distant  6om  Ludlow) 


npoD  a  Sunday  in  May,  16dl,  where  were  met 
to  the  6umber  of  upwards  of  1000  ;  and  som«. 
of  note  were  amongst  them  ;  but  I  do  only  re- 
member the  names  of  Mr.  Burton  (a  lawyer 
whose  country-residence  is  in  Shropshire)  and 
Mr.  Wardin,  a  merchant  in  Brummigham,  be- 
sides the  two  ministers  who  preached  there, 
whose  names  are  Mr.  Thomas  Eaglc«all,  who 
lived  in  a  little  market  town  (called  Kinver)  in 
Worcestershire,  near  iustice  Foley '^  house,  and 
Mr.  Thomas  Case,  who  lived  near  Shrewsbury, 
and  their  sermons  were  wholly  tending  to  raiso 
•faction  and  sedition,  in  the  same  manner  as  I 
have  too  frequently  heard  in  the  field- conven* 
tides  in  Scotland.     About  a  year  and  half  ago 
.  I  went  over  into  Holland,  when  I  saw  the  (sine* 
deceased)  earl  of  Sliafbbury,  and  the  late  earL 
ofArgile,  at  Amsterdam;    but  did  not  speak 
with  either  of  them  ;    and  saw  Ferguson  mt' 
Rotterdam  with  whom  I  spoke ;    but  nothing 
concerning  the  government.  .  Then  Mr.  John 
Hog,  and  the  other  Scotch  ministers  belonginflr 
to  Rotterdam  (knowing  that  I  was  in  the  reb£- 
lion,  and  could  not  safdy  live  at  home)  advised 
me  to  enter  mysc4f  a  soldier  in  the  prince 
of   Orange's    army  ;    which    I  did    accor* 
dingly  in  colonel  James  Ihjglas's  regiment,  in 
his  own  company,  where  I  served  a  year.;  and 
then  became  known  to  Mr.  Thomas  MaXwdU^ 
a  captain  in  that  regiment,  whose  country-niaa 
I  am  ;  and  he  understanding,  that  I  was  fled 
from  home  upon  the  account  of  ray  accession  ta 
that  rebellion,  told  me  how  fair  an  opportunity 
I  had  to  serve  the  king,  by  making  a  full  disco- 
very of  all  persons  that  I  knew  to  be  guilty  of 
it,  or  any  ways  aiding  and  assisting  towaeds 
the  promoting  the  same.    Adding,  that  if  I 
would  follow  his  advice  in  that  matter  he  doubt- 
ed not  of  his  putting  me  in  a  way  to  deserve 
and  obtain  the  king's  remission,  whereby  I 
might  be  enabled  to  live  peaceably  at  home 
hereafter.  To  which  I  did  very  readily  consent, 
and  he  having  thereupon  (the  12th  of  NoYcm- 
ber  last)  obtained  my  discnarge  from  my  6olo« 
nel,  1  have  since  discovered  what  I  could.  And 
particularly  that  at  Rotterdam  (since  my  said 
discharge)  I  had  seen  several  of  the  Whiggish 
ministers,  some  whereof  I  remember  were  at 
Bothwel-Bridge,  who  came  from  Scotland  about 
the  beginning  ofSeptember  last,  viz.  Mr.  Tho- 
mas Forrester,  and  Mr.  Patrick  Vematt  (for- 
merly mentioned  in  the  council  of  war)  who 
preach  frequently  in  the  Soots'  church  at  Rot- 
terdam, as  do  Mr-  Gordon  (who  is  brother  to 
James  Gordon,  a  merchant  there  lately  de- 
ceased) Mr.  John  Harvey,  Mr.  George  Barclay, 
and  Mr.  John  Sinclair,  all  phanatic  preachenu 
The  most  part  of  whom  (as  the  above-menti- 
oned Mr.  Forrester  told  me)  went  over  from 
Holland  into  Scotland,  about  the  month   of 
August  last ;  but  that  they  found  thems^vee  in 
sucn  daily  hazards  of  being  apprehended,  that 
they  returned  back  again  to  Holland ;  and  that 
this  bad  news  which  they  brought  over  with 
them,  is  the  reason  why  Robert  Hamilton's 
late  intended  journey  to  Scotkmd  was  put  off, 
whither  1  was  sometime  hefore  iaformed  he  did 

4 


481]       STAITE  TRIALS,  35  Charles  II.  iffSa.-^t/br  the  Ifye-Hdwe  Plot.      [im 


intend  to  go,  and  to  carrj  arms  tlcng  with  htm 
ta  some  of  his  friends  there.    The  said  Forres- 
ttr  told  me  farther,  That  ther  resobre  to  keep 
BO  iDore  fieM-conventides,  nnding,  that  those 
meetioffs  have  senred  only  to  weaken  their 
prty ,  uiroQgh  the  seizing  of  some,  and  diapers- 
nag  the  rest  (which  made  their  friends  publicly 
known)  and  that  Q<iw  the  English  and  they. 
join  councOs,  nnd  resolTe  to  go  on  more  wsrily. 
I  did  likewise  discover,  that  the  manner  of  the 
said  ministers,  their  passing  to  and  fro  betwixt 
Holland  and  Scotland  ondiscovered,  was  by  their 
beinfl^  clad  in  seaman's  deaths,  and  working  in 
the  Klips  as  sea- men.    As  also,  that  I  was  per- 
suaded, before  they  shall  attempt  any  thin^  to- 
wards a  new  rebelhon,  or  making  use  c?the 
anns,  that  the  two  Cararons  letl  m  Amsterdam 
fwfaicb  are  now  in  the  custody  of  the  late  earl 
«f  Arable,  as  I  was  told  about  nine  weeks  ago  in 
ThteAij  by  sir  John  Cochran's  second  son,  and 
Mr  WrDiam  Cleiand,  mentioned  in  the  council 
-of  War)  they  will  first  endeavour  to  dispatch  the 
king  ;  and  that  being  done,  they  doubted  not 
but  diey  could  soon  overcome  the  duke,  and  all 
odiers  toat  would  oppose  them  v  which  I  heard 
myself  disconraed  in  a  meeting  about  two  months 
w^j  at  Mr.  Hiomas  Hog,  a  phanatic  preacher 
bis  house  in  Utrecht,  where  were  present  (besides 
Mr.  Hog,  and  myselH sir  John  Cochran's  son, 
and  Mr.  Cleiand,  alreaoy  mentioned,  Mr^ James 
Steward, .tb^  lawyer,  his  lady,  the  lady  Kers- 
land,  and  her  son,  with  several  others,  whose 
names  I  do  not  remember  :  but  tbis  Iftngnajre 
ibcy  apeak  only  amongst  their  confident  friends: 
fbr  they  make  the  common  sort  of  pe(»ple  believe 
that  diere  was  no  such  thing  as  a  phanatick- 
plot ;  but  that  the  raising  of  that  report  was  a 
contrivance  of  the  Papists,  to  make  use  pf  false 
witnesses,  for  taking  away  the  lives  of  true 
Protestants ;  which  I  have  of^en  heard,  not  only 
discorarsed,  in  hooses  where  some  of  the  ordinary 
sort  of  people  were  in   company;   but  also 
preached  in  th^  churches,  where  the  sermons 
(for  the  oath)  to  bring  up  their  children  in  the 
traejprotestant  faith,  and  m  the  discipline  and 
doctrine  of  the  Kirk  of  Scotland,  according  as 
ihey  are  obliged  by  the  solemn  leagite  and  co- 
venant ;  and  at  their  communions,  debarring 
always  ^m  their  sacrament  all  such  as  have 
ort  taken  the  covenant,  and  do  not  adhere  to  it. 
But  of  all  the  fugitive  preachers  lately  gone 
over  from  Scotland  into  Holland,  none  is  more 
perversely  violent   a^inst  the   government, 
than  Mr.  John  l^nclair  Twho  for  many  years 
was  minister,  and  kept  a  ooarding  school  at  Or- 
miestoim)  whom  abont  twelve  weeks  ago  I 
heard  preach  in  the  Scotch  Chuixh  at  Rotter- 
dim  ;  and  a  great  partof  his  sermon  was  railing 
against  the  duke  and  the  privy  council  of  Scot- 
land, saying,  that  he  (meaoing  bis  royal  hieh- 
aess)  was  a  rebellious  enemy  of  Crod ;  and  had 
got  such  «  hand  over  those  peijured  rogues 
(meaning  the  lords  of  the  privy  council)  as  they 
aQ  intended  to  overturn  the  Protestant  Retigion 
and  to  introduce  popeiy ;  which  ^e  further 
said)  could  very  easily  be  done,  considering  the 
'ODaU  differeaciB  thtt  is  betwix^them  since  epis- 
▼OL.  lac 


copaey  was  re-established ;  and  in  his  prayer 
after  sermon,  I  heard  him  pray  earnestly,  Tbat 
God  might  open  the  king's  eyes,  to  let  him  see 
the  evil  of  bis  ways,  and  turn  from  it ;  other- 
wise. That  God  mi^ht  taie  him  out  of  this 
world,  from  being  a  curse,  and  a  scourGre  to  his 
holy  people.  And  farther  prayed,  That  God 
would  turn,  the  counsels  of  his  counsellors,  as 
he  did  that  of  Achitophel  into  nothing. 

The  faite  earl  of  Argyle  lives  now  iH  the  pro** ' 
vmoe  of  Prisland,  where  he  has  a  smaH  estatei 
purchased  partly  by  his  fhtlter,  and  partly  bj 
himself;  upon  one  of  their  family  or  tenants 
fbretdling  maor  years  ago,  that  they  should 
be  driven  from  tneir  estate  in  Scotland,  as  I  was 
often  told  in  Holland,  particularly  by  Mr.  John 
Hog  minister  of  the  Scotch  church  in  Rotter- 
dam and  Mr.  John  Pitcaime,  who  keeps  a 
meeting-house  at  Utrecht.  The  e^l  of  Low- 
den  with  two  servants  only,  and  sir  James  Dal- 
ryraple  of  Stair  with  his  whole  family,  live  at 
Ley  den,  besides  Mr.  Douglas  (a  minister)  and 
some  f^w  more  whose  names  I  do  not  remem- 
ber. There  are  many  phanatick  house-keepers 
in  Rotterdam,  who  barbom*  the  rebels  and  fu- 
gitives that  come  over  from  Scotland,  viz.  Ro- 
bert Gibbs,  Mr.  Livistoune,  John  Gibbs,  Mr. 
Russel,  James  Delapp,  James  Thompson, 
John  Greirson,  James  Nory,  John  Jack, 
George  Weir,  all  merchants,'  and  the  widotv 
of  the  lately  deceased  James  Gordon,  merchant, 
whose  house  was  the  common  receptacle  of  #e 
chief  of  those  rebels  and  fugitives.  The  gen- 
tlemen that  I  left  at  Rotterdam  are,  Mr.  Dcn- 
ham  of  Westsbeilis  with  his  family,  captain 
William  CleTand,  John  lielfour,  with  his  fami- 
ly, captain  William  Ferguson  of  Caitlocii  with 
his  family,  captain  Andi-ew  Story.  The  minis « 
ters  there  are  Mr.  John  Hog,  Mr.  Robert 
Fleemiug  (settled  preachers  of  the  Scotch 
church)  Mr.  John  liari'away,  Mr.  Thomas 
Forrester,  Mr.  Alexander  Hasty,  Mr.  Patrick 

Vemat,  Mr.  John  Blakater,  Mr.' Gordon, 

Mr.  George  Barclay  and  Mr.  John  Sinclair 
aforesaid,  who  is  now  settled  a  preacher  in  the 
EugUsh  church  at  DeMh.  At  Utrecht  I  left 
Mr.  James  Stewart  the  lawyer  with  bis  family, 
and  his  elder  brother  the  laird  of  Coldoesse, 
Mr.  Cochran,  (sir  John's  second  son)  the  lady 
Kei-sland  and  ner  son,  and  six  ministers,  v'lz, 
Mr.  Thomas  Hogg,  Mr.  John  Pitcaime,  Air. 
John  O^ilvy,  Mr.  John  Veitche,  Mr.  Robert 
Ker,  and  Mr.  Robert  Menteath,  besides  some 
others  of  less  note,  jv hose  names  I  do  not  re^ 
member,  I  left  at  Utrecht  3  Eoglish  gentle- 
men who  Uved  there  for  some  time  before,  and 
go  by  the  names  of  esquire  Packnood,  Mr. 
Smith  a  merchant  of  London,  add  Mr.  Jones  a 
Welsh- man,  but  I  do  not  believe  thai  these 
are  their  true  names  for  they  fled  from  England 
upon  the  discovery  of  the  late  plot,  as  did  like- 
wise several  other  Englishmen,  whom  I  did 
of^  see  there,  but  could  not  learn  tlieir  names. 
Idid  also  see  and  speak  with  sir  John  Cochran, 
but  he  and  T,  or  8  Scotchmen  more  (whose 
names  I  know  not)  went  two  days  after  my 
arrival  tbeie>  to  GiUetiattd,  where  a  great 

2  I 


463]     STATE  TRIALS,  35  Cm  A|tLB8  II.  i  6^S.^Iniri>dueii<m  io  the  Trttfb      (484 


.many  of  the  rebels. and' fugilires  live  (asthey^ 
tbiok)  most  safe  and  at  ease  amongst  the  boors ; 
ibr  they  were  afraid  of  staying  at  Utrecht  (as 
some  of  themselves  told  me^  by  reason  of  uie 
spies  that  thev  were  informea  were  sent  thither 
from  England  to  make  enquiry  after  such  of 
his  majesty's  subjects  as  uvea  there.  And 
Mr.  C<»cran  and  captain  Cldand  told  me  as 
their  friend,  that  the  report  amongst  our  coun- 
trymen was  that  I  likewise  was  sent  thither  as 
a  spy ;  which  although  they  did  not  believe, 
yet  they  advised  roe  to  be  ffone  away  privately, 
assuring  me  withal  that  I  was  every  hour  I 
•  stayed  tnere  in  hazard  of  losing  my  life.  Upon 
this  1  returned  to  Rotterdam,  where  my  credit 
with  that  party  continued  about  a  week,  until 
I  was  suspected  by  my  old  captain  and  3  of  the 
ministers,  viz.  Harroway,  Forrester  and  Sin- 
clair, who  about  7  or  8  weeks  ago,  carried  me 
with  them  to  church,  andthere  proposed(asatest 
.  of  my  sincerity  to  the  interest  of  the  good  cause 
as  it  was  commonly  called)  that  I  should  take 
the  covenant  and  the  sacrament  with  a  solemn 
protestation  that  I  am  still  (as  I  have  been  in 
furmei*  times)  an  enemy  to  the  king  and  the 
'present  government:  Ail  which  I  refused  to 
do ;  and  then  they  debarred  me  for  ever  from 
their  meetings  and  company :  Nevertheless  I 
did  often  thereafter  insinuate  myself  into  both, 
though  without  any  success ;  Air  1  could  not 
recover  their  good  opinion,  but  on  the  contrary 
was  daily  threatened  with  the  severest  effects  of 
iiieir  revenge.  Robert  SMrm. 

Whitehall,  Feb.  24, 1683-4. 


The  Information  of  ZACHARTAH  BOURNE, 
taken  the  5th  of  December,  1683. 

That  Mr.  Bayly  sat  up  one  night,  if  not  two, 
with  IVIr.  Ferguson,  and  went  several  times  in 
the  evening,  with  him  to  the  duke  of  Mon- 
mouth and  the  chief  managers  of  the  conspi- 
racy :  Ferguson  told  me,  he  was  the  chief  man 
for  the  Scots,  next  the  lortl  Argyle.  The  night 
he  sat  up  with  Ferguson,  1  believe  it  was  aTOUt 
the  declaration,  for  the  next  day  he  was  going  to 
shew  it  me,  but  seme  body  came  up  to  him,  and 
hindered  him.  Mr.  Bayly*s  great  business 
to  meet  the  chief  conspirators  was  (as  Fei^- 
8on  told  me)  to  get  10,000/.  for  the  buying  of 
arms,  for  the  insurrection  in  Scotland. 

(lastares  I  saw  often  come  to  Fei^sou,  but 
Ibr  any  discourse  he  had  with  him  he  never 
told  me  of,  or  with  any  other  but  Mr.  Bayly,  |s 
I  can  at  present  remember.       Zso^  Bourne. 

The  DEPOSITION  of  Mr.  WILLIAM  CAR- 
STARES,  when  he  was  examined  before 
the  Lords  of  Secret  Comknittee,  ffiven  in 
hy  him,  and  renewed  upon  0am,  upon 
the  22d  of  December,  1684,  in  presence 
of  the  Lords  of  his  Majesty's  Privy- 
Cvjuocil. 

Edinburgh-Castle,  Sept.  8, 1684. 
Mr.  Wiliian>  Castares  being  examined  upon 
•ath,  conform  to  the  condescension  given  in  by 
him,  and  on  the  terms  therein  mieatioiied,  de- 


pones, That  about  November  or  December, 
1682,  James  Stuart  brother  to  the  laird  of 
Cultiiess,  wrote  a  letter  to  him  from  Holland, 
importing,  that  if  any  considerable  sum  of 
money  could  be  procured  from  England,  thai 
sometniog  of  importance  might  be  done  in  Scot- 
land :  The  which  letter,  tlie  deponent  had  an 
inclination  to  inform  Shepard  in  Abb- Church- 
lane,  mei^iant  in  London,  of ;  but  before  he- 
could  do  it,  he  wrote  to  Mr.  Stuart  above  named, 
to  know  from  him  if  he  might  do  it ;  and  Mr. 
Stuart  having  consented,  he  communicated  tht 
sai(l  letter  to  Mr.  Shepard,  who  told  the  deponent 
that  he  would  communicate  the  contents  of  it 
to  some  persons  in  England ;  but  did  at  that 
time  name  nobody,  as  the  deponent  thinks: 
Some  time  thereafter,  Mr.  Shepard  told  Um 
deponent,  that  he  had  communicated  the  con- 
tents of  the  letter  above-named  tb  colonel  Sid- 
ney, and  that  colonel  Danvers  was  present,  and 
told  the  deponent,  that  colonel  Sidney  w«s 
averse  from  employing  the  late  earl  of  Argyle, 
or  meddling  witli  him,  judging  him  a  man  too 
much  aOc<^  to  the  ro^'al  lamily,  and  inclined 
to  the  present  church-goveiiiment ;  yet  Mr. 
Shepard  being  put  upon  it  by  the  deponent, 
still  urged,  that  one  might  be  sent  to  the  earl  of 
Ai^yle,  but  as  Mr.  Shepard  told  him,  he  was 
suspected  upon  the  account  of  his  ui^ng  so 
much ;  yet  afterwards  he  pressed,  without  the 
deponeuCs  knowledge,  that  the  deponent  being 
to  go  to  Holland  houever,  might  have  some 
commission  to  the  earl  of  Arsfyle,  which  he 
having  informed  the  deponent  of,  the  deponent 
told  him,  that  he  himself  would  not  be  con- 
cerned, but  if  they  would  send  another  he 
would  introduce  him ;  but  nothing  of  this  was 
done:  upon  which  Uie  deponent  went  over^ 
without  commission  fi'om  any  body,  to  Hol- 
land, never  meeting  with  James  Stturt  above 
named :  He  was  introduced  to  the  the  earl  of 
Argyle,  with  whom  he  had  never  before  con- 
versed ;  and  did  there  discourse  what  had  rast 
betwixt  ^Ir.  Shepard  and  him :  and  particular- 
ly, about  remitting  of  money  to  the  said  earl 
from  England ;  of  which,  the.said  Mr.  Stuart 
had  written  to  the  deponent,  namely  of  30,000^ 
sterling;  and  of  the  rising  of  1,000  horse  and 
.  dragoons ;  and  the  securing  the  castle  of  Edin- 
burgh, as  a  matter  of  the  greatest  importance : 
The  method  of  doins  this  was  proposed  by  the 
deponent,  to  be  one  nour,  or  thereby,  after  tlia 
relieving  of  the  guards :  But  the  earl  did  not 
relish  this  proposition,  as  dangerous ;  and  that 
the  castles  would  fall  of  consequence,  after  the 
work  abroad  was  done.  James  Stuart  was  of 
the  deponeut^s  opinion,  for  seizin?  the  castle  ; 
because  it  would  secure  Edinburgti,  the  magn- 
zines  and  arms.  As  to  the  1,000  horse  and 
dragoons,  my  lord  Argyle  was  of  opinion,  that 
without  them  nothing  was  to  be  done;  and 
that  if  that  number  was  raised  in  England  ta 
the  said  earl,  he  would  cx>me  into  Scotland  with 
them  ;  and  tliat  tliere  being  so  few  hocse  and 
dragoons  to  meet  them,  he  judged  he  might  got 
the  country  without  trouble,  having  such  a 
standing  body  for. their  ftibiids  to  cendezYomt 


4%S]       STATE  TRIALS  35  C&ABtu  IL  l6%S.-^f0t  the  RgeHaum  Pbi.       [€86 

to  ;  and  the  said  earl  said  he  ooutd  she#  the 
deponeDl  the  conTenient  places  for  laoding^,  if 
lie  understood,  and  as  the  deponent  remembers, 
where  the  ships  ooald  attend.    The  deponent 


remembers  not  the  names  of  the  phioes.     The 
deponent  spoke  to  the  lord  Stairs,  bat  cannot 
be  positive  that  he  named  the  affair  to  him,  but 
found  him  shy :    but  the  eari  of  Arg;^le  told 
him,  he  thonc^ht  Stairs  might  be  gamed  to 
them  :    And  that  the  earl  of  Lowdoun  being 
a  man  of  good  reason  and  disobliged,  would 
hare  great  iuflaence  upon  the  country,  and 
recommended  the  ^deponent  to  major  Holms, 
with  whom  the  deponent  had  some  acquaint- 
ance before,  and  had  brought  over  a  letter  from 
him  to  the  earl  of  Argyle;   but  the  depo-* 
neat  had  not  then  communicated  any  thing 
to  the  said  Hohus.    James  Stuart  laid  down  a 
way  of  correspondence  by  cyphers  and  false 
nanea,  and  sent  them  over  to  Holms,  and  the 
deponent,  £br  their  use  (which  cyphers  and 
names  are  now  in  the  hands  of  his  majesty's 
effieers,  as  the  deponent  supposes,)  and  did 
desire  the  deponent  earnestly  to  propose  the 
50,000/.  sterhne  above  named  to  the  party 
in  England,  and  did  not  propose  any  less ;  for 
as  the  earl  told  the  deponent,  he  had  particu- 
larly calculated  the  expence  for  arms,  ammu- 
nitioB,  6cc,  .  But  James  Stuart  said,  that  if 
aome  less  could  be  had,  the  earl  would  content 
himself,  if  better  might  not  be,  but  the  earl  al- 
ways said  that  there  was  nothing  to  be  done 
wimout  the  body  of  horse  and  dragoons  above 
aientioned  ;  During  the  time  of  me  deponent 
his  ahodein  Holland  though  he  had  several 
fetteia  from  Shepard,  yet  there  was  no  sa- 
tisfactory account,  till  some  time  after  the 
deponent  parted   irom    the  earl  of  Argyle, 
vidwas  making  for  a  ship  at  Rotterdam  to 
traospofft  himself  to  England.    James  Stuart 
wrote  tt>  him  that  there  wbs  hopes  of  the 
money.     The  next  day  afler  the  deponent 
came  to    England,   he  met  witli    sir  John 
Cochrao,  who  with  commissar  Monrp,  and 
Jerviswood,  was  at  London  before  he  came 
over';  and  depones.  That  he  knows  not  the  ac- 
eoont  of  their  coming,  more  than  for  the  per- 
footiag  the  transaction  about  Carolina :  and 
havmg  acqo^nted  sir  John  Cochran  with  the 
earl's  demands  of  the  30,000  pound  sterling, 
and  the  1,000  horse  and  dragoons,  sir  John 
euried  him  to  the  lord  Russel,  to  whom  the 
deponent  proposed  the  af&ir,  but  being  an  ab- 
solute stranger  to  the  deponent,  had  no  return 
Irom  him  at  that  time ;  but  afterwards  having 
net  him  accidentally  at  Mr.  Shepard's  house, 
where  the  ford  Russel  had  come  to  speak  to 
Sbepard  about  the  money  above-named,  as  Mr. 
ShqNurd  told  the  deponent.     The  deponent 
(w'hea  they  were  done  speaking)  desired  to 
mak  to  the  lord  Russel,  which  the  lord  Russel 
Old,  and  having  reiterated  the  former  proposi  ion 
for  the  30,000  pound  sterling,  and  the  1000 
hofse  and  dragoons,  be  the  lord  Russel  told 
the  deponent,  they  could  not   get  so  much 
raised  at  the  time,  but  if  they  had  10,000 
pwnd  to  h^D»  ^&t  Would  dravv  people  in,  and 


when  they  were  once  in,  they  would  soon  be 
brought  to  more ;  but  as  for  the  1,000  horse 
and  dragoons,  he  cauld  sav  nothing  at  the 
present,  for  that  behoved  to  he  concerted  upon 
the  borders.     The  deponent  made  the  same 
proposal  to  Mr.  Ferguson,  who  was  much«on- 
cemed  in  the  affair,  and  zealous  for  the  pro- 
moting of  it.    This  Mr.  Ferguson  had  in  43c  - 
tober  or  November  before,  as  the  deponent  re- 
members in  a  conversation  wi^  the  deponent 
in  Cheapside,  or  the  street  somewhere  there- 
about, said,  that  for  the  saving  of  innocent 
Mood,  it  would  be  necessary  to  cut  off  a  few, 
insinuating  the  king  and  duke,  but  cannot  be 
positive  whether  he  named  them  or  not;  tp 
which  the  deponent  said,  that's  work  for  our 
wild  people  in  Scotland,  my  conscience  does 
not  serve  me  for  such  things ;  after  whiclTthe 
deponent  had  never  any  particular  discoursa 
with  FmuBon  as  to  that  matter;  but  as  to  tho 
other  afliir,  Ferguson  told  the  deponent  that 
he  was  doing  what  he  could  to  get  it  efiec* 
tuate;  as  particularly  that  he  spoke  to  one 
major  Wilaman  who  is  not  of  the  deponent  hit 
acquaintance.    Fer^ison  blamed  always  Sid- 
ney, as  driving  designs  of  his  own.    The  de- 
ponent met  twice  or  thrice  with  the  lord  Melvil^ 
sir   John    Cochran,    Jerviswood,    commissar 
Monro,  the  two  Cessnocks,  Montgomery  of 
Langshaw,  and  one  Mr.  Veatch,  where  they 
discoursed  of  money  to  be  sent  to  Argile,  in 
order  to  the  carrying  on  tlie  affair ;  and  mougji 
he  cannot  be  positive  the  affSedr  was  named,  y^ 
it  was  understood  by  himself,  as  he  conceivea 
b^  all  present,  to  be  for  rising  in  arms,  for  «eo-^ 
tifying  tlie  governmeut.    Commissar  Monro^ 
lord  Melvil,  and  the   two    Cessnocks  were 
against  meddlmg  vrith  the  English,  because 
they  judged  tfien)  men  that  would  talk,  and 
would  not  do,  but  were  more  inclined  to  do 
something  by  themselves,  if  it  could  be  done. 
The  lord  Melvil  thought  ev^ery  thing  hasardous, 
and^  therefore  the  deponent  cannot  say  he  was 
positive  in  any  thing,  but  was  most  inclined  to 
have  the  duke  of  Monmouth  to  head  them  in 
Scotland,  of  which  no  particular  method  was 
laid  down.    Jerviswood,  the  deponent,  «nd  Mx; 
Veatch,  were  for  t^ing  the  money  ;  at  one  of 
these  meetings  it  Was  resolved,  that  Mr.  Mar- 
tin, late  clerk  of  the  justice  court,  should  be 
sent  to  Scotland  to  desire  their  friends  ^7  hinder 
the  country  from  rising  or  taking  a  rash  reso-* 
lutions  upon  the  account  of  the  council,  tiB 
they  should  see  how  matters  went  in. Eng- 
land.   The  said  Martin  did  go  at  the  charges 
of  the  gentlemen  of  the  meeting,  and  was  di- 
rected to  the  laird  of  Polwart  and  Torwoodhci 
who  sent  back  word,  that  it  would  not  be  found 
so  easy  a  matter  to  get  the  gentry  of  Scotland  to 
concur:  but  afterwards  in  a  letter  to  commissar 
Monro,  Palwart  wrote  that  the  country  waa 
readier  to  concur  than  they  had  imagined,  or 
something  to  that  purpose.    The  deponent,  as 
abovesaid,  having  brought  over  a  key  from  Hol« 
land,  to  serve  himself  and  major  Holms,  he  re* 
members  not  that  ever  he  had  an  exact  copy  of 
it,  but  that  sometimes  the  one,  and  sometimaa 


4871     STATE  TBIALSi,  SS.ClUftLM  IL  iMS^AirtMbcaNi  io  the  JHdi      (4M 

tke  other  kecped  it,  so  itcbaaeed  to  be  in  his  eos^ 
tody  when  a  letter  from  the  eari  of  Argile  came 
io  msuor  Holms,  iatiroaliiiff,  that  the  would  joia 
with  me  doke  of  Monmouw,  and  follow  his  mea- 
mires,  or  obey  his  direottons :  this  Mr.  Vcatch 
thought  fit  to  communicate  to  the  duke  of 
Moomouth,  and  for  the  understanding  of  it 
was  brought  to  the  deponent,  and  he  gave  the 
key  to  Mr.  Veatch,  wno  as  the  deponent  was 
inUMrmed  was  to  give  it  and  the  letter  to  Mr. 
Fefgusoo,  and  6e  to  shew  it  to  the  duke  of 
Monmouth ;  but  what  was  done  in  it  the  depo- 
nent knows  not.  Hie  deponent  heard  the  de- 
il(^  of  killing  the  king  and  duke,  from  Mr. 
8bepard,  who  told  the  deponent  some  were 
full  upon  it.  The  deponent  heard  that  Aaron 
8mith  was  senttiy  those  in  England  to  caU  sir 
John  Cochran,  on  the  account  of  Carolina,  but 
that  he  does  not  know  Aaron  Smith,  ndr  any 
more  of  that  matter,  not  being  concerned  in  it. 
fihefmrd  named  young  Hambden  frequently  as 
concerned  in  these  matters. 


Signed  at  Edinburgh  Castle,  the  8th  of  Sep- 
tember, 1684,  and  renowed  the  18th  of  tlie 
same  month. 

William  Carstares. 
Perth.  Cancell.  I.  P.  D, 

Ediksurgu  Castle,  Sept,  18,  1634. 

Mr.  William  Carstares  bemg  a^in  exa- 
mined, adheres  to  his  former  deposition,  in  all 
the  parts  of  it,  and  depones  he  knows  of  no 
correspondence  betwixt  Scotland  and  England, 
except  by  Martin  before-named :  for  those 
ipentlemen  to  whom  he  was  sent,  were  left  to 
ioUotv  their  own  methods.  Veatch,  as  the  de- 
ponent remembers,  stayed  sometimes  at  Ni- 
cholson, stabler's  house  at  Londob-Wall ;  some- 
times with  one  Widow  Hardcastle  in  More- 
fields.  The  deponent  did  communicate  the 
design  on  foot  to  doctor  Owen,  Mr.  Griifii,  and 
Mr.  Meed  at  Stepney,  who  all  concHrrrd  in 
the  promoting  of  it,  and  were  desirous  it  should 
take  effect ;  and  to  one  Mr.  Freth  in  the  Temple, 
counsellor  at  law,  who  said  he  would  see  what 
be  could  do  in  reference  to  the  money,  but 
there  having  gone  a  report,  that  there  was  no 
money  to  be  raised,  he  did  nothing  in  it,  nor 
does  the  de^ionent  think  him  any  more  con- 
cerned ih  the  aifair.  Nelthrop  frecjuently  spoke 
to  the  deponent  of  the  money  to  be  sent  to  Ar- 
gile, whether  it  was  got  or  not,  but  the  depo- 
nent used  no  freedom  with  him  in  the  affair. 
Goodenough  did  insinuate  once,  that  the  lords 
were  not  inclined  to  the  thing,  and  that  before 
they  would  see  what  they  could  do  in  the  city. 
The  deponent  saw  Mr.  Ferflruson,  and  Mr. 
Rumsay,  lurking  afler  the  plot  broke  out,  be- 
fore the  proclamation,  having  gone  to  Fer- 
guson, in  the  beak  of  Binhopgate-street,  at 
some  new  building,  whether  be  was  directed  by 
Jcrriswood,  who  was  desirous  to  know  how 
things  went,  Rumsay  was  not  of  the  deponent 
his  acquaintance  before,  but  they  knew  as  little 
Ctf  the  matter  as  the  deponent.  This  is  what 
the  depoMut  remembers,  aDd  if  any  thing  come 


to  faia  acmory,  he  if  to  deliver  it  in  betvrfxt, 
and  thtf  first  or  October :  md  Ibis  is  llie  tmth^ 
as  he  ahall  answer  to  God. 

Wnxuv  CAnsTAftCfl. 
PSBTH.  Caneell.  1.  P.  D. 

At  Edinburgh,  the  SSd  of  December,  1064. 

These  foregomg  pages,  subscribed  by  Mr. 
William  Carstares  deponent,  and  by  the  lord 
chancellor,  were  acknowledged  on  oath  by 
the  said  Mr.  William  Carstares,  to  be  his  irvm 
depositions,  and  that  die  subscriptions  were  hii^ 
in  presence  of  us  underscribers. 

WU.LIAM  CaBSTjIRBS. 

Perth,  Canc. 
Darid  Falconer.  UuENsasuty. 

George  Mckenzie.  Athol. 


Copy  of  the  Lord  RUSSEL'S  EXAMINA^ 
TION  in  the  Tower. 

My  Lord  Ruasel  asked. 

Whether  he  knows  of  any  consultation* 
tending  towards  an  insurrection,  or  io  sarprixe 
bis  majesty's  guards  at  any  time,  aiid  by  any 
persons,  and  by  whom  P 

Whether  he  hath  ever  been  at  Mr.  Shepard'f 
bouse,  and  how  often,  and  when  last? 

Whether  any  lords  were  in  company,  and 
who? 

Whether  at  any  time  the  dukeof  Monnumth, 
brd  Grey,  sir  Thomas  ArmstroDg,  colonel 
Romzey,  Mr.  Ferguson,  or  any  of  uem  wcra 
there,  and  bow  many,  and  whbh  of  them  ? 

Whether  there  was  any  discourae  concern* 
ing  a  rising  in  the  West,  or  any  parts  of  the 
West,  or  at  Taunton,  and  what  the  disooursa 
was,  and  by  wboip  ? 

Whether  tliere  was  any  discourse  eonoem* 
ing  the  surprizing  tlie  King's  Guards  at  any 
time  ? 

Whether  the  duk^  of  Monmouthi  the  lord 
tjrey,  and  sir  Thomas  Armstrong  did  under* 
take  to  view  tlie  Guards  to  see  if  it  might  be 
done,  and  io  what  posture  they  were  ? 

Whether  tbey  gave  any  account  that  they 
had  viewed  the  Guards,  find  Ih»w  tbey  finuid 
them  ? 

What  did  Mr.  Ferguson  sav  at  any  of  tboea 
meetings,  and  by  whoo^  was  ne  directed  ? 

W  hether  he  knows  pf  any  design  for  a  rising . 
in  Scotland?  Whether  he  v  bath  been  at  any 
consultations  for  that  end,  with  any  Mraons, 
Scotchmen  or  others,  and  witti  whom  P  What 
monies  the  Scotch  demanded  at  ^rat,  and 
tvhether  they  did  pot  consent  to  take  10,00(U. 
and  bow  was  that  or  any  pact  ^  that  to  bn 
faised,  and  by^whom  P 

My  Lord  RU8S£L>S  ANSWER  ta  tii^  pr^ 
ceding  Interrgigatoiiea : 

My  lord  knows  of  no  consnltaticm  lending  I9 
any  insurrection. 

His  lordship  knows  nothing  of  any  conank^ 
ation  or  design  to  surjnrize  bis  m^eaty's 
Guards  at  any  time. 

8 


M9]      STATE  TU AL$p  35  CttAftfiVS  11.  l  Sa3.-:/br  Kt  1^^  Hme  Phi.       [49t 

left  BO  p«|Mn  in  Ims  boa«e  and  used  0  «if  iit 
would  never  he  haBgped  forpopera. 

8hepord  sayt,  B«vl^  told  him  Charlton  hai 
undertaken  to  miie  the  whole  10,000/. 

Romzeysayti,  The  lord  Busiel  was  ahoul 
going  away  from  S^hepard's  when  be  arriTett 
mere,  and  that  his  lordship  said  Trenchard  waa 
a  ooward,  and  that  he  would  go  down  himself 
and  begin  the  rising. 

Charlton  oonfesws,  He  had  paid  Gates  80/. 
per  quarter  lor  his  subsisienoe,  of  which  he  had 
hut  10/.  of  my  lord  Salisbury,  and  was  him- 
self the  rest  out  of  purse,  but  that  ho  waslefal 
a  parliament  would  rehnburse  him. 

ohephard  says,  That  Ferguson  and  Bayl]p  ^ 
told  him  that  Charlton  would  procure  the  ^ 
10,000/.  himself,  and  raise  it  upon  a  mortgage. 

Charlton  further  says.  He  paid  Oates  about 
400/.  in  all. 


lip  doHh  acknowMffe  to  bave  heoi 
fieqnentiy  [Awen  times]  at  Mr.  Shepai|d'i 
house. 

His  kirdship  oannot  precisely  set  down]  the 
time  that  he  was  there  last 

To  the  two  articles  relating  to  the  Lords 
that  were  in  company  at  Mr.  Shepard's,  his 
lordshy)  answers  that  he  went  thither  with  the 
duke  of  Monmouth  ;  but  as  to  the  rest  of  the 
persons  then  present,  his  lordship  conoeiTes 
thai  he  ought  not  to  answer,  becauae  there 
were  ill  constmcdons  made  of  thai  meeting, 
nor  cannot  positrrely  remember. 

His  lordship  answers, 

There  was  no  discoorae  as  he  remembers 
ooBceming  any  rising  in  the  west,  or  any  parts 
of  the  west,  or  at  Taunton,  nor  particularly  ofMr. 
John  Treochard's  undertaking,nor  any  discourse 
■bout  Mr.  John  Trenchard  as  he  remembers. . 

His  lordship  answers  there  was  no  discourse 
at  Mr  Shepard's  about  surprizing  the  Guards, 
■or  of  the  duke  of  Monmouth^s,  my  lord 
Orey*s,  nor  of  sir  Thomas  Armstrong's  under- 
taking' to  view  the  Guards;  nor  was  them 
fay  account  there  giTca  by  the  said  persons  of 
tfatfir  hanng  riewed  the  Guards,  nor  bow  they 
Ibcmd  thens. 

Nor  was  there  any  iuch  undertaking  else- 
where to  his  knowloj^. 

To  the  ouestion  wluit  Mr.  Ferguson  did  say 
alany  of  tnose  meetings,  bis  lordship  answers 
that  ne  cannot  tell  what  Mr.  Ferguson  did  say 
there,  nor  doth  be  own  that  Mr.  Ferguson  was 
there. 

His  kMtlship  knows  of  no  design  for  a  nstng 
m  Scothmd,  nor  knows  any  thing  of  the  whole 
article  relating  to  Scothmd,  nor  any  part  of  it 

Hb  lordship  batii  heard  general  discourses 
•f  many  distressed  people,  ministers  and  others 
of  the  Scottish  nation  that  were  fled  and  that 
it  were  great  charity  to  relieve  them. 

This  examination  was  taken  the  28th  day 
of  June,  1683,  before  us. 

L.  Jbnkins,  J.  Ernls, 
It.  Sawyer,  H.  Fwch. 

Notes  of  some  thing*  confessed  before  his 
Majesty  and  the  Council,  taken  out  of  the 
Books  of  Minutes. 

r 

John  Rouse  confessed  that  money  was  ool- 
kded  in  the  city  at  the  intimation  or  desire  of 
some  parliament  men,  for  the  Idng^  evidence, 
that  recdving  that  money  for  that  purpose 
from  some  of  them  he  sent  it  to  those  persons 
for  whom  it  was  designed. 

Boam  confesses.  That  sir  Thomas  Arm- 
strong used  to  come  every  day  to  Ferguson 
when  he  lay  at  hi^  house,  that  he  has  seen  him 
since  the  discorerv  when  Armstrong-urged  him 
to  cet  some  ft4endfs  together  to  make  a  push 
and  that  it  was  better  to  die  with  swords  in 
their  hands. 

Waleof  confesses,  Tha(  Aaron  Smith  was 
Mtttt  into  Scotland  by  those  gentlemen  that 
tmnsacted  the  matter. 

Bourn  says,  That  Ferguson  lodged  at  his 
Mmt's  bMwen  mwithor  aixvreeki,  that  ha 


The  INFORMATION  of  JOHN  ROUSE, 
taken  at  his  desire,  in  Newgate  the  19tti 
of  July,  1683. 

The  informant  saith,  That  the  design  of  the 
rebellion  and  seizing  the.  king  was  begun  by 
the  earl  of  Shaftsbur^  at  his  house  in  Aldmgate* 
street,  before  the  meetinkr  of  the  parliament  at 
Oxford,  where  the  dnke  of  Monmouth,  sir 
Thomas  Armstrong,  lord  Russel,  lord  Grey^ 
m^ior  Manly  a  Iwewer  at  Whitechapel,  and 
others  whom  he  saw  there*  and  as  he  was  told 
likewise  by  his  servants,  frequently  met  there  ; 
the  foundation  of  all  the  scurrilous  libels  was 
laid,  particularly  that  of  the  Raree-shew. 

That  all  those  clubs  at  Mile-end  green,  the 
Sun  behind  the  Exchange,  at  RussdPs  in  Iron«* 
Monger-lane,  and  at  the  Salutation  in  Lombard* 
street  were  to  carry  on  that  de^gn,  he  cannot  re** 
collect  all  names,  but  declares  mat  he  l^nows  all 
those  of  noto  that  were  at  those  clubs  wem 
thoroughly  aoc[uainted  with  the  design.  Thesn 
dubs  were  divided  into  three  factions,  by 
reason  of  which  division  tlie  informant  saitn 
the  design  went  on  so  slow  as  it  did,  and  4it 
last  it  fiul  between  the  duke  of  Monmouth,  and 
a  commonwealth;  and  the  greater  number 
carried  it  for  the  duke  of  Monmouth,  because 
it  was  found  upon  his  going  into  the  West,  Chi-^ 
Chester  and  Cheshire,  the  vogue  of  the  people 
went  for  him.  Those  that  were  for  a  common- 
wealth were  absolutely  resolved  to  have  nothing 
to  do  with  the  race  of  the  Stuarts  ;  but  they 
pitched  upon  Richard  Cromwell,  whom  this 
mformant  Knows  to  be  in  England.  The  longest 
day  that  was  appointed  for  execution  of  this 
was  at  Midsummer-day  last,  when  the  people 
should  be  at  Guild-hall  choosing  sherifTs. 

Five  hundred  horse  were  promised  to  be 
sent  in  from  the  country,  who  were  to  beize 
the  Guards. 

The  pretence  of  the  conspirators  was  to 
secure  his  majesty  irom  being  killed  by  the 
papists,  that  if  he  would  not  comply  with  his 
parliament  at  Oxford,  then  to  set  up  the  duke 
of  ftlonmotttb.  That  this  was  long  designed 
likewise  before  the  meeting  at  Oxford. 


4911      STATE  TRIALS,  35  Charlks  II.  1683^/iieroAicftMi  U  ike 


[49t 


The  informabt  saith,  That  it  was  i«8olTed 
by  the  coDspirators,  that  when  they  should 
have  accomplished  their  design,  and-  that  the 
Tower  and  city  of  London  was  seized,  then 
tbe^  were  to  go  to  Whitehall  and  demand 
their  privil^es,  and  freedoms,  with  their 
swords  in  their  hands. 

He  hath  been  jiresent  at  many  of  these 
cluhs  where  these  designs  -have  been  consulted' 
of,  and  all  the  persons  of  any  note,  Commons 
as  well  as  Lords  were  consenting  to  the  con< 
S]jiracy ;  he  saith  he  can  prove  it  by  many 
witnesses. 

He  saith  my  lord  Shaftsbury  and  Oates 
were  the  principal  movers  in  all  this  business. 


The  story  of  this  Plot,  or  rather  perhaps  of 
these  Plots  (for  the  alleged  desi^  of  assassi- 
nation seems  to  be  suffioently  distinguishable 
from  that  of  insurrection)  like  that  of  the  Po- 
•ish  Plot  (see  vol.  6,  p.  1401,  of  this  Collec- 
uon)  has  not  escaped  the  imputation  of  fabrica- 
^on.  Burnet's  account  of  tnese  Plots  is  pretty 
circumstantial  as  follows : 

<<  Thus  affairs  were  ffoing  on  all  the  year 
eighty-two,  and  to  the  beginning  of  eighty- 
three.    The  earl  of  Shaftsbory  bad  been  for 
making  use  of  the  heat  the  dtj  was  in  during 
die  contest  about  the  sherifis,  and  thought  diey 
Slight  have  created  a  great  distnrbamse,  and 
mAe  themselves  masters  of  the  Tower :  and 
he  believed,  the  first  appearance  of  the  least 
disorder  would  have  prevailed  on  the  king  to 
jrield  every  thing.    The  duke  of  Monmouth, 
who  understood  what  a  rabble  was  and  what 
troops  were,  looked  on   this  as  a  mad  ez- 
MNUDg  of  themselves  and  of  their  friends.    The 
iQfds  Essex  and  Russel  were  of  the  same 
mind.    So  lord  Shafisbury,  seeing  they  could 
not  be  engaged  into  action.  Hew  out  against 
^em.    He  said,  the  duke  of  Monmouth  was 
sent  into  the  paily  by  the  king  for  this  end,  to 
keep  all  things  quiet  till  the  court  had  gained 
its  point :  He  said,  lord  Essex  had  also  made 
his hargain,  and  was  to  go  to  Ireland ;  and  tbat 
among  them  lord  Russel  was  deceived.    With 
this  he  endeavoured  to  blast  them  in  the  city  : 
they  studied  to  prevent  the  ill  effects  that  ^ose 
jealousies  which  he  was  infusing  into  the  citi- 
zens might  have  among  them.    So  the  duke 
•f  Monmouth  gave  an  appointment  to  lord 
Shafbbury  or  some  of  his  inends  to  meet  him, 
and  some  others  that  he  should  bring  along 
with  him,  at  Shepherd's,  a  wine  merchant  in 
whom  they  had  an  entire  confidence.    The 
night  before  this  appointment  lord  Russel  came 
to  town  on  account  of  his  uncle's  illness.    The 
duke  of  Monmquth  went  to  him,  and  told  him 
of  the  appointment,  and  desired  he  would  go 
thither  with  him:  He  consented,  the  rather 
because  he  intended  to  taste  some  of  that  mer- 
chant's wine.    At  night  they  went  with  lord 
Grey  and  sir  Thomas  Armstrong.    When  thev 
came,  they  found  none  there  but  Rumaey  and 
FerguMni}  two  of  lord  Sbaftabury's  toou  tbat 


he  employed  :  upon  which,  thcr^  seeing  no 
better  company  resolved  immemately  to  go 
back.    But  lord  Russel  called  for  a  taste  of 
the  wines:  and  while  they  were  bringing  it 
him  up,  Rumsey  and  Armstrong  fell  into  a 
discourse  of  surprising  the  Guards.    Jlumaey 
fancied  it  might  h^ve  been  easily  done :  Arm- 
strong, that  had  commanded  them,  diewed 
him  nis  mistakes.    This  was  no  consiiltatioii 
about  what  was  to  be  done,  but  only  aboui 
what  might  have  been  done.    Lord  Russel 
spoke  nothing  upon  /the  subject :  but  as  soon 
as  he  had  tasted  his  wines  they  went  away.   It 
may  seem,  that  this  is  too  light  a  passage  to  b< 
told  so  oopiously:   but  much  depends  on  it. 
Lord  Sbansbury  had  one  meeting  with  tho 
earls  of  Essex  and-  Salisbury  bdfore  he  went 
out  of  England.    Fear,  anger,  and  disappoint- 
ment, had  wrought  so  much  on  him,  that  lord 
Essex  told  me  he  was  much  broken  in  his 
thoughts :  his  notions  were  wild  and  imprac* 
ticable :  and  he  was  glad  that  he  was  gone 
out  of  England :  but  said,  that  he  had  done 
them  aheady  a  great  deal  of  mischief,  and 
would  have  done  more  if  he  had  stakl.    As 
soon  as  he  was  gone,  the  lords  and  all  tha 
chief  men  of  the  partv  saw  their  danger  from 
forward  sheriffs,   willing  juries,    mercenary 
judges,  and  bold  witnesses.    So  ittey  resolved 
to  go  home,  and  be  silent,  to  speak  and  to  med- 
dle as  little  as  might  be  in  public  business,  and 
to  let  the  present  iU-temper  the  nation  was 
fiillen  into  wear  out:  for  they  did  not  doubt 
but  the  court,  especially  as  it  was  now  managed 
by  the  duke,  would  soon  bring  the  nation  again 
into  its  wits  by  their  ill  ^conduct  and  proceed- 
ings.   All  that  was  to  be  done  was,  to  keep 
up  as  much  as  they  could  a  good  spirit  with 
relation  to  elections  of  parliament,  if  one  should 
be  called. 

Monmouth  and  some  others  meet  often  together, 

*'  The  duke  of  Monmouth  resolved  to  be  ad« 
vised  chiefly  by  lord  Essex.  He  would  not  h% 
alone  in  that,  but  named  lord  Russel,  against 
whom  no  objection  could  lie :  and  next  to  him 
he  named  Algemoon  Sidney,  brother  to  the 
earl  of  Leicester,  a  man  of  most  extraordinary 
courage,  a  steady  man,  even  to  obstinacy,  sin- 
cere, but  of  a  rough  and  boisterous  temper 
that  could  not  bear  contradiction.  He  seemed 
to  be  a  Christian,  but  in  a  particular  form  a€ 
bis  own :  he  thought,  it  was  to  be  like  a  divine 
philosophy  in  the  mind :  but  he  was  against 
all  public  worship,  and  e^ery  thing  that  looked 
like  a  church.  He  was  stilf  to  ail  republican 
principles ;  and  such  an  ^emy  to  every  thins 
that  looked  like  monarchy,  that  he  set  himself 
in  a  high  opposition  against  Cromwell  when 
he  was  made  Protector.  He  had  studied  the 
history  of  government  in  all  its  branches  be- 
yond any  roan  I  ever  knew.  He  was  ambas* 
sador  in  Denmark  at  the  time  of  the  Restora- 
tiott,  but  did  not  come  back  till  the  yeaa 
seventy-eight,  when  the  parliament  was  prea»- 
ing  the  kii%  into  a  war.  Thecourt  of  France 
obtained  lesye  for  him  to  icfciuai.    He  did  lOI 


493]      STATE  TRIALS^  35  CHAttBS  11.  l6SZ.^or  the  Rye^Baitae  PM.      [494 

and  by  the  confidenoe  be  knew  they  had  all  ia 
him,  made  him  turn  his  thoughts  much  io- 
wards  that  kingdom  as  the  properest  scene  of 
action.  He  mid  met  often  with  lord  Argil* 
while  he  was  in  London,  and  had  many  con- 
ferences with  him  of  the  state  of  that  kingdom, 
and  of  what  might  he  done  there:  and  he 
thought  the  business  of  Carolina  was  a  very 
proper  blind  to  bring  up  some  of  the  Scotch 
gentlemen  under  the  appearance  of  treating 
about  that.  They  upon  this  agreed  to  send 
one  Aaron  Smith  to  Scotland,  to  desire  that 
some  men  of  absolute  confidence  might  be  sent 
up  for  that  end.  So  when  the  Proclamatioa 
that  was  formerly  mentioned  was  published,  it 
spread  such  an  nnifersal  apprehension  through 
all  the  suspected  counties,  that  they  looked  on 
themselves  as  marked  out  to  destruction :  and 
it  is  very  natural  for  the  people  under  such  im- 
pressions to  set  themselves  to  lode  out  for  re- 
medies as  soon  as  they  can. 

^<  In  the  beginning  of  April  some  of  them 
came  up.  The  person  that  was  most  entirely 
trusted,  and  to  wnom  the  journey  proved  tataf^ 
was  Baillie,  of  whose  unjust  treatment  upon 
Carstairs's  information  an  account  Was  fer- 
ra^r^y  gi^en-  He  was  my  cousin  german: 
so  I  knew  him  well.  He  was  in  ^e  Presby« 
terian  principles,  but  was  a  man  of  great  piety 
and  virtue,  learned  in  the  law,  in  mathematics, 
and  in  knguages:  I  went  to  him,  as  soon  as  I 
heard  he  was  come,  in  ereat  simplicity  of 
heart,  thinking  of  nothing  but  of  Carolina.  I 
was  only  airaid  they  might  go  too  much  into 
the  company  of  the  Bnglish,  and  ^ve  true  re- 
pretentations  of  the  state  of  affairs  m  Scotland:, 
this  might  be  reported  about  by  men  that  would 
name  niem:  and  that  might  bring  them' into 
trouble.  But  a  few  weeks  afler  I  found  they 
came  not  to  me  as  they  were  wont  to  do :  and 
I  heard  they  were  often  with  lord  Russel.  I 
was  apprehensive  of  this:  and  lord  Essex  be- 
ing in  the  country,  I  went  to  him,  to  warn  him 
of  the  danger  I  feared  lord  Russel  might  be 
brought  into  by  this  conversation  witli  my 
countrymen.    He  diverted  me  from  all  mv  an- 


lie  could  to  divert  neople  from  that  war :  so 
,tbat  some  took  him  ror  a  pensioner  of  Pranee : 
but  to  those  to  whom  he  durst  speak  freely  he 
said,  be  knew  it  was  all  a  juggle ;  that  our 
csourt  was  in  an  entire  confidence  with  France, 
and  had  no  other  design  in  this  shew  of  a  war 
but  to  raise  an  army,  and  keep  it  beyond  sea 
till  it  was  trained  and  modelled.  Sidney  had  a 
particular  way  of  insinuating  himself  into  peo- 
ple that  wouliol  hearken  to  his  notions,  and  not 
contradict  him.  He  tried  me :  but  I  was  not 
80  subnussive  a  hearer :  so  we  lived  aHerwards 
at  a  great  distance.  He  wrought  himself  into 
lord  Essex's  confidence  to  such  a  d^^'ee,  that 
he  became  the  master  of  his  spirit,  lie  had  a 
great  kindness  for  lord  Howard,  as  was  Ibr- 
meriy  told :  for  that  lord  hated  both  the  king 
.and  monarchy  as  much  as  he  himself  did.  .He 
]»revailed  on  lord  Essex  to  take  lord  Howard 
mto  their  secrets,  though  lord  Essex  had  ex- 
pressed such  an  Ul  opinion  of  him  a  little  before 
to  noe,  as  to  say  he  wondered  how  any  man 
irmild  trust  himself  alone  with  him.  Lord 
Russd,  though  his  cousin  german,  had  the 
same  ill  opinion  of  him.  Yet  Sidney  overcame 
both  their  aversions.  Lord  Howard  had  made 
*  the  diike  of  Monmouth  enter  into  confidence 
with  Sidney,  who  used  to  speak  very  slightly 
of  him,  and  to  say,  it  was  all  one  to  him  whe- 
ther James  duke  of  York  or  James  duke  of 
Monmouth  was  to  suopeed.  Yet  lord  Howard 
pefhaps  put  a  notion  into  him,  which  he  offered 
joAcd  to  me,  that  a  prince  who  knew  there  was 
a£aw  in  his  title  would  always  govern  weU, 
ttid  consider  himself  as  at  the  mercy  of  the 
right  heir  if  be,  was  not  in  all  things  in  the  in- 
terests and  hearts  of  his  people,  which  was 
fliien  neglected  by  princes  that  relied  on  an 
undoubted  title.  Lord  Howard  by  a  trick  put 
both  on  the  duke  of  Monmouth,  and  Sidney, 
brou^^  them  to  be  acquainted.  He  told  Sid- 
ney that  the  duke  of  Monmouth  was  resolved 
to  come  some  day  alone  and  dine  with  him : 
and  he  made  the  duke  of  Monmouth  believe 
that  Sidney  desired  this,  that  so  he  might  not 
seem  to  come  and  -court  the  duke  of  Mon- 
mouth :  and  said  that  some  regard  was  to  be 
bad  to  his  temper  and  age.  Hampden  was  also 
taken  into  their  secret :  he  was  the  grandson 
4if  him  thathad^leaded  the  cause  of  England  in 
the  point  of  the  ship-money  with  king  Charles 
the  First.  ,  His  father  was  a  very  eminent  man, 
and  had  been  zealous  in  the  exclusion :  he  was 
.a  young  roan  of  great  parts ;  one  of  the  learn- 
edest  gentlemen  J  have  ever  known ;  for  he 
was  a  critic  both  in  Latin,  Greek,  and  Hebrew : 
ha  was  a  man  of, great  heat  and  vivacity,  but 
too  unequal  in  his  temper :  he  had  once  great 
principles  of  religion :  but  he  was  much  cor- 
rupted by  P.  Simon's  conversation  at  Paris. 

Tkofjtreat  with  some  of  the  Scottish  Nation, 

'<  With  these  men  the  duke  of  Monmouth 
met  often.  His  interest  in  Scotland,  both  by 
the  dependance  that  his  wife's  great  estate 
brought  him,  but  chiefly  by  the  knowled^^e  he 
had  of  their  affairs  while  he  waa  among  ttiem, 


countrymen,  ne  oivenea  me  irom  ail  my  ap 
prehensions ;  and  told  me,  I  mi^ht  depend  on 
It,  lord  Russel  would  be  in  nothing  without 
acquainting  him  :  and  he  seemed  to  agree  en- 
tirely with  me,  that  a  rising  in  the  state  in 
which  things  were  then  would  be  &tal.  I  si- 
ways  said,  that  when  the  root  of  the  constitu- 
tion was  struck  at  to  be  overturned,  then  I 
thought  subjects' might  defend  themselves:  but 
I  thought  jealousies  and  fears,  and  particular 
acts  of  injustice,  could  not  warrant  this.  He 
did  a^ee  with  me  in  this :  he  thoujg^ht,  the  ob- 
ligation between  prince  and  subject  was  sq 
equally  mutual,  that  upon  a  breach  on  the  one 
side  the  other  was  free :  but  tbong^h  he  thought 
the  late  injustice  in  London,  and  the  end  ^at 
was  driven  at  by  it,  did  set  them  at  liberty  to 
look  to  themselves,  yet  be  confessed  things 
were  not  ripe  enough  yet,  and  that  ah  ill  laid  ' 
and  an  ill  managd  rising  would  be  our  ruin. 
I  was  then  newly  come  from  writing  my  His- 
tory of  the  Reformation ;  and  did  so  evideBtli 


495]     STATE  TRIALS,  35  Chables  II.  l6ns.^tntrediic(im  to  ths  TriiJs     [496 

which  he  e^  a  place:  and  he  bad  supplied  him- 
self to  loru  ShaRsbury  aa  his  patron.  He  waa 
much  trusted  by  him,  and  sent  (rf\en  abont  oH 
messages.  Onoe  or  twice  ho  came  to  k>rd  Rns* 
sel,  but  it  was  upon  indificrent  things.  Lord 
Russel  said  to  me,  that  at  that  very  time  he 
felt  such  a  secret  aversioD  to  him,  that  be  woa 
in  no  danger  of  trusting  him  much.  He  was 
one  of  the  boM  talkers,  and  kept  chiefly  among^ 
lord  l^haAsbory's  creatures.  He  was  upon  al 
the  secret  of  bis  going  beyond  sea ;  which 
seemed  to  shew,  that  he  was  not  then  a  spy  of 
the  court's,  which  some  suspected  be  was  aft 
along.  Perguaon  was  a  hot  and  a  bold  man^ 
whose  spirit  was  naturally  turned  to  pktdng  : 
he  was  always  unquiet,  and  setting  people  on  t* 
some  misd^ief :  1  knew  a  prifate  thing  ofhifB, 
by  which  it  appeared  he  was  a  profligate  knare 
and  could  cheat  those  that  trusted  him  entirely : 
i^tbough  he,  bekig  a  ScdAish  man,  to«^  all  the 
wa^jrv  he  could  to  'be  admitfad  into  some  ae*- 
qnaintanee  with  me,  I  woold  never  see  him,  or 
speak  with  him  :  and  I  did  not  knew  his  face 
till  the  ravohrilMl :  he  was  caat  out  by  the 
Presbyterians ;  and  then  went  among  the  In- 
dependents, where  his  boldness  raised  him  to 
some  figure,  though  he  was  at  botfom  a  very 
empty  man :  he  had  die  management  of  m 
secret  press,  and  of  a  parse  that  mainfained  it  i 
and  he  ^re  about  most  of  the  pamphlets  writ 
of  that  side  :  and  with  some  he  past  for  tfata 
author  of  them  ;  and  siicfa  was  his  "vanity,  be* 
catfse  this  made  him  more  considerable,  thai  he 
was  not  ill  pleased  to  have  that  believed ;  tboaglk 
it  only  expored  him  so  much  the  more.  Wttb 
these  Goodenougb,  who  had  been  under-sheriffii 
of  London  in  Bethel's  year,  and  one  Ho^way 
of  Bristol  met  ofiten,  and  bad  a  great  deal  oC 
rambling  discourse,  to  sitew  how  easy  a  thing  it 
was  of  the  sudden  to  raise  4,000  men  in  the 
city.  Ooodenottgh  by  reason  ^  of  his  office 
knew  the  city  well,  and  pretended  -he  knew 
many  men  ofso  much  credit  in  every  oonisr 
of  it,  and  on  whom  they  might  depend,  as  conM 
raise  that  number,  which  he  reckoned  would 
({uickly  g^wmuch stro<iger  :  and  it  isrprobe- 
ble,  this  was  the  scheme  with  which  tord  ohafta- 
bury  was  so  possessed,  that  he  thought  it 
might  be  depended  on.  They  had  many  die- 
coui*sea  of  the  heads  of  a  declaration  proper  Ihr 
such  a  rising,  and  disputedof  these  with  mneii 
subtilty  as  they  thought :  and  they  intended 
to  sena  Hollo  way  to  Bristol,  to  try  what  could 
be  done  there  at  the  same  time.  But  all  this 
was  only  talk,  and  went  no  further  than  to  a. 
few  of  their  onn  confidents.  Rumsey,  Fei^- 
giison,  and  West  were  of^n  talking  of  die 
danger  of  executing  this,  and  thoit  the  sdiorler 
and  surer  way  was  to  kiH  the  two  brothers. 
One  Kmnbolfl,  who  had  served  in  Cromwell^ 
army,  came  twice  among  them  ;  and  while 
they  were  in  that  wicked  discourse,  which  they 
expressed  by  tbe  term  lopping.  He  upon  that 
told  Ihem,  he  had  a  fiirm  near  Hpdsden  in  the 
way  to  New-Market :  and  there  was  a  moat 
cast  round  his  house,  tilrough  which  the  kine 
somctifliiespastin  his  way  thither.    Heaaid» 


iee,  that  tlie  struggle  for  lady  Jane  Grey,  and 
Wyat's  rising,  was  that  which  tbrew  the  na- 
tion so  quick  y  into  popery  afYer  king  Edward's 
days,  (for  such  as  had  rendered  themselves 
obnoxious  in  those  matters  saw  no  other  way 
to  secure  themselves,  and  found  their  turning 
was  a  sure  one),  tbat  I  was  now  yer\  appre- 
hensive of  Ihis ;  besides  that  I  thougnt  it  was 
yet  unlawful.  What  past  between  the  Scots 
ted  the  English  lords  I  know  not ;  only  that 
lord  Ai^yle,  who  was  then  in  Holland,  asked 
at  first  20,000/.  for  buying  a  stock  of  arms 
and  ammunition,  which  he  afterwards  brought 
down  to  8,000/.  and  1,000  horse  to  be  sent  into 
Scotland:  upon  which  he  undertook  the 'con- 
duct of  tbat  matter.  I  know  no  further  than 
Sineral  hints  of  their  matters:  for  though 
ampden  offered  frequently  to  ^ive  me  a  parti- 
cular account  of  it  all,  knowing  that  I  was 
writing  the  history  of  that  time,  yet  I  told  him, 
that  tiu  by  an  indemnity  that  whole  matter  was 
buried  I  would  know  none  of  those  secrets, 
which  I  might  be  obliged  to  reveal,  or  to  lie 
and  deny  my  knowledge  of  them :  so  to  avoid 
that  I  put  it  off  at  that  time.  And  when  I  re- 
fumed  to  England  at  tbe  Revolution,  we  ap- 
pointed often  to  meet,  in  order  to  a  full  rela- 
tion of  it  alt.  But  by  several  accidents  it  went 
off,  as  a  thing  is  apt  to  do  which  one  can  re- 
cover at  any  time.  And  so  his  unhappy  end 
came  on  before  1  had  it  fi-om  him.  I  know 
tliis,  that  no  money  was  raised.  But  ihe  thing 
had  got  some  vent;  for  my  own  brother,  a 
i»ealons  Presbyterian,  who  was  come  from- 
Scotland,  it  not  being  safe  for  him  to  live  any 
longer  in  that  kingdom  knowing  that  he  had 
conversed  with  many  that  had  been  in  the  rcbel- 
fion,  told  me,  there  was  certainly  somewhat  in 
agitation  among  them,  about  which  some  of 
their  teachers  had  let  out  somewhat  very 
freely  to  himself:  how  far  that  matter  went, 
and  now  the  scheme  was  laid,  I  cannot  tell ; 
ted  so  must  leave  it  in  the  dxik.  Their  con- 
tract for  tbe  project  of  Carolina  seemed  to  go 
on  apace :  they  had  sent  some  thither  the  former 
year,  who  were  now  come  back,  and  brought 
them  a  particular  account  of  every  thing :  they 
likewise,  to  cover  their  negociations  with  lord 
Argyle,  sent  some  over  to  him ;  but  with  the 
blind  of  instructions  for  buying  ships  in  Hol- 
Ited,  and  other  things  necessary  for  their 
transportation. 

Other  Cotupiratort  meet  at  the  tamt  time  on  de- 
tignsofauassin^ing  the  King, 

*'  While  this  matter  was  thus  in  a  close  ma- 
nagement among  them,  there  was  another 
company  oflord  Shaftsbury's  ci*eatures  that  met 
m  the  IVmple  in  the  chambers  of  one  West,  a 
witty  and  active  man,  full  of  talk,  and  believed 
to  be  a  determined  atheist.  Rumsey  and  Fer- 
flpison  came  constantly  thither.  The  former  of 
•mesewas  an  officer  in  Cromwell's  army,  who 
went  into  Portugal  witK  the  forces  that  served 
there  under  Schomberg.  He  did  a  brave  action 
in  that  service :  and  Schomberg  writ  a  parti - 
Cttlair  letter  to  the  king  setting  it  out:  upon 


497]     STATE  TRIALS,  35  CtfAHtBS  II.  Ifi83.— /m-  the  Ry$*H(mtt  PM.      [^S 


once  tlie  ooacb  wenttbrough  quite  alone,  with- 
out anjjr  of  the  guards  about  it ;  and  that,  if  he 
had  laid  any  thug  cross  the  way  to  haye  stopt 
lhe<HMichbut  a  tninute,  he  couM  hare  shot 
them  both,  and  hare  rode  away  through  grounds 
that  he  knew  so  well  that  it  should  not  have  %ren 
posaiUe  to  haTe  followed  him.  Upon  which 
they  ran  into  much  wicked  talk  about  the  way 
cf  executing  that.  But  nothing  was  ever  fixed 
on :  ail  was  but  talk.  Atone  time  lord  Howard 
witf  among  them  :  and  talked  over  their  several 
Mieivies  0?  lopping.  One  of  them  was  to  be 
executed  in  u%t  play  house.  Lord  Howard 
said,  he  liked  that  best,  for  then  tibey  would  die 
in  their  calling.  This  was  so  like  his  way  of 
taflc,  that  it  was  ea8il3r  believed,  though  he  al- 
ways denied  it.  Waloot,  an  Irithvgentleman 
that  had  been  of  Cromwell's  army,  was  now  in 
Lapdon,  and  got  into  that  company :  and  he 
was  made  believe,  that  the  thing  was  so  well  laid 
that  many  both  in  city  and  country  were  en- 
gaged in  it^  He  lik^theproject  of  a  rising  but 
declared  he  would  not  meddle  in  their  lopping. 
So  this  wicked  knot  of  men  continued  their  ca- 
ballings  from  the  time  that  the  earl  of  Shaflsbury 
went  away  :  and  these  werethe  subjects  of  their 
.  dbscoiirses.  The  king  went  constantly  to  New- 
Market  for  about  a  month  both  in  April  and 
October-  In  April  while  he  was  there  a  fire 
broke  out,  and  burnt  a  part  of  the  town  :  upon 
,  which  the  king  came  back  a  week  sooner  than 
he  intended. 

A  Plot  is  dUccnered. 

**  While  all  these  things  were  thus  going  on, 
there  was  one  Keeling,  an  Anabaptist  in  London, 
who  was  sinking  in  his  business,  and  began  to 
think  that  of  a  witness  would  be  the  better 
trade.  Goodenou^h  had  employed  him  oflen 
to  try  ^eir  strength  in  the  city,  and  to  count  on 
whom  they  could  depend  for  a  sddden  rising  : 
he  had  also  talkedto  tiim  of  the  design  of  kiil- 
ing  the  two  brothers :  so  he  went  and  disco- 
Texed  all  he  could  to  Leg,  at  that  time  made 
lord  Dartmouth.  Leg  made  no  great  account 
of  it,  but  sent  him  to  Jenkins.  Jenkins  took 
hb  depositions,  but  told  him  he  could  not  pro- 
ceed in  it  without  more  witnesses  :  so  he  went 
to  his  brother,  who  was  a  man  of  heat  in  bis 
way,  but  of  probity,  who  did  not  incline  to  ill 
designs,  and  less  to  discover  them.  Keeling 
earned  his  brother  to  Goodenougfa,'  and  assui*^ 
him  he  might  be  depended  on.  So  Goodenough 
tan  oat  into  a  rambling  discourse  of  what  they 
both  could  and  would  do :  and  he  also  spoke 
of  killing  the  king  and  the  duke,  which 
wonldnu£e  their  work  easy i  When  they  left 
him  the  diftcoverernressed  his  brother  to  go 
'  BbngwHh  him  to  Westminster,  ^bere  he  pre- 
Jtendcd  business,  but  stopt  at  White- Hall.  The 
odier  was  uneasy,'  longing  to  get  out  of  his 
compai&y ,  to  go  to  some  firiends  lor  aavice,  upon 
waat  had  happened.  But  he  drew  him  6n  : 
anB  at  last,  ne  not  knowing  Whither  he  was 
going,  fae  drew  him  .faito  Jemdns's  office ;  and 
uiere  told  the  secretary  he  harl  brought  another 
witness,  who  bad  hem  the  substance  of  ihe 

you  IX. 


igot  from  Goodenough's  own  mouth  just  then. 
His  brotbo*  was  deeply  struck  with  this  cheat 
and  surprise,  but  could  not  avoid  the  making 
oath  to  Jenkins  of  ail  he  had  heard.  The  se- 
cretary', whose  phlegmatic  head  was  not 
turned  fpr  such  a  work,  let  them  both  go,  shid 
sent  out  no  warrants,  till  he'' had  communicated 
the  matter  to  the  rest  of  the  ministry,  the  king  ' 
bong  th^n  «t  Windsor.  So  Keelhig,  who  had 
been  thus  drawn  into  the  snare  by  bis  brother, 
sent  advertisements  to  Goodenough,'  and  all  the 
other  persons  whom  he  hadnam^,  to  go  out  of ' 
the  way. 

A  forged  ttory  laid  hy  'Runaey  and  Wett 

.  '^  Rumsey  and  West  were  at  this  time  perpe- 
tualW  together :  and  apprehending  that  they' 
had  misted  themselves  to  too  many  persons, 
who  might  discover  them,  they  laid  a  story,  in 
which  they  resolved  to  agree  it  so  weU  together, 
that  they  should' not  contradict  one  another. 
They  framed  their  story  thus,  that  they  had 
laid  the  design  of  their  nsing  to  be  executed  oit 
the  17th  November,  theday  of  queen  Elizabeth's 
coming  to  the  crown,  on  which  thedtizens 
used  to  run  together,  and  carry  about  popes  in  . 
procession,  and  bum  them  :  so  that  day  seemed 
proper  to  cover  their  running  together,  till  they 
met  in  a  body.  Oth^  they  said,  thought  it 
best  to  do  nothing  on  Uiat  day,  the  rout  being 
usually  at  night,  but  to  lay  their  rising  ibr  th« 
next  Sunday  at  the  hour  of  people*s  beingai 
church.  Tnis  was  laid  to  shew  how  near  the 
matter  was  to  the  being  executed.  But  the  part 
oftheir  story  that  w^  the  best  laid,  (fortius  . 
looked  ridiculous,  since  they  could  not  name 
any  one  pei-son  of  any  condition  that -was  to 
head  this  rising,)  was,  that  they  pretended  that 
Rumbold  had  offered  them  his  house  in  the 
ueathforexecuting the  design.  It  was  called 
Rye :  and  from  thence  this  was  called  the  Rye- 
plpt,  he  asked  forty  men,  well  armed  and 
mounted,  whom  Rumsey  and  Walcot  were  tc^ 
command  in  two  parties :  the  one  was  to  engage 
the  Guards,  if  they  should  be  near  the  coach  : 
and  the  other  was  to  stop  the*^  coach,  and  to 
murder  the  king  and  the  auke.  Rumsey  took 
the  wicked  part  on  himself,  saying  thatWal<^ 
had  made  a  scruple  of  killing  the  king,  but  none 
of  engaging  the  Guards :  so  Rumsey  was  to 
do  the  execution.  And  they  said,  tiiey  were 
divided  in  their  minds  what  to  do  next :  some 
were  for  defending  the  moat  tillni^ht,  and  then 
to  have  gone  off:  others  were  fbr  nding  through 

S-oundsin  a  shorter  way  towards  the  Thames, 
f  thes^  forty  they  could  name  but  eight.  But 
it  was  pretended  that  Walcot,  Goodenough,  and 
Rumbold  had  undertaken  to  find  both  the  rest 
of  the  men,  and  the  horses :  for,  though  upbn 
such  an  occasion  men  would'  have  taken  careto  ^ 
have  had  sure  and  well  tried  horses,  this  sfeo 
was  said  to  be  trusted  to  others.  As  for  arms, 
We$t  had  bought  some,  as  on  a  commission'for 
a  Plantation  :  and  these  were  said  to  be  soma 
of  the  arms  with  which  they  were  to  be  fur«" 
nished ;  though  when  they  were  seen  they 
seemed  Very  improper  for  sudl  a  service.    I 


499]     STATE  TRULSt  35  Charles  n.i6SS.-^IniroiueiUH  to  the  Triab    [500 


•aw  an  Wjest's  narrative,  which  was  pat  in  lord 
BocbesterV  bands  :  and  a  friend  of  mine  bor- 
rowed it  of  bim,  and  lent  it  me.  Tb^  were 
so  wise  ateourt  that  tbey  would  not  suner  it  to 
>  be  printed ;  for  then  it  woaid  have  appeai'ed 
too  gross  to  be  believed. 

**  But  the  part  of  it  all  that  seemed  the  most 
amazinff  was,  that  it  was  to  have  been  executed 

00  the  day  in  which  the  king  had  intended  to 
return  from  New-market ,  but  the  happy  fire, 
that  sent  him  away  a  week  sooner  had  quite  de- 
feated the  whole  plot,  while  it  was  within  a 
week  of  its  execution,  and  neither  horses,  i^, 
nor  arms  yet  provided.  This  seemed  to  be  so 
eminent  a  providence,  that  the  whole  nation 
was  struck  with  it :  and  both  preachers  and 
ports  had  a  noble  subject  to  enlarfi^e  on.  and  to 
shew  how  puch  the  kine  and  the  duke  were 
under  the  watchful  cane  ot  providence. 

*'  Within  three  days  after  Reeling's  discovery 
the  plot  broke  out,  and  became  the  whole  dis- 
course of  the  town.  Many  examinations  were 
taken,  and  several  persons  wei-eclapt  upiipou'' 
ii.  Amon^  these  W  ildman  was  one,  wno  bad 
been  an  a^^itator  in  Cromwell's  army,  and  bad 
^opposed his  protectorship.  AfUr  the  restora- 
tion he  being  kicked  on  as  a  his;^  republican 
was  kept  lon^  in  prison  ;  where  be  had  studied 
law  and  phytic  so  much,  that  he  past  as  a  man 
very  knowmg  in  those  matters.  He  had  a  if  ay 
•f  creating  ioothers  a  great  opinion  of  his  fa- 

gu;itj^,  and  had  great  credit  with  the  duke  of 
udangham,  and  was  now  very:  active  under 
Sidney's  coniduct.  He  was  aevieU  on,  and  his 
house  was  searched :  in  his  cellars  there  hap- 
pened to  be  two  small  field-pieces  that  belonged 
to  the  duke  of  Buckingham,  and  that  lay  in 
York-house  when  that  was  sold  and  was  to  be 
pulled  down :  Wildman  carried  those  two. 
piec€»,  which  were  finely  wrought,  but  of  little 
use,  into  his  .cellars,  where  they  were  laid  on 
ordinary  wooden. carriages,  and  no  way  fitted 
for  any  service :  yet  these  were  carried  to 
White- hall,  and  exposed  to  view,  as  an  unde- 
niable proof  of  a  repeOion  designed,  since  here 
was  their  cannon. 

*|  Several  persons  came  to  me  from  court,  as- 
suring me  that  there  was  full  proof  made  of  a 
plot.  Lord  Howard  coming  soon  after  them 
to^ee  me  talked  of  the  whole  matter  in  his  spite- 
ful way  with  so  much  scorn,  that  I  really 
thou^htlie  knew  of  nothiBg,and  by  consequence 

1  believed  there  was  no  truth  in  ail  these  disco- 
veries. He  said,  the  court  knew  they  were  sure 
of  juries,  and  they  would  furnish  themselves 
nmckly  with  witnesses :  and  he  spoke  of  the 
duke^asof  onethat  would  be  worse,  not  only 
than  queen  Mary,  but  than  Nero  :    and  with 

S'esand  hands  hfted  to  heaven  he  vowed  to  me 
at  be  knew  of  no  plot,  and  that  he  believed 
nothing  of  it.. 

*<  Two^ays  after,  a  proclamation  came  out 
for  seizing  on  some  who  could  not  be  found  : 
and  among  these  Rumsey  and  West  were 
-  named.  The  next  day  West  delivered  himself, 
and  Rumsey  came  in  a  day  after  biro.  These 
two  brought  out  their  stoiy>  whicb>  how  incre- 


dible soever  it  was,  past  so  for  certain,  that  any  ^ 
man  that  seemed  to  doubt  it  was  concluded  to 
be  in  it  That  of  defending  themselves  withia 
mud  walls  and  a  moat  looked  like  the  inven- 
tion of  a  lawyer,  who  could  not  lay  a  miUtary 
contrivance  with  any  sort  of  probability.  Nor 
did  it  appear  where  the  forty  norse  were  to  be 
lodged,  and  how  they  were  to  be  brought  togpe- 
'ther.  Ail  these  were  thought  objections  that 
-could  be  made  by  none  but  those  Hvho  eithor 
were  of  it,  or  wished  well  to  it.  These  new 
witnesses  had  also  heard  of  the  conferences  that 
the  dqiiB  of  Monmouth  and  the  .other  lords  had  V 
with  those  who  were  from  Scotland,  but  knew 
nothing  of  it  themselves.  Ru  msey  did  likewise 
remeniberthe  discourse  at  Shepherd's. 

Rustel  and  some  others  were  put   in  priwn 

upon  it. 

i*  When  the  council  found  the  duke  of  Mon- 
mouth and  lord  Russel  were  named,  they  writ 
to  the  king  to  come  to  Lonoon  :  tliey  would 
not  venture  to  go  further  without  his  presence 
and  leave.  A  messenger  of  the  council  was 
sent  the  morning  before  the  king  came  to  wait 
at  lord  Russel's  gate«to  have  stopt  him  if  he  bad 
offered  to  go  out.  luis  was  observed  ;  for  he 
walked  many  hours  there  :  and  it  was  looked 
on  as  done  on  purpose  to  frighten  him  sway  i 
for  his  back  gate  was  not  watched  :  so  for  se-^ 
veral  houn  be  might  have  gone  awav  if  he  had 
intended  it  He  heard  that  Rumsey  bad  named  ' 
him  :  but  he  knew  he  had  not  trusted  him,  and 
he  never  reflected  on  the  diseourse  ft  -Shep- 
herd's. He  sent  his  wife  among  his  fricnas 
for.  advice.  They  were  of  different  minds  : 
but  since  he  said  he  apprehended  nothing  frooci 
any  thing  he  had  said  to  Rumsey,  they  thooght 
his  going  out  of  the  way  would  give  the  court 
too  great  an  advantage,  and  would  look  like  a 
confessing  of  guilt.  So  this  agreeing  with  his 
own  mind,  he  stayed  at  home  till  the  king  was 
come :  and  then  a  messenger  was  sent  to  cany 
him  before  the  council.  He  received  it  very 
composedly,  and  went  thither.  Rumsey  had 
also  said,  that  at  Shepherd's^ there  was  some 
discourse  of  Treochard  s  undertaking  to  raise  a 
body  out  of  Taunton,  dnd  of  his  failing  in  it :  so 
lord  Russel  was  examined  upon  that,  the  kipg  . 
.telling  him,  that  nobody  suspected  him  of  any 
design  against  bis  person,  but  that  he  had  gomi 
.evidence  of  his  being  in  designs  against  bis 
goverament.  Ix>rd  Russel  protested,  he  had 
heard  nothing  v9lating  to  Treochard  :  and  said 
to  Ihe  last,  that  either  it  was  a  fiction  of  Rum- 
sey's,  or  it  had  past  betweei^  bim  and  Arm^- 
strong,  while  he  was  walking  about  the  room,  or 
tasting  the  wines  at  Shepherd's  ;  for  he  had 
not  heanf  a  word  of  it.  Upon  all  this  he  was 
sent  a  close  prisoner  to  the  Tower. 

Sidney  was  brought  pext  before  the  council. 
But  his  examination  lasted  not  long.  He  said, 
he  must  make  the  best  df;fence  he  could,  if  they 
had  any  proof  against  him :  but  he  would  not 
fortify  iJit'ir  evidence  by  any  thing  he  shoakl 
say.  And  indeed  ihat  was  tne  wisest  course  ; 
for  the  answering  questions  upon  stich  ejcami« 


&01]      STTATE  TRIALS,  35  Charl«s  II.  l583.-^0r  ike  Rgs-B^uu  PUt.       [502 


Bations  18  a  vdry  dangerous  thing  i  every  word 
that  is  said  is  laid  hold  on,  that  can  be  turtied 
against  a  man's  self  or  his  friends,  and  no 
ropard  is  had  to  what  he  might  sav  in  favour 
ofuiem  :  and  it  had  been  hUtppy  for  the  rest, 
especially'  for  Baillie,  if  they  had  all  held  to 
tills  maxim..  There  was  at  that  time  no  sort  of 
evidence  against  Sidney,  so  that,  his  comniit- 
meat  was  against  law.  Trenchard  was  also  exa- 
mined :  he  denied  eveiy  thing.  But  one  point 
of  his  sruilt  was  well  known  :  he  was  the  first 
man*  that  had  moved  the  exclusion  in  the 
house  of  commons  :  so  he  was  reckoned  a  lost 
man. 

^'  Baillie  and  two  other  gentlemen  of  Scot- 
land, both  Campbells^  had  changed  their  lodg- 
ings while  the  town  was  in  this  fermentation : 
and  upon  that  they  were  seized  on  as  sufpected 
persons,  and  brought  before  the  king.  He  him  - 
sdf  exaihinedthem,  and  first  questioned  them 
about  the  dfsign  against  his  person,  which  they 
very  frankly  answered,  and  denied  they  knew 
any  thinsr  about  it.  Then  he  asked  them,  if 
«  &ey  had^heen  in  any  consultations  whb  lords  or 
<)thers  in  England  m  order  to  an  insurrection 
in  Scotland.  Baillie  fa'ultered  at  this  :  fur  his 
Gonacience  restrained  him  from  lying.  He 
said  he  did  not  know  the  importance  of  those 
^estions,  nor  what  use  might  be  made  of  his 
answers  :  he  desired  to  see  them  in  writing, 
and  then  he  would  consider  how  to  answer  them. 
Both  the  king  and  the  duke  threatened  him 
dpoB  this :  and  he  seemed  to  neglect  that  with 
BO  much  of  the  air  of  a  philosopher,  that  it  pro- 
voked them  out  of  measure  against  him.  The 
gber  two  were  so  lately  come  from  Scotland, 
at  they  had  seen  nobody,  and  kn^w  nothing. 
BaiBie  vt^s  loaded  by  a  special  direction  wim 
very  heavy  irons :  so  that  for  some  weeks  his 
life  was  a  burden  to  him.  Cochran,  another 
of  those  who  had  been  concerned  in  this  treaty 
was  complained  of,  as  having  talked  very  freely 
•fthe  duke's  government  of  Scotland.  Upon 
which  the  Scotish  seciretair  sent  a  note  to  him 
desiring  him  to  ciome  to  him  ;  for  it  was  in- 
tended only  to  give  him  a  reprimand,  and  t<v  have 
ordered  him  to  go*  to  Scotland.  But  he  knew 
his  own  secret : -so  he  fefl  his  lodgings,  and  got 
beyond  sea.  This  showed  the  court  had  not 
yet  got  full  evidence  \  otherwise  he  would 
have  been  taken  up,  as  weU  as  others  were. 

Monmouth  and  others  escaped.- 

*<  As  soon  as  the  council  rose,  the  king  went 
to  the  dutchess  of  Monmouth's,  and  seemed  so 
much  con<^rned  for  the  duke  of  Monmouth, 
that  he  wept  as  he  spoke  to  hei*.  That  duke 
told  a  strange  passage  relating  to  that  visit  to 
the  lord  Cutts,  from  whom  I  had  it.  The 
king  told  his '  My,  that  some  were  to  come 
and  search  her  fodgings :  but  he  had  given 
order  that  no  search  should  b^  made  in  her 
^  apartments :  so  she  might  conceal  hkn  safely 
'  m  them.  But  the  duk^  of  Monmouth  added, 
that  he  knew  him  too  well  to  trust  him :  so  he 
went  out  of  his  lod^ngs.  And  it  seems  he 
jndged  right:  for  Uie  phboe  that  was  first 


searched  for  him  was  her  rooms  :  but  he  was 

fonel  And  he  gave  that  for  the  reason  why 
e  could  never  trust  the  king  a^r  that.'  It  is 
not  likely  the  Idnff  meant^  proceed  to  extre- 
mities with  him,  but  that- he  intended  ta  hava 
him  in  his  own  hands,  and  in  his  power. 

*'  An  order  v%as  sedt  to  bring  up  the  lord 
Griey,  which  met  him  coming  up.  He  was ' 
brought  before  the  council,  whefe  he  behaved 
himself  with  great  presence  of  mind.  He  was 
se^t  to  the  Tower.  But  the  gates  were  shut : 
so. he  staid  in  the  messenger's  hands  all  night, 
whom  he  furnished  so  Hberally  with  wine,  that 
he  was  dead  drunk.  Next  morning  he  went 
with  him  to  the  Tower  gate,  the  messenger 
being  again  fast  asleep.  He  himself  caJied  at 
the  Tower  gate,  to  bring  the  lieutenant  of  tha 
Tower  tb  receive  a  prisoner.  But  he  began  to 
think  he  might  be  in  danger:  he  found  Rumsey 
was  one  witness  :  and  if  another  should  como 
in  he  was  gone  :  so  he  called  for  a  pair  of  oars, 
and  went  away,  leaving  the  drunken  messen- 
ger fast  asleep.  Warrants  w^re  sent  for  se- 
veral other  persons :  soihe  went  out  of  the 
way,,  and  others  were  d^missed  after  some 
months  imprisonment.  The  kin^  shewed  some 
appearance  of  nncerity  in  egcamming  the  wit« 
nesses :  he  told  them,  he  would  not  have  m 
growing  evidence :  and  so  he  charged  them 
to  tell  out  at  once  all  that  they  knew ;  he  led 
them  into  no  accusations  by  asking  then^  any 
(]uestions  :  he  only  asked  them,  if  Gates  was 
in  their  secret :  they  answered,  that  they  all 
looked  on  him  as  such  a  rogue,  thai  they 
would  not  trust  him.  The  king  also  said,  he 
found  lord  Howard  was  hot  among  them,  and 
be  believed  that  was  upon  the  same  account. 
There  were  many  more  j^rsons  named,  and 
more  particulars  set  down  m  West's  narrative, 
than  tne  court  thought  fit  to  make  use.  of: 
for  they  had  no  appearance  of  truth  in  them. 

'<  Lord  Russel-from  the  time  of  his  impri* 
sonment  looked  upon  himself  as'a  dead  man* 
and  tnmed  his  tloughts  wholly  ta  another 
worM.  He  read  much  b  the  Scnptures,  par- 
ticularly in  the  Psalms,  and*  read  Baxter's 
Dying  Thoughts.  He  was  as  serene  and  calm 
as  if  he  had  been  in  no  danger  at  all.  A  com- 
mittee of  council  came  to  examine  him  upon 
the  d^ign  of  seizing  on  the  guards,  and^Bout 
bis  treating  witii  uie  Scots.  He  answered 
them  civiUy  ;  and  said,  that  he  was  now  pre-  - 
paring  §0^  his  trial,  whefe  he  did  not  doubt 
bnt  he  should  answer  every  thing  that  could 
be  objected  to  him.  From  him  mey  went  to 
Sidney,  who  treated  them  more  roughly :  he 
said,  it  seemed  they  wanted  evklence,  and 
therefore  they  were  come  to  draw  it  from  his 
own  mouth ;  but  tl^e^^  should  have  nothmg 
from  him.  Upon  this  examination  of  lora 
Russel,  in  which  his  treating  with  the  Soots 
was  so  positiv^  charged  on  him,  as  a  thing 
of  whicn  they  were  well  assured,  his  lady 
desired  me  to  see  who  this  could  be,  that 
had^  so  charged  him:  but  this  appeared  to 
be  only  an  artifice,  to  draw  a  confession 
fh^mhim.    Cochran  was  gone:   and  Baillie 


SM]      STATE  TRI^LSb  95  CHA&LEaill.  l6SS^MrddHcU0n  to  the  Trkb      [564 

that  vhi^h  .came  more  boiDe»wa«»  tliat  1m 
owned  there  was  a  coan^il  of  aix  settled,  of  - 
which  he  )iimself  was  one ;  and  that  they  hall 
had  seTeral  debates  amon^  them  conoeroing  an 
insurrection,  and  where  it  should  begin,  whfe-  . 
ther  in  the  city  or  in  the  country ;  but  t&at 
they  resolved  to  be  first  well  informod  concern- 
ing the  state  Scotland  was  in  ;  and  that  Kdney^ 
had  sent  Aaron  Smith  to  Scotland,  to  briog^ 
him  a  sure  information  from  thence,  and  that 
he  cfave  him  60  guineas  for  his  journey :  more 
of  that  matter  he  did  not  know  ;  for  be  had 
^one  out  of  town  to  the  Bath,  and  to  his  estate 
m  tlie  country.  During  his  absence  the  lords 
began  to  apprehend  their  error  in  trusting 
him :  and  upon  it  lord  Essex  said  to  loi4 
Russel,  as  the  last  told  me  in  prison,  that  tht 
putting  themselves  in  the  povii^r  of  such  jfc 
man  would  be  their  reproach,  as  well  as  their 
ruin,  for  trusthig  a  man  of  so  ill  a  character  : 
so  they  resolved  to  talk  no  more  to  him  :  but 
at  his  next  coming  to  town  they  toM  him,  they 
saw  it  was  necessaiy  at  present  to  give  over 
all  consultations,  and  to  be  quiet:  And  after 
that  they  saw  him  very  little.  Hamden  was 
upon  lord  Howard's  discovery  seized  on :  he, 
when  examined,  desired  not  to  be.  pressed  with 
questions :  so  he  was  sent  to  the  Towier. 


was  a  dose  prisoner,  and^  was  veiy  ill  used : 
none  were  admitted  to  him.  I  sent  to  the 
keeper  of  the  prison  to  let  him  want  for  no- 
thing, and  tha^  I  should  see  him  paid.  I  also 
at  his  desire  sent  him  books  for  his  entertain- 
ment, for  which  I  was  threatened  with  a  prison. 
I  said,  I  was  his  nearest  kinsman  in  the  place, 
nnd  this  was  only  to  do  as  I  would  be  done  by.. 
From  what  I  found  among  the  Scots  I  quieted 
the  fears  of  lord  RussePs  niends. 

^*  Lord  Howard  was;  still  going  about,  and 
protesting  to  every  person  he  saw  that  th^e 
was  no  plot,  and  that  he  knew  of  none:  yet 
be  seemed  to  be  under  a  consternation  all  the 
while:  Lord  Russel  told  me,  he  was  with 
him  when  the  news  was  brought  that  West 
bad  delivered  himself,  upon  which  he  saw  him 
change  colour  :  and  he  asked  him,  if  he  appre- 
hended any  thing  froip  him  ?  He  confe^ed, 
be  had  been  as  free  with  him  as  with  any  man. 
Hamden  saw  him  afterwards  under  great, 
fears  :  and  upon  that  he  wished  him  to  go  out 
of  the  way,  if  he  thought  there  was  matter 
again«i  him,  and  if  he  had  not  a  strength  of 
mind  to  suffer  any  thing  that  mi^ht  happen  (o 
him.  The  king  spoke  of  him  with  siicn  con- 
t(pmpt  that  it  was  not  probable  that  he  was  all 
this  while'in  correspondence  with  the  Court 

HoiparePi  Confeaion. 

*<  At  last,  four  days  before  lord  RussePs 
trial,  he  was  taken  in  his  owu  house  alter  a 
long  search ;  and  was  tbund  standing  up 
within  a  chimney.  .  As  soon  as  he  was  taken 
he  fell  a  crying  :  and  at  his  first  examination 
be  told,  as  he  said,  all  that  he  knew.  West 
and  Rumsey  had  resolved  only  to  charge  some 
«f  tho  lower  sort ;  but  had  not  laid  every 
-tiling  so  well  together,  but  that  they  were 
found  contradicting  one  another.  So  Kumsey 
charged  West  for  concealing  some  things : 
upon  which  he  was  laid  in  irons,  and  was 
threatened  witli  being  hanged :  for  three  days 
he  would  eat  nothing,  and  seemed  resolved  to 
starve  hims<tf :  but  nature  overcame  bis  reso- 
lutions :  and  then  be  told  all  \ke  knew,  and 
perhaps  more  than  he  knew  ;  for  I  believe  it 
was  at  this  time  that  he  wrote  his  narrative. 
And  in  that  he  told  a  new  story  of  lord 
Howard,  which  was  not  verv  credible,  that  be 
dioufl^ht  the  best  way  of  killing  the  king  and 
theouke,  was  for  the  duke  of  Mopmoutli  to 
iiUllhto  New-Market  wit]i  a  body  of  three  or 
400.  horse  when  they  were  all  asleep,  and  so 
to.  take  them  all:  as  if  it  had  been  an  easy 
matter  to  get  such  a  hoAy  together,  and  to 
carry  them  thither  invisibly  upon  so  desperate 
a  service.  iJpon  lord  Howard's  examination, 
be  told  a  long  story  of  lord  Shaftsbury>  de- 
sign of  raising  the  drty :  he  affirmed,  that,  the 
diDte  of  Monmouth  had  told  him,  how  Trench- 
ard  had  undertaken  to  bring  a  body  of  men 
from  Taunton,  Uithad  filled  in  it:  he  con- 
firmed that  of  a  rking  intended  in  the  city  on 
the  17th  or  the  t9th  m  November  last :  but  he 
knew  of  ns  body  tl|at  was  to  be  at  the  bei^d  of 
it.    fio  tfais  was  looked  on  as  oqljr  talk.    Bat 


The  Earl  tf  Eites  tm  Unt  tb  thi  Ibver. 

'*  A  party  of  bone  was  sent  to  briog  up  lord 
Essex,  who  had  staid  all  this  while  at  his  house 
in  the  country  ;  and  seemed  so  little  appre- 
hensive of  daiq^er,  that  bis  nwn  lady  did  m»t 
imagine  he  had  any  concern  on  his  mmd.  He 
was  offing  to  be  conveyed  aviay  very  **f^y  * 
but  he  would  not  stir.  His  tenderness  for 
lotd  Bussel  was  the  cause  of  this :  for  he 
thought  his  going  out  of  the  way  might  indine 
the  jury  to  odieve  the  evidence  the  more  for 
his  absconding.  He  seemed  resolved,  as  soon 
as  he  saw  how  that  went,  to  take  care  of  him* 
self.  When  the  party  came  to  bring  him  up, 
he  was  at  first  in  some  disorder,  yet  he  reco- 
vered himself.  But  when  he  came  before  the 
council,  he  w^s  in  much  confusion.  He  was 
sent  lo-the  Tower :  and  there  he  fell  under  a 
great  depression  of  spirit :  he  could  not  sleep 
at  ail.  He  had  ftllen  before  that  twice  und«nr 
great  fits  of  the  spleen,  which  returned  now 
upon  him  with  more  violence.  He  sent  by  e 
servant,  whom  he  had  long  trasted,  and  who 
was  suffered  to  come  to  him,  a  rery  inelan- 
dioly  messase  to  his  wife ;  Uiat  what  he  was 
charged  with  was  true :  be  was  sorry  he  bad 
ruin^  her  anil  her  children :  but  he  had  sent 
for  the  earl  of  Clarendon,  to  talk  fineely  to  biai, 
who  bad  married  his  sister.  She  immediately 
sent  back  the  servant,  to  hef  of  him  that  he 
would  not  think  of  her  or  her  children,  bat 
pnly  study  to  suppprt  bis  own  spirits ;  and 
desired  him  to  sav  wxAiing  to  lord  Clarendon, 
nor  to  any  body  else,  till  she  should  come  to 
him,  which  she  was  is  hope  to  obtain  leave  to 
do  in  a  ,day  or  two.  Lorj  Clarendon  came  to 
him  upon  ^is  message :  but  be  turned  the 
matfterspwellto  him,  as  If  h»  hadbsen  qdI/ 


J05]     STATE  TRIALS,  $5  Charles  n.  l«8d.— /ar  <i#  Bytf^Bme  Pitt.     [606 


toopbili  aomewbat  that  be  had  mt/bakm  him- 
setfin  when  he  was  before  the  omincil :  but 
M  to  that' for  which  he  was  dlfl|»t  up,  he  Mid 
there  was  nothing  in  if,  and  ii  would  appear 
bow  innocent  he  wta.  So  lord  Clarendon 
went  away  in  a  great  measure  satisfied,  as  be 
bimseir  told  me.  His  lady  had  another  mes- 
ssge  from  htm,  that  he  was  much  calmer ; 
e^iecially  when  he  fbimd  how  she  took  his 
cnidicioii  to  heait,  without  seeming  concerned 
for  h*  own  shar^  in  it.  He  oraered  many 
^uogsto  be  sent  to  him:  tod -among  other 
diiaga  lie  called  at  several  times  for  a  penknife, 
with  which  be  used  to  pare  his  nails  very 
■bdy :  so  Uiis  was  thougnt  intended  for  an 
amusement.  But  it  was  not  brought  firom  fads 
house  in  the  country,  though  sent  for.  And 
when  it  dSd  not  come,  he  called  for  a  razor, 
and  said,  that  would  do  as  well.  The  king' 
and  the  duke  came  to  the  Tower  that  morn- 
ing, as  was  given  out,  to  see  some  invention 
sboiit  the  ordnance.  As  they  wer^  going 
mto  dieir  barg<?,  the  cry  came  after  uem  S 
what  had  happened  to  lofcd  Essex :  for  bis  man, 
linking  be  staid  longer  than  ordinary  in  bis 
closet,  said,  he  looked  through  the  key  bole, 
and  there  saw  him  lying  dead  :  imon  which 
the  door  being  broke  open,  he  was  found  dead ; 
his  throat  cut,  so  that  both  the  jug*iUrf .  and 
the  gnUet  were  cut,  a  little  above  the  aspera 
arteria.  I  shall  afterwards  give  an  account  of 
ttie  fbrdier  enquiry  into  this  matter,  which 
past  then  aniversidly  as  done  by  himself.  The 
coroner's  jury  fbuiid  it  Self-murder.  And  when 
bis  body  was  brought  home  to  his  own  house, 
and  the  wound  was  examined  b^  his  own  sur- 
geon, he'  said  to  me,  it  was  mnpossible  the 
would  conld  be  as  it  was,  if  given  by  any 
band  hot  bis  own :  tor  except  he  had  cast  bis 
head  back,  and  stretched  up  bis  neck  all  he 
could,  the  aspera  arteria  must  have  been  cut. 
Bni  to  go  on  with  thix  in^cal  day,  in  which  I 
kMt  the  two  bestiriends  1  had  in  the  world : 

The  Lord  fhmef$  TreaL 

»  Theloi^  RuSsel's  trial  was  fixed  f^r  that 
day.  A  jury  was  returned  that  consisted  of 
citizens  of  London  who  were  not  freeholders. 
6o  the  first  point  argued  in  law  was,  whether 
this  GoukJ  be  a  l^pJ  jury;  The  statute  was 
expreas:  and  the  reason  was,  that  non€  but 
men  of  certain  estates  might  try  a  roan  upon 
ids  fife.  It  was  answered,  that  the  oractice 
of  the  city  was  to  the  contrary,  upon  tne  very 
reason  of  the  law :  for  the  richest  men  of  the 
sity  were  often  no  freeholders,  but  merchants 
whose  weahh  lay  in  their  trade  and  stock.  So 
this  was  over-joled,  and  the  jury  was  sworn. 
They  were  pickt  cut  with  great  care,  being 
men  of  ftdr  reputation  in  other  respects,  but  so 
4a^aged  in  the  party  for  the  Court,  that  th^ 
were  easy  to  believe  any  thing  on  .that  side. 
Ktmuy,  Shepherd,  and  ford  HoiMunl  wore 
ShewitnaneB,  nrho  deposed  accofdinglo  what 
wsi  fimneHy  related.  Shepherd  swore,  lord 
Bmad  was  twtoe  at  his  house,  tboiufh'iie  was 


sent  hiBiwordaAarhisssiiteiic«,thi*Iio  Aiw 

Skve  him  all  -he  had  swovn  against  him,  bnl 
at  be  must  renicflaber  that  he  was  nevei^ 
witbia  bis  doors  but  one  single  time:  to  which 
all  the  answer  Shepherd  made  was»  that  all 
tbs  while  he  was  in  court  during  the  trial  he 
was  under  such  a  confusion,  that  hs  scarce 
knew  what  he  said.    Both  Rumsey  wid  \m 
swore,  that  lord  Russel  had  exprened  bis  eai^ 
sent  to  the  seizing  on  the  gnai^,  though  they 
did  not  swear  any  one  word  that  he  spoke 
which  imported  it :  so  that  here  a  man  wm  ' 
convicted  of  treasoe^  for  being  present  by  aod* 
dent,  or  for  som0  ineooent  perpose,  where' 
treasonable  matter  was  discoursed^  witboul 
bearing  a  part  in  that  discourse,  or  fi;ivuiig«Qy 
assent  by  words  or  otherwise  to  what  was  se 
discoursed ;  wUoh  at  tlie  most  amounts  te 
misprision^  or  concealment  of  treason  odiy. 
As  lord  Howard  began  his  evidence,  the  news 
of  the  earKof  Essex's  death  came  to  the  Court. 
Upon  which  lord  Howard  stopped,  at)d  saMp 
be  oould  not  go  on  tiU  he  gave  vent  to  bis 
grief  in  some  tears.    He  poon  recovered  him* 
self,  and  told  all  his  story.    Lord  Rueiel  de« 
fended  himself  by  many  cOn^pergators,  wbe 
spok^  very  fuUy  of  his  great  woitb,  and  it  was 
not  likely  he  Would  engage  in  Ul  desiges. 
gome  others  bssides  fnyselt'^tcstifisd,  how  as- 
lemnly  lord  Howard  bad  denied  his  knowledge 
of  any  plot  upon  Its  firSt  breaking  out    Piooii 
the  solieiter  general,  said,  no  regard  was  te 
be  bad  to  that,  for  all  witnesses  domed  at  fast 
It  was  answered,  if  these  denials  had  hem 
only  to  a  magistrate,  or  at  an  eYsmbietisa,  it 
might  be  thought  of  less  momeiU :  but  sodi 
solemB  denials,  with  asseverations,  to  frieedSt 
alMl   ofiiciously  offered,  shewed  that  audi  e 
witness  was  so  bad  a  man,  that  no  credit  was 
diie  to  hie  testimony.    It  was  also  urged,  that 
it  was  not  sworn  by  any  of  the  witnesses,  thai 
lord  Russel  bad  spoken  any  such  words,  et 
words  to  that  effect :  attd  without  some  sash 
indication,  it  coidd  not  be  known  thethelsnrk^ 
^ed  to  the  discourse,  or  osusenlSd  to  it  Lord 
Russel  also  asked,  npen  wiiat  eMute  he  was 
tried  :  if  upon  the  M  statute  of  the  t5th  sf 
£dward  the  third,  or  if  uMn  the  statute  madb 
declaring  inhat  shall  he  beld  trssioe  ileiiig 
the  king's  reignf  TheyeoeMacil  letyoBlbe 
last,  because  of  the  lileiMionef  tiewle  it :  six 
mooths,  end  eomething  asore,  weme  peased 
since  the  time  of  thtee  disesusess:  so  they 
relied  on  the  ehl  atelote.    Upee  vthich  lie 
asked,  wheee  ^m  the  «i^estHM;tf  Fer  aqbs 
enpeared.  It  was  also  4lSid,thet^  that  statute 
tie  very  ko^pxatlg  the  kieg^s  deaii,  when 
proved  by  an  overt<eet,  ifss  treasoni  Imt  j/L  was_ 
only  the  levying  war,  and  mit  ihe  isaagining' 
to  Wy  4sar«ei^ftnsl  the  king,  that  was  tree* 
son  by  Ihet  stalete.    Oodk^d  Hifle  weBs  ef 
th»  epteienY-endgef  e(thnr  ccesoas  for  it  And 
it  seenad,  thet  the  parltameet jihat  ^Sbe  ect 
ef  'treason  daring  She  ^nssent  eeign  weae  of 
ihatmind  for;they  snnewiatcd  osnsultaiiansrto 
emang  ^tfaese  things  ediiuh  WOK  de- 
|be  ^netsop  darinig rthat  leige;   This 


/ 


r 

507]     STATE  TRIALS,  S5  Charlbs  IL  l6ss.^IiUroiuction  U  the  frialt     [SOS 


shewed,  that  they  did  not  look  on  them  as  com- 
prehended within  the  old  statute.'  The  king's 

'  counsel  pretended,  that  consultations  to  seize  on 
the  king's  gtiards  were  an  overt- act  of  a  design 
against  the  king's  person.  But  those  forces, 
that  haVe  gotthe  designation  of  guards  appro* 
priated  to  them,  are  not  the  king's  guards  in 
ULW :  They  are  not  so  much  as  allowed  of  by 
bw :  For  even  t^e  lately  dissolved  long  parlia- 
ment, that  was  so  careful  of  the  king,  and  so 
kind  to  him,  would  never  take  notice  of  the 
Idng's  forces,  much  less  ,call  them  his  guards. 
The  guards  were  only  a  company  of  men  in  the 
king's  pay :  So  that  a  design  to  s^ze  on  them 
amounteu  to  no  more,  than  to  a  design  to  seize 
on  a  part  of  the  king's  army.  But  the  word 
guards  sounded  so  like  a  security  to  the  king's 
person,  that  the  design  against  them  was  con- 
structed a  design  against  his  life:  And  yet 
none  of  the  witnesses  spoke  of  any  design  agamst 
the  king's  person.  Lord  Howard  swore  posi- 
tively, that  they  had  no  such  design.  Yet  the 
ine  was  constructed  to  be  the  natural  conse- 
quence of  the  other.  So  that  alier  all  the  de- 
claiming against  a  constructive  treason  m  the 
case  of  lord  Strafford,  the  court  was  always 
romung  into  it,  when  they  had  a  mind  to  |}e- 
«trey  any  that  stood  in  their  way.  ]J»rd 
Russel  desired,  that  his  counsel  might  be  heard 
to  this  point  of  seising  the  guards :  But  that 
was  denied,  unless  he  \Jould  conless  the  fact: 
And  he  would  not  do  that,  because  as  the  wit- 
nesses had  sworn  it,  it  was  false.  He  once 
intended  to  have  related  the  whole  fiu;t,  just  as 
it  was :  But  his  counsel  advised  him  against 
it.  Some  of  his  friends  were  for  it,  who  thought 
that  it  could  amount  to  no  more  than  a  conceal- 
ment and  misprision  of  treason.  Yet  the 
counsel  distinguished  between  a  bare  know- 
ledge, and  a  concealing  that,  andajoiiung  de- 
ingnedly  in  council  wiSi  men  that  did  design 

'  treason:  For  in  that  case,  though  a  man  should 
difier  in  opinion  from  atreasonaUe  proposition, 
yet  his  miring  in  council  with  such  men  will 
m  law  make  him  a  traitor.    Lord  Russel  spoke 

•  hot  little :  Yet  in  few- words  hq^ouched  on  all 
the  material  points  of  hiw  that  had  been  su^ 
gested  to  him.  Finch  hummed  u[>  the  evi- 
dence a^painsl  him':  But  in  that,  and  in  several 
other  trials  afterwards,  he  shewed  more  of  a  , 
vieious  elocpienbef  in  turning  matters  with  some 
subtlety  agmnst  the  prisoners,  than  of  solid  or 
'sincere  reasonings  Jefferies  would  shew  his 
seal^  «nd  speak  «fter  him :  But  it  was  only  an 
insolent  declamation,  «tich  as  all  his  were,  full 
of  fury  and  indecent  invectives.  *  Pemberton 

\  svas  the  head  of  the  court,  the  other  bench  not 
being  yet  £lled.  He  summed  up  the  evidence 
at  first  very  fairly :  Butin  condusiou  he  told 
the  jury,  tliat  a  design  to  seize  the  guards  was 
•urdy  a  design  against  the  king-s  life.  -  But 
though  he  struck  upon  this,  which  was  the 
main  point,  yet'it  was  thought  that  his  stating 
the  whole  matter  with  so  little  eagevness  against 
lord  Russel^  was  that  which  lolt  him  his  place : 
For  he  was  turned  out  soon  after.  Lord  Rus- 
ad's  behftvioiar  dttring  the  trial  was  decent  and 


composed :  So  that  he  seemed  very  little  con- 
cerned in  the  issue  of  the  matter.  He  was  a 
man  of  so  much  candour,  that  he  spoke  httle 
as  to  the  fact :  For  smce  be  was  advi^  not  to 
tell  the  whole  truth,  he  could  not  speak  against 
that  which  he  knew  to  be  true,  though  in  some 
particulars  it  had  been  carried  beyond  the 
truth.  But  he  was  not  allowed  to  make  thar 
difference:  So  he  left  that  wholly  to  the  jury, 
who  brought  in  their  verdict  against  him,  upon 
which  he  received  sentence. 

**  He  then  composed  himself  to  (lie*  with 
gteat  seriousness.  He  said,  he  was  sure  the 
day  of  his  trial  was'  more  uneasy  to  hhn,  than 
that  of  his  execution  would  be.  All  possible 
methods  were  used  to  have  saved  his  life:  money 
was  ofiered  to  the  lady  Poitsmouth,  and  to  all 
that  had  credit,  and  that  Without  measure.  He 
was  pressed  to  send  ]ietitions  and  submissions 
to  the  king,  and  to  the  duke :  But  he  left  it  to  his 
friends  to  consider  how  far  these  might  go,  and 
how  they  were  to  be  worded.  All  he  was  ^ 
brought  to  was,  to  offer  to  live  beyond  sea  in 
any  place  that  the  king  should  name,  and 
never  to  meddle  any  more  in  Engli^  affiiirs. 
But  all  was  in  vain :  Both  king  and  duke  were 
fixed  .in  their  resolutions ;  but  with  this  dif- 
ference, as  lord  Rochester  afterwards  fold  me, 
that  thll^'duke  suffered  ^me,  ambn^  whom  he 
was  one,  to  argue  the  point  with  him,  hut  the 
king  could  not  bear  the  discourse.  Some  have 
said,  that  the  duke  moved  that  he  might  be 
executed  in  Southampton  square  before  his 
own  .house,  but  that  tne  king  rejected  that  as 
indecent.  So  lincoln's-lnn  Fields  was  the 
place  appointed  for  his  execution.  The  last 
week  er  his  life  he  was  shut  up  all  the  mom^  *  -^ 
ings,  as  he  himself  desired.  And  about  noon 
I  came  to  him,  and  staid  with  him  tiH  night. 
All  the  while  he  expressed  a  very  christian 
temper,  without  sharpness  or  resentment, 
vanity  or  affectation.  His  whole  behaviour 
looked  like  a  triumph  over  death.  Upon  some 
occasions,  as  at  table,  or  whe^h^s  friends  came 
to  see  him,  he  was  decently  cheerful.  I  was 
by  him  when  the  sheriffs  came  to  shew  him  the 
warrant  for  his  execution.  He  read  it  with  in- 
difference :  And  when  they  wei-e  gone  he  told 
me,4t  was  not  decent  to  be  merry  with  such  s 
matter,  otherwise  be  was  near  telling  Rich, 
(who  though  he  was  now  of  the  other  side,  yet 
had  been  a  member  of  the  House  of  Commons, 
and  had  voted  fbr«the  exclusion,)  that  they 
should  never  sit  together  in  that  house  any 
more  to  vote  for  the  bill  of  Exclusion.  Tlie 
day  before  his  death  he  fell  a  bleeding  at  the 
nose :  Upon  that  he  said  to  me  pleasantly,  I 
shall  not  now  let  blood  to  divert  this :  That  will 
be  done  to  morrow.  At  night  it  rained  hard : 
And  he  said,  s.ch  a  rain  to-morrow  will  spoil  S' 
great  shew,  which  was  a  dull  thin^  in  a  rainy 
day.  He  said,  the  sins  of  his  youth  lay  heavy 
upon  his  mind  :    But  "he  hoped  God  Had  for- 

Sven  them,  for  he  was  sure  he  had  forsaken 
em,  and  for  many  years  he  had  walked  before 
God  with  a  sincere  heart:  If  in  his  puMie 
aotings  he  had  committed  emrs,  they 


509]      STATE  miALS^  35  CflAmiBS  n.  iCBS^f^fiMr  Ik  Sg^TtmUi  Plot      [6X0 


Qolr  the  errors  of  his  imderetaDdiiiff :  for  he 
had  no  priTate  ends,  nor  ill  desi^s  St  nls  own 
in  them :  He  was  stin  of  opinion  that  the 
jdnst  was  liinited  by  law,  and  that  when  he 
fame  throng  those  limits  his  sulnects  miffht 
defend  themselTes,  adft  restrain  him :  lie 
thought  a  violent  death  was  a  very  desirable 
way  of  ending  ope's  life :  It  was  only  the 
being  exposed  to  'be  a  little'gazed  at,  and  to 
snfier  the  pain  6f  one  minute,  which)  he  was 
confident)  was  not  equal  to  the  pain  of  drawing 
a  tooth.  He  said,  he.-felt  none  of.  those  tran- 
sports that  some  good  people  felt ;  but  he  had 
a  fuH  calm  in'  his  mina,  no  palpitatiop  at  heart, 
nor  trembling  at  the  thongnts  of  death.  He 
was  much  concerned  at  tl^  cloud  that  seemed 
lo  be  now  over  his  cenntry :  But  he  hoped  his 
death  should  do  more  service,,  than  his'  life 
could  have  done.  , 

"  This  was  the  substance  of  the-  disconrse 
between  him  and  me.  Tillotson  was  oft  with 
him  that  last  week.  We  thought  th$.  party 
had  gone  too  quick  in  their  consultations,  and 
too  rar ;  ^^^  that  resistance  in  the  condition  we 
were  then  in  was  not  lawful.  He  said,  he  liad 
not  leismre  to  enter  into  discourses  of  politics ; 
but  he  thought  a  government  limited  by  law 
was  only  a  name,  if  ihe  subjects  mignt  not 
maintain  those  limitatiaos  by  force :  -otherwise 
an  was  at  the  discretion  of  the  prince:  that 
was  contrary  to  all  the  notions  he  had  lived  in 
of  our  government.  But  he  said,  there  was 
nothing  among  them  but  the  cmbrios  of  things, 
that  were  never  like  to  have  anyeffect,  and 
that  were  now  quite  dissolved.  He  thought, 
it  was  necessary  for  him  .to  leave  a  paper  be- 
hind him  at  bis  death :  and  because  be  had  not 
been  accustomed  to  draw  such  papers,  he  de« 
sired  me  to  give  him  a  scheme  of  the  heads  fit 
to  be  spdken  to,  and  of  the  order  in  which  they 
should  be  laid :  which  I  did.  And  he  was  three 
days  employed  for  some  time  in  the  morning 
to  write  out  hisuspeech.'  He  ordered  four  copies 
to  be  made  of  it,  all  which  he  signed ;  and 

Eve  the  original  with  three  of  the  copies  to 
I  lady,  and  kept  the  other  to  give  to  the 
sberifis  on  the  scaifold.  He  writ  it  with  great 
care :  and  the  passages  that  were  tender  he 
writ  in  papers  apart,  and  shewed  them  to  his 
lady,  and  to  mysdf,  before  he  writ  them  .out 
fiur.  He  was  very  easy  when  this  was  ended. 
He  also  writ  a  letter  to  ihe  king,  in  which  he 
asked  pardon  for  every  thing  he  had  said  or 
done  contrary  to  his  duty,  protesting  he  was 
ionocent  as  to  all  designs  against  hi»  person  or 
government,  and  that  his  heart  was  ever  de- 
voted to  that  which  he  thought  was  his  true 
interest.  He  added,  that  though  he  thought 
he  had  met  with  hard  measure,  yet  he  forgave 
all  concerned  in  it  from  the  highest  to  the 
lowest ;  and  ended,  hoping  that  his  majesty's 
displeasun^  at  him^  would  cease  with  his  own 
life,  and  that  no  part  of  it  should  fall  on  his 
wife  and.cliiidren.  The  day  before  his  death 
he  received  the  sacrament  frpm  Tillotson  with 
much  devotion.  And  I  preached  two  short 
•ennoDs  to  him,  whioh  ne  heard  with  great 


4 

affection.  And  we  Were  i^ut  4ip  till  towards 
the  evening.  Then  he  suffered  his  children 
that  were  very  young,  and  some  few  of  his 
friends  to  take  leave  of  him;  in  which  h«^ 
maintained  his  constancy  of  temper,  thouffh  he* 
was  a  vei^  fond  father.  He  also  parted  with 
his  lady  with  a  composed  silence ;  and,  as  soon 
as  she  was  gone,  he  said  to  me.  The  bitterness 
of  death,  is.  past:  for  he  loved  and  esteemed 
her  beyond  expression,  as  she  well  deserved  it 
in  all  respects.  She  had  the  command  of  her- 
self so  mudb,  that  at  parting  she  gave  him  no 
disturbance.  He  went  into liis  chamber  about 
midnight :  and  I  staid  all  night  in  tlie  outward 
room.  He  went  not  to  bed  till  about  two  in 
the  morning :  and  was  fiist  asleep  at  four,  when 
according  to  his  order  we  .called  him.  He 
was  qui<»ly  dressed,  but  would  lose  no  tinin 
in  shaving :  for  he  said,  he  was  not  concerned 
in  his  gooid  looks  that  day. 

.  The  Trial  and  Execution  of  Walcoi  andothert, 

*^  He  was  not  ill  pleased  ^th  the  account 
he  heard  that  morning  of  the  manner  of  Wal- 
cot's  death, .  who  tiM^etheir  with  one  Hone  and 
Uowse  had  suffered  the  day  before.  .  These 
were  condemned  upon  the  evidence  of  the  wiv* 
nesses,  Rumsev  and  West  swore  fully  against 
Walcot :  he  hao  also  writ  fi  letter  to  the  secre- 
tary offering  to  make  discoveries,  in  which  ha 
said  the  ^lot  was  laid  deep  and  wide.  Walqot  de- 
nied at  ms  death  the  whore  business  of  the  Rye- 
Plot,  anu  of  his  undertaking  to  fight  the  guar^ 
while  others  should  kill  the  king.  He  said. 
West  had  often  spoken  of  it  to  him  in.  the  phrase 
of  loppine ;  and  that  he  always  said  he  would 
not  meddle  in  it,  and  that  her  looked  on  it  as  an 
infiimous  thing,  and  as  that  which  the  duke  of 
Monmouth  would  certainly  revenge,  though 
West  asiured  him  that  duke  had  engaged  un- 
der his  hand  to  consent  to  it  This  confession 
of  Wakot's,  as  it  shewed  himself  very  guilty, 
so  it  made  West  appear  so  black,  tluit  t(e 
court  made  no  more  use  of  him.  Hone,  a  poor 
tradesman  in  London,  who  it  seems  had  some 
heat  but  scaice  any  sense  in  him,  was  drawja 
in  by  Keelbg,  and  Lee,  another  witness,  who 
was  also  brought  in  by  Keeling  to  a  very  wild 
thing,  of  killing  the  king  but  sparing  the  duke, 
upon  this  conceit,  that  we  would  be  ip  lefs 
danger  in  being  under  a  professed  papist  than 
under  the  king.  Hone  had  promised  to  serve 
in  the  execution  of  it,  but  neither  knew  when, 
where,  nor  how  it  was  to  be  done :  so,  though 
he  seemed  fitter  for  a  Bedlam  than  a  trial,  yet 
he  was  tried  the  day  before  the  lord  Russel,^ 
and  suffered  with  the  others  the  day  before 
him.  He  confessed  his  own.  guilt ;  but  said, 
these  who.  witnessed  against  him  had  engaged 
him  in  that  design,  for  which  they  now  charged 
him :  but  he  knew  nothing,  of  any  other  per- 
sons, besides  himi|elf  and  the  two  witnesses. 
The  third  was  one  Rowse,  who  had  belonj^ 
to  Player  the  chamberlain  of  London ;  i^nst 
whom  Lee  and  Keeling  swore  the  same  mings. 
He  was  more  affected  with  a- sense  of  the  heat 
and  fury  with  which  he  had  been  acted,  than 


«lll     STATETRIAUS,  95  Csa&lss  II.  l€%^^IniroiucHon  U  the  IHab      [5ia 


'riMoHienwtPes  h&k  %e  denied,  tint  he  was 
«v«r  tn^any  deai^  ar«nsl  the  kingf'fi  tifei  He 
md,  the  vriteesses  had  let  fait  many  wicked 
things  ef  that  matter  in  discawse  with  him : 
«o<lhal  he  was  resolved  to  diaeoi^er  them,  and 
traa  ^only  waiting  till  he  eoaki  fin^  out  the. 
bottom  of  their  deawns :  -  hot  that  now  they  had 
^rerenled  htm.  He  vkidicated  all  his  ac-. 
'caainlanoe  Irom  heing  any  way  concerned  in 
tne  matter,  or  from  appreving  each  designs. 
-These  men  dying  as  they 'did,  was  aach  a  dis- 
graeeto  the  wttaesses,  that  the  court  saw  it 
wvnot  fit  to  make  anv  further  use  ef  them. 
"Chneat  use  was  made  of  the  conjunction  of  these 
'two  plots  one  for  a  rising,  ami  another-for  an 
'•ssasaiDation.  It  was  sard,  that  the  on^  was 
that  which  gare  the  heart  and  hope  to  the 
elher  Uaric  coBspiraey :  by  wbidi  tney  were' 
ever  9M  Engtand  -Ueaded  together  as  a  .plot' 
within  a  plot,  which,  cast  a  great  load  on  thei 
•  whole  party. 

RmtiePs'  Etecu^iou. 

**  LordBnasel  ^seemed  to  hare  some  satis- 
Ihetion  to  find  that  there  was  no 'truth  in  the 
'Whole  contrivance  of  the  Rye-Plot :  so  that 
he  hoped,  thaiinfamy,  which  now  blasted' their 
party,  wotdd -soon  ^  off.    He  went  into  his 
chamber  i6jl  ^«r  aeven  'timea  in  the  morning, 
-and  prayed  bv  himself,  .asd  then  cpime  out  to 
'Tillotsoa  send:  me:  be. drank  a  KtUe  tea  and 
tame  sherry.    He  wound  up  hb  watch ;  and 
•«aid,<tt0w  he  had  done  with  time,  and  was  po- 
ling io^eteniftty.    Heasked  what  he  should  gire 
^eeoDecutioiierr  I*  told -him  ten  guineas:  he 
'«iid,  with  a  sndle,  it  was  a  pretty  thing  to  gi?e( 

*  *  fiee*  to  hare*  hur  head  cut  dn.  W  ben  the  sne-' 
inSSk-t^Med  him  about  ten  o'clock,  lord  Gaven- 
'idtohwas  'WailbigMow  to  take  leave  of  him. 
*1Fhey  embraced  ^ery  tenderiy.  Xord  'Russel, 
'«fter*he  had  left  him»  upon  a  sudden  thought 
<  oame  back  to  him,  and  pressed  him  earnestly 
-to  i^y-  hiraitelf  mere  40  religion ;  and  told 

Imbwhey  great  coiblbrt  «nd  support  he  felt 
'-irom-'lt- now  in -his  extremity.  LotdCaven- 
'^dith  had-  irery  .generously. offered  to  maoa^ 
/his  eacapcj  ahd  tcst^  m  priaon  for.  him  whfle 
'lie  .'should  go  «way  in  iiis  ehMtths :  hut  he 
^^mM  not  faeaitei to^die  motion.  The  duke 
'^  Wbwnetlth  had  also  -sent  me  -word,  to  let 
'Mn  fcd0W,  that,  if  hethoiight  it  could  do  hin^, 
-anyseiTice,  hewouldeome  in,  and  run  fbr-*'^ 
r.iunea  with  him.  Be  answer^,  it  wonki  he  of 
'*o  «dvanCaffe:  to  "lidm  to  ^have  lus'tHends  die 
" With  hun.  TiUotsQu^iuid  ^  I  went  inlhe  coach 
t  INrith  him  to  the  place  t)f  .execution.    Some  of 

'the  craad  .tbat  lulled' ^  streets' w^  jirhfle 

*  mfaen  iosttltod  i-'hc  was  touched  with  the  ten- 
'  deraass  that  -  the -.oBe%gave  him,  but  did  not 
'^aaem-at  aU  provoked  by  the  other.    He  was 

•(i^fiBg  psalms  i^  gceat  part  of  the  way ;  and 
;-aaid,:faenoped  to  sing  jNStter  very .  soon.    As 

he -obserfed  the  great  crpuds  of  people 'all  the 

-  way,  he  sakl^to  us,  I  hope  I  shall  qukkly  see 

^  much  better  asaepibly.    When  he  came  to 

^  fht  eeafibldy  he  :wi|lked  «beut  it  four  or  five 

^thnea.    Thaa^hetaniedtathedicnlfi^aMlde* 


lit ered  his  paper.  He  protested,  he  had  al- 
ways been  far  from  any  desogns  against  tli« 
Icing's  life  or  government:  be  .prayed  €iodl 
would  preserve  both,  and  the  IVotestant  re^ 
ligion.  He  wished  all  Protestants  might  lov« 
one  anodier,  and  not  make  way  for  popery  by 
their  animosities. 

'<  The  substance  of  the  paper  hegaretfiein 
was,  first  a  professkm  of  his  jeligion,  and  of  hia 
sincerity  piit :  that  he  was  of  the  Churcdi  of 
Bngland :  but  wished  i^l  would  unite  together 
agamst  the  common  enemy  :  that  churdmaeo 
would  be  less  severe,  and  dissenters  .less  scru- 
pulous. He  ovnedj  be  had  a  great  ^seal 
against  popery,  which  he  lookcad  on  as  aii 
i&latrous  andokKKly  religion :  but  that,  tbowfa 
he  was  at  all  times  ready  to  yenture  his  li^  for 
his  religion  or  his  country,  yet  that  would 
never  bav«  carried  him  to  a  bku;k  or  wicked 
design.  No  man  erer  had  the  impudence  to 
move  to  him  any  thing  with  relation  to  theking's 
life :  He  prayed  heartily  for  him,  that  in  hi* 
|ierson  ana  government  he  might  be  happy,  both 
m  this  world  and  in  the  next.  He  protested, 
that  in  the  prosecutipn  of  the  Popish  plot  he 
had  cone  on  in  the  SLDcerity  of  his  heart ;  and 
that  he  HGver  knew  of  any  prac^ce  widi  the 
witnesses.    He  owned,  be  nad  been 


the  matter  oftheexdujuon,  as  the  best  waV  ia 
his  opinion  to  secure  both  me  king's  life  and  die 
Protestant  Religion :  and  .to  that  he  imputed 
his  present  suflerings ;  but  he  forgave  all  con- 
cerned in  them ;  and  charged  his  friends  to 
think  of  no  revenges.  Jie  thought  his  aee- 
tence  was  hard :  upon  which  he  gav^  an  ac- 
count of  all  that  haa  past  at  Shepherd's.  Fnia 
the  heats  that  were  in  choosing  the  pherifb  he 
concluded,  that  matter  would  end  aa  it^now  did* 
and  he  was  not  much  surprised  Uy  find  it  fidl 
upmrMnHiplf :  be  wished  it  migbt  end  in  him : 
kuHngby#»rmsoflaw  was  the  worst  sc^of 
itaurder.  He  coodnded  with  soaoe  very  deroot 
^aculations.  After  he'had delivered  tbis^paper 
he  my  ed  by.  himself:  then  TiDotson  prayed 
wita  hmi.  after  that  he  prayed  again  hy  him- 
self:  'and  then  undressed  himaelf,  and  fiud  faia 
head  on  the  block,  wi^ont  the  least  change 
of  countenance:  and  it  waa  cut  of  at  two 
strokes.  \  '     Ij^ - 

<<  This  w«tfae  end  ^f  that  great  and  good 
man  :  on  which  I  have  perhaps  enlarg^  too 
oopioosly  :  biit  the  great  esteem  I  had  tor  him« 
and  theahare  I  had  m  thi^  n^atter,  will  I  hope 
excuse  it.  f(is  speech  vfas  so  soon  pfinlad» 
1;hat  it  waa  selling  about  the  streets  an  hour  after 
his  death  :  upon  which'  tne  court  was  hi^;hly 
enflamod.  So  Tillotaon  and  t  ytere  appointed 
to  appear  before  the  caboiet  councfl.  Tidot- 
son  bad  little  to  say,  but  only  that  lord  Buaari 
had  shewed  him  his  speech  tne  day  before  he 
suflered ;  and  diat  he  i^ke  to  fiim,  what  he 
thought  was  incumbent  on  him,  upoosoane 

rtrtsofit,  but  he  was  iiot  dispoaed  t4>  alter  it. 
was  kmger  before  them.    I  saw  they  a»pr»> 
heeded  I  luul  pomed  the  ^eecb.    I  tdd  tfte 


A15J      Sr^mi TRIALS  S5  CfkMtBS  IL  i$i3.— >r  th  Hgi-Hme  Plat,     [su 

iMulanoffi0iiiiUie€«rtditt»H«iiii^9  to  it  wm 
tlioagrtkt,  he  prevailed  whb  him  to  deny  it  in 
open  court.  But  the  girl  stood  firmly  to  her 
story.  The  simplicity  of  the  children,  tCM^her 
with  the  ill  opinion  that  was  geperaJiy  had  of 
the  court,  uxdined  many  to  ^lieve  this.  As 
soon  as  his  lady  heard  or  it,  she  ordered  a  strict 
raqnirytohemadeahoutit:  and  sent  what  sha 
found  to  me,  to  whom  she  had  trusted  all  the 
messacos'tbat  had  past  hetween  her  lord  and 
her  while  he  was  in  the  Tower.  When  I  pe< 
ruaed  all,  I  thought  there  was  not  a  colour  to 
found  any  prosecution  on;  which  she  would 
have  done  with  all  poasible  zoal,  ifshe  had  found 
any  iippeamnces  ortruth  in  the  matter.  Lord 
Emex  had  got  into  an  odd  set  of  some  straaga 
principles :  and  in  particular  he  thought^  a  man 
was  the  master  of  his  own  life ;  and  semed  to 
approve  of  what  his  wife's  gieat  grrandfather, 
the  eari  of  Northumberlami,  did,  who  shot 
himself  in  the  Tower  after  he  was  arraigned. 
He  had  also  y&ry  black  fits  of  the  spleen.  But 
at  that  time  one  Braddon,  whom  I  had  known 
for  some  fears  for  an  honest  bnt  enthusiasticxi 
man,  hearing  of  these  stories,  resolred  to  canr^ 
the  matter  as  far  as  it  would  go :  and  he  had 
picked  up  a  great  variety  of  little  circum- 
stances, all  which  laid  ti^ietlier  seemed  to  him 
so  convincing,  that  he  tbsught  he  was  bomid( 
to  prosecuto  the  matter.  I  desired  him  to 
come  no  Hiore  near  me,  since  he  was  so  positive. 
He  talked  of  the  matter  so  pubHcly ,  that  he  was 
taken  lip  for  spreading  false  news  to  alienate 
people's  hearts  from  the  king.  He  was  tried 
upon  it  Both  tha  children  owned,  that  they 
had  reported  the  matter  aahe  had  talked  it ;  the 
boy  sa^inff  then,  that  it  was  a  lie.  Braddon 
haid  desued  the  boy  to  set  it  all  under  his  hand, 
though  with  that  he  chariped  him  to  write  n»- 
^thin^but  the  truth.  This  was  caiM  a  si»- 
bomug :  and  he  was  fined  for  it  S,000/.  But  I 
go  next  to  a  trial  of  more  importance. 


king,  that  at  bk  iadv^a  desiie  I  writ  down  a 
▼•a^  parCieular  ioumaJ  of  every  passage,  great 
and  SHUdI,  that  had  happened  daring  my  atten- 
dance en  him  :  I  had  just  ended*  it,  as  I  re- 
ceived my  summons  to  attend  his  majesty  :  so, 
if  he  commanded  me,  I  would  read  it  to  him  : 
which  upon  his  command  I  did.  I  saw  they 
were  all  astonished  at  the  many  extraordinary 
thini^  in  ft :  the  most  important  of  them  are 
set  dawn  in  the  former  rektion.  The  Lord 
Keeper  asked  me,  If  I  intended  to  print  that.  I 
asid,  it  was  only  intended  for  his  lady's  private 
use.  The  Loid  Keeper,  seeing  the  king  silent, 
addiMl,  youare  not  to  think  the  king  is  pleased 
with  tins,  because  he  says  nothing.  This  was 
veiy  mean.  He  then  asked  me,  If  I  had  not 
studied  to  dtssnade  the  lord  Russel  from  putting 
many  things  ^n  his  speech.  I  said,  1  had  dis- 
cbaxgcd  my  conscience  to  him  very  freely  in 
every  particular :  but  he  was  now  gone :  so  it 
was  inmossiUe  to  know,  if  1  should  tell  any 
thing  of  what  had  past  hetween  us,  whether  it 
was  true  or  false:  I  desired  therefore  to  be  ex- 
CBsed.  The  dqke  asked  mc,  if  he  had  said  any 
thing  to  roe  in  confession.  I  answered,  that  if 
he  had  said  any  tbin^  to  me  in  confidence,  that 
itav  enongli  to  restrain  me  from  speaking  of  it. 
Only  I  oitered  to  take  ray  oath,  that  the  speech 
waa  panned  by  himsdfir  and  not  by  me.  The 
diike,npon  all  that  past  in  this  examination,  csx- 
pressed  himself  so  highly  ofiended  at  me,  that  it 
was comdnded  1  would  be  rained.  LordHaJiftx 
seat  me  word,  that  the  duke  looked  on  my 
noding  the  journal,  as  a  studied  thing,  to  make 
a  panegyrick  on  lord  Russel's  memory.  Many 
pampUets  were  writ  on  that  occasion :  and  I 
waa  heavily  charged  in  them  all,  as  the  ad- 
yiaer,  if  not  ^-^  anthor,  of  the  speedb.  But  I 
was  advised  by  all  my  finends  to  write  no  an- 
■warhutto  bear  the  malice  that  was  vented 
oponme  with  silence;  which  I  resolved  to  do." 
^  The  Scottish  jirisonos  were  ordered  to  be 
asal  doivn  to  be  tried  in  Scotland,  This  was 
■Ml  news  to  them  :  fhr  the  booto  there  are  a  se- 
vere tertnra.  »BaiUie  had  reason  to  expect  the 
woni  esage!  he  was  carried  toNewgate  in  the 
maraiog.  that  lord  Russel  was  tried,  to  see  if*  he 
eeold  he  perenaded  to  be  a  witness  against  him. 
£/eiy  thing  that  could  work  on  lum  vas  made 
«^  hut  aU  in  vain :  so  they  were  resolved  to 
iam  severely. 

Suspicions  of  Essex* $  being  murdered. 

**  I  passed  slightly  over  the  suspicwnsthat 
were  raised  upon  lord  £6sex's  death,  when  I 
mentieued  that  matter.  This  winter  the  bo- 
ainess  was  brought  to  a  trial :  a  boy  and  a  girl 
did  report,  that  they  heard  great  crying  in  nis 
lodgings,  and  that  they  saw  a  bloody  razor 
flung  out  at  window,  which  was  token  up  by  a 
weman  that  came  out  of  the  house  where  be 
waa  lodged.  These  children  reported  this  con- 
fidently that  very  day,  when  tbey  went  to 
thaiv  several  itomes :  tney  were  both  about  10 
sr  IS  years  old.  The  boy  went  backward  and 
Arward  in  his  story,  sometimes  affirming  it, 
pdat  other  times  denying  it :  but  his  fkther 

roL,  IX, 


Sidney's  Trial, 

"  Howard  was  the  only  eridenea  against  the 
prisoners  of  better  rank  ;  for  tbey  had  no  oom* 
munication  with  the  other  witoesses.  So  other 
things  were  to  be  found  out  as  suppleraantsto 
support  it  Sidney  wasnextbroughtto  bis  trial. 
A  jury  was  returned,  consisting  for  most  part  of 
very  mean  persons.  M^i's  pulses  were  tried 
beforehand,  to  see  how  tractoble  they  wtuld  be. 
One  Party,  a  violent  man,  gvahy  of  several 
mnrders,  was  not  only  pardoned,  but  was  now 
made  a  justice  of  peace,  for  hni  officious  med- 
dling and  violence.  He.  told  one  of  the  duke's 
servanto,  thinking  that  such  a  one  was  certain!^ 
of  their  party,  that  he  bad  sent  in  a  great  mMtf 
names  of  jurors,  who  were  sure  m<>n :  that 
person  told  me  this  himself.  Sidnrj^  ex.  epted 
to  their  not  being  freeboklers.  ButJefferifs 
said,  that  bad  been  over-ruled  in  k)rd  Rwsel's 
case :  and  therefore  he  over-ruled  it ;  and 
would  not  so  nm6h  as  suffer  Sidney  to  read  the 
stotote.'  This  was  one  of  his. bold  straina.  Lea4 
Russel  was  tried  at  the  Old-Bailev,  where  tb« 
jury  consisted  of  Londoners:  and*  tbrrie  jadefi 

^      2L 


«I5l     STATE  TRIALS,  35  CiiARtBS  II.  le^S.^hUroAt^hm  io  ik§  IW*     [5lfl 

the  contntr^  practice  had  prevailed,  upon  the 
leaaon  betore- mentioned ;  for  the  mmhanta 
are  supposed  to  be  rich  :  but  this  trial  vas  in 
Mi(lii!esex,  where  the  contrary  practice  had  not 

Ererailed ;  for  in  a  county  a  man  who  is  no  free- 
older  Is  supposed  to  be  poor.  Bnt  Jefferies 
said  on  another  occasion,  why  mifa^ht  not  they 
make  precedents  to  th^  succeeding;  times  as 
well  as  those  who  had  gone  before  them  had 
made  precedents  for  them  ?  The  witnesses  of 
the  other  parts  of  the  plot  were  now  brought 
ont  again  to  make  a  sfaiew  ;  for  they  knew  no- 
thing of  Sidney .  Only  they  said,  tiiat  they  had 
"heard  of  a  council  of  six,  and  that  be  was  one  of 
them.  Yet  even  in  that  the}  contradidicted 
one  another  V  Rumsey  swearings  ^  that  he  had 
it  from  West,  and  West  swearing  that  he  had 
it  from  him ;  which  was  not  observed  till  the  trial 
came  out.  If  it  had  been  observed  sooner, 
perhaps  Jefferies  would  have  ordered  it  to  be 
struck  out ;  as  he  did  all  that  Sidn^  had  ob- 


jected upon  the  point  of  the  jury,  because  tbe^ 
were  not  freeholders.     Howard  give  his  evi- 
dence, with  a  pre&ce  that  had  become  a  pleader 
better  than  a  witness.    He  observed  the  unitbr- 
mity  of  truth,  and  that  all  the  parts  of  his  evi- 
dence and  theirs  mettogether  as  twotallies.  After 
this  a  book  was  nrodui^,  which  Sidney  had  been 
writing,  and  wnich  was  found  in  his  closet,  in 
vnswerto  Filmer's  book  entttled  Patriarcha; 
by  which  Filmer  asserted  the  divine  ^iffht  of 
monarchy,  upon  the  eidest  son's  succeeding  to 
the  authority  of thefather.  It  was  a  book  of  some 
name,  but  so  poorly  writ,  that  it  was  somewhat 
strange  that  Sidney  bestowed  so  much  pains  in 
answering  it.  In  this  answer  he  had  asserted,  that 
princes  had  their  power  from  the  people  with 
.restrictions  and  limitations ;  and  that  they  were 
liable  to  the  justice  of  the  people,  if  they  abused 
their  power  to  thefir^udice  of  the  subjects,  and 
Against  established  laws*    This  by  an  innuendo 
was  said  to  be  an  evidence  to  prove,  that  be  was 
m  a  (dot  against  the  king's  life.    And  it  was 
insisted  on,  that  this  ought  to  stand  as  a  second 
witness.    The  earis  of  Clare,  Anglesey,  amd 
some  others  with  myself,  deposed  what  lord 
Howard  had  said,  denying  there  was  any  plot. 
Blake,  a  draper,  denosra,  that  having  abked 
him  when  he  was  to  nave  his  pardon,  he  an- 
swered, not  tiU  the  drudgery  ot  swearing  was 
'  over.     Howard  had  also  gone  to  Sidney 's  bouse 
and  had  assured  bis  servants  that  there  was 
nothing  against  him,  and  had  desired  them  to 
•bring  ms  goods  to  his  own  house.  Sidney  shew- 
ed, now  improbable  it  was  that  Howard,  who 
oould  not  raise  five  men,  and  had  notfiveshillings 
to  pay  them,  should  be  taken  into  such  consulta- 
tions. As  for  the  book  it  was  not  proved  to  be  writ 
by  him ;  for  it  was  a  ind|;e«]ca)ie  in  capital  mat- 
ters, that  a  similitude  of  hands  was  not  a  legal 
proof,  though  it  was  in  civil  matters :  that  what- 
ever was  in  those  napers,  they*  were  his  own 
privatethoughts,  and  specuhuionsof government 
never  communicated  to  any  :  it  was  also  evi- 
>deiit,  that  the  book  had  been  writ  some  years 
ago :  so  that  could  i^t  be  pretended  to  be  a 
.fiNMif  of  a  late,  plot :  the  book  was  not  finished, 


so  it  oonld  net  be  known  how  it  woold  end :  A 
man  writing  a^rainst  Atheism,  wjio  sets  out  tb* 
strength  of  it,  if  he  does  not  finish  hisanswer^ 
could  not  be  concluded  an  Atheist^  because  there 
was  such  a  chapter  in  his  book.    Jefferies  ia- 
terrupted  him  of^  very  rudely,  probably  ta 
put  him  in  a  passion,  to  which  lie  was^ul^ect  z 
but  he  maintained  his  temper  to  admiration* 
Finch  aggravated  the  matter  of  the  book|  as  a 
proof  of  his  intentions,  preteinling  it  was  an 
overt-act ;   for  he  said,  '  scribere  est  agere.* 
Jefferies  delivered  it  as  law,  and  said,  tlwt  all 
the  judges  were  of  the  same  mind»  that  if  there 
were  two  witnesses,  the  one  to  the  tieasoottlM 
other  only  to  acircumstaDce,such  asthebuvinff 
a  knife,  these  made  the  two  witnesses,  wnich 
the  statute  required  in  oases  of  treason.     In 
conclusion,  Sidney  was  cast.     And  some  days 
after  he  was  brought  to  court  to  receive  een- 
tence.    He  then  went  over  his  objections  tcK  the 
evidence  against  him,  iu  which  judge  Within« 
ioterrupted  him,  and  by  a  strange  indecency 
gave  him  the  lie  in  open  court    But  he  bora 
it  patiently .    He  sent  to  lord  Halifax,  who  was 
his  nephew  by  marriage,  a  paper  to  be  laid  be- 
fore the  king,  containing  the  main  points  of  his 
defence^  upon  which  £b  Appealed  (o  the  king, 
and  desired  he  woold  review  the  whole  matter. 
Jefferies  upon  that  in  his  furious  way  said»  either 
Sidney  must  die,  or  he  must  dijc.    His  execution 
was  respited  for  three  weeks,  the  trial  beiuff 
universally  cried  out  on,  as  a  piece  of  moat 
enormous  injustice.    When  he  saw  the  wamat 
of  his  ejLOCution,  he  expressed  no  concern  at  it. 
And  the  change  that  was  now  in  bis  temper 
amazed  ail  that  went  to  him.     He  told  tbe 
sheriffs  that  brought  it,  he  would  notexaoeta- 
late  upon  any  thing  on  his  own  aecount ;  (tbrthe 
world  was  now  nothing  to  him ;)  but  he  deaiiedl 
they  would  consider  how  guilty  they  were  of 
his  blood,  who  had  not  returned  a  fair  jury  but 
One  packed,  and  as  they  were  directed  by  the 
king[s  solicitor  :  he  spoke  this  to  theni,  not  lor 
his  own  sake,  but  tor  their  sake.    One  of  the 
sheriffs  was  struck  with  this,  and  wept.     He 
toki  it  to  a  person,  from  whom  Tillotaon  bad  it» 
who  told  it  me. .  Sidney  wrote  a  long  vindica- 
tion of  himself,  (which  I  read,)  and  summed  up 
the  substance  of  it  in  a  paper  that  he  gave  the 
sherifiii :  but  suspecting  they  might  suppress  it, 
he  gave  a  copy  of  it  to  a  friend.    It  was  a  fbrt^' 
nigut  before  it  was  printed,  though  we  bad  all 
the  speeches  of  those  who  died  for  the  popish 
plot  printed  the  very  next  day.    Bnt,  when  it 
was  understood  that  written  copies  of  Sidney^ 
Sfieecli  were  going  about,  it  was  ako  printed. 
In  it  he  shewed    his  iimocenca;   diat   lord 
Howard  was  a  infamous  person,  and  that  no 
credit  waK  due  to  him  :  vet  he  did  not  deny, tbe 
matter  lie  swore  against  him.    As  for  his  book, 
be  shewed  wliat  reason  all  princes  had  to  abbor 
Kilmer's  maxims :  for  if  primogeniture  from 
Noali  was  the  ground  settled  by   God  for  mo- 
narchy, then  all  the  princes  now  in  the  world 
Hsere  usurpers :  none  claiming  by  that  pedi- 
gree, and  this  primogeniture  being  only  in  one 
person.  He  mid,  mce  God  did  not  now  by  my 


5i7]       STATE  TRIALS.  33  CAaeubs  II.  \6BS.^fcr  tie  Rjfe^BvMse  Phi.      [51« 


deGiara*iniofliiiwi}?»Mof old  by  prophets,  maik 
oat  nioh  or  miefa  penonsftfrpriiioes,  tbey  coald 
hie,  but  what  was  JbundedoD  law  and 
and  Ibis  was  that  in  which  the  differ- 
lay  between  lawful  princes  and  usorpers  : 
jfuooutusioQ  was  a  donation  irom  God,  (which 
Funier  had  substituted  to  the  conceit  of  priino> 
genitnre),  then  every  prosperous  usurper  had  a 
good  ri^t.  He  osndnded  with  a  prater,  that 
the  nation  might  be  preserred  irom  idolatry 
and  tyranny.  And  he  said,  he  r^iced  that  he 
snflfeied  for  the  old  cause,  in  which  he  was  so 
early  engaged.  These  hst  words  furmshed 
mnStk  matter  to  the  scribblers  of  that  time.  In 
1»  imprisonment  he  sent  lor  some  independent 
preaehers,  and  expressed  to  them  a  deepre- 
none  for  his  nast  sins  and  great  ccmfidence  in 
the  mercies  or  God.  And  indeed  he  met  death 
with  an  unooDoeriiedness,  that  be<:ame.one 
srho  had  set  up  Marcus  Brutus  for  his  pattern. 
fie  was  but  a  very  few  minutes  on  the  scaffold 
at  ToweT'-HiJl :  he  spoke  little,  and  prayed  very 
sliort :  and  his  head  was  cut  off  at  one  blow.^' 


Hr.  Fox,  in  the  Introductory  Chapter  to 
Jus  History  of  the  Reign  of  James  the  Second, 
writes  thus  of  these  transactions : 

**  Of  the  Rye-house  plot  it  may  be  said, 
ttacfamore  truly  than  of  toe  Popish,*  thaX  there 
srasinit  some  truth,  mixed  with  much  lalse- 
faood  ;  and  though  many  of  the  circumstances 
m  Keeting's  account  are  nearly  as  absurd  and 
riifionhms  as  those  in  Gates's,  it  seems  proba- 
ble that  there  was  among  some  of  those  ac- 
cused, a  notion -of  assassinating  the  king ;  but 
whether  this  notion  was  erer  ripened  into  what 
may  be  calleda  design,  and,  much  more,  whe- 
ther it  were  ever  cTincedby  such  an  overt-act 
ss  the  law  requires  for  oonnctkm,  Is  very 
donbllul.  In'^regard  to  the  conspirators  of 
hi^ffaer  ranks,  from  whom  all  suspicion  of  par- 
ticipation in  the  intended  assassination  has 
been  iMig  since  done  away,  there  is  unques- 
tionably reason  to  believe  thai  they  had  often 
jnet  and  consulted,  as  well  for  the  purpose  of 
asoettaining  the  means  they  actually  possessed 
as  for  that  ,of  devisipg  otners,  for  aelivering 
^dr  coontrv  from  the  .dreadful  servitude  into 
which  it  had  fallen ;  and  thus  far  their  conduct 
nppears  clearly  to  have  been  laudable.  If  they 
went  inrther,*and  did  any  thing  which '  could 
be  fairly  ooostrued  into  an  actual  conspiracy, 
to  levy  war  a^nst  the  kins^,  they  acted,  con- 
■idering  the  disposition  of  me  nation  at  that 
period,  very  indisereetly.  But  whether  their 
proceedings  had  ever  gone  this  length,  is  far 
hook  certain.  Monmouth's  communications 
with  the  king,  when  we  reflect  upon  all  the 
drcumstanoes  of  thosecommnnicationB,  deserve 
net  the  smallest  sttention ;  nor  indeed,  it' they 
^d,  docs,  the  letter  which  he  afterwards  with- 
^ew,  prove  any  thing  upon  this  point  And  it 
is  an  outrage  to  common  sense .  to  call  lord 
(irey's  narrative,  written  as  he  himself  states 

*  &e  Tol.  6,  of  tj^  CoUecUon,  p.  1403, 1405. 


in  his'  letter  to  James  the  Second,  while  the 
oilestion  of  his  pardon  was  pending,  an  au- 
thentic account.  .  That  which  is  most  certain 
in  this  affidr  is,  that  they  had  committed  no 
overt  act,  indicating  the  imagining  the  king's 
deathy  even  according  to  the  most  strained 
construction  of  the  statute  of  Edward  the 
Third  ;  much  less  was  any  such  act  legally 
proved  against  them.  Xud  the  conspiring 
to  levy  war  was  not  treason,  except  by  a  recent 
statute  of  Charles  the  Second,  the  prosecutions 
upon  which  were  expressly  limited  to  a  cer- 
tain time,  which  in  these  cases  had  elapsed  ; 
so  that  it  is  impossible  not  to  assent  to  the  opi- 
nion of  those  who  have  ever  stiffmatiz^  the 
condemnation  and  execution  of  Kussci  as  a 
most  flagrant  violation  of  law  and  justi<^. 

**  The  proceedings  in  Sidney's  case  were  stii) 
more  detestable.  The  production  of  papers, 
containing  speculative  opinions  upon  govern- 
ment and  liberty,  written  lonff  before,  and  |»er- 
haps  never  even  intended  to  be  published,  to- 
gether with  the  use  made  of  those  papers,  in 
considering  them  as  a  substitute  for  the  second 
witness  to  the  overt  act,  exhibited  such  a  com- 
pound of  wickedness  and  nonsense  as  is  hardly 
to  be  paralleled  in  the  history  of  juridical  ty- 
ranny. But .  the  validity  of  pretences  was 
little  attended  to,  at  that  time,  in  the  case  of  a 
person  whom  the  court  had  devoted  to  destruc- 
tion, and  upon  evidence  such  as  has  been  stated, 
was  this  great  and  excellent  man  condemned 
to  die.  Pardon  was  not  to  be  expected.  Mr. 
Hume  says,  that  such  an  interference  on  the 
part  of  the  king,  though  it  might  have  been  an 
actofherdc  generosity  oould  not  be  regardeti 
as  an  indispensable  duty.  He  might  have 
said,  with  more  propriety  that  it  was  idle  to 
expect  that  the  government,  after  having  in- 
cnmd  so  much  guilt  in  order  to  obtain  the  sen- 
tence, should,  by  remitting  it,  relinquish  the 
object,  just  when  it  was  within  its  grasp.  Th# 
same  historian  considers  the  jury  as  hiffhly 
blameable,  and  so  do  1 ;  but  what  was  meir 
guilt,  in  comparison  of  that  of  the  court  who 
tried,  and  of  the  government  who  prosecuted, 
in  this  infamous  cause  i'  Yet  the  jury,  being 
the'  only  party  that  can-  with  any  colour  be 
stated  as  acting  independently  of  the  govern- 
ment, is  the  only  one  mentioned  by  him  as 
blameable.  The  jArosecutor  is  wholly  omitted 
in  his  censure,  and  so  is  the  court ;  this  last, 
not  Irotm  any  tenderness  for  the  judge,  (who, 
to  do  this  aiiuwr  justice,  is  no  favourite  witli 
him,  (but  Jest  Out  iodious  connection  betwe^ 
that  branch  of  the  judicature  and  the  govsm- 
ment  should  strike  the  reader  too  forcimy  ;  for 
Jefieries,  in  tliis^  instance,  ought  to  be  re-' 
gardedasthe  mere  tooland  iostrument,.(aflt 
one,  no  doubt,)  of  the  prince  who  had  ap- 
pointed him  for  the  purpose^  of  this  and  similar 
services.  Lastly,  the  king  is  gravely  in tro- 
dooed  on  the  question,  of  pardon,  as  if  he  had 
had  no  prior  concern  in  the  cause,  and  were 
now  to  decide  upon  the  propriety  of  extending 
mercy  to  a  criminal  condemned  by  a  court  m  " 
judicaturs ;  nor  are  we  ogee  reminded  whM  * 


Sigj      STATB  n^tALS,  5^  Chaiiles  IL  f 69d.^7Ha2  d/ Tkdmoi  WditcU      [S^O 


thai  jndicataie  wtts,  by  whom  appointed,  (»y 
whom  inflttencefi,  by  whom  called  upon,  to 
receive  that  detestable  evidence,  the  very  re- 
collection of  which,  ev^n  at  this  distance  of 
time,  fires  every  honest  heart  with  indignation. 
As  well  might  we  palliate  the  murders  of  Ti- 
berius, who  fieldom  put  to  death  his  yictims 
without  a  preyious  decree  of  bis  senate.    Tlie 
moral  of  all  this  seems  to  be,  that  whenierera 
prince  can,  by  intimidation,  corruption,  illegal 
^idence,  or  other  such  means,  obtain  a  ver- 
dict against  a  subject  whom  he  dislikes,  he 
may  cause  him  to  be  executed  without  any 
breach  of  indispensable  duty  ;  ndy,  that  it  is 
an  act  of  heroic  generosity,  if  be  spares  him. , 
I  never'  reilect  on  Mr.  Hume's  statement  of 
this   matter    but    with    the   deepest    regret. 
Widely  as  I  differ  from  him  upon  many  other 
occasions,  this  appears  to  me  to  be  the  most 
reprehensible  passage  of  his  whole  work.    A 
spirit  of  adulation  towards  deceased  princes, 
tliQiigh  in  a  good  measure  free  from  the  im- 
putation of  interested  meanness,  which  is  justly 
attached  to  flattery,  when  applied  to  living 
monarchs  ;  yet,  as  it  is  less  intelligibJe,  with 
respect  to  its  motives,  than  the  other,  so  is  it 
in  its  consequences,  still  more  pernicious  to  the 
general  interests  of  mankind.    Fear  of  censure 
nrom  contemporaries  will  seldom  have  much 
effect  upon  men  in  situations  of  iinlimite<l  au- 
thority :  they  will  too  often  flatter  themselves, 
that  the  same  power  which  enables  them  to 


commit  the  crime,  will  sectire  Ifciem  ftftm  te« 
ph>ach.  The  dread  of  poolfaitmoiui  hiiianyv 
therefore,  being  the  only  restraint,  tbnr  cos- 
sciences  excepted,  upon,  the  paanoas  ef  mhIi 
persons,  it  is  lamentable  that  this  last*  deftnoep 
(feeble  enough  at  best,)  should  in  any  dcgfree 
be  impaired ;  and  impaired  it  most  be,  if  not 
totally  destroyed,  when  tyrants  can  hope  t» 
find  in  a  man  like  Hume,  no  ieas  eminent  for 
the  integrity  and  benevolence  of  his  heart, 
than  for  the  depth  and  soundness  of  his  vn- 
derstanding,  an  spolugist  tor  even  their  tbolert 
murders. 

*' Thus  fell  Rnssel  and  Sidney,  two  nanen 
that  will,  it  is  hoped,  be  for  ever  dear  to  crerV 
English  heart  When  their  memory  nhatt 
cease  to  be  an  olgect  of  respect  and  veneratteuf 
it  requires  no  spirit  of  propiiecy  to  foretell  that 
English  liberty  will  be  fiist  approaching  te  itn 
find  consummation.  Their  deportment  was 
such  as  might  be  expected  from  men  who 
knew  themselres  to  be  suffering,  not  for  their 
crimes,  but  for  their  virtues.  In  courage  tbey 
were  equal,  but  the  fortitude  of  Russel,  who 
was  connected  with  the  world  by  private  and 
domestic  ties,  which  Sidney  had  not,  was  pot 
to  the  severer  trial ;  aud  the  story  of  the  fast 
days  of  this  excellent  man's  life,  fills  the  minA 
with  such  a  mixture  of  tenderness  and  admira- 
tion, diat  1  know  not  any  scene  in  history 
more  powerfully  excites  our  sympathy,  or 
I  more  directly  to  the  heart." 


*  See  the  preceding  Introduction.  The 
Proceedings  in  Scotland  against  Rumbald, 
A.  D.  1685,  are  connected  with  these  Triate. 
A  brief  account  o^'  those  proceedings  is  given 
by  Founta&nball,  which,  together  with  any 
more  particular  repjort  which  may  be  obtainea, 
shall  be  insetted  in  its  chronological  place. 
See,  too,  the  duke  of  Monmonth's  Case  in  thnt 
same  year,  and  the  Caaenext  tnmiediately  sttc- 
nftedlngthiaofWakot. 


295.  The  Trial  of  Captain  Thomas  Walcot,*  at  the  Old  Bailey,  for 

High  Treason:  .35  Charles  II.  a.  d.   1683. 

ThUB8D.\Y,  Jiily  13, 1683,  at  the  Sessions-  I  devil ;   and  die  trne  duty,  and  natural  obei- 
House  in  the  Old-Bailey,  London :  The  court  |  dience,  which  trae  and  faithi'ul  subjects  of 
being  met,  and  proclamation  made  for  attend- 
ance, the  proceedings  were  as  follow : 

Thomas  Waleot  being  set  to  the  bar,  and 
after  having  held  up  his  hand,  the  Indictment 
^^Q&  read  as  follows : 

**-  London.  The  Jurors  for  our  sovereign  lord 
the  king,  upon  theii'  oaths,  present,  That  t'ho- 
mas  Walcot,  late  of  London,  gentleman,  as  a 
fal%  traitor  against  the  most"  illustrious  and 
excellent  prince,  our  sovereign  lord  Charles  S, 
by  the  grace  of  God,  of  England,  Scotland, 
France  and  Ireland  king,  his  natorel  lord,  not 
having  the  fear  of  6ml  in  his  heart;  nor 
weighing  the  duty  of  his  allegiance,  but  being 
rtioved  and  seduced  by  the  mstigatinn  of  the 


sovereign  lord  the  king,  towards  him  onr  said 
lord  the  king,  do  bear,  and  of  right  ought  to 
bear,  wholly  withdrawing-;  and  with  his  whole 
strength  intending  the  peace  and  common  trm- 
qoillity  of  this  kingdom  of  England  to  disturb^ 
and  war  and  rebdlion  against  onr  said  lord  the 
king  to  move  and  stir  up,  and  th&|[nveraiDent 
of  our  said  lord  the  king  within  this  kingdona 
of  England  to  subvert,  and  onr  said  lord  the 
king  from  his  title,  honour  and  kingly  name 
of  the  imperial  crown  of  this  his  kingdom  tii 
Entfland  to  put  down  and  deprive,  and  our  aniil 
lorn  the  king  to  death  and  final  destmetion  to 
bring  and  put,  the  Sd  day  of  March,  in  the  year  of 
the  reign  of  our  sovereign  lord  Charles  9,  fcinp 
of  England,  &c  the  Ave-and-tbirtietfa,  mA 
divers  other  days  and  times,  as  well  before  as 
after,  at  the  parish  of  St  Michari  BassiriimW, 
in  the  ward  of  Baasislmw,  London,  albresaid, 
maliciously  and  traitereosly,  wil^  divers  ocbar 
traitors,  to  the  jurors  aforesaid  unknown,  dni 
consphre,  compass,  imagine  and  intend  onr  said 
lord  the  kmg,  nis  supreme  lord,  not  only  of  liis 
kinglv  state,  title,  |K>wer,  and  government  of 
this  nis  kingdom  of  England  to  deprive  nnd 
throw  down,  but  also  our  said  loni  the  king  to 
kill  and  to  death  to  bring  and  pot,  and  the 


§21] 


tTATH  TDALS,  95  CflittLBi  IL  id^S^fifr  IBgh  Ihat&ni 


lin      { 


ef  thM  U^  ldB|dtai  id 
to  cbwi^  aller,  nd  wholly  to  nb- 
I  a  ■HMMe  dflugMr  amiiigat  tli« 
•lAjMts  of  owr  nid  Uftd  «b«  kifef ,  tfanncfiUl 
whole  hinytau  of  Bngtond,  to  oitm  ■nd  pro- 
euro,  and  nMHveeliKi  end  reboHioii  against  euf 
teid  lord  the  king  to  mofe,  and  idr  up,  withm 
this  Idngddm  of  Ei^and:    And  to  foMU  and 
perfect  the  said  most  horrible  treaaons,  and 
traitereas  eompaaiin^y  imaginatione  and  par* 
poeea  elbreaaid,  the  said  Thomas  Wfdcot  as  a 
falie  traitor^  then  and  there,  and  diven  other 
dm  and  tunes,  as  well  heftire  as 'after,  ma- 
KaeoBly,  tralleronsly  and  adfisedly  did  as- 
seDsUe,  meet  tog^er,  and  'consult  with  the 
atbrtsatd  other  traitors,  to  the  jurors  aihresaid 
nnknown,  and  with  them  did  treat  of  and  fixr 
the  executing  and  perfecting  their  treasons, 
eottpaasings,  imaginations  and  purposes  albre- 
said;  and  that  the  said  Thomas Waloot  as  a 
fids^  traitor,  malictoasly,  traiterously,  and  ad- 
nsedly,  then  and  there,  and  dirers  other  days 
and  times,  as  well  before  as  alter,  did  tdce  upon 
himself,  and  to  the  aforesaid  otbo*  traitors  did 
promise  to  be  aiding  and  assisting  in  the  exe- 
ention  of  the  treasons,  and  traiterous  oompas^- 
ings,  imaeinatiQns  and  purposes  aforesaid ;  and 
in  protimng  armour  and  armed  meo,  to  faliH 
and  perfect  the  said  treasons  and  traiterons 
eompassings,  imajfinations  and  purposes  afore- 
said.    And  the  said  most  wickM  treasons,  and 
traileroas  oompassings,  imaginations  and  pur*- 
psaes  foresaid  to  fhlfil  and  bring  to  pass,  he 
the  said  Thomas  Waleot  as  a  fhlse  traitor,  ma- 
fiooosly,  traiterouilly  and  adtisedly,  then  and 
tiiere  did  procure  and  prepare  arms,  to  wit, 
Uunderbottes,  caridnes,    and   pistols,  against 
the  doty  of  his  allegiance,  against  the  peace  of 
enr  eoreretgn  lord  ^e  king,  his  crown  and 
dignity,  and  against  the  form  of  the  statutes  in 
that  eaiie  niade  and  provided,  Arc.** 
\     CL  of  Cr.  What  f  ay  est  thou,  Thomas  Wil- 
eotf   Art  thou  guilty  of  this  High  Treason, 
whereof  thou  standest  indicted,  or  f^ot  Gmlty  P 

Capt.  Waicot.  Not  Guilty. 

€/.  ^  Cr.  Culprit,  bow  wilt  thou  be  tried  ? 

€?apt.  Waicot.  By  God  and  my  country. 

67.  ofCr.  God  send  thee  a  good  deliverance. 

Then  were  WilKam  Hone,  John  Ronse, 
and  William  Blague  arraigned,  who  pleaded 
Not  Guiky  to  theh*  tndictmelits  ;  and  the  court 
a^oomed  tiH  the  afternoon.  When  Thomas 
Waicot  bebg  again  brought  to  the  bar,  after 
some  exceptions,  the  following  jury  was  im- 
faanelled :  tiz.  Nicolas  Charlton,  Christ. 
Pitts,  Robert  Beddingfield,  John  PelUng,  Wil- 
liam Wiftdbury,  Thomas^Seaton,  William  Rut* 
land,  Thomas  Short,  Tbeophiltts  Man,  John 
Oenew,  John  Short,  Thomas  Nicholas. 

Cryer,  O'  yes.  If  any  one'  can  inform  my 
leids  the  king's  justtoes,  &c. 

I.  C.  /.  (Sir  Prands  Plemberton)  Mr. 
^hertfls.  This  Is  an  extraordinary  casfe ;  it  is 
reasonable  the  eridencc  should  be  well  heard : 
I  require  yott  both  to  keep  the  court  quiet.  Mr. 
Tanner,  swear  the  king^s  evideiiee  one  at  a 
fme. 


Clerk.  Thnmm  Waleot ^  Hold  «p  thy  hdnl^ 
Ysv  of  tte  jury,  latfk  «imi  the  priimier^ 
aadharkentohis  charge:  Hetftands  hidiotaA 
by  the  name  of  Thomas  Waleot,  gent  pfvui 
in  the  Indictment  before,  mtamiit  mmimndki 
Upon  this  iadictBawnt  he  hath  been  arfa%n-*. 
ed,  and  therennto  pleaded  Not  Guilty,  an4 
for  his  trial  pot  himself  upon  his  eoontry  $ 
which  eowitry  yon  are.  Yonr  charged  to 
inquiie,  Stc. 

Mr.  North.  May  it  please  yonr  lordship,  an4 
yon  that  aro  sworn,  the  prisoner  standi 
charged.  That  he  l»ing  a  folse  traitor  to  the 
king,  and  tnteridiiiglo  raise  war  and  rebellimi 
against  the  king,  and  to  bring  his  majesty  tH 
an  mtimely  death,  did  on  the  tad  of  March, 
hi  the  S5th  year  of  the  king,  at  the  parish  of 
St.  Michael  Baasishaw.  meet  with  other  trai- 
tors like  himself,  and  tnere  conspired  to  bring 
thefe  treasona  to  eifect ;  and  accordingly  pro- 
mised to  be  aiding  and  assisting  to  provide 
arms  for  it ;  and  did  actnally  provide  several 
arms,  as  carbines,  blnaderbuSBes,  and  pistols, 
for  tlm  perpetmting  this  treason.  This  is 
the  charge,  to  which  he  says  he  is  Not  Guilty. 
We  will  call  our  witnesses  and  prove  it,  and 
then  von  are  to  And  it. 

Ait.  Oen.  (Sir  Robert  Skwyer.)  Gentle* 
men  of  the  jary,  the  prisoner  at  the  W  is  ac- 
cused of  the  highest  of  crimes,  High  Treason^ 
against  his  sovereigd  lord,  in  compassing  the 
murder  of  the  king,  in  raising  rebellion  nithin 
this  kingdom,  to  the  orerthrowing  of  the  best 
Constitmed,  and  the  most  excetlent  government 
in  the  worid.  Gentlemen,  he  does  notstend 
alone;  and  therefbre  he  is  charged  in  die  in- 
dictment with  a  conspiracy  with  many  others  $ 
I  aro  heartily  sorrr  to  say  there  ire  many. 
Indeed  there  is  hardly  any  kingdom  of  natiop, 
wherein  there  are  not  discontented  persons, 
whose  narrow  fortunes,  or  malevolent  spirite, 
render  them  uoeasy  in  that  condition  God 
Almighty  hath  put  them ;  but  til  find  me6 
that  pretend  to  be  Christians,  Or  to  hafe  any 
thing  of  virtue,  and  under  the  best  of  govern- 
ments, that  indeed  is  a  matter  of  wonder^  and 
indeed  it  -  casts  so  great  a  stain  and  f&proadb 
upon  the  Protestant  name,  that  it  is  not  to  be 
wiped  oif,  but  by  ihe  set^r^  rtfttice  ef  the 
kingdom.  Gentlemen,  this  dei^wa*  for  k* 
general  rising,  and  at  the  same  time  to  assassin 
natethe  king  and  the  duke  of  York:  This  in 
the  design  which  the  whole  course  of  our  evi- 
dence wUl  open  to  you,  and  lies  so  naked,  that 
I  hope  no  Englishman  that  lives,  but  wtH  sea 
through  these  men,  that  have  niade  siich  a 
noise  and  tumult  in  these  latter  days.  This 
design  to  assassihate  the  king,  and  the  rising, 
was  designed  te  be  in  October  last,  mtpbn  thfe 
king's  retuni  from  Newmarket;  and  at  that 
time  there  was  a  noMelord,  that  is  gone  now  to 
his  own  place,*  aS  will  attpear  by  the  eridence, 
that  furnished  them  witn  considerable  sums  off 
money,  for  tl^e  providing  men  and  srms  Ifk 
the  asSasBUiating  the  Idng  at  that  time ;  but  titfc 
assassinates  were  not  then  ready,  es  God  ftp- 
pomM  they  should  net  be  ready ;  aad  so  at 


525]      STATE  TRIALS,  S6  Cuaub^  1 

Ihm  timft  they  ware  cKnimQiihted.  Then  Hie 
genenl  vmog  wai  put  off  ml  qitoen  Elizabeth's 
Say,  whiph  wiU  open  jroiir  eyes  to  see  upon 
what  grounds  the  tomuhaous  meetings  were 
enoNiraged  in  the  city,  to  the  terror  of  all 
honest  men :  But  that  Hsing  was  abo  disap- 
pointed becaiue  some  of  the  conspirators  were 
not  ready  with  thmr  men  in  the  country.  And 
then,  gentlemen,  though  it  was  pressed  on  by 
the  pmon  I.  mention^,  he  then  thought  it 

Sfh  time  to  leave  these  confederates  to  them- 
?es.  Gentlemen,  afler  this  we  shall  trace 
them  in  their  aerenil  mee^higs  and  consuka- 
tions:  for  there  was  a  time,  that  thc^stmgvled 
with  themseli^es,  which  should  be  effected  nrst, 
whether  thev  should  first  kill  the  king  and  the 
duke;  pr  whether  they  should  first  rise,  and 
prosecute  him  in  an  <^en  rebeUion,  and  destroy 
nim  that  way.  And  the  course  of  our  evi- 
dence will  shew,  how  iB^;enious  these  men 
were ;  for  it  appears  there  were  men  of  great 
ingenuity  and  courage,  as  appears  by  the  pri- 
soner at  the  bar ;  and  they  would  discowse  of 
these  matters  in  phrases,  that  common  persons 
should  not  understand  them. 

Capt  Wulcot.  I  do  not  understand  yon. 

Att.  Gen,  I  speak  as  loud  as  I  can.  At 
their  meetings,  for  cutting  off  the  lung,  that 
<  was  the  executing  of  a  bargain  and  sale  ;* 
and  '  a  shorT  conveyance,'  to  come  to  their 
end.  The  raising  of  a  war,  that  was  under 
the  potion,  and  so  to  be  discoursed  of,  of  <  eze- 
« cttting  a  lease  and  rdease,  to  work  both  upon 
*  t|ie  possession  and  upon  the  reversion :'  and 
Qoider  these  mystical  terms  they  discoursed  of 
all  these  sulgects,  when  they  were  in  public 
places. 

Capt.  Waicot.  I  do  not  hear. 

AtL  Gen.  You  will  hear  the  witnesses,  and 
that  will  concern  you  more.  Then,  gende- 
men,  in  these  several  meetings  they  contri?ed 
to  allot  every  man  in  his  part ;  some  were  to 
provide  arms,  others  were  to  provide  men  to  do 
the  ezecotion,  which  was  last  resolved  upon  to 
be  at  the  Rye,  upon  the  king's  last  return 
from  Newmarket.  Gentlemen,  in  all  these 
parts,  which  I  hope  to  prove,  the  prisoner  will 
appear  tohave  apincipal  part  in  them  all :  in 
all  the  oonsuhations  and  advisings  for  the 
raising  men,  wherein  he  was  to  be  a  principal 
commander,  according  to  tlie  skill  he  hath  ; 
but  fin*  the  assassination  at  the  Rye,  Rnmbold 
was  to  conduct  the  men  hired  fiir  thatpurpose. 
Gentlemen,  accordingly  the  tnne  was  appomted 
for  his  majesty  to  come,  and  the  assassinates 
to  nteet  hm  tnere :  but  it  pleased  God,  that 
that  was  disappointed  by  a  miraculous  fire ; 
for  so  all  Englishmen  may  call  it:  and  whereas 
they  wire  to  go  down  on  Friday  to  Rumbold's 
house,  and  the  king  to  come  up  on  Saturday, 
the  fira  brought  him  to  town  on  Tuesday :  but 
BQtwithstanmnff  this  great  providence  to  divert 
tiiem,  Rnmbold  and  others  of  the  confiMleraftes 
VBSohred  to  go  on  with  it  still;  and  se?eral 
places  were  ^tpointed,  and  sef&nl  officers 
were  appointed  to  view  those  places,  either 
hetiTMDHamptoii'Caortaod  WmdMnr,  or  else 


to  do  it  at  the  Play-houses,  or  npen  the  Kiag** 
passage  firom  the  Play-house,  by  Bediord^wall 
at  Covent-Garden ;  but  if  tliese  should  fiul^ 
they  were  resolved  to  do  it  at  the  BuU-feasi. 
Gentlemen,  they  went  further;  they  provided 
arms ;  which  very  arms  oppoitimely  fell  iuto 
our  hands :  we  seized  those  very  arms  thai 
were  boufi^ht  fi>r  that  purpose  to  kill  the  king' 
and  the  duke.  We  shall  go  through  with  it  ; 
I  will  name  you  the  material  plains  of  their 
meetings,  that  so  you  may  understand  the  wit- 
nesses ;  4he  Green -Dragon  tavern  on  Snow* 
hill,  the  Salutation  tavern  in  Lombard-street, 
the  Angel  tavern  near  the  Exchange,  and  Mr. 
West's  chamber  in  the  Middle-Temple;  these 
were  some  of  the  principal  places,  though  they 
had  sevei-al  other  places,  wherein  aU  theee 
matters  were  consulted  and  transacted.  They 
had*  prepared  a  new  model  of  government,  and 
they  were  for  overturning  all,  as  all  these  po* 
liticians  do  ;  though  they  had  a  most  excel- 
4ent  government,  yet  they  had  a  better  in  their 
own  brains  ;  or,  at  least,  their  share  woukl  he 
greater  in  it,  as  all  rebels  have  a  prospect  of. 
GentlemeD,  for  the  other  parts,  we  shall  have 
less  occasion  to  give  evidence  of  now ;  for 
every  one  had  their  particular  part ;  some  for 
ihe  great  design  of  the  rising,  soi^  for  the 
killing  of  the  king,  whereof  that  gentleman^ 
the  prisoner,  was  one ;  and  there  were  other 
parts  assigned  to  others,  for  taking  and  sor* 
prisinj^  the  Tower.  We  will  call  our  witnesses, 
and  prove  all  that  we  have  opened,  and  make 
it  as  clear  to  you  as  the  Sun  shines :  such  e 
prodiffious  villainy  nothing  but  a  firebraad 
from  bell  could  kindle  in  men's  minds,  to  kill 
the  best  of  kings,  and  to  destroy  the  best  fiwne 
of  government.  Gentlemen,  I  do  not  question 
your  justice,  but  that  this  man  shall  pay  what 
IS  due  to  the  justice  of  the  kingdom. 

Seij.  Jefferies,  My  lord,  I  only  desire  to 
give  an  account  of  the  method  of  our  evideiioo. 

Capt.  Wakat.  My  lord,  I  desire  I  nnay  have 
the  favour  of  pen  and  ink. 

X.  C.  J.  That  youshall  have. 

Seirj.  Jefferies.  My  lord,  and  vou,  gentle* 
men  of  the  jury,  Mr.  Attorney  hath  abneedy 
given  you  an  account  of  the  design  that  was 
to  be  put  ia  execution  by  apprcel  of  evil  men, 
whereof  the  prisoner  at  the  bar  we  chaig^  to 
be  one.  We  shall  not  detain  tou  longer  with 
opening  the  nuOter,  but  beg  the  favour  of  die 
Court,  that  we  may  acquaint  you  a  little  with 
the  method  we  intend  to  follow  in  calling  4»mr 
evidence  for  the  king  against  the  prisoner  at 
the  bar.  In  the  first  p£oe,  my  loid,  we  will 
call  our  witnesses,  to  give  your  kurdship  and 
the  jury  satisfoction,  tMt  there  was  a  design  ia 
general,  and  that  that  design  was  first  intttded 
to  be  a  general  rising  over  all  the  kingdom  ; 
in  which  design  the  prisoner  at  the  bar  bad  a 
rety  considerable  share  ;  and  was  looked  upon 
to  be  a  very  proper  and  fit  person  for  the  ma* 
nagery  of  that  part  of  the  design :  for  other 
meetings,  and  at  what  plaoes,  Mr.  Attorney 
hath  srnady  opened  to  you.  We  will  thee 
oomete  more  particular  agieemtnta  that  wer» 

8 


5t5]  STATE TRIAL9i  35  Cit Atl^BS  IL  l£t3^>r  B^h  TWmmu 


teweenthefliy  inordertodi^CMrryiiigoii  thk 
admirable  good  worii,  aa  it  hath  been  truly 
stated,  for  Sie  destroctioiiof  the  best  and  most 
merciAil  of  kings,  and  for  the  destmction  of 
the  best  of  religions,  the  reUgion  of  the  Chnrch 
of  England.  1  take  notice  of  it,  because  all 
mesk  may  know,  the  most  of  these  persons^ 
nay  all  of  them,  concerned  in  this  heUish  con- 
spimcy,  were  dissenters  irom  the  Church  of 
Engfaiod. 

And  the  better  to  efiect  this  horrid  yiUainyf 
(I  am  sore  I  want  words,  and  so  does  any  man 
else,  to  express  the  baseness  of  these  crimes, 
the  better  to  effect  this  thing)  the  way  it  was 
to  be  done,  was  by  taking  off  the  king,  and 
by  taking  off  his  brother  too.    At  lengtn  after 
several  debates,  and  some  proposak  made  be- 
tween these  persons,  they  came  to  a  determi- 
nation,  and  an  actual  resolution,  to  take  off  the 
king,  and  his  royal  brother.    My  lord,  we  will 
prove  generally,  that  this  was  the  intent  of  the 
design,  or  the  Plot  in  general.    My  lord,  we 
will  tfaien  give  yon  an  account,  that  they  en- 
tered   into   sereral  consultations  for  a  new 
model  and  frame  (tf  government ;  for  they  in- 
tended to  set  up  the  people,  and  Uiev  had  even 
fixed  a  certain  superiority,  and  resolved,  as  all 
people  of  their  prmciples  have  a  mind,  acoord- 
mg   to  their  several  inclinations,  to  fix  the 
power  in  the  people ;  gentlemen,  an  old  tenet, 
that  bron^t  tne  King's  fother  to  that  untimely 
and  ho^d  end,  by  fixing  the  power  in  the 
people.    These  gentlemen  had  a  raind  to  insi- 
nuate and  engage  the  people,  by  fixing  the 
power  in  them,  and  saying,  that  public  pro- 
clamations were  to  be  maoe.   -And  after  this 
horrid  and  barbarous  murder  intended  upon 
the  king  and  the  duke,  there  wer^  dedarations 
10  be  made  in  the  names  of  such  and  such 
*  lords,  and  the  associating'  menabers  of  the  last 
House  of  Commons  ;  these  were  the  persons 
th«wgfat  fit,  in  whose  hands  the  power  of  the 
whole  inngdom  should  be  lodged.     Gentle- 
men, after  we  have  givon  you  an  account  of 
the  several  meetings,  then  we  will  come  to  the 
prisoner  at  the  bar,  and  prove  against  him,  tliat 
he  had  not  only  an  hauo-in  the  first  part  of  the 
plot,  about  the  rising,  but  he  was  also  to  be  one 
of  those  villains  that  were  to  murder  the  king  : 
•I  cannot  express  myself  in  more  moderate 
lermsy  and  I  am  sure  no  roan  can  blame  me 
that  hears  the  proof.    Gentlemen,  when  we 
have  thus  given  yon  this  evidence,  I  hope  we 
shall  satisfy  the  Court,  and  all  mankino,  that 
persoiM  that  have  been  thus  guilty,  under  pre- 
tence of  religion,  or  under  any  other  pretence 
whataotver,  are  fit  objects*  of  the  severity  of 
hmmm  lawn.    If  we  prove  against  the  prisoner 
at  the  bar^  that  he  had  an  hand  in  this  horrid 
coaopiraay;  1  make  no  doubt  but  you  will  shew 
yoarselves  to  be  Englishmen,  loyal  men,  and 
overtake  all  men  that  thirst  after  the  king's 
Mood. 

SoiicUor  General.'  (Mr.  Finch.)  Gentle- 
mcD,  we  will  call  our  witnesses;  and  as  no  man 
can  doobt,  but  the  murder  of  the  kine,  that 
file  de9i*£fo,  would  havo  been  seconded  by  a 


I  [5^6 

power  to  back  that  horrid  viUauiy;  toweshall 
shew  TOO,  that  this  jifentleman  wasoonoefned 
in  both  parts,  in  the  uninediate  assassination  of 
the  long,  and  the  raising  of  arms.  We  need 
not  go  about  to  ffive  you  an  history  of  the  thing 
any  other  way  Sian  m  applyinj^  it  to  this  per* 
SOU)  for  there  is  no  part  of  this  conspiracy  ho 
can  clear  himself  fitom,  and  all  the  evidence 
that  speak  of  this  design,  speak  of  this  man  aa 
a  chief  actor  in  it. 

Att  Gen.  Call  col.  Rnmsey.  [Who  was 
sworn.] 

SoL  Gen.  Col.  Rumsey,  Pray,  give  my  lord 
and  the  jury  an  account  of  what  you  know  of 
the  prisoner  at  the  bar,  whether  he  were  con- 
cerned, dther  in  rebtion-  to  the  murder  of  the 
kinsf,  or  the  raising  arms. 

£.  C  /.  Mr.  luimsey,  raise  your  voice  so* 
audibly,  that  you  may  be  heard. 

Col.  Itunuey.  The  first  meeting  I  had  with 
this  gentleman  was  at  Mr.  West's  chunber. 

Att.  Gen.  Before  you  begin  to  tell  of  your 
meeting,  oive  an  account  of  any  rising  that 
you  heara  of. 

CoL  Rum$ey.  Sir,  about  the  latter  end  of 
October,  or  the  b«finning  of  November,  I  was 
with  my  lord  Shaftesbury  late  at  mffht,  and  ho 
told  me.  That  the  duWe  of  MonmouUi,  my  lord 
Russel,  my  lord  Grey,  and  sir  Thomas  Arm- 
strong', were  at  one  Mr.  Shepherd's  house, 
near  Lombard-street.  He  desired  me  to  go  to 
know  what  they  had  done  about  the  raisinff 
arms  at  Taunton.  I  did  go,  and  Mr.  Shepherd 
carried  me  up  to  them,  and  they  told  me.  That 
Mr.  Trenchard  had  failed  them  about  the  mcii» 
and  they  could  proceed  no  further  at  that  time. 

L.  C.  J.  What  Shepherd  was  this  ? 

RumM.  Mr.  Shepherd,  the  merchant,  near 
Lombanf-street,  one  Mr.  Thomas  Shepherd. 
And  so  I  came  to  my  lord  the  next  day,  and 
told  him  of  it ;  and  then  he  made  his  prepara* 
tioo  to  begone  for  Holland. 

L.  C.  J.  What  discourse  had  yon  with  my 
lord  Shaftesbury  thereupon  ?  What  did  he  say  ? 
What  made  yOu  believe  he  made  preparatioo 
to  be  gone  ? 

Rumtey.  MyUord,  he  said  there  was  no  de«* 
pendence  upon  those  gentlemen  that^'met,  and 
ne  would  leave  England.  After  that,  a  fort* 
night  or  three  weeks,  there  was  a  meeting  ona 
day  at  Mr.  West's  chamber,  and  there  was 
Mr.  West,  and  Mr.  Goodenough,  and  Mr. 
Wade,  and  somebody  else  there  was,  but  I 
cannot  remember  his  name.  Captain  Walcot 
was  in  Holland  then.  There  it  was  proposed 
nothing  was  to  be  done  by  a  general  rising  ; 
but  there  was  no  surer  way  thwi  to  take  off  the 
king  and  the  duke  ;  and  that  to  that  intent  and 

Kurpose  they  could  not  carry  it  on  without 
Ir.  Ferguson  ;  and  so  he  was  writ  for  into 
Holland  ;  and  he  came  out  of  Holland  upon 
that  letter,  and  captain  Walcot  with  him.  After 
Mr.  Ferguson's  coining  back  from  Holland, 
there  jras  very  suddenly  a  meeting  again,  and 
then  it  was  concluded,  that  nothing  was  to  ba 
effected  without  taking  off  the  kmg  and  the 
duke,  or  to  that  purpose.    Mr.  Ferguson  was 


5S71      STA1«  TR(AL8,  35  CBAmLBS  IT.  l6tS.^rrlal  of  TtomoM  WOeai,      [63ft 

notatthatnMiafif.  Hwm  were  two  or  time 
nwBOtings  before  eaptaio  Walcot  was  tlMre,  to 
find  om  men^  aiid  Ibey  could  not  find  out  a 
unmber  of  men,  without  which  Mr.  RnmboM 
woald  not  undertake  it.  So,  about  three  or 
four  meetings  after,  captain  Waloot  came ; 
and  be  waa  resblred  at  last  Id  join  in  the  matter ; 
but  he  would  not  have  any  hand  in  attacking 
the  coach,  but  be  would  command  a  par^ 
that  should  charge  the  guards. 

L.C.J.  What  did  hesayp 

Rumsey.  He  would  not  meddle  with  the  king 
In  the  coach,  but  he  would  command  a  party 
that  diooM  ohafge  the  guards  that  came  along 
with  him. 

Ati,  Oen.  After  what  manner  was  it  settled 
that  it  should  be  done  ? 

Rumsei/.  There  were  sereral  parties;  one 
small  party  was  to  have  killed. tne  posnlion, 
another  to  kill  the  horses;  and  Mr.  Rumbold 
with  a  certain  number  to  seiae  the  ooaeh-,  and 
eapt  Walcot  the  guards. 

Att,  Oen.  Where  was  it  to  be  done  ? 

Rumsey ,  At  Mr.  Rumbold's  bouse. 

L.  C.  X  Where  is  that  ? 

JRunmy.  Near  Hodsdon.  *  , 

L.  C.  J,  For  what  purpose  was  Mr.  Rum- 
'b(M  and  those  other  men  to  attack  the  ooaoh  ? 

Runuey.  To  murder  the  king  and  the  duke. 

X.  €.  J.  How  was  it  designed  to  be  done, 
by  pistol,  or  how  f 

Rumsey,  By  blunderbusses,  and  if  they  miss- 
ed, then  swords.' 

Att.  Gen.   Did  they  gire  any  dirediovs 
,  vbout  preparing  arms  ? 

Rkmsey.  When  that  time  iailed,.  after  the 
ftre  fell  out  at  Newmarket 


*  Of  this  House  is  given  at  the  end  of  Sprat's 
History  what  is  called  **  aparticolar  account 
of  the  situation  of  the  Rye  House,"  as  follows: 
^  *'  The  Rye- House  in  Hertfordshire,  about 
eighteen  miles  from  London,  is  so  calM  from 
the  Rye  a  m<»dow  near  it.  Just  under  it  there 
is  a  by-road  from  Bishop'b-StriRford  to  Hod- 
desden,  which  was  constantly  used  by  the 
kJag  when  he  went  to  or  from  Newmarket ; 
the  great  road  winding  much  about  on  the 
right-band  by  Stansted.  The  house  is  an  old 
strong  building  and  stands  alone,  encompassed 
with  a  mote,  and  towards  the  garden  haa-high 
walls,  so  that,  twenty  men  mi^t  easily  defend 
it  for  some  time  against  five  hundred.  From  a 
high  tower  in  the  house  all  that  go  or  come 
may  be  seen  both  ways  fbr  near  a  mile's  dis- 
tance. As  you  come  from  Newmarket  to- 
wards London,  when  yon  are  near  the  house, 
you  pass  the  meadow  over  a  narrow  cause- way, 
at  ^e  end  of  which  is  a  toll-gate,  which  having: 
aalered  you  go  througii  a  yaid,  and  a  little 
field,  and  at  ^e  end  of  that  through  another 
gate  you  pass  into  a  narrow  lane,  where  two 
eoaehes  at  that  time  could  not  go  a-breast. 
iThis  narrow  passage  had  on  the  left  hand  a 
tikick  hedge  and  a  ditch,  on  the  right  a  long 
fanffe  of  building  used  for  corn-chambers  and 
MMaa  wkh  sereral  doom  and  wiudows  looking  i 


J 


X.  C.  J.  When  vaa  thii  to  be  dmw? 

i^imttey.  When  the  king  retiamad  finooa 
Newmarket. 

L,€.J.  About  what  time .' 

Rumtey.  The  Saturday  before  Easter. 

L.  C.  J.  I  don't  ask  you  the  day ;  but  waa 
it  when  the  kmg  was  lant  at  Newmarket,  or 
before?  ■ 

Ruimty.  Last  at  Newnaricet. 

L.  C.  J.  When  he  was  last  at  Newaurket, 
in  his  i^etUm  from  Uienoe  ? 

Rumaey.  In  his  return  from  thcnee. 

L.  C.  J.  Whereabouts  P 

Rumm.  At  Rumbold'a  house,  which  w 
near  HoMou. 

X.  C.  J.  In  Hertfordshire  ? 

Rumsey.  In  Hertfonlshire. 

X.  C.  J.  And  you  say,  thoae  aiethoda  were 
chalked  out  by  them,  that  Rumbold  and  some 
odiers  were  to  attack  the  coach,  others  to  kfll 
the  postilion,  others  to  kill  the  horses;  aod 
4iis  ffentleman,  with  a  commanded  party*  was 
to  fiiH  upon  the  guards  ?    You  say  tnis  r 

Rumsey.  Yes,  my  lord. 

Capt.  Walcot.  I  would  beffleave,  my  lord— 

X.  C.  J.  SUy,  Captain  Walcot,  you  dnU 
have  leave  to  alsk  him  any  thing  by  and-by  ; 
but  you  must  irst  let  the  umr's  counsel  hava 
done  with  him.         .  ^ 

Ait.  Gen.  I  would  ask  you  what  you  Jomht 
of  a  design  at  aay  other  time? 

Rumsey.  I  do  know  nothing,  I  heard  by  Mr. 
West,  but  I  kaew  nothing  berore. 

X.  C.  J.  About  what  time  was  this  resolu-* 
ktion  taken  up,  aa  near  as  you  can  ?  I  aak 
neither  the  day  nor  the  week,  but  abopt  wini 
month? 

Rumsey.  The  beginning  of  it  was  in  Fe* 
Inruary. 

X.  C.  J.  LastFebmary? 

Rumsey.  Last  February.  Mr.  Ferguaso, 
and  captain  Walcot,  came  to  this  town  Ufon 
Ash-Wednesday. 

Ser).  Jefferies.  l^liat  othev  mectiiiga  wtru 
you  at.  Sir  ? 

Rumtey.  This  was  the  first,  when  the  pri* 
soner  at  the  bar  came  in.    The  first  tioM  waa 

into  the  road,  and  before  it  a  pale,  which  then 
made  the  passage  so  nanow,  but  is  siacc  re* 
moved.  When  you  are  past  this  long  buildings 
you  go  by  the  mote  and  the  garden  wall,  tfaSi 
18  very  strong,  and  has  divers  holes  in  itHiraagb 
which  a  great  many  men  aught  about.  Along 
bv  the  mote  and  wall  the  road  continues  to  tlia 
Ware-river  which  runs  about  twenty  or  thirty 
yards  from  the  mote,  and  is  to  be  paafe  br  n 
bridge.  A  sosail  distance  fVom  tboice  another 
bridge  is  to  be  past  over  the  New-river.  la 
both  which  passes  a  few  men  may  eppooa 
gr^  numbers.  In  the  outer  eourt-^jwd, 
which  is  behind  the  long  building,  a  eonaulcr* 
able  body  of  horse  and  foot  might  be  drawn  i^ 
unperceived  fh»m  the  road;  whence  they 
might  easily  issue  out  at  the  same  thne  wta 
each  end  of  the  narrow  lane,  which  waa  nlaala 
be  stopt  up  by  overturting  a  cut.'' 


St9] 


STATE  TMALS^  95  CHAUBfl  II.  iS^S.-^for  tSgh'Tirmtm.        [BSO 


at  Mr.  Wert's  diwibar,  where  h^  canie :  th^te 
it  was  consideredaod debatetd! 

S^rj.  Jeffkries,^ery  well,  you  say  that  was 
the  first  time  capt.  Wakoot  came  in  ? 

JUuMfy.  It  was  at  Mr.  West's  chamber : 
ftaa  was  before  the  king  came  fnuii  New- 
market that  thev  were  to  do  this,  and  tne  Dum- 
ber of  men  oouid  not  be  gc|  resdy ;  so  there 
were  sereral  meetings  afterward  at  Mr.  West's 
<Aamber,  to  consuh  whether  they  could  raise 
the  number  they  resohredupon,  and  there  were 
sates  brought  by  Mr.  Goodenough,  and  Mr. 
Rwnboldy  m  maoy  names,  I  cannot  say  who 
ebe  brought  notes  of  the  men*s  names,  to  see 
that  they  might  not  be  deceived  in  the  num- 
ber ;  and  that  time  captain  Waloot  was  there, 
and  did  undertake  to  £[o  to  Mr.  Rumbold's 
boose ;  and  I  think  did  go  down  to  the  Tery 
phoe. 

X.  C.  J.   Look  you,  l£r,  Was  there  any 
number  of  men  insisted  upon  for  doing  this- 
riUai&y? 

Rums^,  Capt.  Rumbold  did  insist  upon  50 
men. 

L.  C  J.  But  capt.  Waloot,  How  many  was 
be  to  have? 

Kumteyu  It  was  not  dirided  to  a  perfect 
BBffiber. 

8eij.  JefferUs,  What  other  meetings  were 
yea  at  with  captam  Wafeot? 

RtanstM.  I  was  at  the  Salutation  with  him, 
and  the  Green-Dragon  with  him. 

Seij.  Jefferies.  Where  is  that  ? 

Rttna^.  The  Green-Dragon  on  Snow-hill. 

Serj.  Jefferies.  Where  is  the  Salutation  ? 

Rumsetf.  In  Lombard-street. 

Serj.  J^ffferiei.  Now  tell  what  disoourses  you 
had  there  ? 

Rvm$^,  That  was  about  dividing  the  city 
into  80  parts,  to  see  how  many  men  could  .be 
ruaed  out  of  every  part,  and  they  were  to  be 
divided  into  fifteenths,  sdmI  every  man  to  lead  a 
fifteenth,  that  they  might  not  be  at  a  loss. 

Att,  Gen.  Who  was  intrusted  with  this  to 
4*it? 

RMntey,  Mr.  Goodenough,  Mr.  West,  and 
Mr.  Wade. 

An.  Gen,  What  account  did  they  give  of 
what  they  bad  done  ? 

Runuey.  Mr.  Goodenoug'h  gave  an  account 
of  7  |iftrt8  of  the  20,  and  said  out  of  them  would 
be  raised  S,000  men,  and  made  an  estimate,  that 
the  other  13  would  not  raise  above  as  many 
more;  for  those  were  the  noiost  considerable 
parts,  as  Wappti%  and  South wark. 

Seri.  Jefferies,  Mr.  Rumsey,  pray  what 
censnitation  had  you  afterward,  and  vrhat  was 
done  after  ? 

I*.  €.  J.  Pray  let  us  go  on  a  little  gradatim. 
What  was  the  reason,  that  this  was  not  effected 
whm  the  ki^  returned  from  Newmarket  ? 

Rumtey,  The  fire  happened,  and  brought  the 
king  sooner  from  Newmarket  than  the  men 
eoQid  be  got  ready. 

L.  C.  J.  Was  there  a  day  appointed  for  the 
dsidethts?  Had  yoa  a  prospect  wh^  the  king 
woidd  return? 

VOU  IX, 


Runmy,  Yes,  it  was  commoaly  talked  thai 
St  w&uld  he  the  Saturday  before  £aster,  but  hs 
came  on  the  Tuesday  before. 

L,  C.  J.  Then  give. us  an  aecomit  how  thai 
deugn  was  disappointed  at  that  time* 

Rumfey,  The  fire  happened  in  Newraaricet^ 
and  the;^  were  all  in  confusion^  and  couki  not 
get  their  men  ready  by  Tuesday;  the  new* 
came  upon  Friday  to  town. 

L,C.J.  Of  the  fire? 

Rumsey,  Of  the  fire,  and  there  was  a  meel^ 
ing.  Mr.  .Ferguson  lodged  then  in  Gerent^ 
Garden,  and  sent  to  severel  to  come  to  him,  to 
see  if  men  cohM  be  got  together  against  Tues- 
day,  when  the  king  was  to  come  in ;  and  Jt 
could  not  be  done,  and  it  was  laid  aside  wr 
that  time. 

Ait.  Gen.  Upon  that^  what  resdlutinn  wat 
taken? 

Rumsey.  Then  they  bad  a  roeetingi  and 
Ferguson  was  not  there,  there  was  capt  Wal- 
cot,  Mr.  West,  and  Mr.  Goodenough  t  this  waa^ 
isomediately  after  this  disappointment :  - 1  am 
not  certain  whether  it  was  in  Mr.  West's  cham«. 
her ;  and  that  Aere  might  no  accident  happen 
afterwards  to  hinder  it,  it  was  resolved,  tnat. 
money  should  be  raised  for  the  buying  of  arms ;. 
and  llr.  Ferguson  undertook  to  raise  money  to 
buy  arms,  and  Mr.  West  did  undertake  to  prp« 
vidn  them.  • 

Att,  Gen.   Who  undertook  to  provide  men  t 

Rumsey.  Mr.  Goodenough  and  ^^T.  Rum' 
bokl. 

L.  C.  J.  Look  you,  colonel  Ramsey,  after 
this  disappointment,  wheu  thts^n^ln^eting^ 
was,  had  you  any  further  design  upoq  the 
kin?  then  ? — Rumsey,    Yes,  my  lord* 

X.  C.'J.   Give  ustsome  account  of  that* 

Rumsey.  It  was  to  be  done  a  commg  frem 
Windsor  to  London,  or  from  Windsor  to 
Hampton  Court,  or  the  Play-house;.  ai4 
therefore  that  arms  should  be  ready  againsi 
any  opportunity  that  should  happen,  let  it  be 
what  it  would :  and  Mr.  West  did  undertake 
to  provide  arms,  and  he  told  me  he  bought 
them,  and  did  not  get  his  money  in  six  or  seven 
weeks  after.  A  day  or  twa  after,  goinff  to  Fer- 
guson,  he  told  him  now  he  might  have  his 
money,  if  he  would  send  a  note  to  major  Wild- 
man  ;  but  after,  he  was  told^  that  ma|or  Wild- 
man  would  not  pav  it  by  note,  but  he  must 
send  Mr.  Rumbold  to  him  for  it ;  for  he  would 
trust  nobodv  else  but  him*  And  so  Mr.  West 
did  send  Mr.  Rumbold,  and  he  was  there  at 
his  house  by  six  o'clock  in  the  morning,  but 
he  was  gone  out  of  town  an  hour  before ;  so 
Mr.  West  went  to  Mr.  Ferguson,  and  he  then 
told  him,  that  he  should  liave  money  in  two 
or  three  days,  if  he  would  come  to  him ;  and 
Mr.  West  did  go  to  him,  and  he  paid  him  100/. 

Att.  Gen.  Was  there  any  provision  made 
for  a  rising  now  again  ? 

Rumsey.  Yes,  this  general  rising,  by  this 
division  of  the  city,  was  intended  to  he  ready 
against  the  first  opportunity  that  happened. 

Att.  Gen.  Berore  this  discovery,  did  you 
keep  up  these  meetings  i 


u 


53 1]  /    STATE  TRIALS,  55  Ch ahlbs  II.  l6B3.— Trbl  oj  Tlmm  Wak^,      [iS'Z 


Sol,  Gen.  When  was'your  last  time? 
•;  Rumsey.  My  lord,  I  think  it  was  the  very 
Thursday  betoi^  the  discovery;  but  then  on 
Friday  or  Saturday  we  had  inklings  that  this 
was  discovered,  and  did  meet  4it  the  George 
upon  Ludeate-hil).  / 

L,C.J:   Who' met  then? 

Runuey.  I  think  it  was  the^ery  Tliursday 
before ;  I  am  not  yery  certain ;  we  met  at  ;the 
Salutation  in  Lombard-street,  and  there  was 
captain  Waloot,  Mr.  West,  Mr.  Wade,  the  two 
Goodenoughs,  and  Mr.  Neltbrop,  and  myself. 

Att.  Gen,  What  did  it  come  to,  jffvyy  what 
was  your  discourse  then  and  resoluUon  ? 

Runuey,  The  resolution  was  still  to  carry 
it  on.  We'went  thither  to  know  of  Mr.  Good- 
enough  what  was  done  about  the  other  thirteen 
Itorts ;  he  told  us  he  had  no  aoconnt,  but  he 
said,  he  thought  he  should  have  a  meeting  on 
fifaturday  in  the  afternoon  at  Ludffate^hill,  at 
the  George,  to  have  his  answer ;  but  the  dis- 
covery comiag,  there  £d  only  ooeet  Mr.  Nor- 
ton, Mr.  Bourne ; — there  vras  another,  I  don't 
know  who  the  other  was ;  there  was  a  fourth. 
■Att,  Gen»  Mr.  Rumsey,  pray,  after  the 
di866very,  what  did  you  r^olve  upon?  What 
meetingB  hadyou  upon  your  flight  P 

Rum$ey.   We  met  at  captain  Tracy's. 

Aft,  Gen.   What  day  was  that? 

Runuejf.  That  was  upon  the  Monday  after 
&e  discovery. 

Seij.  Jtf/.   Who  WM  there? 

iKumseyi  Thera  was  captain  Waloot,  Mr. 
Wiest,  Mr.  Wade,  Mr.  Nehhrop,  the  two  Qood- 
^onghs,  anfl  Mr.  Femson. 

Att,  Oen,  What  did  you  discourse  of  there  ? 

ittimtejr.  There  was  ezclaiming  against  Mr. 
Keeling,  and  taking  resolutions  to  bejAMie. 
.  L.C,J,   Mr.  Keeling!  What  was  Keeling? 

Rumtey,  lVIr.  Keeling  was  he  that  made  the 
discovery. 

Serj.  Jeff'.    Have  you  ever  been  in  Keding's  ' 
company  ?  I 

Rum$etf.  I  was  that  time  we  met  at  the  8a-^  I 
Intation  {  he  came  in  tliere  for  a  quarter  of  an 
hour. 

L:  C.  J.  Look  yon,  Shr,  do  you  know  capt. 
Walcot?  Are  you  liure  it  b  that  gentleman  at 
the  barf — Rumtey,   Yes,  my  lora. 

X.  C.  J.  Hath  he  owned  always  the  name 
ofWalcotP— jRvniK^.    Yes,  my  lord. 

L.  C.  /.  What  did  he  say  to  Mr.  Keeling, 
when  be  came  to  the  Sahitation  P 

Rumsey.  There  was  in  that  very  day's  Ga- 
sette  a  tifori  of  the  rising  at  Cofe^pw,  and  one 
ChiUck  that  headed  them;  and  said  Mr.  West 
to  Keeling^  he  should  be  our  Gidick. 

Att,  Gen.  Fray,  how  did  he  interpret  it  at 
that  time? 

Rwmsey.  Mr;  West  said,  that  Gulick  was 
Keeling,  Gru  was  Keel,  and  lick  wasing. 

8erj.  Jeff   A  quirk  upon  his  name. 

Att.  Gen.  When  you  resolved  to  fly,  had 
you  any  discourse  of  making  a  stand,  and 
ngkting  the  goivernment  then  ? 

Rutmey.  Not  that  I  know  of,  I  was  not  all 
thfttine  with  them. 


.  X.  C.  J,  Look  yoiiy  colonel  Rumsey,  let 
me  ask  you  this :  nbat  was  Keeling  to  do  P 
Was  there  any  poet  assigned  to  Keeling  in 
this  ? — Rumtey.    1  never  saw  him  before. 

X.  C,  J.  How  long  was  it  beibre  the  dis- 
covery that  yon  did  see  him  ? 

Runuey.   The  Tliursday  before. 

X.  C.  J.   At  the  Salutation  tavern  ? 

Rttms^,    Yes :  he  was  there  called  Gulick. 

Serj.  Jef.  If  captain  Walcot  will  ask  hhn 
any  questions,  he  may. 

X.  C.  X  Look  you,  Mr.  Walcot,  now  joa 
may  ask  col.  Romsey ;  tdl  me  what  questions 
you  would  have  asked,  and  I  will  ask  him. 

Capt.  Walcot.  I  desire  colonel  RumsW  mar 
be  asked,  Whether  I  ever  met  at  Mr.  Westv 
chamber,  till  after  hb  majesty's  return  from 
Newmaiket  ? 

X.  C.  X  Look  you.  Sir,  you  bear  the  ques- 
tion ;  it  is.  Whether  ever  Mr.  Walcot  met  with 
Mr.'  West,  till  after  the  king's  return  from 
Newmarket?— Rumsey.  TiU  after? 

X.  C.  X   Till  aftor  the  king's  return: 

RuTfiiey.    Yes,  S^. 

Capt.  Walcot,  My  lord,  I  baye  suflicieiii 
evidence  agabst  that. 

Seij..  Jm-  I  think  that  he  was  to  nndertaks 
the  Guarofi;  that  was  before  the /king  came 
fitmi  Newmaricet 

X.  C  X  He  hafli  given  tins  evidence.  He 
was  ibere,  and  he  would  not  attack  the  coach ; 
he  would  not  meddle  with  the  king,  but  he 
would  fall  upon  the  Guards. 

Capt.  Walcot,  Shall  1  npeak  a  word,  mr 
loid? 

X.  C.  X  Look  yon,  I  will  tell  ^ou,  you 
shall  have  your  anfRvers  to  these  things ;  yoa 
have  pen,  ink,  and  paper.  /  \ 

CMt.  Walcot.  But  I  haye  a  bad'  fnemery^ 
and  1  am  afraid  I  shall  ibrget  thb  yenr  thinfc. 

Serj.  Jdf.   I  hope  the  jury  will  not  jorget  it. 

X.  C.  J.  Look  you,  Mr.  Walcot,  we  muse 
not  admityou  to  break  in  upon  the  king's  evi* 
deuce.  When  that  b  heard,  you  shall  hav» 
your  liberty  to  make  your  answer  to  any  thing, 
and  call  any  tvitness. 

Rumsey.  My  lord,  I  will  give  one  instance 
more:  there  was  one  meeting  at  the  Five  Befla 
in  the  Strand,  where  there  was  only  Peiyieimy 
captun  Rombold,  Mr.  West,  Gooiwnou^,  and 
myself:  and  Mr.  Feipison  told  us  that  ntglit^ 
that  captain  Wabot  would  come  the  next 
meeting  we  had  at  Mr.  West's  chamber. 

X.  C.  X  Then  captain  Waloot  was  not  witb 
you  at  the  Five  Belb? 

Runuey.  Mr.  Fei^guson  told  us  he  would 
come  in  the  next  time  at  Mr.  West's  chamber, 
and  there  he  did  come. 

X.  C.  J.  And  thai  vras  before  the  Idnf  went 
to  Newmaiket.  Pray,  Sir,  answer  thm.  Wan 
this  befoffrthe  king  went  to  Newmarket,  or  netf 

Rwfttey.  No,  my  lord,  thb  was  when  lie 
was  at  Newmarket ;  for  the  kipg'was  at  Ne«r- 
maritet  when  he  and  Mr;  Ferguson  came  fnm 
Holland,  the  king  was  then  at  Newmarket. 

Serj.  Jeff..  Now  we  wiU  <^l  Mr.  KeeiSli|^ 
(Who  was  sworn.) 


535J 


STATE  TRIALS,  35  CfiAHtES  11.  l6^.^for'BighTna$<m. 


Ait.  Gen.   Prey,  will  yoo  acquaint  my  lord, 
«Dd  the  jury,  what  you  um>w  of  these  conspi- 
vaciea  toachiiig  this  man. 
^  Kgeiimg.    l^me  time,  my  lord,  before  the 


went  to  Newmarket,  1  was  at  the  Sun- 
TiTern,  and  in  compaoy  with  Richard  Rum- 
bold,  Richard  Goodenongh,  and  some  others. 
GoodeiMNigh  calls  me  forth  of  the  room,  and 
asked  me,  what  men  I  could  procure  ?  I  asked 
Urn,'  Ibr  what  purpose  ?  He  said,  to  go  down 
towards  Newmarket.  I  asked,  for  what  end  ? 
He  aid.  To  kill  the  king,  and  thb  duke  of 
York.  I  told  him,  I  thought  none.  Before 
the  king  caine  from  Newmarket  be  renewed 
Ilia  qoestion  to  me  again  several  times :  I  had 
in  the  interim  some  discourse  with  Burton 
and  Thompson.  Burton  told  rob,  That  Baiber 
wonkl  be  concerned;  and  he  also  told  me, 
Thompson  wonld.  The  Saturday  after  the  fire 
happened  at  Newmarket,  Rumbold  came  down 
ID  m]r  house  on  thd  Friday,  the  day  that  tlie 
news  w«s  of  the  fue^  the  day  that  he  commonly 
esme  to  town,  he  came  to  my  house;  it  was 
en  the  Friday,  to  see  those  men  I  oould  pro- 
core,  and  he  desired  to  see  them  on  the  mor- 
row, which  was  the  Saturday  before  the  king 
returned.  The  Saturday  idler  the  fire  I  went 
imo  London,  and  met  Blr.  Rumbold  that  day 
at  the  Ejcchange,  and  he  then  put  me  in  mind 
of  the  matter  j^;ain.  1  did  go  to  Barton  and 
Thompson,  and  Barber ;  tlie  place  appointed 
an  Saturdar  was  the  Mitre-TaTem,  at  the 
comer  of  Doke-place,  whhin  Akigate.  He 
dkl  meet  there,  where  thore  was  some  dis- 
course happened  tendbig  to  that  matter  fay 
Rumbold ;  the  substance  of  which  was,  .Whe- 
^  ther  they  were  willing  to  go  down  ?  i  think  he 
caOed  the  place  by  the  name  of  The  Rye, 
that  is  his.  house;  there  bang,  says  he,  no 
greater  conveniency  than  in  that,  I  believe 
scarce  in  England,  for  the  executing  such  a 
design,  bebg  an  house  Very  intire  to  itself,  and 
1^^  remote  from  neighbours,  b^kies  the  ad- 
Yaniage  that  belongs  to  it  of  a  court  or  wall. 
And,  among  <Aher  discourse,  this  was  an  aigu- 
raemt  to  prevail  with  those  persons :  for,  saith 
he,  it  win  be  a  keej^ing  one  of  the  command- 
ments, to  JuD  the  king  and  the  duke  of  York ; 
for,  Bitys  he,  if  that  Se  not  done,  there  will  be 
ethetwise  a  ffreat  deal  of  bloodshed  committed. 
He  also  tola  us  the  way  that  he  designed  to 
effect  this  at  his  house ;  That  he  had  a  conye- 
nienr^  for  omr  horses ;  and  that  there  would  be 
so  many  to  shoot  at  the  postilion  and  the  horses; 
and  there  wonld  be  so  many  appointed  at  the 
esacli,  and  so  many  men  to  attadc  the  guards; 
and  if  there  was  a  milure  in  shooting  the  coach- 
horses,  that  then  there  should  be  men  in  the 
habit  o£  ooontry-men,  with  a  cart  in  the  lane, 
and  they  shoufi  ran  this  cart  athwitrt  the  lane, 
and  so  atop  the  coaeh.  I  believe  there  might 
he  same  otner  parUcnlars,  which,  at  present,  I 
do  net  remember.  From  thence  we  went  to 
the  Eitchanffe«  and  there  we  met  in  the  atlec- 
nosnatlhelMdbin-Tavern  in  Bartholomew- 
lane;  theve  was  Rumbold,  West,  Goodenough, 
uA  HflOA  Hm  j<Miier.    And  after  wa  bad  bM 


[534 

there  a  little,  West  asked  Rmnbold,  Whether 
he  heard  the  king  would  come  home  that 
night?  He  said,  Yes,. he  heaird,  so; 'but Mid 
West,  I  believe  he  won't  come  till  Monday, 
and  I  hope  he  won't  come  till  Saturday ;  for 
that  was  the  day  appointed  to  go  down  to  the 
Rye,  to  meet  the  king  and  the  dake  of  Yoi^. 
said  Rumbold,  I  hope  they  will  not  come  till 
then:  But,  said  West,  if  they  do  come.  How 
many  swan-quills  must  you  haye  ?  How  many 
goooe-qoills  ?  And  how  many  crow-euills,  witn 
sand  and  ink,  must  yon  have  f  Said  they,  six 
siran-quills,  twenty  goose-quills,  and  twenty 
or  thirty  crow-quids.        *    '  '  ^ 

L,  (X  J.  Explain  that. 

Keeiing.  I  am  coming  to  it.  I  a^ed  West 
or  Rumbold,  or  both  en  them,  what  they  in- 
tended by  it  ?i  They  toid  me  swan-quills  veers 
blunderbusses,  goose-quills/  muskets,  and 
crow-oyilla  were  pistols,  sand  and  ink,  powder 
and  bmlet.  Hiis  is  all,  my  lord,  as  freniember 
in  general  as  to  the  design. 

£.  C.  X  What  can  you  say  oonoeming  the 
prisoner  at  the  bar? 

KeeHng.  I  was  at  the  Salutation-Tayam, 
and  captahi  Waleot  was  there ;  and  when  I 
came  w,  thefs  Iras  some  person  called  m9 
Culing,  and  'I  a  little  stranged  at  it,  not  know- 
ing the  meaning,  ^ys  1,  gentlemen,  What 
do  you  design  by  it  ?  Says  one,  here's  a  ffood 
health  to  our  English  Ouling.  ,Says  West, 
CttKng  in  Dutch  is  Keeling  in>  English.  And 
says  Mr.  West,  1  hope  to  see  Mr.lKeeling  at 
the  head  of  as  good  an  army  in  Wappiiug,  as 
Cnling  is  at  Collen^  1  suppose  captain  Waleot 
remembers  it  yery  welt  I  can  say  no  more. 
Sir,  to  the  prisoner  at  the  bar ;  I  remember  not 
to  have  seen  him  any  other  time  upon  this 
design. 

Seij.  Jef.  Would  the  prisoner  at  the  bar  ask 
him  any  qoestions  ? 

Capt.  Waleot.  My  lord,  I  don't  remember 
any  such  ^ing.  Ir  you  please,  my  lord,  to 
ask  him,  whether  I  call'd  him  Culing,  or  said 
any  thing  more  or  less  to  him. 

Keeling.  I  don't  say  you  did,  biit  you  ^fvera 
by,  that  1  say. 

Seij.  Jeff.  I  think,  Mr.  Keeling,  yoa  wer^* 
ike  person  that  made  the  discovery ;  give  an 
account  of  it  for  the  satisfaction  of  toe  world. 

L.  C.  J.  Upon  what  occaskm  did  you  re- 
veal this? 

Keeling.  If  your  lordship  please,  I  will  give 
you  an  account  There  was  somethinif  Mp- 
peo^  before  that- time.  Some  time  before  this 
thing  was  discovered,  Goodenough  came  down 
to  my  house,  and  1  went  with  him  to  drink  a 
dish  of  cofiee,  and  there  was  in  company  with 
him  Richard  Rumbold,  and  his  brother  William, 
that  I  believe  Mr.  Waleot  knows ;  and  when 
we  were  by  ourselves,  he  pulls  out  some  papers 
out  of  bis  pocket,  and  gave  me  one.  I  asked 
him  what'he  meant  He  told  me  he  had  di- 
vided the  aty  and  suburbs  ifflo  twenty  parts/ 
and  there  were  three  divisions :  and,  says  he, 
yen  know  the  persons  better  than  1,  and  who 
yancaa  traat  wift  it    One  is  yoimelf,  and  f 


no 


tlie  king  Uxaa  Wincisor  t9  Hampton-Court,  but 
ft  was  to  be  at  the  bull- feast.  And  says  be, 
these  men  are  to  be  in  readiness,  and  it  is  de- 
siga-.'d,  that  the  thing  should  be  laid  upon  the 
Papists  as  a  branch  of  the  Popish -plot  He 
idso  told  me  there  was  one  drawing  a  declara- 
tion which  would  relieve  poor  people  of  that 
wliich  seemed  most  bunlensome  to  them, 
which  was  the  chimney-money  :  and  then  the 
f  ommon  people  would  fall  in  with  tiiem  more 
readily. 

^tL  Gen,  How  came  you  to  discoTer  it  ? 
K^Un^,  I  will  tell  you,  Sir :  I  was  troubled 
ui  my  mind  about  it,  and  do  declare  that  was 

'  the  only  reason.  I  thought  I  did  very  ill  in  not 
discovering  it,  and  I  bad  no  peace,  nor  satis- 
&ction,  nor  content,  nor  did  i  mind  my  busi- 
ness, nor  could  I  tak^the  rest  that  at  other 

.  iimes  I  did,  and  that  was  the  moving  cause, 

mild  no  other.    I  thoughi^  if  it  were  a  sin  in- 

David  to  cut  off  the  hem  of  Saul's  garment, 

it  was  a  sin  in  me  much  -more  to  kill  mv 
l^og.  ^  ^ 

L.  C.  J.  Was  there  any  post  in  this  case  as- 
signed to  you  P  Was  it  requite  of  you  to  do 
ftny  thing  yooraelf  more  than  to  ntise  those 
men,  and  know  whether  they  were  in  readiness? 
Were  you  designed  to  go  down  to  Rumbold's 
house  r  Tell  what  part  you  were  to  act. 

Keeling.  In  th^  first  place,  I  was  to.  raise 
som^  men  ;  but  I  thought  they  looked  upon  me 
$>r  one  (o  go  down  myseU'  with  some  men  I 
raised ;  but  I  rememl!er  not  that  1  was  asked 
the  question. 

Z*.  C.  /.  Were  any  of  those  men  to  go 
4ownf 

Keeling,  Those  three  I  named  were  to  go 
,^(r>im,  Burton,  Thompson,  and  Barber. 
^  Att.  Gen,  Call  Mr.  Bourn. 

]^  C.  J.  Tell  us  the  manner  of  your  reveal- 
ing and  discovering  this,  who  you  discovered 
jit  to.?  » 

Keeling.  I  revealed  it  to  one  Mr.  Peckham. 
X.  C.  J.  Who  did  he  bring  you  to  ? 
Keeling,  To  my  lord  Dartmouth. 
L,  C.  J,  And  so  you  did  discover  the  whole 
^   i>usiness  to  him  ? 

.  J^eeling.  I  had  offered  to  discover  it  to  an- 
other man  before,  but  I  thought  he  was  care* 
}es§  ;  so  )  did  not  tell  him  positively  what  I 
(hPUght  to  |el|  him,  because  i«aw  j^e  slighted 


the  matter.  He  was  a  minister  of  te,  Chaveh 
of  Eujg^land.  Thoi  I  went  to  Mr.  Pecklwiii» 
knowing  he  was  intimate  at  court,  and  ffoia 
thence  to  nov  lord  Dartmouth,  and  then  I 
carried  to  Mr.  Secretary  Jenkins. 


|SS]       STATE  TRIALS^  35  Chaei.bi(  II.  1^5.<-'IKaf  9f  ThmM  Wkkot,      \S2G 

would  have  you  take  t^  your  assistance  nine  or 
fen  men,  tnore  or  less,  that  you  may  communi- 
cate it  safely  to ;  and  they  were  to  go  to  se- 
rai persons,  and  ask  them,  Supposing  that  the 
Papists  should  rise,  of*  that  there  sirould  be  a 
general  insurrection,  or  a  French  invasion,  are 
you  in  a  pdsture  of  defence  ?  This  was  all  we 
^ere  to  communicate  of  the  matter  to  them, 
and  this  was  to  feel  tbem,  and  see  hbw  many 
men  they  could  raise.  And  he  told  me  there 
was  a  <lesig&  to  kill  the  king,  and  the  duke, 
which  was  designed  to  be  done  at  the  boll- 
feast  :  for  Mr.  West  had  told  me  it  was  to  be 
dune  between  Windsor  and  Ham'ptoa-Court.  I 
aaked  him,  if  that  design'went  on  ;  and  he  said 
fur  the  duke  of  York  seldom  came  with 


AtL  Gen.  Was  there  no  design  to  take  off 
the  mayor  or  the  sheriffs  in  particular  P 

KeelifUL,  I  will  tdl  you :  Goodenoogh  did 
tell  me,  That  the  design  was  to  secure  |he  lard 
mavor,  and  the  sheriffs ;  and  he  told  me,  they 
had  a  design  to  secure  the  Tower. 

AH,  Gen.  Were  you  employed  to  arrest  my 
lord  mayor  ? 

Keehng.  I  did  arrest  my  lord  mayor. 

L,  C.  J, '  What  are  you  ?  How  come  yoa  to 
arr^t  my  lord  mayor  r  What  are  you  by  pro- 
fession ? 

Keeling,    A  white  salter,  or  oil-man. 

L.  C,  J,  How  came  you  to  arrest  my  lotd 
mayor  ? 

keeling.  I  was  put  upon  it  by  Goodenoogii 
and  those  men. 

L.  C.  J.  As  a  special  bailiff? 

Att,  Gen.  He  was  a  special  jbailiff. 

Keeling.  Under  the  coroner? 

Serj.  ^ff.  A  special  bailiff  under  a  dpecial 
coroner.- 

Mr.  Baron  Street,  Was  this  coroner  at  any 
time  of  your  meetings  ? 

Keeling.  No,  my  lord. 

Mr.  Baron  Street,  I  am  glad  he  was  not. 

L.  C.  J.  What  say  you,  cant.  Walcot? 

Capt.  Walcot.  My  lord,  I  nave  nothing  to 

Sbl.  Gen,  Call  Zachary  Bourn. 

[Who  was  sworn. 

Att.  Gen,   Pray  will  you  recollect  your- 
self, and  tell  what  knowledge  you  have  of  the  ' 
prisoner,  what  meetings  you  had,  and  what 
w^s  agreed? 

L,  C.  J,  Raise  your  voice  a  little. 

Bourn.  THe  occasion  of  my  knowing  capC 
Walcot,  was  Mr.  Ferguson's  kidgii^i  at  my 
house.  Capt  Wakwt  used  to  come  thitber,  but 
it  was  some  time  bdbre  I  changed  any  words 
with  him. 

Att,  Gen,  Speak  aloud,  Mr.  Bourn. 

Bourn,  Mr.  Wade  came  presently  after  I 
came  to  town  Irom  the  Wefls,  and  said  I  must 
needs  meet  in  such  a  place,  it  was  at  tlie  Dragon 
upon  Snow- hill,  whera  we  met  several  o&n 
l>eside8  capt.  Walcot :  the  business  was  a  de- 
sign to  raise  men,  and  divide  the  city  into  90 
divisions,  in  order  to  the  securing  of  his  ma- 
jesty, and  the  duke  of  York,  jtnd  setting  up  tbe 
duke  of  Monmouth. 

L.  C,  J,  Was  it  securing,  orkillinff  ? 

Bourn,  It  was  not  kiuing,  I  thmk  ;  we 
never  expressed  it  killing  at  those  meetings. 
1  think,  eveiT  time  I  met  tbem»  capt.  Wakot 
was  there.  Once  I  was  at  the  Salutation  in 
Lombard-street. 

L.  C.  J.  What  was  the  result  of  your  meet- 
ings^ 

Botim.  To  makeall  expedition  imaginable. 
L.  C,  J,  Was  it  disooersed  bow,  or  in  what 
maimer,   those  persons  weie  tp  he  xaisadf 


537] 


STAT^  TRlALSb  89  C^AUBS  IL  l68d.^#r  High  TtnmiMi. 


t55S 


]>aiH  refer  younelflotlMcvidcnee  tliat  wwt 
bdMe,  butlell  it  yoondf. 

&Km.  Theoity  was  to  liedmded  idW  SO 
4ivBi<m8v  and  to  .niae  as  maoy  moi  as  ihev 
eouklout  of  tfaem ;  but  theJF  were  not  to  taU 
tbe  direct  busiBess,  bvt  if  tlwfe  should  be  oe- 
casibn,  or  the  pafasts  ihoidd  rise,  they  miffht 
know  their  strength,  and  .what  they  were  tdile 
,todo. 

Ait,  Gem,  This  was  their  inrelenoe,  because 
it  shoold  not  b^liM  those  men. 

JL  C.  J.  Did  Mr.  Goodenoiigfa  hAag  any 
aocoust  of  it  f 

Bourn.  Mr.  OoodewMigh  brought  an  ac- 
oouat  of  abootfeor  thoasud ;  three,  I  think 
it  was,  or  yeiy  near,  ent  of  those  dinnons  he 
had  an  accoaaA^^f. . 

L,  C.J.  Was  capt.  Wak»t  there  at  that 
time?— '&afn.  Yea^ 

Soj,  J^.  Y^hen  the  discourse  was  about 
aecunn^tne  king,  and  4^  duke,  was  captain 
Waloot  there  P—Bottm.  Yes. 

JL  C.  /.  Did  you  hear  what  parties  were 
deMMid  to  be  in  this  act  ? 

&mm.  They  were  not  oometo  that. 

L.  C  J.  Didyoubradc  off  from  them  beA>re 
that? 

B&um.  Ko,  .the  discovery  prereoted  it. 

L.  C.  /.  When  was  your  first  meeting  ? 
About  what  time  ? 

Bourn.  About  ten  days  bderethe  disoorery 
was  naade.  <* 

X.  C.  J.  Was  Mr.  West  ait  any  of  your  con- 
subs? 

Bourn.-  Yes,  at  some  of  them,  and  captain 
Waloot  was  at  three  of  them,  if  not  at  all,  I 
think. 

L.  C.  J.  What  was  to  Be  dime? 

Bottm.  They  were  to  hare  seized  my  lord 
mayor,  and  the  two  sheriffs,  and  some  of  the 
aidermen,  and  the  chief  mimsters  of  state 
about  town.' 

BaroD  Street.  Was  there  any  body  designed 
fer  that  particular  business  ? 

Bourn.  No,  not  then,  it  was  not  come  to 
that. 

Ait.  Gen.  Was^  there  any  thing  about  my 
Lord  Keeper? 

Bourn.  Yes,  Mr.  West  did  say  to  me,  it 
should  be  my  business  to  secure  my  Lord 
keeper,  I  told  him,  I  did  not  care  to  meddle 
with  any  of  my  neighbours.  He  said  he  would 
call  him  to  account  with  all  his  heart,  he  would 
pot  him  in  ramd  of  CoUedge. 

Att.  Gen.  Pray  were  you  employed  to 
speak  with  any  of  the  npn-conformist  ministers 
about  it  P 

Botcm.  I  would  hare  spoke  to  two  of  them, 
and  i)r.  West  was  unwilling ;  for  he  said,  the 
toinistere  bad  destroyed  all  designs,  erer  since 
ComtantineVtime,  and  he  would  ha^e  nothing 
to  do  with  them  now. 

Att.  Gen.  When  was  your  last  meeting,  be- 
lore  thedircoTery  that  you  were  at  ? 

Bourn.  The  fefoturday  before  tbe  discovery 
we  met  at  captain  Tracy's,  and  that  evening  we 
httl  some  intimatioii  toat  there  was  a  disco* 


rmj  made.    And  1  weal  again  on  Btonday 


Att.  Gtn.  Who  was  there  ? 

Bourn.  Captain  Walcot,  Mr.  Ferguson,  Mr. 
Goodenough,  Mr.  West,  Mr.  Norton,  and 
myself;  one  captain  Pottle  came  in,  but  he  did 
not  slay. 

Att.  Gen.  Colonel  Rumsey  was  there  too, 
was  not  he  ?— Botcrn.  Yeo,  Sir. 

'  X.  C:  J.  And  what  did  you  resolve  lipOD 
then? 

Bourn.  Truly  they  resolved  upon  nothing  ; 
I  left  them  upon  the  debate  of  killing  A. 
Keeling. 

Att.Gen.  Whywould  they kffl him?  Was 
that  debated  among  them  ? 

Bourn.    Yes;   because  he  made  the 


covcry. 

Att.  Gen.  Did)  you  hear  them  talk  of  stand- 
ing to  it  with  swords  in  their  hands  ? 

Bourn.  Yes,  rather  than  be  hanged,  they 
thought  that  was  the  better  way,  aiM  to  hava 
Keehng  dispatehed  out  of  the  woiid. 

L.  C.  J.  ijook  yoU)  Sir,  did  any  of  them 
talk  of  sectiring  themselves  ? 

Bourn.  The  next  morning  I  went  again, 
and  they  were  all  gone  but  Mr.  West,  they  had 
all  secured  themsdves.  • 

L.  C.  J.  Was  the  prisoner  at  the  bar  there  at 
that  time,  when  they  consulted  about  kiUingf 
Mr.  Keeling  ?  Was  he  there  at  that  meeting 
on  Monday  morning  ? 

Bourn.  He  was  there  at  captam  Tracy's ; 
he  was  there,  1  think,  all  tbe  while,  while  I 
was  tibere ;  fbr  I  was  not  there  all  Retime. 

L.  C.  J.  (To  Walcot.)  .  Now,  Sic,  what 
question  would  you  have  ? 

Capt.  Walcot.  My  lord,  if  you  please,  f 
woula  ask  whether  he  ever  hearu  me  say  any 
thing,  more  or  less,  of  assassinating  the  king  9 

JL.  C.J.  In  the  first  place,  did  you  hear  any 
thing  in  general  of  assassinating  the  king  ? 

Bourn.  1  did  hear  of  it,  my  lord,  when  tiiu 
thing  was  over«  And  as  to  his  question,  I  did 
never  hear  him  discourse  of  that  matter.  I 
understood  the  design  was  prevented. 

L.  C.  J.  Who  did  you  understand  that  from  ? 

Bourn.  From  one  Mr.  Row,  and  Mv.  Fer- 
guson. 

Att.  Gen:  Pray,  in  all  your  meetings,  war 
there  no  discourse  of  killing  the  king  and  die 
duke? — Bourn.  Very  little. 
;.  Seij.  Jeff.  The  discourse  was  about  securing 
the  king,  while  Walcot  was'  there  ? 

Bofim.  There  was  such  discourse  in  several 
meetings.^  It  was  said,  it  would  be  well  if 
they  were  off,  and  the  iliscourse  was  about 
lopping. 

Att.  Gen.  Pray  tell  my  lurd,  what  discomse 
you  bad  of  lopping,  and  the  general  point. 

Bourn.  They  said,  there  was  no  way  like 
lopping  them. 

Att.  Gen.  What  was  understood  by  that  ? 

Bourn.  The  taking  ofi*  the  king,  and  the 
dulse  of  York. 

L.  C.  /.  Was  that  the  usual  phrase  amoug 
yon  to  signify  that  f-^Boum.  Yes,  my  lord. 


539]       {STATE  TRIALS,  35  ChablsS  II.  i585.*-7Wfl/  ofThmuu  Wdkoi,      [540 


Jb.C.  J.  WashcthcTO? 

Bourn,  1  have  heard  it  several  times,  and  I 
muppo9&be  was  at  the  hearine  of  it. 

£.  CT/.  (To  Walcot.)  Look  you,  sir,  he 
speaks  of  the  time  V  discourse  of  securing  the 
km^,  and  savs  you  were  there  then. 

CtiyU  Walcot.  I  had  no  hand  in  it. 

Att,  Gen,  We  will  nail  it  home  upon  yon  ; 
we  will  call  Mr.  West.         [Who  was  sworn. 

Serj.  Jejf,  Come,  Mr.  W«t,  do  you  tell  my 
lord  and  the  jury  the  whole  story. 

West,  My  lord,  I  came  acquainted  with  thfe 
prisoner  at  the  bar  last  summer  vacation,  by 
the  knowledge  of  one  Wilcocks,  who,  I  snp- 
poae,  retumra  his  money  out  of  Ireland.    I 
neard  a  very  fair  character  of  him,  and  he,  I 
suppose,  met  with  such  an  one  of  me ;  which 
did  mcline  us  both  to  an  intimacy,  and  to  talk 
freely  with  one  another.    About  the  middle  of 
October,  I  observed  a  geneitd  discontent  in  the 
city,  and  was  afraid  there  was  some  desi^  in 
kand,  and  was  very  inquisitive  to  know  it :  I 
was  unwilling  to  be  mvolved  and  surprised  into 
a  sudden  ruin,  and  so  thouglit  fit  to  inquire  of 
them  that  were  most  likely  to  be  concerned .    I 
'  took  capt.  Walcot  for  one,  being  infoni^ed  that 
my  lord  Shaftesbury  had  sent  tor  him  out  of 
Ireland ;  and  capt.  Walcot  told  me,  that  my 
lord  was  also  sending  for  some  Scotisli  gentle- 
men, on  occasion  of  Carolina  ;  but  tnat  he 
was  very  cool  in  Carolina  business,  and  that  that 
was  but  a  pretence.    My  lord,  one  morning 
capt.  Walcot  came  to  my  chamber,  and  we 
discoursed  concerning  the  election  of  sheriffs 
carried  on  in  the  city,  contrary,  as  we  thought, 
to  the  justice  of  it:  savs  he,  will  the  peoole 
do  nothing  to  secure  themselves?  With  that 
be  told  me  a  secret,  and  said  there  was  a  de- 
sign of  an  insurrection  to  be  made  within  three 
weeks  or  a  month,  thfU  would  make  us  free, 
or  worse.    I  iM  him,  I  thought  it  was  a  cer- 
tain way  to  bring  us  in  a  worse  condition,  and 
tiiat  it  was  very  full  of  hazards.    He  told  me 
then,  be^d  not  know  whether  he  should  be 
concerned  :   but  a  little  while  after  he  told 
me,  my  lord  Shaflesbmy  was  enga^  in  such 
a  design,  and  he  had  engaged  him  in  it,  and  he 
told*  me,  he  had  an  expectation  of  beiiig  a 
colonel  of  horse,  and  asked  me,  if  I  would 
have  any  command  under  him  ?  I  told  him,  1 
knew  some  gentlemen  of  the  Tenrole  that  1 
might  engage  in  it ;  but  told  him,  ihad  not  a 
constitution  to  bear  the  toils  of  war.  My  lord, 
he  toM  me  then,  that  my  lord  Shaftsbury,  to 
the  best  of  my  remembrance,  had  another  de- 
sign upon  the  king  and  the  duke,  as  thev  came 
from  Newmarket  in  October  last ;  but  he  told 
me  he  abhorred  any  such  thing,  it  was  unge- 
nerous, and  he  would  not  be  concerned  in  it, 
but  only  in  a  general  insurrection.    But  this 
be  did  tell  ode,  I  think,  before  the  thing  was 
to  be  executed.    I  imparted  it  to  nobody,  till 
idler  the  time  of  both  was  past:  butintbedis- 
course  of  tho  insurrection,  he  told  me,  1  should 
loid  him  a  suit  of  silk  armoor,  whidi  I  bou^t 
about  fimr  or  five  years  ago,  when  the  Popish 
PloCbnkooiit;  udho  vooU  hare  had  me 


k^t  that,  and  used  tt  myself,  which  I  did  de- 
cline. Then  be  told  me  he  had  very  godd 
swords  in  Ireland,  but  he  wanted  them  here. 
Says  he,  I  am  a  man  that  am  observed,  be- 
cause I  have  a  correspondence  with  my  lord 
Shaftesbury;  and  asked  me.  If  I  would  pr^ 
vide  him  a  good  stiff  tuck.  I  told  him  I  would, 
and  I  did  bespeak  one  ;  but  before  it  was  done, 
the  design  was  laid  aside,  and  the  tnck  was 
left  npon  my  bands.  1  came  to  understand, 
that  the  design  was  put  off  by  means  of  Mr. 
Trenchard,  who  had  dtsoouned  about  a  fort- 
night before  of  great  forces  he  could  raiae  in 
the  West ;  and  the  duke  of  Monraooth  sent 
for  him,  but  his  heart  failed  him,  and  he  could 
not  false  any  men ;  upon  which,  my  lord 
Grey  called  him  coxcomb.  This  was  about 
the  19th  of  November. 

AU.  Gen.  What  time  of  November  ? 

West.  The  19th. 

Att.  Gen.  But  upon  what  day  ? 

West,  dueen  Ehzabeth's  day. 

Att.  Gen,  No,  Sir,  that  is  the  17th. 

West.    Now  afler  this  1  understood  by  capt. 
Walcot,  that  Mr.  Fercruson  had  the  manage- 
ment and  conduct  of  me  assassination  in  Octo- 
ber, and  that  he  likewise  was  acquainted  with 
the  insurrection,  and  was  a  wretJL  man  in  it.     i 
metVith  Mr.  Ferguson,  and  fell  into  discoone 
with  him,  and  he  treated  me,  as  he  always  did, 
with  a  long  story  of  the  miseries  of  Scotland,  and 
that  the  people  were  all  in  slavery  and  bondage, 
and  would  be  so  here,  if  they  did  not  free  them- 
selves :  And,  says  he,  Uiere  are  two  ways  thougbt 
upon  for  it;  one  is  by  a  ffeneral  bsurrectioB, 
and  that  is  gone  off;   me  other  is  a  much 
more  compendious  way,  by  killing  the  king, 
and  the  duLe  of  York!    My  lord,  I  told  him,  I 
thought  the  first  way  was  a  dangerous  way, 
that  the  people  were  in  no  soirt  of  capacity  to 
carry  it  on,  that  the  govemm^t  had  the  navy 
and  the  militia,  and  this  would  at  the  best  entail  a 
long  war.    He  told  me  he  thought  the  other 
was  the  best  way,  and  we  wefkt  to  a  tavern, 
where  col.  Rumsey,  and  one  Row,  and  he  and 
1,  went.divers  times.    Tliey  proposed  to  meet 
at  my  chamber  as  a  plaoe  of  privacy,  and  little' 
observation.    My  loni,  when  th^  came  Uyny 
chamber,  Mr.  Ferguson  proposed  several  ways 
of  doing  it    One  way  was,  as  the  king  and 
duke  had  their  private  visits  in  St.  Janica*a, 
where  it  was  an  easy  thing[  for  aword-mes  to 
kill  them.    There  is  one  thmg  I  have  omitted, 
and  that  was  after  the  design  of  Oolober  had 
miscarried,  I  think,  to  the  best  of  myreumn* 
ranoe,  capt.  Walcot  told  me,  there  vras  another 
design  of  attacking  the  king  and  the  duke  «t 
my  lord  mayor's  Mst  in  die  hall,  or  in  dicar 
retnm  home,  in  Paol's  Chnrbh-yard,  or  at 
Ludffate;  and  Mr.  Ferguson  did  nkewiaetell 
me  the  same  thmg,  but  the  king  not  dininff 
there,   the    thing  was  whoHT   disappeiBted. 
Another  way  that  he  proposea  was,  that  they 
should  do  It  as  the  iring  and  the  duke  weal 
down  the  river,  they  showd  lie  behind  aona 
smalishipa  within  a  noy,  or  some  sHob  tlung, 
and  so  OTcr-ma  their  ba^ ;  and  If  thatfidleo. 


^41]  STATE  TRIALS,  55  CHAELVt  IL  l683.— /nr  Bigk  Tr^ofim, 


1542 


tbcj  shouMl  bitftk  a  plank  with  their.blfUidcr- 
biHaes,  and  so  sink  them.    Another  way  was 
at  the  play-hoase,  and  that  was  to  be  doae  m 
tiib  maimer ;  thereshoaklbe40or  50  gotioto 
the  pit  with  pocket-hlniiderbiMses,  or  band- 
Uonderbnsies,  and  pigtols  and  swords;   and 
when  die  mosic  slnick  np  between  the  acta, 
they  ahonld  fifte  upon  the  box;  bntthittbey 
thought  was  hazardous,  and  therefore  they 
thought  it  better  to  do  it  as  he  came  back,  and 
pilcfaed  upon  Covent-Garden  under  Bedfbrd- 
Oardea  waU,  beeause  there  was  a  conveniency 
lor  a  great  many  men  to  walk  in  the  Piazxa, 
and  there  might  be  another  parcel  of  men 
planted  at  Govent- Garden  Church-porch,  and 
whlun  the  raib,  where  horses  could  not  come  ; 
and  while  the  men  within  the  raib  fired,  thai 
men  in  the  Piazza  mifffat  engage  the  guards, 
and  they  in  the  churchoporcn  to  come  down, 
and  secure  them  from  escaping. 
Sol.  Gen,  When  was  this  time  ? 
Wat.    I  think  it  was  before  Mr.  Ferguson 
went  tor  Holland.    Andp  my  lord,  there  was 
another  thing  proposed :   I  thmk  it  was  colonel 
Ramsey  did  say»  He  wondered  that  the  lords 
great  men,  that  were  so  fond  of  the  thing,  did  J 
not  raise  a  purse,  and  buy  somebody  an  office, 
who  should  rail  against  the  duke  of  Monmouth, 
and  the  Whigs,  and  by  that  means  get  hhnself 
an  opportunity  of  access  to  the  king's  person. 
My  lord,  after  these  discourses,  when  my  lord 
Shafteabary  retired  io  Holland,  Mr.  Ferguson 
thonght  fit  to  do  so  too:  He  was  afraid  of  a 
book  that  he  had  printed,  and  away  he  went, 
and  captam  Walcot  with  him*    In  the  mean 
time  I  met  col.  Ramsey  several  times,  and 
aeraral  things  were  ofiered  but  nothing  resolTcd 
upon,    A  little  after  Christmas  we  met  at  the 
Mutation  tayem  in  Lombard-street,  and  there 
it  was  agreed  we  should  send  for  Mr.  Fergn- 
aon ;  and  there  I  writ  a  canting  letter,  that  he 
would  come  for  his  health ;   for  he  was  the 
only  man  that  could  manage  the  affair.  When 
he  came  over,  there  was  one  meeting  at  the 
Fire- Bells,  but  I  came  just  as  they  were  com- 
ing away,  and  cannot  say  whai  passed  there. 
After  that,  they  came  sereral  times  to  my 
diamber ;  and  tnere  Mr.  Ferguson,  Mr.  Good- 
enoneh,  and  Mr.  Rumbold,  undertook  to  pro- 
vide 3ie  men. 
JL  C.  J.   The  men,  foi)  what  ? 
Wett.  The  men  ibr  the  assassination :  that 
1  was  not  concerned  in,  either  in  person  or  purse, 
or  to  procure  any  body*  tor  it.    And  they  did 
agree  to  do  it  in  the  going  to  or  from  New- 
markety  and  thereupon  were  sereral  debates, 
whether  it  should  be  done  at  their  going  or 
coming  back.    Agaii|8t  doing  it  goinff  down, 
it  was  objected,  That  the  guards  were  left  here 
and  there,  and  they  went  together ;  but  very 
often  they  retunied  apart,  and  therefore  it  was 
not  the  safest  way  going  down ;  and  nothing 
also  bein^  prepared,  so  it  was  resolved  to  m 
done  comm(^  back.  Then.it  was  considered  what 
arms  should  be  provided:  Mr.  Kumboldwas 
the  man  to  manage  that  matter,  and  was  to  pro- 
atre  some  blunderbusses,  some  carbines^  and 


some  pistols ;  hot  there  was  nothing  to  be 
prepared,  as  I.  know  of,  by  other  iiersons,  but 
ever^  man  was  to  provide  himsdf.  Several 
meetings  there  were,  they  broucht  theif  notes, 
and  conferred  together  about  the' men ;  but  I 
remember  no  names,  but  Keeling,  and  Burton ; 
and  Mr.  €k)odenough  said,  he  had  spoke  to  one 
.Hooe  a  joiner ;  and,  I  think,  he  spake  of  one 
Manning,  and  these  are  all  the  names  I  can 
reroemTCT.  After  they  had  conferred  their 
notes,  I  asked  Mr.  Ferguson,  what  provisions 
of  money  he  had  madb.  Says  he,  I  shall  have 
n^oney  wden  the  men  are  provided,  but  not  till 
then :  For,  said  he,  the  last  time  there  was 
some  money  raised,  and  put  into  a  roan's  hand, 
who  never  returned  it;  but  since  I  understand 
it  was  paid  to  Mr.  Goodenough,  And  Mr. 
Ferguson  said,  Mr.  Goodenough  ca!led  him 
fool,  for  returning"  some  money  he  had,  and  not 
keeping  it  for  nis  own  use;  and  my  lord 
Shaftesbury  had  often  complained  of  tnat  in- 
justice done  him:  The  cokmel  said,  Mr. 
Chariton  should  pay  the  money.  There  was 
a  ftnrther  debate,  now  these  arms  would  be  got 
down  to  Mr.  Rumbold*s :  It  was  proposed,  to 
send  them  down  by  Smithfield  carts  in  chests : 
Others,  to  send  them  down  by  trusty  water- 
men, who  were  to  cover  them  with  oysters: 
Others,  that  the  men  should  carry  them;  but 
no  resolution  taken :  Then  it  was  considered,  how 
they  should  get  off.  The  next  thing  was,  how 
they  should  execute  this,  snd  it  was  proposed* 
That  one  party  was  to  foil  upon  the  coach- 
hoTMs,  a  second  upon  the  coach,  a  third  upon 
the  guards :  captain  Walcot  would  notunoer* 
take  any  thing  but  the  guards. 

Capt.  Walcot.  What  do  you  say,  Sir  f 

Wett.  Sir,  I  do  say,  yon  were  at  my  cham- 
ber, and  did  say,  yon  were  to  command  that 
party  of  horse  that  were  to  attack  the  g^ardt. 
It  was  to  be  done  at  Rnmbold*s  house ;  they 
were  to  lie  there  perdue^  tiD  the  king  just  came 
.  down  upon  them. 

Seij.  Je/f!  At  the  time  of  the  assassination  ? 

Wett.  Yes,  Sir. 

Att.  Gen.  Where  were  these  arms  to  be  car- 
ried? 

Wett^  To  Romlwld's  house.  I  did  not  see 
it:  But  he  said  he  could  keep  them  all  private, 
where  nobody  could  see  them  till  the  time  of 
the  execution ;  and  that  there  was  a  eate  iSney 
were  to  pass  through,  that  he  could  mxt  upon 
the  horse-guards,  mat  they  should  not  be  abk 
to  come  in  for  their  relief.  Mr.  Rumbold  said, 
he  would  bring  them  off ;  and  said,  he  thought 
it  dangerous  for  them  to  go  to  the  road- way ; 
but  he  would  bring  them  over  the  meulowa, 
and  come  in  by  llackney-mareh:  But  tha 
way  which  the  prisoner  did  most  approve  ni, 
was,  That  they  should  retire  within  ms  wall, 
there  keep  till  night,  being  a  place  they  could 
defend  against  any  force  tor  a  day's  time. 

Att.  Sen.  Where  was  this  resolution  taken  ? 

Wett.  This  resolution  was  takenat  my  cham- 
ber :  my  lord,  as  to  the  attempt,  when  thaj 
designed  to  make  it  upon  the  Icing's  coming 
from  tha  play*house,  one  Mr.  Row  said  htMl 


543]      STATE  TRIALS,  55  Charles  IL  lesau-^Trialo/  Tkemai  ffUedt,      [5^ 


diecoursed  with  oue  Giibbons,  that  was  the  duke 
of  Moi^Dooudi's  serrant,  about  it,  and  asked 
Um,  if  any  of  their  f^auiy  knew  of  it?  Yes, 

'  says  he,  they  all  know  of  it,  but  they  will  not 
be  seen  in  it )  and  said,  that  be  shewed  him  the 
place.'  My  lord,  in  one  of  the  discourses  I  had 
befi»re  Mr.  Fergusoa  went  for  Holland,  I  had  a 
mind  to  be  rid  of  the  thing,  but  I  did  not  know 
how }  80  I  created  difficiuties,  and  sai'd,  i  mp- 
pose  the  dnke  of  Monmoulh  is  to  get  most  by 
jt :  what  security  wiUyou  have,  you  shall  not 
bB  hai^^  when  the  thing  is  done?  He  is 
bound,  said  I,  in  honour  to  hang  us  all,  and  make 
iaquisitioa  for  this  bloody  otherwise  they  will 
say  he  is  aparty.  Says  he  what  if  I  get  it  under 
his  hand  ?  But,  said  l^  ^s^g^^gp  hisserrants,  and 
that  win  stick  upon  him.  There  is  one  ^ing 
I  have  omitted,  which  was  in  the  first  discourse 
with'  captain  Walcot  ^x>ut  the  insurrection  of 
l4ovember,  he  told  me,  Aat  my  lord  Shafts- 
bury  was  preparing  a  declaration  to  be  publish- 
ed, mease  of  an  assassination  or  insurrection; 
mod  he  asked  me,  if  1  would  undertake  to  do 
one  too  ?  for,  says  he,  I  would  have  several 
peonle  draw  it,  to  pick  one  good  one  out  of  all. 
Ana  hb  told  me  lie  had  made  some  oollec- 
tioos  towards  it,  andsbewedmea  paper, which 
was  acoUection  of  all  the  passages  in  the  three 
king's  reigns,  king  James,  Churles  I.  and  this 
fcing^d,  that  he  calfed  attempts  to  introduce  ar- 
bitrary government  and  popery ;  and  concluded, 
taxing  them  widi  some  personal  vices,  and  that 
the  government  was  dissolved,  and  they  were 
Ate  to  settle  another  ggoveimneot :  these  I  per- 
ceifed,  were  the  topics  my  lord  ShaAsbury 
llaid  weight  upon.  1  told  him  that  thia  did  re- 
4iuire  m  exact  knowledge  of  the  history  ef  those 
tuises,  and  I  would  not  undertake  a  thin^  to 
whidh  1  was  notoompeteQt ;  ^d  so  he  desired 
ine  to  bum  the  paper»  which  I  did;  but  Ibr  any 
oCSer  declaration,  my  lord  Shaftesbury  kept  his 

^  paper  to.himsdf ;  uid  I  never  did  seeit,  tlmugh 
I  iresired  it. 

.    Be^.Jtffl  Ganyouremeniber  in  whose  name 
the  Declaration  was  to  run  ? 
Wut.  No,.l  do  not  remember  that. 
Att.  Gen,  Afler  the  disappointment,  what 
meetings  had  you  ? 

We$t,  Sfr,  I  will  tell  you :  when  the  news 
ofthe  fire  came,  they  adjourned  to  my  chamber, 
and  there  conodevra  what  Aey  shoulcido :  they 
were  in  op  readiness,  nor  had  any  horses ;  nay 
I  believaithelthing  could  not  hare  been  effected, 
if  the  ^tsi  had  not  happened ;  and  I  was  very 
glad  it  could  not ;  but  for  that,  I  am  in  the  char 
rity  of  the  court.  They  did  epdeavour  to  pwt 
jthinffs  in  a  posture,  to  see  if  It  could  be  done 
anotper  day  ;  I  think  they  m§t  on  Thursday 
night,  and  Friday  night ;  but  they  said,  the 
king  would  be  athome  the  next  day,  and  the 
,  thing  wasslaid  aside.  My  lord,  a  day,  I  think, 
or  twpisftec,  I  went  into  the  cit\ ,  and  went  td  the 

'  Do^hiu  tavern,  where  I  met  with  colonel  Rum<( 
■Mv,  and  tbis^lb*.  Reeling  came  in,  he  was  there 
llUong  of- blunderbusses  and  pistols  in  down- 
jight  English  :  1  told  him,  it  was  a  foolish  thing 
t9  talk  so  befors  drawees,  and  th^  was  the  oc^ 


caswn'of  ^ling  them  by  the  namea  ofSwana- 
ffiulls.  Goose-quills,  and  Crow-quilla.  After 
tois  thing  we  met  (he  next  wed(,  not  at  my 
chamber,  oolonel  Rumsey  was  mistaken  in  tba^ 
but  at  the  George  and  Vulture.  Tbere  was  capt. 
Walcot,  Mr.  Goodenough,  Mr.  Ferguson,  ome 
Norton,  and  one  Ay  lifiT:  tb^discoiui»d  of  the 
late  disanpointment ;  and  that  one  reason  was, 
theyhad  not  arms  in  readiness.  Then  they 
agreed,  that  arms  should  be  bought,  and  the 
number  was  ten  blnnderbusses,  that  should  be 
SO  or  2S  inches  in  the  barrel :  30  carbines,  18 
inches :  and  SO  cases  of  pistols,  to  be  14  incbee. 
My  lord,  it  was  put  upoo  me  to  provide  theiii» 
for  this  reason,  because  1  was  serviceable  ite 
them  no  other  way,  and  could  have  a  pretence 
for  buying  fhem,  because  I  had  a  phuitation  in 
America ;  hut  Mr.  Ferguson  wa^  to  pay  the 
money.  My  lord,  I  did  bespeak  the  arms,  and 
paid  tor  them  with  my  own  money,  and  was  nei 
paid  again  a  great  while ;  Mr.  Ferguson  disap- 
pointed me ;  but  at  kst  told  me.  If  1  would 
send  to  msjor  Wildman,  he  would  pay  me. 
But  he  told  me  before  that,  one  Mr.  Cbarletoa 
when  he  came  to  town,  would  pay  me,  but  I  had 
none  of  him.  So  I  told  him,  I- bought  those 
arms  upon  a  pretence  I  intended  to  use  them,, 
and  had  spoke  to  a  sea-captain  to  carry  them  off 
to  a  plantation  where  I  had  a  concern  myself.. 
After  that,  Mr.  Ferguson  sent  to  me  to  take  my 
monev  :  so  I  came  to  him  ;  and  found  wita 
him  Mr.  Chariton,  and  anoUier  gentlemaiiy 
whom  1  could  not  distinguish,  because  it  was 
duskish.  Mr.  Charlton  went  down,  and  theo. 
saya  Mr.  Ferguson,  1  hav^  your  ;noney  for 
yon ;  and  he  paid  me  in  fourscore  sind  thirteen 
guineas,  which  was  something  more  than  tb^ 
arms  cost ;  and  said  he  had  not  the  money 
above  half  an  hour  in  his  bands  ^  by  which  I  did 
guess  it  was  Mr.  Charitoo)^  money.  Another 
tiling  was,  at  last  meeting  with  Mr.  Ferguson* 
hedid  say,  there  was  a  man  employed  to  see 
what  convehiency  there  would  be  for  an  assassi- 
nation between  Windsor  and  Hampton  Court ; 
but  that  was  never  reported,  and  so  laid  aside.  ^ 
This  is  all  1  can  say  concerning  the  assassina- 
tion: but  I  believe  tbey  did  mtend  to  carry  it 
on  ;  for  colonel  Rumsey  did  tell  me,  he  saw 
the  heartsof  all  the  great  men  were  upon  it  ; 
and  it  would  be  convenient  to  have  an  army  to 
back  it.  But  in  case  this  assassination  had  gone 
on,  these  things  were  to  be  done.  It  was  de- 
signed, the  lord  mayoi'  and  Ae  sheriilb  should 
be  killed,  and  as  many  of  Uie  lieutenancy  ad 
they  could  get :  and  the  principal  ministers  of 
state,  my  lord  uaUfax,  and  my  lord  Rocb^f^ 
tliat  now  is,  and  my  lord  keeper  ;  for  which 
tbey  gave  this  reason,  because  he  had  the  great 
seal ;  and  my  lord  Rochester,  as  like  to  stand 
by  the  duke's  interest ;  and  my  lord  Halifax* 
as  being  one  that  had  professed  himseli'of  the 
party  betbre,  andturned.fromtbe  riffhtside  and 
had  put  the  court  upon  that  which  otherwise 
they  never  would  nave  acted,  nor  had  the 
courage  te  have  done.  As  for  my  lord  keeper* 
They  said  they  would  hang  him  for  Ae  murder 
ofCoUedge*  and  upon  tbe  same  post  Colledge 


he  sai4,  he  mw  4ie  king  come  hj  buttiHfb  six 
guards,  and  beHe^ed  he  could  have  done  it  with 
six  men,  if  he  had  been  provided  with  arms. 
This  is  all  T  can  say,  except  some  Httle  dis* 
course,  which  I  have  not  tmie  to  reduce  into 
method.  About  Christmas,  colonel  Rumsey 
told  me,  there  was  a  design  carrying  on  among 
the  lords,  and  great  men,  by  whom  I  always 
understood  the  duke  of  Monmouth,  my  lord 
Russel,  my  lord  Grey,  lord  Howard,  colonel 
Sidney,  major  Wildman,  Mr.  Hambden,  for  an 
insurrection  ;  and  that  this  was  designed  to  be 
done  about  March.  Colonel  Rumsey  and  I 
were  discoursing  of  it ;  and  colonel  Rumsey 
thought  it  fit  to  draw  up  some  things,  tiiat  we 
should  require  of  them  to  do  for  the  people  ; 
and  a  paper  was  drawn  np,  but  my  lord  Russel 
said,  they  were  rejected,  and  all  should  be 
lefi  to  the  parliament.  And  colonel  Rumsey 
said,  The  ooke  was  inclined  to  gratify  the  par- 
Uament ;  bjit  the  lords  about  him  were  for 
great  places,  and  they  would  suffef  him  to  ^o 
nothing. 

Serj.  Jeff".  Now  tell  ns  about  Culing. 

West.  Idined  at  a  tavern  with  cotonel  Rum- 
sey, Mr.  Wade,  Mr.  Nelthrop,  Mr.  Goode- 
nough,  capt.  Walcot,  and  Mr.  Norton. 

Seij.  Jeff.  What  was  your  discourse  there 
about  r 

West.  There  was  no  discourse  that  had  any 
particular  point. 

Solicitor  General.  Was  there  nothing  of  di- 
vision of  the  city  ? 

West.  Sir ;  Goodenough  gave  some  general 
account,  but  nothing  was  done  upon  it.  While 
we  were  there,  in  came  Mr.  Keeling,  to  speak 
with  Mr.  Goodenough,  and  Mr.  Ncitlirop; 
and  fin  the  Gazette  that  day  was  an  accoimt  of 
the  insurrection  at  Collen ;  and  Mr.  Nelthrop, 
when  he  came  in,  called  this  man  Culing* 
What  is  that  P  What  do  you  mean  P  says  he. 
I  was  then  writing  a  letter,  and  told  him  Culing 
in  Dutch  was  the  same  as  Keeling  in  English. 
Mr.  Nelthrop  took  me  aside,  says  he,  what 
will  you  say,  if  I,  and  some  friends  of  mine, 
deliver  the  city,  and  save  the  charter,  and  no- 
body shall  know  of  it  till  it  be  done  P  But,  says 
he,  shall  not  I  be  hanged  for  it  ?  Said  I,  take 
heed  what  you  do  ;  nobody  will  be  banged  for 
any  good  thing.  As  to  the  delivering  of  the 
city,  there  was  a  treaty  between  the  Scots,  and 
our  persons  of  quality  here,  and  cof.  Sidney 
and  major  Wild  man  had  the  management  of 
it,  as  I  understood.  At  last,  they  came  down 
to  some  terms  :  they  would  have  had  10,000/. 
to  buy  arms,  and  came  down  at  last  to  5,000/. 
and  the  earl  of  Argyle  was  to  head  them  :  but 
when  Mr.  Ferguson  pai^  me  for  the  arms,  he 
told  m^,  the  Scots  business  was  quite  off,  and 
Wildman  and  Sidney  had  done  ill  with  th<? 
Scots  ;  for  afWr  they  bad  kept  them,  and 
treated  with  them  two  or  three  months,  they 
broke  off,  because  the  Scots  would  not  declare 
for  a  commqnweahh  the  first  boor,  and  extir- 
pating  of  naonarchy,  and  the  family  of  the 
Stuarts  :  and  that  the  Scots  answer  was,  that 
would  be  to  destroy  all  their  interest  amoog^ 

2N 


had  bmi^.  Sfa*  iohn  Moore  was  to^  killed,  and 
to  be  bung  npin  Guild-halloas  a  betrayer  of  the 
ri^ts  and  nnertles  of  the  dty :  and  your  lord- 
Chtps  to  be  £snred  and  stuiferf,  and  hunc-  ud  in 
Westminster- hall,  and  a  great  mimy  of  the  Pen- 
iidnal  pai^iament  hanged  np,  as  betrayers  of 
die  rights  of  the  people. 

L,  C.  J.  How  was  this  to  be  done  P  to  flay 
fhem  and  stufl^  them  P 

West.  Yes,  I  understood  it  so. 

Att.  Gen.  At  these  discourses  was  this  gen- 
flematf  present  P 

West.  He  was  not  at  my  chamber  so  of^en  as 
^e  rest ;  he  came  not  there  till  towards  the 
latter  end ;  but  he  was  there  sometimes  when 
these  thinfis  were  discoursed  of. 

L.C.  J.  But  you  say  he  did  at  last  under- 
tdce  to  fi^  the  guards  ? 

West.  Yes  ;  upon  the  news  of  the  fire,  says 
ine,  T  beheve  God  shews  his  disapprobation  of 
the  thing.  Says  Mr.  Ferguson,  I  believe  he 
reseiTes  them  ror  worse  punishment.  Mr.  Wal  - 
oot  Said,  he  desired  to  have  his  name  concealed. 
Why,  says  Ferguson,  why  should  you  be 
ashamed  r  It  is  a  glorious  action,  and  such  an 
action  as  I  hope  to  see  publicly  gratified  by  the 
parliament ;  and  ^estion  not,  but  you  will  be 
ramefl  for  it,  and  statues  erected  for  you,  with 
the  title  of  ^  Liberatores  Patris.' 

iderj.  /df*.  What  was  this  Ferguson  P 

West.  He  is  an  independent  parson. 

8erj.  Je/f!  He  preached  excellent  gospel. 

West.  Says  he,  I  have  told  some  noncon- 
fiirmists,  and  they  desired  me  to  forbear  ;  but 
ttys'he,  they  are  silly  people,  that  do  not  know 
how  to  distinguish  between  killing  a  prince  for 
difibrence  in  opinion  about  religion,  and  de- 
stroying a  tyrant,  for  preservation  of  the  rights 
and  liberties  of  the  people.  He  said,  it  was  an 
action  that  would  make  aN  the  princes  in  the 
world  tremble,  and  teach  them  to  use  their 
subjects  kindly.  My  lord,  they  did  design,  at 
&e  same  time  when  the  mayor  and  the  she- 
liilB  were  to  be  killed,  that  Mr.  Papillon  and 
Mr.  Dubois,  shouTd  be  forced  to  take  the 
olBee  of  sherifls  upon  them  ;  and  if  they  woyld 
not  take  it,  they  would  use  them  as  they  did  the 
oilier;  and  that  sir  Thomas  Gold,  or  sir  John 
fSbottet,  or  alderman  Cornish,  should  be  set  up 
fffe  lord -mayor  :  but  rather  alderman  Cornish 
as  the  fitter  person.  I  asked  them  further, 
what  they  would  do  with  the  kind's  natural  sons  P 
Bays  he,  they  are  eood  lusty  lads  ;  I  think  we 
haaa&  good  keep  them  ibr  porters  and  water- 
men :  and  for  my  lady  Anne  they  had  as  good 
marry  her  to  some  country  gentleman  for  a 
hreea  to  keep  out  foreign  pretences. 

I^erj.  Jeff':  I  perceive  they  left  nothing  un- 
toMuddered. 

Att.  Gen.  Mr.  West,  to  repeat  all  their 
passages .  would  fill  a  volume  ;  but  as  to  the 
continuation  of  the  rsring,  and  whether  it  was 
continQedP 

West.  J  have  a  many  particulars,  but  have 
tikemnotin  method. 

Sol.  Gen.  Answer  questions  then. 

West.  When  M^  Rambold  came  to  town, 

you  IX. 


S47]      STATE  TRIALS*  35  Cuaeles  II.  1  GSS^Trial  of  7k#iM«  Wdcai,      [54$ 

Ihe  lords,  aod  prpvidenoe  miffht  order  it  so,  aii 
to  bring  it  to  a  commonwealth  :  but  that  was  a 
biisiaess  of  time.  When  this  broke  off,  Mr. 
.  Ferguson  told  me,  that  the  duke  of  Moomouth 
was  Hilling  to  speak  with  me,  and  Goodenough, 
and  some  others.  I  told  him,  I  nerer  had,  nor 
Was  willing  to  speak  with  him.  Then  lie  said, 
sir  Thomas  Armstrong  would.  I  told  him,  I 
was  not  willing  to  speak  with  him  neither. 
BIr.  Goodenough,  I  believe,  did  speak  with  sir 
Thomas  /Irmstroi^^.  We  met  at  Richard's 
coffee-house,  and  adjourned  to  the  Younff 
Devil  tayem ;  there  was  capt.  Walcot,  col. 
Rumsey,  Mr.  Wade^  Mr.  Uoodenougb,  and 
myself,  and  one  HoUoway  a  merchant  at 
Bristol.  Mr.  Hollo  way  did  propose,  Ainoe  the 
Scotch  business  was  broke  off,  that  they  should 
try  what  forces  they  could  raise  here.  And 
Mr.  Ferguson  did  say,  if  3,000  men  cOuld  be 
had,  he  beUered  the  duke  of  Monmouth,  and 
my  lord  Russel,  would  appear  at  the  head  of 
them*  They  were  to  diride  the  city  into  20 
parts,  each  20th  part  into  14ths  and  15ths,  and 
to  divide  it  into  streets  and  lanes  ;  one  prin« 
cipal  man  was  to  have  a  20th  part,  and  to 
have  men  imder  him  ;  and  that  thev  should 
not  interfere  one  with  another,  they  oought  a 
.great  map  of  the  city  of  London.  My  lord, 
1  did  not  read  one  line  in  it,  but  Mr.  Goode- 
nough, being  a  man  of  public  acquaintance,  by 
reason  of  his  office  did  undei-take  it.  I  think 
he  did  propose  Mr.  Bourn  for  one,  and  one 
Mr.  Grains  for  another,  and  said  he  would 
speak  with  Mr.  Keeling.  We  had  several 
meetings  after  this,  and  Mr.  Goodehough  did 
report,  that  there  were  1,300  men  out  of  two 
of  the  hamlets.  My  lord,  I  stood  here  while 
Mr.  Bourn  gave  his  evidence ;  but  I  suppose 
be  hath  a  little  forgot  himself ;  for  he  tola  me 
he  had  spoken  to  one  parson  Lobb,  and  he 
*Baid  to  him,  he  would  try  what  his  congre- 
gation could  do ;  that  he  had  two  in  Mew- 
prison,  and  he  would  set  them  out  to  see  what 
they  could  do  ;  that  they  were  poor  m^n,  but 
zealous  in  their  way.  I  think  Mr.  Bourn  bath 
forgot  himself;  for  he  did  mention,  that  he 
had  spoken  to  parson  Lobb. 

Ser].  Jeff.  Then  parson  Lobb  was  in  ;  there 
was  another  parson  m. 

West.  Yes,  and  he  mentioned  Lobb's  pound. 

Atl,  Gen,  The  prisoner  was  at  those  several 
meetings,  was  he  not  ? 

West.  Yes,  and  did  shew  himself  ready  to 
act  his  part.  About  a  fortnight  before  the 
discoverv  brake  out,  Mr.  Rumbold  told  roe 
they  bad  a  great  jealousy  Mr.  Keeling  would 
discover aD  the  business;  that  Mr.  Leung's 
.wife  and  mother  cried  mightily,  and  chuged 
Jiim  for  neglecting  his  busuiess,  and  said  they 
were  afraid  he  would  do  a  great  deal  of  mis- 
chief to  honest  people  ;  for  he  had  replied  to 
them,  he  woulu  not  want  money,  and  he  would 
be  hanged  for  nob  dy.  Upon  which  Rumbold 
told  me.  If  I  were  sure  of  this,  says  he,  1 
would  dbpateh  him ;  I  would  get  him  into  the 
country,  and  Idll  him  ;  but,  says  he,  I  wQl  not 
killaainnooeBjtmaa:  if  I  tboc^ht  the  ^og 


wasBOt  so,  I  would  not  kill  hini  ftrall  tira 
world.  Mr.  Keeling  told  him  he  had  aa  ovcr^- 
ture  from  one  Shoot,  of  SOL  a  year. 

dtt.  Gen.  After  you  had  notice  of  the  dis~ 
covery,  did  you  meet  ? 

Wat,  The  Saturday  before  the  discovenr  I 
dined  with  Mr.  Rumbold,  and  be  took  Mr. 
Keeling alon^  with  him.  Says  he,  we  won't 
discourage  bun  too  much ;  it  may  be,  it  is  not 
so.  .  Mr.  Keeling  told  him'  he  never  wanted 
money  so  much  in  his  life.  Mr.  Rumbold, 
and  one  Gale,  that  was  to  be  one  of  ihe  as- 
sassinates, contrived  to  help  Keeling  to  money, 
and  lent  him  100/.  Upon  the  Sunday  I  had 
notice  the  thing  was  diBcovered>  andlhat  Keel- 
ing had  accu^  me,  and  Mr.  Goodenou^, 
and  Mr.  Neltbrop.  On  the  Monday  mominfr 
early  I  thought  tit  to  retire  ;  but  we  did  affrott 
to  meet  at  captain  Walcoi's  lodging.  My  ford, 
I  came  thither  pretty  early,  and  all  the  peopla 
came  afterwaras,  that  hacT agreed  to  come  tni- 
ther,  but  they  designed  to  go  beyond  sea.  I 
had  no  mind  to  go.  They  had  hired  a  boat, 
and  gave  51,  in  earnest ,  but  the  next  mora- 
ing  it  was  said  the  messengers  were  abroad, 
and  tliat  it  was  believed  the  river  was  beset, 
and  there  was  no  getting  away.  Then  every 
man  shitted  for  himself,  and  1  shifted  by  th* 
means  of  Mr.  Bourn,  who,  1  thank  him,  helped 
me  to  a  conveniency  for  two  or  three  days. 
When  we  were  all  retired,  tliey  ^t  Mr.  Keel- 
ing in  the  city,  and  Rumbold  discoursed  him 
in  the  presence  of  several  people,  where  he 
wished  a  great  many  imprecations  upon  him- 
self, if  he  had  discovered.  I  told  them  I  did 
not  understand  him  ;  for  if  he  had  made  a  dis- 
covery, it  was  a  fine  way  to  cateh  people  in. 
Then  there  was  a  discourse  of  killing  him. 
They  proposed  to  him  to  go  out  of  town.  H« 
refused  them,  but  said,  he  would  go  in  a  lew- 
days.  That  night  they  followed  him,  and 
upon  tracing  of  him  tliey  found  he  had  caU^ 
out  his  brouer,  and  that  he  and  his  brodier 
were  gone  to  the  secretary's  ;  and  then  it  was 
taken  for  granted,  that  discovery  was  made, 
and  every  ncian  must  shift  for  himself.  Had 
not  Keeling  deceived  them  at  that  meeting  at 
the  tavern,  by  the  protestations  he  made, 
some)MMiy  had  killed  nim  there.  Then  Mr. 
Wade  said.  If  the  duke  of  Monmouth  would  f9 
into  the  West,  we  might  try  a  push  for  it ; 
and  the  prisoner  at  the  bar  said,  I  am  satisfied 
God  will  deliver  the  nation,  though  he  does  not 
approve  of  the  present  instruments. 

X.  C.  J.  Have  you  done  as  to  this  gentle- 
man at  the  bar  ? 

.  Capt.  Walcot,  When  was  it  that  I  should 
say  these  words  ?  Then  I  desire  your  fordship 
would  ask  him,  how  many  months  ago  it  wit 
he  says  I  gave  him  the  paper  ? 

We*t.  It  was  in  October. 

Capt.  Walcot,  Then  whether  I  did  not  then 
lie  ill  of  the  gout? 

West.  Not  at  that  time,  my  lord.  This  that 
I  say  of  the  paper,  was  given  me  at  my  cliam> 
her,  and  then  I  think  he  was  pretty  well. 

Capt  Wak9t.  My  lord,  I  am  not  so  natucpt 


S4gi  StATR  TRIALS,  35  Charles  IL  l683*-/itr  Bigh  IruMon. 


|550 


«  Ibalto  tluiik,  ftme  to  chftTge  the  guards, 
wlMn  another  man  kills  the  king,  bat  I  am 
as  ffuBty  as  he  that  kilb  him. 

JLCJ.  No  doubt  Wit 

West.  Capt.  Walcot,  I  would  not  take  away 
yoor  life  to  save  my  own  ;  but  I  do  take  it 
upon  me,  that  you  did  agree  to  command,  or 
be  one  of  those  that  were  to  fight  the  guards. 

JL  C.  J.  What  was  the  reason  he  would  not 
kUr^ie  king  ? 

West.  He  said  it  was  a  base  thin?  that  way, 
being  a  naked  person,  and  he  would  not  do  it. 

L.  C,J.  So  the  point  is  the  same  ;  but  only 
yon  distingnished  in  the  point  of  your  mis- 
taken honour,  and  thoagfat  to  kill  the  king  was 
not  so  honourable  a  pomt  as  to  fieht  his  gwds. 

Cqst.  Waicct.  There  is  no  dimreooe  ^tween 
the  one  and  the  other  ;  to  do  one  and  the  other 
is  the  same  thing. 

X.  C.  J.  Your  judgment  is  now  rectified ; 
bat  what  say  yon  to  the'matter  f  For  now  you 
bear  what  is  fastened  upon^ou,  that  is,  soFcral 
oottsnlts  about  the  secunng  or  killing  the 
iEH^  9^^bA  your  advice  was  to  kill  him,  and 
yaa  did  go  down  to  Rumb^ld's  honse,  to  view 
the  place  where  it  mi^t  be  done  the  more  se- 
<9iray ;  knd  yon  did  undertake,  ad  several 
witnesses  say,  not  Only  Mr.  West,  but  col. 
Rnmsey,  and  another  of  them,  (Bourn  I  think 
it  was^  that  yon  would  fight  the  guards,  if 
you  might  have  a  connderwle  number  of  men. 

Cant.  Walcot,  My  lord,  if  ever  I  was  at 
Mr.  Rumbold's  house,  uoJess  it  was  when  I 
travelled  firmn  ¥oik  by  Norwich,  and  came  to 
liondoo  ;  if  ever  I  was  there  since,  then  I  am 
guilty  of  all  the  roguery  imaginable. 

West.  I  never  Beard,  my  lord,  Mr.  Rum- 
bold  say  he  was  there,  hut  col.  Rumsey  told 
me  so. 

Col.  Rumsey.  My  lord,  he  bought  an  horse, 
and  he  said,  he  din  intend  to  go  down  ;  and 
indeed,  to  the  best  of  my  remembrance,  h^  did 
say-  he  was  down  ;  but  1  am  not  certain :  but 
he  did  buy  an  horse  that  cost  him,  I  think,  30/. 

JL  C.  J.  For  that  purpose? 

Col.  Ramsey.  Yes. 
•  X.  C  J.  Now  you  hear,  this  is  a  little  more 
.  particular  than  the  other ;   colonel  Rumsey 
did  say  before,  that  you  did  agree  to  go  down, 
and,  as  he  believes,  you  did  go  down. 

Rumsey.  I  believe  Mr.  West  may  remember 
he  booglit  an  horse  for  that  purpose.    ' 
'   West.  I  remember  h^  bought  an  horse  for 
service,  but  I  can't  say  it  was  to  go  down 
thither. 

X.  C.  J.  It  does  import  you  to  tell  us  upon 
what  aoooilDt  you  met  so  onen,  and  what  was 
your  meaning  in  hearing  these  things,  and  con- 
sulting of  them,  and  what  your  raising  of  men 
was  tor,  and  the  declaration  written  for  the 
people,  to  please  the  people  when  the  assassi- 
iMtion  was  over  ? 

Capt  Walcot.  The  decUration,  Mr.  West 
says,  was  in  October  last. 

West.  ItaJieittobeso,  my  lord,  tothebest 
of  my  remembrance;  there  was  this  passage ; 
ifcys  be^  I  bdicve  in  a  month  or  three  wi^s 


yon  win  be  better  or  worse ;  so  thftt  I  measure 
it  hv  that. 

Capt.  Wakot.  My  knrd,  Mr.  West  does  tell 
your  lordship  a  very  long  story,  and  some-, 
times  h^  names  one  gentleman,  and  sometimes 
another.  I  am  very  fearful  the  jury  will  be 
very  apt  to  apply  all  to  me,  who  vfas  the  man 
least  concerned";  for  I  had  the  gout  tor  several 
weeks  together,  and  Mr.  West  came  several 
times  to  my  own  lodging  to  see  me ;  and 
for  that  of  assassinating  the  king,  it  never 
entered  into  my  thought  more  or  less; 
hut  here  are  lour  gent^men,  who,'  by  their 
own  confession,  are  sufficiently  culpable ;  they, 
to  wipe  ofl^  their  own  stains,  are  resolved  lo 
swear  me  out  of  life. 

X.  C.  /.  What  made  you  amon«f  them  ? 
West.   I  do  take  it  upon  roe,  tie  was  there 
three  or  four  times. 

Capt.  Walcot.  I  did  not  stir  for  three  weeks 
or  a  month.  1  came  to  town  on  Ash- Wednes- 
day, and  then  tell  ill  of  the  gout,  and  that  con- 
tinued for  divers  weeks.  For  a  month's  time 
that  the  king  was^t  Newmarket,  I  am  confi- 
dent, I  was  not  out  of  my  chamber,  unless  I  made 
a  shift* to  scrdmble  to  Stepney,  and  dipped  my 
foot  in  every  well  of  water  I  came  by. 

West,  My  lord,  I  do  remember  this  passage, 
TbEkt  he  was  afraid  he  should  not  be  aUe  to 
draw  on  his  boot,  because  he  had  the  gout. 

Capt  Walcot.  I  desire  to  know,  my  lord, 
When  is  the  time  Mr.  West  speaks  of,  tliat  I 
gave  an  acbonnt  of  killing  the  king  at  my  lord 
mayor's  feast  ? 

West.  I  do  not  chai^ge  you  positively  vrith 
it :  but  I  had  it  firom  you  or  Mr.  Ferguson  ; 
but  I  must  do  the  prisoner  jusfice,  lie  said,  he 
would  bono  way  concerned  in  it. 

Att.  Gen.  Pray  swear  Mr.  Blaithwait. 
[Which  was  done.]  Pray  tell  my  lord,  and 
the  jury,  whether  captain  Walcot  owned  that 
to  be  his  hand. 

A  Letter  being  then  produced  from  capt 
Walcot  to  Mr.  Secretary  Jenkins. 

Blaithwait.  My  k)rd,  I  remember,  when 
capt  Walcot  was- examined  hefore  the  king,  he 
did  own  this  to  be  his  band. 

^fj.Jeff.  Give  it  in. 

CI.  of  the  Cr.  '  Honoured  Sir,  July  5th, 
168S  ' 

L.C.J.  Whd  is  it  directed  to? 

CI.  of  the  Cr.  There  is  no  direction. 

Blaithwait.  It  was  directed  to  Mr.  Secretary 
Jenkins,  as  I  find  by  the  minutes  1  then  took  . 
ofit 

"L.  C.  J.  Here  is  the  cover,  it  seems. 

CI.  of  the  Cr.  *■  To  the  right  hon.  sir  Leolintf 
Jenkins,  8ic.* 

*  Honoured  Sir;  I  being  in  the  coimtry,  and 

<  to  my  great  trouble  seeii^  myself  in  bis  ma- 
^jesty's  prodamation,  I  came  last  nii^lit  to 
'  town,  resolving  to  lay  myself  at  his  majesty's 

<  feet,  let  him  do  with  me  what  be  pleaseth : 

*  This  is  the  firat  crime  I  have  be#n  guilty  of 

*  since  his  majesty's  restoration,  and  too  soon 
« by  much  now.  If  his  majesty  thinks  my 
'  dieath  will  do  htm  more  good  than  my  Jile» 


ASI]       STATE  TRIALS,  35  CHARUft  II.  l6S$.^TrfMl  qf  Thm^WkM,      lut 


God't  wiU  tad  bis  be  done.  Unttt  I  sent 
your  honour  this  letter,  my  life  wm  in  my 
owa  power,  bat  now  it  is  in  the  king's,  to 
whom  I  do  most  humbly  propose,  Tha^  if  his 
majesty  desires  it,  1  will  disoover  to  him  all 
that  I  know  relatiog  to  England,  Scotland  or 
Ireland,  which  I  suppose  may  be  something 
more  than  the  original  discoverer  was  able  to 
acquaint  his  m^esty  with,  especially  as  to 
Irekind :  There  is  not  any  thine  his  majesty 
shall  think  fit  to  ask  me  but  I  wul  answer  him 
the  truth  as  pertinently  and  as  fully  as  I  can. 
My  intimacy  with  a  8cotch  minister,  through 
whose  hands  much  of  the  business  went,  I 
jndee  occasioned  my  koowing  Terv  much. 
And  I  do  further  humbly  propose,  Tiiat  if  his 
majesty  thinks  it  adyisanle,  I  will  follow 
those  lords  and  goitlemen  that  are  fled  into 
Holland,  as  if  1  had  fled  thither,  and  had 
made  my  escape  also;  and  will  acquaint  the 
king,  if  J  can  find  it  out,  what  measures  they 
resolve  of  taking  uej^%  :  I  do  assure  his  majes- 
ty, the  business  is  laid  very  broad,  or  1  am 
misiatbrmed.  And  1  am  sure  avto  that  par- 
ticular, if  my  bein^  with  his  majesty  and 
^Qur  honour  be  not  discovered,  I  shall  be  ten 
times  abler  to  serve  him  than  either  Mr. 
Freeman  or  Mr.  Carr,  for  they  will  trust 
neither  of  them*  I'here's  scarce  any  thing 
done  at  court,  but  is  immediately  talked 
all  the  town  over :  Therefore  if  his  miyesty 
thinks  what  I  have  presumed  to  propose  ad- 
visable, I  do  (hen  further  most  humbly 
propose.  That  my  waitinjg  upon  his  roiy^esty 
may  be  some  time  within  nigbt ;  that  your 
honour  will  acquaint  me  the  time  and  place 
where  I  mi|y  wait  upon  yoo,  in  order  to  it, 
that  it  may  be  vnthin  night  also,  and  thai 
nobody  may  be  by,  but  his  majesty  and  your 
honour :  And  if  bis  majesty  pleaseth  to  mr- 
don  my  oflenoes  for  the  time  past,  he  shall 
find  I  will  approve  myself  very  loyal  for  the 
future ;  if  not,  I  resolve  to  give  his  majesty 
no  further  trouble,  but  to  lie  at  his  mercy,  let 
him  do  with  me  whai  he  pleaseth.  1  purpose 
to  spend  much  of  the  day  in  Westminster- 
hall,  at  least  fruni  3  o'clock  to  4.  I  beg 
your  pardon  J  send  your  honour  this  by  a 
porter :  I  assure  your  honour,  it  wa|i  for  no 
other  reason,  but  because  I  would  not  have  a 
tbtrd  uerson  privy  to  it;  and  that  I  might 
have  the  better  opportunity  to  make  good  my 
word  to  his  majesty,  fad  to  approve  myself, 
Your  b^nour'a  most  humble  servant, 

*  Thomas  Walcot.* 
Att.  Gen.  Swear  capt.  Riohardson;  [Which 
was  donej 

Capt.  KichardMon.  My  lord,  On  Sunday  at 
night  Mr.  Walcot  desired  to  speak  with  me, 
And  he  seemed  very  desirous  to  wait  upon  Us 
majesty,  «nd  unbosom  himself  to 'the  king: 
Mr.  Attorney  said,  I  should  give  him  notice  to 
prepare  for  bist^l,  which  I  did,  and  told  him, 
me  sbottki  want  nothing  to  prepare  himself  for 
ius  trial.  Yesterday  morning  his  sonearoe, 
and  I  sent  my  clerk  to  stand  between  them, 
•%ad  he  had  prepaijisd  this  hille  paper  tied  doae 


widi  a  thnad*  which  my  m«^  told  me  be  4iA  i»* 
tend  to  give  his  son  ;  and  he  desired  p»tiina> 
I  had  diMovered  it,  I  would  make  no  use  of  i|. 
The  letter  vras  to  capt.  Traey,  that  was  biv 
landk>rd,  to  speak  to  ooL  Rumeey,  that  he 
would  be  tender  of  him,  and  tell  him,  be  haA 
ground  enough  to  serve  theVing  upon  other 
men;  and alw  to  speak  to  Mn.  Weet, to  deem 
the  same  thing  m  her  husband-  The  last  . 
words  in  the  note  were,  ^  If  you  cannot  b^ 
*  private,  leave  the  issue  to  Ood.^ 

X.  C.  J.  Mr.  Wak»t,  have  you  any  tbingr 
to  say  for  yourself^  against  this  plam  evi- 
dence ? 

Capt.  Walcot.  fAy  lord,  they  have  takea'A 
mat  deal  of  pains,  and  made  (oog  speecbesy 
tnough  very  Uttle  of  them  relatmg  to  mme^ 
thoufi^h  too  much-  Colonel  Rumsey  tells  your 
lordship  of  a  design  they  had  to  assassinate  the 
kmg,  and  carry  on  a  war,  or  something  like  it» 
when  I  was  out  of  the  kingdom  :  that  at  Bfr^ 
Shepherd's  bouse  they  drew  up  a  ]>eclaratiMi; 
and  that  upon  Mr.  Trenchard's  sayings  thing* 
were  not  ready.  This  was  betere  I  came  isle 
England,  and  he  says  this  was  agreed  at  Mr. 
West's  chamber  before  I  came  out  of  HoUaad* 
that  Mr.  Rumbold  undertook  it  Then  be 
says,  that  after  I  came  over,  I  undertook  i» 
charge  the  guards  while  the  kin^r  was  killtog* 
My  lord,  tluit  was  a  very  imprabaUe  thing  j 
for  I  look  upon  it,  there  is  no  diflereace  b^ 
tween  killing  the  king,  and  securing  hie 
guards.  Thes^  gentlemen,  by  what  they  haye 
said,  do  sufficiently  convince  Ibe  court,  and  nil 
that  hear  them,  that  tbey  are  sufficiently 
dipped  themselves.  Here  they  combine  tn 
takeaway  my  life  to  save tibeur own.  Tkea 
they  tell  you,  that  Mr.  Gcodenou^  and  Mr. 
Rumbold  brought  notes  about  men  that  were 
to  assassinate  the  kiog ;  but  they  do  net  fell 
your  lordship  I  was  privy  to  any  of  these  motei, 
nor  that  I  knew  any  or  then.  It  is  in  itwif 
very  improbable,  that  I  would  engage  in  e» 
desperate  an  undertaking  with  men  I  serec 
saw  nor  heard  of  in  nhy  life.  Th^  he  telis 
you,  that  Mr.  Ferguson  had  been  at  a  plsne 
where  I  was,  and  there  inquired  what  Mr. 
Goodenough  liad  done ;  and  withal,  they  tol4 
you,  tliey  met  at  my  lodging:  now  that  their 
meeting  at  my  lodgmg  was  by  col.  Rumsey^ 
appointment,  I  knew  nothing  of  it.  Most  of 
these  meetings  were  by  colonel  Rnms^'s  a^ 
pointment,  or  Mr.  West's :  I  aocidenttlly  came 
amongst  them  sometimes,  but  all  my  buai* 
ness  was  only  to  hear  hews ;  nothing  was  agi<r 
tated  concerning  killing  the  kingj  or  levying 
of  war,  more  or  less,  as  I  know  of  1  mam 
contess,  I  did  hear  that  there  was  a  design  bj 
a  great  many  lords  and  gentlemen,  and  oilien» 
for  asserting  of  their  lilMrties  and  properties  % 
but  I  was  never  in  a^y  cqnsnitation  with  then^ 
or  any  message  to  tbem,  nor  I  never  saw  one 
of  these  lords,  that  I  know  of,  that  are  saki  to 
be  concerned.  Therefore,  I  say,  it  ie  very  im* 
probable  I  should  be  so  iar  coiieeraed  aa  tbey 
seem  to  represent  it.  .  They  met  at  the  Five-  "^ 
Bella ;  tbey  aUow  thenvelf «i  I  was  not  at  thm 


J99S] 


STATE  nUALB,  di  CiABLW  It  l9».^^  ERgh  »eii0fm.  [4«4 


For  Mr.  KMltaf,  1m  4o«  Dslil  ^ 
olmrgvaio.  Wlntlfli^taMr.Weflralainff 
10  tb»  iNMiaM  W  taUn  of  i»  Oalober  last,  that, 
ay  lord,  io  oat  of  doora,  ia  poinl  ot'  timo.  I 
^yGodfoigivehimibrwballiehoooud.    I 


ooT  more  tiua  I  fa»i«. 

JL  C.  J.  Ptay  whoffB  do  yoa  live?  Where 
■  your  hehitntioB  ? 

Copt.  Wakoi.  My  hobitalkm  k  in  Ii^ond, 
oiy  lord. 

X.  C.  J.   Prmy  whot  do  yoo  do  here  ? 

C^apt.'  Wufsoi.  I  woo  WTited  fay  my  lord 
Slmftoobmy  to  go  governor  to  Corofino. 

L.  C.  J.  lliatdeeign  woo  a  greet  while  ego 


Ca|iO.  Waicoi.  My  lord,  it  wao  ooooe  while 
before  1  come  over,  ondoo  my  lordsare  hie 
eommioaion  to  onotber.  But  bemg  in  £nglond| 
my  lord  ShoAeobnry  invited  me  to  go  to  Hoi* 
bad  with  him,  wbich  I  did ;  and  when  he 
dwd,  I  came  to  London;  I  had  not  been  here' 
A ftrtaight  bnt  I  feU  ill  crf'thegout,  andthot 
eontinued  three  montho:  another  thing  was, 
my  oon  wao  hm,  and  I  deoigned  to  marry 
him,  and  make  profision  for  my  yoanger 
chiUren :  My  lord,  I  have  a  competent  ootate; 
I  hope  it  is  no  greet  crime  for  a  man  of  an 
icotate  to  be  here. 

L.  C.  J.  Yon  eonfom,  you  heard  oome  dio- 
oonoeofdieaothingB;  wnat  made  yon  to  tfra- 
ycnt  their  cempaoy,  when  yon  lieard  theoe 

Capt.  HUoo^.    It  wao  my  foUy  to  do  it 

X.  C.  J.  Ay,  bnt  yon  an  Oo  nnderrtand,  that 
My  in  tiieoe  eooco  w  treooon. 
^  Capt  Wakoi.  I  conceive,  my  lord,  it  io 
only  raisnvioion  of  treooon.  I  did  heor  of  a 
great  deal  that  theoe  gentlemen  have  said,  and 
that  there  would  be  on  tBfiorrection;  bat  I  had 
no  hand,  directly  or  indirectly,  in  it;  nor  did 
It  enter  into  my  thoughto,  either  dnootly  or 
inAreotly,  the  death  of  the  king.  When  oome 
gntfeiDon  hove  talked  to  roe  about  it,  I  abo- 
minated it,  and  told  them,  it  was  a  ocandalono 
tfaiBg,  a  reproach  to  the  Protestant  religion : 
for  mv  pa]%  1  had  children  would  bear  the  re- 
praach  of  it,  and  J  would  have  no  hand  in  it 

L.  C  J.  Look  you,  captain  Waloot,  that 
yon  did  deny  to  do  the  fact,  to  aeaaoninate  the 
long,  that  is  very  true ;  they  say  so,  that  you 
did  always  deny  it ;  for  you  stood  upon  this 
point  of  gallant^,  a  naked  man  you  would  not 
aomsaanate.  And  then  yon  talk  of  misprision 
of  treaoon :  for  a  man  to  hear  ai  treason  acci- 
dentally, or  oocaaionoUy,  end  conceal  it,  is  but 
mioprision ;  bnt  if  a  man  will  be  at  a  consult 
where  treaoon  is  faatohed,  and  will  then  con^ 
osal  it,  he  is  ^dty  of  treason  therein ;  there- 
fove  do  not  mistake  your  case.  8o  tfaiat  your 
foint  of  law  fails  you,  and  every  ihinff  fails  you 
m  tfaio  cooe.  It  appoors  plainly  by  uiem,  tfaat 
you  were  not  only  privy  to  the  consult  os  an 
aodilor,  bat  ao  an  aetor ;  you  chose  your  post, 
and  upon  this  (Mkint  di*  gallantry  you  would 
mntore  youroelr,  not  upon  a  naked  man,  but 
opott  persono  that  wonld  oppose  you* 

Cw^f/ITukBi.  Ceininlynomanthatlmowo 


moi  would  take  me  for  sooh  a  toi^  foolf  thoi 
1  wooU kill  tb^  king'i  guarda;  ao  if  I  wora 
not  oonoiUe,  that  wao  equal  ^mfim  with  tbt 
(»thor. 

MU  Gem.   lU  men  are  ahrayo  foola. 

Capt«  Waieat.  It  is  dear  they  hare  laid 
their  heads  together,  they  have  oontrivdd  to 
take  away  my  life,  to  oave  their  own ;  it  it 
plain  enough. 

X.  C.  X  There  is  nothing  mora  reasonable, 
nothing  more  just  in  the  world,  than  to  makn 
use  of  some  tvaitom  to  discover  and  convict  the 
othem,  else  would  treaoon  be  hatched  securely  j 
There  is  nobody  oopable  (where  treaoon  do^ 
not  take  effect)  of  making  an  evidence  in  ouoh 
a  cooe,  but  some  9£  you  that  axe  conspirators. 
Yon  do  not  publish  it  at  the  marfcet*cinos* 
And  if  you  could  ffoin  but  this  point,  that  none 
that  are  concemea  with  you  in  the  ooiMpimcy 
should  be  witneooeo,  it  would  be  the  oecuraot 
thing  in  the  world  to  hotch  treooon.  For  yon 
would  be  upon  this  point ;  either  it  shall  take 
eflbct,  and  then  it  is  too  late,  or  if  it  do  np^ 
and  the  conspirators  are  not  to  be  believe^ 
then  I  am  oecuro,  nobody  in  the  world  can 
oonvictme. 

Juror,  We  desire  he  may  be  asked  what  ho 
mys  to^the  Letter. 

L.  C.  J.  WeU,  what  oay  yoa  to  it?  You 
have  made  aropoeals  yen  will  discover  othersi 
and  you  will  give  intimation  to  the  king  of  the 
measures  the  rest  of  the  conspirators  were 
taking  in  Ireland,  and  other  phu:es ;  upon  what 
design  did  you  write  that  ?  And  what  induced 
you  to  it  ? 

Copt  Waicot.  My  lord,  I  have  told  your 
lordship,  that  I  have  heord  a  groat  many  die* 
courses  relating  to  that  thmg,  and  beard  it 
mostly  by  Mr.  Ferguson,  with  whom  I  had  a 
great  mtimocy,  and  Idid  aocordidg  to  my  pro- 
miae  giro  thot  oooonat  of  it ;  but  if  his  m^esty 
would  not  beheve  me,  I  cant  help  it ;  but  tha 
king  was  not  pleased  with  me,  becauae  I  could 
not  descend  to  particulars;  and  I  could  4iot» 
because  I  never  had  been  in  their  compamyy 
nor  knew  nothing  but  what  I  bad  once  by  a 
private  band.  I  dealt  ingenoouoly  and  truly 
with  the  king,  and  told  him  what  I  knew. 

X.  C,  J,  Fray  observe  tbe  contents  of  your 
letter.  You  made  this  proposal.  That  you  be* 
ing  in  the  proclamation,  you  were  one  of  tha 
fittest  men  to  understand  and  smell  out  tha 
misasnres  of  the  other  persons.  By  ^is  it  ie 
plain,  you  took  yduiselr  to  have  an  iatimoiTf , 
and  some  intrigue,  with  the  other  persons  that 
you  thought  were  impeached;  your  leltoro 
does  import,  that  you  had  ouch  an  intereol 
with  thooe  persons,  that  they  would  have  eom- 
municQted  their  counsels  to  you. 

Capt  Wakot.  My  lord,  1  never  spake  bntwitii 
Mr.  Ferguson,  who  woo  a  man  they  did  madi 
confide  in ;  and  I  knew  very  well,  thot  by  my 
interest  in  Mr.  Fersruson,  I  diould  have  an  in- 
terest in  the  rest.  But  truly,  whether  the  duke 
of  Monmouth  be  there,  or  not,  I  know  not  I 
do  not  know  him  if  I  meet  him.  I  was  aovor 
at  any  oonsolt,  never  at  any  of  tbesa  dobatea^ 


MS]        STATE  TRIALS,  $5  CHABLits  II.  l6S5.— THo/  ^  Tionuu  jr^Uai,      [55C 


'  £•  C.  7.  What  did  jon  mean  by  this,  that 
this  wdii  your  first  enme  ?  -  You  knew  what 
joq  was  cbaiged  with ;  it  was  for  high  treason. 

Capt.  Walcot,  My  lord,  it  is  my  n»t  oriuie. 
My  lord,  I  have  heard  Aere  was  an  insurrec- 
tion intended,  I  have  heard  of  the  persons  that 
were  to  carry  it  on ;  I  did  look  upon  this  as  a 
misprision  of  treason ;  but  that  1  ever  acted  in 
it,  or  intended  it,  I  utterly  deny. 

L.  C.  J.  The  last  question  is,  Whether  you 
liSTe  any.  witnesses  ? 

Capt.  Walcot,  I  h%re  only,  a  young^  man  or 
two,  if  he  be  here^  to  prore  the  time  that  I  was 
SU  of  the  gout,  and  therelbre  it  is  improbaUe  I 
>hould  be  so  &r  oonoemed. 

X.  C.  J.  I  must  tell  you  before-hand,  that 
an  aigument  from  the  topic  of  probability,  will 
do  yon  but  little  service,  when  there  is  posi- 
tive evidence  against  you.  This  it  vnll  im- 
iiort  you  to  make  a  little  answer  to,  if  you  can. 
What  you  meant  by  your  application  to  oolo- 
)iel  Rumsev,  desiring -captain  Trabey  to  ^peak 
-  |o  him  and  Mr.  West ;  what  do  you  mean  by 
diat? 

Cajvt  Wakat,  My  lord,  would  not  any  man  in 
m^  circumstances  desire  a  man  to  deal  tmderly 
wifh  him  ? 

L,  C.  J.  Well,  is  this  young  man  come  in  ? 
Come,  Sir,  what  have  you  to  say  on  the  behalf 
ofthe  prisoner  at  the  bar?  Or  will  you  ask  him 
any  questions  f 

Capt.  Walcot,  Only  about  what  time  I  fell 
ill  of  the  gout,  and  how  long  I  continoed  so  ? 

L.  C.  J.  Do  you  know  about  what  time  he 
feU  ill  of  the  gout,  and  how  long  it  continued  ? 

Wit.  Mv  lord,  I  can't  remember  certainly 
the  time,  but  I  believe  it  was  about  three 
mtmths ;  I  can't  tell  certainly  when  it  began. 

Capt.  Walcot.  My  lord,  it  is  very  impro- 
bable, that  when  I  was  not  able  to  put  a  shoe 
on,  nor  wear  a  boot,  I  should  engage  in  so  ha- 
xardous  and  desperate  an  undert^ng. 

L.  C.J.  Have  yoa  done.  Sir? 

Capt.  Walcot.  Yes,  my  lord. 

Sot.  Gen*  May  it  please  your  lordship— «— 

Capt  Walcot.  The  jurv  will  take  notice, 
here  are  four  men  to  save  tneir  own  lives  swear 
me  out  of  mine. 

Solicitor  General.  May  it  please  your  lord- 
ship, and  you  gentlemen  of  the  jury,  the  evi- 
dence you  liave  heard  has  been  very  long,  and 
I  observe  that  capt.  Walcot  has  complained' of 
it;  it  has  been  delivered  mosdy  in  general 
terms ;  and  is  afraid  you  should  not  apprehend 
it  aright,  to  see  those  parts  wherein  he  is  eon- 
oemed,  hut  mistake  what  is  said  in  general  to 
be  spoken  appainst  him.  I  will  therefore  do 
him  the  iustice  as  to  recji^^itulate  that  part  of 
the  evidenoe  that  does  immediatelv  concern 
himself.  It  has  been  very  full,  and  given  by 
every  one  of  the  fbur  witnesses  that  have  been 
produced  against  him,  besides  the  letter  under 
nis  own  hmd,  whidi  is  twice  as  many  more. 

The  first  wimess  I  shall  remind  you  of  is 
Mr.  West,  though  not  produced  first,  yet  be- 
cause his  evidence  goes  further  backward ;  his 
aoquaintaooe  began  with  him  in  kst  summer 


vacation,  he  beoaoM  soon  intimate  with  hiua^ 
and  captain  Walcot  did  unbosom  hinaelf,  and 
tell  him,  that  there  was  a  dengn  to  m&ke  an 
insurreetion ;  that  it  wastny  lord  Shaflesbury's 
design  that  he  was  to  be  an  officer,  I  think  Im 
said  a  colonel  of  horse ;  he  invited  Mr»  West  to 
partake  with  him  in  Aat  design,  and  did  propose 
to  him  the  advantage  of  a  command  in  the 
army ;  but  he  not  being  onalified  declined  it. 
He  tells  you  further,  that  he  did  acquaint  him 
there  was  a  design  to  assassinate  the  Jung ;  and 
it  is  easy  enough  to  be  believed,  if  there  waa 
one  designed,  the  other  was  too.    And  yon  see 
all  akm^  the  only  dispute  was,  whether  the  as- 
sassination shouki  be  first,  or  follow ;  for  to  raise 
arms  against  the  king  is  directly  to  assassinate 
the  king ;  for  it  cannot  end  any  other  way  with 
security  to  those  that  raised  it    He  told  Mr. 
West  he  would  not  be  concerned  directly  in  the 
assassination,  but  in  the  insurrection  he  would  ; 
he  was  persuaded  to  come  in.    This  was,  last 
October,  discoursed  with  Mr.  West ;  th^  were 
to  rise  in  Norember.  Then  jool.  Rums^  comce 
in,  and  he  tells  you,  that  there  was  a^esign  to 
rise  in  November.     The  lord  ShaAsoury  sent 
him  to  persons  concerned  in  the  conspuacy,  t» 
know  in  what  readiness  it  was ;  but  they  bemg 
disappointed  of  men,  whom  diey  expected  to  rise 
in  the  country,  they  did  defer  it  at  that  time  ; 
at  which  my  lord  Shaftsbury  being  coneem^ 
ed,  went  into  HollaiMl,  and  I  think  the  pnsooer 
himself  hath  told  you  he  went  with  him.    The 
design  was  not  then  laid  aside,  but  still  car- 
lied  on ;  the  most  ma;teiial  man,  Mr.  Perguson» 
beiog  in  Holland,  there  was  some  little  stop 
put  to  it,  that  is,  to  the  swift  progress  of  it ; 
and  therefore  he  was  sent  for  over  to  manage 
it,  as  beioff  the  only  man  in  whom  aU  persona 
had  confidence.     When  he  comes  over,  he 
brings  captain  Walcot  along  with  him.    Mr. 
Ferguson  meets  at  Mr.  West's  chamber ;  this 
Mr.  West  and  col.  Rumsey  give  an  account  of» 
they  both  swear  it.     Several  meetings  there 
were  in  which  capt  Walcot  was  not,  and  pos- 
sibly at  those  times  be  might  be  sick  of^the 
gout,  and  that  might  occasion  his  not  being' 
there.    But  afterwards  both  tell  you,  that  capt. 
Walcot  did  meet  at  Mr.  West's  chamber,  and 
there  was  debated  particularly  th^  assasnnatioift 
ofthe  king ;  and  it  was  agreed  to  be  at  Rum- 
hold's  house  called  the  Ry  e^  looking  upon  it  as  a. 
very  convenient  place,  as  those  tiiat  know  it 
say;  there  being  a  narrow  passage  that  it  wae 
easv  to.assault,  and  hard  for  persons  to  escape  ;. 
and  with  40  or  60  men,  thereabouts,  it  was  a 
design  venr  likely  to  have  succeeded.    Capt* 
Wateot's  snare  in  this  was  not  directly  the  as- 
sassination of  the  king,  diat  he  would  not 
be  concerned  in,  being  a  soldier,  it  was  be- 
neath him  to  do  tiiat;  but  his  part  was  le 
fight  the  guards,  he  looked  upon  that  as  the 
more  honourable  employmenl ;  men  that  wore 
armed  to  engage  Uiem.  This  is  proved  both  by 
Mr.  West  and  col.  Rumsey. 

In  the  next  place,  gentlemen,  when  this  did 
not  succeed,  but  was  prevented  by  the  great 
provideeoe.  of  God  Almighty,  as  yoo  have 


WT] 


STATE  IBIALS^  55  CuAmtBi  11.  l68d^/or  ERgk  Tirmm. 


f55i 


hwdy  th^  cany  on  Uie  design  stflU  aD<l  td|:e 
it  into  their  coiincQs,  uid  resolved  to  carry  it 
oo,  either  at  Windsor,  or  in  b'ls.  passage  mm 
Windsor  to  Hamplcm-Coiirt ;  but  no  place 
was  oertain)^  fixed  upon;  and  I  thi^k  the 
latter  resolution  was,  that  it  should  lie  done  at 
ihe  bull-feast,  an  entertainment  that  was  de- 
svned  here  in  the  Adds.  Now,  gentlemen, 
while  this  was  carrying  on,  it  was  necessary 
to  carry  on  the  other  part  too,  that  is,  the  in-* 
surrection ;  and  that  capt.  Walcot  is  all  along 
concerned  in«  He  is  present  at  the  meetings 
in  the  taTcms,  where  they  discoursed  con- 
cerning men  to  secure  the  king.  This  is  Mr. 
Bonnrs  eiridence,  that  at  ihe  Dragon-taTem 
on  Snow-hill,  there  they  met  to  consult  to 
secure  the  king  and  the  duke.  That  he  was 
nresentat  the  meeting  in  London,  this  is  sworn 
Dy  sJI,  by  col.  Rnmsey,  Mr.  West  and  Mr. 
Bourn,  where  Goodenough  was  to  ^ye  an  ac- 
count what  success  he  mul  in  the  hst  made  of 
difiding  the  city  in  several  parts,  and  raising 
men  out  of  every  division,  imd  capt.  Walcot 
met  for  to  know  what  progress  they  had  made 
ia  it.  •  Gentlemen,  every  one  of  these  are  overt 
acts,  to  declare  his  intention  to  kill  the  king, 
and  are  all  high  treason. 

The  gentleman  at  the  bar  cannot  attempt 
to  mitigate  his  offence,  by  saying  he  wouul 
not  directly  assassinate  the  king,  but  would  be 
the  man  to  asssist  in  raising  arms ;  this  makes 
him  equally  guilty.  To  conspire  to  raise  arms 
against  the  King,  certainly  that  is  as  great  a 
declaration  of  his  ima^nation  of  his  heart  to 
kill  the  kiug«  as  any  tbtng  in  the  world  :  and 
this  being  proved  upon  him,  there  is  no  room 
&r  any  ob|ections  for  him  to  make ;  some  he 
hath  made,  not  worth-  the  mention ;  but  be- 
cause they  are  those  he  thinks  to  put  his  life 
upon,  I  will  take  notice  of  them  to  you. 

He  says,  the  witnesses  are  not  to  be  cr^ 
dited,  because  they^have  been  concerned  in 
the  same  conspiracy. 

Gentlemen,  because  they  have  been  con- 
cerned, therefore  they  are  to  be  believed ;  for 
who  should  know  this  but  those  that  were  so 
concerned?  I  think,  gentlemen,  there  is  no 
good  man,  no  honest  man,  would  desire  a  bet- 
ter evidence ;  for  better  evidence  coukl  not 
have  been  had,  unless  the  thing  had  taken 
SQccess ;  and  I  am  sure  that  is  far  from  the 
heart  of  any  man,  that  has  the  heart  of  a 
diristian,  to  wish.  Does  he  pretend  to  intrap 
these  witnesses  in  any  contradictions  ?  does  he 
jirrtend  to  say  these  witnesses  have  consulted 
together  to  make  up  this  story  to  accuse  him 
foer  his  life  ?  There  is  notbing  pretended  of  it, 
but  on  the  contrary  he  owns  he  met  these 
men;  but  the  end  of  his  goia<if  there  was 
4inly  io  hear  uews.  I  thought  tiiat  had  not 
been  the  proper  place  to  hear  news  in  ;  cer- 
tainly no  man  that  comes  there  would  have 
been  admitted  merely  for  curiosity  ;  certainly 
he  most  briug  a  mind  to  accompany  them  in 
all  tbeir  villainy  :  but  his  own  confession  you 
have  for  that.  I  think  he  hath  hardly  confi- 
d^iic^  to  deny,  buthn  was  at  several  copsults 


for  raising  arms  at  Mr.  West's  ebaoiber.  You 
were  wh«i  Goodenough  gave  an  account,  at 
the  Green-Dragon  taveni.  You  were  whef  e 
discourses  were  of  raising  arms  to  secure  the 
king  ;  and  nothing  he  has  said,  gentlemen,  to 
dear  himself. 

Gentlemen,  here  is  that  above  all  evidence  ; 
here  is  almost  the  confession  of  the  prisoner, 
the  letter  of  his  own  hand.  That  letter  (when 
he  sees  his  name  in  the  proclamation)  acknow- 
ledges it  is  his  first  crime,  he  says  :  what  was 
that  crime?  He  was  proclaimed  as  a  traitor. 
He  says  in  his  letter,  that  his  life  was  at  the 
king's  merc^  ;  that  if  his  death  would  do  the 
king  more  service  than  his  life  God's  will  be 
done  ;  that  if  his  majesty  would  admit  him  i» 
come  in,  and  use  mercy,  he  would  tell  all  he  knew 
concerning  England,  Scotland,  and  Ireland, 
which  he  tnougnt  would  be  more  material  than 
any  thing  that  another  discoverer  could  tell.  This 
shews  he  hath  a  deeper  hand  than  any  of  these 
men  that  hare  ffiven  this  evidence.  You  see  they 
accuse  thems^ves  ;  they  confess  this,  and  it  10 
a  great  mercy  they  have  so  done ;  for  all  your 
lives  and  liberties  m  the  person  of  the  king  are 
preserved  ;  and  God  be  thanked,  titat  you  are 
iiere  this  day  to  sit  in  judgment  upon  him  that 
would  have  deprived  you  of  them. 

• 

X.  C.  J.  Look  you,  gentlemen  of  the  jurr» 
here  is  the  prisoner  at  the  bar  indicted  of  high- 
treason,  and  it  is"  for  conspiring  the  death  of^be 
kioff,  and  for  endeavouring  to  raise  arms  within 
his  kingdom  against  him.  .You  hear  he  denies 
himself  to  be  guilty';  vou  have  heard  the  evi- 
dence, and  this  does  plainly  appear  upon  whst 
you  have  heard,  thatthere  was  a  dangerous  and 
desperate  pk>t  upon  the  king,  to  have  destroyed 
him,  that  is  most  certainly  plain,  the  prisoner 
himself  confessed  it ;  that  there  were  several  con- 
aotlsand  meetings  concerning  it, and  thatthishad 
a  great  prog^ress  from  time  to  time,  for  near  half 
a  year,  is  very  plain.;  that  he  was  atmstny  con- 
sults, is  very  certain ;  tliat  there  was  a  design  to 
raise  an  insurrection  and  war  within  this  nation, 
is  as  plain  by  them  all ;  it  was  desijgfued  the  last 
winter  to  have  done  it.  The  witnesses  (who 
are  certainly  the  persons  most  capable  of  giving 
evidence)  tell  you  there  were  several  times  ap- 
pointed, and  still  they  were  by  one  providence 
or  another  disappointed.  All  of  them  tell  you, 
there  was  a  design  to  Kill  the  king  and  duke  at 
the  Rye  in  Hertfordshire,  as  they  came  froqi 
Newmarket :  this  is  very  plain  too,  that  this 
fi^entleman  at  the  bar  knew  of  this  ;  this  hp 
himself  confesses,  that  be  was  at  several  of  the 
consults  ;  and  this  he  excuses  it  by,  that  that 
was  misprision  of  treason,  if  he  did  not  under- 
take to  do  any  thing.  As  io  that,  gentlemen, 
we  do  tell  you,  the  law  is,  that  those  that  are 
at  a  consult  for  the  killing  the  king,  or  dmng  of 
a  traiterous  act,  that  is  in  them  high  treason,  his 
being  at  the  consulting  of  it.  It  is  true,  it 
woukl  excuse  and  milagate  the  fact,  if  they 
should  come  afterwards  and  disoorer  it,  itmighi 
intitle  them  to  the  king's  mercy ;  but  to  be  at  a 
coiisuU  upon  a  treasonable  dssign,  to  meet  fap 


«$9)      STATB  l^IALS.  35  Charles  If.  1 6%S^iirUl  *f  Tkma*  WUeot,      [MIT 


lint  puf'|icMli  lb  htkt  tbe  plot  bkl,  nod  ft  dcsigti 
to  take  a^y  Ae  king's  lif«,  oir  to  raise  arms 
against  him  Awi'to  say  botbiDg  of  this,  this  is 
downright  t^ifeason,  and  it  is  not  misprision,  of 
treason ;  his  law  that  he  t^lies  npon,  tails  him 
there.  It  is  very  plain  by  bis  own  words,  be  heard 
))f  this  cdhsj^racy ,  and'he  kept  it  secret,  and  says 
Clothing  oTit ;  and  this  he  says  is  his  crime  that 
lie  roentibned  to  the  king  ;  so  be  wouM  miti- 

git^  it  by  saying,  it  is  but  misprision  of  treason, 
at  without  doubt,  the  meeting  at  sereral  times 
^  upon  tbisdesi^^ifhehad  promised  and  un- 
dertaken nodimgin  it,  his  keepine  of  it  priTttte 
as  he  has  done,  makes  him  gudty  of  high 
tt*eason ;  So  that  out  of  his  own  words  it  is  plain 
tbatheisgnilty.* 

Bu^  tb»,  consider  what  two  witnesses  posi- 
aifely  prove  upon  him :  they  prore,  liiat  be  did 
there  ueny  to  be  any  of  them  tbat  should  assas- 
isinate  the  king ;  tons  says  col.  Rumsey,  and 
thus  says  Mr.  West ;  but  he  would  be  one  of 
tfaeni  that  should  fight  the  guards',  and  he  did 
^mdertake  to  fight  me  guards,  aa  bbth  of  them 
positively  swear.  This  is  done  wit)icbt;um- 
atances  of  overt  acts  too,  as  tbe  pn/Hdbgof 
horses,  and  a  tuck  was  to  be  prepared  in  order 
to  it,  and  a  tuck  he  did  prepare ;  whether  he  did 
go  down,  that  is  a  Utile  daric,  bat  be  ^  agree 
to  go  down. 

Gentlemen,  It  is  plbin  by  what  Mr.  West 
aaid  of  him  that  he  iiad  a  design  formerly  in 
my  lordShd%esbury's  time  to  have  raised  ^var ; 
be  had  undertaken  to  be  a  colonel  of  horse 
under  my  lord  Shaftebory,  and  he  offered  Mr. 
West  to  be  one  of  his  officers  under  him.  This 
is  a  desi^  to  raise  war  against  the  king,  and 
declares  it  sufficiently.  That  which  makes  the 
evidence  further  plainly  and  greatly  clear,  is  a 
letter  whereby  he  does  submit  to  -tibe  king^s 
mercy,  but  proposes  thathimself  is  abler  to  in- 
atruct  the  kuiff  in  these  matters,  than  any  of 
(tiose  that  had  made  fbrmer  discoveries  ;  and 
.  therefore  if  his  majesty  should  think  fit,  he 
trould  make  him  a  full  discovery,  not  only  of 
4hings  in  this  kingdom,  but  of  tne  transactions 
with  other  kingdoms,  that  is,  Scotland  and  Ire- 
land, in  which  betakes  himself  to  be  more  ca^ 
pable  of  discovering  to  tbe  king  than  any  body 
else,  because  be  was  concerned  with  the  agents 
there ;  \^bicb  shews  this  plot  hath  gone  a  ^retX 
way:  this  design  bath  gone  intoother  of  the  king's 
dominions,  and  it  is  to  he  feared  it  is  larger  than 
the  kingknows.  It  is  time  to  nip  these  treasons 
when  they  are  gone  so  far ;  certainly  a  morebar^ 
barous  design  was  never  thought  otby  mankind. 
*  We  have  had  certainly  as  many  engagements 
>  to  the  king,  as  any  subjects  ever  had  to  any 
prince  whatsoever  :  be  has  done  as  many  acts 
of  grace  ;  we  have  lived  as  peaceably  as  any 
people  linder  a  prince  can  ever  expect  to  do; 
he  hath  ^eWed  himself  with  as  much  kind- 
ness, with  as  much  lenity,  even  to  his  very  ene- 

*  As  to  the  distinction  in  such  cases  between 
Treason  aud  Misprision  of  Treason,  see  East's 
Pleas  of  the  Crown,  c,  3.  s.  7.  c.  3.  s.  1.  and  the 
anthorities  there  referred  to. 


mies,asaByptiBoethat«rer1rereadof:  the|ifea 
servation  of  our  religion,  and  the  kiwa  of  tliei 
kingdom ;  ouriawsand  Hberties,  and  idl  oiirha|i<' 
piness,  depend  as  much  npon  his  life  aa  they  ever' 
did  upon  t1ieiifi»  of  any  prinoe,  or  ever^can  do  ; 
so  that  we  ought  all  to  beeooceitied  even  to  the 
last  drop  of  our  Mood,  to  preserve  him :  but  hmt 
this  mischievous  design  should  enter  into  thm 
hearts  of  men  to  undertake  to  kill  him  in  such 
villainous  and  barbarous  a  manner  aa  this,  may 
justly  Vnake  ua  astonished. 

Gentlemen,  you  hear  your  evidence,  yew 
have  a  very  strong  evidence,  in  this  ease,  and 
stronger,  1  think,  than  could  be  expeeted  in  the 
case  of  treason. 

The  Jury  went  out  for  about  half  a  euartes 
of  an  hour,  and  returned,  and  brought  tbe  fn-* 
soner  in  Guilty. 

See  an  acooant  of  bis  ESDecution,  at  the  en<l 
of  lord  Russel's  Case. 


This  Judgment  against  Wakot,  after  ,the' 
case  had  been  severiu  times  argued  at  thehary 
was  reversed  in  B.  R.  Trin.  8  W.  3.  per  totara 
curiam,  see  d  Salk.  638. 4  Mod.  395.  See,  too. 
East's  PI.  Cr.  c.  2,  s.  TO.  Thu  reversal  was 
affirmed  in  Dom.  Proc.  Of  the  proceedings 
upon  which  affirmance  sir  Bartholomew  Show- 
er's Report  (Cas.  in  Pari.  187)  is  as  fbUowa : 

.DoMiNus  Rex  v.  Walcqt. 

Writ  of  Error  to  reverse  a  reversal  in  B.  R. 
of  an  attainder  for  Treason  before  Commia* 
sioners,  &c.  at  tbe  .Old  Bailey,  against  Waloot. 
The  Record  was  thus : 

GuftelmusTertius  Dei  gratia  Angliie,  Sootiie, 
Franciee,  et  Hibemiee  Rex,  fidei  defensor'  &c. 
dOect*  et  fideli  nostro  Johanni  Holt  Mihti,  Ca- 
pital! Justiciario  nostro  ad  placita  coram  nobis 
tenend'  assign',  salutem.    Vluia  in  recordo  et 

Srocessu,  ac  etiam  in  redditione  judicii  cujua- 
am  indictamenti  vermis  Thomam  Waloott, 
nuper  de  London  generosum  mode  defunct', 
pro  quibusdam  ^s  proditionibus  personam 
Domini  Caroli  secundi  nuper  Regis  Anglisa 
tangent'  modo  indictat'  fuit  et  superinde  per 
quand*  jur'  superinde  intr*  preefat'  nuper  Regem 
et  pnerat'  Thomam  Walcott,  capt'  coram  Jua- 
tic'  dicf  nuper  R^is  ad  gaolam  deUberand* 
assign'  convict'  exit',  et  judicium  superinde 
reddif  fuit  pro  prtefat'  ni]q»er  Rege  versus  prse* 
fat'  Thomam  Walcott,  ut  dicitur,  quie  qmdem 
n^ordum  et  processum  pr«dict'  causa  erroris 
intervenient'  in  curia  nostra  coram  nobis  venire 
fecimns,  et  judicium  inde  in  eadem  curia  nos- 
tra coram  nobis  reversatur.  Et  ^lia  in  rever- 
satione  judicii  pnedict'  coram  nobis  super  brev* 
de  error'  prseaict',  error  intervenit  manifestut 
ad  grave  oampnum  cnjusdam  Isabcllee  Dilloa 
vidtie,  Comitissee  lioscomon,  nuper  uxori 
Wentworth  DiHon  Armig',  nuper  comitns 
Roscoraon  in  regno  noatro  Hibemico,  sicut  ex 
(querela  sua  accepimos,  nos  errorem,  si  quia 
tuerit,  modo  debito  oonigi,  et  eidem  Isabelte 

8 


^i] 


STATE  TRIALS,  35  CflAtLEft  II.  l6ns.^far  tligk  TVeai^. 


emm  et  eeloem  jiifCiciam  fieri  Tokotes  m 
parte: 
VoUs'  mandamus,  cptod  a  judicimn  super 
krevedeeirorepnedici^TevefBat'  sit,  tura  re* 
eonkmi  et  prooessiun  prsedieta,  cum  omnibus 
ea  taiigeiic%  doIns  ia  pariiamentom  nostnim  ad 
proadawoi  sessioDem,  vicesfano  oclavo  die  in- 
stantis  meusis  Julii  tenends  distiiicte,  et  apeite^ 
mittatia,  et  hoc  breve,  ut  inspect^  record*  et 
pvocaau  prsdielis,  ulterius  inde  de  asseusu 
DoariiMNmin  8piritualium  et  Teraporaliu^n  in 
eadem  parliamento  eadstentS  pro'  errore  iUo 
eoRifeiido  fieri  tacS  quod  de  jure  et  secundum 
legem  et  oonsuetudinom  reg^i  nostri  Anglis 
fwrit  fadend*.  Teste  Tfaoma  Archiepiscopo 
Cantoar*,  et  cseteriy  Custodibus  et  Justicianis 
TCgni  j  apod  Westm*,  sexto  die  Julii,  anno  regni 
DQStri'  octftTO.  Maitin. 

BespoDS*  Johannis  Holt  MilS  Capital'  Justi- 
ciarii  infra  nominate 

Record' .  et  process*  undo  infi«  fit  mentio, 
cum  omnibus  ea  tangen',  I>omino  Kegi  infra 
nominat*  in  presens  parliamentum  propriis 
nanibos  protuli,  in  quodam  record'  huic  brevi 
aonex%  prout  interius  mihi  prsecipitur. 

J.  Holt. 

Pladta  coram  Domino  Rege  apud  Westm'  de 
ta'mino  Paschee,  anno  re^ni  Domini  Wit- 
lielini  tertii  nunc  R^^  Anglue,  &c.  sep- 
tixno.     Rot.  3. 

Landon  9$*  Dominus  Rex  mandavit  Justic' 
mm,  per  litefas  snas  patentes  sub  magno  sigiUo, 
ad  inqoiveiid'  per  sacrlim*  pruborum  et  lega- 
liam  bonaidum  dvitat'  London,  ac  aliis  viis, 
nadis,  eat  mediis,  quibos  melius  sciTerint  aut 
poterint  d^  quiboscunque  proditionS  mispri- 
sion', proditionS  insurrection',  rebellions  et  al' 
nalelaciis,  offens',  et  injur*  quibuscunoue ; 
necnoD  JFustic'  sois  ad  gaolam  suam  de  New- 
gate pro  ciritat'  London  de  prison*  in  eadem 
existen'  detibefand'  assign',  et  eorum  cuilibet 
brete  snom  in  hcec  verba: 

Gulielmus  tertius  Dei  gratia  Angiiee,  Scotiee, 
Fnnciae,  et  Hibemi»  Rex,  fidei  defensor,  &c. 
Jastidar*  suis  per  literas  snas   patentes  sub 
magno  aigiUo  Anglis  confect'  ad  inquirend'  per 
necam*  proborum  etlegalium  hominnra  ciritat^ 
liDndoD,  ac  alii»  viis,  modis,  et  mediis,  quibus 
Aelios  sdrerint  aut  poterint  de  quibuscunque 
prodition',  misprision', prodition',  insurrectimi', 
rebdiion',  et  al*  maletactis,  oiTens',  et  inivr 
qnibuscunqoe,  necnon  Jnstic^  suis  ad  gaolam 
siiam  de  Newgate  pro  ciritat'  London  de  pri- 
•oaariis  in  eadem  ezisten*  deliberand'  assign', 
et  eomm  cuilibet,  salutem.    Quia  in  recordo 
ct  proceasu,  ac  etiam  in  redditione  judicii  cu- 
joMfaum  indictamenti  versus  Thomam  Walcott 
niiper  de  London  gen'  ddunctum,  pro  quibns- 
dam  altitf  prodition'   person'  Domini   Caroli 
•eeundi  nuper  Regis  Anglie  tangent',  undo 
ittdietat'  est,  et  snperinde  per  quandam  jur* 
fatrife  inter  pnefiit'  Dominum  uuper  Regem, 
et  pne&t'  Tbomam  Walcott,  capt'  coram  Jus- 
ticiar' dicti  Domini  Carol!  secondi  nuper  Regis 
^ngliie,  &c,  ad  gaolam  prodict'  deliberand' 

VOL.  IX.     M 


[S6i 

assyi*,  convict',  et  jndic'  superinde  reddit'  si*» 
ut  didtnr,  error  iritervcnit  manifestus  ad  grav* 
daronnum  Johannis  Walcott  gen',  filii  et  bsered* 
pned'  Tbomie,  sicut  ex  querela  sua  accepimn9  < 
Nos  errorem,  siqois  fuit,  mode  debito  comgiy 
et  eidem  Johanni  pleuam  et  celerem  justitian^ 
fieri  volentes  in  hac  parte,  vobis  mandamus^ 
quod  si  jutlidom  reddif  sit,  tunc  record'  et 
process*  pnedtct',  cum  omnibus  ea  tangent', 
nobis,  sub  sigillis  vestris,  vel  un'  vestmm,  dis* 
tincte  et  aperte  mittat',  et  hoc  breve,  ita  quo  en 
babeamus  a  die  Paschs  in  tres  septiman',  ubi- 
cunque  tunc  fuerimus  in  Anglia,  ut  inspect'  re* 
cord*  et  process*  prsedict'  ulterius  inde  pro 
errore  illo  corrigend'  fieri  faciamus,  quod  de 
jure,  et  secundum  legem  et  consuetndii^em 
regni  nostri  Angiitt  iiierit  ladend'.  Teste  ^ 
'  mdpoo  apud  Westm'  dedmo  septimo  die  Martii| 
ann6  regni  nostri  septimo. 

Execntio  istius  brevis  patet  in  schedulael 
recordo  hoic  breri  annex'. 

Respons'  Thomfe  Lane  Mil',  Mi^or^  dvitat* 
London,  ac  un'  Justic*  infrascript'  record* 
et  process',  unde  in  brevi  suprai^icl*'  t'nit 
mentio,  sequitur  in  bsec  verba. 

"  London  ii .  Memorand',  quod  per  qoii!hdam 
inquisition'  capt'  pro  serenissimo  Domino  Rcge^- 
apud  Justice  Hall  in  the  CNd  Bailey,  Londonv 
in  parochitt  sancti  Sepulchri  in  wardo  de  Far* 
in^on  extra  London  prcedict',  die  Jovis^ 
scilicet,  dnodedmo  die  Jnfii,  anno  regni  Do« 
mini  nostri  Caroli  secondi,  Dei  gratia  Anglitei 
Scotise,  Franciee,  et  Hibemiee  Regis,  fidel 
defensor'  &c.  tricesimo'quinto,  coram  WiflieW 
mo  Pritchard'  Mil',  Majore  civitat'  Londoiu 
Frandsco  Pemberton  Mil',  Canitali  Juetic« 
Domini  Regis  de  banco,  <Scc.  ac  aliis  sodis  sui« 
Justidariis  dirti  Domini  Regis,  per  lilcta^ 
patent'  ipsius  Domini  Re^  eisdem  justiciar* 
prBenominat',  et  aliis,  ac  quibuscunque  ouatuor 
vel  plur'  eorum,  sub  magno  sigillo  diet*  Domini 
Regis  Angiiee  confect',  ad  inquirend'  per  sa« 
crament'  proborum  et  legalium  hominum  de 
civ*  London,  ac  aliis  viis,  modis,  et  mediis,  qui* 
bos  melius  scierint  aut  poterint,  tarn  infira  liber* 
tat'  quam  extra,  per  quas  rei  jreritas  meliut 
sciri  poterit,  et  iiKjuir*  de  quibuscunque  pro* 
dition',  misprisions  prodidon,  &c  infra  dntat* 
prsedict',  tarn  infra  libertat*  quam  extra,  per 
quoscimque  et  qualitercunque  habit',  fact',  per* 
petrat*,  sive  commies',  per  quos  vel  per,  qu», 
cui  vel  quibus,  quando,  qualit',  et  quomodo,  el 
de  aliis  articulis  et  circumstant'  pnemissis,  et 
eomm  aliquod  vel  aliqua  qualitercunque  con* 
cemen*  plenius  veniat',  et  ad  eadem  et  al'  prts* 
missa  audicnd'  et  terminand'  secundum  legem 
et  consnetudinem  regni  dicti  Domini  R*P* 
Angliie  assignat*,  per  sacrament'  Rich^  Alje 
arm*,  et  aliorum  probonmi  et  legalium  liomi- 
num  dritat*  London  preed',  qui  adtunc  ct  ibi* 
dem  jurat'  et  onerat'  existent  ad  inquirend« 
pro  dirt*  Domino  Rege  pro  corpore  dvitat* 
predict*  extitit,  proesentat*  quod  Tho'  Walcott 
nuper  de  London  gen',  ut  falsus  proditor  con- 
tra illustriiHMmum  et  exoellentissimum  prinq** 
20 


M»3]       STATE  TRULS,  35  Chablb$  U. 

pern  ]>oiiuaiiin  nostrum  CarDlum  seconds 
Dei  grat'  Aj\gVy  Scot*,  FmncS  et  Hibem' 
Re^m,  et  natunJem  Eioin'  suum,  timoren 
Dei  in  oorde  suo  non  habeus,  nee  debit'  ligean' 
*  Aiam  ponderanS  sed  instigatione  diabolica  mot* 
et  seductS  dilecUoDem  veram  et  debitam,  et 
naturajeaa  obdient^  quaa  verus  etfidelis  subdit* 
diet*  Domini  Regis  erga  ipsum  Dominum 
Regem  gereret  et  de  jure  ^erere  teoetur,  pe- 
nitus  subtrahens,  et  totis  vinbus  suis  intenden* 
pacem  et  comnjunc^  tranquiUitat'  hujus  regni 
Angliffi  perturbore,  et  guerram  et  rebellion* 
oontra  dictum  Dominum  Regem  suscitare  et 
movere,  et  gubemat'  dicti  Domini  Regis  in  hoc 
r^o  An^Tie  subvertere,  el  diet*  Dominum 
Regem  atitulo,  honore,  et  regali  nomine,  coron* 
imperial*  regni  sui  Angliae  deponere  et  depra- 
Tare»  et. dictum  Dominum  Regem  ad 'mortem 
et  finalem  destruction'  adduoere-  et  ponere,  se- 
Gundo  die  Martii,  anno  regni  Domini  Caroli 
secundi  nunc  Regis  AngUe,  &c.^  trioesimo 
quinto,  et  dirersis  al*  diebus  et  \'icibus,  tam 
antea,  quam  postea,  apud  parochiam  j^ncti 
Michselis  Bassishaw,  in  warda  Bassishav^PjOn- 
don,  malitiose  et  proditone,  cum  diversis  aliis 
proditoribus  jur*  preed*  ignot',  consnimit,  com- 
vassavit,  imagnat*  fnit,  et  intendebat  dictum 
Dominum  Regem,  supremum  Dominum  suum, 
non  solum  de llegali  statu,  titulo,  potestate.,  el 
xegimine  regni  sui  Angltse  deprivare  et  deji- 
pere,  Terum  etiam  eundem  Dominum  Regem 
interficerej  et  ad  mortem  adducere  et  pouere, 
•ct  antiquam  gubemat*  hujus  regni  Angliie 
matare,  alterare,  et  penitus  subvertere,  ac 
Btragem  miserabilem  inter  subdit*  diet*  Domini 
Regis  per  totum  regnnm  suum  Angiise  causare 
et  procurare,  ac  insurrection*  et  rebellion*  con- 
tra diet*  Dominnm  Regem  movere  et  suscitare 
infra  hoc  regnum  Angute,  et  ad  easdem  nefan- 
dissimas  prodition*,  et  proditorias  compassa- 
tion*,  imagination*,  et  proposita  sua  prnd*  pre- 
implend*  et  prefidend*  idem  Thomas  Waloott, 
et  falsus  proditor,  tunc  et  ibid*  et  dirersis  aliis 
diebiis  et  yicibus  tam  antea,  quam  postea,  ma- 
litiose, proditorie,  et  advisate  se  assemblabat, 
conveniebat,  et  oonsultabat  cum  pr«ed*  al*  pro- 
ditoribus  jur*  pnedict*  ignot*,  et  eum  eisdem 
tractabat  de  et  pro  eisdem  suis  proditionibus,  eC 
prodituriiB  oompassation*,  imagination*,  et  pro- 
positis  suis  prosequendS  ezequend*  et  perim- 
plend*,  quod^ueidemThomasnalcott,otialsu8 
proditor,  malitiose,  proditorie,  et  advisate  tunc  et 
ibidem,  et  diversis  al*  diebus,  et  vicibus,  tam  antea 
quam  postea,  super  se  assnmebat,  et  predict* 
aliis  proditoribus  proraittebat  se  fore  auxiliant* 
et  assistent*  in  execution*  prodition*,  et  proditor* 
oompassation*,  imagination*,  et  proposit*  sua 
predict*  perimplena*  et  p^ciend*  et  easdem 
nefandissimas  prodition*,  et  proditor*  ooitipassa- 
tion,  imagination*,  et  proposita  sua  predict* 
periniplend*  et  peri&ciend*  idem  Thomas  Wal- 
cott,  ut  liEilsus  proditor,  malitiose,  proditone,  et 
adrisate  tunc  et  ibidem  arroa,  videlicet, 
{Anglice,  Blunderfnmes)  Bumbard*  (Angliee 
Corv^jtoeir)  Sclop*  (Anglioe  FiitaU)  et  procura- 
bafcet  pneparabat  oontra  ligeantie  bus  d^'bit*, 
cpntni  paoem  dicti  Diwuni  nm^  coron'  et 


l6Sd^7VMl#/90MAFUM,      iSH 


dagnitat*  mms,  4cc.  wticmm  oontrm 
statut*,  in  ht^jusmodi  pasu  edit*  et  previa*,  te. 
per  quod  pn^cept*  fnit,  videlicet,  dvitat*  pns* 
diet*,  quod  non  omitt*,  &c.quin  capemt  pnefirt^ 
Tliomam  Waloott,  si,  6cc.  ad  respond*,  4cc  el 
mo^o,  scilicet,  ad  deliberation*  gaole  dieti 
Domini  Regis  de  Newgate  tent*  pro  csvitat^ 
London  apud  Justice  .Hall  prodict*,  in  ^ida 
parodua  gancti  Sepulchri,  in  warda  <ie  Faring* 
don  extra  London  pnetjict*,  dicto  die  Jovas,  vb* 
decimo  die  Julii,  anno  tiicesimo  qninto  tinrap^ 
diet*,  coram  praifat'  Wiilidm*  Prttcbaid  Mils 
Miyore  dvitat*  l^ondon*  ac  aliis  sociis  aiiis 
Justiciariis  dicti  Domini  Regis  ad  gaolam  siiaoi 
de  Newgate  de  prison*  in  ea  ezisten*  delibcr* 
and*  assign*,  pnelat*  iustic*  dieti  Deouai 
Regis  prius  nominat*  per  ouuras  anas  pro« 
prias  deliberaver*  indictament*  prsdict*  bie 
in  cur*  de  recordo  in  foimam  juris  terminaod*, 
Slc.  super  quo  ad  istam  eandem  deliberatioD* 
gaole  diet*  Domini  Regis  de  Newgate,  tent' 
pro  dvitat*  London  prttd*  appd  Justice  Hall 
predict*,  dicto  die  Jovis  duodecimo  die  Jalii^ 
anno  tricesimo  (|uinto  supradict*,  oocam  pne&t^ 
Justic*  ult*  nominat*  ven*  pned*  Thomas  Wal- 
cott,  sub  custod*  Diidld  North  Mil*,  et  Petri 
Rich  arm*,  Vicecoiii*  dvitat*  predict*  (in  qae-' 
rum  custod*  ez  causa  priedicta'  prcanlen 
commiss*  fuit)  ad  barram  hie  dnct*  in  pro- 
pria persona  sua,  qui  committitnr  pnefat5 
Vic*  dvitat*  London,  &c.  et  statim  de  pre* 
missis  pnsdict*,  in  indictament*  predict*  ane- 
dficat*,  ei  superius  imposit*  alloeat*,  quwil* 
se  vellet  inde  ac^ uieian,  idem  Tfaomias  Wai* 
cbtt  dicit,  quod  ipse  non  tist  inde  colpabilS 
et  inde  de  bono  et  malo  pon*  se  super  patQam*r 
Ideo  immediate  ven*,  mde  jur*  &e.  conn 
pree&t*  Justic*  ult*  nominat*  hie,  6te.  el 
jur*  jurat*  illius  per  pr«fat*  Vio*  ad  1mmi> 
impanellat,  sdl*,  &c.  exact*  vener*,  qined 
yeritat*  de  pramiss*  dicend*  elect*,  triatS  dr 
jurat*,  dicunt  super  sacrament*  aaum,  quod 
pnedictns  Tbo*  Waloott  est  cnlpabil*  de  ak« 
prodition*  pnedict*  in  indictsunent*  pradict*  ape* 
diicatf,  ei  superius  iraposit*  modo  Acforoaa, 
prout  per  indictament*  pnedict*  sufterius  veranl 
eam  supponitur,  &  quod  idem  Thomas  Waloott 
nulla  hauuit  bona  sen  catalla,  terras  aive  teiifr* 
menta  ad  eorum  notic* ;  eC  soper  hoc  atetiBa 
qussit*  est  de  pr«fat*  Tho*  Waloott,  si  qned 

Ko  se  habeat  vel  dioere  sdat,  qnare  ear*  diet* 
omini  Regis  hhc  ad  judidum  et  execution*  dt 
eo  super  veredict*  predict*  procedere  non  Jk» 
beat,  oui  nihil  ulterius  didt  prtttenpiam  ul 
pfius  oixerat,  super  quo  visis,  et  per  cor*  hio 
plene  intellectis  omnibus  et  singuha  pwemisaie, 
oonsidei^*  est  per  cnr*  hie,  quod  pned*  Tbo* 
Waloott  ducatur  ad  gaolam  dicti  Domini  R^gif 
de  Newgate,  undo  venit,  et  ibidem  super  hicein 
ponatur,  et  abinde  usque  ad  furcas  de  Tjbaiii 
trahatur,  et  ibidem  per  cdlum  suqiendaiur,  el 
vivens  ad  terram  prostematur,  et  quod  aeccel% 
membra  ejus  amputentur,  et  interiora  sna  extra 
ventrem  suum  capiantur,  et  in  ignem  ponanHir, 
et  ibidem  comburantur,  et  quod  oapiit  ^na 

Sutetor,  quodque  cofpus  dus  in  quatiior  pi 
ividalur^  ill«  ponantiir  uibi  Dominaa  Bex 


M6sy  STATB  TUAU^  55  Chaubs  IL  l6i$^0r  High  7W«mii.  ; 


{pG6 


ynUty  te.  per  qaod  praoept*  liiU 
Vic*,  qno4  eaperent  *0om,  ri,  te.  «d  tatufli- 
IS  ^be.  et  modo^sdlS  die  Jo?i»  prox*  post 
I  pMdi«  iito  eodem  termino,  coram 
Bm  miDO  apud  WesUn*,  Ten'  quidam 
»  Waloott,  fiiina  et  toren  pnedkt' 
Waleott  defonct*,  de  alta  prodidene 
vmiaBt^f  convict*  et  attmctS  per  Benedict' 
Bunme  Attomat*  aunin,  et  hmV^  audit*  re- 
€tid'  predicts  niper  quo  pned*  Thomas  con- 
vid^  et  attmci«  enatit,  dicit,  quod  in  record*  et 
pMccaa*  pnedictS  ac  etiam  in  redditione  jndtcii 
mamteate  cat  errat*  in  hoc,  Tid','  <^ao<f 
per  record*  praedictS  qu6d  judiaum 
t*  eat  pro  dioto  Domino  nuper  Rege,  ubi 
per  lB|pea  hinua  reeni  Anglitt  judicium  pnedict* 
pro*  dieto  I'boma  Walcott  reddi  debuiaset,  et  in 
e»  maniftateest  emtf .  £rratum  eat  etiam  in 
hoCf  Tis.  quad  Crimina  in  et  per  iodictamen- 
tnn  predict'  versus  pnedict*  Tbomam  imposit*, 
per  legea  hnjus  reffni  Anglie  inserte,  duoie,  et 
imis  generaiit'  alMgat*  existunt,  quodque  idem 
iadwtMiieDtum  suppoeuitf  eteidem  Thomae  one- 
rat  et  impoait  crimiha  direraimoda,  et  toto  ge- 
Done  iiiier  ae  diacrepantia,  quodque  judiciutt) 
aaperiiide  reddit*,  ait  et  existit  contrarium  le- 
giMs  AngliaB^  et  minimc  pronunciand*  vel  im* 
panend*  pro  vel  super  nujusmodi  crimina, 
yal*  in  indiolamanto  prsdict*  suppcnnntur,  et 
neo  manifeBte  esterrat*,  undepet*  judicium 
car*  hie  in  pnemiaa*,  et  quod  judic*  et  attinctur* 
pOBdiot*  ab  error*  pnedict*,  et  al*  in  recordo  et 
prooaas*  prsdict*  compert*  existent',  reversetur, 
adanllftur,  et  peaitus  pro  nuHo  habeatiir,  et 
quod  ipae  pnedict'  Jobannes  Walcott  filins  et 
baraa  pnedict'  Thome,  ad  omnia  quceipse 
pml*  Jobannea,  ooeasione  judicii  et  attinctur* 
pnedict*  amisit,  restituatur,  et  quod  cur'  hie 
praeedat  ad  examinationem  tarn  record'  et 
pneesa*  pnedict*,  quam  materiar*  superius 
pus  eqrore  asiigu*,  ^c.  et  quia  cur*  dicti  Do- 
Bttni  Kcgis  bic  de  judido  sue  de  et  super 
premisais  reddend'  nondum  advisatur,  dies  iode 
dat^  est  pneiat*  Jobanni  Walcott  in  statuto  quo 
Bttoc,  Ste.  in  cro*  sanctie  Trinitat',  coram  Do- 
nmo  Rc^  ubicunque,  &c.  de  judicio  suo 
in^  audjend',  &c.  ad  quod  quidem  crast' 
itaclKj  Trinitat,  coram  Domino  Reffe  apud 
Westu*  ven'  pra^dictus  Johannes  Walcott  per 
AMoraat*  snum  jinedict',  et,  ut  prius,  petit  ju- 
dicium, et  qiiod judicium,  et  attinctur*  pnedict', 
venMM  pnedict'  Tbomam  Waloott  reddit',  ab 
enur*  prsedict*,  et  al*  in  recordo  et  process' 
piedict*  compert*  et  existen',  reyersetur,  ad- 
■■lletiir,  et  penitus  pro  nullo  habeatur,  et  quod 
ipae  ffwrndtu*  Johannes  Walcott,  fihus  et  bteres 
anedict^  Thome,  ad  omnia  que  ipse  idem  Jo- 
hannes, oocaaione  judicii  et  attinctur'  pnedict* 
amiait.  restituatur,  etquod  cur*  hie  procedat  ad 
exanwiatiiin*  tarn  record'  et  process*  predict', 

ri  materiarum  superius  pro  errore  assi^i^n'. 
And  aiier  many  continuances,  it  is  entered 
thus:  Super  quo  vis',  et  per  cur'  bic  intellectis 
minibus  ^  singulis  prwmissis,  dilif^eoterqiie 
oauiiiat^  reoord*  et  process*  predict*,  eterr* 

f'Hiamt^  whether  this  award  it  right. 


p9t  pnedict*  Johamiem  Walcott  smriua  w- 
aign*,  et  al*  in  aeeord*  et  process*  predict*  com- 
pert' existen*,  matuTaque   deliberatione   inde 
prius  habita,   considerat'  est,  quod  judicium 
predict'  ab  error'  predict*,  et  al*  m  record*  et 
proeesB*  prsedict*  compert*  existen*,  revocetor, 
admiHetur,  et  penitu^  pro  nuUo  habeatur,  et, 
quod  predict*  Johannes  Waloott,  filius  ethefea 
predicti  Thome  Walcott,  ad  omnia  que  ipsa 
ooeasione  judicii  et  attinctur*  prsedict*  amieit, 
restituatur,  et  quod  predict'  Jonannes  Walcott 
eat  inde  sine  die,  &c.  Et  super  hoc  Johannea 
Trevor  Miles,  Attorn*  Domini  R^^  nunc  ge- 
neral', qui  pro  eodem  Domino  Re^  in  hac 
parte  aequitur,  coram  Rege  ac  prooenbus  bnjua 
reffni  Anglie  hoc  predicto  parliamento  apud 
Irestm'  in  cpm'  Middlesex  assemblat',  in  pro- 
pria persona  sua  ven*  et  dicit,  quod  in  record*  el 
process*,  ac  etiam  in  redditione  judicii  t  super, 
prsedict'  iiriori  brevi  dicti  Domini  Regis  de  er- 
rore comgend',  per  predict'  Johannem  Wal- 
cott proaecut'  pro  revocatione  et^adnnllatione 
judicii  predict'  versus  predict'  Tbomam  Wal- 
cott, super  indictamentum  predict*,  pro  alta 
proditione  predict',  reddit',  manifesto'  est  er- 
ratum in  noc,  viz.  quod  ubi  per  recordum 
predict'  snpponitur,  quod  predict*  Johannea 
Walcott  poauit  loco  suo  quondam  Benedicts 
Browne  Attomat'  suum  ad  prosequend*  pre- 
dict* primum  breve  de  errore  in  et  super  indio- 
tament*  predict'  pro  alta  proditione  predict*, 
quod  tamen  Benedict*  Browne  nullum  habuit 
warrant'  Attorn'  pro  eodem  Johanne  Walcott 
de  recordo  afflUit*,  ideo  in  eo  maniieste  est  er- 
rat*.     Errat*  est  etiam  in  hoc,  viz.  quod  per 
record'  predict*  apparet  quod  judicium  pre-' 
diet'  pro  revocatione  et  adnullatione  judicii 
preedicf^  venus  predict*  Thomam  Walcott,  in 
forma  pned'  reddit',  redditum  fuit  pro  pred* 
Johanne  Walcott  Torsus  diet*  Dominum  Re- 
^m,  ubi  per  leeem  terre  bujus  regni  An^e 
judicium  rll'  reddi  debuissent  pro  dicto  Dommo 
Rege  versus  eundem  Johannem ;  ideo  in  oil 
soil*  manifesto  est  errat',  et  hoc  parat*  est  to- 
rificare,  undo  pet*  judicium,  et  quod  judic*  ill* 
ab  error*  predict*,  et  al'  in  record*  et  proceaa* 
predict*  existen*,  rerocetur,  adnulletur,  et  pe« 
nitus  pro  nullo  habeatur,  et  quod  dictus  Domi- 
nus  Rex,  ad  que  omnia  ipse  ooeasione  revoca-' 
tion'  etadnuUation' judicii  predict*  amisit,  re- 
stituatur, &c. 

It  was  argued  on  behalf  of  the  hing,  that 
there  was  no  warrant  ^f  attorney  fildl,  ami 
consequently  the  reversal  was  not  regular; 
for  dereuk  of  an  appearance  by  t|ie  heir,  who 
prosecuted  the  Writ  of  Error;  and  that  there 
was  no  day  given  to  the  attorney  general ;  nor 
was  the  attorney  general,  or  the  patentee,  a 
party  to  the  record,  nor  any  plea  or  answer 
macte  by  either  af  them  to  the  asstgnment  of 
the  errors. 

To  this  it  was  answered,  That  bythecomf- 
mon  practice  in  the  Crown-Office,  no  warranti 
of  attorney  are  filed,  neither  ihr  defendantv 
upon  indictments,  nor  for  plaintifls  in  the  Wirt 
of  Enors  that  it  had  not  been  known,  wiAm* 


&67]      STAT£  TRIALS,  55  .Chaklbs  II.  l6Sd.— Trt4/  ^  Tk&moi  Wdcot,      [dtt 


tlie  meraory  of  i^tiv  man  living,  tbat  such  war- 
rants \«ere  ever  filed  :  that  th^re  need  no  day 
to  be  g^iven  to  the  king,  or  the  attorney  gene- 
ral, for  that-  the  king's  attorney  was  supposed 
always  present  in  Court,  uid  the  king  cannot 
be  nOQSuited,  because  he  cannot  be  called. 
That  there  never  was  any  answer  to  the  as- 
tignment  of  errors  in  such  cases  ;  that  in  ca- 
pital cases  there  needs  no  joining  of  issue  upon 
pleading  Not  Guilty. 

Then  it  was  argued,  that  there  was  no  error 
to  warrant  the  reversal  to  the  attainder  ;  that 
the  exception  taken  to' the  judgment  >was  tri- 
vial and  i'rivoloos  ;  that.  i/}<o  vivente  was  not  of 
necessity  to  be  inserted  ;  that  never  apy  judge 
wa$  known  to  require  that  the  m^n's  lx>wels 
should  be  butnt  while  he  was  alive ;  that  the 
tame  was  impossible  to  be  executed  ;  that  the 
law  never  appointed  any  judgqient  fo,r  treason 
•s  ewentiar,  besides  drawing  and.  banging ; 
^  and  tiiat  quartering  ha«  been  so  long  used,  as 
tobeaccoontedpartofthejud^ent,  yet  it  is 
not  necessary  to  make  a  good  judgment ;  and 
if  that  be  so,  no  more  is  needful  than  drawing, 
iianging,  and  Quartering  ;  that  ancient  presi- 
dents were  thus  short;  Rot'  Parliament' 
3  H.  5,  p.  1,  n.  6.  Thomas  de  Gray  et  al.  had 
been  attainted  of  treason  upon  a  special  com- 
mission at  Southampton,  and  the  record  of  the 
attainder  removed  mto  parliament,  3  Hen.  5, 


and  in  the  records.  Penes  Thes.  et  Camar' 
Scacc'  3  Hen.  7i  f.  10,  a.  it  is  <  detrahatur  et 
auspenrlatur.'  And  many  other  there  are  in 
that  place  to  the  same  effect,  and  in  the  same 
manner,  Glanvil.  lib.  3,  cap.  13,  et  Fleta  cap. 
Ij5.  And  there  is  the  case  of  David  prince  of 
Wales,  who  was  drawn,  hanged,  beheaded, 
dismembered  and  burnt,  Britton  de  Treason, 
cap.  8,  p.  16.  Drawing  aiid  death  is  the  punish- 
ment of  treason,  et  des  Appeie^^,  c.  22,  p.  4S, 
to  the  same  effect ;  et  Lib.  Assis  30  £dw.  3, 
pi.  19,  and  abundance  of  records  were  cited 
as  found  in  the  Excliequer,  and  nothing 
mentioned  in  them  but  <  detrahatur  et  sus- 
^  pend'.  And  then  was  cited  Rot.  Pari. 
S  Hen.  6.  n.  18,Nand  the  book  1  Hen.  6,  5. 
19  Hen.  6,  103,  and  1  H.  7,  24.  Rro.  Coron. 
129,  there  is  a  judgment  against  Humfiry 
Stafford  *  per  orancs  Justiciar'  An<;liic,  quod 

*  iterom  ducatur  turri  et  abinde  pouatur  super 

*  Lerdiltum  et  trahatur  per  London  ad  Ty- 
<  burn,   ibidem   suspendatur  et  ante  mortem 

*  cor<la  sciiidaiitur  et  caput  scindatur  et  eor- 

*  pus  ejus  dividatur  in  quatuor  partes  et 
'  mittentur  ad  v(>luntatem  Domini  Regis.' 
Earl  of  Essex's  case,  Mooix^'s  Rep.  and 
Owen's  case  in  1  Roll's  Rep.  have  not 
this  inserted.  And  Stamford,  who  was  a 
judge  in  1  et  2  Phil,  et  Mar.  says,  c.  19,  p. 
Id 3,  only  en  son  view :  and  Alexander  Burnet, 
who  was  convicted  of  treason  for  taking 
Romish  filers  at  the  Old  Bailey,  26  Car.  2, 
(lot.  56,  bad  no  such  judgment ;   Corker's 

for  the  like  offiencei  31  Car,  Si  Rot  239, 


William  Marshall,  31  Gar.  S,  RoL.24Q.  Ami 
Mr.  John  Hampden  bad  the  tike  jndgmoit  a» 
Burnet,  ^c.  1  Jac.  3,  upon  oonfeawiff  an  in* 
dictment  of  the  same  kind  wHh  Waloott'a. 
Whereupon,  considering  that  many  prendenla 
were  without  this,. and  that  the  esiMntial  parta 
of  the  punishment  were  in  this  jadmenty  it 
was  prayed  that  the  judgment  of  rcfvcnal 
mu4it  be  reversed,  and  thf  attainder  caniifadJ 

On  the  other  nde  it  was  argued,  That  tbe 
original  judgment  was  erroneoiit,  and  the  !»• 
venal  just*  And  first  it  was  observ^,  Thti 
this  mit  of  Error  wis  new  4md  narticiilar^ 
ex  grave  querela  of  the  comtess  of  RiMoom* 
mon,  who  had  nothing  to  do  with  the  record* 
was  a  mere  stranger  to  it,  and  yet  it  is  uig* 
gested  that  the  reversal  was  to  her  damage. 

Then  it  was  urged  that  tliere  was  an  error 
in  the  first  judgment,  for  that  the  judgment, 
in  case  of  Treason,  is  by  the.cobmon  law» 
and  that  it  is  and  must  be  certain,  and  not  at 
the  pleasure  of  the  Court  which  pronounces 
and  gives  it :  that  it  ought  to  .be  severe,  be* 
cause  it  is  a  punishment  for  the  ^ealest  ofienoe 
which  can  be  committed,  *  cnmen  lese  ma^ 
<  jeatatis,'  a  sin  of  the  first  magnitude,  an 
offence  which  imports  treachery  to  the  prinoe* 
enmity  to  the  country,  defiance  to  all  govern- 
ment, a  design  to  overthrow  and  confound  all 
order  and  property,  and  even  the  community  . 
itseli';  ana  in  its  consequence  occasions  tlie 
practice  of  all  other  crimes  whatsoever,,  as 
murders,  burglaries,  robberies,  &c.  and  there- 
fore oifr  constitution  hath  imposed  upon  it  a 
severe  ahd  cruel  judgment,  such  as  the  Eng- 
lish do  allow  or  permit  in  no  other  case  ;  tae 
greatest  of  other  crimes  incur  death  onW-; 
but  for  treason  the  judgment  is  different,  sir 
Tho.  Smith's  treatise  de  Republkm  Anglic. 
198,  there  ought  in  reason  to  .be  a  proportion 
between  the  offence  and  the  punishment;  and 
as  this  is  the  ^eatcst,  so  the  penalty  is  *  morte 
'  multo  atrocior  ;'  and  in  Fleta  Ub.  1,  p.  91 » 
it  is  *  cum  agcpravatione  peoe  corporalis»' 
somewhat  more  man  death.  Then  this  beiq|f 
a  common  law  punishment,  and  not  prescribe 
by  any  statute,  the  knowledge  of  it  must  be 
fetched  from  our  law-books,  and  firom  pren* 
dents ;  tor  the  general  practice  of  tbe  realm, 
is  the  common  law  ;  it  is  described  with  an 
ipso  vivenUy  in  Smith's  Republica  Anglic, 
p.  28,  lat.  Edit.  pag.  245.  Stamf.  182,  en  mm 
view  which  is  tantamount ;  and  Stamford  • 
wrote  2  Elise.   In  Coke's  3  IniBt.  910,  it  is 

*  insoque  vivente  coroburentur,  PuHcfi  da  Pace 

*  Kegni,'  224,  and  many  other  books  were 
cited  to  the  same  effect:  and  it  was  affirmed 
that  there  was  no  book,  which  recited  the  jnd^^ 
meht  at  large,  but  had  tliis  particular,  in  it. 
Several  books  do  in  short  put  it,  that  ibr trea- 
son the  par^  sliall  be  drawn  and  hanged  and 
qua^iered,  nut  those  are  only  bints  of  tbe 
chief  parts,  not  recitals  of  the  judgment  itsdf. 
In  the  English  book  of  juilgments,  printed  . 
1655,  p.  291,  it  is  mentioned  particularly  as 
the  King's  Bench  have  adjudged  it  slwulo  be. 
The  duke  of  Bachiogk&m'a  wa^so,  13  Uen.  Qi,- 


m 


STATE  TRIALS,  39  Chables  II.  1689;^^  HighTredi&n.  [57^ 


8l0fre*«  dMromde  515,  shews  that  he  wes  the 
Mnon.  Then  it  was  said,  they  hate  beep 
mof  in  cnrery  age  witboai  ioterraptioB,  nntU 
96  Car.  2.  Humfrey  Stafford's  case,  1  H.  7, 
f4.  which  was  *  per  consensum  omniain  Jus- 
*  tieiarioniin)'  though  quoted  oa  the  other  side 
iiflhotil;^  statedin  the  year  book  ;  yet  od  the 
leUf  which  hath  been  seen  aod  perosed,  it  is 
with  aa  ipgo  vroenie :  Ptowden  387,  and 
Bsstal's  £ntiieB  645,  the  same  case,  is  thus : 
Cake's  Ent.  699,  is  so  likewise :  John  Little- 
tsttin  49  Elia.  Coke's  Ent.  429,  433,  and  336, 
is  so.  In  the  hHrd  Stafford's  case,  33  Car.  2, 
by  the  directioii  of  jthis  house,  and  with  the 
Mficeof  all  the  judges,  was  the  judflpment  so 
cifcn  by  the  eari  m  Nottingham  ttien  lord 
Digh^steward.  In  the  lord  Preston's  case'it  is 
so,  i^hich  was  drawn  by  ad¥tce  of  the  then 
attorney  and  sohcitor,  the  present  keeper  and 
chief  justice  of  the  Common  Pleas. 

As  to  the  objection.  That  *  vivens  (M^oster- 
*aatiir.'  doth  implv  it,  and  that  is  enough.  It 
was  anawered^  That  *  ipeo  vivente  combu- 
rsntur,'  implies  both,  but  not  e  contra ;  and 
all  the  presidents  shew  the  latter  to  be  requi- 
site. And  as  to  the  case  of  David  prince  of 
Wales  mentioned  in  Fleta,  there  is  only  a 
rdation  of  what  was  the  execution,  not  of 
what  was  the  judgment.  And  Coke  «  Inst 
195,  says.  That  &e  judgment  was  in  parlia- 
ment, aod  therefore  the  same  can  be  no  presi- 
dent to  this  purpose ;  and  any  one  that  runs 
orer  Cotton's  records,  will  And  the  judgments 
in  parliament  to  be  different,  as  the  nature  of 
the  eaae  required.  No  argument  can  be 
drawn   from   the  acts  of  the /legislature  to 

S»Tem  judiciary  proceedings  ;  jbowerer,  John 
all's  case  1  Hen.  4,  Cott.  401,  is  as  now 
contended  for.  Before  the  1  Hen.  7,  there 
were  some  erroneous  attainders }  and  the 
S9  Elix.  takes  notice  of  them  as  so  erroneous. 
The  judgments  against  Benson  and  sir  An- 
d»w  Uelsey  (cited  bek»w)  are  plainly  erro- 
neous ;  they  dispose  of  the  quarters,  which 
they  ought  not,  bat  leave  the  same  to  the 
kii^'B  pfeasure.  Sir  Andrew's  president  is  a 
monstrous  arbitrary  command  by  writ  to  cora- 
nisskmers  of  Oyer  and  Terminer,  milering 
them  to  examine  him,  and  to  give  judgment 
in  manner  as  in  the  writ  is  directed,  that  there 
Are  is  not  to  be  justified  ;  and  it  was  before 
«5  Edw.  3,  Henry  Ropers  31  Rkh.  «;  doth 
dispose  of  the  quarters,  and  hath  other  errors 
in  it ;  and  so  have  William  Bathurst's  and 
Beary  South'^,  whkh  were  u  3  Hen.  4.  ^But 
from  that  time  to  S6  Car.  3,  there  ia  none 
which  do  omit  it.  The  four  presidents  at 
theOU  Bailey  were  against  Popish  priests,  aod 
what  private  pohtkreascms  or  commands  might 
occasion  the  omission,  is  unknown ;  and 
Hampden  was  not  executed,  but  his  judgment 


was  upon  a  confesskm,  and  his  life  eared,  tha 
reason  of  which  is  also  unknown :  so  that  there 
have  been  none  executed  upon  such  erroneous 
judgments ;  and  that  there  are  no  more  presi- 
dents, with  the  omission,  is  a  g^ood  ai^gument, 
that  those  many  which  have  tms  particular  in 
them,  are  good  and  legal ;  the  constant  cur* 
rent  having  been  this  way,  proves  the  same  to 
be  the  common  law.  And  this  is  the  most 
severe  part  of  the  puni^roent,  to  have*  bis 
bowels  cut  out  while  alive,  and^thereibre  not 
to  be  oroiited.  As  to  the  earl  uf  Essex's  esse 
in  Moore,  and  Owen's  case  in  Roll's  Rep.  te 
first  is  only  a  report  of  the  case,  and  the  last  a 
descant  upon  tne  judgment,  but  neither  do 
pretend  to  recit^  the  whole^udgmcnt. 

Then,  to  pretend  that  this  judgment  camiet 
be  executed,  is  to  arraign  the  wisdom  and 
knowledge  of  all  the  judges  and  king's  counsol 
in  all  reigns :  and  tradition  saith  that  Harriooii, 
one  of  the  regicides,  dkl  mount  himself^  and 
give  the  executioner  a  box  on  the  ear  after  his 
body  was  opened,  <Scc. 

'f  hen  it  was  ai]gtted,  That  if  it  be  a  n^eei- 
saiy  part  of  the  judgment,  and  be  omitted,  it 
is  a  fatal  eiror,  and  doth  undoubtedly  in  all 
cases  g;ive  a  good  reason  fornherevemi  of 
such  judgment,  as  in  the  common  case  of 
debt,  where  dampua  are  omitted  in  the  iudg*  * 
ment,«  though  for  the  adv^tage  of  the  defen- 
dant, as  is  Beecher's  case,  and  Yelv.  107. 
Besides,  if  this  be  legal,  then  all  those  at- 
tainders, in  which  this  particular  is  inserted, 
must  be  illegal ;  for  it  is  impossible  that  both 
the  judgments  should  be  nght ;  for  Mthcr 
those  are  more  severe  than  they  should  be,  or 
this  is  more  remiss.  To  say,  that  it  is  discre- 
tionary, ii  to  give  the  judges  a  power,  which 
they  themselves  have  disclaimed ;  add  to  re- 
verse this  reversal,  is  to  tell  the  Court  of 
King's  Bench,  that  they  are  not  obliged  to 
follow  the  general  practice  of  their  prede«' 
cessors ;  that  they  are  obliged  to*^  no  form  in 
their  judgment  for  treason ;  that  nothing  but 
death,  and  being  drawn  to  it,  are  essential ; 
and  according  to  that  doctrine,  a  woman  might 
receive  the  judgmoit  of  quartering,  and  a 
man  might  *be  burnt,  and  both  according  to 
law.  But  the  constitution  of  tliis  kingdom 
hath  prescribed  and  fi;ced  roles  and  formSy 
which  the  executive  power  is  obliged  and 
bound  to  follow  ;  thai  as  notfamg  can  be  made 
or  construed  to  be  an  offence  at  the  pleasure  of 
the  Court,  so  no  judgment  can  be  given  for 
any  known  offence  at  pleasure.  But  the  law» 
eitner  statute  or  coiiamon,  halh  established 
what  i6  an  oflence,  and  what  is  its  punishment^ 
and  there  is  nothing  of  arbitrary  power  allowed 
in  respect  of  eitMr.  Wherefore  upon  tho 
whole  It  was  prayed,  that  the  reversal  might 
be  affirmed,  and  it  was  affirmed  accordingly. 


871]       STATE  1MALS,J5GSAXl.wII.i5M^1WU«y  mite  flMe,       fi57« 


296.  The  Trial  of  William  Hone,*  at  th^  Old  Bailey,  for  High 

Treason:  35  Charles  II.  a.  d.  1683. 


*> 


On  tbe  13th  of  July,  1683,  Wmiam  Hone 
beii%.  brought  to  the  bar,  and  having  held  up 
lita  band,  the^dictment  was  read,  as  folloirs : 
**  London^    The  jurors  for  our  sovereign  lord 
the  king,  upon  their  oaths,  presei^t,  that  Wil- 
liam ;Hone,  late  of  Londoi},  labourer,  with  other 
him  trastors,  as  a  false  traitor  against  the  most 
iUostriotts  and  excelleot  prince,  our  sovereigpn 
lord  Charles  II.  by  the  grace  of  God,  of  Eng- 
land, Scotland,  France  and  Ireland  kin^,  his 
i^ural  lord ;  nolf  having  the  fear  of  God  in  his 
lieart ;.  nor  weighing  ue  duty  of  hii  aUe^ i- 
aiice,  but  being  moved  and  Midoced  bv  the  m- 
stigiutioa  of  the  devil;  and  the  true  duty,  and 
naUiral  obedience,  which  true  and  faithful  sub- 
ieels  of  our  sovereign  lord  the  king,  towards 
him  our  said  loid  the  king  do  bear,  and  of  right 
ought  to  bear,  wholly  withdrawing ;  and  ifnth 
hia  whole  strngth  intending^  the  peace  and 
e^aimoh  tranquiUity  of  diis  lungdom  of  Eng- 
land to  disturb,  and  war  and  rebellion  against 
our  said  knt  the  long  to  move  kad  stir  up,  and 
die  govenimeDt  of  our  said  lord  the  king  within 
tM|  kingdom  of  England  to  subvert,  and  our 
WP  lord  the  king  from  his  title,  honour  and 
kkiglT  naine  of  the  imperial  crown  of  this  his 
kingisMii  of  Ei^^d  to  put  down  and  deprive, 
and  our  said  Iwd  the  king  to  death  and  final 
desttuction  to  bring  aad  put,  the  3nd  day  of 
llMrch)  in  the  year  of  the  reign  of  our  sove- 
reign lopd  Charles  IL  Idng  m  England,  &c. 
the  ive-and-thirtieth,  and  diven  other  days 
and  timts,  as  well  before  as  after,  at  the  parish 
«f  8t  Michael  Bassishaw,  in  the  ward  of^  Bas- 
siahaw,  London,  aforesaid,   malidously  and 
traiterOttsly,  with  diven  other  traitors,  to  the 
juron  aforesaid  mdcnown,  \m  did  conspire, 
compass,  imagine  and  intend  our  said  lord  the 
king,  his  supreme  lord,  not  only  of  his  kinffly 
slate,  title,  power  and  government  of  this  his 
kingdom  ok  England  todenrive  and  throw 
down ;,  but  also  oar  said  lorn  the  king  to  kill, 
and  to  death  to  bring  and  put ;   and  the  ancient 
government  of  this  his  kingdom  of  England  to 
change,  alter,  and  wboUy  to  subvert,  and  a  mi- 
sendiTe  slaughter  amongst  the  subjects  of  our 
aaid  lord  the  king  through  the  whole  kingdom 
of  England  to  cause 'and  procure,  and  insur- 
rection and  rebellion  against  our  said  lord  the 
king  to  move,  and  stir  up,  ^thin  this  kingdom 
of  England;  and  to  fulfil  and  perfect  the  said 
most  horrible  treasons,  and  traiterous  compass- 
ings,  imaginations,  and  purposes  aforesaid,  he 
the  said  William  Hone,  and  many  other  trai- 
tors, as  a  fUse  traitor,  then  and  there,  and  divers 
other  days  and  times,  as  well  before  as  afler, 
malicioosly,  traitorously  and  advisedly,  he  did 
assemble,  meet  together,  and  consult  with  di- 

*  See  the  Note  at  the  beginning  of  WaAcot's 
Cue,  p.  dSI » of  this  Vpltttne. 


vers  other  evil-dispooed  and  disoonteiited  sob* 
jects  of  our  said  lord  the  king,  to  the  juraca  a» 
yet  unknown,  and  had  discourse,  and  did  trawt, 
of  and  for  the  executing  and  fulftUing  Ibeir 
treBt(ODS,  and  traiterons  compassings,  imagion-* 
tions  and  purposes  aforesaid ;  and  uiat  the  said 
William  Hone,  (together  with  many  otho^ 
traitors)  as  a  false  traitor,  malicioasly,  trailer* 
onsly,  and  adviwdly,  then  and  there,  and  divens 
other  days  and  times,,  as  well  befbre  as  after, 
did  take  upon  himself,  and  promise  to  be  siding 
and  asststmg  in  the  executing  of  the  treaaooa, 
and  traiterous  compassings,  tmaffinatums  and 
purposes  aforesaid ;  ^d  in  providing  of  anna, 
and  men  armed,  to  ^idfil  and  perfect  the  said 
treasons,  traiterous  compaasings,  imaginatioiw 
and  purposes  aforesaid.  And  to  fiufil,  and 
brii^  to  pass,  Uie  said  most  horrid  treasons,  and 
traiterous  compassings,  imagiuations  and  pm^ 
poses  aforesaid,  he  the  said  William  Hone  (willi 
many  other  fhlse  traitors)  as  a  faise  traitor, 
maliciously,  traiterously  and  advisedly,  then- 
and  there,  did  procure  and  prepare  aims,  to 
wit,  blunderbusses,  carbines,  and  pistola,  agaioal 
the  doty  of  his  allegiance,  against  the  peace  of 
our  sovereign  lord  the  long,  &c.  and  againtt 
the  form  of  the  stat6tes,"  (Sec. 

CL  of  the  Cr.  How  simst  thou,  Wfllinn 
Hone?  Art  thou  guilty  or  this  high  treason^ 
whereof  thou  standest  indicted,  or  not  guilty? 

Hone.    In  some  measure  I  am  guilty. 

Capt.  Riehardion.  You  must  say,  guilty, 
or  not  guilty. 

£.  C.  J.    Sir  Francis  Pemberton.  You  mast 

Slead  to  this ;  and  the  way  is,  to  confess  all,  or 
eny  all. — Hone.   I  know  nothing  of  the  araa. 

L.  C.  J.  Are  you  guilty  of  the  treason,  in 
conspiring  the  death  of  thr  king,  and  providing 
arms  fbr  that  purpose  ? 

Hone,  I  never  provided  arms ;  I  am  guilty 
of  the  cohspiracy. 

X.  C.  J.  Wecan  take  notice  of  none  of  then 
odd  kind  of  words  you  talk  of,  birt  ^iher 
plainly  guilty,  or  not  gtiilty. 

Hone,  My  lord,  I  can  truly  say,  I  am  not 
guilty,  for  I  know  nothing  of  it 

L,  C.  J,  If  you  say  so,  you  say  as  modi  as 
is  required  of  you  at  present. 

Hone,  In  that  understanding  of  it,  I  am  not 
guilty. 

L.  C,  J,  Well,  he  mys  ho  is  not  guilty. 

a.  ofCr,  Culprit,  How  wilt  thou  be  tried  ? 

Hone.  By  God  and  fny  country. 

CL  qfCr,  God  send  thee  a  good  deliviranee. 

Friday,  July  the  ISth  in  the  morning,  the 
court  being  set,  and  proclamation  made. 

Attorney  General,  Sir  Robert  Sawyer.  Set 
William  Hone  to  the  bar. 

CL  of  Cr,  You  the  prisoner  U  the  bar,  hoU 
lip  your  hand. 


m] 


STATE  TRIALS,  95  CBMhU  U.  l6^.^^  Wg^  fi'iMMM. 


[5f4 


Bme.  lienn  I  mi^  tetract  my  plflt:  I 
mmld  plou)'  gailty- 

JL  C.  J.  Ikryou  eoqiess  the  iBdiotment. 

Borne.  Yes,  my  lord. 

jL  C.  J.  Tint  18^  that  you  did  oonspize  the 
diitb  of  the  king,  and  in  order  to  that,  that  jon 
did  provide  yoandf  with  annB  to  do  &is  wick- 
•iaet 

Ham.  I  nerer  did  that,  my  locd,  I  nercr 
pwf  ided  any  arms. 

L.  C.  J.  What  were  you  to  have  done  P 

Heme.  ThatdepoeitioiiIgmTebeforeairWB- 
Kam  Turner  is  true. 

JL  C.  J.  TtXi  OB  ^hat  you  were  to  have 
dine  IB  this  Uoody  matter. 

Hme.  I  was  asked  by  one  Mir.  Richard 
Coedeuongh  to  go  along  with  him,  and  tasked 
him  whither,  am  be  would  not  tell  me;  bat  I 
nndentood  it  was  to  kill  the  king  and  duke  of 
York,  but  he  did  not  tell  me  the  place. 

Sag.  Jejferks.  He. does  not  confess  AiHy; 
we  desire  to  tiy  him. 

Xk.  C.  J.  Look  you, « yon  haFo  pleaded  not 


gnil^  to  this  Indictment ;  The  king  is  willing, 
mat  if  von  be  not  guilty,  you  shall  not  be  con- 
demncJ;  and  therefore  ne  does  desire  and 
command  the  evidence  against  you  should  be 
pnhfiely  giren,  tint  all  persons  may  see,  that 
jon  are  not  without  cause  brougiit  to  trial. 
Theeekre  swear  the  Jury. 

The prisoneri^allenged none ;  bottheJuiy 
that  were  sworn  were,  Nicholas  Charlton, 
Chfistopber  Pitts,  Robert  Beddingfield,  John 
FsHing,  WDKam  Windbnry,  Thomas  Seaton, 
William  Rutbnd,  Thomas  Short,  Tbeophilus 
Han,  John  Genew,  John  Short,  Thomas  Ni- 


Then  proclamation  for  information,  and  for 
loee  that  were  bound  by  recognizance  to  ap- 
pear, was  made. 

CLefCr.  WiDiam  Hone,  hold  up  thy  hand. 
(Wfaidbi  he  did.)  You  gentlemen  of  the  jury 
that  are  sworn,  look  upon  the  prisoner,  and 
hearken  to  hia  ouise;  he  stands  indicted  by 
the  name  of  William  Hone,  &c.  prout  antea^ 
m  the  Indictment,  mutetis  mmtandiei  upon 
this  indictment  he  hath  been  arraigned,  and 
hath  thereunto  pleaded  Not  Guilty;  and  for 
biatrial.  Sip. 

Mr.  JoRSff.  Msy  it  please  your  lordship,  and 
yon,  gentlemen  of  the  iur^,  the  prisoner  stands 
ttdicted  for  the  most  horrid  treason  that  ever 
was  endeavoured  to  be  committed  in  this  king- 
dom, for  traitorously  conspiring  to  kill  the 
king;  and  consulting  bow  and  in  what  manner 
it  should  be  done,  and  for  preparing  arms  for 
Ae  doing  of  it.  We  shall  prove  this  to  you, 
and  then  I  hopeyou  Will  find  him  guilty. 

Att.  Gen.  May  it  please  yonr  lordship,  and 
you,  gentlemen  of  the  jur]^,  the  part  the  pri- 
soner at  the  bar  was  to  act  in  this  treason,  was 
the  killittg  of  the  king :  he  was  one  of  the 
imsons  tt^  were  to  be  assisting- in  asnsnnat- 
ing  the  lang's  person.  We  will  not  troid)le 
you  vrith  the  large  evidence  of  the  rising,  as 
we  did  yesterday ;  but  we  wift  prove  wese 
things  upon  him,  thai  he  undertook  to  do  it, 


that  he  was  couoenied  with  Aeioest  of  the  con- 
federates; We  shall  ihew  you  this  is  not  a 
neiw  thing,  but  he  hath  been  an  old  rebel ;  for 
this  ham  not  been  a  new  project,  but  hath 
been  acting  several  years.  Five  years  ago» 
when  the  king  att^ded  my  lord  mayor's 
show,  he  undertook  to  kill  him  off  -of  Bow 
church.     We  shall  call  our  witnesses,  and 

Srove  it  fully  upon  bim.    Mr.  Keeling,  and 
Ir.  West. 

Mr.  Jouat  KuUng  sworn. 

Att.  Gat.  Do  yon  tdl  my  lord  and  the 
jury,  what  you  know  of  this  prisoner  at  te 
bar. 

Keeling.  The  first  time  I  saw  him  was  at 
the  Dolphin  tavern,  when  the  arms  were 
agreed  upon,  he  vras  there  then. 

Att.  Gen.  Who  wasthercthen? 

Keeling.  Mr.  West,  Mr.  Goodenough,  and 
him  J  remember  particularly,  and  some  others, 
whom  I  do  not  at  present  remember,  and  since 
that  he  ba^i  taken  notice  of  mo. 

Att.  Gen.  Was  Mr.  RumboU  there  at  that 
timeP — Keeling.  Yes.  ' 

Att.  Oen.  nay  at  that  meeting  tell  the  jury 
what  discourse  you  had ;  fiir  many  of  these 
g;entlemen  are  not  the  same  that  ware  en  the 
jury  yesterday. 

Keeling.  It  was  discoursed  then  of  the  king^ 
coming  home  from  Newmarket  the  Saturday- 
after  the  fire.  Mr.WesttoldMr.Kombold,he 
heard  the  king  would  come  home  that  day.; 
but,  says  he,  I  do  not  believe  it.  Says  Rum- 
bold,  I  hear  he  will  come  home  on 
Says  Mr.  West,  I  hear  so  too.  Thi-y  said, 
they  hoped  they  would  not  come  home  on 
Monday.  Says  Mr.  West  to  Mr.  Rdmbold 
then.  How  many  Swan-quills,  Goose-otnfls, 
and  Crow-quills,  tod  how  much  sand  and  ink, 
must  we  have  P  I  think  the  prisoner  at  the  bar 
must  needs  remember  it  as  well  as  I.  It  waa 
agreed  by  Mr.  Rumbold.  I  think  I  am  exact 
in  the  number,  and  he  was  by  and  heard  aU 
the  discourse. 

Att.  Gen.  Whatdklthey  mean  by  tins f 

Keeling.  By  swan  quills  they  meant  blun- 
derbusses; by  gedse-quilb,  musquets ;  and  by 
crow-quiUs,  pistols;  and  by  sand  and  ink, 
powder  and  bullet.  He  took  aoquaintanoe  with 
me  after  that  meeting,  (for  I  never  saw  him, 
as  I  know  of,  before)  and  after  some  time  he 
told  me,  he  was  one  of  them  that  was  to  go 
down  to  the  Rye  to  assassinate  the  king.  And 
since  that,  at  a  coffee-house  in  Swithiirs-alley, 
he  told  me,  it  would  never  be  well  tiU  the 
Blackbird  and  the  Goldfinch  were  knocked  on 
the  head.  They  being  terms  I  did  not  under- 
stand, I  asked  hnn  wtnt  he  meant ;  he  said  the 
king  and  duke  of  York. 

&rj.  Jeffl  You  are  sure  that  is  tiie man  ?^ 

Keeling.  I  am  sure  that  is  the  man,  WiUiam 
Hone. 

Soj.  J^.  What,  is  that  the  man  finttaficad 
of  the  Bhkckbird  and  Goldfinch? 

Keeling.  I  am  sure  that  is  the  man. 

Att.  Gen.  Now  swear  Mr.  West 


575]       STATE  TRIALS,  S5  Charles  II.  i68S.— TriU ^  IfUUm  Hinei       [676 


•  Ser).  J(g(fl  If  Mr.  Hone  has  a  mind  to  aak 
faim  any  questicmB,  he  may. 

Heme.  My  lord,  thu  1  deny:  As  to  Ih^ 
Bladd>ird,  I  own  it ;  as  to  the  Goldfinch,  I 
never  heard  a  word  oflt  till  this  time. 

Ser).  Jeff,  You  had  only  a  design  npon  the 
Blackbird  then? 

Mr.  TTei^  sworn. 

Att.  Gen,  Tell  the  court  what  you  know  of 
the  meeting  at  the  Dolphin  tavern. 

We$t,  I  was  there,  and  Mr.  Keelinff  came 
in.  There  were  several  things  said  of  swan 
quills,  fipoose-quiOs,  and  crow-quills,  but  this 
man  did  not  come  in  till  the  discourse  was  over, 
and  I  am  sure  I  did  not  speak  of  any  thing  of 
this  nature  before  this  man  in  my  life.  But ' 
Blr.  Ooodenough  did  undertake  to  proviile  the  ' 
men,  and  Mr  Goodenough  sal((,  he  would  try 
him,  if  he  would  make  a^  attempt  upon  the 
duke  without  the  Ipng.  And  I  asked  him, 
whether  he  had  seen  Mr«  Goodenough.  He 
told  me  he  bad.  Says  he,  he  spoke  to  me 
about  a  little  job  for  the  duke.  M^.  Good- 
enough  said,  he  had  spoke  to  him  fuJW  about 
the  thing.  And  I  saw  him  often  in  the  com- 
pany ot  Mannius,  that  was  designed  to  be 
another  of  the.  assassinates.  He  was  at  my 
chamber  once ;  says  lie,  master,  shall  we  & 
nothing  f  I  think  he  used  these  words,  That  if 
the  duke  of  Monmouth  would  be  true,  and 
appear,  he  could  bring  50  or  60  honest  men 
of  the  other  side  the  water,  to  do  the  business, 
I  asked  him.  What  business  ?  Says  he,  either 
a  brisk  push  (that  I  took  for  an  insurrection)] 
tor  the  two  brothers :  Says  I,  what  brothers' 
do  you  mean?  Says  he,  the  captain  and  lieu- 
tenant ;  those  were  the  two  terms  they  used 
fcince  the  Van-herring  was  printed.  I  think  he 
was  a  pretty  honest  fellow  before  this  time ; 
he  was  deluded  by  Goodenough,  I  think,  in  the 
thing. 

X.  C.  /.  (To  Mr.  West.)  Do  you  eome  to 
justify  these  things  ? 

We$t.  My  lord,  he  hath  been  deluded 
basely,  and  I  am  sorry  for  the  poor  fellow. 

X.  C.  /.  It  is  a  very  unusual  tlung,  for  one 
in  your  condition  to  use  such  expressions  in 
such  a  case. 

Sen.  Jeff.  Mr.  West,  you  have  been  de- 
hided. 

Att.  Gen*  Captain  Richardson  a^^d  sir  Ni- 
colas Butler. 

Seij..J^.  I  find  he  is  not  worthy  of  the 
mercy  the  king  hath  shewed  him. 

Wat,  It  was  a  word  I  put  from  me  una- 


Seij.  Jeff.  My  lord,  we  will  give  you  an  ac- 
count of  a  design  this  noan  bad  long  ago  to  kill 
the  king. 

Sir  NieoUu  Butler  sworm. 

Sir  N,  Butler.  My  lord,  I  know  the  pri- 
soner at  the  bar  very  well.  I  have  known  him 
many  years :  I  have  always  known  him  guilty 
of  plotting  and  contriving,  and  ready  upon  all 
fcoaiipiw  ^  embrace  any  thing  for  tA«ie  pur- 


fKMes'laid  to  his  chaige;  particsdarly,  wben 
sir  F,ranci8  Chaplain  was  lora  mayor,  bis  a»» 
esty  and  die  diike  stood  at  B&.  Wakioe's 
house,,  by  reason  of  Jbe  Angd  H«use  bemg 
shaken ;  and  he  came  to  my  house,  and  told 
me,  he  would  discourse  me  upon  seme^nrivate 
matter ;  I  called  him  into  a  closet,  and  be  toM  . 
me,  they  had  a  fair  opjiortunity  to  take  off  tiM  f 
king  and  the  duke  at  once:  I  toM  him,  that 
would  do  very  well,  but  how  will  yoo  do  it? 
Says  he,  we  will  do  it  with  cross-bows ;  we  are 
to  be  half  a  dozen,  and  we  will  go  into  the 
steeple,  where  there  is  a  window  just  opposite 
to  the  balcony :  and  a  great  deal  of  discourse 
we  bad  to  this  purpose.  My  intent  was  to  di« 
vert  them  from  this  design,  and  told  him  how 
impossible  it  was  they  should  escape  the  foot 
guards  and  horse  guards^  and  multitude  of 
people :  and  if  he  aid  not  do  the  business  ef  • 
fectually,  he  would  be  undone,  and  all  die 
paity .  I  rested  satisfied  he  would  have  depiited 
upon  this.  But  I  knew  the  principles  of  tbeseb 
fifth-raonarchy-men,  and  their  associates,  and 
thought  it  not  sale  to  trust  to  his  bare  say-so, 
that  he  would  desist ;  but  I  went  to  the  kitt|g 
and  the  duke  of  York,  into  my  lord  ofaamher* 
lain's  chamber.  Where  they  came  to  me,  and  I 
gave  theo^  this  account,  and  desired  them  to 
set  some  to  watch  the  place,  and  to  search  if 
any  were  got  into  the  steeple  before  they  came  ; 
and  there  was  one  Uorsal  appointed,  that  did 
accordingly  watoh  them,  but  none  came:  upon 
which  some  good  willers  to  it  have  reported, 
that  it  was  a  sham  business ;  but  I  think  that 
was  not  well  done.  But  the  thing  was  leal^ 
and  when  he  Was  examined  before  the  kiuff  ia 
the  secretarv's  office,  he  did  confess  aU  tMe 
things  that  1  chaiged  him  With. 

Att.  Gen.  Hadyou  any  disoourse of  killiBg^ 
the  king  at  this  time  ? 

Sir  JV.  Butler.  No:  At  last  they  did  un- 
derstand I  kept  a  correspondeooe  at  oouit, 
apd  tben  they  would  tell  me  ne  more. 

Att.  Gen,  Since  he  was  taken,  what  did  Ike 
say  about  this  matter  ? 

Sir  N.  Butler.  Abdut  diis  matter  he  did  ac- 
quaint divers ;  he  was  one  tlut  was  to  kill  tbm 
king  and  the  duke. 

Captain  Bichardsan  sworn. 

Capt.  Richardson.  Sir  Nicolas  Butler  asked 
him  m  my  presence  (I  went  along  with  air 
Nicolas  wuen  he  examined  him)  as  to  this 
thing;  how  he  was  ooncemed  ?  He  said,  Mr. 
Goodenough  came  to  him,  and  told  him  be 
wanted  labourers:  he  asked  him,  for  wbatf 
At  last  he  did  confess,  that  Mr.  Goodenouflrik 
did  ieU  him,  it  was  to  kill  the  king,  and  tbe 
duke  of  York;  he  did  oonfoas,  diat  he  did 
agree  to  it,  and  that  he  would,  be  one  of  them. 
He  did  likewise  say,  dial  after,  at  another 
meeting,  he  was  for  killing  the  king  and  saving 
the  duke ;  but  Goodenough  was  for  both. 
Sir  N.  Butler.  He  said  he  was  to  have  »L 
Capt.  Richardeom.  He  sud,  he  did  not  de* 
sire  to  stir,  and  Goodenough  told  him  hm 
shouU  have  30/.  to  buy  himtt^ct^wid  vaoor : 


511]  flfTATATRIAtS,  SS 

aoliM^'fB  dM'6iiniie99  of  the  Ityc,  the  plaice 
be  did  .not  k^w,  but  sai^,  it  was  the  place 
wiere'ihe'king  was  to  be  murclered.  Tw  is 
the  mbstance  of  the  examioatioB  taken . 

^.  Jeff.    Though  the  prisoner  at  the  bar 
ditf  pardy  make  a  eonfession  ;  yet  for  the  sa- 
tismctiop  of  the  worlds  my  lord  gave  us  leave 
-'to  caU  oi|r  witnesses.        ^ 

Capt,.  Richardson.  That  which  sir  Nicolas 
says  about  the  cross-bo#8  he  did  own,  bnt— *« 

L.  C>  X  What  say  yon  to  Uiis  treasonable 
desi^of  yoar's,  in  undertaking  to  kill  the  king,  ^ 
in^liiriiiig  yourself  out  to  be  one  of  the  persons 
thit  should  have  executed  this  traiterous  de- 
n^,  this  hornil  murder,  to  have  killed  the 
lung  at  the  Rye?  i 

Hone,  I  say,  I  did  not  know  the  place 
where,  nor  when,  at  the  time  it  was  proposed 
abbut  the  Rye: 

Z.  C.  J.  But  what  io  yon  say  as  to  the  un^ 
dertakiag  to  kilt  the  king?  The  otiier  is  but  a 
cireunistaiice^^  this  n  the 'material  point. 

Hone*  My  lord^  I  was  drawn  into  it  by  Mr. 
Biehard  Goodenough. 

JL  C  J.  You  bear  what  sir  Nicolas  Butler 
sa^  oftbe  <^roiaB-bowa  ypu  designed  to  kill  the 
kif^  with',  What  say  you  to  that  ? 

Hone. '  I  say,  ihera  was  a  person  told  me  of 
SBCll  k  thing  ;^  and  I  told  sir  Nicolas  imme- 
dialdy  of  it.  The  person  that  told  me  was 
a  sftM>p-keeper,  atkd  I  dbn't'kn6w-him. 

.(fir  N.  Butler.  Youliamedl  three  pei-sons  to 
the  king  that  were  confederates  with  you,  but 
ytMi  c^me  to  me  of  yourself. 

L.  C.  J.  Look  you,  you  yourself  was  one  of 


/i0S5.^dr  High  iW^m. 


[sn 


the  wicked  imdertakers  in  that  traiterous  der 
sign'. 

Hone.  No,  I  did  nerer  design  it,  but  I  was 
told  it. 

L.  C.  J.  Ay,  that  yourself  anj  some  other 
good  fellows  we^e  engaged  in  the  design. 

Hone,  i  was  not  engaged,  only  as  I  was  tol  j 
by  a  fellow,  that  there  was  a  shop-keeper  lived 
hard  by  that  would  do  suoh  a  thing,  and  I  im- 
mediately told  sir  Nicolas  Butler. 

L.  C.  J.  Come,  it  is  in  vain  for  you  to  mince 
the  Quitter,  for  here  is  a  full  evidence  against^ 
you :  The  best  you  can  do  for  your  advantage ' 
now,  is  to  consider  w^ll  with  ycrarself,  and  re- 
pent of  this  wicked  ddijgn.    What  religion  do 
you  profess  ? — Hone.   ReKgion,  my  lora  ? 

X.  C.  J,   Ay,  any  or  nope  ? 

Hone.  My  lord,  I  hear  several  sort  of  men^ 
sometimes  &ptists,  sometimes  Independents, 
and  sometimes  the  Presbyterians. 

X.  C.  J.  But  regard  none.  .  Look  you,  gent 
tiemen  of  the  Jury,  yon  hear  a  plain  ease  of  a 
baiharouS'murder  designed  upon  the  king,  one  . 
oftbe  horridest  treasons  that  bath  beenneani 
of  in  the  world,  to  have  shot  the  king  and 
the  duke  of  Yoi^k  in  their  coaches,  as  they  were 
coming  upon  the  road. "  You  have  had  full 
evidence  of  this  man's  heing  one  of  them ;  and 
tlieretbre  1  am  of  opinion,  that  you  must  find  ^ 
him  Guihy. 

So  the  Snij  brought  the  |urisoner  in  Guilty, 
without  going  out  of  Court.  ,     ^ 

See  an  Account  of  his  Execution  at  the  end 
of  Lord  Russell's  Case. 


297.  The  Trial. of  William  Lord  Russell,*  at  the  Old  iBaitey, 
for  High  Treason:  35  CitABLtES  11.  a.d.  1683. 

THB'lord  Russell  ivas  set  to  the  bar,  and 
plieeit  withhi  the  bar. 
Cierk  of  the  Crdipn.  ^William  Russell^t  bold 


*  See  die  ]Kete  to  the  beginning  o^  Walcot's 
Case,  p.  5tty  of  this  volume.    Balrymple,  in 
repe^ing  firom  Bomel  (whom  he  so  much  xler 
preciated,  seethe  Note  to  vol.  8,  p.  184,  Ki6) 
the  aoccitote  of  &e  observation,  which  lord 
RoaasU  felt  an  inclination  to  make  to  sheritf 
Rich,  fUnfies  the  sentiment  expressed  by  Rus- 
sell, aad  presents  him  as  checking  himself 
from  the  recollection  thai  Rich  might  feel  pain, 
instead  of  from  reflecting  ttpon  the  indecency 
of  heiiig  merry  at  such  a  season.    See  other 
iostiEacea  of  Daii7mple*s  habitual  niisrqpre- 
sentai^oiiB-til  i  tiote  to  the  Cas^  of  lady  Lisle, 
A.  a.  1685. ;  8e^9  too,  his  o^vn  £Ve&ce  to  his 
M£«ii0ihi,'in  which  he  says,  *'  From  comparing 
thrhotes  which  1  took  in  France,  with'  the 
oopifes  -'of  toe  pipeGs  seni  me  firbm  tfaeobe,  1 
find^  In  ffkne  ^t&tanoes,  a  d^erence  in  the  4a^ 
betMeU  us,  o#io^  pn>babty  ta  itiy  oversight ^'' 
iMlffiig,^  hoyrfever,  ^*  but  in  aU , other  remects, 
the  oopies  'agree  \idth  the  notoi."    Sir .  Jdm, 
aftei^^^marHagiiB^betBUing,'  (with  hi»  ^gieflt 

VOL»  lip. 


up  thy  hand  (which  lioxlid)  '  Then  the  indict- 
ment waa  read  as  ibiloweth :     - 
*<  London,   ^hejurorsofonr  sovereign  lord 


!■        ■   »  I 


he,.butgi«at^  she^Vsee  Boswell's  Johnaon)  the 
plam  distressful  tefe^f  Russell's  final  sepork^ 
tion  firom  his  family,  improves  upon,  it,  hy  re-* 
Ifiting  how  *  she  lost  hor  ^e^'aight  hy  conti^ 
nual  weeping  in  privifte. '  On  >  what  authorit^^ 
he  says  tnis,  or  tnat  she  called  ofWn  for  death, 
I  know  not.  It  apbears  thai  for.  a  disbrdsc 
in:  her  eyes,  lady  Kussell  was  snocessfviliy 
couched  on  June  27th,  ^6^4.  (See  Birch's 
Life  of  Tillotson,  as  quoted  in  a  Note  to  p.  561, 
of  Lady  RusseU's  Letters,  ed.  of  1799).  ^  I 
have  been  informed  by  a  very  learned,  slulfid, 
add  experienped  physiologist,  that  a  cataraot 

Srhich  sieems  to  Mvelieen  tjiie  malady  of  lady 
usrJNeU's  eyes)  is  hy  demeans  fikdy..to  M 
produced  by  weeping.  Aa  to  the  imputations 
on  Russdl  ui  respect  ofN  ooonectieDS  widk 
Fnaice,  see  JUg^emon  Sidney's  Case  (in  this 
sahie'y ear)  inrUus  Collection. 

I .      ^         •.       .      -    '   . 

'  ,t  £ta'Wa|^  lord  i>nly  bycouitesy,  as  being 
el(|eBt>«^  the  eM  of  Bedfdni. 
2  P 


Sg^^  STATE  TaiAIJ,  54 CjfAEn»|I/l6$5.^IHdf:»/in^  lf9^ 


the  Vagf  iipoD  their  Ml}%  proseii^'  lliat' 
^villiamRassell,  lateof  Londod,  esq.  toge^ier 
.with  o^er>f]^8«  traitd»,  at  a  fiUse  ti^aitpr 


against  the  most  iltustrjpiift   aaJ  excettent,  eopy  of  the  matter  ^ff^  Ui4  a^nst  n^  tba^ 


.pfmpe^  oiu"  aaYereiffn'lord  Charles  a,  bj  the 
grace  of  God,  o(  Jbogland,  ScoU^nd,  FracKHi. 
ftid  Ir^aod,  l^ng,  hl^  fiati^  lord^  .not  ha^- ' 
Kig  (be  fear  of  Go4  i^  his.hev^nor  veighiag . 
tba  diuy  .of  bis  .aUegi^n^,  but  being  moVed 
and  seduced  oy  the  iastigatioQ  of  the  Devil ; 
^dtl^U-ue  duty, and  oa^ral  obedi^noe^whl^ih 
^nie  and  f^hlul  sut^ect^.  of  oqr  sovereigii  Ipvd ' 
jthe  kiagr  tovards  him  qu^  said  lord  the  ki|ig^ 
do  beas,  aud  of  ipight  ooght  to  bear,  ;<vfaq£r 
withdrawing ^.afid  with  hit  whole  strength 
intendinp^  t&  peace  aq4  ooovnioa  traoQuilUty 
of  this  kingdom ipf  £ngUgftd.to  distqrb,  and 
irar  aa^tf^Ui^n  agaiastj  our  sahft  l<H'd  the 
king  to  ]g»ove  and  «tir.up,;and  die  gDvcenamept 
h£  our  said  lord  the-kiog,  within  tiui0  k^dom 
of  £npl^d:  to  subvert,  and  our  said  lov^  the 
|Eii^>irom  hia.  tide,  hoaoor  and  kingly  name 
of  me  imperial  .cro)m  of  thi^  his  kiBgdmn  of 
^^lamLtai  p^t  down  aad  deprive,  and  dm 
ffiujf  loiid  the  |ciag  V>  deatii  .and  final  des|r««- 
ti^  ^0.  bring  and  put,  the  second  dav  of  No^ 
Teraber,  ia  the  year  of  the  v^n  of  our  ao- 
Teriign  k>rd  Cbariea  2,  kiiMr  of  England,  j^c 
tjhe  34th^aAd  divers  other  £yaand^tirae8,  as 
well  before  as  after,  at  the  parish  of  S(.  AU- 
chi^el  Bassishaw,  in  the  ward  of  Bassishaw^ 
London,  aforesaid '  mraKciotisly  and'  grafter- 
ously,  With  divers  (A)ier  traitors^,  to  the  jamttf 
9lbf Q^oid  a^kn^wfi,  he.dJK)  eonspire,  eonupas^, 
imagine  and  intend  our  smdrlord  the  King, 
hh  supreme  lord,  not  only  of  his  kinffly  state, 
tMO;  power  and  goiFemineiit  of  this'nis  king- 
dbm  of  England  to  depriye  aqd  throw  down  ; , 
Vil  alto  duv  said  lord  the  Mng  to  kSP,  'aad-to  • 
death  to  bring  and  pat ;  .and^the  ancj^t  ffOf 
vemment  of  this  his  kingdom'  o^  ^oglanato 
clMg«,  jilmi  ^  ^Mfy  to  BUbTon,  &nd  a 
miserable  slaogliter  .avooiuat  the  sal^jeGts  of 
our 'said  lord:>  th%  Uafl^  thrQUgh  hU  .inrhole 
kingdom  of  Rnglaad  ta  cause  and  ju-ocure, 
and  insurteetidn  and  rebelUoii  agamat  .our 
aaid  lord  theldng  to  move,  raoeuce,  and  stir 
up,  within  this  ungdom.  of fnglaad ; .  and  ta 
iiilfirand  perfect  t&aakimosi  horrible  trea- 
aons,  and  traiieBOus  coadj^aasinffs,  in^Mnna- 
tibns  and  pnrpOBes  aibreaaid,  he  die  aaid  Wm. 
Ruasel,  ta^eiher  with  other  fidae  traitors,  as 
a  Uw  traitor,  then  had  there,  and  idivars 
other  daya  and  times^  as  wsfcll  before  as  alter, 
maliciouriy,  t^iaiteKoaaly  and  advisedly,  be-' 
tM'een  theiaaelves,,  and.  with  divers  .other 
traitors^  to  the  juiora  afoveaaid  unknown, 
they  d^  tmeatr  tiigediar.  coaatik,  agree  and 
oondnde,  and  e^eiy  of  tliem,<then  rad^here, 
did  consult,  agree,  aDdfionbluAey  inauirection 
and.rebellioD  against  our  sovereign  lord  ihe 


Giiilit^  or JVd  GoiHy ?-  ;.  ,  . .    ^       .    :i 
th^fdEu^U.  ]Ml> htfVmny  I  not Mw « 


1  -may  Jinow  what  tf>  anaw^r  to  it  ? 
.X.^  C.  J.  (sir  Francis  Pemhqrtoo*)  My  lord. 


*' Mr.  Serjeant  Runamgjpn,,  ia  the  Lifeo{^ 
LfDvd  4<W  ^hich  he  baa  pra^xedto  his  edi- 
tion, (pu^liidied  in  the  year  1779)»  of  Bale'a 
History  of  the  Comwou  l-^V^H^P^VfSJf  ^^ 
eocroptioii  of  die  channeb  of^iMf|Jp<i9Pt  ift  ^ 
the  latter  part  of  Chwlea  the  -Se^ioaVmfgn,. 
says,  <^  1»  the  year  t68S,  on  the  trial  of  lord 
Rttsyell^  jQSVri(«f^  U)  his  speech  to  thcjuiy,^ 
turned  the  untimely  fate  of  Essex  into  a  arcHU  , 

'  of  the  cop^piHAOy  h)  fv^^^|ifl>4  <uid  Vqpsdl  had 
Ml  eng^MSJW  ..PftBE4e|iftn..wfio  pr«aMV\  ■*  ' 

,  chief  justice,  behaved  to  the  prisoner  -wijlh  %  . 

,eai)dour  and  deoovui^  «#eldi«pi||  4^d  Jn  \  the 
judgea  flf  that  reigiv^^JtlilftfVBCBai^iug  one.  *. 
But  before  Sidney  was  brought  to  hi^  trial,. 
Peioberton  was  removed  from  the  head  af  the 
King's-bench  and  even  from  the  privy  eounoil, 
and  Jeffeviea  put  is  hia  plaoe,  in  order»  by  the 
fierceness  of  nia  mannen^  to.  cope  with  a  oha 
die  vigour  of  whose  a^itwaa  known  throiigh"  . 
out  ]&nQ|»0.^    in  gmMf  this  a^st^ount,  tba 
leaH«^$eiC^eMiMtaasjtohfife'he0iiiWqi  by 
two  4pan»gea  -^im  m  4oh«  Di^yiQtl^'*  Mfir, 
ipoirs,  (parjt  if  haak:!,'-^^  31  and  34,  4tt>  .^  • 
of  1771)  with  whkfc^it  agw^  almost  wo^  nr 

wofid'.'Biit,  indeed,  sir4<dmDalrymide,no^  • 
withstanding  his  attack  upon  the  autnentici^ 
of  Bumat,  (!fee-».Not&  to  S^aaonr^  Cas% 
vol.  8,  pp.  134,  136;  ofHhis  ColleodoB)  is  a 
veiy  onsare  guifie  a*  co  ncia,  wmaiyTyeeem'o^ 
sentiments,  or  any,  Q^h^  ^matter.  iSefi  die 
Kbtato*iritcKell'8^asd, ^ol.6,>  ltttl,^£ia 
CpUecdon,  and  the  ^tj^bafing^  refefred  to  ■ 
ip  t£e  Note  to  Seymour's  Case  just  mentioaed : 
othe»  instano^  ^'his  want;  or  exaiyt««Ba  a»a 
noticed  in  this  report  of  the  pvoceadingaagaiMl  i 
lotdHuaaellf  and  in  the  Oaaea  o^' Sidney,  ^ K^  '  ' 
1603,  oflady  lide,  4.  n.  1685raudof tbeSavea 
Bishops,  A.  i».  16l»,inthiaColleodan).  F^oMber- 
'tpn,  (see  Burnet's  aaocountof  him  in  a  Note,  val* 
8,  p.  S45,  ofthisCkdlaotioB),  waaiiotobie6wilio« 
of  the  KingVbench  when  be  tried' lord  R»» 
sell,  nor  was  he  aucoeeded  in  tha  offita:  of 
chief jostioe of  theKing^a-heneh  by  JeiemB, 
nor  vras  the  pradeceaaor  af  leJaiifle  ia|habflffiea 
removed,  otherwiaa  than  by  tbe*aet.of  ^6od; 
nor  was  Pembeaton  iBaatfed  ftow^thei  jHy* 
oouncii  before  die  tnaipfSidaey.  lr^^^^^hiffa>|^ 
was  mada  a  justice  of  B^R  in  the  h^giaoiag  * 
of  Easier  Term,  31  Car.  1),  a.  n.  1679.  <Ba» 
9  Shoir.  3£).  He  was  dtspboed  ftooa-  tlwt 
office  after  Hil.  Term  in  tha  ncsrt  yMa,  aoi 
^ijetunied  toiiia  pracdce  ait  the  bar,  (Uttoii^ 
;94).    InSa8terweefcof'tfaafQlkNriB|f^BBar,.te 


kteig^  within  thia  kingdom  bf  £nglaad,  .'to  :was  appointed  chief:  jMlice  of  the  Vng^a* 
aBate:.a^d  atir  up,  and  the  Guards  -for  tij€i»  bench,  (IShow.  t55),  iTaBawlBd&  ofios^lM 
preservation  of  toe  person  of  our  said  Idcd'  w4a,  inmetracatkiaarap  itich.  Term,  ]§M» 
the  kiD<y,  to  seize  and  destroy  against'  the  remored  to*- the  plaee  of.  chief  jiialM*of  itm 
du^^fhiSt^teiMiee)  against  die  peaoey  8c^«  Common  .Vle^  -(tdShdiri  iM),  i^d  iIm^ 
anu  alao  agmnxthe  form  of  die  rtafarteti  %bc*^'  .  put  o^  of:  Ihai  ofl|pe  iia  ite 


sit]      '  '  AitTB  TRtJk^,  65  CttABi.88  n/iGn^^^OgiTtmikJ       ^  iSM 


Thercfoflfe^  th%t  wUoh  s  pot  tp  you  no#ii/ 

iJA-fbiMK:   MylM«,  I«ni  KotQtnHy.  r 

^fen  <r  0^:  CtttpKt,  hbw^lt  (hoa  be  tried  P 
Ld.  jRmneiL   By  God  end  my  country. 

^a,  ^Or,  God  send  tikee  a  good  deKvmfioe^ 
lid.  tbuulL  My  lord,  I  tfaouffbt «  prieoner 
bad  nerer'beeo  arraigned  andtri^at  theWuhe 
titee.  '  f  liave  beeH  a  el6s«  pHson^. 

"'£».'€.  J,  '¥9t  tMnwxn  ilus  ttatore,  my 
lofd,  vr^'do-ft.coOttAoally.    , 

*  JjL  nMmfh  n-iiHiafd;  i^  locd. 

,  Attorney  Otner^fhir^ifberiiStLwy^T).  My 
lord  Im^  no -reason  to  oofnplaiqf  for  want  of 
dotfetfl'^  oinoe  Monday  se^nnigbt  he  bad^ 
iMde^oF  huf  tlial,  iknd  tbe  matters  alleged 
iMhidl^bnA  h»  had  notice  of;  for '  qnestiona 
-wtite  ytd^  hhn  about  this  matter?  he  hath 
6eeii  Tery  faMy  dealt  ii^th,  he  hath  had  the 
Ifterty  m  coans^  4o  adrise  him ;  there  hath 
heen  no  sort  of  liberty  denied  hira^  which 
beeomes  4ky.  adUect'  to  har^  in  this  oondi- 

■  ^  ^'i/-  ,.My  '^'  I  dCKntrl  know  i^hether 
joa  lion'  ]K  AA^ftuef^'heMys,  yourlofd- 
Ship  Hatii'ltefl  a  gfbat^i^al  of  fiiyoor  shewn  you 
dready,  in  thatyon  haro  been  acquainted  with 
4he  cnmoB  for  which  you  are  i)ow  indicted, 
diirt'  you  bate  had  a  great  deal  of  warning 
#ifen  yon,  rtiat  you  have  had  the  liberty  or 
ooonsel,  iniich  hath  not  been  known  granted 
to  any  tinder  ^otir  lordship's  circumstances. 
He  say^  .he  doubts  not  but  your  lordship  ia 
jrepaMfor  your  defence,  because  yon  have 
Ind  80%ach  Knowledge',  and  wanrfng  ef  the 
time  and  matter  for  whidr  yoii  were  to  be- 
•aiWid  in  question.  .     '    '  « 

'  Ld:  ftuiieit.  My  lord,'I  am  much  to  Seek  ; 
(only  tteard*  some  veneral  questions,  and  I 
hare'witnesset  diat  I  believe  are  not  yet  in 
itffm,  nor  will  be,  I  bcKere,  till  night.  1  think 
it  rety  hard  I  can't  hare  one  day  more. 

Midty  Term,  t6es,  (8  0how.  -911),  shOrily 
after  the  trial  of  lord  Russell. '  He  waa'lPo^ 
moved  from  ^tbe  prity  oobncil  on^  tb^  S4tb  of 
Htlilia  vdlowliig,  a»  appean  by  an  entry 
which  I  have  myself  seen  m  the  conneilbooks. 
When  PtoibertoiS  ^vas'i^ehiOTed  front  the  chief 
jm^uiiihgpof  the  King's-bench,  ^-woss^. 
€Med-hifhatoilloe  by  Saunders,  who  held  h 
ttVia  ilMth,  on  tbe  19th  of  ihme^  iOHS, 
wbereopon  Jefferies  waa  appointed  to 'it: 
(Sflbow.  SOe,  Sll). '  Roger  North,  Examen, 
di.  5»  a.  140,  p.  4i0^i  goes  beyond'  Dalrym- 
pla  m  totumuialMk  of  the  proceedings  la 
ilwfcfflitikl.  Heaaya,  <<l8h41oldyaffihn 
hi  gmmlt'tkat  n^her  in  Engfutdnor  any 
^OMV^Matfy  m  the  worM,  had  erOr  any  ])br- 
MB'tBMle^  a  vapM  ehntge  of  traaaon  agaimft 
i/bb  g^MfHiMeftt  a  mora  indnlgent  joiot  to  say 
ilflHly>lr  Mfiftr)  trfaV  far  Ms  m  than  my  lord 
mdtmAM.*^  OKber  hMtoritfto  apeak  aomo* 
•ton  mMJOf,    kfi6rytttd(!r>iraijtrf9d'ibf 


ML  GtHi  Monday  ae^eiltiighityomrlardslhip 

hidnotice.  ^  ^^ 

Ld.  Jtttitl?//;  I  did  hdlkoow  tho  maMel*!  ' 
^raa  ehmed  with. 

^I#.  Gea..  Yea,  certainly ;    f^r  I  was  with 
yon  mysfslf,  my  lord ;  uid^hooe  qneafiorfayoa  ' 
were  cscantiEfed  jbipon,  were  ti  fiivourto  you,  that 
yoa  aught  |cnow  what  the  matter  waa  yoa 
WCfr^iOcnsedof. 

X.  C.  /.  My  k>rd,  without  the  king's  con-  ^ 
soot,  we  eann  pdt  off  Ae  trial :  if  the  khig^a 
counsel  think  hM  fit  to  put  it  off,  we  can't  grant ' 
yoixr  loidfMp's  inquest  in  this  caae. 

Ld.  Rt^ell,  I  would  desire  a  oopy  Ofthe'- 
paOel  of  the  jury,  that  I  might  consider  of  it ; 
for  how  ^60  can  I  make  atiy  just  ohidlenge  ? 
I  thought  the  law  had  bieen  very  ikvourable  to ' 
men  upon  their  Uvea;  and  thttefore  it  had  il- 
lo#ied  people  lo  have  some  lilUo  notice. 
'    L,C.  J.  Hath  not  your  lordship  had  a  copy 
of  the  panel  f   I  thfaikyour  k>rdshipwas  al- 
lowed one.     We  gslve  order  your  lordship* 
shouki  have  a  copy  of  the  panel. 

.Att.  Gen.  We  did  indnlrehim  solar,  that' 
he  might  have  a  note  of  all  the  then  returned. 
•  hA:BJU$ielL  I  never  liad'a  copy  of  tfie  panel^.^ 

X.  C.  /.  II  waslh^  feult  of  your  Ibrc^fai]^ 
servants  then ;  for  - 1  gave  order  Tor  it  myself. 
Itia  such  a  favoor,'  that  in  regard  a  man'a  life 
lies  at  stake,  we  never  did  deny  it*,  to  my 
knowledge.  And  therefore  in  this  case  I  gave 
order  to  the  secondary  to  deliver  a  copy.  I 
know  the  king  did  not  design  to  be  hard  upon 
my  lonl  in  his  trial,  but  that  he  shoidd  have  aa^ 
fair  a  trial  as  ever  any  noble  person  had. 

Ld.  RnaeiL  I  prtfy  I  n>ay  h^ve  a  eofy  tbeit.' 

Settj.  JefferiOf.  if  my  lOrd^ad  sent  his  agents^ 
and  it  hadTbofeft  refased,-  thojp  had  been  aome* 
thing  in  it; 

^  Mtii  Gen,  aecondary  Nocnenaei'  #03  yith 
me,  and  1  gave  him  ray  allowance,  ^oMglbift 
waa  not  his  right. 

'  X.  C.  J.  That  my  lord  may  not  be  sivprised/ 
what  think  you  of  giving  my  lord  time  ttll-the^ 
afternoon,  and  try  some  of  too  rest  ih  the  meaia 
time?  •        '     • 

Att.  &en.  Truly,  ftiy  lord,  if  I  could  imagirtO^ 
it  wore  peaaible  for  my  lord  to  have  any  wit-' 
nesaea,  \  should  not  bo  a^i  a^  it. 

Ld.  RumiL  It  Is  v^  hai^. 

Ati,  Oea.  Do  not  say  so  r  the  king  dOM 
not  ^Ksal  hardty  with  yoa  v  bm  I  aiii'afi'aR)  ic 
wiki.appear  you'^wo^M  t^ve  doflAt  •  inore  hardly 
with  tbe  king : '  yon  WoM  not  hare  giren  the  ' 
kinj^-aa  ■hoiif'»«otiee  ihr Mving  his  life. 

H^ooudary  IVo^oln^.  I  gave'my  hrotfler 
Normiuseha  copy  of  tkfe  panel  on  my-'side, 
and  bear  that  aay  bMther  NonniBsel  haih  said 
that  he  delivered  a  copy. 

Then  SSceadary  Nbrmafuel  was  sent  for,  and 
the  coiirt  staid  for  him  some  time. 


-^^9- 


A     ■  i    '    .wn 


*  <<  But  it  had  been  denied  hi  CoUed|^'s  cfae  | 
arid  waa  afterwards  denied  to  Mr.-  Cornikh,  till 
the  thne  of  his  trial,  when  it  eottM  be  of  so  woff 
vice  to  him."    Noteinfomer  Sditkiih.     '    ' 


sm  STATE  TWALS,  35CpABl.EI  W.  J6fl3— K-w/f/  fmimJ^ilfmieB,  1^84 

Mr.  Aimood,  My  lord, «  gentlemaii  told  me, 
he  did  not  know  whether  it  was' fit,  till  he  bad , 
consullfid  the  Attomev  General;   afterwards 
I  had  a  copy  as  itstooo  then,  not  as  it  is  now. 

Att.  Gen,\  I  desire  my  lo^d  may  be  asked, 
wlio.  he  sent  for  it  ? 

lid.  Russ^N.  I  did  not  send  for  it  ^  I  inquired 
and  tbey  said  it  would  be  refused. 

Atwood.  No,  the  gentleman  had  it  with  the 
lair  periwig. 

,  X.  C.  X  It  was  delivered  to  your  servant  or 
agent.     What  did  you  do  with  it  ? 

Ld.  Ruisell^s  Gent,  Sn*,  the  gentleman  gave 
.  me  out  of  a  book  some  names. 

Seij.  Jefferies,  What  did  you  do  with  them  ? 

Ld.  JEUutelPs  Gent.  I  writ  them  down ; 
tbey  were  not  perfect ;  I  did  not  know  what 
they  were. 

L,  C.  J.  Sir,  yon  were  to  blame  not  to  de- 
Urer  it  to  my  lonl. 

.  Ld.  Ruueil's  Gent.,  I  was  not  boimd  to  de- 
liver an  imperfect  thing  to  my  lord. 

£.  C  /.  Sir,  you  should  have  consulted  your 
loin's  advantage,  so'a^to  have  delivered  any 
tbmi;  for  his  good. 

'U.  RtutelPg  Gent.  My  lord  was  in  the 
~  Tower,  I  was  not  fuJmitted  to  my  lord. 

Att.  Gen.  Did  you  give  it  to  my  lady  P 
,  Ld.  RusseVs  Gent.  Yes,  those  names  I  had 
ny  lady  had. 

Serj.  Jefferies.  How  long  ago  was  it  ? 
.  Mr.  Atwood.    Tuesday  or  Wednesday  last. 

L.  C.  J.  (To  lo>*d  Russell's  servant)  Look 
you,  Sir,  when  had  yon  this  ? 

Ld.  Rjusaeli.  I  had  no  p^mel,  I  will  assure 
you,  delivered  vie;  I  had  some  names  of  peo- 
ple that  theysaid  were  usually  on  juries. 

.  Jt.  C.  J.  They  were  the  names  of  the  jury. 

Ld.  Ausull.  They  were  only  the  names  of 
them  that  were  like  to  be  of  the  jury ;  no  other 
panel  came  to  me. 

1*.  C.  J.  My  lord,  there  can  be  no  other 
oopy  given,  but  the  same  that  was  delivered ; 


for  yoor  lordship  does  know  in  this  case,  ainr 

Iierson  accused  as  your  lordship  is,  may  chaf- 
enge thirty  five;  andtherefdre  there isare- 
tuni  generally  of  three  or  fourscore,  and  these 
«re  returned  incase  of  your  lordship's  chftUenge. 
When  you  have  challenged  so  many  as  you 
please,  then  the  twdve  men  that  stand  after 
yomr  challenge  are  to  be  of  the  jurvv  And 
therefore  this  is  not  like  a  pand  made  up  by 
the  sheriff  in  ordinary  causes,  between  man 
and  man;  there  they  make  a  formal  panel, 
from  which  they  cannot  dep«rt,  w^hen  that  is 
•nee  returned ;  but  here  in  criminal  cases,  be- 
capse  of  the  challenge,  they  return  either  sixty 
mt  eighty ;  and  I  presume  your  lofdship  was 
attended  with  the  names  delivered  ? 

8eij.  Jefferie$.  How  many  names  were  de- 
liverodP       -      .. 

Mr.  Atwood.  Above  a  hundred. 

Ld..  Ruuell.    1  had  nothing  of  a  panel  de- 
livered to  me,  but  some  namea» 
*   In>  C  J.  There  never  was  any  formal  pan.el 
delivered  to  any  person  aoenaad :  ihe-c^py  •  of 
itisinpaperatwaye. 


Ld..  Ruttell*  ,How  cai|  I  know  who  to^chal- 

lenge.  ^ 

'  ^LC.J.  My  lord,  the  oopy,  of  it  is  in  your 
bauds;  j-our  lonlsliip  liatti  been  deceivApl.ui 
ibis,  by  not  understanding; the  true  nataraof 
these^things.  If  we  were  to  give  you  a  new 
one,  we  could  give  you  but  such  an  one. 

Lda  Rttitell.  I  had  no  paper  from, th^ true 
officer. 

L.  C.  J.  Noj  but  from  your  servajat. 

Ait.  Gen.  My  lord,  yoii  will  bave  cause  to 
complain,  if  they  are  not  the  same  men  we  now 
sftaflcall. 

L.  C.  J.  My  lord,,  tkatpaper  will  guide  your 
lordsihip  in  your  cUalleuges. 
'  Ld.  Ruuell.  My  lord,  I  did  not  mind  it :,  I 
put  it  away.  My  lord,  with  your  favour,  1  mnfiH 
needs  insfdt  upon  having  a  panel,  and  Uiat  you 
"will  put  it  otf  till  the  afWiiioon  ; ,  I  nave  a  wit- 
ness that  is  not  in  town.  My  counsel  told  me 
it  was  never  done,  or  very  seldom,  arraigning 
and  trying  at  the  same  time,  except  in  case  of 
common  malefacton.  ^^ 

'L.C.J.  Mr.  Attorney,  why  may  not  this  trial 
be  respited  till  this  afWmoon  f     . 

Att.  Gen*  Pray  call  the  jury. 

t,.  C.  J.  Mv  lord,  the  lung's  counsel  .think 
it  not  reasonable  to  pui  off  the  trial  longer,  and 
we  cannot  put  it  on  without  their  consent  in 
thisca^. 

Ld.  Rustell.  My  lord,  it  is  hard :  I  thought 
the  law  had  allowed  a  pret^  deal  of  favour  to  a 
man  when  he  came  upon  his  life.  How  can  I 
know  to  except  against  men  that  I  never  lieaid 
or  saw  one  of  them  ? 

CL  qfCr,  You  the  prisoner  at  the  bar,  those 
good  men  that  have  been  now  called,  and  here 
appear,  are  to  pass  between  you  and  our  sove* 
reign  lord  the  Icing,  upon  your  life  or  death  ; 
if  you  challenge  any  of  them,  you  mu^  speak 
as  tliey  come  to  the  book  to  be  sworn,  before 
they  are  sworn. 

lA.  Rustell.  My  lord,  may  I  not  have  the 
use  of  pen,  ink  and  paper  P 

Court.  Yes,  kny  Icuu. 

Ld.  Russeil.  My  lord,  may  I  not  make  iiaeof 
any  papers  |  have  ? 

X.  C.  /.  Yes,  by  all  means. 

Ld.  Russell.  Alay  I  have  somebody  write  to 
help  my  memory? 

Alt.  Gen.  Yes,  a  servant* 

L.C.J.  Any  of  your  servants  phall  amiet  yen 
in  writing  any  thing  you  please  for  you. 

L^i.  Rustill.  My  wife  js  here,  my  lofd,  la 
do  it.t 

—      -   '  — 

*  "  In  order,"  DaUymple  informs  us,  "  to 
prevent  him  from  getdkig  tbe  aid  of  counsel." 

t  <'  I  ask  none'^[nohaBd]  '*  bttttfaat  of  Ihe 
lady  who  sits  by  me,"  Balrynple.  • 
'  tVboeverwillreadsir  J.  Dairy mple*s account 
of  this  Case  of  lord  Russell,  and  oompaie  it  widi 
the  original  authorities,  will  be  satisfied  thai 
very  little  rdiance  can,  in  any  case,  be  safely 
placed  on  the  representations  of  that  writer.  U 
unist,  however,  be  adqditted  that  he  iftnn^Jia 
queotly  to  distort  and  pervert  iiis  mateijiik  ii^ 

9 


«B$]  €TATB  TSlALSf  35  Cqaribs  II.  ifiSS^ffr  l^kTrmvt' 


i;4«6 


^ 


,  X«>€*  J.  If  my  My  pleaM  to  give  liamrif 
tiietrouiile.  i 

Att»  Gen*  My  lordl,  yoa^infty  hwre  two  per- 
sons to  wtite)  for  you,  if  you  please. 
:  Ld.  Bmsell.  JUly  lord,  her«  hstU  been  a  name 
md>  tliat  I  nearer  saw  in  the  list  iof  the  jury  I 
bad :  I  heard  sir,  Andrew  Foster  oalUd. 
•  j^  C.  J.  He  is  not  called  to  be  of  the  jury. 
^  CL   of  Cr,.  ,CaU  Jtobib  Martin,      [lie  ap- 
yews.] 

-  U.  Ruuell.  Are  you  a,  freeholder  of  40<.  a 
ear  f  1  hope  none  are  allowed  in  the  paoeli 
ut  those  that  haFo  fteehoUki^ 
X.  C  J.  There  19  no  panel  made  in  London 
by  lireebolders ;  we  have  v^  few  freeholders  ca« 
p«ble  of  beioffimpaunelled,  because  the  estates 
of  the  city  bdong  much  tp  ^e  nobility  and  gei^-' 
tfeoaen.  that  lire  abroad  and  to  corporations : 
thereibre  m  ;the  city  of  London*  the  challenge 
of  Ireehobkrs  is  eicepted. 
,  Lid.  JUttudl.  My  Imrd,  I  thought  it  had.been 
always  so,  and  the  law  had  been  clear  in  that 
case,  throughout  England^  that  no  man  ought 
to  be  tried  for  bis  life,  but  by  those  that  have 
freeholds.  My  lord,  I  remember  I  read  a  sta- 
tute of  2  H.  5,  where  it  is  positive,  that  no  per- 
sons sUali  be  judged  in  cas^  cl*  life  and  death, 
but  by  those  that  have  40i.  a  year. 

X.  C.  /.  My  lord,  that  statute  extends  not  to 
this  case.     ReaiJ  the  statute. 
"  CL  (fCr,   "  Whereas  perjury  is  much  used 
in  the  city  of  London,  upon  persons,  &c.f '* 

X.  C./. .  Is.this  the  statute  your  lordship  has 
read? 

Ld. .  Riutdl, '  This  is  not  in  the  case  of  life  aod 
death. 

X.  C.  J.   It  is  not,  my  lord. 

U.RitaelL  That  that  I  read  is  positive. 
And  if  your  lordship  will  not  allow  of  it,  I  desire 
my  counsel  may  come  and  argue  it ;  for  it  is  a 
matter  of  law,  and.  I  cannot  argue  it,  Whether 
the  jury  are  not  to  be  freeboltlers  ? 

fiterj.  J^erics.  .There  is  nothing  mentioned 
in  thai  statute  with  relation  to  the  oity  of  Lon- 
d<»i  indeed  ;  but  the  necessity  of  the  thing  re- 
quires it. 

Ait.  Gen.  It  will  not  be  material ;  it  is  a 
collateral  point;*  for  mos^  of  the  jury  havefiree- 
liolds. 

X>  C  J.  Po  you  allow  the  exception  ? 

Att.  Gen.  m,  my  lord. 

X.  C  X    Therefore  we  must,  if  my  lord 

DO  more  mischievous  purpose  "than  that  of 
ddng  out  wretched  rhapsodies,  which  his  vi-i 
tious  taste '  aiyi  confused  imagination  pro-! 
baUy  contemplated  as  sublime  and  impress!  vel 
historical  d^eatioos.  ,But  see  ihe  case  git 
Jlnmbold,  a.  d.  td^d,  in  this  Collection.  | 

^  ««3ut  the  Resolution  pf  the  court  ext^nd^ 
to  aU  trials,  eren  in  a  (^unty  at  large,  ai^d  waflj 
so  cited  andfjpdlow^  in  colonel  Sidney '^  Case.."] 
.Note  in  former  Edition. 

t  Respecting  the  Oomplaints  antieytjy  m%de 
against. the  partiality  ^  LondoUyJurors,  49eei 
some  partiq[dan»  in^  Bamngton'a  Observation  ou 
.5tft.ll.  H.,7.c.  «i.     •'. 


s^aad  iipoo  H>  bear.hia^  eop^sel.  My  ^ovd^we 
^ill  hear  your  ^oounsel :  :what,  ^unael  do  yiHi 
desire,  my  V>rd  ?  ^ 

Ld.,Rt!«e/.  ThoA^oui^^  that  w^re  aljfit^ 

me.  '  •    , 

X.  C.  X  No,  3iou  must  have  cowye)  aaimns- 

ed  by  us*  ^  The  voimsel that  wa^M^igPedeb^- 

wK^i-e  sig^iiiies  nothing. 
.  Ld.  jRi4«fl//.  Mr,  ppUf itftn,  ,Wr.  Hpk,  »^d 

Mr,  Ward. 

_  f  , 

The  said  persons  were  cafled,  and  came  into 
coui'i.         '     • 

♦  X.  /  C.  X,  (To*.^be  counsel.)  .  Ge^tleroeD,  iqj 
Iprdhere  desires  counsel ;  vpu  are  here  as- 
signed as  ppunspl  for  my  b>r4  Russell,  that  is  at 
the  bar,, it  is  copcprninga  thing  wherein  bo 
doubts  tb^lfiw  ; .  |ie,v^c^uld  ^xc^pt  to  1;ho,jwy 
upon  ^^  jipcpuot,  to  the  pqll  (lecau^  tbc\y  bave 
notfjceeuold  with)n  ^be  d^  of  Lpndqn ;  and^ 
desires  vqif  m^y  be  a^igpei|,bis  counsel  to  floiakp 
it  out,  tpat  this  is  a  papse  of  qbaUenge. 

AtLGen,^lt  is  a  case  of'treaspp,  ;Mr*  •j^pl- 
lexfen.— ^Mr.  Ward.   We  t^e.  it  so. 

Mr.  PoKexfen.  'SHy  loi'd,^  perhaps  ^f  \ire  b%d 
more  consideration  pf  it,  we  shoulo^peak  ipoj;^; 
but  if  your  |ordsh^p  pleases  to  hear  ud  what  yfje 
can  say  :  first,  we  take  it,  Yfit)\  submis8iou*.ft 
common  laW)  a  freehold.wasneces^y  to  lAijl^ 
a  man  a  jury- man.  But  tl)at  i^hic)i  falls  ou^ 
in  this  case,  is  the  stalM^te  of  ^  H.,5,  c.  ^, 
which <  statute,  I  suppose,  is  .here  in  court. 
That  statute  says  this,  (if  you. please,  I  will 
quote  the  sujbstance  ofit)  That  jaone  shall  t^ 
adniitt^d  to  pass  upo^  any  inquest  upon  tLys 
trial  of  the  .death  of,  a  man,  except  he  bv(fi 
lands  and  tenements  pf  tte  ^,qai:fy  valup  of 
4P<.  Now, we  ate  here,,!. tjbj^nk,  within. t)^ 
words  of  the  stable,  audi  tal^e  it.to  bej^> 
question  at  all,  were  we  not  in  a  qty  aij^ 
county.  .  1  think  ^is  would  be  no  qi^est^op 
upon  any  trial  in  any  county  at  large.  iTl^e 
statute  does  npt.i^^ak.e  any  exceptipuor  distin- 
fiuisliment  between  cities  ai^l  counties  at  large.; 
but  the  words. are  general,  lis  I  .^^v.e  op^i^jq^ 
theai.  .  Mv  lord,  the  statute  does  also  prpvidje 
in  cases  .^'  .freebpld  or  forty  marks.  No^^*, 
my  lord,  to  proy^.  this  .^Ml^  .^^s^^ds  to  Lq;^- 
don,  though, a  city  and  county,  there  aire  o^ljQr 
statutes  that  have  been  u^ade  subsequent,  make 
it  plain  Aiat  it  does  so  ex|end.  But  before  J. 
speak  to  thepi,,  there  is  ^i  In§t.  fo.  157,\tl\i(t 
takes  nptice  pf  this  statute',  and  speaks  ii  ge«- 
nerally,  tliat  the  ifreehold  opgl^t  to  be  in  t)\e 
same  county,  nor  do  .1  remeinber.tohave  se^ 
any  bopk  that  distinguishes  ^b^tween  couqtj,£^ 
^t  large,  and  cities  aivd  counties,  ^ut  statutjgs 
that  f  ave  been  made  coticernuig  cities  a|yi 
counties  are  a  plain  dpclaradpn,. that. this. b 
raeapt  of^  juries  ppth  in  cities  and  pounti^.  Ji 
'will  mention, the  statute.?  H.  7,  c.  5.  '  T^ 
substance  p^  the  statute  is  this :  ^  takes  nptj^, 
.that  t^ere  were  cball^ge8,\in,Londpti,^fpr.tfaat 
they,  had  npt  4k05.  per  ann.  ai)^  ih^t^this  .ph^- 
[  ienge  was  io^  be  mad^'^  f^he  wai^,  )Yui^  ji^ 
the  samewi^bhu^dr^s/in  ^^e  ]co,unties ;  §o 

ffeisjt^ute>  made  to:t4e  ^tgpy  ft^e  iphi)l^V« 


|ft|«s  awmjT  the  cKaMfifl^' tft  I^mikm^  tbr  not 

iMk?iiig  40t4 18^  with  suMnisaoBf  a  «l;roiig  e?i* 

4mw  ia4  «uAMMnty  Uiilll  was  befoK  tlMt 

tiine  a  good  okaUentfe  i  ibr  otherwine  4o  whnt 

mmI  moM  «Hey  nMM>^  a  statnte  to  take  awmy 

tW  ^jImUaqko,*  untoBS  it  were  bdbre  a  good 

«aiiBe  oficlMJlenge  ?  In  the  next  ptaoe»  4  H.  6, 

«.  S,  th»SeilMKlalD^«t?il  cadles  in  London,  and 

«av8|  that  the  London  jurors  shall  (hat  provides 

jQfiy  Bit  JU^on  in  cWli  ca);»e$)  h»  ^dmitt^d  in 

wu  causes,  that  Kave  igipods  to  die  value  oft* 

IQO  marks.    Mf  lord,  if  that  first  stotote,  or 

Hm  common  law,  had  MC  Extended  \o  require 

fteehold^  in  London>  then  there  would  tiave 

^eanifeoneedofil]^  etatutethat  was  made  to 

«nabie  men  to  he  jurors  that  had  ifoods  to  the 

mueaf  fOd  marks.    So  that  M^  lake  a  lo  he 

madatothmi^,  that  hy  ibef  commoft  law  free- 

Mdwas  «e<piired  ifr  aU  eivil  caoMS.    Then 

tlieiaiaanoll««lh'iAatal»  «S  H.  8,  ^  JS,  and 

that  will  ha-ittong-  etidenee  lo  ahew  >frhat 

the»lawiB:'iM^the  ctatoM  eays,  in  cities  and. 

horoughs,  ittlMfcef  nrarder  and  fi^ony,  if  a 

>lteahMtn  of  the  dbr  of  Londett  is  to  hettied, 

'  the  Iveemen  ahall  be  upon  the  jury,  though 

thtey  have  net  frediold ;  and  then  there  is  a 

^reViao,  that  IGmt  knights  and  esqoireefhat  are 

<a«t  of  the  Borough,  though  th^  are  arvaigBed 

Itt'  the  horoQgh,  that  e;i;tend#  not  to  them, 

Ihodgkia  caiwd  of  murd^  and  Mony.    As 

^  this- statute,  ^»e  take  this  sense  of  it,  first, 

4hat  it  dees  not  extend  to  treasons ;  fi>r  w&en  it 

•nly  natnes  murders  and  fi^lonies,  that  makffi 

«iO  aHecatifMi  as  to  treaste,  tkerelhre  that  stands 

as  before :  hfttif  thei^he  any  aHeiation,  that 

«Elends  onhf  to  freemen  and  Irargeises  that  are 

%o  he  tried,  but  not  to  knights  aiMesmikes;  so 

that  if  we  were  in  a  case  of  fi^lony  and  murder^ 

1  thuik  we  are  not  eonoem^d  in  this  statute ; 

4hr  wa:bre  no  fle^mah  nor  hurgeat,  hut  we  are 

an^esquire;  aMi  there^re  bught  to  be  tried  hy 

iireeholders :  so  that  fiir  the  kw  we  rely  upon 

•these  statutes,  that  we  have  looked  upon  as 

«tMBg  eVIdatiee,  that  there  ought  to  he  tn  die 

4ria)oftheUfii  Ufa  man,  esfMaOyfiMr  tree- 

M,  frveholden.     Fir^t,  if  it  were  in  civil 

causes,  if  this  qualifleaties  be  not  in  juiymen, 

Ihea  an  atraint^woald  lie.    The  penalty  in  an 

cHahit  is,  %hat  their  houses  should  be  pulled 

^down,  See.  This  js  provided  by  the  law',  to  the 

•iMenttfae  Jdry  may  be  carelul  to  go  according 

'to  their  evidence.    It  is  true,  no  attaint  does 

lie  in  Criminal  cada^;  hut  if  so  be  k  eltfl 

'canses  theie  be  required  freehoMen,  and  an 

attaint  lies,  if  diere  be  not,  it  is  not  reasonable 

es  think  hut  there  cAiooM  be  as  great  regard  to 

the  fif^  of  a  UmA  aa  to  his  eslUe.    Next,  my 

loid,  I  do  not'kttow  ant  fatw  that  sets  any  kmd 

*of  ^uaMdlltotl  hut  tlus  df  fineehold  ;  so  tht^ 

he  the* parsons  oTiithat  ^boadkiiii  or  natu^ 

■aati^,  (s^p^otinr  iiiey  be  not  ouHawed)  yet 

•these  penMUet,  if  AkTlaw  be  not  hi  eflect,  may 

then  sa^ciad  bd-piit  upon  the  fife  of  a  omuu 

Th«seafbthe•fdaA9lfc^lay  tord,  Ibr  which  wq 

appwhert  th^oi^tto  befifechoidets. 

'    Mr.  2Mr..  H^  %nly  |  wmdd  doire  o«4 


iradvf  the  Banie;ttde;  .we  ins|A  tt 
upon  these  two  things^  first^  weconwiaabyT 
the  oommon  tait,  erery  juryi^inan  odight  -to 
have  a  fiWhoid  ;  we  haivo  gcrad  authority  ib(» 
it,  CohoNi  Firrt  Imtituteoi  but  If  thdl  #dbs 
not  so»  1^  think  the  statute  Mr.  FoUexftfr  hfth* 
first  meotionedv  S  H.  3;'ic  3,  to  be  ex()re!«tn< 
this  point.  My  lord,  the  statoie-  in  the  pipe- 
aiphle  d^  recita  all  the-  ihisobiefr ;  it  saya^ 
great  mischiefii  ensued  by  juries  that  wcrer 
made  up  of  persona  that  had  not  estates  suifi- 
dant.  In  what.^  As  well  in  the  case  of  th« 
death  of  a  man,  as  in  the  cara  of  fireehold 
betvreen  par^^  and  party  :  the  statute  reciting 
this  miscbier  does  in  express  words  provide 
taro  remedies  Ibr  the  same  in  these  cases : 
first  on  the  Jile  and  death  of  a  man^  the  jury 
or  inquest  to  be  taken,  ahall  haveiOe.  per  ann^ 
andso  between  aai^  and  party  40  maihs  ;  so 
that  this  being  the  trial  of  the  dealh  of  a  man^ 
it  is  interpreted  by  IBtamford,  tea  a.  thatis,iit 
all  cases  where  a  man  is  arraiffned  ibe  his  ttbh 
that  is  within  the  ei9i«ssw«nb<of  the  statute.' 
Besidesthis  expoailion  that  hath  been  put  upon 
the  statute,  my  lord,  it  does  sleem,  that  thtf 
jtM^pnent  of  aeveral  parliaments  hath  besa 
acoordini^y  in  several  times  and  agea.  Mjf 
lord,  to  instance  in  one  statute  that  hath  aot 
bben  saentSoned,  and  that  is  theSS  of  H.  8» 
c  tSy  that  doesgive  the  king  power  to  awarfi 
commissions  of  Oyer  and  Terminer,  for  trials 
in  any  county  of  Jhngland :  and  that  (saya  th* 
statute)  'in  such  easea  no  challenge  to  the 
diire  or  hundred  shall  be  allowed  ^  that  is,  yott 
ahall  not  challenge  the  jurv  in  'aueh  a  cascp 
becpiuse  they  have  not  freenold,  are  not  of  the 
county  where  the  treasoar  was  commhted;  but 
that,  upon  the  tf  isl,  <diallenge,  Ibr  lack  of 
flreebdd  of 40«.  a  year,  shall  be  allowed,  thou  A 
it  ahei^  the  manner  of  trying  treason  by  the 
oommon  law:  so  that,  my  lord,  here  ii  the  cpi^ 
nion  of  every  parliament,  that  Uiough  it  took 
away  the  uaual  method  of  trials;  yet  it  saves 
the  pdnoaer's  chaQenge  Ibr  want  of  fireehoUL 
Now,  indeed,  thM  statute  is  Mfealed ;  but  I 
mention  it  as  to  the  Proviso,  that  it  shewu 
the  judgment  of  that  piriiament  at  diat  time. 
My  kifd,  thoea  other  statutes  that  faaaa  bee^ 
made  to  regulate  cities  and  towns  corporatd^ 
why  wefetlMy  made  r  3SH.  8.  That  no  free- 
hold should  be  allowod,  that«hewsthat  51  H.  5» 
did  eatcnitodiese  cases.  Bdl,  my  loiil,  these 
statutes  that  Shew  the  Judgment  cjrtfae  parlif- 
■ttnnt  suflMentlbr  ^»ur  penrpese,  do  not  eiteni 
to  this  case;  thestalnte  good bnly  to mm^cM 
andMeoies,  hut  not  to  treasons:  ted  weaih 
in  the  case  of  a  penal  statute,  and  coocorniny 
the  life  and  death  of  a  man,  wbkdi  ought  to  be 
taken  sCHctly,'  it  Mnts'the  prwmer  of  «  M^ 
n^;  andby  parity  Of  reason,  if  treanen  he  not 
m^afioned,  yobt  Ibrdship  canuet  byeqtity  erf- 
tend  H  to  'it.  When  It'  only  miintidM  infi&ridr 
ofiences,  and  takes  away  the  benefit  in  lower 
cases :  I9te  tbh-  case  of  the  bishop  of  V^in- 
'Chester,  ^mre  the  Matite  set  down  deanhdfi 
•4diaptew,  and-  aihtlr  -eeelesiastical  perOMm,  It  * 
shall  not  extend  to  bishops,  becaoie  it  Ug^ 


«« 


of  tfift  dettti  «f  a  iQHx)  QidMB  ho  hoe  InM^ir 
tOMmMiia  tif  the  yeurij  Talueof  iOt,    Bi^^ 
will  take  it;  m  these  gwitlttiioii  dn  «l  this  tiiii^  < 
it  not  being'  pi  at  conunott  tow;  Mr  ia  odMr 
crimiiad  coses,  Imtwliat  are  provWM  l^hy  « 
tliestatuie:  As  to  otber  matters. i^^^Mooy  and 
murdsr,  no  dontt  there  tiiaaa  ^rilehgea  ar^  i^  ^ 
be  laken  upon  the  statute,  but  Ml  lor  imieii;  > 
beoause  the  statute  of^uiwM  Mary  dole  ^«x« 
ptessly  repeal  that  atotete;   and!  na  Matme 
since  takes  away  the  ioroe  of  that  of  %xi9et^  > 
Mary4  that  aU  trialafor  tfOMORB  hall  .he  a«ai  tho^- 
torainon  law ;  and  accordhiff  to  this  thei'emf^ 
ttant  practbo,  in  all  cities  (net  v$Ay  Lou^lon^ 
where  persons  hate  been  indioted  fbaliigh  trea*' 
son,  hath  been.    Them  was  never  any  stidi'' 
thing  pretended:    UMist  of  theare  ffeatlemea: 
have  mehd<b,  but  we  ynkM  not  nave  Hda 
point  lost  to  the  city  ofliondon^;  so  that-  llh« 
statute  they  speak  ot,  and  the  inlerpretstioiia  of 
the  severafother  statutes  toe,  are  to  ae  purttosei 
for  we  say  by  eommon  law,  aU  oausea  Bslghthe 
tried  by  any  persons,  affainstwhoni  the#eie- 
net  sunicie&t  causa  of  cbulekige}  andtheeom- 
ino&  law  is  by  that  stalote  Tcstered  ill  thb ' 
pointv  '   .    f 

Solicitor  Oettcre/.  (Mr.  Fiboh.)  My  -lol^,  I 
have  iittlo  to  say  $  Mr.  Attcmey  Bath  [^ven  4 ' 
true  answer  te  it|  the  ibenostieo  does  ihit 
Ihem.    It  was  not  netessafy  at  coihmoa  hw  ' 
fbv  a  jury-man  tehave  Aeehekti  But  thili 
tbev  must  shew  yeu,  mylord,>it  is  altera  atidi 
made  necessary,    'fhe  statute  of  H.  5,  d<»ea  • 
not  seem  to  extend  to  tiyMspnr ;  but  if  vt  did,-  ^ita  • 
now  out  of  doors,  by  that  of  ^een  Mary, 
whereby  all  trials  of  treasons 'are  redact  to 
the  common  law.    Thieis  that  we  answeis  they^ ' 
ftul  in  their  foundation,  thojr  do  not  make  it 
out,  that  it  was  neoe§^?  wc  a  jury-man  at 
common  law  to  have  iVeenold. 

8erj.  Jkjftrkis  My  kvrd,^  I  ednfbes  they  here' 
oitsd  several  acts  of  parliament,  and  upon  them 
lay  Aeir  fhuadation,  and  draw  inferences  from 
tjbem  t-  But  they  will  And,  that  in  several  eete 
of  pariiament,  which  they  heve  quoted,  there 
is  a  particular  regard  had  fhr  the  presevfation 
of  the  constent  usage  and  eusteens  for  trids 
within  the  city  o^*  I/mdon.    That  notwith- 
staBoinff  seveNd  acts  of  nar)iament  have  in 
other  places  ssoertained  the  vlilun  of  jurorf ;  - 
yet  they  had  still  an  eye,  that  the  city  of  Lon- 
don should  oOntinue  in  its  usages.    I  thifilc  it- 
will  be  necessary  te  put  you  In  mind  of  the 
case  of  the  city 'of  nekuMer.    It  w<mld  be 
very,  hard,  ria^  they,  because  an  attaint  does 
net  lie  in  Grhuinal  matters;  if  you  hitend  by . 
that  to  have  people  of  ahiKty,  *t&  well  known, 
thatthe ablest  people  hi  tbe  ^y  of  L6ndon  have 
soereo  any  fipeehold  in  it }  for  that  most  of  the 
inheritances  of  the  dty  of*  London  remain  in 
tb^  nobiUty  and  in  corporations.    Now^  in  the 
case  ei  my  lord  Russell,  ho  hath  a  peremptory 
chaHenge  to  8(^  $  and  I  thkih  I  may  adventure 
to  say,  there  eau  soaroe  be  9$  more  ftat  caa ' 
'  call  themidtvei  frofhokhars  In  London :  "con-  ' 
side'r  the* consequence  then ;  treason  VhoiUd  he- 
cmnmittid  k  Ihe  elty  of  Ii8iMloii,^dHiM 


v4lb  p0nene^  ai»  iAriof  uetUM:  jh» 
shall  murder  and  firiony  extpodto  treason*  Boi 
further,  ibestatete  only  eonoems  freemen; 
•for  there  ia  an  repress  proviso  in  the  case:  for 
incftw  any  kyig)^  or  esquire  conM  to  be  tried 
in  the  place,  he^as  his  henefit  aa  before..'  My 
lofd,  we  arc  iiv  tliia  cfoe,  as  in  thi&  ease  not 
mentioQed  in  the  statute,  we  are  not  afiEeemaa , 
of  Lowkin.  My  lord,  there,  is  another  thuw> 
1 H.  7,  c.  5,  Avby  theve  was  not  en|g^  reoM- 
sife  at.  the  common  law^  that  the  jucore  h^d 
sufficient  freebokl,  hut  it  was  required  it 
sUouU  be  in  thehundred ;-  and  freehold  in  the 
wards  in  the  city  is  the  same  with  freehold  in 
the  hundreds  in  the  country :  so  that  the  want . 
of  fcedlkdd  in  th^hundred  was  a  good  cause  of 
d^illeuge.  So  that  1  think  it  w»U  hardly  he 
denied,  but  that  a  jury  that  passes  upon  the 
lilb  of  a  matieught.  by  the  law,  by  the  sta- 
tute, and  by  the  jiMffmeut  of  the  parliamettt, 
to- have  freehold*  Where  is  there  then  'any 
statute  whalseever  thet  mekjes  a  difference  in 
tiiia  oase,  betweei^  London  and  other  counties  ? 
\V)e  ave  io  the,  case  of  treason,  we  have  tsken 
'  our  ewcietitions,  and  en. behalf  of  the  prisoner 
at  the  faav  we  pi*y  the  ehallouge  may  be 
allowed. 

Mr.  Ward,  Mytord,  I  shall  he  short,  because 
Mir.  PsUaxte  haa  observed  these  things  so 
particuUrly  slready.  I  observe  the  itatate  of 
0. 6,  iaa  genirat  statute,  and  ttctenda  through- 
out the  (wpa:  noir  when  the  thing. is  thus 
ffeneal,  thsire  is  no  nMro  to  exc^  particulars. 
And  ia  this  case  it  is  within  the  Very  words  of 
the  Hw ;  if  the  words  be  se  generally  penned 
in>4lie;Qi;gili«ie»  then  We.  conceive  there  is  no 
GdHStrudion  tio-b^  made.i^^  tiiem,  unless 
soiuaaubaaquefeil  par&ament  alter  it.  Coke*s 
Inatitwtei^  t-t&T,  ^hsre  it  is  said  in  treason  as 
welias  any  thinnr  else,  upon  H.  6,  there  shall 
be  freehobs;.  n  they  have  provided  in  civil 
.and  other  criminal  causes,  it  wisre  strsiige  Uiat 
thiiebonRbe.caciii  ommu-;  but. there  is  no 
.  ooost^otion  a^nst  a  negativa  law :  for  the 
psfftiameni  tidimg^  osiJle  df  the  ei^  of  London, 
(as  the  subsequent  stafeutce  say)  that  he  that 
hsih  a  hundred  asarks  shall  pass  in  civil  eauses, 
and  tbanit  savs  in  mufdessand  fehKues,  and 
that  only  cenuned  to.  the  fireemen  of  tibe  plftOe, 
does-sumciently  explain  the  law,  where  it  is 
not  altered  by  any  subsequent  act ;  therefore  I 
desire  the  challenge  may  be  edmitted. 

AHftrmey  GetieraL  Hy  lord^  These  gentle* 
menfai  iMmdation  is  not  good ;  fhr  they  profe 
Jt  not  by  any  hooks,  that  at*common  tew  it  was 
1 1.  yiisHa  tie  a  jury-manto  haee  freehokli  Mv 
loid^  I  >de^rmir  f^umdatioii }  there  ia  no  sucn^ 
law^isasd  at  this  day,  i»  idloriminal  oases, 
whew' AiwtsMe  does  not  (direct  it,  as  fbr  Hots 
und  edier  itt&rmatMna  fbv  misdemeanour,  tber# 
is  aoiaw^rasMae  thena,  «nd  they  mey  be  tried 
hji«ai^  .«&tti  they  baip  i|o  eieepllou  agoinst 
Ijien  g  H.  6,  sayif'None  shall  be  admRMto 
fMt4ip«Mhe:deail»  of  a  imu^  (i  ^b^  it  to 
eslaMHUs.'ail.eapiUI  mattoiu,  th^hgh'it  is 
fnttyHoMy  iiMiiigiisd i > fb» when tamtm itf  eo- 
«wi  if  dW' atausMD^  highmoMOii^  «tU 


/ 


LcrHXhssiiL 


vrwAA  tuft  iie  eno^mttie  city  of  Lonilon  to  try 
it?  In  the  casfe  of  th«  <^uo  Warranto  brougiit 
n^atust  Ihe  city  'of  Worcester,  to  know  by 
wbat  warrant  several  took  npoai  them  the  odi- 
ceo  of  alflermen,  the  gentlemen  at  the  bar 
olsgecft^d,  that  it  was  reasonable,  thatoo  free- 
hold 'Should  be  determined  bat  by  freeholders. 
But  the  jadM  of  the  Kii^s-beoch  (the  court 
beuig  fuU)  rortbe  necessity  of  the  thing*,  lest 
there  mignt  not  l>e  sufficient  freeholders  in  that 
city,  having  sent  one  of  the  judges  of  that 
^  4:aurt  to>  your  lordshipa  of  tlie  conunon  pleas, 
for  that  reason  did  agree  the  challenge  was  ngt 
good. .  I  know  these  gentlemen  wiJI  please  to 
remember  the  case;  so  that  I  say,,  as  in  onii 
case'  we  ought  to  be  tender  of  the  life  of  tlie 
prisoner,  so  we\>ught  surely  to  be  tender  of  the 
*  lite  of  the  king;  c^ennise  it  may  so  happen, 
tliat  tho  king^s  life  may  Iw  ciicompouised,  and 
troasoii  committed  in  the  city,  and  tnere  would 
be  no  way  in  the  world  to  try  it :  Therefore  we 
pn^y  forihe  king  f;be  challenge  inay  be  over- 
ruled^ 

Mm*  North,'  My  lord,  It  is  (the  practice  to 
make  the  -f^emre  fiuiasf  without  mentioning 
freehold ;  for  it  does  not  command,  that  tliey 
rotutu  «o-  maiiy>men  that  have  freehold,  but 
'  probsfretl^gales  boninesdcTioeneto;'  tliet«- 
fore>  at  the  euoimon  law,  those  were  good  ia- 
qufists  to  4ry  any  man,  that  were  not  ex-com- 
mnnicateds  nor  under  any  out-tlaw.  'Tis  true, 
there  -are  statutes  that  say,  all  jmymen  stiall 
haTC'  freehold ;  but  we  say,  these  statutes  do 
not  extend  to  the  city  of  Liondon,  but  that  it  is 
gorerned  by  its  ewn  customs ;  and  we  say  it  is 
\  the  custom ,  that  citizens  of  ability  have  beoi  re- 
turned that  have  no  freehold.  But  granting  what 
'  we  do  not,  by  way  of  suppgsal,  my  lord,  it  does 
not  extend- to  tbiscasc,  because  tiials^are  to  be 
according  to  the  use  at  common  law,  by  the 
statute  «f  queen  Mary,  wbioh  does  set  them  at 
lasge.agaia;  and  that  is  tho  reason  the  priso- 
nevf.in  this  oase,  hutli  his  chalienge  for  S^t^and 
is  in  oUi«r  cases  (restrained  to  30 ;  so  that  we 
say,  these  men.  of  ability  are  good,  and  there  is 
no  statute  afiects  them. 

L.  C.  X  Mn  Pollexfen,  J^o  you  iiod«ny 
judgny^n^  that  in  cases  of  ;t reason,  by  common 
law,  they  might  except  for  want  of  freehoM  ? 
HavQ^you  any. resolution  in  theoase? 

Mr.  Polle^'en,  I  think  there  ai,t5  books  that 
say,  at  commcia4aw  rthere  must  be  fccehold. 

L.  C.  J.  What^  in  toeasoa  ? 

Jlir.  Fofkrfer^.  No,  mylorda 

X.  C.J.  Unless  you  spank  of  ircason^  you 
do  )»ot  speak  (id  idem:  For  I  do  take itj  that  in 
caso^fOftrea^oD^or  in  cases  of  felony<«  at  the 
coiimiqii4i^w,  they  had  no  liberty  to  cxoapt  lo 
j  urorsy  tl\at  they  bad  not  any  freehold ;  but  -that 
at  4hQ  oommwi  law  ^any  •gixiKl  and  lawful  mOn 
mig)it  paqifc  Then  take  as  intfoductise  of  a 
>  new^law-the ^statute of  H.  :5>  lam  of  the  mind^ 
Hu^  thisi.f|taMit^iof  H.  5,  peradveutoce,  .nwiy 
ex|Hi^4a  t4Pea9PQ««aad  fiilonies ;  .but  when  the 
tta^iite  rof  queen  ,Mafy  ciomes  and  jays^  a)l 
triiybi  t^Ml  Jhe  Py  syoli  .9vid«iiQet.«i)d  .in  such. 
>um#r«  i.¥  by  r^fNBVIOQ  J*w  ..|he|r  l^^igfbt  to 


%ave  been,  I  do  not  see  bow  it  is  postflble  1o 
nmke  an  objection  afterwards  of  this  nsCori^. 
For,  admiiting  this  act  of  parliament  of  H.  5. 
had  altered  tfa^  common  law,  and  given  a  chal- 
lenge, why  then  when  tlie  statute  of  queea 
Alary  comes  and  sets  all  trials  at  large  in  the 
case  of  treasons,  then  certainly  the  chattengo  in 
gone  aj^n";  and  I  doufjt  you  will  not  tind  dne 
exception  in  this  case,  e^er  since  that  statute 
conc^rtung  the  jury's  freehold  in  cases  of  trea- 
son, but  it  hath  generally  passed  oAerwise,  and 
there  hath  not  been  any  ever  excepted.  I  doubt 
it  will  be  a  very  hard  thing  to  mainta'n  such  a 
challenge  now.  Here  my  lords  and  brothers 
will  be  pleased  to  deliver  tlKiir  opinions.  It  is 
a  business  of  great  consequence,  not  only  for 
this  noble  parson  at  the  bar,  but  fbr  all  other 
j[)ersons. 

Lord  Chief  Baron,  (Mr.  William  Montajgn.) 
1  agree  with  your  lordship  perfectly ;  but  if  the 
oounseliiad  laid  a  right  tbundatibn,  that  it  had 
been  so  at  common  law,  there  had  been  nmcli 
said ;  but  I  take  it  at  common  law  there  was 
no  ehallengt^  for  want  of  freehold,  and  I  am 
induced  to  think  so ;  for  otherwise  what  needed 
the  statute  of  H.  5,  been  made  t  But  whetiier 
it  extend  to  treason  or  no,  t  am  not  ^  cleai*.- 
And  if  it  did,  k  is  wiped  dff  again  by  l^iat  of 
queen  Mary,  which  redocHi  a§l  tb  the  common 
lawtrial. 

Mr.  Just.  Windham,  I  am  of  the  same  opi- 
nion: I  conceive  at  common  law,  lack  of 
freehold  no  good  oause  of  challenge. '  It  is 
true,  that  chaUenge  is  given  in  some  cases  by 
act  of  parliainenf ,  yet  I  doubt  whietlier  it  extend 
to  a  thing  of  so  high  a  nature  as  treason ;  tor 
other  statutes  hare  not  mentioned  any  thing  of 
treason.  •  But  suppose  2  11.  5,  did  extend  to  it, 
yet  it  is  very  plain,  the  statute  of  1  and  2  qoeen 
Maiy  hath  set  all  at  large  again;  tliey  are  to  be 
good  and  la^vfnl  men  ;  and  1  do  not  find  that 
any  thing  of  the  hiwfulness  must  he  the  free- 
hold. .£id  therefbre  I  conoeive  this  is  no  just 
exeeptioB  in  this  case. 

Mr.  Just.  Janet.  My  lord,  I  am  of  the  same 
opinion.     I  am  of  opinion^  that  the  oomnxm 
law  did  not  'require  freehold  to  be  a  good  causa 
of  ohaUengv  in  Jthe  case  of  treason,  and  the 
rather,  because  at  theooDEmnm  law,  a  man  that 
was  indicted  of  high  tDeason  had  liberty  to  chal- 
lenge>  |ieremptartTy,  to  the  number  of  St  per^ 
sons.  5ly  lord«if  tncconuaonlaw'be  aheredhy 
the  statnte  of  H.  <S,  yet  I  take  it,  that  the  ata- 
tute  of  1  and  2-1%.  and'  M.  does  restore  die 
common  kw  in  4his  particular  point.     For 
whereas  tliere  Was-  a  statole  H.  8,  to  rtstrahi 
^e  prisoner  to  the  number  of  20  ibr  his  chal-  - 
knge,  jiow4he  statute  rcsUtting  it  to  cOmmoii 
kw,  the  pcifloner  hath  *  his  challenge-to  35,  «ft 
he  had  beibrt  thaiatatote  of  H.  &    Ho  Itikeft* 
the  king  shall  havet  his  pvif  ilege-abo  to  ti^  «. 
prisoner  lor  treason,  by  perionsihat  haveuot 
freehold. 

:  Mr*  Jiist  Charlimi.  / 1  am  of  the  name'n^'^ 
iion  2  And*  truly  ibe  mtber,  because  ne  pnaee^ 
dent  lutth^  been  offered '.of  any  «nch  dmHeage 
Matter  4ttd4naiiy»«w>bwe  ■— Ifrred,  iBd«ili«» 


^  # 
'I 

.4  V 


J93]  StATE  TRIALS,  SS'Cbaklbs  II.  lff8d.--/or  J9^  Treutm. 

if  itoooU  bsre  beoi)  many  would  have  made 
weofit. 

Mf.  Jost  Xevifii.  I  am  of  opiiiioii,  it  is  not 
to  be  allowed.  I  do  not  think  mjraelf  driren  to 
the  necessity  to  determine  now,  whetlier  tree- 
hold  was  a  g^ood  chaDens;e  at  common  law  in 
point  of  treason.  I  think  the  statute  of  fb^ 
and  H.  hath  restored  the  trials  to  the  common 
law.  What  was  the  common  law  ?  The  com- 
moB  law  is  the  custom  of  Engknd,  which  is 
other  in  cities  than  in  counties,  and  the  custom 
of  London  is  part  of  that  common  law.  So, 
dioogh  it  be  a  cause  of  challenge  in  acounty  at 
large,  jet  it  is  not  acause  of  ciuJlenge  in  cities, 
jrhere  IVeeholderB  are  not  to  be  found.  Now 
that  which  satisfies  me  is.  That  this  custom  is 
restored  by  the  statute  of  Ph.  and  Bf  ary ;  be- 
cause ne^er  such  a  challenge  hath  been.  And 
it  is  known  when*  20  were  tried  for  treason  to- 
gether in  this  very  place,  and  one  of  them  a 
notable  cunning  lawyer,  and  if  such  a  chal- 
lenge w%re  to  hare  been  allowed,  no  doubt  he 
would  have  made  use  of  it ;  but  the  challenge 
was  not  taken,  and  if  he  had  made  such  a  chtd- 
lenge,  and  it  had  been  allowed,  perhaps  he 
oomd  not  have  been  tried :  That  was  Cook.  I 
iiaFe  heard  several  persons  tried  for  treason  my- 
self,  and  never  heud  it  taken.  Therefore  I 
am  of  opinion,  that  before  any  statute  was 
made  in  this  case,  it  was  the  custom  in  London 
to4ry  without  freeholds,  and  since  by  the  sta- 
tute of  oueen  Maiy  it  is  restored. 

Mr.  Baron  Street.  I  think  there  Vas  no  such 
challenge  at  common  law.  The  jury  were 
only  to  De  *  probos  et  l^ales  homines,'  and  no 
more,  till  the  ^tute  made  it  so ;  but  there  is 
a  particular  reservation  to  corporations.  And 
certainly,  if  this  should  be  admitted  to  be  a 
good  cmdlenge,  though  it  were  between  party 
and  party,  there  would  be  in  sbme  corporations 
a  pcmct  failure  of  justice.  So  that,  without 
doubt,  at  common  law  there  was  no  such  chal- 
lenge. As  for  the  statute  of  H.  5,  it  is  ^ooe 
by  that  of  queen  Mary.  If  this  were  admitted 
within  London,  nothmg  would  be  more  mis- 
chievous to  this  corporation.  Methinks  we 
bave  been  very  nice  in  this  matter,  when  the 
life  of  the  king  is  at  stake,  and  all  the  customs 
and  privileges  of  the  d^  of  London  seem  to  be 
JeveUed  at  m  this  point.  I  am  of  the  opinion 
with  the  rest  of  the  judges,  that  this  challenge 
ouffht  to  be  over-ruled. 

?ost.  Withins.  I  am  of  the  same  <^nion. 

X.  C.  J.  .My  lord,  the  court  is  of  opinion, 
upon  hearing  your  counsel,  and  the  lEing's, 
that  it  is  no  good  challenge  to  a  jury  in  a  case 
of  treason,  that  he  has  not  freehold  within  the 
city:*  But  I  must  tdl  your  lordship  withal, 

*  This  Case  as  to  this  point  is  thus  reported 
S  Show.^lOj  **  The  king  against  lord  Russell. 
The  defendant  was  tri^  at  the  Old-Bailey 
for  hiffh-treason,  and  upon  his  trial  he  chal- 
lenge a  juror  in  Lonaon  for  not  having  a 
freeliold,  and  resolved  by  Pemberton,  chief 
justice,  and  the  other  ten  judges  then  present, 
jtbat  want  of  freehold  is  no  challenge  in  treason, 

VOL.  IX. 


im 


that  your  kNrdship  has  nothing  cf  harddup  in 
this  case ;  for,  notwithstanding  that,  I  mpst 
^1  y<ni,  you  will  have  as  amd  a  jury,  and 
betler  than  yon  should  have  nad  in  a  county, 
of  4t  «r  40f .  a  year  freeholders.  The  reason 
of  the  law  for  freeholds  is.  That  no  slight 
persons  should  be  put  upon  a  jury,  ^rhere  tlio 
life  of  a  man,  or  hu  estate,  comes  in  qoestiou  ; 
hut  in  the  city,  the  persons  that  are  impanelled 
are  men  of  quality  and  substance,  men  that 
have  a  great  deal  to  lose.  And  therefore  yovur 
lordship  hath  the  same  in  substance,  as  if  a 
challenge  was  allowed  of  freehold.  It  will  be 
no  land  of  prejudice  to  your  lordship  in  this 
case.  Therefwe,  if  you  pleas^  apply  yourself 
as  the  jury  is  called,  and  make  your  exceptions, 
if  you  shall  make  any. 

L,  C.  J.  Mr.  PoHexfen,  you  shall  have 
liberty  to  stay  any  whene  here^  if  ycu 
please,  ' 

Counsel,  Here  is  sudi  a  great  crowd,  my  lord, 
we  have  no  room. 

Then  the  Juiymen  were  called,  and  after  the 
lord  Russel  had  challenged  one  and  thirty  of 
them,  the  Jury  sworn  were  as  follows:  Mm 
Martm,  William  Rouse,  Jervas  Seaton,  William 
Fashion,  Thomas  Short,  George  Torriano,  Wil* 
liam  Butler,  James  Pickering,  Thomas  Jeve, 
Hugh  Noden,  Robert  Brough,  Thomas  Oneby . 

Then  was  made  Proclamation  for  Infbnna* 
tion. 

CL  of  Cr.  William  Russel,  esq.  hoU  up 
thy  hand.  (Which  he  did).  You  of  the  Jur^^ 
look  upon  the  prisoner,  and  hearken  to  ius 
cause :  He  stanus  indicted  by  the  name   of 

-i prout   before    in  the   Indictment. 

Upon  this  Indictment  he  hath  been  arraigned, 
and  thereunto  pleaded"  not  ^Ity,  and  for  his 
trial  hath  pot  himself  upon  his  country,  which 
country  you  are:  Your  chaiyne  is  to  inquire 
whether  he  be  guilty  of  thm  high  treason 
whereof  he  stands  indicted,  or  not  guilty :  If 
you*  find  him  guilty,  you  shall  inquire,  &c. 

Mr.  North,  May  it  please  your  lordship, 
and  you  that  are  sworn,  the  prisoner  at  the  bar 
stands  charged  in  this  Indictment  with  no  less 
than  the  ^conspiring  the  death  of  the  king's 
majesty ;  and  that,  in  order  to  the  same,  he 
did,  with  other  traitors  named  in  the  Indict- 
ment, And  others  not  known,  November  3,  in 
the  34th  year  of  this  king,  in  the  parish  of 
Bassishaw,  Within  the  city  of  Lcmdon,  meet 
and  conspire  together  to  bring  our  sovereigii 
lord  the  king  to  death,  to  raise  war  and  rebel - 
tion  ag^nst  him,  and  to  massacre  his  subjects : 
And  in  order  to  com  puss  these  wicked  designs, 
there  being  assembled,  did  conclude  to  seize 
the  king's  guards,  and  his  majesty's  .person. 

much  less  in  a  corporation."  But  now,  see 
Stat 'a  IW.  and  M.  st.  2,  c.  2. 4  and  .5  VV  and  M, 
c.  24 :  the  provisions  of  which  1  have  bet^n  sur- 
prised not  to  see  noticed  in  Mr.  East's  Treatise 
of  the  Pleas  of  the  Crown.  See,  too,  Town- 
ly's  Case,  a.  d.  1746,  in  this  Collection,  an4 
Post.  7. 
2Q 


69i}  STATE  TRIAIA  35  Charles  II.  \6^5.^TrUlofWiaUmL9riRu99eU,  [590 


This  is  thef  charge:  The  def^dant  says  he  is 
not  guilty ;  if  we  prove  it  upon  him,  it  will  be 
your  duty  to  find  it. 

Att.  Gen.  My  lord,  and  yoa,  gentlemen  of 
the  Jury,  most  of  our  evidence  against  this  ho- 
nourable person  at  the  bar  is  to  this  purpose: 
This  person,  the  duke  of  Monmouth,  mv  lord 
Grey,  sir  Thomas  Armstrong,  and  Mr.  F'crgu- 
9on,  they  were  the  council  of  state,  as  I  may 
call  them,  to  give  forth  directions  for  the  ge- 
neral rising  mat  hath  appeared  was  to  have 
been  within  this  kingdom.  The  rising  was  of 
great  concern  and  expence,  and  must  oe  ma- 
naged by  persons  ot  interest,  prudence,  and 
great  secrecy.  These  gentlemen  had  frequent 
meetings  in*Ootober  and  November  last,  (for 
then,  you  may  refresh  your  memories  again, 
was  the  general  rising  to  be)  and  there  they 
did  consait  how  to  manage  the  rising  they  con- 
sulted how  to  seize  the  king's  guards;  and  this 
noble  person  being  mixed  with  these  others, 
especially  with  Ferguson^  who  with  otliers  of 
an  infenor  rank  was  also  engaged  in  a  cabal 
for  managing  worse  things,  (though  this  is  bad 
enoqgh)  at  several  meetings  they  receive  mes- 
sa^  from  my  lord  Shaftesbury  touching  the 
rising ;  they  being  looked  upon  as  the  persons 
that'were  to  conclude  and  settle  the  time,  and 
ail  circumstances  about  it. 

We  shall  make  it  appear  to  you  in  the  course 
of  our  evidence,  that  those  underlings  (for  this 
was  the  great  consult,  and  moved  aU  the  other 
wheels)  who  managed  the  assassination,  did  . 
take  notice,  that  these  lords  and  gentlemen  of 
quality  were  to  manage  and  clear  the  whole 
business  of  the  rising.  It  seems  these  gentle- 
men could  not  give  the  earl  of  ShafiLesbury  sa- 
tisiaction  to  his  mind;  for  he  pressed  them  to 
keep  their  day,  which  was  the  17th  of  Novem- 
ber last ;  but  the  honourable  person  at  the  bar, 
arid  the  rest,  made  him  this  answer,  that  Mr. 
Trcnchard  had  tailed  them ;  for  that  he  had 
promised  to  have  1,000  foot,,  and  2  or  300 
horse,  at  four  hours  warning ;  but  now  it  was 
come  to  pass,  h^  could  not  perform  it;  that 
some  persons  in  the  west  would  not  join  with 
them,  and  therefore  at  this  time  they  could  not 
proceed;  and  therefore  they  must  defer  the 
day.  And  at  a  council,  they  sent  mv'Jord 
Shaftesbury  word,,  he  must  be  contente<l,  tfiey 
had  otherwise  resolved,  and  thereupon  jny  lord 
Shaftesbury  went  away,  and  Mr.  Ferguson 
with  him. 

To  carry  on  this  practice,  they  took  others 
into  their  council,  sir  Thomas  Armstrong  was 
left  out,  and  there  falling  that  scandalous  report 
upon  my  lord  Grey,  he  was  to  be  left  out,  and 
then  there  was  to  be  a  new  council  of  six, 
whereas  the  inferior  council  to  manage  the  as- 
sassination was  seven.  At  this  eoimcil  there 
was  this  honoui:able  person  at  the  bar,  the  duke 
of  Monmouth,  my  lord  Howard,  and  another 
honourable  person,  who  I  am  sorry  to  name 
upon  this  account,  who  hath,  this  morning, 

Iirevented  the  hand  of  justice  upon  himself,  my 
ord  of  Essex,  and  col.  Sidney,  and  Mr.  Hamb-  i 
den :  These  six  had  their  frequent  consults  at  I 


this  honourable  person's  bouse ;  lor  tbey  hai 
excluded  sir  Thomas  Armstrong,  .and  my  lord 
Grey ;  for  these  gentlemen  would  have  tbe 
&ce  of  religion ;  and  my  lord  Grey  was  in 
their  esteem  so  soandalous,  that  they  rtiougiit 
that  would  not  prevail  with  the  people,  if  he 
waa  of  the  council.  There  they  debated  horn 
they  should  make  this  rising;  after  several 
consultations  they  came  to  this  resolution : 
Ttiat  before  they  did  fall  upon  this  rising,  tfaey 
should  have  an  exact  account  both  of  the  time 
and  method  of  the  Scotch  rising,  and  there* 
upon  a  messenger  was  sent  on  purpose  by  co- 
lonel Sidney,  viz.  Aaron  Smith,  to  invite  Scotch 
Commissioners  to  treat  with  these  noble  lords. 
Pursuant  to  this,  just  before  the  mot  brake  out, 
several  from  Scotland  came  to  treat  with  them 
how  to  manage  the  work ;  30,000/.  was  de- 
manded by  the  Scots,  in  order  that  they  shouki 
be  read  V  in  Sootland  ;  then  they  fell  to  10,000, 
and  at  last«  (for  the  Scots  love  money)  they  fell 
to  5,000,  which  they  would  take  and  run  all 
hazards ;  but  they  not  coming  to  their  terms, 
that  broke  off  that  week  the  Plot  was  dis- 
covered. 

Gentlemen,  if  we  prove  all  these  instanoes, 
besides,  we  shall  call  some  t^  shew  you,  dial 
all  the  inferior  party  still  looked  upon  these  to 
be  tbe  heads ;  and  though  they  keptit  secret, 
God  hath  suffered  it  to  come  to  light,  with  at 
plain  an  evidence  as  ever  was  heara. 

Serj.  Jefferiet.  1  will  not  take  up  any  of  youi^ 
lordship's  time ;  we  will  call  our  witnesses  to 
prove  the  fact  Mr.  Attorney  hath  opened: 
Swear  coL  Rumsey  (which  was  done).  Pray, 
colonel  Kumsey,  will  you  give  my  lord  and  the 
jury  an  account,  from  the  beeinning  to  Ifae 
end,  of  the  several  meetings  that  were,  and 
what  were  the  debates  of  those  meetings? 

Col.  Rumsey.  My  lord,  I  was  at  my  kird 
Shaftesbury*s  lodging,  where  he  lay,  down  by 
Wapping,  about  the  latter  end  of  October,  or 
the  beginning  of  November ;  and  he  told  me, 
there  was  met  at  one  Mr.  Sheppard*s  house* 
the  duke  of  Monmouth,  my  .lord  RusaeH,  my 
lord  Grey;  sir  Thomas  Armstrong,  and  Mr. 
Fei'guson ;  and  he  desired  me  to  speak  to  then, 
to  know  what  resolution  they  were  come  to 
about  the  rising  of  Taunton :  I  did  go  there 
accordingly,  and  call  for  Mr.  Sheppard,  and  he 
carried  me  up  where  they  were,  and  the  atyswer 
that  was  there  made  me  was,  that  Mr.Trench- 
ard  had  failed  them,  and  there  would  no  more 
be  done  in  the  matter  at  that  time. 

^/^  Gen.  Tell  the  whole  passage. 

Rumsey,  1  did  say  my  lord  Shaftesbary  had 
sent  me  to  know  what  resolution  tbey  had 
taken  about  the  rising  of  Taunton.  Tbey  mad^ 
me  this  answerj  that  Mr.  Trenchard  had  fa^ed 
them,  that  he  had  promised  1,000  foot  and  300 
horse ;  but  when  tie  came  to  perform  it,  b^ 
couhl  not.  He  thon&^ht  the  people  would  not 
meddle,  unless  they  nad  some  time  to  make 
provision  for  their  families. 

X.  C  J.  Who  had  you  this  message  from  f 

Rumsey,  Mr.  Ferguson  did  sp^  moci 
of  it. 


$97}         4TATETIUALS,  35  Chakle&  IL  \€BS,^f&t  High  Tnmx. 


im 


X.  ex  Who  sent  ihm  iiies(Mige  bade  P 

Rumsey,  M^  Fervudoo  made  the  aaawer, 
ray  lard  Rujuell  aad  the  duke  of  Monmouth 
were  jNreseDt,  and  I  think  my  lord  Grvy^did 
say  somediing^to  the  same  purpose. 

AtL  Gen.  Fray,  how  often  vrere  you  with 
them  at  thai  house  P 

Rumtey.  I  do  not  know :  I  wan  there  niore 
than  once,  I  was  there  either  another  time,  or 
else  I  heard  Ntt,  Ferguson  make  a  report  of 
another  meedn^  to  my  lord  Shaflsbury; 

Serj.  Jeff.  Was  my  lord  Russell  in  the  room 
whc^n  Uiis  debate  was  ? 

Rumt^.  Yes,  my  lord. 

Att.  Gen.  What  did  they  say  further  P 

Bumsw.  That  was  all  at  that  time,  that  I 
mnemb^. 

Att.  Gen.  Was  there  nothing  of  my  lord 
Shaftesbury  to  be  contented  P 

Mumt^.  Yes,  that  my  lord  Shaftesbury 
most  be  contented ;  and  upon  that  he  took  his 
resolution  to  be  gone. 

L.  C.  J.  Did  you  hear  any  such  resolution 
from  him?— iiiMu<^.  Yes,  my  lord. 

Att.  Gen.  Did  yon  know  of  their  meeting 
there,  or  wpa  it  by  my  lord  Shaftesbury's  di- 
rection? ^ 

^ Jlttsury.  No,  but  my  lord  told  me,  I  should 
find  such  persons,  and  accordingly  I  found 
them :  and  this  answer  was  given. 

Att.  Gen.  What  time  did  you  stay  P 

Rumsey.  I  think  I  was  not  there  above  a 
quarter  of  an  hour. 

Att.  Gen.  ^  Was  there  any  discouTBe  hap- 
pened 'while  you  were  there  about  a  Decla- 
ration P 

Rumsey.  I  am  not  certain  ^whether  I  did 
hear  something  about  a  declaration  there,  or 
tfiat  Mr.  Ferguson  did  report  it  to  my  lord 
£ftiaftesbary,  mat  they  bad  delated  it. 

Seij.  Jeff  To  what  purpose  was  the  decla- 
ration? 

L.  C.  J.  We  must  do  the  prisoner  that 
right ;  he  says  he  cannot  teU  whether  he  had 
it  from  him  or  Mr.  Ferguson. 

Att.  Gen,  Did  you  hear  no  discourse  to 
what  it  tended  ? 

Rusntey.  My  lord,  there  was  some  discourse 
about  seeing  what  posture  the  guards  were  in. 

One  of  the  Jury.  By  whom,  Sir? 
.  Rnmuy..    By  all  the  company   that  was 
there. 

L.  C  J.  What  was  that  discourse  P 

Rymtey.  To  see  what  posture  they  were  in, 
that  they  might  know  who  to  surprise  them. 

L.  C.  J.  The  Guards  P 

Runuey.  Yes,  ^that  were  at  the  Savby  and 
the  Mews. 

JL  C.J.  Whose  were  the  words?  Tdlthe 
words  as  near  as  von  can. 

Runuey.  My  lord  the  discouise  was,  that 
some  should— 

JL  C.  J.  Who  made  that  disorfurse  P 

Rumsey.  My  lord,  I  think  sir  Thomas  Arm- 
strong b^ian  it,  and  Mr.  Ferguson. 

Att,  uen.  Was  it  disconned  among  all  the 
company? 


Rumsty*  All  the  company  did  debate  itr 
Afterwards  they  thou|[bt  it  necessary  to  see 
with  what  care*  and  vigilance  they  did  guard 
themselves  at  the  Savoy  and  Mews,  whether 
they  might  be  surprised  or  not  ' 

Att.  Gen.    Were  there  any  undertook  t^ 
go  and  see  there  P 
.  Rumsy.  There  were  some  persons. 

Serj.  Jeff.  Name  them. 

Rumsey.  I  think  the  duke  of  Monmouth,  my, 
lord  Grey,  and  sir  Thomas  Armstrong. 

Serj.  Jeff  Was  my  lord  Russell,  the  pri- 
soner, there,  when  they  undertook  to  take  the 
view  P— l^umMv.  Yes,  Sit 

Ait.  Gen.  Ilo  what^ purpose  was  the  view? 

Rumsey.  To  surprise  them,  if  the  rising  bad 
gone  on. 

Serj.  Jeff.  Did  you  observe  by  the  debates 
that  happened,  that  they  did  take  notice  there 
was  a  rismg  intended? — Rumsey.  Yei. 

S^.  Jeff  And  that  direction  was  given  to 
take  a  view  of  ihe  guards,  if  the  rising  had 
gone  on? — Rumsey.  Yes. 

L.  C.  J.  Pray,  Sir,  declare  justly  the  dis- 
coursie. 

Uumsey.  I  went  to  them  from  my  lord 
Shaftesbury:  and  I  did  tell  them,  that  my 
lord  did  pray  they  would  come  to  some  reso- 
lution ;  and  they  told  me,  Mr.  Trencherd  they 
depended  upon  for  Taunton  had  failed  them, 
who  when  he  came  up  to  town  first  at  the 
term,  had  assured  them,  that  in  three  or  four 
hours  time  he  couM  have  1,0Q0  foot,  and  300 
horse ;  but  now  it  came  to  be  tried,  he  an- 
swered,' it  was  not  possible  for  him  to  under- 
take it ;  for  people  would  not  rush  into  it  of  a 
sudden,  but  have  some  time  to  prepare  for  their 
families. 

Att.  Gen.  Was  it  pretended  there  should 
be  a  rising  at  tliat  time  ? 

Rumsey.  Yes,  the  19th  of  November  was 
appointedf  for  the  rising. 

L.  C,  J.  Was  it  herore  that  time  you  went 
to  press  them  ftom  my  lord  Shaftesbury  ? 

Rumsey.  Yes,  I  think  it  was  a  matter  of  a 
fortni^t  before,  or  something  more.  «  For  I 
think  it  was  concluded  Sunday  fortnight  after 
my  lord  Grey  met. 

Att*  Gen.  But  you  say,  besides  what  you ' 
hear^  there,  you  understood  there  was  to  be  » 
rising  at  that  time :   was  you  to  be  engaged  in 
this  Y—'Rumsey.  Yes,  I'  wss. 

L.  C.  J.  You  must  speak  so,  that  what  ynm 
deliver  may  be  sensible  ;-  for  if  you  speak,  I 
apprehend  so  and  so,  that  will  be  doubtful. 

Rums(^.  No,  my  lord,  the  riring  vras  d^ 
termined,  and  I  was  to  have  gone  to  Bristol. 

Att.  Gen.  In  what  capacity,  as  colonel,  or 
captain  ? 

Rumsey.  There  waano  determination  of  tha^ 
no  quality. 

JL.  C.  J.  By  whose  appointment  was  that?- 

UttSTsey.  My  lord  Shafteslmry  spake  thai 
to  me. 

Setj.  Jeff.  Jftut  pray,  col.  Rumsey,  this  you 
are  very  able  to  know,  what  the  denates  were, 
and  need  not  be.  pumped  with  so  many  quea* 


S9d]  STATE  TRIALS,  iS  Cbarlbs  IL  l6SS.—1iriat  of  miBgd  LuriRMueU,  [6o<» 


tions:  pffty,  was  there  any  debate  wheo  you 
ijame  with, the  ihessase  from  my  lord  Shafts- 
bury  *B,waff  there  a  debate  aboilt  the  n^ang  f 

Kumtey.  There  was  do  debate  of  it,  because 
they  made  answer;  Mr.  Trenchard  had  failed 
tliem. 

Serj.  Jeff.    But  did  not  they  take  notice  of 
the  rising  ?  Gire  an  account  oi  it. 
Itumsey.  1  have  done  it  twice. 
Jury.  We  desire  to  know  the  message  from 
the  lord  Shaf^bury. 

L.  C.  J. ,  Direct  yourself  to  the  court :  some 
of  the  (B^entlemen  have  not  heard  it,  they  de- 
8ir6  you  would,  with  a  little  more  loud  voice, 
repeat  the  message  you  were  sent  of  from  my 
lord  Shafiesbupy. 

Rumsey,  1  was  sent  hf  my  lord,  to  know 
the  resoUition  of  the  rising  in  Taunton :  they 
answered  Mr  .Trenchard,  whom  they  depended 
upon  for  the  men,  had  failed  them,  and  that  it 
must  fall  at  that  time,  and  my  lord  must  be 
contented. 

Att.  Gen.  Was  the  prisoner  at  the  bar  pre- 
sent at  that  debate  P—JticifiMr^.  Yes. 

Seij.  Jeff.  Did  you  find  him  averse  to  it,  or 
-agreeing  to  it? — ttumsey,  Ameinfftoit. 
Baron  Street  What  said  lord  SfaafteiAiury  ? 
Runuey,  Upon  my  return  he  said,  he  vrould 
tie  gone,  andacoocdmgly  did  go. 

Setj.Jeffi   If  my  lord  Russell  pleases  to  ask 
him  any  i|ueslions,  he  may. 
Ld.  Rutteli.  Most  I  ask  him  naif  ? 
L,  C.J.  Yesy  my  lord,  propose  your  ques- 
tions <to  me. 

lid.  Ruitell.  I  have  very  few  questions  tir 
ask  him,  for  I  know  Utile  of  the  matter ;  for  it 
was  Uie  greatest  accident  in  the  world  I  was 
there,  aira  when  I  saw  that  company  was 
Aere,  I  would  have  been  gone  affain. '  I  came 
there  accidentally  to  speak  with  Mr.  Sheppard ; 
I  wasjustoometO'tosni|butthere  wasno  dis- 
course of  surprising  the  guards,  nor  no  under- 
taking of  ndsuigSBi  army.  . 

^L.  C.  J.  We  will  hear  yon  to  any  thinff  by- 
and-by,  bat  that  whkh  we  now  desive  ofyour 
lordship,  is,  as  the  witnesses  come,  to  know  if 
you  would  have  any  particular  qoestioos  asked 
ofthem. 

Ld.  Huttell.  I  desire  to  know,  if  %  gave  any 
•nswerto  any  mesaage  about  the  rising  :J.  was 
up  and  down ;  I  do  not  know  what  they  might 
say  when  I  was  in  the  room ;  I  was  tasting  of 
wme. 

L.  C.  J.    Did  3rou  observe,  that  my  lord 
Russell  said  any  tiing  there  and  what  ? 
Rtuiuey.  Yes,  my  lord  Russdldid  speak. 
L.C.  J.  About  what? 
Rauntey.  About  the  rising  of  Taunton. 
,  Ld.  RuuelL  It  was  sir  Tho.  Armstrong  that 
l^vetsed  with  Mr.  Trenchard. 

X.  C.  J.  What  did  you  observe  my  lord 
Rosseltosayf 

Bumiey.  My  kwd  Rnasdl  did  discourse  of 
the  riainff . 

Ld.  Rus9ell.  How  diookl  I  discoorse  of  the 
risiBff  at  Tauntep,  that  knew  not.  the  place, 
Bor  had  koowledgeof  Xnackard? 


Att  Gtn.  Now,  my  lord,  we  wiH  give  yoa 
an  account,  that  my  lord  Rundl  appointed  Ais 
phuse,  and  came  in  the  dark  without  his  oaach. 

Ld.jRiate^.  My  lord,  I  think  the  witoe«  was 
asked,  if  I  gave  my  consent. 

L.  C.  J.  What  sa^  you,  did  my  lord  give 
any  consent  to  the  rising'  P 

Rumsey.  Yes,  my  loi^,  he  did. 

Att.  Uen,  Pray,  swear  flr^  Sheppard.— « 
(Which  was  done.)  Pray,  will  you  speak 
aloud,  and'give  an  account  to  my  lord  and  the 
jury,  of  the  meetings  at  your  house,  and  what 
was  done  ? 

Mr.  Sheppard.  In  the  month  of  October 
last,  as  I  remember,  Mr.  Ferguson  came  to  mm 
in  the  duke  of  Monmouth's  name,  and  desised 
the  conveniency  of  my  house,  for  him  and 
aome  other  {lersoDs  of  quality  to  meet  there. 
And  as  soon  as  I  had  granted  it,  in  the  eveninc 
the  duke  of  Monmopte,  my  lord  Grey,  my  laid 
Russell,  sir  TJiomas  Annstrong,  col.  Riimsty; 
aud  Mr.  Ferguson  came.  Sir  T.  Armstronip 
desired  Aie,  that-  none  of  my  servants  ntifffat 
come  up,  t>ut  they  might  be  private ;  ao  wnai 
they  wanted  I  went  down  foi^  a  bottle  of  win* 
or  so.  The  substance  of  their  discourse  was, 
how  to  surprise  the  kind's  g^uards :  and  in  or- 
der to  that,  the  duke  of  Monmouth,  my  lord 
Grey,  and  su-  Thomse*  Armstrong,  as  I  re* 
member,  went  one  night  to  the  Mews,  or  there* 
'  about,  ta  see  the  king's  guards :  and  the  nex| 
time  they  came  to  my  bouse,  I  heard  sir  T. 
Armstrong  say,  The  guards  were  very  reoriae 
in  their  puces;  and  not  like  soldiers,  and'  th« 
thing  was  feasible,  if  they  had  strength  to  do  it. 

Att.  Gen.  How  many  meetings  had  yov 
there? 

Sheppard,  I  remember  hut  twice.  Sir. 

Att.  Gen.  Did  they  meet  by  chance,  or  had 
you  notice  they  would  be  there  that  night  f 

Sheppard.  Y  es,  I  did  hear  it  before. 

Sol.  Gen.  Who  had  you  notice  would  be 
there? 

Sheppard.  The  duke  of  Monmouth,  my  laid' 
Grey,  my  lord  Russell,  sir  T.  Armstrong,  col. 
Romsey,  and  Mr.  Ferguson. 

Att.  Gen.  Did  they  come  with  their  ooadieSy 
or  a-ibot,  in  the  night-time,  and  in  the  daik  ?- 

Sheppard.  I  cannot  tell ;  it  was  in  the  evsB' 
ing,  idid  not  let  them  in. 

Att  Gen.  Were  there  any  ooachea  at  the 
door? 

Sheppard.  None  that  I  heard,  or  saw,  they 
came  not  altogether,  but  immediately  one  after 
another. 

S&t^.Jeff.  Had  they  any  debate  b^lbre  they 
went  mto  the  room  ? 

Sheppard.  No,  they  went  readily  into  th^ 
robni. 

SeiiJe^  Was  my  lord  RuBseD  both  titts* 
there? 

Sheppard.  Yes,  Sir,  as  I  remember. 

Seg.  Jejf.  Had  vou.  any  particular  bosiBesv. 
with  my  lord  Russdl,  or  he  with  you  ? 

Sheppard.  No,  not  at  that  tiii)e,  but  since  i 
have  had|4dmit  theadairs  of  my  locd8baAe% 
bury. 


<01] 


STATE  TRIALS,  3^  Charles  IT.  l68d.--/ar  High  T)reasan. 


[fio« 


•  8eri*  ^'  Do  yoa  raDfiember  col.  Roaisey, 
al the  first time^  bad  anydiseonne  aboutaoy 
friTtte  bosiiMtt  rekting  to  my  lord  Roisell  ? 

Sheppard,  No,  1  do  oot  remember  iu 

An.  Gen,  Besides  the  seisbff  of  die  guards, 
did  they  discourie  «lx>at  rbbg  If 

Skeppiurd,  I  %>  not  remember  any  farther 
discoiiree,  for  I  weat  several  times  down  to 
fetch  wine,  and  sugar,  atui  nutmegy  and  1  do 
not  know  what  was  said  iu  my  absence. 

Seij.  Jeff.  Do  you  remember  any  writings'  or 
papers  read  at  that  time  ? 

Skeppard.  None  that  I  saw. 

Ser^rjeff.  Or  that  you  heard  of  ? 

Skeppard.  Yes,  now  I  recollect  myself,  I 
do  r»nember  one  paper  was  read. 

Serj.  Jeff'.  To  what  purpose  was  it  ? 

Sh^pard.  It  was  somewhat  in  the  nature  of 
adechratkiA;  it  was  read  bj  Mr.  Ferguson; 
who  was  present  at  the  readmg,  t  cannot  say, 
whether  they  were  all  present  -or  not.  The 
purport  of  it  was  setting  forth  the  grievances 
•f  the  nation,  but  trcQy  what  particuhirs  I 
can^ttell:  It  was  a  pretty  larffe  paper. 

Att.  Gen.  But  can  you  tell  me  effect  of  it, 
when  was  thatto  be  set  out  ? 

Sheppardn  It  was  not  discoursed,  it  was 
•hewn  only,  1  suppose  for  approbation. 

AtU  Gen,  Who  was  it  shewed  to  ? 

SAeppard.  Sir  Thomas  Armstrong. 

Sery.Jc^  Who  else? 

Sbeppard.  As  I  remember,  the  ^dvke  was 
present,  and  I  think  coL  Rurosey. 

Col.  Uumscy,  No,  I  was  nob;  it  was  done 
before  I'came. 

8eij.  Jeff".    What  was  the  design  of  that 

paper  ?  Recollect  yourself,  what  was  the  design? 

Skeppard,  The  design  of  that  paper  was  in 

the  nature  of  a  Declaration,  setting  forth  the 

fievances  of  the  nation,  in  order  to  a  rising, 
suppose  by  tiie  purport  of  the  paper  ;   but 
cannot  remember  the  particular  words  of  it. 

■  Foreman  of  the  Jury.  Can  you  say  my  lord 
Russell  was  there,  when  that  Declaration  was 
read,  as  you  call  it  ? 

Skeppard.  I  can't  say  that.  * 

Ait.  Gen.  But  he  was  there,  when  he  talked 
of  seiadng  the  guards  ? 

Skeppard.  l^,mylord  was  there  then. 

Ld.  jRusseli.  Pray  Mr.  Sheppard,  do  you  re- 
nomber  thetime  when  these  meetbgs  were  ? 

Skeppard,  I  can't  be  positive  as  to  the  time, 
i  remember  it  was  at  the  time  mv  lord  Shaf- 
tasbury  was  absent  from  his  own  bouse,  and  he 
ahrented  himself  from  his  own  house  about 
Michaelmas-day,  but  I  cannot  be  positive  as  to 
thetime. 

lid.  Rauell.  I  jieTerwas  but  once  styour 
honse,  'and  there  was  no  such  design  as  I 
-^heard  of.  I  desire  that  3Ir.  Sheppard  may  re- 
A>llect  himself. 

Sheppard.  Indeed,  my  lord,  I  can't  be  po- 
sitive m' the  times.  My  lord,  I  am  sure,  was  at 
one  meeting. 

L.  C.  J.  ButAVas  he  at  both  ? 

Sheppard.  I  think  so ;  but  it  was  eight  or 
nine  months  ago,  and  I  can't  be  positive. 


Ui  Rtutell.  I  can  pro^e  I  was  then  in  the 
country.  Col.  Rnmsey  said  there  was  but  one 
meetn^. 

Col.  Rvnuey.  I  do  not  remember  I  was  at 
two ;  if  I  was  not,  I  heard  Mr.  Ferguson  re- 
late the  debates  of  the  other  meeting  to  my  loid 
ShaAesbury. 

Ld.  BMtsel.  Is  it  usual  for  the  -witnesses  to 
hear  one  another  ?  ^ 

X.  C.  J.  I  think  your  lordship  need  not  con-  ^ 
cem  yourself  about  that;  fori  see  the  wit- 
nesses are  brought  in  one  after  another. 

Ld.  Russell.  There  was  no  design. 

Seij.  Jeff".  He  hilth  sworn  it. 

Att.  €fen.*  Swear  my  lord  Howard.  [Which 
was  done.]  Pray,  will  your  Idrdship  give  an 
ajQ^unt  to  thecoort,  what  you  know  of  a 
rising  designed  before  my  lord  Shaftesburt- 
went  away,  and  afterwards  how  it  was  conti- 
nued on. 

Lord  Hoaar4*  My  lord,  I  appedr  with  some 
confusibn.  Let  no  man  wonder,  that  it  is  ^ 
troublesome  to  me.  My  lord,  as  to  the  'que^ 
tion  Mr.  Attorney  puts  to  me,  this  is  the  ac- 
count I  hare  togiTe :  It  is  very  well  known  to 
every  onej  how  great  a  ferment  was  made  iu 
the  city,  upon  occasion  of  the  long  dispute 
about  the  election  of  sherifi^ ;  and  this  soon 
produced  a  greater  fteedom  and  liberty  of 
speech  one  with  another,  than  perhaps  had 
been  used  formerly,  though  not  without  some 
previous  preparations  and  dispositions  made  to 
the  same  thing.  Upon  this  occasion,  among 
others,  I  was  acquainted  with  captain  Walcot* 
a  person  that  hadbeen  some  months  in  "Eng- 
land,  being  retiuned  out  Of  Ireland,  find  who 
indeed  I  had  not  seen  for  eleven  years  before. 
Bat  he  came  to  me  as  soon  as  he  came  out  of 
Ireland,  and  when  these  unhappy  divisions 
came,  he  made  rery  frequent  applications  to 
me ;  and  though  he  was  unknown  himself,  yet 
being  brought  by  me,  he  soon  gained  a  confi- 
dence with  my  lord  Shaftesbury,  and  fix>m  hSm 
derired  it  to  others.  When  this  unhappy  rent 
and  division  of  mind  was,  he  having  before 
got  himself  acquainted  with  many  persons  of 
the  city,  had  entered  into  such  oounseb  with 
them,  as  aftierwards  had  the  effect,  whicb  in 
the  ensuing  narrative  I  shall  retste  to  your 
lordship.  He  came  to  tne,  and  told  me,  that 
they  were  now  sensible  all  they  had  was  going, 
that  this  ftnxe  put  upon  them— 

L.  C  J.  Pray  my  lord,  raise  your  voioe». 
else  your  evidence  wdl  pass  for  nothing. 
One  of  the  Jury.  We  cannot  hear,  my  lord. 
Lonl  Howard.  There  b  an  unhappy  acci- 
dent happened  that  hath  sunk  my  voice':  I 
was  but  just  now  acquainted  ivith  the  fote  of 
my  lordof  Essex.*    My  lord,  I  say,  he  came  to 

*  It  appears  that  an  impression  of  the  nature 
of  what  m  the  theatre  is  called  *  stsge  effect,^ 
was  produced  by  the  communication  during- 
the  course  of  lord  Russell's  trial,  of  the  cata- 
strophe which  had  just  befallen  tfie  earl  of 
Essex,  and  there  is  some  reasoh  to  believe  that 
the  production  of  that  impression  wi 


60$]  STAT£  TRIALS,  S5  CHAfiLEsIL  l6SS.^TrialofWilHamLardRu8iea,  [604 


me^d  difl  acquaint  me,tbat  the  people  w«re  now 
80  sensible  that  all  their  hiterept  was  going,  by 
that  violence  offered  to  the  city  in  their  elections, 
that  they  were  resolved  to  ta&e  some  course  to 
put  a  stop  to  it,  if  tt  were  possible :  He  told  me 
thei^were  several  consults  and  meetings  of 
persons  about  it,  and  several  persons  had  begun 
to  put  themselves  into  a  disposition'  and  pre- 
paration to  act ;  that  some  had  furnished  them* 
selves  ^vith  yery  good  horses,  and  kept  them  in 
the  most  secret  and  blind  stables  they  bould  $ 
That  diven  bad  intended  it,  and  for  his  own 
part  he  was  resolved  to  imbark  himself  in  it. 
And  having  an  estate  in  Ireland,  he  thought 
to  dispatch  bis  son  thither  (for  he  had  a  good 

«  real  estate,  and  a  great  stock,  how  he  disposed 
of  his  real  estate  I  know  not) ;  but  he  ordered 
his  sun  to  tnm  his  stock  into  money  to  furnish 
him  for  the  occasion :  This  I  take  to  be  about 
August,  his  son  was  sent  away.  Soon  after 
this,  the  son  not  being  yet  returned,  and  I  hav- 
ing several  accounts  trom  him,  wherein  I  found 
the  fermentation  g^rew  higher  and  bieher,  and 
every  d«y  a  nearer  approami  to  action,  I  told  him 
I  had  a  necessity  to  go  into  Essex  to  attend  the 
concerns  of  my  own  estate ;  but  told  him,  bow 
he  might  by  another  naihe  convey  letters  to 
me,  and  gave  him  a  little  cant,  by  which  he 
might  blind  and  disguise  the  matter  he  wrote 
about,  when  I  was  in  the  country.  I  received 
two  or  three  letters  from  him,  that  gave  me  an 

^  account  in  that  disguised  st^yle,  but  such  as  I 
understood,  that  the  negotiation  which  he  had 
with  my  correspondents  was  going  pn,  and  in 
good  condition ;  and  it  was  earnestly  desired  I 
would  come  to  town ;  this  was  the  middle  of  Sep- 
tember.   I,  notwithstanding,  was  willing  to  see 

.  the  result  of  that  great  affair,  upon  which  all 
men's  eyes  were  fixed,  which  was  the  determi- 
nation of  the  sbrivalty  about  that  time.  So  I  or- 
dered it  to  fall  into  town,  and  wont  to  my  own 
house  on  Saturday  night,  which  was  Michael- 
mas-day.^ On  Sunday  he  came  to  me,  and  dined 

and-  warmly  desired  by  lord  Russell's  ene- 
mies. See  in  this  Collection  the  Case  of  Brad  • 
don  and  Speke,  in  the  next  Tear  1684. 
-  It  is  reported  (see  Echard  and  Kennet,)  that 
upon  occasion  of  Essex's  death  king  Char|eB 
the  Second  said  (in  allusion  to  the  fate  of 
Essex's  father  lord  Capel.  See  his  Case, 
vol.  4,  p.  1195,  of  this  Collection.)  «<  My  lord 
of  Essex  needed  not  to  have  despaired  of  mercy, 
for  I  owed  bun  a  life.*'  Of  this  declaration 
that  he  would  have  pardoned  Essex,  Mr.  Fox 
observes,  that  '*  being  made  when  that  noble- 
man was  dead,  and  not  followed  by  any  act 
evinang  its  sincerity,  it  can  surely  obtain  no 
Ciedit  Hom  men  of  sense.  If  he  had  really 
bad  the  intention  he  ought  not  to  have  made  such 
a  declaration,  unless  he  accompanied  itvrith 
«ome  mark  of  kindness  to  the  relations,  or 
with  iome  act  of  mercy  to  the  friends  of  the 
diseased."  See  too,  in  another  Note  to  this 
Case,  Mr.  Fox's  observation  on  Charles  the 
Seooad't  ^yeech,  npon  remittiiig  part  of  the 
judgmant  upon  lord  HqsmU. 

8 


with  me,  and  told  me,  (aftier  a  general  aocoont 
given  roe  of  the  affairs  of  the  tim^)  that  my 
lord  Shafiesbary  was  secreted  and  withdrawn 
from  his  own  bouse  in  Aldersgate-street ;  and 
that  though  he  had  a  family  settle,  and  bad 
absconded  himself  from  them,  and  divers  othetv 
of  his  friends  and  confidents ;  yet  he  did  d^re 
to  speak  with  me,  and  for  that  purpose  sent  him 
to  shew  me  the  way  to   his  lodging:     He 
brought  me  to  a  house  at  the  lower  end  of 
Wood- street,  one  Watson's  house,  and  there 
my  lord  was  alone.    He  told  me  he  could  not 
but  be  sensible,  how  innocent  soever  he  was, 
both  he  and  all  honest  men  were  unsafe,  so 
lontf  as  the  administration  of  iustice  ilras  in 
such  hands  as  would  acconunooate  all  things 
to  the  humour  of  the  court :    That  in  the  sense 
of  this  he  thought  it  but  reasonable  to  provide 
for  bis  own  safety,  by  withdrawing  himself 
from  his  own  house  into  that  retirement :  That 
now  he  had  ripened  ai&irs  to  that  head,  and 
had  things  in  that  preparation,  that  be  did  not 
doubt  but  he  shoidd  be  able,4>y  those  men  that 
would  be  in  readiness  in  London^  to  turn  the 
tide,  and  put  a  stop  to  the  torrent  that  was 
ready  to  overflow.    But  he  did  complain  to  me, 
that  his  design,  and  the  design  of  the  public, 
was  very  much  obstructed  by  the  unhand* 
some  deportment  of  the  duke  of  Monmouth, 
and   my  lord  Russell,  who  had  withdrawn 
themselves  not  only  fh>m  his  assistance,  but 
from  their  own  engageoients  andappointmento  : 
For  when  be  had  got  such  a  formed  force  aa 
he  had  in  London,  and  expected  to  have  it 
answered  by  them  in  the  country,  they  did 
recede  from  it,  and  told  him  they  were  not  in 
a  condition  or  preparation,  in  the  country,  to 
be  concurrent  with  him  at  that  time.    Tma  he 
looked  upon  but  as  an  artificial  excuse,  and  as 
an  instance  of  their  intentions  wholly  to  desert 
him ;  but  notwithstanding  there  was  such  pre- 
paration made  in,  Iiondon,  that  if  they  were 
willing  to  lose  the  honour  of  being  concurrent 
with  mm,  he  was  able  to  do  it  himself,  and  did 
intend  speedily  to  put  it  into  execotion.    I 
asked  bim,  what  forces  he  had  ?  He  said  he 
had  enough.    Says  I,  What  are  you  aasured 
off  Says  lie,  There  is  above  ten  thousand  brisk 
boys  are  ready  to  follow  me,  whenever  I  hold 
up  mv  finger.    Says  I,  How  have  you  me- _ 
thoded  this,  that  they  should  not  be  eruafaed  ?  " 
for  there  will  be  a  great  force  to  oppoae  yoo. 
Yes,  be  answered,  but  th^  would  posseas 
tberaselres  of  the  gates ;  and  these  ten  thousmd 
men,  in  24  hours,  would  be  multiplied  into  five 
times  the  number,  and  be  able  to  make  a  aiUy 
out,  and  possess  themselves  of  Whitehall,  by 
beating  the  Guards.    I  told  him,  this  was  a 
fair  story,  and  I  bad  reason  to  think,  a  mas  of 
his  figure  would  not  undertake  a  Ihinff  that 
might  prove  so  fatal,  unless  it  were  laid  on  a 
foundation  that  might   give  a  prudent  man 
ground  to  hope  it  would  be  successful.    He 
said  be  was  certain  of  it,  but  confessed  it  was 
a  peat  disappointment  that  these  lords  had 
fidled  him.    i  told  him,  I  was  not  provided 
with  an  answer  at  that  time;  that  he  wdl 


»5] 


STATE  TRIALS^  35  Charles  II.  1683.— >r  High  fyeu0ih 


i$06 


fainr  me,  and  knew  ibe  general  frame  and 
beot  cf  my  spirit  Bot  I  told  fain,  I  looked 
upon  it  as  dangeroosy  a^d  ought  to  be  laid 
deep,  and  to  te  my  well  wei^faed  and  con- 
sidered  o£;  and  did  not  think  it  a  thing  fit  to 
be  enteced  upon,  widioat  the  ooncuirence  of 
those  lords:  and.  tberefbre  desired,  before  I 
disoorered  my  own  inclination,  to  dtscomv^ 
with  those  lords.  He  did  consent,  with  much 
ado ; '  but,  says  he,  yon  wilt  find  they  will 
ware  it,  and  give  doubtful  and  deferring  an- 
swers, but  you  will  find  diis  a  truth.  I  went 
to  Moor-Pairk  the  jiext  day,  Where  the  duke 
of  Monmouth  was,  and  told  him  the  great 
eomplwt  my  k>rd  8haftesbur^  had  made,  that 
he  felled  him.  8ays  he,  I  thmk  he  is  mad :  1 
was  so  fiur  from  givii^  htm  any  encoarage- 
meot,  that  I  did  toll  him  from  the  beginning, 
and  so  did  my  lord  RuseeH,  there  was  nothing 
to  be  done  by  us  in  the  country  at  that  time. 
I  did  not  then  own  I  bad  seen 'my  lord,  but 
spake  as  if  this  were  brought  me  by  a  third 
person,  because  he  had  not  given  me  liber^ 
to  tell  them  where  his  lodging  was.  Says  1, 
my  lord,  1  shall  be  able  to  g^ve  a  better  account 
of  this  in  a  day  or  two :  Shall  1  convey  it  to 
my  lord,  that  you  are  willing  \o  give  a  meet- 
ing? Yes,  says  he,  with  all  my  heart.  This 
was  the  Snd,  3rd,  or  4th  of  October.  I  came 
to  town  on  Saturday,  and  was  carried  to  him 
on  Monday ;  and  i  suppose  this  was  Tuesday 
the  3nd  ot  October.  On  Wednesday,  I  think, 
I  went  to  him  again,  (but  it  is  not  rery  ma- 
terial) and  told  him  1  had  been  with  the 
duke  of  Monmouth,  and  given  him  a  punc- 
tual account  of  what  I  bad  from  him ;  and 
the  duke  did  absolutely  disown  any  such 
thing ;  and  told  me,  he  never  did  give  him  any 
encouragement  to  -proceed  that  way,  because 
the  couutries  were  not  in  a  disposition  fbr  action, 
nor  could  be  put  in  readiness  at  that  tune.  Says 
Boy  lord  Shaftesbury,  It  is  false:  they  are 
afraid  to  own  it.  And,  says  he,  I  have  reason 
to  believe,  there  is  some  artificial  bargain  be- 
tween his  lather  and  him,  to  save  one  another : 
fbr  when  I  have  brought  him  to  action,  I  could 
never  get  him  to  put  on,  and  therefore  1  sus- 
pect bim :  and,  says  he,  several  honest  men 
in  the  city  have  puzzled  me,  in  asking 
how  the  diike  of  Monmouth  lived :  says  be, 
Theypozzfedme,  and  I  could  not  answer  the 
question  ;  for  I  know  he  must  have  his  living 
from  the  king  ;  and,  says  he,  we  have  differ- 
ent prospects :  we  are  ror  a  Commonwealth, 
and  ne  hath  no  other  desi^  but  his  own  per- 
•onal  interest,  and  that  will  not  go  down  with 
mv  people  now,  (so  he  called  them)  they  are 
aU  for  a  commonwealth :  and  then,  says  he, 
It  is  to  no  purpose  for  me  to  see  him  ;  it  will 
but  widen  tiie  breach,  and  I  dare  not  trust  him 
to  come  hither.  Says  I,  my  lord,  that's  a 
good  one  indeed !  Dare  not  you  trust  him,  and 
yet  do  you  send  me  to  him  on  this  errand  ? 
Nay,  says  he,  it  is  because  we  have  had  some 
misundarstsndins'  of  late ;  but  I  believe  he  is 
true  enougfh  to  me  interest-.  Says  I,  It  is  a 
ipreat  onhapj^esB  to  take  this  time  to  fail  out, 


and  I  think  it  is  so  great  a  deagn,  that  it 
oug^t  to  be  undertaken  with  dte  g^realest 
strength  and  coalition  ia  the  kingdom.  Says 
he,  my^  friends  are  now  ffone  so  fiir,  that  th^ 
can't  puH  tlieir  toot  back  again  without  going 
further; -for,  says  he,,  it  hath  been  communi- 
cated to  so  many,  that  is  impossible  to  keep  it 
fimn  taking  air,  and  it  must  go  on.  Says  he. 
We  are  not  so  unprovided  as  you  thinL  fi»r ; 
there  are  so  many  men,  that  you  will  find  as 
brisk  men  as  any  in  England.  Besid^  we 
are  to  have  1,000  or  1,500  horse,  that  are  to  be 
drawn  by  insensiUe  parties  into  town,  that  when 
the  insurrection  is,  shall  be  able  to  scour  the 
streets  and  hinder  them  from  forming  theit 
fi»roes  against  us.  My  Lord,  aAer  mat  ia- 
hn^ement  upon  this  head,  and  heads  of  the 
like  nature,  1  told  him  I  would  not  leave  him 
thus,  and  that  nothing  should  satisfy  me,  but  au 
interview  between  him  and  the  lords.  No,  1 
could  not  obtain  it :  but  if  J  would  go  and  tell 
them  what  a  forwardness  he  was  in,  and  that, 
ifthey  would  do  themselves  right,  by  putting 
themselves  upon  correspondent  action  m  their 
respective  places,  and  where  their  interest  lay, 
well ;  otherwise  he  would  go  away  without 
them.  So  I  went  again  to  me  duke  of  Mon- 
mouth, I  spake  to  him  only  (I  pever  spake  to 
my  lond  Russell  then,  only  we  were  together, 
but  I  had  never  come  to  any  close  conjuitction 
of  counsels  in  my  life  with  him  at  that  time^. 
Says  I,  to  the  duke,  *this  man  is  mad,  and  his 
madness  will  prove  fiital  to  us  all ;  he  hath 
been  in  a  iright  by  being  in  the  Tower,  and 
carries  those  fears  about  him  that  cloud  his 
understanding ;  1  think  his  judgment  hath  de* 
sorted  him,  when  he  goes  about  vrith  those 
strange  sanguine  hopes  that  I  can't  see  what 
should  support  him  in  the  ground  of  them. 
Therefore,  says  I,  pray  will  you  ^ve  him' a 
meeting.  God-so,  says  the  duke,  vnth  all  my 
heart,  and  I  desire  nothing  more.  Now  I  told 
him,  I  had  been  wi:h  ray  lord  Shallesbury, 
with  other  inlargemeats  that  I  need  not  trouble 
your  lordship  with  :  well,  says  he.  Pray  ^  to 
him,  and  try  if  it  be  possible  to  get  a  meeting : 
so  I  went  to  him,  and  told  him.  Says  I,  this 
is  a  great  unhappiness,  and  it  seems  to  be  a 
great  absurdity,  tnat  you  are  so  forward  to'  act 
alone  in  such  a  thing  as  this.  Pray,  says  I 
without  any  more  to  do,  since  yOu  have  this 
confidence  to  send  for  me,  let  me  prevail  with 
you  to  meet  {hem,  and  give,  them  an  interview, 
or  else  you  and  1  must  break.  I  will  no  longer 
hold  any  correspondence,  unless  it  be 'so.  Says 
he,  I  tell  yon  they  will  betray  me.  In  short 
he  did  with  mucn  importumty  yield  that  he 
wopid  come  out  the  next  night  in  a  disguise. 
By  this  time  it  was  Saturday,  I  take  it  to  be 
the  sixth  of  October }  an  Almanack  will  settle 
that :  so  the  next  night  being  Sunday,  and  the 
shops  shut,  he  would  come  out  in  a  conceal- 
ment, be  carried  in  a  coach,  and  brought  td 
his  own  house,  which  he  thou^t  then  was 
safest.  I  came  and^avo  the  <mke  of  Mon- 
mouth an  account  oHt ;  the  duke,  I  suppose,, 
conveyed  the  same  understanding  to  my  \qt^ 


607j  STATE  TRIALS,  35  Chablbs  U.  l683.-^7Vui2  of  WHiiamjMrd  BumU,  [6ot 


Ruflsdl;  and^  I  fuppose,  both  would  have' 
been  there  aoeiwrdiiyly,  to  have  given  the  meet- 
ing ;  bat  next  moniiDg  I  A>uod  oolond  Riimaey 
hM  left  a  note  at  mv  house,  jhat  tbe  meettng 
could  not  be  that  (uy.     Then  I  went  %to  the 
duke  of  Monmouth,  and  he  had  had  the  Ac- 
count before,  that  my  lord  Shaftesbury  did  ap- 
prehend hinvself  to  tbe  in  some  danser  in  tlut 
nottse,  and  that  the  apprehension  hai&ccasioned 
him  to  remove ;  but  we  should  1>e  sure  to  hear 
from  him  in  two  or  three  days.     We  took  it  as 
a  waiver,  and  thought  he  did  from  thenoe  in- 
tend to  abscond  himself  Irom  us,  and  it  proved 
so  to  me,  for  from  that  time  I  never  saw  him. 
But  captain -Walcot  came  to  me,  and  told  me, 
that  he  was  withdrawn,  but  it  was  for  fear  his 
lodffing  might  be  discovered,  but  be  did  not 
doubt  but  in  a  week  he  would  let  me  know  where 
his  kMkriDg  was :  but  told  me  within  such  a  time, 
which  1  think  was  eight  or  ten  days,  there  wouU 
be  a  rising ;  and  I  told  the  duk^  of  Monmouth, 
and  I  believe  he  told  my  lord  Russell ;  and  we 
believed  his  frenzy  was  now  grown  to  that 
heiffht,  that  he  would' rise  iomiedtately,  and 
put  nis  deogn  in  execution ;  scvwe  endeavoured 
to  prevent  it.    Upon  which  my  lord  Russell  (L 
was  told)  and  the  duke  of  Monmouth,  did  force 
their  way  to  my  lord  Shaftesbury's,  and  did  per- 
suade him  to  put  off  the  day  of  his  rendezvous. 
I  had  not  this  from  my  lord  Russell,  for  I  had 
not  spoke  a  word  to  him;    but  the  duke  told 
me  mv  lord  Russell  had  been  vn^  him  (I  had 
indeed  an  intimation,  that  he  had  been  with  him ; 
but  the  duke  told  me,  says  he,  I  have  not 
been  with  him,  but  my  lord  Uussell  was,  having 
been  conveyed    by  colonel   Rumsey.     After 
4his  day  w&s  put  off  it  seems  it  was  put  off 
with    this    condition   ftiat  those   lords,    and 
divers   others,   should  be   in   a  i*eadiness  to 
raise  the  country  about  that  day  fortnight, 
or    thereabouts ;    for   there  was    not  am)ve 
a    ibrtniffht's    time   given:    and,    says   the 
duke  of  Monmouth,  we  have  put  i*  off,  but  now 
we  must  be  in  action,  for  there  is  no  holding  it 
off  an3[  longer.    And  says  he,  I  have  been  at 
Wapping  all  night,  ahd  I  never  saw  a  company 
of  bolder  4nd  brisker  fellows  in  my  life  ;  and 
says  he,  I  hive  been  round  the  Tower,  and 
seen  the  avenues  of  it ;  and  I  do  not  think  it 
will  be  hard,  in  a  little  time,  to  possess  ourselves 
of  it :  but,  says  he,  they  are  in  the  vrrong  way, 
yet  we  are  engaged  to  be  ready  for  them  in  a 
Ibrtnight,  and  tberefore,  says  he,  now  we  must 
apply  ourselves  to  H  as  well  as  we  can.    And 
therenpon  I  believe  thev  did  send  into  the 
'  IcountrV ;  and  the  duke  of  Monnoouth  told  me, 
lie  spake  to  Mr.  Trenchard,  who  was  to  take 
particular  care  of  Somersetshire,  vrith  this  cir- 
cumstance :  Says  he,  I  thought  Mr.  Trenchard 
had  been  a  brisker  fellow :  tor  when  I  told  him 
of  it,  he  looked  so  pale,  I  thought  he  would 
have  swooned,  when  I  brought  him  to  the 
Inrink  of  action  \   and  said,  I  pray  go  and  do 
what  you  can  among  your  acquaintance ;  and 
Iruly,  I  thought  it  wV)uld  have  come  then  to 
action.    But  1  went  the  next  day  to  him,  and 
he  said  it  was  iittpossible ;  they  cosM  not  get 
ihe  genilemeiiorthe  country  to  stir  yet. 


Ld.  JRuik/Z.  Hy  loid,  1  think  I  h«ve  very  htfd 
measure,  here  is  a  great  deal  of  evideooe  by. 
hear-say. 

X.  C.  J.  Thi^  is  nothing  against  yon,  I  de- 
clare it  to  the  jury. 

A^t,  Gen.  If  yon  please,  my  lord,  "go  on  in 
the  method  of  thne.  This  is  nothing  against 
you,  but  it's  coming  to  you,  if  your  loraship 
will  have  patience,  I  assure  you. 

Ld.  Howard.   This  is  just  in  tbe  order  it  was 
done.    When  this  was  pot  off,  then  they  were 
in  a  great  hurry ;  and  captain  Wakot  had  been 
several  tunes  with  me,  and  disoouved  of  il. 
But  upon  this  disappointment  they  said,  it 
should  be  the  dishonour  of  Ihe  lords,  that  thev 
were  backward  to  perform  their  parts;  but  still 
they  were  resolved  to  go  on.  •  And  this  hail 
carried  it  to  the  latter  end  of  October.    Aboat 
the  17th  or  18th,  captain  Walcot  came.to  me, 
and  told  me,  now  the^  were  resolved  poaitiveljr 
to  rise,  and  did  beheve,  that  a  smart  patty 
might  perhaps  meet  whh  some  great  men. 
Therenpon  I  told  the  duke  of  it ;  I  met  him  in 
the  street,  and  went  out  of  my  own  coach  into  hia, 
and  told  him,  that  there  was  some  dark  intima* 
tion,  as  if  there  might  be  some  attempt  upoa 
the  kind's  person;  with  that  he  strnck  fcM 
breast  with  a  great  emotion  of  spirit,  and  said. 
God-so,  kill  the  king !  I  will  never  suffer  that. 
Then  he  went  to  the  play-house  to  find  air 
Thomas   Armstron|[,  and  send  him  up  and 
down  the  city  toput  it  off,  as  they  did  fonneriy  ; 
and  it  was  done  with  that  sacoess,  tiiat  we  were 
all  quieted  in  our  minds,  that  at  that  time  no- 
thing would  be  done:  but  upon  the  day  tha 
king  came  from  Newmarket,  we  dineil  toge- 
ther ;  the  duke  of  Monmouth  was  one,  and 
there  we  had  a  notion  conveyed  among  ua, 
that  some  bold  action  should  be  done  that  day  ; 
which  comparing  it  with  the  king's  coming,  wa 
concluded  it  was  designed  upon  me  kimr.    And 
I  remember  my  lord  Grey,  says  he.  By  God, 
if  they  do  attempt  any  such  thing,  it  can't 
fail.     We  were  in  great  anxiety  of  mind,  till 
we  heard  the  king^s  coach  was  come  in,  and 
sir  Thomas  Armstrong  not  being  there,  we  ap- 
prehended that  he  was  to  be  one  of  the  jiaitj 
(for  he  was  not  there).    This  failing,  it  was 
then  next  determined  (which  was  the  last  alarum 
and  news  I  had  of  it)  to  be  done  upon  the  17th 
of  November,  the  anniversary  of  ^peen  Eliza- 
beth ;  and  I  remember  it  by  this  remark  1[ 
made  myself,  that  I  feared  it  had  been  disco- 
vered, because  I  saw  a  proclamation  a  Uttle  be- 
fore, forbidding  public  bonfires  witiioot  leave 
of  my  lord  mayor.    It  made  some  impressionB 
upon  me,  tiiat  I  thought  they  hail  got  an  inti- 
mation of  our  intention,  and  nad  the^efiyre  lor* 
bid  that  meeting.    This  therefore  of  the  17th 
of  November  being  also  disappointed,  afid  my 
lord  Shaftesbury,  being  told  things  weoe  not  ripa 
in  the  country,  took  flitpping  and  got  away  : 
and  from  that  tim^  I  heard  no  more  of  him  ttll 
1  heard  he  was  dead.    Now,  So*,  after  this  #6 
all  b^;an  to  lie  under  the  same  sense  and  approi- 
hensions  that  my  lord  8hafteid»inry  did,  that  wa 
had  gone  fo  far»  and  comipnnicaM  it  to  «^ 


60S}  STATE  TRIALS,  35  Chaklss  U.  ,  l6%S.^ar  B^k  TVeaun.  t<?10 


miiy,  that  h w«s  iiii*f«  t»  niake  a  retreat; 
audi  diis  beto^  oouidered,  it  was  also  oonai- 
'  dered,  that  so  great  an  afiair  as  that  was,  oon- 
aslioff  of  such  infinite  particiilars,  to  be  ma- 
naged with  flo  laiieh  finsness,  and  to  have  so 
many  parts,  it  would  be  necessary,  that  there 
ahmud  be  some  fienoal  ooancil,  that  should 
lake  UBon  them  the  care  of  the  whde.    Upon 
*  these  tlioiights  we  resolfed  to  erect  a  little  Cabal 
among  onnebes,  which  did  consist  df  six  per- 
•ons  ;  and  the  persons  were,  the  dnke  of  Blon- 
moalAi,  IDT  lord  of  Bssex,  my  lord  Bnndl, 
Mr.  Hamnden,  jon.  Algemoone  Sidney,  and 
*niyself. 

Ait,  Gen,  Aboot  what  tiaie  was  this,  when 
you  settled  this  coonefl? 

JLd.  Hewmrd,  It  would  hare  been  proper  for 
me  in  the  next  place  to  tell  yon  that,' and  I  was 
coming  to  it  This  waa  aSout  the  middle  of 
Jan.  last  (as  near  as  I  can  remember^ ;  for 
about  that  time  we  did  meet  at  Mr.  Hambden's 
house. 

Ait,  Gen,   Name  those  that  met 

Ld.  Eomard,  All  the  persons  I  named  beAre ; 
diat  Was  the  duke  of  Monmouth,  my  lord  of 
Eesex,  my  lord'  RosBeU,  ooL  Sidney,  Mr. 
Hambden,  jun.  and  myself.  When  we  met 
there,  it  was  presently  agreed  what  their  proper 
proTiBce  wai,  which  Was  to  have  a  care  of  the 
whole  t  and  therefore  it  was  necessary  some 
general  thin^  should  ftJl  under  our  care  and 
oondoot,  which  cotitd  nht  possibl^ir  be'oonducted 
bjMidiYidinl  personi.  The  things  that  did 
principally  challenga  this  care,  we  thought 
woe  tnesa:  Whether  the  insonrection  was  most 
pn^^  10  be  bcq^ua  in  London,  or  in  the 
country,  or  both  at  one  instant.  This  stood 
m&a  several  difierent  reasons :  It  was  said  in 
the  ceontry ;  and  I  remember  the  duke  of 
Monmouth  insisted  upon  it,  that  it  was  impos- 
■iUe  to  <Wose  a  fomufd,  well-methodized,  and 
flovcmeniorce,  with  a  rabble  hastily  got  toge- 
ther ;  and  tiberefore  whaterer  numbers  could 
be  gathered  in  the  city,  woiild  be  suppressed 
mnuly,  before  they  could  form  themselrcs: 
werefore  it  would  be  better  to  begin  it  at  such 
a  diitsmy  item  the  town,  where  they  mieht 
have  an  opporlonity  of  fondn^  themsefVes,  Ll 
woaU  not  be  sulject  to  the  hke  panic  foar,  as 
in  the  lawn,  where  half  an  hour  would  convey 
the»  news  to  those  finroes  that  in  another  half 
hour  would  be  ready  to  suppress  them. 

Ati,  Gen.  Wils  this  defemuBed  among  you 
all? 

Ld.  Howard,  In  this  manner  that  I  tell 
yotty  why  it  was  necessary  to  be  done  at  some 
leasonaUe  distance  from  the  town.  And  from 
tbenoe  it  waa  hkewise  coqsidered,  that  the 
heiMT  so  remote  from  the  town,  it  would  put 
the  King  imon  this  dilemma,  that  either  the 
king  would  send  his  forces  to  subdue  than, 
evooi;  ifbe  did,  he  must  leare  the  city  naked, 
idio  being  proxim*  dispotitioni  to  action,  it 
waold  give  Acm  occasion  to  rise,  and  come 
npon  the  back  of  the  king's  forces;  if  he  did 
•ot  send,  it  woul4  give  them  time  to  form  theft" 
number,  and  be  better  ordeced. 

IQU  IX. 


Ait,  Gen,  My  lord,  we  dQ  not  desire  all 
your  discourse  and  debates :  what  waa  your 
other  general  thing  ? 

Ld.  Howard.  The  other  was,  What  coqih 
tries  and  towns  were  the  fittest  and  most  dis- 
posed to  action :  and  the  third,  what  arms  were 
necessary  to  be  got,  and  how  to  be  disposed. 
And  a  fourth,  (wnidli  should  have  been  indeed 
first  in  considefUtion)  propounded  by  the  duke 
of  Monmouth,  that  it  would  be  absolutely  ne« 
oessary  to  Iwve  some  common  bank  of  35  or 
30,000/.  to  answer  the  occasions  of  such  all 
undertaking.  Nothing  was  done,  but  these 
things  were  offered  tMn  to  our  consideratioii, 
and  we  were  to  bring  in  our  united  advice  coih 
ceming  them.  But  the  last  and  greatest  wasu 
how  he  might  so  order  it,  as  to  draw  Scotland 
into  a  consent  with  us ;  for  we  thought  it  n^ 
cessary  that  aQ  the  diversidn  should  be  given* 
This  was  the  last  ^ 

Att.  Gen,  Had  you  any  other  meetmga  f 

Ld.  Howard,  We  had,  about  ten  days  afkr 
this,  at  my  lord  Russell's. 

Att,  Gen,  The  same  persons  ? 

Ld.  Howard,  Every  one  of  theaame  persona 
then  meeting.  « 

Att,  Gen,  What  ddiate  had  you  there  f 

Ld.  Howard,  Then  it  was  so  »r,  aa  we  came 
to  a  resolution,  Jhai  some  persons  should  be 
sent  to  my  lord  Argyle,  to  settle  an  understand- 
ing with  him ;  and  that  some  messengem 
should  be  dispatched  into  .Scotland,  that  should 
invite  some  persons  hither,  that  were  judged 
:most  able  to  understand  the  estate  of  ScHrtland, 
and  give  an  account  of  it.  The  persons  agreed 
on  were  sir  John  Cockram,  my  lord  Melvile^ 
and  another  whose  i^me  I  have  since  been 

told  upon  my  description.  Sir Cambel. 

For  thu  purpose  we  md  order  a  person  should 
,  be  thoufi^t  on  that  was  fit — 

Att,  uen.  Do  you  know  who  was  qen^  and 
what  was  done  upon  this  resolution  P 

Ld.  Howard*  i  have  heard  (I  never  saw  him 
in  six  montha  before)  that  Aaron  Smith  was 
aent. 

Att.  Gen,  Who  was  intrusted  to  take  care  of 
that  business? 

Ld.  Howard.  Col.  Sidney.  We  in  discourse 
did  agree  to  refer  it  to  colonel  Sidney  to  have 
the  care  ofsending  a  person. 

Att,  Gen,  Who  acquainted  you  Aaron 
Smith  was  sent? 

Ld.  Howard.  Col.  Sidney  told  me  he  had 
sent  him,  snd  given  him  sixty  guineas  for  his 
journey. 

Att,  Gen,  What  more  meet^i^  had  you  ? 

lA,  Howard,  We  did  then  connder  that  these 
meetings  might  have  occasioned  some  obser- 
vation upon  us,  uid  agreed  not  to  meet  again 
till  the  return  of  that  messenger.  He  was 
gone,  I  believe,  near  a  month  before  we  heard 
any  thing  of  him,  whiah  we  wondered  at  and 
feared  some  miscarriage  ;  but  if  his  letter  had 
misaarried,  it  couM  have  done  no  great  hurt, 
for  it  carried  only  a  kind  of  cant  in  it ;  it 
was  under  the  tfisguiie  of  a  plantation  in  Ca- 
rolina. 

2R 


€iQ  STATE  TRIALS,  35  Charlbs  II.  le^B.-^Tiial  oj  WUKam^dRuuell/lGn 


Att.  Oen.  You  are  sure  my  lord  Russell 
was  tbore  ? 

Ld.  Howard.  Yes,  Sir:  I  wish  I  could  say' 
he  was  not. 

Att.  Gen.  Did  he  sit  there  as  a  cypher  ? 
What  did  my  .lord  say  ? 

Ld.  Howard.  Every  one  knows  my  lord 
Russell  is  a  person  of  great  judgment,  and  not 
rery  lavish  m  discourse. 

8erj.  Jeff.  But  he  did  consent  P 

Ld.  Howard.  We  did  notput  it  to  the  vote, 
but  it  went  without  contradictioD,  and  I  took 
it,  that  all  there  gave  their  consent. 

Sol.  Gen.  The  raising  of  money  you  speak 
of,  was  that  put  into  any  way  P 

Ld.  Howard.  No,  but  every  man  was  to  nut 
tfaemselv^  upon  thinking  of  such  a  way,  that 
jnoney  might  be  collected  witliout  adminis- 

•tering  jealousy- 

Att.  Gen.  Were  there  no  persons  to  under- 
take for  a  fund  P 

Ld.  Howard.  No,  I  think  not  However, 
it  was  but  opinion,  the  tiling  that  was  said  was 
iocctiely,  rather  than  any  Siing  else,  that  my 
lord  of  Essex  had  dealing  in  money,  and  there- 
fore he  was  thought  the  most  propter  person  to 
lake  care  of  those  tbinjgps ;  but  this  was  said 
rather  bvvway  of  mirth,  than  otherwise. 

Att,  Gen.  What  do  you  know  else,  my  lord  P 

Ld.  Hawmrd.  I  was  going  to  tell  you,  I  am 
Aow  «t  a  folk  stop.  For  it  was  tax  weeks  or 
more  before  Smitn's  return,  and  then  dreW  on 
the  time,  that  it  was  neoeawryfor  me  to  go 
into  Essex,  where  I  had  a  small  concern; 
there  I  staid  about  three  weeks ;  when  I  came 
back,  I  was  informed  that  he  was  returned, 
and  sir  John  Cockram  was  also  come  to  town. 

X.  C*  J»  Did  you  meet  ailer  this  P  . 

Ld.  Howard.  No,  my  lord,  I  tell  you.  that  I 
was  forced  to  go  three  weeks  ubon  tne  ac<- 
.  count  of  my  estate,  and  afterwards  I  was  ne- 
oessitatfsd  to  go  to  the  Bath,  where  I  spent  five 
weeks ;  and  the  time  of  coming  from  the 
Bath  to  this  time,  is  ^\e  weeks  more  ;  so  that 
all  this  time  hath  been  a  perfect  parenthesb  to 
me,  and  more  than  this  1  Know  not.* 


■^»iB«a«w 


*  On  aquGStion  as  to  the  admissibility  of 
evidence  of  confidential  communications  (as  to 
which,  see  in  this  Collection  the  Duchess  of 
Kingston's  Case,  a.  p.  177 6J  Jord  Keoyon 
thus  noticed  this  testimony  oi  loi^  Howard  : 
**  If  a'  friend  would  not  reveal  what  was  im- 
parted to  him  in  confidence,  what  is  to  become 
of  many  cases  tven  affecting  life,  e.  g.  Dr. 
Ratcliff's  Case.  And  if  the  privilege  now 
claimed  extended  to  ail  cases  and  persons,  lord 
W.  Russell  died  by  the  hands  of  an  assassin  and 
.not  by  the  hands  of  the  law  ;  for  his  friend 
lord  Howard  was  permitted  to  give  evidence  of 
confidential  conversations  between  them :  all 
good  men^indeed  thought  that  he-sbould  have 
gone  almost  all  lengths  rather  than  have  be- 
trayed that  confidence ;  but  still  if  the  privi- 
lege had  e]Etended  to  such  a  case,  it  was  the 
business  of  the  Court  to  interfere  and  prevent 
the  evidence  being  given«"  See  Wiuon  v, 
9wta]J,  4  T.  Rep.  758,  9. 


L.  C.  J.  My  lord  Russell,  Now,'  if  yoar 
lordship  pleases,  is  the  time  for  you  to  ask  hiia 
any  questions. 

Ld.  Rusteli.  The  most  he  hath  said  of  me, 
my  lord,  is  only  hear-say ;  the  two  times  w« 
met,  it  was  upon  no  formed  design,  only  to 
talk  of  news,  and  talk  of  things  in  general. 

L.  C.  J.  But  I  will  ten  you  what  it  is  he 
testifies,  that  comes  Dearest  vour  lordship,  that 
so  you  may  consider  of  it,  ii  yon  will  asK  any . 
questions.  He  says,  after  my  lord  ShafWa- 
Dury  went  off  ^all  before  is  but  induc^ent,  as 
to  any  thing  tnat  oonceme  your  lordship,  and 
does  not  particularly  touch  you;  alter  Itii 
goinff  away,  he  says)  the  party  concerned  with 
my  tord  Shaftesbury  did  thmk  fit  to  mak* 
choice  of  six  persons  to  carry  on  the  design 
of  an  insurrection  or  rising,  as  he  oaMs  it,  hi 
the  kingdom ;  and  that  to  that  purpose,  choice 
was  made  of  the  duke  of  Monmouth,  my  lord 
of  Essex,  your  lordship,  my  lord  Hovaitf, 
colonel  Sidney,  and  Mr.  Hambdenj 

I^.  Rutseu,  Pray,  my  lord,  not  to  intemipe 
you,  by  what  party  (I  knoir  no  party)  were  . 
they  chosen  P 

Ld.  Howard.  It  is  ver^  true,  we  were  w^ 
chosen  by  oonunnaity,  butdid  erect  ouraelvet 
by  mutual  agreement,  one  with  aoelher,  into 
this  society, 

Ld.  RmsIkU,  We  were  people  that  did  meet 
very  often.  - 

X.  C.  J.  Will  yotv  lordship  please  to  have 
any  other  questions  asked  of  my  lord  Howard  P 

Ld.  Ruuelli'  He  says,  it  was  aformed  desigv, 
when  we  met  about  no  such  thing. 

JL  €.  J.  Be  says,  that  yoa  did  consult 
amons:  yourselves,  about  the  raiskig  of  men, 
and  where  therieing  should  be  firsts  whether 
in  the  city  of  Looim,  orhh^  more  foretgn 
parts,  that  you  hadeeveral  delitas  cooccpihig 
it ;  he  does  make  meuliOD  ef  eOM ^f  the  dnka 
of  Monmouth's  argoments^for  ittflkiDg  formed 
U)  places  from  die  city ;  he  says,  you  did  all 
agree,  n^  to  do  any  thing  further  hi  it,  till  yoo 
had  oonsideied  how  to  raise  money  aiidaxma : 
and  to  engage  the  kingdom  of  Scotland  in  this 
business  with  you,  .that  it  was  agreed  among 
yon  that  amessengvr  should  be  sent  into  the  . 
kingdom  of  Scotland.  Thus  fhr  he  gees  upon 
his  own  knowledge,  as  he  saith ;  what  he 
says  after,  of  sendmg  a  messenger,  is  by  report 
only. 

Att.  Gen.  I  beg  your  pardon,  my  kird. 

L.  C.  J.  It  is  so,  that  which  he  heard  con- 
cerning the  sending  of  Aaron  Smith. 

Att.  Gen.  Will  you  ask  him  any  qioeatiiimsP 

Ld.  RutulL  We  met,  but  there  was  no  de- 
bate of  any  such  thing,  nor  puttbg  any  thing  in 
method.  But  my  lord  Howard  is  a  man  that  hath 
a  vohiUe  tonnie,  talks  very  wdl,  and  is  foil  of 
discourse,  and  we  were  delighted  to  hear  Ikhn. 

Att.  Gen.  I  think  yoor  lordship  did  mentioB 
the  Cambdls  P 

Ld.  Howard.  I  did  stammer  it  oat»  but  not 
without  a  parenthesis,  it  was  a  person  of  tiw 
alliance,  and  I  thooght  of  the  same  of  the 
Argyles. 


613]  STATE  TRIALS,  35  Ohailb^  U.  .  l£a3.-/«r  High  Irtatan.         16U 

Ld.  EuneU.  I  desire  your  lordship  to  take  X.  C.  J.  WTy  knd  Russell,  the  king'«  <»nii- 
DOtiee,  that  none  of  these  oiea  I  ever  saw  ;  sel  do  think  to  i«st  upon  this^  evidence  that 
my  lord  Melvjlei  have  seen,  but  not  npon  this    they  have  given  agaicst  your  lordship.      I 


account 

Mr.  Atterhury  sworn. 

An.  Gen.  Aaron  Smith  did  go,  «nd  Cam- 
bell  be  went  for,  ii  here  taken.  This  is  the 
messenger.  Pray,  what  do  yoalmowof  the 
apprehending  of  the  Cambelk  ? 

Atterimty.  If  it  please  vour  lordship,  I  did 
n0t  appreUend  sir  Hugh  Cambell  mysdi;  bat 
he  is  now  in  my  custody ;  he  was  making  his 
escape  mitofia  woodoionger's  house,  both  he 
and  bis  son. 

Ait.  Gen.  How  long  did  he  own  he  had 
beep  ai  London  ? 

Atterhury.  Four  days,  and  that  in  that  time 
be  had  been  at  their  lud^ngs ;  and  that  be 
and  his  son^  and  one  Bailey,  came  to  town 
together. 

Att.  Gen.  My,  lord,  we  shall  besides  this 
(now  we  have  fixed  this  up(m  my  lord)  give 
you  an  account,  that  these  persons,  that  were 
to  rise,  always  took  them  as  their  pay-masters, 
and  expected  their  assistance.  Mr.  West,  Mr. 
Keding,  and  Mr.  Leigh. 

Mr.  Wett^  sworn. 

Att  Gen.  That  which  I  call  you  to,  is  to 
knew  whether  or  no,  in  your  managery  of  this 
Pkit,  you  understood  any  of  the  lords  were 
concerned,  and  which  ? 

Mr.  West.  My  lord,  as  ia  my  lord  Russell,  I 
never  bad  any  conversation  with  him  at  all,  but, 
that  I  have  heard  this,  that  in  the, insurrection 
in  November,  Mr.  Ferguson,  and  colonel 
Bumsey.,  did  tell  me,  that  my  lord  Russell  in- 
tended to  go  down  and  take  his  post  in  the 
West,  when  Mr.  Trenchard  had  failed  them. 

L.  C.  J.  What  is  this  ? 

Att.  Gen.  We  have  proved  my  lord  privy 
to  the  consults  ;  now  we  go  about  to  prove  the 
nnder-actors  did  know  it. 

West*  Thev  ilways  said,.  mV  lord  Russell 
was  the  man  they  most  depended  u|K)n,  because 
he  was  a  pecson  looked  upon  as  of  great  so- 
briety. 

Ld.  "Ruisell.  Can  I  hinder  people  from  mak- 
ing nse  of  jny  name  ?  To  have  this  brought  to 
influence  the  gentlemen  of  the  jury,  and 
inflame  them  against  me,  is  hard. 

X.  C.  J.  As  to  this,  the  giving  evidence  by 
hear-say,  will  not  be  evidence  ;  what  colonel 
Rumsey  or  Mr.  Ferguson  told  Mr.  West,  Is  no 
evidience. 

Att.  Gen.  It  is  not  evidence  to  convict  a 
man,  \£  there  were  not  plain  evidence  before ; 
but  it  pbunly  confirms  what  the  other  swean  : 
hut  I  think  we  need  no  more. 

Seij.  Jeff.  We  have  evidence  without  it,  and 
win  not  use  any  thing  of  garniture ;  we  will 
leave  it  aa  it  is,  we  won't  trouUe  your  lord^ip 
any  further.  I  think,  Mr.  Attorney,  we  have 
done  with  onr  evidence. 

*  8ee  what  Burnet  says  of  this  maii>  at 
^,  i^  #f  Ibia  Tohitt«. 


would  nut  your  lordship  in  mind  of  those 
tilings  that  are  material  in  this  case,  and  prov* 
ed  against  your  lordship.  Here  is  colonel 
Rumsev  does  prave  against  your  .lordship 
this,  That  he  was  sent  u^n  an  ei-rand,  which 
in  truth  was  traiterous;  it  was  a  traiterous  er- 
rand sent  from  my  lord  Sbaftes'^ury  by  lum  to 
that  meeting.  He  does  swear  your  lordsliip 
was  at  that  meeting:  and  he  delivered  his  er- 
rand to  them,  which  was  to  know,  what  ac- 
count could  be^ven  concerning  theclesign  of 
the  insurrection  at  Taunton  ;  and  he  says,  your 
lordship  being  there,  tliis  return  was  made, 
that  Mr.  Trenchard  had  failed  them  in  his  un- 
dertaking in  the  business,  and  therefore  my 
lord  Shaftesbury  must  be  contented,  and  sit 
down  satisfied  as  to  that  time.  Mr.  Sheppard 
does  likewise  speak  of  the  same  time,  that 
your  lordship  was  there  with  the  rest  of  the 
persons,  the  duke  and  others ;  that  there  was  a 
discourse  concerning;  an  insurrection  to  have 
been  n^ide  (though  he  is  not  .so  particular,  as 
to  the  very  notion  of  it ;  as  colonel  Rumsey  is); 
as  to  the  time  they  do  agree. 

Ld.  Russell.  Col.  Rumsey  is  not  positive  that 
I  said  or  heard  any  thing. 
'  L.  C.  J.   My  lord,  it  ^roo  will  have  a  little 
patience  to  hear  me,  I  will  tell  you  what  it  is 
presses  you ;  there  is  this  which  I  have  men- 
tioned; and  Mr.  Sheppard  does  say,  there  was. 
a  paper  purporting  a  declaration  then   read 
among  the  company  there,  which  was  to  be 
printed  upon  the  rising,  setting  forth  the  op- 
pressions and  grievances  of  the  nation  ;  and 
then  my  Iprd  Howard  (after  a  great  discourse 
concerning  the  many   designs  of    my   lortf 
Shaf^shury)  comes  particularly  to  your  lord 
ship,  anA  says,  that  six  of  you,  as  a  choset 
council    among    yourselves,    (not   that  yoi 
were  actually  chosen,  hut  as  a  chosen  coun- 
cil among  youradves)  did  undertake  to  ma- 
nage the  great  matter  of  the  insurrection,  and 
raising  of  men,  in  order  to  surprise  the  lung's 
guar£,  and  for  to  rise  (which   is  a   rebel- 
Bon  in  the  nation).    He  says,  that  you  had 
several  consults  concerning  it.    I  told  you  the 
sieveral  particulars  of  those  consults  he  men- 
tioned :  now  it  is  fit  for  your  lordship,  and  it  is 
your  time,  to  give  some  answer  tb  these  tilings. 

Ld.  Russell.  My  lord,  I  cannot  hut  think 
myself  mighty  unfortunate,  to  stand  here  charg- 
ed witli  so  high  and  heinous  a  crime,  and  that 
intricated  and  intermixed  with  the  treasons  and 
horrid  practices  and  speeches  of  other  people, 
the  king^s  counsel  taking  all  advanta^esj  and  • 
improving  and  heightening  things  against  me. 
I  am-  no  lawyer,  a  very  unready  speaker,  and 
ahogeiher  a  stran^^r  to  things  of  this  nature, 
and  alone,  and  without  counsel.  Truly,  my 
lord,  I  am  Very  sensible,  I  am  not  so  provided 
to  make  my  just  defence,  as  otherwise  I  should 
do.  But,  my  lord,  you  are  equal,  and  the 
gentlemen  of  the  jury,  I  think,  are  men  of 
cpnsciencei  i  tiiey  are  'strangers  to  me,  and  I 


•    >> 


^  >  • 


«1S]  STA'^THIALB,  SSCharlssU.  iGBS^Tiiat  ^  WUlimm  Lori  RusiM,  t£l6 


hope  they  Taliie  innocent  blood,  and  will  con- 
sider the  witnemea  that  swear  against  me, 
«wearto  savetheir  own  Irres}  for  howsoerer  legal 
witnessed  (hey  may  be  aocoanted,  they  can't 
be  credible.    And  for  col.  Rnmsey,  who  it  is 
notoriously  known  hath  been  so  highly  ob-' 
\  liged  by  tne  king,  and  the  duke,  ibr  him  to  be 
capable  of  such  a  dengn  of  murdering  the 
king,  I  think  nobody  will  wonder,  if  to  save 
his  own  life,  he  will  endearour  to  take  away 
mine ;  neither  does  he  swear  enough  to  do  it; 
and  then  if  he  did,  the  time,  by  the  13th  of 
this  king,  is  elapsed',  it  must  be,  as  I  under- 
stand by  the  law,  prosecuted  within  six  months ; 
and  by  the  25  £.  3,  a  design  of  levying  war  is 
DO  treason,  unless  by  some  oyert-act  it  appear. 
And,  my  lord,  I  desire  to  know,  what  statute  I 
am  t9  be  tried  upon ;  for  generals,  I  think,  are 
not  to  be  fi^one  upon  in  these  cases. 

jL.  C,J.  (To  the  Attorney  General.)  Mr. 
Attorney,  yon  hear  what  it  is  my  lord  objects 
to  this  evidence ;  he  says,  that  as  to  those  wit- 
nesses that  testify  any  thing  concerning  him, 
above  six  months  before  he  was  prosecuted,  he 
conceives  the  act  of  parliament,  upon  which  he 
takes  himself  to  be  indicUsd,  does  not  extend  to 
it ;  for  that  says,  that  within  six  months  there 
ought  to  have  been  a  prosecution ;  and  my  lord 
tells  jou,  that  he  is  advised,  that  a  design  of 
levymg  wlsir,  without  actual  levying  of  war, 
was  not  treason  before  that  statute. 

Att,  Gen.  To  satisfy  my  lord  he  is  not  in- 
dicted upon  that  statute,  we  go  upon  the  25 
£.  3.  But  then  for  the  next  objection,  surely 
my  lord  is  informed  wron^.  I'o  raise  a  re- 
bellion, or  a  conspiracy,  within  the  kingdom, 
is  not  that  which  is  called  levymg  of  war  in 
that  statute,  but  to  raise  a  number  of  men,  to 
break  prisons.  Sec.  which  is  not  so  directly 
'  tending  against  the  life  of  the  king.  To  pre- 
pare forces  to  fight  against  the  kiner,  that  is  a 
juesign,  within  that  statute,  to  kill  the  kinff ; 
mnd  to  defflgp  to  fJepose  the  king,  to  imprison  the 
king,  to  raise  the  subjects  against  the  king, 
these  have  been  settled  by  several  resolutions 
to  be  within  that  statute,  and  evidences  of  a  de- 
sign of  killine  the  king. 

Ld.  Russeu,  My  lord^  this  is  a  matter  oflaw ; 
neither  was  there  but  one  meeting  at  Mr. 
Sheppard's  house. 

Ati.  Gen.  My  lord,  if  you  admit  the  fact, 
and  will  rest  upon  the  point  oflaw,  I  am  i^ady 
to  argrue  it  with  any  of  your  counsel.  I  will 
acquaint  yonr  lordship  how  ihe  evidence 
stands.  Tnere  is  one  evidence  since  Christmas 
last  - 

Ld.  Kutsell.  That's  not  to  the  business  of 
8heppard*s  house.  My  lord,  one  witness  will 
DO)  convict  a  man  of  treason. 

Att,  Gen,  If  there  be  one  witness  of  one 
set  of  treason,  and  another  of  a  second,  an- 
other of  a  third,  that  manifest  the  same  treason 
to  depose  or  destroy  the  king,  that  will  be  suf- 
usient. 

JL  C.  J.  My  lord,  that  has  been  resolved : 
ibe  two  witnesses  the  statute  requires  are  not 
tb  the  same  individaal  act,  bdt  to  the  same 


treason ;  if  they  be  several  acts  dedathir  the 
same  treason,  and  one  witness  to  each  of  Aeai, 
they  have  been  reckoned  two  witnesses  within 
the  statute  of  Edw.  3. 

Serj.  Jejf:  If  my  tord  wfll  call  his  witpf 

Ld.  lUuieii,  Thisistaddngof  twotrsaiNDS 
together';  here  is  one  in  Vevember  by  one  wit- 
ness, and  then  you  bring  on  another  with  a 
discourse  of  my  lord  Howard,  and  he  says  the 
discourse  nasbed  for  pleasnre. 

X.  C.  J.  If  your  lordship  do  doobt  whstfasr 
the  fact  proved  against  your  lordship  be  treason 
or  not  within  the  statute  of  £.  3,  and  you  are 
contented  that  the  fact  be  taken  as  proved 
against  your  lordship,  and  so  desire  ooimsel 
barely  upon  tiiat,  that  is  matter  of  law,  yon 
shall  have  it  granted. 

Ld.  RuiteU,  I  am  not  knowi|ij|^  in  the  law.  | 
think  a  is  not  proved ;  and  if  it  was,  I  think 
its  not  punishable  by  that  act  I  denra 
counsel  may  be  admitted  upon  so  nine  a  jieint. 
My  life  lies  at  stake;  here's  bat  one  irUness 
that  speaks  of  a  ipessage. 

S./(^.  The  fact  most  be  left  to  the  jnry; 
ire  if  I 


therefbro  B*  my  lord  Russell  hath  any 

to  call  in  opposition  to  these  matters,  let  him. 

L,  C.  J.  My  lord,  there  can  be  no  matter  of 
law,  but  upon  a  fact  admitted  and  stated. 

lA.Rutsell.  My  lord,  I  do  not  think  it  proved : 
I  hope  you  will  be  of  oonnselibr  me  ;  it  is  very 
hard  for  me,  that  my  counsd  may  not  speslk 
for  me  in  a  point  oflaw. 

jL.  C.  /.  My  lord,  to  hear  your  eonnsel 
concerning  ibis  fact,  that  we  cannot  do,  it 
was  never  done,  nor  will  be  done.  If  yonr 
lordship  doubts  whether  this  fact  is  treason  or 
not,  and  desires  your  counsel  may  be  heard  to 
that,  I  wUl  do  it. 

Ld.  RuuelL  I  doubt  in  law,  and  do  not  see  the 
fact  is  proved  upon  me. 

SoL  Gen.  WH  your  k>rdship  please  to  call 
any  witness  to  the  matter  of  fact  P        ' 

Ld.  "RuuelL  It  is  very  hard  a  man  most  lose 
his  life  upon  hear-say.  Cotonel  Rumsey  says 
he  brought  a  message,  which  I  will  swear  I 
never  heard  nor  knew  of.  He  does  not  say  be 
spake  to  me,  or  I  gave  him  any  answer. 
Mr.  8heppard  remenobers  no  such  thing :  he 
was  gone  to  and  again.  Here  is  but  one  wit- 
ness, and  seven  months  ago. 

Att.  Gen.  My  lord,  if  there  be  any  thing 
that  is  law,  you  shall  have  it. 

Ld.  RuMiell.  My  lord,  colonel  Ramsey  the 
other  day  before  the  king,  could  not  say,  tnat  I 
heard  it,  I  was  in  the  room,  but  I  came  in  late, 
they  had  been  there  a  good  while ;  I  did  not 
stay  above  a  quarter  of  an  hour  tasting  sherry 
with  Mr.  Sheppard. 

L,  C.  J.  Read  the  Stetute  of  25  £.  3.  e.  S. 
My  brothers  desire  to  have  it  read. 

CLffCr.  'Whereas  divers  opinions  have 

<  been  before  this  time,  in  what  case  tmson 

<  shall  be  said,  and  ip  What  not :  The  king,  at 

<  the  request  of  the  Lords,  and  of  the  Con* 

<  moos,  hath  made  a  dedaratkm  in  the  naan- 
( ner  as  hereafler  foUoweth :   that  Is  tn  say. 


61 7?  STATE  TRIALS,  35  CHABtBS  U.  ifiSS.— >U»  Bigk  TfrtMim.  £6i  S 


when  m  nan  doth  oompaw  or  ^nagine  tbe 
death  of  our  lord  tbe  king,  or  of  our  lady  his 
queen,  or  of  ^Mir  eldest  son  and  heir;  or  if  a 
man  do  violate  tbe  king's  companion,  or  t)ie 
king's  eldest  daoghter  unmarried,  or  the  wiie 
of  the  king's  eldest  son  and  heir ;  or  if  a  man 
do  levy  war  against  pur  lo>rd  the  king,  in  his 
reabn,  or  be  adherent  to  the  king's  enemies  in 
his  realm,  giving  to  them  aid  and  comfort  in 
the  realm,  or  elseivbere,  and  thereof  be  prov- 
able attainted  of  open  deed  by  people  of  their 
condition :  and  if  a  man  counterfeit  the  king's 
great  or  privy  seal,  or  his  money :  and  if  a 
man  bring  ialse  money  into  this  realm,  coon- 
terfeit  to  the  money  of  England,  as  the. money 
called  Lushbarffb,  or  other  like  to  the  said 
money  of  EngUrnd,  knowing  the  money  to 
be  false,  to  merchandise,  or  make  payment  in 
defecit  of  our  said  lord  the  king,  and  of  his 
people :  and  if  a  man  slea  the  chancellor, 
treasurer,  or  the  king's  justices  of  the  one 
bench  or  tbe  other,  justices  in  eyr^,  or  justices 
of  assize,  and  all  other  jiistices  designed  to 
bear  and.  determine,  bein^  in  their  places 
during  their  offices.  And  it  is  to  be  under- 
stood, that  in  tbe  cases  above  rehearsed,  that 
ought  to  be  judged  treason,  which  extends  to 
our  lord  the  king,  and  his  royal  majesty.' 


X.  €,  /.  My  lord,  that  which  is  urged 
against  you  by  the  king's  counsel,  is  this.  You 
are  accused  by  the  indictment  of  compassang 
and  desDgning  the  king's  death,  and  of  en- 
deavouring to  raise  an  msurrection  in  order  to 
it;  that  t&t  they  do  say  is,  that  these  oonn- 
sela  that  your  lordship  hath  taken,  are  evi- 
dences of  your  compassing  tbe  king's  death, 
and  are  ovei't-acts  declanng  the  same;  and 
upon  that  it  is  they,  insist  your  lordship  to  be 
guihy  within  that  statute. 

lid.  RuitelL  It  is  in  a  point  of  biw,  and  I  de- 
are  counsel. 

Att,  Gen,  Admit  your  consultations,  and  we 
will  hear  them. 

L.  C.  J.  I  would  set  your  lord^ip  right, 
for  probably  you  may  not  apprehend  the  law  in 
this  case ;  if  your  counsel  be  heard,  they  must 
be  heard  to  this,  that  taking  it,  that  my  lord 
Russell  has  consulted  in  this  manner,  lor  the 
raifling  of  forces  within  this  kingdom,  and 
naakii^f  an  insurrection  within  this  kingdom, 
as  colonel  Rumsey  and  my  lord  Howard  have 
depoaed,  whether  then  this  be  treason,  we  can 
hear  your  counsel  to  nothing  else. 

Im.  JRuttell,  I  do  not  know  how  to  answer  it. 
Tile  point  methinks  must  be  quite  otherwise, 
that  uiere  should  be  two  witnesses  to  one  thing 
at  the  -same  time*. 

Att,  Gen.  Your  lordship  remembers,  in  my 
lord  Stafford's  case,  there  was  but  one  witness 
to  one  act  in  England,  and  another  to  another 
in  France. 

■  ■  T  ■■  ■       ■  ■       ■ 

*  See  the  Resolutions  of  the  Judges  in  Lord 
Blafford's  Case,-vol.  7,  p.  15S7,  of  this  Col- 
lection. See,  too»  East's  Pleas  of  the  Crowb, 
c.  3,s.^y64y65. 


Ld.  RusielL  It  was  to  the  same  point 

Att.  Gen,  To  the  general  point,  the  lopping 
point, 

Serj.  JejferieB,  There  was  not  so  much  evi- 
dence against  him,  as  there  is  against  your 
hnrdship. 

L,  C.  J.  My  lord,  if  your  lordship  will  aaj 
any  thing,  or  call  any  witnesses  to  disprove 
what  either  of  these  gentlemen  have  said,  we 
will  hear  your  lordship  what  they  say :  but  if 
you  cannot  contradict  them  by  testimony,  it 
will  be  taken  to  be  a  proof.  And  the  way  you 
have  to  disprove  them,  is  to  call  witnesses,  or 
by  asking  questions,  whereby  it  may  appear  to 
be  untrue. 

Sol.  Gen,  If  yon  have  any  witnesses,  call 
them,  my  lord. 

Ld.  AuselL  I  do  not  think  they  have  proved 
it  But  then  it  appears  by  the  statute,  that 
levying  war  is  treason,  but  a  conspiracy  to  levy 
war  is  no  treason ;  if  nothing  be  done,  it  is  not 
levying  war  within  tbe  statute.  There  must 
be  manifest  proof  of  the  matter  of  fact,  not  by 
inference. 

Att.  Gen>  I  seethat  is  taken  out  of  my  lord 
Coke.  Levying  war  is  a  distinct  branch  of  the 
statute;  and  my  kvd  Coke;  explains  himself  af^r* 
wards,  and  says,  it  is  an  assuming  of  royal 
power,  to  raise  for  particular  purposes. 

Just  Withint.  Unless  matter  of  fact  h^ 
agreed,  we  can  never  come  to  argue  the  law. 

Ld.  Russell.  I  came  in  lafe. 

Sol.  Gen.  Pray,  my  lord,  has  your  lordship 
any  witnesses  to  call  as  tb  this  matter  of  ftct.  _ 

Ld.  BMSsell.  I  can  prove  I  was  out'  of  town 
when  one  of  tbe  meetmgs  was ;  but  VSx.  Shep- 
pard  cannot  recollect  the  day,  for  I  was  out  of 
town  all  that  time.  I  never  was  but  once  at 
Bfr.  Sheppard's,  and  there  was  nothing  under- 
taken of  viewing  the  guards  while  I  was  there. 
Col.  Rumsey^  can  you  swear  positively,  that  I 
heard  the  message,  and  ^ve  any  answer  to  it  ? 

L.  C.  J.  rro  Colonel  Rumsey)  €ir,  did  my 
lord  Russell  hear  you  when  you  delivered  tbe 
message  to  the  company  ?  Were  they  at  the 
table,  or  where  were  they  ? 

Col.  B^msey.  When  I  came  in  they  were 
standing  at  the  fire-side;  but  they  au  came 
from  the  fire  •fide  to  hear  what  I  said. 

Ld.  RusselL  Colonel  Rumsey  was  then 
when  I  came  in. 

Col.  Rumsey.  No,  my  lord.  The  duke  of 
Monmouth,  and  my  lord  Russell,  went  away 
together ;  and  my  lord  Grey,  and  sir  Thomas 
Armstrong. 

Ld.  Rtuseil.  The  duke  of  Monmouth  and  I 
came  together,  and  yon  were  standing  at  the 
chimney  when  I  came  in ;  you  were  there  be- 
fi>re  me.  My  lord  Howard  hath  made  a  long 
narrative  here  of  what  he  knew.  1  do  not 
know  when  be  made  it,  or  ^when  he  did  reool  - 
lect  any  thing ;  "^  but  very  lately,  that  he  did 
declare  and  protest  to  several  people,  that  he 
knew  nothing  against  me,  nor  of  any  Pk>t'  I 
could  in  the  feast  be  questioned  for. 

L.  C.  J.  If  you  will  have  any  witnesses 
called  to  Ukat,  you  shall,  my  lord. 


Cl9]  STATE  TRIALS,  55  Charles  IT.  iSSS.'^Tnalcfiratiam  iMrdRuisell,  [620 

Ld,  Anglesey,  I  have  told  you  what  happened 
in  my  hearing^.  ' 

Then  Mr.  Howard  ttood  ap. 

X.  C  J.  Come,  Mr.  Howard,  what  do  yon 
know? 

Mr.  Howard,  I  must  desire  to  say  some- 
thing of  myself  and  m^r. family  first:  My  lord 
'and! have  been  very  iotimate,  (lot  only  as 
relations,  but  as  dear  friends.  My  lord,  I  have 
been  of  a  family  known  to  Hbve  crcat  respect 
and  duty  for  the  king ;  and  I  thinlc  there  is  no 
tamily  in  the  nation  so  numerous,  that  hath 
expr^sed  greater  loyalty;  upon  which  ac- 
count I  improved  my  interest  in  my  lord  How- 
ard ;  I  endeavoured,  upon  the  great  misunder- . 
standing  of  the  nation,  (if  he  be  here,  he  knows 
it)  to  -persuade  him  to  apply  himself  to  the 
king,  to  serve  him  in  that  great  difficulty  of 
state,  which  is  known  to  all  the  world.  I 
sometimes  found  my  lord  very  forward,  and 
sometimes  I  sotlened  him ;  upon  which  parly, 
and  upon  his  permission,  and  more  upon  my , 
own  inclination  of  du^,  I  made  several  appli- 
cations to  ministers,  of  state,  (and  I  can  name 
tliem)  that  my  lord  Howard  had  a  great  desire 
of  serving  the  king  in  the  best  way  of  satisfac- . 
tion,  ana  particularly  in  the  g^eat  business  of. 
his  brother.  I  wondered  there  should  be  so 
much  sharpness  ibr  It  mattei'  of  opinion^  and  I 
told  my  loitl  so,  and  we  had  several  disputes 
about  it  My  lord,  I  do  say  this  before  I  come 
to  the  thing.  After  this  I  did  partly  by  his 
permission,  and  partly  by  my  own  iocliuatioa 
to  serve  the  king,  because  I  thought  my  lord 
Howard  to  be  a  man  of  parts,  and  saw  him  a 
man  that  had  interest  in  the  nation,  tell  ny 
lord  Feversham,  that  I  had  prevailed  with  a 
relation  of  mine,  that  may  be  he  might  thfnk 
opposite,  that  perhaps  might  serve  the  king  in 
this  great  difficulty^that  is  emergent,  and  par- 
ticularly that  of  his  brother.  My  lord  Fever- 
sham  did  receive  it  very  kindly,  and  I  wrote  a 
letter  to  him  to  let  him  know  how  I  had  sof- 
preaches  tl^ere,*^  and  does^  the  offices  of  the  i  tened  ray  lord,  and  fHat  it  was  my  desire  be 


Ld.  RasselL  My  lord  Anglesey,  and  Mr. 
Edward  Howard. . 

My  Lord  iln^/es^  stood  up. 

L,  C.  J.  My  lord  Russell,  what  do  you  ask 
my  lord  Anglesey  ? 

Lord  Russell.  To  declare  what  my  lord 
Howard  told  him  about  me,  since  I  was  con- 
fined.' 

Ld.  Anelesey*  My  lord,  I  chanced  to  be  in 
'  town  the  last  week ;  and  hearing  my  lord  of 
Bedford  was  in  some  distress  and  trouble  con- 
cerning the  affliction  of  his  son,  I  went  |o  give 
him  a  visit,  being  my  old  aopiaintance,  Of 
some  53  years  standincf,  I  believe ;  lor  my  lord 
and  I  were  bred  togetuer  at  3Iaudlin-College 
in  Oxon ;  I  had  not  been  there  but  a  very  litUe 
while,  and  was  ready  to  go  away  again,  after  I 
had  done  the  goodi  office  I  came  about ;  but 
ny  loid  Howara  came  in,  I  don't  know  whe- 
ther he  be  here. 

tid.  How^d,  Yes,  here  I  am  to  serve  your 
lordship. 

Ld .  Anglesey.  And  sat  down  on  the  other  side 
of  my  lord  ot  Bedford,  and  he  began  to  com- 
fort my  lord ;  and  the  argumentslie  used  for 
his  comfort,  were,  My  lord,  you  are  happy  in 
having  a  wise  son,  and  a  worthy  person,  one 
that  can  never  sure  be  in  such  a  Plot  as  tliis, 
or  suspected  for  it,  and  that  may  give  your 
lordship  reason  to  expect  a  very  good  issue 
concerning  him.  I  know  nothing  against  him, 
or  aov  -boidy  else,  of  such  a  barbarous  design, 
and  therefbre  your  lordship  may  be  comforted 
in  it  I  <lid  not  hear  this  only  from  my  k>rd 
Howard's  month,  but  at  my  own  home  upon 
the  Monllay  after,  for  I  nse  to  go  to  Totteridge 
for  fresh  air ;  I  went  down  on  Saturday,  this 
happened  to  be  on  Friday  (^y  lord  being  here, 
I  am  glad,  for  he  cannot  forget  this  discourse) ; 
and  when  I  came  to  town  en  Mofiday,  I  un- 
derstood that  my  lord  Howard  upon  that  very 
Sunday  hadheen  at  church  with  my  lady  Cha- 
irortb.    My  lady  has  a  chaplain,  it  seems,  thai 


church  ;  but  my  lady  came  to  me  in  the  even- 
ing^   This  I  have  from  my  lady- 

ni 


from 


my 


X.  C.  X  My  lord,  what^ou  nave 
lady  is  no  kind  of  evidence  at  all. 

Ld.  Anglesey,  I  don't  know  what  my  lord  is, 
I  am  acquainted  with  none  of  the  evidence,  nor 
what  bath  been  done :  But  my  lady  C  ha  worth 
came  to  me,  and  acquainted  me,  there  was  some 
suspicion — : 

8eij.  Jefferies.  I  don't  think  it  fit  for  me  to 
interrupt  a  person  of  your  honour,  my  lord, 
but'  your  lordship  knows  in  what  place  we 
stand  here:  >Vhatyoucansay  of  any  thing 
you  heard  of  my  lora  Howard  we  are  willing 
to  hcai*,  but  the  other  is  not  evidence.  As  the 
court  will  not  let  us  offer  hearsays,  so  neither 
must  we  that  are  for  the  king  permit  it*. 


^i^iiM 


*  "  But  the  court  did  let  them  offer  hearsays ; 
Ibr  lord  Howard  went  on  with  hearsay  evi- 
dence, even  after  lord  Russell  complained  of 
it,  p.  608."    Note  in  foitner  Edition. 


rfiould  sp^ak  with  my  lord  at  Oxon.  My  lord 
Feversham  gave  me  a  very  kind  account  when 
he  came  again,  but  he  told  me— — 

L.  C.  /.  Pray  apply  yourself  to  the  matter 
you  are  called  for. 

Mr.  How(trd.  This  it  may  be  is  to  the  mat- 
ter, when  you  have  heard  m^;  for  I  think  I 
know  where  I  am,  and  what  I  am  to  say. 

X.  G.  J.  We  must  desire  you  not  to  go  on 
thus. 

Mr.  Howard.  I  must  satisfy  the  world,  as 
well  as  I  can,  as  to  myself,  and  my  fi^nily,  and 
pray  do  not  interrupt  me.  After  this,  my  lord, 
there  never  iKissed  a  day  for  almost—* 

X.  C.  J.  Pray  speak  to  tfiis  matter. 

Mr.  Howard,  Sir,  I  am  coming  to  it. 

X.  C.  J.  Pray,  Sir,  be  directed  by  the  court. 

Mr.  Howard.  Then  now,  Sir,  I  will  come  to 
the  thin^.  Upon  this  ground  I  had  of  my 
lord's  kmdness,  I  applied  inyself  to  my  lord  in 
this  present  issue,  on  the  breaking  oiA  of  this 
Plot.    My  lord,  I  thought  oertainly,  as  near 


€21} 


STATE  TRIALS,  55  Charles  IL  l68d.— /or  Htg^X  TVeoMm.         ,  [6m 


IS  I  conld  discern  hi'm,-  (for  be  took  it  upon  his 
bonoor,  his  iuitb,  and  as  much  as  if  ne  had 
taken  an  oath  before  a  magistrate)  that  lie 
knew  notbing'  of  any  man  concerned  in  this 
business,  and  particularly  of  my  lord  Russell, 
whom  he  vindieated  with  all  the  honour  in  the 
world.  My  lord,  it  is^true,  was  afraid  of  bis 
own  person,  and  as  a'friend  and  a  relation,  I 
concealed  him  in  my  house,  and  I  did  not  tliink 
it  was  for  sach  a  conspiracy,  but  I  thought  he 
was  unwilling  to  go  to  the 'Tower  for  nothing 
again :  So  that  if  my  lord  Howard  has  the  same 
soul  on  Monday,  that  he  had  on  Sunday,  this 
cannot  be  true,  that  he  swears  against  my  lord 
Uussell.  This  t  say  upon  ray  reputation,  and 
honour ;  and  something  I  could  say  more,  he 
added,  bethought  my  lord  Russell  aid  not  only 
nniustiy  sufler,  but  be  took  God  aiul  men  to 
witness,  he  thought  him  the  worthiest  person  in 
'the  world.  I  am  very  sorry  to  hear  any  man 
of  my  name  should  be  guilty  of  these  thmgs. 

Ld.  RutselL  Call  Dr.  Burnet.  Pray,  Dr. 
Burnet,  did  you  hear  any  thio^  from  my  lord 
Howard,  since  the  Plot  was  discorered,  con- 
cerning me  ? 

Dr.  Burnet.  My  lord  Howard  unh  with  me 
the  night  after  the  Plot  broke  out,  and  be  did 
then,  as  he  had  done  before,  with  bands  and 
eyes  lifted  up  to  heayen,  say  he  knew  nothing 
or  any  Plot,  nor  belieyed  any ;  and  treated  it 
with  scorn  and  contempt 


Ld.  Howard,  My  lord,  may  I 


teff? 

Serf.  Jef,  No,  no,  my  lord,  we  don't  call  you. 

JL  C  J^.  Will  you  please  to  haye  any  other 
witnesses  called  ? 

Ld.  Russell.  There  are  some  persons  of 
•quality,  that  I  have  been  very  well  acquainted 
and  conversed  with,  I  desire  to  know  of  them, 
if  there  was  any  thing  in  my  former  carriage, 
to  make  them 'think  me  like  to  be  guilty  of 
this  ?  My  lord  Cavendish. 

L.  Cavendish,  I  had  the  honour  to  be  ac- 
quainted with  my  lord  Russell  a  long  time.  I 
always  thought  him  a  man  of  great  honour, 
and  too  prudent  and  wary  a  man  to  be  con- 
cerned in  so  vile  and  desperate  a  design  as  this, 
atad  from  which  he  would  receive  so  little  ad- 
vantage :  I  can  say  nothing  more,  but  that  two 
or  three  days  since  the  discovery  of  this  plot, 
upon  discourse  about  colonel  Rumsey,  my  lord 
Russell  did  express  something,  as  it*  he  had  a 
Tery  ill  opinion  of  the  man,  and  therefore  it 
itf  not  likely  he  would  entrust  him  with  such  a 


lord  in  private,  about  these  pubti 
speak  for  my- '  Bat  I  have  always  found  that  ra 


L.  RuttefL  Dr.  'Kllotson.         [He  appears. 

X.  C  /.  What  questions  vrould  you  ask  him, 
my  lord  P 

X.  Russell.  He  and  I  happened  to  be  yery 
conversant.  To  know  whether  he  did  ever  find 
any  thing  tending  to  this  in  my  discourse.* 

*  See  the  admissibility  of  evidence  of  this 
•Oft  considered  in  the  arguments  as  to  the 
admission  of  the  *'  Letter  to  k>rd  Ashbuiton," 
on  the  fourth  day  of  the  Trial  of  Mr.  Home 
Tooke,  A.  D«  1694,  in  this  Collection* 


L:  C,  J.  My  lord  caUsyoalas  to  his  life,  and 
conversation,  and  reputation. 

Dr.  Tilh^on.  My  lord,  I  have  been  many 
years  last  past  acnnainted  with  my  lord  Rus- 
sell, I  always  judged  him  a  person  of  great 
virtue  and  inCerrity,  and  by  all  the  conversation 
and  discourse  1  ever  had  with  him^,  I  always 
took  biro  to  be  a  person  very  far  from  any  such 
wickfd  desis^n  be  stands  cbai^ged  with. 

L.  Russell.  Dr.  Burnet,  if  you  please  to  give 
some  aocoont  of  my  conversion. 

Dr.  Buntet.  My  lord,  I  have  had  the  honour 
to  be  known  to  my  lord  Russell  several  years, 
and  be  bath  declared  himself  with  much  oo^- 
dence  to  me,  and  he  always  upon  all  occasions 
expressed  himself  against  all  risings ;  and  when 
l>e  spoke  of  some  people  that  would  pro- 
voke to  it,  he  expressed  himself  so  determined 
a^nstthat  matter  that  I  think  no  man  could 
do  more. 

L.C.J.    WIN  your  lordship  call  tny  other 
witnesses  ? 
L.  Russell,  Dr.  Cox. 

Dr.  Thomas  Cox  stood  up. 

Dr.  Cor.  My  k>rd,  1  dU  not  expect  to  have 
been  spoken  to  upon  this  account.  Having 
been  very  mnch  With  my  }ot6  of  hrte,  that  is, 
for  a  month  or  six  weeks  before  this  jdot  came 
out,  I  have  had  occasion  to  speak  with  my 
A_    _      M.  ^    _        .m.^  matters: 


,  ray  k>rd  was 

against  all  kind  of  risings,  and  thought  it  tb* 
greatest  folly  and  madness,  till  thmgs  should 
come  in  a  parliamentary  way.  I  have  had 
occasion  often  to  speak  with  my  lord  Russell 
in  private,  and  having  myself  been  against  all 
kind  of  risings,  or  any  thing  that  tended  to  th« 
disorder  of  the  public,  I  have  heard  bun  pro* 
fess  solemnly,  he  thought  it  would  ruin  th« 
best  cause  in  the  world  to  take  any  of  thes^ 
irre^larways  for  the  preservmgof  it;  and 
particularly  m^  lord  hath  expressed  himself 
occasionally  of  these  two  persons,  my  lord 
Howard  and  colonel  Rumsey :  One  of  them, 
^cofenel  Ramsey,  I  saw  once  at  my  lord's 
house,  and  he  offered  to  speak  a  little  private- 
ly. But  mv  lord  told  me  he  knew  him  bnt  a 
little :  I  told  him  he  was  a  valiant  man,  anA 
acted  his  part  va&ntly  in  l^ortogal.  He  said 
he  knew  him  little,  and  that  he  had  notbing 
to  do  with  him,  bnt  in  my  lord  Shaftesbury's 
business:  He  Said,  for  my  lord  Howard,  he 
was  a  man  of  excellent  parts,  of  luxuriant 
parts,  but  he  had  the  luck  not  to  be  mnch 
trusted  by  any  party.    And  I  never  heard  bhn 

say  one  word  of  indecency  or  immodesty  to- 
wards the  king. 

L.  Russell.  I  would  pfay  tfie  duke  of  Somer- 
set to  qpeak  what  he  knows  of  me. 

D.  of  Somerset,  I  have  known  my  lord 
Russell  for  about  two  years,  and  have  had 
much  conversation  with  him,  .and  been  ohea 
in  his  company,  and  never  heard  any  thing 
from  him,  but  what  was  very  honovtablei 
kyyal,  and  just. 

L.  C,  J.    My  lord  doas  say,  thst  he  has 


623]  STATE  TRIALS*  S5CHJkKhESlhl6i3.^^nrUlafWUKamLardRu8$eU,  16U 


known  mv  lord  RuaseH  for  about  tiro  years, 
and  hath  nad  much  oonyersation  with  him,  and 
been  much  in  his  company,  and  never  heard 
any  thinff  from  him,  but  what  was  honourable^ 
and  loyal,  and  just  in  his  life. 

Foreman  of  ilu  Jury.  The  gentlemen  of  the 
jury  desire  to  ask  my  lord  Howard  somethi&g 
upon  the  point  my  lord  Anglesey  testified,  and 
to  know  what  answer  he  makes  to  my  lord  An- 
glesey. 

L.  C.  Baron,  My  lord,,  what  say  you  to  it, 
that  you  told  his  fa&er  he  was  a  discreet  man, 
and  he  needed  not  to  fear  his  engagement  in 
any  such  thing  P 

14.  Howard.  My  lord,  if  I  took  it  right,  my 
k>rd  Anglesey's  testimony  did  branch  iteelf  into 
two  parts,  one  of  his  own  knowledge,  and  the 
oUier  by  hearsay :  as  to  what  he  said  of  his 
own  knowledge,  when  I  waited  upon  ro^  Iwd 
of  Bedford,  and  endeavoured  to  comfort  him, 
concerning  his  son,  I  believe  I  said  the  words 
i|Qiy  lord  Anglesey  has  given  an  account  of,  as 
near  as  I  can  remember,  that  I  looked  upoir  his 
lordship,  as  a  man  of  that  honour,  that  I  hoped 
he  might  be  secure,  that  he  had  not  en- 
tangled himself  in  any  thing  of  that  nature. 
My  lord,  I  can  hardly  be  provoked  to  make 
my  own  defence,  lest  this  noble  lord  should 
suflter,  so  ^villlng  1  am  to  serve  my  lord,  who 
knows  1  cannot  want  affection  for  him.  My 
lord,  1  do  confess  I  did  say  it ;  for  your  lord- 
ship wdl  knows  under  what  circumstances  we 
were:  I  was  at  that  time  to  outiace  the  thing, 
both  for  myself  and  my  party,  and  I  did  not  in- 
tend to  come  into  this  place,  and  fict  this  part. 
God  knows  how  it  is  brought  upon  me,  and  with 
what  unwillingness  I  do  sustain  it;  but  my 
duty  to  God,  the  king,  and  my  country,  re- 
quires it ;  but  I  must  confess  I  am  very  sorry 
to  carry  it  on  thus  lar.  My  lord,  I  do  confess 
I  didsay  so,  and  if  I  had  Ken  to  visit  my  lord 
Pemberton,  I  should  have  said  so.  There  is 
none  of  those  that  know  my  lord  Russell,  but 
would  speak  of  my  lord  Russell,  from  those 
topics  of  honour,  modes^,  and  integrity,  his 
wMe  life  deserves  it.  And  I  most  confess,  I 
did  frequently  say,  there  was  nodiing  of  truth 
in  this,  and  1  wish  this  may  be  for  my  lord's 
advantage.  My  lord,  will  you  spare  me  one 
thing  more,  because  that  leans  hard  upon  myre- 
putation  ;  andif  the  jury  believe  that  I  ought 
^DOt  to  be  believed,  for  I  do  think  the  reli^on  of 
an  oath  is  not  tied  to  a  plaee,  but  receives  its 
obligation  from  the  appeal  we  therein  make  to 
Go<^and,Ithink,if  i  called  God  and  Angels  to 
witness  to  a  falshood,  I  ought  not  tobe  bdieved 
now:  but  I  will  tell  you  aa  to  that;  your  lord- 
ship knows,  that  very  man  that  was  committed, 
was  committed  for  a  design  of  murdering  the 
king  ;  now  I  did  iay  h<m  on  that  part,  fur  I 
was  to  carry  my  knife  dose  between  the 
paring  and  the  apple ;  and  I  did  say,  that 
if  I  were  an  enemy  to  my  lord  Russell,  and 
to  the  duke  of  Monmouth,  and  were  called  to 
be  a  witness,  I  must  have  declared  in  the  pre- 
flenoe  of  Ciod  and  man,  that  I  did  not  believe 
•itlMroftheinhadaDy  dM^  to  murdsr  the 


long.  1  hare  said  this,  because  I  wouM  not 
walk  under  the  character  Of  a  parson,  that 
would  bepeijuredattheexpenoeofso  noble  a 
person's  life,  and  my  own  soul. 

Ld.  RuueiL  MylordClifibni. 

L,  C.  /.  What  do  yon  pleaso  to  ask  my  lord 
Clifford.? 

Ld.  RuMselL  He  bath  known  my  conversa- 
tion for  many  years. 

lA,  Clifford,  I  always  took  my  lord  to  be  a 
very  wortny  honest  man ;  I*  never  saw  any  thing 
in  his  conversation  to  make  me  believe  other- 
wise. 

Ld.  RusMelL  Mr.  Gore. 

Mr.  Luton  Gore.  I  have  been  acquainted 
with  my  lord  several  years,  and  conversed 
much  with  him ;  in  all  the  discourse  I  had  witi| 
him,  T  never  heard  him  let  any  thing  fall,  that 
tended  in  the  least  to  any  rising,  or  any  thing 
like  it ;  I  took  him  to  faie  one  of  the  best  sods, 
one  of  the  best  fathers,  and  one  of  the  best  mas« 
ters,  one  of  the  best  husbands,  one  of  the  best 
friends,  and  one  of  the  best  christians  we  had. 
I  know  of  no  discourse  concerning  this  matter. 

Ld.  Rustell.  Mr.  Spencer,  and  Dr.  Fitz- 
'  Williams. 

Mr.  Spencer.  My  lord,  t  have  known  my 
lord  Russell  many  years,  I  have  been  many 
months  with  him  in  his  boUse ;  I  never  saw  any 
thing  by  him,  but  that  he  was  a  oMist  virtuooa 
and  prudent  gentleman,  and  be  bad  prayers 
constantly  twice  a  day  in  his  house. 

£.  C.  J,  What,  as  to  the  general  conver- 
sation of  his  life  ?  my  lord  asks  you,  whedier  it 
hath  been  sober  P 

Mr.  Spencer.  I  never  saw  any  thing  but  very 
good,  very  prudent,  and  very  virtuous. 

Ld.  RutteU,  What  eompany  did  you  see  used 
to  come  to  me  ? 

Mr.  Spencer.  I  never  -  saw  any  but  bis  near 
relations,  or  his  own  ftmily .  I  have  the  honour 
to  be  related  to  the  family. 

Then  Dr.  Fiix-WilUttnu^  stood  up. 

Ld.  Ruuell.  If  it  please  you,  doctor,  yav 
have  been  at  my  house  several  times,  give  an 
account  of  what  you  know  of  me. 

Dr.  FiU'Wilfiams.  I  have  had  the  know- 
ledge of  my  lord  these  14  yean,  from  the  tim« 
he  was  manied  to  his  present  ladv,  to  wfaooe 
fiither,  eminent  for  k>yaltv,  I  had  a  relatkMi 
bj  service;  I  have  had  acquaintance  with 
hiB  both  at  Stratum,  and  Soutnampton  Build- 
ings ;  and  by  all  the  conversation  1  had  with 
him,  J  esteemed  him  a  man  of  that  virtue,  thajt 
he  could  not  be  guilty  or%ueh  acrimeasthe 

conspiracy  he  stendsdiarged  with. 

'  -  '  — 

*  He  had  been  chaplain  to  the  earl  of  South- 
ampton, the  father  of  Lord  RusaeU's  wife  Lady- 
Rachel.    By  hei  be  was  much  esteemed,  and 
tiiegreater  rart  of  the  published  coUection  of 
Letters  of  Lady  Rachel  Ruasdl,  coaaiits  of 
correspondence  oetween  them.    AfWiP  the  Re- 
volution he  was  deprived  of  his  canonry  of 
Windsor  and  other  praf erment  for  not  taking  tha 
oatba  to  King  WilhiiaaAd  Que^Mary. 


695] 


STATE  TRIALS^  35  Charibs  IL  l6BS,^fir  tS^TktOion. 


[62<f 


X.  C.  /.  M7  lord,  does  your  lordsklp  caU  voj 
more  witneiseB  ? 

•  Ld.  Russell*  No,  my  lord,  i  will  be  very  short. 
I  shall  declare  to  voor  lordship,  that  I  am  one , 
that  hare  always  nad  a  heart  sincerely  loyal 
andafiectionate  to  the  king*,  and  the  govern- 
ment, the  best  govemroent  in  the  world.  1 
pray  as  sincere^  finr  the  kind's  happy  and 
long'  life  as  any  man  alive ;  and  for  me  to  go 
about  to  raise  a  rebeliibn,  which  I  looked  npon 
as  so  widced  and  onpracticable,  is  unlikely. 
Besides,  if  I  had  been  mclinedto  it,  bv  alltne- 
obeerralion  I  made  in  the  country,  there  was 
DO  tendency  to  it  What  some  hot  headed 
people  have  done  there,  h  another  thing.  A 
rebelUoo  cannot  be  made  now  as  it  has  been  in 
formpr  times ;  we  ha:re  few  great  men.*  I 
was  always  for  the  government,  I  never  desired 
any  tbins'  to  he  redressed,  but  in  a  parhamen- 
tary  andfegal  way*  I  have  been  always  aoainst 
innovations,  andf  all  irr^nlarities  whatso- 
ever ;  and  shall  be  lis  long  as  I  live,  whether 
it  be  sooner  or  later.  Qeutlemen,  I  am  now 
in  your  hands  eternally,  my  honour,  my  life,  and 
aU ;  and  I  hope  the  heats  and  animosities  that 
are  amongst  you  will  not  so  bias  you,  as  to 
make  yoo  in  the  least  inclined  to  find  an  inno- 
cent man  goilty .  I  call  to  witness  heaven  and 
earth,  I  never  bad  a  design  against  the  Idng's 
life,  in  my  life,  nor  never  shall  have.  I  think 
there  is  nothing  proved  against  me  at  aff.  I 
am  in  your  1mu&.    God  direct  you. 

Soi,  Gen,  My  lord,  and  you  gentlemen  of 
the  jnry,  the  prisoner  at  the  bar  stands  indicted 
for  high  treason,  in  conspiringthe  death  of  tbe 
kii^.  .  Tbe  overt-act  that  is  laid  to  prove  that 
conspiracy  and  imagination  by,  is  the  assem- 
bhai^  in  council  to  raise  aims  against  the  king, 
and  raise  a  rebellion  here.  We  have  proved 
that  to  you  by  three  witnesses.  I  shall  endea- 
vour as  clearly  as  Pcan,  to  state  the  substance 
of  the  evidence  to  you,  of  every  one  of  them,  as 
they  have  ddireredit. 

The  first  witness,  colonel  Rumsey,  comes, 
and  hetells  you  of  a  message  he  was  sent  of 
to  Mr.  Shei>|ianl's  house  to  my  lord  Rnssell, 
with  seyeral  other  persons,  who  he  was  told 
would  fate  there  assembled  together :  And  the 
message  was  to^  know  what  readiness  they 
werem,  what  resolutions  they  were  come  to 
ooneeming  the  rising  at  Taunton  >*  By  this 
you  do  pereeiTe,  that  this  conspiracy  had  made 
some  progress,  and  wa»  ripe  to  be  put  in  ac- 
tion. My  lord  Shaftesbury,  that  had  been  a  great 
CMitriyer  in  it,  he  had  pursued  it  so  iiur  as  to  be 
ready  to -rise.  This  occasioned  the  message 
from  my  loid  ShoHesburv  to  my  lord  Russdl, 
and  those  noble  persons  that  were  met  at  Mr. 
Sh^ppazd's  house,  to  know  what  the  resolution 
wasconoemingthebanness  of  Taunton,  which 
you  have  beard  explained  by  an  undertaking 
of  Mr.  Trenchard^s :  That  the  answer  was, 
they  were  d^ppointed  there,  and  they  could 
not  then  be  ready,  and  that  my  lord  Shaftesbury 
■       >    I  .  Ill   I  1 1 1     11         I       I'll       "  ■ " 

*  Aocordins^  to  Dahrymple,  **  There  are  now 
no  great menleft in  England.", 
vou  IX. 


most  be  content.  This  messaoe  was  delivered 
in  presence  of  my  lord  Russdl ;  the  messen- 
ger had  notice  my  lord  Russell  was  there ;  the 
answer  was  given  as  from  them  ail,  that  at; 
present  they  could  not  be  ready  because  of  that 
disapponitnaent.'  Cokmel  Rumsey  went  ^r«- 
ther,  and  he  swears  there  was  a  discourse  con- 
ceding the  surprising  of  tbe  guards ;  and  the 
diike  of  Monmouth,  my  lord  Grey,  and  sir 
Thomas  Armstrong  went  to  see  what  posture» 
they  were  in,  wh^er  it  were  feasible  to  sur- 
prise them«  and  they  found  them  very  remiss  ;: 
and  that  account  they  brohgbt  back,  as  is: 
proved  to  ^ou  by  Mr.  Sheppaid  the  other  wit-- 
ness,  that  it  was  a  thing  veiy  feasible.  But  t» 
conclude  with  theisubstence  of  €olonel  Rum« 
sey's  evidence,  he  sa3rs,  my  lord  was  privy  to* 
it,  that  he  had  discourse  among  the  rest  of  it, 
though  my  lord  was  not  a  man  of  so  great  dis- 
course as  the  rest,  and  did  talk  of  a  rising.  He 
told  you  there  was  a  rising  determined  to  be 
on  tbe  19th  of  November  last,  which  is  the 
substance  of  Colonel  Rumsey's  evidence. 

Gentlemen^  the  next  witoess  is  Mr.  Shep- 
pard,  and  his  evidence  was  this :  He  swear» 
that  about  October  last,  Mr.  Ferguson  came 
to  him  of  a  message  from  the  duke  of  Mon- 
mouth, to  let  him  know  that  he  and  some  other 
persons  of  quality  would  be  there  that  night ; 
that  accordingly  they  did  meet,  and  my  Ibid 
Russell  was  were  likewise  ;  that  they  md  de- 
sire to  be  private,  and  his  servants  were  sent 
away;  and  that  he  was  the  man  that  did  at- 
tend them.  He  swears  there  was  a  discourse 
concerning  tbe  way  and  method  to  eeize  the 
guards ;  be  goes  so  far,  as  to  give  an  account 
of  tbe  return  of  the  errand  the  duke  of  Mon- 
mouth, my  lord  Grey,  and  sir  Thomas  Arm- 
strong, went  upon,'  that  it  was  feasible,  if  they 
had  strength  to  do  it-  Then  he  went  a  little 
farther,  and  he  told  you  there  was  a  paper  read 
that  in  his  evidence  does  not  come,  up  to  my 
lord  Russell ;  for  he  did  not  say  my  lord  Rus- 
sel  was  by,  and  1  would  willingly  repeat  no- 
thing but  what  concerns  the  pnsoner.  This 
therefore  colonel  Rumsey,  and  Mr.  Sheppard, 
agree  in,  that  there  was  a  debate  among  them 
how  to  surprise  the  guards,  and  whethei*  that 
was  feasible ;  and  Mr.  Sheppard  is  positive  as. 
to  the  return  made  upon  the  view. . 

The  next  witness  was  my  lord  Howard :  H« 
gives  you  an  account  or  many  things,  and 
many  things  that  he  tdls  you  are  by  hear-say. 
But  I  cannot  but  observe  to  you,  that  all  thw 
hearsay  is  confirmed  by  these  two  positive  wit- 
nesses, and  their  oaths  agree  with  'him  in  it ;. 
for  my  lord  ShaAesbury  told  him  of  the  disap- 
pointment he  had  met  with  from  thes^e  noble 
persons  that  would  not  join  with  him  ;  and 
then  he  went  from  my  lord  Shaftesbury  to  the 
duke  of  Monmouth,  to  expostulate  with  him 
about  it,  (for  my  lord  Shaftesbury  then  was 
ready  to  be  in  action)  and  that  the  duke  said  he 
always  told  him  he  would  not  engage  at  that 
time :  This  thing  is  confirmed  to  you  by  these 
two  witnesses.  Colonel  Rumsey  says,  when, 
he  brought  the  message  from  niy  lord  Sbaf« 

2S 


si?]  STATE  TfllACS^  35  Chaelsb  II.  l69S^HM^WUIimn  L^  Itifiadt  [6fl 


Cesbdry,  tbe  answer  mm^ey  ware  not  ircaAjr, 
my  lord  must  be  contented. 

Nexthegoes  onwilfaada80oiineomitierDiB||^ 
my  lord  s£kfietbinry,  ^thatdkws  not  immedi* 
Atel^reomeuptotbepnmieraitbe'bur,  bat  it 
maDifesto  there  was  a  design  at  that  time)  be 
had  10,000  brisk  boys  (as  be  called  then^ 
ready  to  ^llow  bim  upon  the  hohliDg  up  his 
finger«  But  it  was  thought  not  so  pendent  to 
begin  it,  unless  they  could  join  all  dieir  forces ; 
80VOU  hear  in  this  they  were  disappomted ; 
anil  partly  by  another  accident  too,  my  brd 
Howard  hacf  an  apprehenlion  it  might  he  dia- 
covered ;  that  was  upon  the  proclamation  that 
came  out  forbidding  bonfires,  to  prevent  the 
ordinary  tumults  that  used  to  be  upon  those 
occasions.    Then  my  lord  Howard  ffoes  00, 
and  comes  particularly  to  my  lord  KusseD : 
for  upon  this  disappointment,  you  findi  my 
lordBnaftesbury  thought  fit  to  hie  gone.    But 
aft^r.that,    the  design   was  not  bid  aside; 
for  you  hear,  they  only  told  him  all  along, 
they  could  not  be  ready  at  that  time,  but  the  de- 
sign went  on  still  to  raise  arms,  and  then  they 
took  upon  themselves  to  consult  of  the  me- 
thods of  it ;  and  for  the  carrying  it  on,  with 
the  grater /lecrecy,  they  chose  a  select  coun- 
cU  OT  six,  which  were  the  duke  of  Monmouth, 
my  lord  of  Essex,  mv  lord  Howard,  my  lord, 
Russell,  Mr.  Hambden,  and  colonel  Sidney. 
That*accordingly  they  met  at  Mr.  Hambden's, 
^there  was  their  first  meeting)  and  their  consul- 
tation there  was,  how  the  msurrection  should 
be  made,  whether  first  in  London,  or  whether 
first  in  tfie  country,  or  whether  both  in  Lon- 
don and  in  the  country  at  one  time.    They  had 
some  debates  among  themselves,  that  it  was 
fittest  first  to  be  in  Uie  country ;  forif  Ifaekuig 
should  send  his  guards  down  to  suppress  them, 
then  the  city,  that  was  then  as  well  disposed  to 
rise,  would  be  without  a*  guard,  and  easily  ef- 
fect their  designs  here. 

Tbeir  next  meeting  was  at  my  lord  Russell's 
own  house,  and  there  then:  debates  were  still 
about  the  same  matter,  how  to  get  in  Scotland 
to  their  assistance ;  and  in  order  to  that,  they 
did  intrust  col.  Sidney,  one  of  thdr  council, 
to  send  a  messenger  into  Scotland  for  some 
persons  to  come  hither,  my  lord  Melvile,  sir 
Hugh  Cambell,  and  sur  John  Cockram.  Ac- 
cordingly col.  Sidney  sends  Aaron  Smith  (bat 
this  is  only  what  col.  Sidney  told  my  knrd  af- 
lerwatds,  that  he  had  done  it ;)  but  you  see 
the  fruit  of  it  Accordingly  they  are  come  to 
town  and  sir  Hugh  CamMl  is  taken  by  a  mes- 
senger upon  his  arrival ;  and  he  had  been  but 
four  days  in  town,  and  he  had  changed  his 
lodging  three  times. 

Now,  gentlemen,  this  is  the  substance  of  the 
evidence  that  bath  been  produced  against  my 
lord  Russell.  My  lord  Russell  hath  made  se- 
yeral  objectkms,  that  he  was  accidentally  at 
this  meeting  at  Mr.  Sheppard*s  boose,  and  came 
'•bout  odiCT  business;  but  I  must  observe  to 
yoo,  that  my  lord  Russdi  owned,  that  he  came 
aloog  with  the  duke  of  Monmoutn,  and,  I  think 
he  said,  he  went  iway  wMi  him  too.    You  oh- 


■erve  what  Mr.  Sbeppaid^a  evideiioe  was :  Ifr . 
Ferguson  came  to  teii  him  the  duke  of  Men* 
BMWth  would  oome;  and  accordingly  the  doka 
of  Monmouth  did  oome,  and  brought  bis  compa- 
Dion  along  with  him,  which  was  my  lord  Ras* 
sell  and  cenainly  they  thai  met  upon  so  secrit 
an  afiUirf  would  never  have  btouffht  one  that 
had  not  been  concerned.    Genmmen,  thara 
are  other  dejections  my  lord  hath  made,  and 
those  are  in  noint  of  law ;  hot  before  I  consto 
them,  I  would  observe  what  he  says  to  the  ss^ 
cond  meeting.    My  tord  does  not  deay,  bat 
that  he  did  meet  both  at  Mr.  Hambden's  housa, 
and  my  fcird's  own  ;  I  think  my  lord  said  tbsy 
did  meet  only  to  discourse  of  news ;  and  ny 
lord  Howard  being  a  man  of  excellent  dis* 
course,  they  met  for  his  cooyersation.    Gsa* 
demen,  you  can't  believa  ^at  this  designed 
meeting  was  for  jisthing  ;  in  this  close  secret 
meetmg,  that  they  hadno  oontrvranee  amoog 
them.    You  have  heard  the  witneas,  heswcara 
positively  what  the  conversataon  was,  aid  jwx 
see  the  fruit  of  it,  sir  Hugh  Cambdl's  condog 
to  town^  and  absconding,  when  it  is  discovered. 
Now  my  lord  Russdl  insista  upon  it,  that  sd- 
mittiog  these  fiicto  be  proved  upon  him,  they 
amount  to  no  more  than  to  a  oonspiiw^  toloiy 
war,  and  .that  that  is  not  trvason  within  the 
Statute  of  95  £.  3,  and  if  it  he  only  wHUb 
the  statute  of  the  13  of  this  king,  then  it  ii 
oat  of  time,  that  direoto  the  proaecotion  to  bi 
within  six  months:  The  Uw  is  phiinly  otherwhe. 
The  Statute  of  the  Idth  of  this  kinff  I  will 
not  now  insist  upon,  tkough  I  bc^eveil  that  be 
strictly  looked  into,  the  ciausj)  that  says  tbe 
prosecution  shall  be  within  six  months,  doss  not 
refor  to  treason,  hot  only  to  the  other  ofenees 
that  ve  hi|[hly  pmiishaM^  by  that  Slatele. 
For  thepronso runs  thus : 
'  IS  Cfar.  9.  Pkrovided ahvaya,  tfaatDOMnoD 
be  proseonled  for  any  of  the  oflbnoes  n  this 
act  DMntioned,  other  dian  such  is  srs  nsde 
and  declared  to  be  high  treason,  unlesi  it  be 
by  order  of  the  kii^  miyesty,  his  bears  or 
successors,  under  hn  or  their  mtm  mannii, 
or  by  order  of  the  council  table  6f  hia  mdeily, 
his  heirs  or  successors,  dmected  unto  tbs  at- 
torney general  for  the  tinte  being,  or  some 
other  council  learned'  to  his  m^^esty,  his 
heirs  or  successors,  for  thetimebemg:  Nor 
shall  any  person  or  pensna,  by  virttoe  of  iMa 
present  act,  uicur  any  tha  penalties  berriB 
oeforb  mentioned,  uniess  he  or  they  be  pro- 
secQted  withm  six  months  next  afiierthed^ 
fence  oommittad  and  indicted  thereof  widda 
three  months  aAor  such  prooocation;  any 
thing  herein  contained  to  tire  eootnfy  Mt- 
withstanding.' 
lliis  word  (nor)  is  a  continuation  of  the 
former  sentence,  and  the  exceptkm  of  bigb 
treason  will  go  through  all,  and  exeept  tw 
out  of  the  temponry  limitation  of  troasoa: 
butthis  is  high  treason  irithm  ^1^-^-^ 
conspire  to -levy  war,  is  an  overt-aottotes^ 
thedesiffn  ofthedeathofthe  krag.    Asdflw 
error  of  my  lord  GokBlsidfa  psssttly  lod  vf 
lord  into  thia.  oistahe.    Dot  Ihis,  gaAMH 


GS9)  STATB  TRIALS,  ^5  Ch  aeli*  lU  t6a$«-/ir  Higk  TTnam. 


hath  been  determined ;  it  was  reacdf  ad  by  «U  \ 
the  judges  ia  the  case  of  my  lord  Cobham, 
1  Jac  A  conspinuey  to  levy  war  against  the 
king's  person,  (as  this'  was  a  conspiracy  to 
seise  tfaegiMids)  what  does  that  tend  to  but  to 
seize  the  kiny?  ^nd  that  always  hath  been 
taken  to  be  high  treason.  But  there  are  some 
things  called  levying  of  wai*  m  law,  that 
are  not  so  directly  against  the  king,  as  if  a 
Dmnber  of  men  go  abmit  to  levy  men  to  over- 
throw all  inclosureBy  this  by  the  generality  of 
the  intent,  and  because  of  the  conseouences, 
is  accounted  levying  war  against  the  kmg.  A 
conspiracy  therefore  to  levy  such  a  war,  which 
by  oonstructiott-  only  is  against  the  king,  per- 
baps  that  may  hot  be  suoi  an  overt-act,  as  to. 
teniy  the  imagination  of  the  death  of  the 
king;  but  o(her  oonspirades  to  raise  war 
i^;aunst  the  kin^  have  always  so  been  taken. 
It  is  the  resolution  of  all  the  judges  in  my  lord 
Dyer's  reports,  the  case  of  Br.  Story :  A  oon-^ 
spuracy  to  invite  a  forei^  prince  to  make  an 
nvasion,  though  no  inrasion  follow,  is  an  overt- 
act  to  prove  the  conspiring  the  death  of  the 
king;  and  as  it  has  been  so  taken,  so  it  hath 
been  practised  but  of  late  days.  Jo  the 
King's-bench  I  take  it  the  indiotment  against 
Plonket  that  was  hanged,  he  wasjndicMted  for 
conspiring  against  tbeufe  of  the  king,  at^d  his 
char^  went  no  ftrther  than  for  raising  of  arms, 
and  mviting  the  French  king  in,  and  he  sof- 
feied.  This  is  acknowledged  by  my  lord  Coke ; 
for  he  himself  said  in  the  paragraph  before 
that  out  of  which  this  advice  to  my  lord  Russel 
is  extracted,  that  a  conspiracy  to  invite  a  lb- 
reign  prince  iko  invade  the  kingdom,  is  a  con- 
spiracy against  the  life  of  theltnng.  And  in 
the  next  paragnq»h,  he  says  an  overt-act  of 
one  treason  cannot  be  an  overt-act  of  another 
treaeon.  But  constant  practice  is  against  him 
in  that ;  lor  what  is  more  common  3ian  to  in- 
dict a  ana  Ibr  imagining  the  death  of  the  king, 
and  to  asagn  the  overt^act  ia  a  conspiracy  to 
laise  arms  against  the  king  ?  And  sometimes 
they  go  oii  rad  say.  Did  levy  war  against  the 
Idag*  Now  by  my  lord  Coke's  rale  levying 
vaE|  iialew  the  indictment  be  particular  Ibr 
that,  is  not  an  overt-act  Ibr  the  com|ias8ing  tiie 
death  of  the  king;  but  the  contrary  hath  been 
resolved  by  all  the  judges,  in  the  case  of  sir 
Henry  Vane,  and  it  IS  tae  ooustant  practice  to' 
ky  it  80  in  indictments.  It  would  be  a  strange 
eonstnictiony  if  this  should  not  be  high  treason. 
Ik  is  agreed  by  every  body,  to  take  the  king 
nrisoaer,  to  seize  the  king,  that  is  a  compass- 
Bgof  the  deiUh  of  the%ng;  and  to  sit  in 
eoiuMal  to  conspire  to  effect  that,  that  is  an 
overt^act  of  the  imagination  of  the  death  of 
the  long:, now  no  nan  can  diatinguiBh  this 
case  firmn  Uiat :  and  this  consoltaliQO  amounted 
la  an  this,  far  j^ly  thither  it  tended.  The 
consahotion  was  to  seize  upon  the  king's 
ginrds ;  that  could  have,  no  other  stop  bu4  to 
seize  upon  the  king's  person,  and  brmg  him 
into  Iheir  power.  As  to  the  kUKpg  of  the  kiag« 
I  am  apt  to  think  that  was  beknr  tne  honour  o£ 

thtpwiMriitlbohirft  botthis  wmpiiismr 

9 


[630 

son:  if  they  designed'  only  to  bring  the  king 
into  their  power,  t&il  he  had  consented  to  sudb 
things  as  should  be  moved  in  parUament,  it  ia. 
equally  treason  as  if  they  had  agrrad  directly 
to  assassinate  him.  Therefore  1  think  there  u 
nothing  for  you  to  consider,  but.  ip  see  that  the 
fact  be  fully  jn-oved ;  and  I  see  nothing  that 
bath  been  said  by  my  lord  Russell,  Uiat  doeaT 
invalidate  our  evidence.  He  hath  produced 
several  witnesses,  persoiis  of  honour ;  my  lord 
Anglesey  he  tells  you  of  a  discourse  my  lord 
Howard  had  with  m\  lord  of  Bedford ;  that  h? 
toU  my  lord  of  Bedlord  that  he  needed  not  to 
fear,  for  he  had  a  wise  and  understandipg  son, 
and  could  not  think  he  should  be  guilty  of  any 
such  th^ng  as  was  laid  to  his  charge.  This  la 
brought  to  invalidate  my  lord  Howard's  tes- 
timony. Gentlemen,  do  but  observe,  my  lord 
Howard  was  as  deep  in  as,  any  of  them,  and 
was  not  then  discovered :  is  it  likely,  that  my 
lord  Howard,  that  lay  hid,  should  discover  to 
my  lord  of  Bedford,  that  there  was  a  conspi- 
racy to  raise  arms,  and.  that  he  was  in  it? 
This  would  have  been  an  aspersion  upon  my 
lord  of  Bedford,  that  any  such  thing  should 
have  been  said. 

Mr.  Edward  Howard  is  the  next,  and  be 
proveb.  That  my  k>rd  Howard  used  solemn 
protestations,  that  he  knew  nothing  of  this 
conspiracy.  I  did  observe  Uiat  worthy  gently 
man  in  the  beginning  of  his  discourse  (for  it  was 
pretty  Tong)  said  first,  that  he  had  been  seveand 
times  tempting  my  lord  Howard  to  come  over 
and  be  serviceable  to  the  king ;  and  if  be  knew 
any  thing,  that  he  would  come  and  confess  it 
Why  gentlemen,^  Mr.  Howard,  that  bad  eome 
to  mm  upon  these  errands  formerly,  and  had 
thought  he  had  gained  hiiu,  I  conceive  you  do 
not  wonder  if  my  lord  Howard  did  i«ot  reveal 
himself  to  him,  who  presently  would  bavejdui* 
covered  it,  for  for  that  errand  he  came.  But  if 
my  lord  had  had  a  design  to  have  come  in  and 
saved  his  life,  he  would  have  made  his  submisr 
sion  voluntiirily,  and  made  liis  discovery :  but 
my  lord  tells  nothing  till  he  is  pinched  in  his 
conscience,  and  confounded  with  the  guilt, 
(being  then  in  custody)  and  ^en  hetelb.tb^ 
whole  truth,  that  which  you  have  heard  this 
day. 

Gentlemen,  this  bath  been  all  that  hath  bean 
objected  against  the  witnesses,  except  what  is 
said  by  Dr.  Burnet ;  and,  he  says,  that  mjr 
k>rd  Howard  decUu'cd  to  him,  that  he  believ^ 
there  was  no  Plot,  and  laughed  at  it.  Why, 
gentlemen,  the  Doctor  woiSd  take  it  ilt  to  be 
3iought  a  persoii  fit  to  be  mtrusted  with  the 
discovery  of  this  \  therefore  what  he  said  to 
him  s^fies  nothing,  for  it.  is  no  more  than 
this,  that  he  did  not  discover  it  to  the  Dpctor. 

But  the  last  objection  (which  I  see  there  has 
been  a  great  many  persons  of  honour  and 
quality  c^led  to)  is,  tnat  it  is  not  likely  my 
lord  Russell  should  be  guilty  of  any  thmg  of 
tlus  kind^  being  a  man  of  that  honour,  virtue, 
and  so  httl^  blameable  in  bis  whole  conver- 
sation. I  do  confess,  gentlemen,  tlus  is  a  thing 
thi^iwtbvfighl  iAi(«    Butcoofiid^i  gn  the 


631]  STATE  TRIALS,  35  Charlbs  II.  iS^S.'-TrialofWaiUim  Lord  RutteU,  [659 


'  ot^r  band,  my  lonf  Russell  is  but  a  man^  and 
hath  hffi  human  frailties  about  him.  Men  fall 
by  several  temptations ;  some  out  of  revenge, 
_  ^some  by  mali^,  fall  into  such  offences  as  these 
are :  My  lord  Russell  is  not  of  that  temper, ' 
and  therefore  may-be  these  are  not  the  ingre- 
dients here.  But,  gentlemen,  there  is  another 
great  and  dangerous  temptation  that  attends 
people  in  his  circumstances,   whether  it  be 

Eride  >9r  ambition,  or'  the  cruel  snare  of  popu- 
trity,  being  cried  up  as  a  patron  of  Noerty. 
This  hath  been  a  oangerous  temptation  to 
many,  and  many  persons  of  virtue  have  fallen 
into  It,  and  it  is  the  only  way  to  tempt  persons 
of  virtue,  and  the  devil  knew  it ;  for  -he  that 
tempted  the  pattern  of  virtue,  shewed  him  all 
the  kingdoms  of  the  world,  and   said,  *  All 

*  these  will  I  give  thee,  if  thou  wilt  fall  down, 

*  and  worship  me.'  Though  he  be  a  person 
of  riitue,  yet  it  does  not  milow,  but  his  viitue 
majT  have  some  weak  part  in  htm ;  and  I  am 
afraid,  these  temptations  hare  prevailed  upon 
Bo^'lord  :  for  I  cannot  jfive  myself  any  colour 
ef'^objection,  to  disbelieve  alithese witnesses 
who  give  in  their  testimony.  I  see  no  con- 
tradiction, no  correspondence,  no  contrivance 
at  aH  between  them.  You  have  plain  oaths 
before  you,  and  I  hope  you  will  consider  the 
weight  of  them,  and  the  great  consequence 
that  did  attend  this  case,  the  overthrow  of  the 
best  government  in  the  world,  and  the  best  and 
nooat  unspotted  religion,  which  must  needs 
hare  suffered  ;  the  greatest  liberty,  and  the 
{freatest  secui^ty  for  property,  that  ever  was 
an  any  nation,  bounded  every  way  by  the  rules 
of  law,  and  those  kept  sacred;  I  hope  you 
wiN  consider  the  weigbt  of  diis  evidence,  and 
consider  the  consequences  such  a  conspiracy, 
if  it  had  ti^en  effect,  might  have  had. '  And 
«o^I  leave  it  to  your  conindecatibn  upon  the 
evidence  yon  have  heard. 

Seij.  Jefftriei.  My  lord,  and  you  ffentlemen 
of  the  jury,  this  cau^e  hath  detained  your 
lordsbiji  a  long  time,  by  reason  of  so  many 
witnesses  being  called,  and  the  length  of  the 
^lefence  made  by  the  prisoner  at  the  bar  ;  and 
if  it  liad  not  been  for  the  length,  I  would  not 
,  liave  imured  your  patience  by  saying  any 
^iQg>^  Mr.  Solicitor  having  taken  so  much 
fains  in  it  It  is  a  duty  incumbent  upon  me, 
under  the  circumstances  I  now  stano,  to  see 
af  any  thing  hath  been  omitted,  that  hath  not 
been  oAserved  to  you ;  and  I  shall  detain  you 
with  very  few  words. 

Gentlemen,  you  must  give  me  leave  to  tell 
50U,  it  is  a  case  of  great  consequence,  of  great 
consequence  to  that  noble  person,  tluit  now  is 
at  the  bar,  as  well  as  to .  the  king  ;  for  it  is 
<iot  desired  by  the  king,  nor  by  bis  counsel,  to 
have  von  influenced  in  this  matter  by  any 
thing  but  by  the  truth,  and  what  evidence  yon 
liave  received.  You  are  not  to  be  moved  by 
compassion  or  pity  ;  the  <tath  you  have  taken 
is  to  go  according  to  your  evidence  ;  and  you 
ar»  not  to  be  moved  by  any  insinuations  that 
ATO  offered  by  us  for  tlie  king,  nor  by  any  insi- 
^MiatioDs  hy  the  prisoner  at  the  bar;  but  the 


truth,  according  to  thrtesfimiNiy  given,  must 
be  your  gfuide.^  How  far  'the  law  will  affect 
this  question,  that  we  are  not  to  apply  to  you ; 
for  that  we  are  to  apply  ctarselves  to  tne  Cowt:, 
(they  are  the  judges 'in  point  of  law)  who  will 
take  so  much  care  in  their  direction  to  yon, 
that  you  may  be  very  weH  satiified  you  wiU 
not  easily  be  led  into  error.  For  the  instances 
that  have  been  put,  I  could  put  several  others  ; 
but  I  vrill  take  notice  only  of  one  thing,  that 
that  noble  person  at  the  bar  seems  to  object. 
Gentlemen,  it  is  not  necessary  there  should ' 
be  two  witnesses  to  the  self- same  fact  at  the 
self- same  time  ;  but  if  there  be  two  witnesses 
tendinff  to  the  ^If-same  fact,  though  it  was  at 
severaltimes,  and  upon  several  occasions,  they 
will  be  in  point  of  law  two  witnesses,  which 
are  necessary  to  convict  a  man  for  high  treason. 
Gentlemen,  I  make  no  doubt  this  thing  is 
known  to  you  all,  not  only  by  the  judgment  of 
all  the  judges  in  England,  but  the  judgment 
of  the  lords  in  parliament,  when  1  doubt  not 
the  prisoner  at  the  bar  did  attend  in  the  case  of 
my  lord  Stafford,  wherein  one  witness  gave  an 
account  of  a  conspiracy  in  Euffland,  Tuiber- 
vile  of  another  in  Fiance  ;  ana  by  the  opi- 
nion of  all  my  lords  the  judges  approved  in  par- 
iament,  that  was  enough,  and  he  was  con* 
victed. 

The  question  is,  Whether  we  have  suffi- 
ciently proved  this  matter  ?  Gentlemen,  I 
must  tell  you,  we  rake  no  gaok,  nor  bring  any 
profligate  persons,  persons  that  wanted  faith 
or  cr^it  before  this  time.  I  must  tell  you, 
that  notwithstanding  the  fair  notice  that  hath 
been  given  to  the  prisoner'at  the  bar,  (that  you 
see  he  hath  taken  an  advantage  of  it,  he  hatb 
given  an  account  of  a  private  conversatioBy 
which  my  lord  Howard  had  before  that  noble 
person  (hat  was  witness,  since  he  was  taken) 
ne  has  not  ffiven  you  in  any  proof  hitherto  ; 
nay,  I  say,  he  has  not  pretended  any  thine  in 
the  world:  wheivfbre  you,  ffentlemen,  that 
are  upon  your  oaths,  should  take  it  upon  your 
consciences,  that  two  men,  against  whom  there 
is  no  oljection,  should  come  to  damn  their 
own  souls  to  take  away  the  life  of  this  gco- 
tleman,  when  there  is  no  quarrel,  no  tempta- 
tion, wherefore  these  gentlemen  should  come 
in  the  fisuBe  of  a  court  of  justice,  in  tha  face  of 
such  an  auditory,  without  respect  to  that  infi- 
nite Being,  to  whom  they  appeal  for  confima- 
tion  of  the  truth  of  their  testimony  :  and  if 
they  had  the  faith  of  men  or  Chiistaans,  th^ 
must  necessarily  conclude,  that  if  they  did 
swear  to  take  away  a  man's  life  that  was  rono- 
cent,  God  would  sink  them  down  presently 
into  hell.       '         ^ 

Gentlemen,  in  the  next  place,  I  must  ae- 
ouaint  you,  that  the  first  witness,  colonel 
Rumsey,  it  is  apparent,  that  he  was  takai 
noiiee  of  by  the  prisoner  as  a  man  fit  to  be 
trusted  *,  he  was  engaged  by  my  lord  8haAea- 
bury  :  but,  savs  he,  would  any  man  believe, 
that  that  man  that  had  received  so  many  marks 
of  the  kmg's  favour,  both  in  advantage  to  hk 
estiUe,  his  honour,  aod  person,  could  be 


635] 


STATE  TRIALS,  35  Chables  IT.  iGSS^ar  High  Treason. 


[654 


coiitimii^  sack  ui  helUsh  design  as  this  ? 
Geotlenien^  if  y,oa  ^1  argn^  from  such  un- 
certain  cenjectures,  theo  at)  criminals  will 
come  off.  Who  should  think  that  my  lord  of 
Enex,  who  had  been  adranoed  so  much  in  his 
estate  and  honour,  should  be  guilty  of  such 
desperate  things !  which  bad  he  not  been  con  • 
seious  of,  he  would  scarcely  have  brought 
himself  to  that  untimely^  end,  to  avoid  the 
oMthods  of  public  ju jtio^.'  Colonel  Rumsey 
tells  you,  my  lord  8hallesbury  was  concerned 
in  this  conspiracy.  I  am  sorry  to  find,  that 
there  have  been  so  many  of  the  nobility  of  this 
hmd,  that  have  liyed  so  happily  under  the  be- 
nign iatluence  of  a  gracious  prince,  should 
make  so  iH  returns.  Gentlemen,  I  must  ap- 
peal to  you,  whether  in  your  observation  you 
foond  colonel  Rumsey  to  be  over-hasty,  and 
anover-zealons  witness?  He  did  not  come  as 
if  he  came  in  spite  to  the  prisoner  at  the  bar  ; 
you  found  how  we  were  forced  to  pump  out 
every  thing;  bot  a^ler  he  had  been  pres^ 
over  and  over  again,  then  he  came  to  it :  so 
that  I  Observe  to  you,  that  he  was  an  unwill- 
ing witness. 

Gentlemen,  give  me  leave  to  observe  to  you, 
the  prisoner  at  the  bar,  before  such  time  as 
Mr^  8hephard  came  up  an^  gave  evidence 
against  hub,  says  he,  I  came  only  by  accident, 
only  to  taste  a  parcel  of  wine.  Mr.  Shephard, 
when  he  oomes  op,  he  tells  you,  there  was  no 
SDch  design.  Fergruson,  that  was  the  person 
be  kept  company  with;  the  revei-end  dean, 
and  the  rest  of  the  dergr  of  the  Church  of 
England,  they  were  not  fit  to  be  trusted  with 
it ;  but  this  independent  parson,  Ferguson,  he 
gives  notice  of  me  coming  ofdiese  persons; 
and  in  pursuance  of  this  notice,  they  all  come, 
they  come  late  in  the  evening,  not  in  the  pos- 
ture and  quality  they  used  to  go  ;  for  you  find 
they  had  not  so  much  as  a  coach.  Is  it  prtf- 
baUe  they  came  to  taste  wine  ?  Wherefore  did 
tiiey  go  up  into  a  room  ?  Where&re  did  they 
order  Mr.  Sheppard,  that  none  of  the  bo3rs 
should  come  up,  but  that  the  master  must  fetch 
tfie  sugar  and  wine  himself?  Wherefore  you 
may  perceive  the  action  they  were  upon  ; 
there  were  only  to  be  stich  persons  as  haul  an 
aflection  for  such  a  cause.  You  find,  pursuant 
to  what  colonel  Rumsey  says,  that  there  was  a 
direction  to  take  a  view  of  the  guards,  that  sir 
Thomas  Armstrong  comes  Imdc,  and  makes 
this  report :  says  he,  I  have  taken  notice,  they 
are  ip  such  an  idle  careless  posture,  that  it  is 
not  impossible  to  surprise  them.  This  Mr. 
Sheppard  he  does  not  come,  nor  does  he 
appear  to  yon  to  come  here  ont  of  any  vindic- 
tive humour,  to  do  the  prisoner  at  the  bar 
any  hurt. 

In  the  next  place;  we  have  my  lord  Howard ; 
becomes  and  positively  tells  you,  afier  he  had 
given  an  account,  (for  you  observe  there  were 
two  parts  to  be  acted  in  this  horrid  tragedy ; 
there  was  first  the  scoundrel  sort  of  people 
were  to  bo'eoncerned  to  take  away  the  life  of 
ibe  king  «nd  the  duke,  the  great  persons  were 
io  head  the  parQr  m  the  lisiiig)  they  put  them- 


sel^des  in  proper  postures,  each  5f  tiiem  con- 
senting to  something -of  the  surprize,  inas< 
much  as  you  observe,  that  sir  Thomas  Arm- 
strong, and  some  other  persons,  might  not  be 
tmst^.  They  come  ^nd  resolve  themselves 
out  of  a  general  council,  and  they  meet  in  a 
particular  council  of  six,  looking  upon  them- 
selves as  the  heads  of  the  parhr :  and  I  must 
tell  you,  many  of  them,  (we  live  not  in  an  age 
of  such  obscurity,  but  we  know  diem)  how 
fond  haye  they  been  of  the  applause  of  the  - 
people !  As  that  person  encouraged  himself 
yesterday,  they  were  LiberatoresFatria,  that 
could  murder  the  kin&r  and  the  dulce. 

My  lord,  I  must  take  notice,  that  this  noMe 
lord  IS  known  to  have  an  intimacy  widi  him  ; 
you  observe  with  how  much  tenderness  he  is 
pleased  to  deliver  himself,  how  carefully  be 
reports  the  debates  of  the  particular  consults  of 
the  persons  to  be  intrusted  m  the  management ; 
he  tells  you,  that  noble  lord,  the  prisoner  at  the 
bar,  was  pitched  upon,  and  Algernon  Sidney, 
a  man  fiimous  about  the  town  ;  for  what  ?  To 
call  in  parties  from  some  of  his  majesty's  other 
dominions,  peitons  we  know  ripe  enough  for 
rebellion,  to  assist.  Parsiiantto  this,  you  find 
persons  sent  of  a  message  for  some  to  come 
over,  whereof  some  are  in  hold :  so  that  for  all 
dark  and  obscure  sort  of  matters,  nothing  can 
be  brought  better  to  light,  than  this  of  taking 
an  matters  together,  with  the  concurring  cir- 
cumstances of  time  and  place. 

Gentlemen,  1  must  confess  this  noUe  lord 
hath  given  an  account  by  several  honourable 
persons  of  his  conversation,  which  is  a  very 
easy  matter.  Do  you  think)  if  any  man  had  a 
design  to  raise  a  rebellion  against  the  crown, 
that  ne  would  talk  of  it  to  the  reverend  divines, 
and  the  noble  lords,  that  are  known  to  be  of  in- 
tegrity to  the  crown  f  Do  you  think  the  gen- 
tleman at  the  bar  would  have  so  little  concern 
for  his  own  life,  t6  make  this  discourse  his  or- 
dinary conversation?  No,  it  must  be  a  particular 
consult  of  six,  th&t  must  be  entrusted  with  this. 
I  tell  you,  it  is  not  the  divines^  of  the  church  of 
England,  but  an  independent  divine,  that  is  to 
be  couoemed  in  this ;  they  must  be  persons  of 
their  own  complexion  and  humour :  For  men 
will  apply  themselves  to  proper  ins^uments. 

Gentlemen,  I  would  not  labour  in  this  case ; 
for  fiir  he  it  from  any  man  to  endeayour  to  take 
away  the  life  of  the  innocent !  fuid  whereas  that 
noble  lord  says,  he  hath  a  virtuous  good  lady, 
he  hath  many  children,  he  hath  virtue  and  ho- 
nour he  puts  into  the  scale  ;  Gentlemen,  I 
must  tell  you,  on  the  other  side,  you  have  con- 
sciences, religion ;  you  have  a  prince,  and  a 
merciful  one  too ;  consider  the  life  of  your 
prince,  the  hfe  of  his  posterity,  the  conse- 
quences that  would  have  attended,  if  this  vil- 
jainy  had  taken  effect.  What  vronid  have  be- 
come of  your  lives  and  religion?  What  would 
have  become  of  that  religion  we  have  been  so 
fond  of  preserving  ?  Gentlemen,  I  must  put 
these  things  home  upon  your  consciences.  I 
know  you  will  remember  the  horrid  murder 
of  the  most  pious  priace  the  nuurtyr,  kii^ 


^    I 


t3S]  STATE  TRIALS,  35  Cuaeles  II.  l6ss<T^7iial  of  WiUim  L&rd  RusieU:  [636 


Charles  Uie  first  How  hr  the  pnictices^.of 
those  persons  have  influenced  the  several  pu- 
nishments since,  is  too  great  a  secret  for  me  to 
examine.  But  now  I  say,  you  have  the  life  of 
a  merciful  king,  yon  have  a.  religion,  that  every 
honest  man  oi^t  to  stand  .by,  and  I  am  sure 
every  loyal  man  will  venture  his  life  ^nd  ibr- 

■  tune  for.  You  have  your  wives  and  children. 
Let  not  the  greatness  of  any  man  corrupt  you ; 
but  disdyirge  your  consciences  both  to  God  and 
the  King,  and  toyou^  posterity. 

L.  C  J.  Gentlemen  of  the  jury,  the  prisoner 
at  the  bar  stands  indicted  before  you  at  High- 
treason,  in  compassing  and  designing  the  d^th 
of  the  Idi^,  and  declaring  of  it  by  overt-acts, 
endeavoonng  toiiiise  insurrections,  and  popular 
commotions,  in  the  kingdom  here.  To  this  he 
hath  pleaded,  Not  Giultv.  You  have  heard 
the  evidence,  that  hath  been  against  him ;  it 
hath  been  at  large  repeated  by  the  kind's  coun- 
sel, which  will  take  off  a  great  deu  of  my 
trouble  in  repeating  it  to  you  again.    I  know 

'  ypu  cannot  but  talus  notice  of  it,  and  remember 
it,  it  having  been  stated  twice  by  two  of  tb« 
king*s.  counsel  to  3'ou  ;  'tis  long,  and  you  see 
what  the  parties  here  have  proved.  There  is 
first  of  all  colonel  Iturosey,  he  does  attest  a 
meeting  at  Mr.  Sheppard's  nouse,  and  you  hear 
to  what  purpose  he  says  it  was  ;  the.messi^ 
that  he  brought,  and  the  return  he  had  ;  it  was 
to  enquire  concerning  a  rising  at  Taunton; 
and  thSu  he  had  in  return  to  my  lord  ShaiWs- 
bury  was,  that  Mr.  Trencbard  had  failed  them, 
and  my  lord  must  be  contented ;  for  it  could  not 
be  that  time.  You  hear,  that  he  dees  say,  that 
they  did  design  a  rising  ;  he  saith  there  was  a 
rising  designed  in«  November,  I  think  he  sattk 
the  seventeenth,  noon  the  day  of  queen  Eliza- 
beth's birth.  You  near  he  does  say,  there  was 
at  that  meeting  some  discourse  concerning  in- 
specting the  kmg's  guards,  and  seeing  how  they 
kept  themselves,  and  vrbether  they  might  be 
surprised  ;  and  this,  he  says,  was  all  in  order 
to  a  rising.  Hesavs,  that  at  this  my  lord  Ros^ 
sell  was  present.  Mr*  Sheppard  does  say,  that 
my  lord  Kusseli  was  thece ;  that  he  came  into 
this  meetiBg  with  the  duke  of  MoiUMiutb,  and 
he  did  go  away  with  the  duke  of  Monmoirth  he 
believes.  He  says,  there  was  some  diwonrse 
of  a  risinff  or  insurrectioii,  that  was  to  be  pre- 
cnced  wi&n  the  kingdom ;  but  he  does  not  tell 
you  the  particukrs  of  any  ^ng,  he  himself 
does  not  My  lord  Howard  afterwards  does 
come  and  tell  you  of  a  great  discourse  he  had 
with  my  lord  niafteshury,  in  order  to  a  rising  in 
the  dty  of  Loudon ;  and  my  brd  tjhaftesbnry 
did  value  bimsdf  mightily  upon  10,000  men  hie 
hoped  to  raise ;  ,and  a  paat  deal  of  diacourae 
he  had  with  my  lord  Shaftesbury.  This  he 
does,  by  way  of  induoonent,  to  what  be  says 
ooncenung  my  lord  RusmU.  The  evidence 
i^giinst  him  is  some  consults,  that  tiieie  were ' 
by  six  of  them,  who  took  upon  themi  as  he 
says,  to  be  a  council  &r  the  uianagwmant  of  the 
insurrectioa,  that  was  to  be  pvoauned  in  this 
kingdom.   Ue  instancw  ib  tvro^  that  wara  lor 


this  purpose,  the  one  of  them  at  Mr.  Famb- 
den's  house,  the  other  a^  my  lord  Russell's 
house.  And  he  tells  you  at  these  meetfngs, 
there  was  some  discourse  of  providhig  treasure, 
and  of  providing  arms ;  but  they  came  to  no 
result  in  these  things.  He  tells  vou,  that  there 
was  a  deaiffn  to  send  for  some  of  the  kixigdom 
of  Scotland,  that  might  join  with  them  in  this 
tiling.  And  this  is,  upon  the  matter,  the  sub- 
stance of  the  evidence,  that  hath  been  at  large 
declared  to  you  by  the  king's  counsel,  and  what 
you  have  Jieard.  Now  goitlemen,  I  must  tell 
you,  some  things  it  lies  upon  us  to  direct  you  in. 

My  lord  excepts  to  these  witnesses,  because 
they  are  concerned,  by  their  own  shewing,  in 
this  design :  If  there  were  any,  I  did  direct 
(some  of  you  m^ht  hear  me)  yesterday,  that 
that  was  no  sufficient  exception  against  a  man's 
hang  an  evidence  in  the  case  of  treason,  that 
he  himself  was  concerned  in  it ;  they  are  the 
most  proper  persons  lo  be  evidence,  none  being 
able  to  detect  such  counsels  but  them.  You 
have  heard  my  lord  Russell's  witnesses,  that  be 
hath  brought  concerning  them,  and  ooncerbing 
his  own  integrity  and  course  of  life,  how  it  has 
been  sober  sAd  civil,  widi  a  great  renect  to  re- 
ligion, as  these  genUemen  do  all  testify.  Now 
the  question  before  you  will  be.  Whether  upon 
this  whole  matter  you  do  believe  my  lord  Rusr 
sell  had  any  design  upon  the  king's  life,  to  de- 
stroy the  king,  or  takeaway  his  life ;  for  that  is 
the  material  part  here.  It  is  tised  and  given 
you  (by  the  kind's  counsel)  as  an  evidencs  of 
this,  that  he  dia  consj^  to  raise  an  unsurreo- 
ti<^,  and  to  cause  a  naiiig  of  the  people,  lo 
make  as  it  were  a  rebellion  within  tke  natioD, 
aUd  to  surprise  the  king's  guards,  which,  say 
they,  can  have  no  other  end,  but  to  seize  aail 
destroy  the  king ;  and  'tis  a  gpneat  evidenee  (if 
my  lord  Russell  did  design  to  seise  the  Idog's 
ffuards,  and  make  an  insurrecstion  in  the  king- 
dom) of  a  design  to  surprise  tbe  kind's  perscHk 
It  must  be  left  to  you  Upon  the  whole  mattsr : 
you  have  not  evidence  in  this  csaae  as  there  wss 
m  the  other  matter,  that  was  tried  ib  themom- 
lag,  or  yesterday,  against  the  conspirators  to 
kill  the  kinpr  at  ttie  Rye.  There  was  a  direct 
evidence  of  a  consult  to  kill  the  king,  that  is  aot 
given  you  in  this  case:  This  is  an  act  of  con* 
triving  rebellion,  and  an  insurrection  whhla 
the  kingdom,  and  to  seize  his  guards,  which  is 
uiyed  an  evidence,  and  surely  is  in  itself  ai| 
evidence,  to  seize  and  destroy  tne  king. 

Upon  this  whole  matter,  this  is  ]m  to  TOff* 
If  you  believe  the  prisoner  at  the  bar  to  nave 
conspired  the  dea&  of  the  king,  and  in  order  to 
that,  to  have  had  these  consults,  that  these 
witnesses  speak  of,  then  you  must  find  hinr 
Guihy  of  this  treason  that  is  laid  to  his  charge^ 

Then  the  Couit  adjourned  till  four  o'dockf 
ui  the  afternoon,  when  the  Jury  brought  the 
said  lord  Ruasdl  hi  Guihy  of  the  said  High* 


See  the  Acoomnr  of  kNrd  Russbll's  SarnaticM 
and  £xicunoM,ate  Blagun'a  TMt  6cc  p.  W* 


657]         STATE  TRIALS^  35  CHAtLBS  U.  vBM.^Trial  sf  Mm  tttmu.         [53S 


298.  The  Trial  of  John  Rouse,*  at  the  Old  Bailey,  for  High  Treason : 

35  Charles  II.  A.  D.  1683. 

hb  whole  kiiwdoin  of  England  to  cause  and 
proeare,  and  insarrection  and  rdwllioo, 
a^inst  onr  said  lord  the  king  to  move,  and 
stir  up  within  this  kingdom  of  England  ;  and 
to  fuml  and  perfect  the  said  most  horrihle 
treasons,  and  traiterons  conspiracies,  imac^- 
nations  and  purposes  aforesaid,  the  said  John 
Kouse,  and  William  Blague,  then  and  there, 
and  diters  other  days  imd  times,  as  well  be- 
fore as  after,  as  fiuse  traitors,  maliciously, 
traiterously  and  adrisedlj,  they  did  assemble 
meet  together,  and  consult  between  them« 
selves,  an|i  with  the  said  other  traitors,  to  the 
jiuvrs  aforesaid  unknown,  and  with  them  did . 
treat  of  the  taking  and  seizing  the  Tower 
of  liondon,  and  of  and  tor  the  executing  and 
perfecting  their  treasons,  and  traiterons  com- 
passingB,  imaginations  and  purposes  aforesaid : 
andthatth^SiesaidJohn  House,  and  William 
Vagoe,  as  false  traitors,  maliciously  traiterous- 
ly  and  advisedly,  then  and  there,  and  divers 
otlierdaysandtiiiies,aswefl  befoceasafter,they 
and  cither  of  them  did  undertake,  and  to  the 
said  ether  traitors  did  promise  fbr  themsebes 
to  he  aiding  and  assistmg  in  the  executioii  of 
the  treasons  and  traiterons  compassmgs,  ima- 
ginations and  pnnioses  aforesaid;  and  in 
providing  arms  and  armed  men  to  fulfil  and 
perfect  the  said  treasons,  and  traiterons  com- 
passings,  imaginations  and  purposes  aforesaid. 
And  the  said  most  wicked  treasons  and  trai- 
terons compassings,  imaginatioiis  and  pur- 
poses afhresaid,  to  fulfil  and  bring  to  pass, 
they  the  said  John  Ronse,  and  Wiffiam 
Bume,  as  fklse  traitors,  maliciously,  traite- 
rousiy  and  advisedly,  then  and  there  did  pro* 
cure  and  prepare  arms,  to  wit,  blunderbusses^ 
carbme^  and  pistols,  ag^unst  the  duty  of  their 
allmance,  against  the  peace  of  onr  sorereign 
lord  the  kine,  his  crown  and  dignity,  and' 
against  the  mrra  of  the  statutes  in  diatcase 
made  and  provided,  &c.' 

CLofCr.  What  sayest  thou,  John  Rouse  f 
Art  thouguilty  of  this  High  Treason,  whereof 
thou  standestmdicted,  or  Not  Guilty  ? 
Bjouse,  Not  Guilty.  '*    ' 
CI.  qfCr.  Culprit,  How  wilt  thou  be  tried  > 
Route,  By  God  and  my  country. 
CI.  of  Cr,  God  send  thee  a  good  ddiverarice. 
What  sayest  thou,  William  Blague  ?  Art  thou 
Guilty  of  this  High  Treason,  wh^l«of  thou 
standest  mdicted,  or  Not  Guil^  ? 
CtLpL  Blague,  NotGutkyr 
CL  ofCr.  CulpHt,  How  wik  thon  be  tried  f 
Blague.  By  God  and  my  country. 
CI,  qfCr.    God  send  thee  a  good, deliver- 


John  ROUI^E,  and  Winiam  Blague,  being 
■et  to  the  bar,  and  having  held  up  their  hands, 
the  Indictment  was  read  as  follows : 

<  London.  The  jurors  for  our  sovereign 
lord  the  king,  upon  their  baths,  present,  That 
John  Rouse,  late  of  London,  gent,  and  >^  il-* 
iiam  Bhigue,  late  of  liondon,  gent,  as  false 
traitors,  against  the  most  illustrious  and  ex- 
cellent prince,  our  sovereign  lord  Charles  S, 
by  the  grace  of  God,  of  England,  Scotland 
France  and  Irekuul  king,  their  natural  lotd ; 
not  havinj^  the  fear  of  God  in  their  hearts, 
nor  weighing  the  duty  of  their  alliance, 
but  bong  moved  and  seduced  by  the  instiga- 
tk)n  of  the  devil ;  and  the  true  dnt}r,  and  na- 
tural obedience,  which  true  and  faithful  sub- 
jects of  our  sovereign  lord  the  king,  towards 
aim  our  said  lord  the  king,  do  •  bear,  and 
of  right  ought  to  bear,  wholly  with  drawing ; 
and  wj^  tlieir  whole  strength  intendins^  tne 
peace  ai|d  common  tranquiUity  of  this  xbg- 
dom  of  Encrland  to  disturb,  and  war  and 
rebdlion  against  onr  said  lordthe  king  to  move 
and  stir  up,  and  the  government  of  our  said 
lord  the  khig  within  this  kingdom  of  England 
to  subvert,  uid  our  said  lord  the  king  frooi  his 
tide,  honour  and  kingly  name  m  the  im- 
perial crown  of  this  bis  kingdom  of  England 
to  put  down  and  deprive,  and  our  said  lord 
the  king  to  deadi  and  final  destruction  to  bring 
and  put,  the  Xd  day  of  March,  in  the  year 
of  tne  r6ign  of  our  sovereign  lord  Charles  2, 
kin?  of  England,  &c.  the  five-and*thirtieth, 
and  divers  other  days  and  times,  as  wdl  be- 
fore as  after,  at  the  parish  of  St.  Michael 
Basaishaw,  in*  the  ward  of  Bassnshaw,  Lon- 
don, maliciottsly  and  traiterously,  with  divers 
other  traitors,  to  the  jurors  aforesaid  unknown, 
did  conspire,  compaiss,  imagine  and  intend 
our  said  lord  the  king  Uieir  supreme  lord,  not 
only  of  his  king!]^  state,  title,  power  and  go- 
▼ernment  of  this  his  Kingdom  of  England  to  de- 
prive and  throw  down ;  but  also  our  said  lord 
the  king  to  kill,  and  to  death  to  bring  and  put ; 
and  the  ancient  government  of  this  his  lang- 
dom  of  England  to  change,  alter,  and  wholly 
fo  snbrert,  and  a  miserable  slaughieramongst 
the  subjects  of  our  said  lord  the  king  through 

*  See  the  Note  at  the  beginning  of  Waloot's 
case,  page  519  of  this  volume.  Notik  says  of 
this  Rouse,  "  He  was  a  thorough  paced  traitor 
aiidkKdced  upon  to  be  paymaster  of  the  mob ; 
a  Wappinger  and  good  at  mustering  seamen, 
nnd'in  order  to  have  good  magazines  of  arms, 
and  ammunition,  he  was  in  the  front  of  a  dnign 
to  surprise  the  Tower  and  Whitehall.  This 
hung  uppn  the .  R  ve  Conspiracy,  but  was  not 
■D  directly  a  part  or  it  as  to  roll  widiin  Reeling's 
notice,  and  was  discovered  bdbrehe  appearea." 
Esameny  585; 


ance. 


Friday,  July  IS,  in  the  afternoon,  the  Court 
being  met,4ina  Proeiaitiation  made. 

CLqfCr.  Set^J[iobn  Rodse,  and  William 
Blague,^  the  bar.  ""Ton  the  prisoners  at  the 


63$]  STATE  TRIALS,  35  CHARLfiS  II.  l6S3^TriaI  of  John  Ronse,  [640 


bar,  tbese  g^d  men,  that  yoa  hear  called,  are  to 
pass  between  our  sovereign  lord  the  king  upon 
trial  of  your  several  lives  and  deaths  ;  if  you 
will  challenge  them,  or  any  of  them,  your  time 
is,  as  they  come  to  thebooK  to  be  sworn,  before 
the^  are  sworn.    Nicolas  Charlton. 

Blague.  I  hope  I  shall  only  speak  for  my- 
.  self. 

i.  C.  X  (Sir  Francis  Pemberton.)  Yes,  you 
shall  be  heard. 

Rouse.  My  lord,  I  have  had  no  fiberty  so 
much  as  sending  for  my  wife.  Monday  morn- 
ing they  gave  me  notice  of  trvLl ;  but  I  have 
had  no  advantage  of  that  notice :  I  presumed 
it  is  meant  we  should  have  the  liberty  of  sub- 
jects :  but  though  notice  was  then  given,  yet  I 
had  not  ttie  Uberty  of  sending  for  any  body  till 
Wednesday  :  H  was  eight  or  nine  of  the  dock' 
on  Wednesday  night,  that  one  came  and  told 
me,  I  should  nave  no  liberty  of  counsel,  unless 
I  had  it  from  the  court ;  and  yssterdav  morn- 
ing I  found,  that  captain  jBlague  apd  I  were 
joined  in  one  indictment,  which  alters  the  case, 
with  submission  to  the  court.  What  time  I 
have  had  for  trial  has  been  to  short,  I  have  not 
been  able  to  get  my  witnesses  ready.  1  desire 
nothing  but  as  an  Englishman. 

X.  C.  J.  As. an  £nghshm&u !  You  can  de- 
mand no  time  to  prepare  for  trial ;  for  those 
that  will  commit  crimes,  they  must  be  ready  to 
^answer  for  them,  and  defend  themselves.  It 
is  matter  of  fact  you  are  charged  with  ;  you 
knewlongago  wliatyou  were  to  be  tried  for ;  for 
you  were  taken  up,  and  charged  with  high  trea- 
son. You  might  then  I'easooably  consider  what 
kind  of  evidence  would  be  again&t  you :  if  you  be 
fin  innocent  person,  you  may  defend  yourself 
without  question :  but  if  you  have  done  an  ill 
thing,  the  law  does  not  design  to  give  you  time 
to  shelter  yourself  under  any  subterfuge  or  make 
any  excuse,  or  to  prepare  any  witnesses  to 
testify  an  untrue  thing  tor  you. 

Rouse,  My  lord,  1  only  be^  a  little  time,  I 
do  not  design  to  make  any  qvasion.  That  I  am 
innocent,  I  thank  God  I  am. 

L,  C.  J.  We  cannot  give  you  any  fkrther' 
time,  unless  the  king  pleases ;  we  are  bound 
to  try  those  he  brings  before  us. 

Serj.  Jefferies.  Because  captain  Blague  docs 
not  desire  to  be  joined  to  tne  other ;  we  that 
are  for  the  king  are.  contented,  that  Rouse  be 
tried  first. 

Then  captain  Blague  was  taken  away,  and 
after  several  persons  challenged  by  Rouse,  the 
Jury  that  were  sworn,  were,  Rol)ert  Bedding- 
iiddf,  John  Felling,  WilUam  Windburv,  Theo- 
philus  Man,  John  Short,  sen.  Thomas  "Nicholas, 
Richard  Hoare,  Thomas  Barnes,  Henry  Rob- 
bins,  Henry  K^empe,  Edward  Raddish,  Edward 
Kempe. 

CL  ofCr,  John  Rouse,  Hold  up  thy  hand. 
Youof  the  iury,  look  upon  the  prisoner,  and 
hearicen  to  his  cause  ;  be  stands  indicted, — 
Prout  antea  to  his  indictment  Mutatis  miiton- 
dis;  upon  this  indictment,  he  hath  been 
arraigned,  and  thereunto  pleaded  Not  Guilty  ; 


and  for  his  trial,  put  himself  upon  bisooon- 
try,  which  country  you  are  ;  your  charge  is  to 
inqnire,  See. 

Mr.  Jones.  May  it  please  your  lordship,  and 
you  gentlemen  ot  the  jury,  the  prisoner  at  the 
the  bar  stands  indicted  for  hi^b  treason,  in  coa- 
spiring  the  death  of  tlie  kmg;  and  in  order 
thereunto,  consulting  how  to  seize  the  Tower ; 
and  in  providing  or  arms,  in  order  to  destroy 
the  king,  and  subvert  the  government :  If  we 
prove  it  upon  him,  you  are  to  find  him  guilt}'. 

Serj.  Jcfferies.  Tne  prisoner  at  the  bar  was 
(as  you  have  been  acquainted)  in  that  horrid 
conspiracy,  whereof  several  of  tlie  conspirators 
have  been  brought  to  trial,  and  received  a 
verdict  surely  according  to  evidence.  Tlie 
prisoner  at  the  bar  did  b^r  a  proportion  among 
the  rest.  It  does  occur  to  your  memories, 
there  were  several  undertakers,  that  undertook 
several  btatioQs ;  some  whereof  were  to  under- 
take the  blackest  part  of  this  horrid  villainy,  by 
tlie  taking  off  the  king  and  his  royal  hiffbne»« 
his  brother ;  otliers  (in  order  to  the  same  design) 
were  to  seize  upon  the  king's  guards,  and  so  %i» 
deprive  hinv  of  all  manner  of  defence  whatso- 
ever ;  and  to  prevent  all  persons  to  make  any 
defence  against  them,  as  you  heard,  there  was 
another  part  to  be  acted ;  therefore  the  town 
was  to  be  divided  into  several  divisions;  I 
think  there  were  twenty ;  but  the  most 
numerous  and  beneficial  parts  were  tbongtit 
to  be  about  Wapping.  A  particular  part  of 
the  evidence  was,  That  the  Tower  was  to  be 
seized,  and  the  king's  arms  there ;  I  know  yoa 
observed,  that  they  took  notice  of  a  particular 
place  of  the  Tower,  that  was  most  capable  of 
access.  This  Rouse  is  a  gentleman  very  well 
known,  'tis  not  the  first  time  he  hath  lieen  at 
this  bar:  .He  was  here  at  a  time  when  the 
common  justice  of  the  nation  could  not  be  ob- 
tained in  this  place,  insomuch  that  the  judges 
who  came  to  execute  justice,,  had  more  reasoo 
to  fear  being  executed  upon  the  bench,  than 
the  prisoner  at  the  bar.  It  may  easily  appear 
how  far  Mr.  Roose  was  concerned,  (I  dop^'t 
love  to  aggravate  matters,  he  has  crimes 
enough^  he  was  reckoned  pay-master  to  this 
ijd>ble,  ne  was  to  take  care  to  manage  those 
persona  that  were  to  seize  upon  the  Tower. 
He  is  a  mani  of  great  skill  in  that  subfect,  a 
doctrine  wherein  he  was  well  tutored  under  a 
lord  you  heard  mentioned  this  morning ;  but 
he  is  in  his  grave,  and  so  I  shall  say  no  more 
of  him.  We  shall  give  yon  an  account  of  a 
design  he  had  how  to  compass  this  business. 
Black-heath  was  looked  upon  as  a  very  con- 
venient place,  where  there  was  to  be  a  goUoi 
ball;  fi>r  which  the  seamen  were  to  puiy  in 
great  numbers,  and  he  tliat  won  the  prize  was 
to  have  the  golden  ball ;  but  his  eye  was  upon 
the  Tower  afi  this  while.  He  thought  to  allure 
these  silly  seamen  by  the  advantage  of  the 
honourable  winning  or  this  ball,  and  when  they 
were  freighted  with  the  success  of  this  meet- 
ins*,  then  it  was  proper  to  attack  the  Tower. 
We  shall  prove  the  other  prisoner,  that 
was  at  the  bar,  engaged  with  this  prisoner 


'    1 


£41]  STATE  TRIALS,  35  CflAKLtfrlL  l^BS.^/arJSghTrgai^^         {Sa 


St  the  In^.  We  aball  not.  only  prore  thU, 
Init  ^that  Mr.  Rouse  hath  been  always  of  an 
inclinatioo  against  the  government.  We  shall 
call  you  witnesses,  that  he  hath  undertaken  to 
dispute  by  what,  authority  the  king  comes  to 
gDYern  in  England ;  that  he  hath  said,  <  he 
'  had  forfeited  his  government ;'  that  he  told 
.  an  ordinary  miscreant,  one  of  his  levellers, 

*  that  he  had  as  much  right  to  the  crown  as  he 

•  had.'  Mv  lord,  if  we  prove  this  matter  to 
jrour  lordship,  and  the  gentlemen  of  the  jury, 
it  wBI  be  high  time  for  us  to  endeavour  to  pie* 
serve  the  crown  upon  that  royal  head,  upon 
wiiich  all  loyal  men  desire  it  should  flourish  as 
lonff  as  the  son  and  moon  endure. 

fir. .Burton.  Call  Thomas  Leigh.  [Who 
was  swom.3 

Mr.  Jonet,    Pray  give  us  an  account  what 
you  know  concerning  Mjr,  Rouse. 
.  Mr.  Norik,  Of  any  design  against  the  king, 
and  providing  arms. 

Rouse.  If  you  please,  my  lord,  one  word 
before  he  speaks ;  I  hare  an  exception  against 
bim.  I  wonder  with  what  confidence  you  can 
look  in  my  face  at  this  tirae  ? 

Kin^t  CounteL  Nay,  nay,  speak  to  the 
poart. 

IUm$e,  My  lord,  he  is  a  persouy-that  before 
be  was  taken  up,  was  swore  by  two  pei'sons  to 
have'a  hand  in  the  plot ;  one  was  Mr.  Keeling, 
Ibe  other  Mr.  How,  of  Old-street ;  and  then 
being  taken  up,  and  conscious  to  himself,  that 
be  was  guilty  of  such  notorious  crimes,  and 
knowing  I  was  pretty  well  acquainted  with 
him,  he  was  deaaly  afraid  I  should  come  and 
swear  against  him,  and  thereupon  he  took  the 
boldness  to  swear  against  me  first. 

Mr.  North,  My  lord,  he  hath  offered  nothing 
of  ob|eption. 

Rtmte,    I  suppose,  with  submission  to  the' 
court,  without  be  have  his  pardon,  he  is  no 
evidence  in  this  case. 

Serj.  Jej^.  Come,  tell  us  all  you  know., 

Mr.  Leigh.  If  it  please  you,  my  lord,  1  have 
been  concerned  in  this    conspiracy,   I  know 
sooMthing  of  it:  but  I  believe  Mr.  Kouse  knows 
a  great  deal  more.    Mr.  Rouse  takes  me  to  the 
King's- head  tavern  in  Swithin's  alley,  where 
Aflef  some  time,  Mr.  Goodenough  came,  where 
tfiere  was  aclui>of  men  that  were  in  the  con- 
spiracy.    I  had  seen  Mr.  Goodenough  before ; 
he  acquainted  me,  that  there  was  an  apprehen- 
■oa  our  rights  and  privileges  were  invaded, 
and  it  was  time  to  look  to  ourselves  ;  for  po- 
pery was  designed,  and  arbitrary  power  ;  and 
therefore  he  desired  to  know.  Whether  I  would 
engage  in  &at  affair  to  prevent  it  ?  And  withal 
he  Iwd  me,  the  city  of  London  and  Middlesex 
IVBS  difided  in  twenty  parts  ;  and  he  asked  me 
Ifi  engage  in  one  part.    I  told  him,  mv  ac- 
quaintance did  not  lie  where  I  lived ;    but  I 
would  get  a  part  where  my  acquaintance  >vas. 
Lacqoainted  ur.  Rouse  aQd  Mr.  Goodenough 
what  men  I  had  spoke  to.  .  Mr.  Qoodenough 
told  me,  Uie  design  was.  to  set  up  the  duke  of 
Honmouth,  and  kill  the  king  and  the  duke  of 
York  ;  but  that  all  parties  must  not  know  of  it: 

VOL.  IX. 


but  that  we  must  tell  some  people,  here  was 
like  to  be  a  foreign  invasion,,  and  ask  them, 
what  readiness  they  were  in  ?  And  if  we  found 
they  were  like  to  )>e  compliant  in  that,  then  w^ 
night ,  discourse  with  them,  about  the  other 
oaatter.  I  discoursed  with  sevei-al  men  about 
this  affair :  and  he  told  me,  the  lord  mayor  and 
aldennen  were  to  be  killed  immediately,  (esp^'> 
cia:ly  the  present  lord  niayur^  sir  John  Moore) 
and  their  bouses  plundered,  and  there  would  be 
riches  enough,  and  that  would  lielp  to  maintaiu 
the  army  ;  and  .we  went  on  further  in  this  dis^ 
course.  Then  I  acquainted  Mr.  H#juse  with 
this  business^  but  he  knew  of  it  before;,  and 
he  did  tell  me,  he  could  provide  arms  for  lut 
100  men,  and  sai4l,  nothing  was  to  be  done  un* 
less  the  king  was  seized ;  saying,  we  remem* 
ber  since  41  the  king  went  and  set  up  his 
standard ;  therefore  (says  he)  we  will  seize 
them,  that  they' shall  not  set  up  their  standard. 
But  (savs  he)  I  am  for  seizing  them,  but  not 
for  shedding  their  blood.  Mr.  Rouse  went  off 
with  that  discourse ;  says  he,  I  must  speak 
with  Mr..  Goodenough,  and  some  of  those  that 
are  principally  concerned.  Mr.  Rouse  ac-* 
quainted  me,  that  it  was  a  very  convenient 
thing  to  have  a  ball  played  upon  Black- Heathy 
and  to  that  end  we  must  speak-  to  some. sea-* 
captains ;  and  (says  he)  I  will  engage  ten,  and 
they  shall  manage  that  affair,  and  he  that  wins 
the  ball  take  it.  But  when  tbey  have  so  done 
every  captain  shall  take  his  paity,  and  tell 
them,  they  have  other  work;  and  then  go 
with  long-boats  and  arms,  and  seize  th# 
Tower.  1  acquainted  Mr.  Goodenough 
with  this,  and  Mr.  Croodenoogh  asked  ms 
the  charge  of  the  golden  ball.  Mr.  Rouss 
had    told  me,   it   would  be  ten  or  a  dozen 

Eounds.  Mr.  Goodenough  said,  if  it  was  40/. 
e  would  be  at  the  charge  of  it  all.  (Several 
such  discourses  Mr.  Rouse  bath,  in  my  bear* 
ing,  spoke  to  several  men  at  the  King's  Heal 
tavern.  I  understoood  I  was  sworn  against ;  I 
heard  of  it  at  the  King's- Head  tavern,  in  his 
company  and  Mr.  Goodenough's.  Mr.  Rous« 
directed  me  to  go  to  tlie  Sun  tavern  near  Moor* 
gfate,  and  he  would  come  to  me;  and  there  Mr4 
House  and  Mr.  Goodenough  came  to  me ;  and 
Mr.  Rouse  told  me,  I  should  lie  at  his  house; 
Mr.  Rouse  cut  off  my  hair,  and  went  to  Mr. 
Bateman's  and  fetched  me  a  perriwi^,  Mr. 
Rouse  and  1  went  several  times  to  view  the 
Tower,  and  took  Mate  Lee  along  with  us.  "So 
Mate  Lee  directed  us  to  Traitor's  Bridge,  and 
he  said,  that  was  an  easy  place,  and  he  would 
undertake  to  dp  it  witti  100  men,  so  they 
had  but  hand-gTanadoes.  We  bad.  some  time 
before  that,  appointed  to  meet  at  Wapping  to 
speak  with  the  sea  captains.  Mr.  Rouse  met 
the  first  day  in  order  to  this  business  at  the  Am* 
sterdam  coffee-house,  and  there  Mr.  Rouse  mi  t 
with  two  sea  captains  (as  he  told  me)  that  ^veie 
to  officiate  in  this  business,  and  the  two  captains 
betook  to  the  Ant^l  and  Cmwn  inTreadneedle 
street.  A  small  time  afler,  about  an  hour  and 
a  half,  or  thereabouts,  Mr.  Rouse  came,  (I  am 
not  positive,  whether  Mr.  Goodenough  was 
2T 


»  \ 


iS4g]         STATE  TRIALS,  35  Charles  II.  i683.^7Wa/  of  John  Raiue,         |}644 

vras  the  first  man  that  ever  I  beard  pit^ose, 
that  tbe  king  and  Che  duke  should  be  9e(iured ; 
and  there  is  another  thing  come  into  my  mind ; 
Mr.  Rouse  hath  heed  a  traveller,  be  did  pre- 
sume to  say,  and  has  said  to  me,  and  in  com- 
pany, ihat  the  king  was  sworn  in  France  and 
opam  to  bring  in  popery  and  arbiirary  power  in 
so  many  ^ears,  and  tiieretbre  it  was  no  ^  to  ' 
take  him  off;  and  he  told  roe,  he  had  it'under 
his  own  hand. 

Rouse,  It  was  impossible,  my  lord. 

Serj.  Jeff,  I  do  believe  it.  I  do  not  believt 
he  thought  thee  fit  to  be  a  secretary, 

L,  C.  J.  fjook  you,  if  you  woM  hare  any 
thing  asked  him,  propose  it  to  me. 

Rouse.  What  place  was  it  I  began  to  speak 
of  any  thing  of  this  design  ? 

Leigh,  Tlie  King!s-head. 

Route.  Who  was  with  us  ? 

Leigh.  Mr.  Goodenough  and  several  others. 

Route.  Was  it  discoursed  of  before  them  ? 

Leigh.  No,  you  never  discoursed  of  it  before 
them  P 

Rouse.  You  discoursed  of  going  an  bay- 
makingvin  the  country ;  says  you,  I  will  trust 
them  one  alone ;  but  says  yoU,  I  am  nnder  an 
oath  of  secrecy,  not  to  communicate  it  but  to 
one  at  a  time,  but  I  make  bold  to  acquaint  yoo 
with  it:  I  give  you  an  account  what  I  beard 
from  his  own  mouth. 

L.  C.  J.  Look  you,  what  you  heard  iroiii 
him  will  signify  nothing,  unless  you  arp  abl« 
to  make  proof  of  it  by  other  ^vitnesses:  If  yoa 
will  ask  him  any  questions,  you  shalL  Wm 
will  hear  what  you  can  say  for  yourself  at  last : 
But  you  must  not  erade  the  Icing's  evidence 
with  any.  discourse  at  random . 

Rouse,  Did  I  ever  put  you  upbn  any  tbiogf 
of  this  nature  ?  Did  you  not  tell  me  there  was 
a  design  to  overturn  the  government,  bn^  yo^ 
would  not  shed  blood  P 

Ijeigh.  I  will  answer :  I  cannot  be  positive, 
whether  I  came  to  Mr.  Rouse,  or  he  to  me. 
I  had  been  in  Iiis  company  several  times  be* 
fbre,  and  whether  he  discoursed  it  first  to  me, 
or  I  to  him,  I  qannot  tell ;  but  when  that  point 
was  discoursed,  he  was  very  zealous  to  get  ten 
captains,  sIkI  tfiat  the  ball  might  be  played, 
and  the  Tower  taken. 

Rouse.  Did  ever  Mr.  Goodenough,  and  yot| 
and  I,  meet  upon  such  an  account? 

Leigh.  Yes,  at  the  King's-head  tavern. 

Rouse.  I  can  take  my  oath,  I  never  saw  Mr» 
Goodenough  but  twice  m  your  company,  and 
I  never  knew  you  till  May  last 

Seij.  Jeff.  You  came  to  a  very  strict  alliance 
by  that  time  it  came  to  June. 


there  or  no)  and  told  me,  he  had  spoke  to  both 
the  sea  captains,  and  they  were  willing ;  but 
•ne  was  going  to  New- Jersey^  and  therefore 
Ifee  work  must  be  done  before  he  went,  or  he 
could  not  asststr  Another  time  he  appoint^ 
Mate  Lee  to  m^  at  the  Anchor  in  napping. 
I' did  speak  to  Mr.  Goodenough,  but  he  did  not 
meet  us,  so  that  we  could  not  go  down  that  day: 
but  Mr.  Rouse  always  undertook  that  business 
to  get  ten  sea  captains,  and  get  arms  for  100 
men.  After  I  was  sworn  against,  and  went  to 
Mr.  Rouse's  house,  the  next  day  Mr.  Nelthrop 
and  Mr.  Qpodenough  came  to  me  to  Mr.  Rouse*s; 
says  Mr.  Rouse,  be  not  discouraged,  let  the  bu- 
siness go  on.  I  was  directed  by  Mr.  Nelthrop 
and  Mr.  Goodenough,  whenever  I  was  taken 
.into  custody,  I  should  deny  all,  and  it  could 
not  touch  my  life.  I  thank  him  for  his  kind  • 
ness :  I  lay  well,  and  eat  well,  at  his  house, 
my  k>rd :  butliowever  I  will  tell  the  truth.  We 
met  afierwards  several  times,  and  went  to  cap- 
tain Blague's  and  the  rest  of  the  company,  but 
nt  different  places.  We  had  an  account,  that 
Mr,  Goodenough Vas  in  the  north  raising  men, 
and'  that  the  duke  of  Monmouth  was  there- 
abouts, and  that  a  deliverance  should  be  wrought 
fyr  all  this. 

X.  C.  /.  About  whattime  was  this? 

Leigh.  In  last  June.  The  design  was  so 
laid,  that  I  was  told  it  was  to  be  done  in  a  fort- 
night. They  never  agreed  on  a  way  or  method 
of  killing  the  king :  but  they  told  me,  they  hdd 
1,000  horse  ready  in  the  country ;  and  that  there 
was  500  horse,  or  thereabouts,  ready  in  the 
town ;  and  that  the  king  should  be  killed  cottaing 
fipom  Windsor.  Now  they  were  contrifing 
how  to  send  arms,  that  they  might  not  be  sus- 
pected, to  some  private  place  ;  they  were  to  be 
sent  in  trunks  to  some  private  house,  and  there 
they  were  to  arm  themselves  in  the  night;  and 
some  brickmen  were  to  go  to  Windsor  to  know 
when  the  king  came,  and  give,  information  ; 
and  90  they  wei:^  to  set  upon  him  in  some  conve- 
nient place,  and  both  were  to  be  taken  off,  to- 
S^ether,  the  kmg  and  the  duke;  and  Mr. Rouse 
aid,lake  them  off,  and  then  no  man  can  have 
commission  to  fight  for  them. 

Serj.  Jeff.  He  is  a  politician  every  inch  of 
him. 

Mr.  Jones.  What  did  he  employ  you  to  do  ? 

Leigh.  I  was  employed  by  Mr.  (.loodenough 
to  make  all  the  friends  I  could  in  this  enfragc- 
ment.  I  went  into  Spitalfields,  and  engaged 
some  weavers  and  oUier  people.  They  pro- 
mised me  a  gratuity,  but  I  never  had  any 
thing. 

Serj.  Jeff.  If  Mr.  Rouse  has  a  miiid  to  ask 
him  any  questions. 

Rouse.  I  will,  my  lord. 

L.  C.  J.  Propose  your  questions  to  the 
court. 

Rouse.  I'zsk  him,  by  the  oath  he  has  tak:.>n, 
whether  ever  I  spake  with  him  of  any  desl;;Ti 
•gainst  the  king  and  government  P  I  ask  you, 
wnefher  you  did  not  b^n  with  me  P 

L.  C.  /.    You  hear  nis  question  ;  answer  it. 

Leigh.   For  tiiat  I  answer^  That  Mr.  Rouse 


Mate  Lu  sworn. 

Serj.  J^.  Tell  my  lord  and  the  jury  what 
you  know,  the  whole  truth  and  nothing  bat  the 
truth. 

Lee.  The  whole  truth  I  will  telL  About  sl 
week  before  Midsummer,  or  thereabouts,  I 
met  Mr.  Rouse,  I  think  it  was  in  Pope%-heail 
alley,  going  to  look  after  captain  Blague :  8ayn 
Mr.  Rotise  I  have  ANnethmg  to  say  lo  joog 


€45]  STATE  TRIALS^  35  Charts  II.  mz.-^/ar  High  JVe§wn.  {64$ 


hvt  he  did  forbear  speaking  it  then ;  so  I  went 
ta  the  Kin^'s-Lead  tavern  by  the  Exchange ; 
we  went  into  a  little  room.  Says  he,  There  is 
^something  I  would  have  you  do.  ^hat  is  that? 
says  I.  ^  !Says  he,  Cannot  you  get  some  sea- 
^n^n  fittuaff  to  make  commanders  of  8hi|>s  P  I 
did  not  UBdcrstand  Mr.  Rouse's  meaning  in  it ; 
but  I  thought  >lr.  Rouse beiu^  in  employment, 
might  put  me  in,-  being  destitute  ot  employ- 
ment, as  well  as  other  men.  180  after  we  did 
appoint  to  meet  at  Wapping,  at  the  sign  of  the 
Blue  Anchor  in  Wapping  dock.  I^ys  Mr. 
Rouae,  If  I  come  not  at  ten  of  the  clock,  do 
not  look  for  me.  Says  he,  Can  you  get  no 
men  that  are  fit  to  make  commander*  of  ships? 
Says  I,  I  have  no  acquaintance  with  aiiv ;  Ido 
Dot  know  but  two  or  three :  But,  says  J,  I  will 
aee  what  I  can  do.  -I  Mailed  for  Mr.  Rouse 
and  Mr.  Lei^  next  day  (both  were  to  come). 
The  next  day  I  asked  nirn,  what  he  intended 
by  the  commanders  of  the  ships?  Where 
would  he  have  those  ships?  He  answered, 
some  of  the  king's  men  of  war,  that  lay  at 
Deptford  and  Woolwich  to  make  guard-ships. 
Says  I,  What  will  you  do^  if  you  have  no 
powder  and  shot?  If  you  coiild  take  the  Tower, 
then  yon  might  provide  them  with  every  thing 
fitting.  Says  Mr.  Rouse,  We  must  secure  the 
Tower  aad  Whitehall  both,  or  we  can  do  no- 
ihinff.  Says  I,  Mr.  Rouse,  where  is  your  oath 
of  ulegiance  then,  that  is  to  the  king  ?  Says 
he.  We  wiU  secure  the  VmSy  that  ne  shall 
come  to  no  damage,  and  he  shall  remain  king 
•till.  If  Mr.  Rouse  hatl^  any  thing  to  object 
against  what  I  say,  I  desire  to  hear  it :  I  speak 
liothing  but  the  truth. 

Ser).  Jejf. '  J)'\d  you  meet  with  him  at  any 
other  time  ? 

Lee-   This  was  the  first  time  he  put  out  any  ' 
such  thing  to  me,  concerning  any  such  couc 
trivance. 

Seg.  Jeff,  Did  yon  meet  with  him  after- 
wards? 

Lee,  Yes,  we  had  some  discoui*se,  it  was 
to  the  sakne  effect ;  but  it  signifies  nothing ; 
and  my  memory  being  shallow,  I  do  not  exact- 
ly remember  it.  I  know  I  must  give  an  ac- 
count of  this,  before  a  greater  court  than  this. 

Mr.  Burton.  Mr.  Corbin. 

Seg.  Jeff".  I  did  acquaint  you,  my  lord,  that 
there  was  occasion  to  make  use  of  e\  idence 
against  the  prisoner  at  the  bar ;  1  gave  you  an 
account  how  that  evidence  was  not  received. 
Jfow  I  desire  to  give  you  proof,  that  the  con- 
tinual inclination  of  this  inan^s  heart  was  the 
kiTliog  of  the  king,  and  destruction  of  the  go- 
rernment. 

^         Mr.  ThomoM  Corbin  sworn. 

Seij.  Jeff,    Pray,  Sir,  tell  my  lord,  and  the 

fentlemenof  thejury,  what  meedugs  you  had 
eretofore  with  the  prisoner  about  the  year 
dgfaty-one  or  thereabouts.  See  whether  you 
know  him. 

Corbin,  What  I  have  to  say  against  Mr. 
'Rouse,  is  only  what  I  gave  in  evidence  to  the 
.court  beiinre. 


Rouse,  When  was  that? 

Corbin,   In  1681. 

X.  C.  /.  Pray,  what  do  you  know  of  him  T 
Don't  tell  us  what  you  gave  in  evideoee ;  but 
you  are  on  your  oatb  to  speak  truth,  not  what 
you  said  then.  ' 

Corbin,  My  lord,  some  few  days  before  the 
members  for  tne  city  of  London  went  for  Oi> 
ford,  I  happened  to  appoint  a  gentleman  (one 
Mr.  Wyat)  to  meet  me  at  Sir.  Lech's,  ift 
Comhill.  Mr.  Rouse  came  by,  I  knew  him 
very  well ;  he  was  concerned  m  the  commis- 
sion for  disbanding  the  army  as  well  as  I.  He 
came  in,  and  suuted  not  only  me,  but  the 
master  oif  the  shop,  with.  How  do  you  do  f 
He  entered  into  discourse,  and  said  he  intend- 
ed  to  go  for  Oxford,  and  that  he  had  agreed 
with  Sie  coffee-men  about  town,  to  furnish 
them  with  news:  says  he,  there  are  sereral 
gentlemen  resorting  to  your  shop ;  it  would  do 
well,  if 'you  had  it.  Says  Mr.  Leech,  What 
shall  I  give  you  ?  Says  he,  if  you  will  go  to 
the  tavern  we  will  at^ree  it  over  a  glass  of  wine. 
But  Mr.  Rouse  told  me  he  had  a  kindness  t6 
beg  of  me :  and  (says  he)  I  would  have  you 
engage  some  of  your  fiiends  jko  deliver  them 
speedily  to  such  a  person  I  shall  appoint,  de 
die  in  diem ;  for,  says  he,  if  they  be  aehvered 
by  .the  ordinary  letter-carrier,  they  won't  turn 
to  account  nor  give  satisfaction.  By-and-by 
Mr.  Wyat  came  m  (that  I  was  to  meet  at  the  . 
stationers):  Mr.  Wyat  asked  me.  What  I 
thought  of  the  sessions?  Mr.  Rouse  made  , 
answer,  he  did  foresee  it  would  be  a  very  short 
sessions.  I^ys  he,  these  frequent  prorogations 
and  dissolutions  of  the  parliament  won't  avail 
him  ;  for  whatever  the  king  has,  the  parliament 
gave  him,  and  they  may  take  it  away  when 
they  please.  One  bid  him  have  a  care  what 
he  said  ;  and  he  replied  the  kins  had^  forfeited 
his  crown,  and  had  no  more  rignt  to  it  than  he 
had./ 

L,  C.  /.  Mr.  Rovso,  if  you  would  ask  him 
any  questions,  pray  direct  yourself  to  us,  and 
we  will  ask  them. 

Rouse.    I  desire  he  may  he  asked,  what  was  • 
said  befoi-e  aud  after  ? 

L,  C.  J.  Can  you  tell  him  ?  Do  you  know 
there  was  any  previous  or  subsequent  discourse 
to  this,  that  might  any  way  alter  it? 

llouse.  It  was  the  same  question  propounded 
in  eighty-one. 

Just.  Withins.  Pray,  did  he  say  the  king 
hail  forfeited  his  crown  ? 

Corbin.  Yes,  and  when  he  was  rebuked  (pr 
it,  he  reiterated  it. 

Seg.  Jeff]  We  will  trouble  your  k)rdship 
but  with  one  piece  of  evidence  more ;  only  to 
give  you  an  account.  Mr.  Rouse  is  a  man  very 
well  Known  in  the  city  of  London  ;  yet  nhen 
there  were  ouicers  came  to  seize  him,  be  had 
torgot  his  name  of  Rouse,  aad  (lid  not  re- 
meiuber  it.  'Swear  William  Richardson,  ' 
(which  was  done).  Pray,  teil  my  lord  aud4be 
jury,  whetiier  you  were  at  the  taking  oi'  this 
Mr.  Rou2«,  and  what  name  he  went  by  ? 

Richardson.    I  was  upon  the  fourth  of  Jqly 


^47]         STATE  TRIALS,  35  Ctt  AHLEs  11.  l6sJ.'—T\rial  of  John  Rtmie,         [6^ 

my  Very  ezpressiion :   Bnt  withal  I  demanded^ 
\Vhat  he  meant  by  inrasion ?    And  that  I  in- 
sisted upon  several  times:  For,  says  1, 1  know 
of  none,  and  J  hope  there  is  none  like  to  be.  J 
took' an  aocoant  of  this  in  characters,  and  hare 
acquainted  his  majesty  and  the  coancit  with  it. 
5  gentleman :  I  He  replied  to  me :  wiys  he,  I  wonder  you  am 
P     He  said,    a  stranger  to  such  a  thmgf.^   'Tb  true,  says  he, 
that  is  3ie  word  aroes  up  and  down :    But,  says 
he,  there  is  another  kind  of  invasion  naeant  by 
some  men.    I  asked  him.  What  other  invasion 
do  you  mean  ?    He  answered  presently,  Don't 

?'  ou  know  ?  Are  you  a  stranger  in  England  f 
n  Israel  P  Says  he,  there  is  an  inyasion  upon 
our  rights  and  liberties,  and  all  we  liave; 
Whereupon  I  was  a  little  startled.  This  was 
at  the  King's-Head  tarpm.  Another  time  1 
desired  him  to  explain  his  meaning,  being  a 
stranger  to  it,  when  I  expressed  my  readings 
to  serre  the  king  upon  such  an  occasion,  in 
those  words.  They  that  know  me,  know  that 
I  am  not  in  the  tapacity  of  raising  an  hundred 
urms ;  but  I  intended  it,  as  God  knows,  in  op- 


instant  t6  search  fof  one  Armiger,  and  coming 
]fco  widow  Hay's  coffee- house,  (1  think  they 
eall  it)  the  Widov^  told  nie,  there  was  no  man 
in  the  house  \  I  went  down  the  street,  and  came 
back  agHin,  and  one  said,  he  saw  a  man  go 
into  the  garden  .  says  he,  do  you  stay  here,  and 
'I  will  go  and  see :  he  saw  this 
says    he,  what  is 

Jcmnson :  I  asked  him,  and  he  said,  Johnson. 
I  told*  him,  we  must  have  an  account  of  him. 
8ome  said,  they  did  not  know  him.  We  went 
to  the  Half-Moon  tavern,  in  Aldersgate- 
f  treet ;  he  sent  for  other  men ;  they  said,  they 
did  know  him;  1>ut  ^hey^could  say  nothing  in 
his  behalf. 

*    8eij.  Jeff",  fs  that  the  man,  Johnson  P 
/     Rkhardton.    That  is  the  roan,  that  said  his 
name  was  Johnson. 

X.  C  /.    Look  you  now,  Mr.  Rouse,  this 

'  is  your  time  to  s^eak  for  yourself:  what  hv^e 

yon  to  say  to  this  that  is  charged  lipon  you  ? 

^  You  hear  the  first  witness  does  say,  That  you 

would  have  engaged  him  in  a  design  of  raising 


of  men ;  and  you  told  him,  you^  designed  to  I  position  to  a  foreign  invasion :    But,  I  thank 

surprise  the  Tower ;  and  to  that  purpose  he  God,  I  took  characters  day  by  day,  and  with  m 

surveyed  it  ^ith  you  ;  and  you  tola  him  what  resolution  day  by  day  to  discover  it :    But  he 

your  design  was  j'ou  met  Bfr.  Goodeneugh  has  got  the  start  of  me,  for  fear  I  should  swear 

about;  it  was  to  raise  men.    Goodenough  was  a^nsthim.  He  insisted  still  upon  it,  That  our 

for  killing  the  king;  you,  it  seems,  at  first,  rights  and  liborties  were  invadeu;  and  that  wtfB 

was  but  for  securing  the  king,  and  making  him  the  invasion  all  along  intended  ;  and  that  Was 

do  what  you  please ;    but  aflerwards,  it  was  the  way  to  hook  in  persons,  only  upon  that 

come  to  an  higher  matter;  and  then  you  had  pretence  of  a  foreign  invasion.    I  asked  him, 

found  out  a  way  to  engage  some  captains  to  in  what  manner  he  meant  invasion  P  Sayahe^ 


seize  the  Tower,  and  others  were  to  seize 
Whitehall;  both  were  to  be  done  at  once. 
What  say  you  to  this,  (here  are  three  wit- 
nesses that  testify  very  strongly  against  you) 
and  the  device  you  had  to  get  men  to  Black- 
heath  to  secure  the  Tower  P 

Rouse.  My  lord,  I  stand  here  for  my  life ; 
it  never  entered  into  my  heart,  nor  came  out  of 
my  mouth  ;  but  he  came  to  me  several  times 
about  it,  and  I  opposed  it.  At  last  he  dogged 
me  so  often,  that  he  ^ave  me  occasion  to  ask 
him  tKe  meaning  of  it.  The  first  place  I  saw 
bim  in,  was  the  KingV Head  (as  hesaith  truly) 
in  Swithiu's-alley .  There  were  several  persons, 
(as  they  met  there  every  day  upon  their  private 
occasions)  that  is  true.  He  asked  me  a  strange 
<|uestion,  (that  was  the  first  time  that  1  heard 
of  it)  Whether  I  was  willing  to  oppose  a  foreign 
invasion,  that  was  like  to  be  made  speedily  ? 
And,  Whether  I  would  engage  in  the  defence 
of  it  P  And  this  he  did  two  or  three  timed 
afterwards.  To  which  I  replied,  Sir,  I  and 
every  honest  man  are  bound  (as  we  are  sub- 
jects, and  have  taken  the  oaths  of  supremacy 
and  allegiance)  to  engage  in  such  a  thin^  you 
put  me  upon,  that  was,  to  engage  against  a 
foreign  invasion.  The  next  time,  he  asked  me. 
How  far  I  would  assist,  if  such  a  thing  should 
fall  out  as  a  'ibreign  invasion.  1  wondered  to 
hear  it  so  often  repeated ;  1  answered,  I  never 
hud  hut  one  swcrd  for  several  years,  ^ough  I 
have  had  sccasion  for  many  in  other  countries ; 
but  I  make  no  question  but  by  the  assistance  of 
wj  fHends,  to  raise  «n  faimdred  armr,  that  was 


What  with  their  doctrmes  on  one  hand,  and 
oppression  on  the  other,  they  lie  so  heavy,  that 
we  oan*t  bear  it  no  longer.  Says  I,  Wnat  dl» 
you  mean  hy  this  P  What  course  do  yoa 
think  of  P  What  can  you  propound  to  your- 
self  to  extricate  yourself  out  of  these  troubles 
you  so  much  complaib  of?  Tq  which  he  an- 
swered. You  are  a  stranger  to  what  is  a-fooc, 
and  hath  been  a- foot,  a  great  while.  Do  yoa 
not  know  the  persons  that  are  enj^aged  in  the 
design?  (I  was  a  little  inqusitive  to  know 
what  was  meant  by  the  persons)  No,  (says  I) 
positively,  I  know  not  what  you  mean ;  I  am  a 
peifect  stranger  to  these  persons,  and  this  de- 
sign ;  and  I  wished  him,  and  all  others,  (as 
they  were  men  and  christians)  that  they  would 
take  care  of  opposing  the  government  they 
lived  under,  that  was  my  very  words.  6ays 
he,  that  we  have  considered  verywdl,  and 
how  to  secure  the  *  two  things ;'  and,  says  he, 
you  shall  see  we  will  do  it  &xtrously,  withoot 
shedding  a  drop  of  blood :  Nay,  says  ho,  not 
the  blood  of  the  duke  of  York,  though  be  be 
the  i(eriest  dog  in  England.  -  I  desired  him  to 
explain  hirosdf  He  answered,  "Hie  mischief 
of  it  is,  we  can't  agree  among  ouiselves ;.  for 
it  was  us  and  we  at  every  word ;  so  I  con- 
cluded he  was  of  the  cabal*  and  dub,  that  met 
together  on  this  design ^(tiiat  hath  come  before 
your'  iMdship) ;  and  I  am  pretty  confident 
there  was  such  a  hellish  design,  though  I 
thank  God,  I  had  no  hand  in  it.  Said  1,  who 
are  the  persons  P  Pray  declare  the  bottom  of 
TOtt  come  to  me  about>  ono  day  after 


«49) 


STATE  TRIAI^  $&  Charlbs  II.  1^83.«^/or  High  Treason.         [^50 


miiotber.  With  much  ado,  he  told  me,  Mr. 
ChMdenoagh  was  one.  After  thig  discoarae,  I 
nerer  ^w  BfK  Gkwdenougb  but  twice ;  once 
was  at  the  King's- Head  tavern,  wtiere  I  bdiere 
was  twenty  ;  the  second  time,  wa^  a  day  or 
two  afler  1  saw  tbepit)clamation,  and  his  name 
in  it.  So  much  I  speak  of  Mr.  Goodenougfa. 
I  asked  him  the  names  of  the  other  persons, 
that  were  engaged  in  this  design ;  and  says  he, 
I  most  GoncM  them,  ibr  1  am  under  an  obliga- 
tion :  But  the  first  time  I  saw  the  proclama- 
tion against  colonel  Rumsey  and  the  others, 
says  he,  1  was  deadly  afhad  I  was  in  the  procla- 
mation ;  but  (says  he)  all  these  persons  are  con- 
cerned, and  several  others.  Thereupon  be  told 
me,  that  when  they  met  they  came  to  this  re- 
solotfon  of  seizing  the  Tower,  the  aldermen, 
and  taking  of  London.  Says  I,  Pray  what 
money  have  you  to  carry  on  this?  Money  .^^ 
Oh,  nys  he,  w^  don't  want  money ;  says  he, 
Mr.  Goodenough  hath  assured  me  there  is 
40,000/. 

X.  C.  J.  I/)ok  you,  yfdu  invert  all  his  dis- 
course :  He  hath  sworn  it  asfaiost  you.  Have 
y«n  any  evidence  in  the  world  P  You  are  not  in 
a  cApadty  to  swear  agaiust  him. 

Ifottse.  My  lord,  he  hath  turned  it  upon  me, 
he  spake  to  me  ahfvays  in' private. 


L.  C.  /.  Look  you,  you  have  fixed  but  upon 
one  penoo^  here  was  Mate  Lee,  that  gives  a 
yisety  shrewd  evidence  against  you ;  Did  he 
come  and  teach  you  ?  Sy  he  use  these  words  ? 

IRause.  My  lord,  I  have  nothing  to  say 
^punst  Mate  Lee,  I  hope  he  is  an  honest  man. 
Bat  I  having  a  design  to  discover  this  whole 
thing,  and  having  so  much  out  of  Leigh  the 
dyCT— 

L.  C.  J.  What  did  you  use  these  words  to 
him  for  then? 

Rouse,  To  satisfy  the  gentlemen  that  put 
me  upon  it,  that  I  might  come  to  the  bottom  of 
the  design. 

Jost  WUhim.  You  say  you  know  a  great 
deal  more :  How  came  it  to  pass  you  never  told 
the  king  one  word  of  this  till  after  you  was 
laken  ?  ^ 

Rouse.  I  hare  told  '4  smce  I  was  taken. 

Solicitor  GeneraL  (Mr.  Finch.)  Pray,  when 
jon  had  got  to  the  bottom  of  all  this  (as  you 
call  it)  why  did  you  deny  your  name  ? 

Rouse.  J  did  not  deny  my  name. 
^Setj.  Jeff.  He  hath  as  many  names  as  he 
has  designs,  and  they  are  abundance. 

Rouie  I  did  not  know  they 'were  officers.  I 
did  not  think  there  was  any  obligatioD  upon 
me  to  tell  every  man  my  name. 

X.  C.  J.  You  hear  what  evidence  is  given 
against  you  concenung  your  discourse  in 
1d81  ;  which  jthough  it  be  not  the  tbing  for 
%frhich  you  are  directJy  called  m  question,  yet 
Sf  you  coirid  dear  yourself  of  it,  it  would  im- 
post yen  mudi,  for  that  does  shew  your  spirit, 
^d  that  vou  have  had  a  long  while  a  design 
jjiggainst  the  king's  life,  if  that  be  true;  there 
tore  it  would  be  very  fitting  that  you  purged 
'  ymxtm^  of  itj  and  that  you  could  some  war 
«r  otter  give  m  answer  to  what  yeu  mm^ 


<  That  the  king  had  forfeited  his  ctrown,  tod 

*  had  no  more  right  to  it,  than  one  of  those 
'  sorry  persons  you  spoke  po  :*  and  to  saV  the 
parliament  might  *  take  -  away  the  king's  au  - 

<  thority.'    These  are  strange  treasonable  ex*  • 
pressions. 

Rouse.  My  k>rd,  though  this  thing  be  re*  • 
vived,  which  was  out  of  doors  two  years  since^ 
and  I  suppose  it  is  well  known  to  your  hnrd^ 
ship,  who  was  then  upon  the  bench.  As  I 
was  told,  there  was  a  word  in  the  indictment 
called  Colloquium  :  he  was  asked  what  disr  • 
course  pamed  before :  but  if  Mr.  Corhin.  would 
remember  himself^  I  do  confess  I  did  say 
these  words ;  but  the  words  that  followed 
before. 

Just  WitheM.  What  doyou  mean,  the  east 
before  the  horse  P 

Rouse.  Mr.  Wyat  waa  mgin^'  of  several 
discourses,  the  popish  grandeur-  m  deposing 
kings ;  and  1  gave  this  answerin  these  words : 
'  Sir,'  (says  I)  *  If  it  were  in  the  power  of  any 

*  pope  to  depose  the  king,  then  he  might  a9 
'  well  take  away  the  crown    off  the  nng'a 

*  head  ;  but  he  hath  no  such  power ;  if  he  had . 

*  that  power,  says  I,  then  the  Crown  of  £ng* 
*■  land  IS  your's  as  much  as  his.' 

Sol.  Gen.  What  was  the  Colloquiuro,  when 
you  said  the  parliament  might  taxe  it  :^way  ?, 

Rouse.  I  never  said  that. 

X.  C  J-  I  have  heard  a  great  deal  of  yonr ' 
discourse :  if  you  think  you  can  make  any 
of  it  good  by  wimeases  to  your  advantage,  cab 
them. 

Rouse.  My  lord,  I  have  not  had  time  to 
collect  my  wimesses.  How  can  it  be  supposei 
I  should  call  witnesses  ?  I  don't  know  tlrhe- 
iber  they  are  here.  Here  are  witnesses  called 
to  prove  a  matter,  wbereot  upon  a  trial  two 
years  past  I  was  acquitted. 

Just.  Withens.  Pray  do  not  go  away  with 
that,  h<^re  are  two  witaesses  since. 

X.  C.  /  You  were  told,  that  was  not  the 
thing  laid  to  your  charge  now,  th^t  does  only 
shew  the  temper  of  your  spirit,  and  how  your 
inclinations  nave  been  all  alongf.  Look  you, 
tbiB  you  are  now  charged  with,  is  a  design  to 
seize  and  kiO  the  king,  and  to  that  purpose  to 
have  entered  into  a  conspiracy  witii  Goodcr 
nough  and  others,  for  the  raismg  of  n^en,  and 
the  making  of  a  rebellion  and  insurrection  here 
in. the  kingdom  ;  whereby  you  might  have 
seized  not  only  the  king,  but  bis  fort  here,  the 
Tower,  and  made  yourselves  masters  of  his 
ships,  and  so  entered  into  a  perieot  war  with 
him  in  his  own  kingdom,  to  the  destruction  of 
himself  and  the  government  You  hear  what 
the  witnesses  say  aeuinst  you. 

Rouse.  1  do  declare,  in  the  presence  of  God 
Almighty,  before  whom  1  must  stand,  it  never 
enteted  into  my  heart. 

Mr.  Jones-  If  that  would  do,  we  should  bare 
none  hanged. 

Rouse.  I  appeal  to  toiu*  lordship,  and  this  ' 
honourable  court,  whether  it  is  likely  for  me, 
who  am  such  a  silly  person,  to  engage  in  such 
a  devilish  desigp,  especially  being,  oooeem^ 


651]         STATE  TRIALS,  35  Chables  II.  l6S3.^Trial  of  John  Roiue.         [652 

Jlouse.  It  never  entered  into  my  heart  Be 
pleased  to  a&li  him  if  he  was  not  arrested  by 
one  Keeling,  and  what  was  the  account  of  it  ? 

Leigh,  No. 

House.  I  mean  sworn  against. 

Leigh.  I  will  gire  your  lordship  an  account 
of  it.  Mr.  Goodcnough,  Mr.  Rouse,  Mr. 
Pachin,  and  I,  had  been  at  the  King's-head 
taverq  \  a  man  came  and  told  me,  a  man  had 
been  at  my  house,  and  that  oqe  swore  against 
me,  imd  it  would  be  dangeroys  to  go  home.  A 
while  after  comes  one  Armiger,  and  be  told  me, 
Mr.  Baieman  was  gone  one  way,  and  he  ano> 
ther,  to  seek  for  mc,  and  desired  me  to  hai  e  a 
care  of  ipyself.  With  that  Mr.  Rouse,  Mr. 
Goodenough,  and  Mr.  Pachin,  came  out  to  me. 
Mr.  Rouse  directed  me  to  go  to  the  Sun  tavero 
atMoorgate,  and  I  went;  Mr.  Rouse,  Mr. 
Goodenough,  and  Mr.  Pachin  came  to  m^.  I 
told  them  I  would  meet  my  wife,  but  tbejr 
would  not  let  me  go  on  by  any  means,  but  sent 
one  Mr.  Thomas,  a  coffee-man,  for  my  wifi^. 
She  came  and  told  me,  Mr.  Goodeiough  had 
sworn  against  several  people,  or  he  was  sworn 
against.  I  went  to  Mr.  Rouse's  house,  whe^ 
Mr.  Goodenough  came  to  me.  Mr.  Rouae 
would  have  had  Mr.  Goodenough  staid  there 
all  night :  Mr.  Goodenough  sent  for  his  wifip, 
to  kmw  if  his  brother  had  sworn;  she  ac* 
^uainted  him,  he  had  not  sworn  :  Mr.  Rouaie 
invited  him  to  lie  with  me.  He  shewed  me» 
behind  the  bed,  a  window  to  go  into  another 
man's  room,  to  make  my  escape,  if  any  man 
shopld  come  to  search  the  house.  I  lay.  thene 
on  Saturday.  Mr.  Goodenough  and  Mr.  Nel- 
throp  came  to.  me  ;  Mr.  Goocbnough  told  me, 
he  had  lain  at  Mr.  Nelthrop's  all  night,  but 
h^  had  seen  his  brother^  and  he  had  not  sworn 
against  me:  I  heard  that  Mr.  Keeling  had 
sworn  atpiDst  me,  and  did  say,  in  dis^oorae, 
if  I  did  light  of  Keeling,  I  would  kill  him. 

Rouie.  I  desire  to  auL  him  another  question  : 
when  he  was  told  he  was  sworn  against,  what 
did  he  say  ? 

L,  C,  /.  He  tells  you  before-hand,  that  he  said 
he  would  kill  Keeling,  if  he  coiUd  me^t  him. 

Rouse,  He  says  Mr.  (xoodenough  and  Nel- 
tfarpp  came  to  my  hoTise.;  ask  him  if  I  was 
in  the  house,  or  saw  Mr.  Goodenough  ? 
'  Leigh,  I  am  not  positive  whether  be  caw 
them  tcMzether,  but  that  be  saw  Mr.  Goode- 
nough there  the  Friday  night,  for  he  invited 
him  to  lie  with  me. 

X.  C.  X  Pray,  what  was  your  reaaon  in 
putting  mate  Lee  upon  the  inquiring  out  men 
to  make  masters  ofsbips  ? 

Rouse.  To  satisfytbe  gentleman,  bedause  he 
told  me,  there  was  such  a  design  in  hand,  to 
get  to  Uie  bottom  of  that  design,  that  so  his 
majesty  might  come  to  no  damage.  ^  Pray, 
my  lord,  liow  could  I  acquaint  the  king,  or 
any  justice  of  peace,  what  he  meant  hy  it, 
unless  I  understood  it  ? 

L.  C.  J.  Have  you  any  thing  more  to  ask  f 
Or  would  you  have  any  witnesses  called  ? 

Route.  My  lord,  i^  is  my  unhappinesa  I 
have  AO  witnesses. 


with  no  ^lerson  in  the  world  about  it ;  for  1 
deckre,  it  I  was  upon  ten  thousand  oaths,  I 
aever  had  any  discourse  with  any  person  in 
the  world  about  it.  In  the  next  place,  I  never 
was  in  any  meeting,  though  I  nave  beard  of 
several  darkly  that  they  met  in  London,  and  in 
eeveral  clubs,  but  I  could  never  ^d  out  the 
places.  I  desire  to  ask  him,  whether  he  knQjirs 
with  whom  1  did  concern  myself. 

JL  C.  J.  Look  you,  did  you  never  meet  him 
with  any  company  concerning  any  of  these 
treasoDaUe  designs  that  you  have  spoken  of  ? 

Leigh',  I  willgive  your  lordsliip  and  the  jury 
air  acoeiint.  w.  House  acquainted  me  he 
oottkl  make  ten  sea-captains ;  I  acquainted 
Mr.  Goodenough  with  it.  He  told  me  lie 
WooU  have  a  golden  bdl,  and  told  me  the 
ehaige.  We  went  to  the  Angel  and  Crown 
teverD,  from  thence  he  came  to  meet  Mr. 
^kiodenough,  to  tell  him  what  he  had  said  to 
these  captains.  The  next  day  he  met  Mr. 
Ctoodeuough ;  and  Mv.  Goodenough,  Mr. 
Rouse,  Mr.  Pachin,  and  I,  went  from  Joseph's 
«oIRm- bouse  in  Exc^n^- Alley,  and  hedis- 
«Mirsed  about  gettmg  of  these  captains. 

Rou$e.  Who  was  present  ? 

Leigh.  We  never  discoursed  the  matter 
lointty,  but  singly  with  one  man.  »Mr.  Rouse 
and  Mr.  Goodenough  went  into  a  room  apart 
above  stairs,  and  dioeoursed  this  matter  (as  1 
beheve)  half  an  hour. 

Rouse.  How  do  you  know  what  divourse 
I  had  with  Mr.  GsNodenough  when  you  was 
not  present  ? 

Leigh.  Mr.  Goodenough  thanked  me  for 
htinging  him  acquainted  wuh  you. 

L,  C.  L  How  do  you  know  what  discourse 
tiieyhad? 

Leigh,  l  knpw  only  what  Mr.  Rouse  told 
me ;  Mr.  Rouse  told  me,  that  he  would  engage 
ten  sea-captains,  that  a  ball  should  be  plaj^, 
and  every  man  tidte  his  dividend. 

L.  C.  X  Did  he  tell  you  be  had  disoonrsed 
this  with  Mr.  Goodenough  ? 

RoH&e.  Did  I  teUyou  so  ?^Leifh.  Yes,  Sir. 

X.  C.  J.  You  speak  of  several  in  company, 
ene  Pachin  and  otners. 

Leigh.  We  went  from  the  King's-head 
tavern,  for  there  was  company  we  did  not  like, 
though  we  discoursed  there  but  of  hay- 
making, and  getting  nen  to  help  the  country 
Deoole 

X.  C.  J.  What  did  you  meanhy  that  ? 

Leigh.  That  was  toget  men  for  this  business. 

L.  C.  X  What  did  he  say  the  intention  was 
«f  raibtng  these  men  ? 

Leigh.  Mr.  Rouae  hath  frequentlv  and  often 
acquainted  me,  that  the  king  liad  taken  an 
4mlti  in  Franoe  and  Spain  to  bring  in  pcypery 
emd  arbitrary  power  in  -so  many  years,  and 
that  he  had  not  done  it,  made  the  Popish  party 
'«iigry,  but  that  he  would  do  it. 

X.  C.  X  Well,  what  design  was  there  in 
ntsingof  men,  sJid  sei2ing  me  Tower  ? 

Le^h,  He  told  me  all  dbings  must  be  done 
teeether.  Hie  king  and  the  duke  must  be 
eeuMMl,  lor  thit  w»a  Ihe  principal  work,  . 


«53]      SPATE  TOIALS,  35  Charlbs  tl.  lUS^TriaiofWittkmBUgve.      [fe^ 


Set},  Jeff.  He  hath  eonfessed  the '  treason 

MKMIgh. 

L.  C.  /.  look  yrta,  gentlemen  of  the  Jury. 
Yon  hear  that  thb*  person  at  the  bar  is  indicted 
finrlugh  treason,  in  conspiring  the  king's  death, 
and  declaring  this  by  o^ert^acts,  that  is,  en- 
deaTOuring  to  raise  men  here  for  to  seize  the 
Tawer,  and  to  make  an  iitsurrection  here,  and 
a  rebellion  within  the  kingdom :  you  hear  two 
positive  witnesses  of  what  they  hare  heard  from 
bim :  he  did  endeavour,  saysliee,  to  bring  him 
into  it,  add  he  told  htm  tlie  whole  design,  he 
did  declare  to  him  the  manner  how  tbev  in- 
tended to  seize  the  king,  and  the  duke  of  York : 
Air.  Goodenou^h  was  one  of  the  persons  that 
confederated  with  him,  one  of  (henr,  but  se- 
veral others  they  bad.  They  had  covert  terms 
to  dis^ise  this,  by  getting  the  country  people 
in  their  harvest.  lie  told  them  of  a  design  he 
had  to  get  the  seamen,  a  thousand  of  them  to- 
gether, td  seize  the  Tower  and  Whitehall,  both 
at  a  time.  /And  you  hear  that  mi^te  Lee  had 
the  same  discourse  in  substance  with  him,   of 


endMvourin^  to  aeize  the  Tower,  md  get  amw 
fbr  to  seize  the  king's  ships,  to  raise  a  thoosaiid 
persons  for  the  effectmg  of  this.  Atl  these 
things  yon  have  heard  proved  against  hira ;  ke 
gives  no  answer  to  any  of  then,  but  only  tells 
you,  that  in  troth  he  did  not  say  these  things 
to  them ;  bat  they,  that  is  the  hrst,  Lee,  said 
these  things  to  him.  He  hath  no  evidence  at 
all' of  it  You  hear  Kkewise  (which  does  agree 
with  this  case)  the  teatimony  by  the  other  per* 
son  concemiiig  his  discourse  m  ei&fhty-one : 
how  he  said.  The  king  had  tbrfeHed  his  crY>wn» 
and  had  no  right  to  it ;  but  the  pariiament  gave 
him  his  authority,  and  mi^t  take  it  away. 
All  th^se  discourses  they  aavoor  of  a  wicked 
spirit  as  can  be  in  the  whole  world.  I  must 
leave  it  to  yon,  whether  you  believe  him 
guiky.  • 

The  Jury  presently  gave  their  verdict  that . 
he  was  Guuty. 

See  an  Acooant  of  his  Sentence  and  Eze« 
cation  after  Blague's  Case. 


•    I 


999.  The  Trial  of  William  Blague,*  at  the  Old  Bailey,  for  High 

Treason  :  35  Charles  II.  a.d.   1683. 


William  blague  havmgbeen  arrai^ed 
on  Thursday,  July  12th,  pleaded  Not  Gmlty, 
and  pot  himself  upon  his  country,  was  brought 
td  the  bar  again,  Friday  July  IS.  He  made 
nd  chaflenges,  and  the  former  junr  was  sworn : 
vis.  Robert  Beddinfffield,  John  Felling,  Wm. 
WinA^mr.  Theophuns  Man,  John  Short,  sen. 
Thomas  Nicholas,  Richard  Hoare,  Thomas 
Barnes,  Htonr  Bobbins,  Henry  Kempe,  Edw, 
Raddbh,  and  Edward  Kempe. 

Clerk.  Gentlemen  of  Ae  Jofy»  look  upon 
die  pciioiier,  and  hearken  to  his  charge.  He 
stands  indicted  by  the  name  of  William  Blague, 
late  of  London^  gent  that  he^  together  Mdth 
John  Rouse,  &o. 

Mr.  Iforth,  Gentleman,  yon  that  are  sworn ; 
tfie  prisoner  at  the  bar  is  charged  with  com- 
paasmg  the  death  of  the  king,  and  conspiring 
to  raise  war  and,  rebellion,  to  destroy  the  go- 
Temment,  and  take  possession  of  it ;  that  he 
d&d  conspire  with  one  Rouse,  and  several  otiiers 
not  yet  known,  to  bring  these  things  to  pass, 
and  being  joined  together,  to  seize  the  Tower^ 
and  to  provide  several  arms.  To  this  he  ^ath 
pleaded  Not  Goihy,  &c. 

Seij.  Jefferie*.  My  lord,  and  you  gentlemen 
of  the  jniy,  we  shall  not  need  to  trouble  you 
much  with  the  prisoner  at  the  bar,  for  diis  pri- 
soner, with  him  that  went  before,  were  to  un- 
dertake that  part  of  this  horrid  conspiracy  re-* 
lating  to  the  seizing  the  Tower,  because  the 
same  witnesses  that  were  against  the  former, 
are  against  the  prisoner  at  the  bar.  We  ^all 
iot  need  to  trouble  you  with  the  hiktoiy,  we 

*  See  the  Note  at  the  beginmng«f  Wak^s 
Case,  p.  519,  of  Ijhis  rMnme. 


will  cause  o«ir  witnesses  to  prove  it.  Do  yoa 
hear,  Leigh  ?  you  must  tell  my  lofd  and  the 
jury  what  the  prisoner  at  the  bar  vras  con- 
cerned in. 

L,  C.  J.  What  do  you  know  of  any  treason«> 
aMe  practices  of  his  ? 

Leigh,  I  will  aoquabit  yoor  lordship,  and 
the  gentlemen  of  the  jury,  that  capt.  Blagiye 
and  Mr.  Rouse  were  nequentiy  at  the  tavern. 
I  presume  numy  times  they  came  in  about 
business,  and  sometimes  there  were  discourses 
to  carry  on  this  conspiracy.  Mr.  Rouse  told 
me,  he  had  acquainted  capt.  Blague  with  it, 
about  getting  ten  sea  captains ;  captain  Blagne 
told  hun,  they  had  better  engage  one  or  two 
ships  to  shoot  mortar-pieces  into  the  Tower, 
which  would  presently  destroy  it;  and  dis- 
coursing vrith  capt.  Blague  about  the  -affair,  he . 
told  me  he  would  be  tMdy  in  a  fortnight  or 
three  weeks. 

Capt.  Blague,   My  lord,  will  you  please  to 
afdt  what  time  that  was  ? 

L.  C.  /.  You  shall  have  any  question  asked  * 
by-and-by. 

BUfgue.  Very  weD. 

Leigh.  Capt.  Blague  t6ld  ne,  he  would  be 
ready  in  a  rartntjfht  or  >KMnething  more,  and 
he  had  an  intention  to  lay  m  about  (bnrteen 
gmis  in  his  own.  ship  that  he  had  bought,  he 
would  have  twenty-fbnr  in  it,  and  lay  it  on 
Southwark  side  against  the  Tower,  fie  would 
Tenture  his  ship,  bu|  they  must  see  they  were 
provided  with  money  for  the  seamen.  I  ac- 
quainted Mr.  Goodenoogh  wHh  this,  and'  Mr. 
Goodenough  desirei  to  speak  vrith  capt. 
Bla^ ;  Itold  capt.  Blague  of  it,atid  we  took 
coach  at  Slocks-market,  and  went  totheKing's- 
bead  in  Chanq^ry-Laiie,  whero  we  met  witi^' 
I 


$55}      STATE  TRIALS,  3S  Chablbs  H.  1683.— Tritf/  of  WOUam  Bhg^,      [6s9 


Mr.  Ridiard  Goodenocurfa,  and  Mr.  Francis 
CkKideDOugh.  Capt.  Blague  asked,  what 
mooey  they  bad  provided;  they  said,  about 
40,000/.  says  capt.  Blague,  the  seamen,  will 
swallow  that  up  immediatelv. 

X.  C.  X  What  did  capt.  Blague  say  ? 

Zei^.  Mr.  Goodenough  and  capt.  Blague 
discoursed  about  the  matter  at  the  Kiog's- 
head  favetn  at  Chancery-Iiane  end,  and  the 
discourse  about  the  matter  was,  how  to  seize 
the  Tower ;  he  then  told  them  a^^,  Ihe  only 
way  was  to  do  it  with  mortar  pieces,  that  he 
would  venture  his  own  ship,  and  provide  two 
hundred  men. 

X.  C.  X  What  did  he  say  about  moi^ey  ?    • 

Leijgh.  He  asked  what  money  was  provided, 
he  said,  there  was  about  40,000/.  then  he  said, 
that  would  be  easily  swallowed.  Mr.  Good- 
ejfiouffh  said,  that  there  .would  be  more  pro- 
▼ideaat  anv  time.  Captain  Blagpie  and  Mr. 
Goodenough,  both  of  them  drank  a  ^lass  or 
two  of  wine  together,  and  so  at  that  time  we 
parted.  I  met  with  captain  Bhigue  again,  and 
he  bid  me,  for  God's  sake,  don't  discourse  be- 
ibre  my  mate  such  a«one,  but  my  mate  Lee  is 
a  very  honest  fellow :  said  he,  I  will  undertake, 
CDce  in  twenty  times,  to  dismount  them  six 
guns  that  iac^  towards  Surry  side,  which  I 
understood  to  be  about  Traitor's-Bridge,  he 
would  undertake  to  dismount  them.  What 
discourse  OEmtain  Blague  and  Mr.  Goodenough 
bad  apart  1  can't  tell,  but  Mr.  Goodenough 
told  me,  he  would  fet  some  other  captains  to 
engage  in  that  afikr.  That  business  Uras  lel> 
tohim  and  I,  and  I  was  desired  to  be  frequently 
widi  captain  Blague,  for  the  manasing  this 
affair  of  the  Tower ;  and,  savs  he,  1  have  a 
commission,  though  not  in  England,  by  land 
as  well  as  by  sea. 

X.  G.  X  Will  you  ask  him  any  thing.  Sir  P 
Now  he  shall  be  asked  any  thing  that  you  will 
propose.  First,  you  do  propose  to  Ilim,  about 
what  time  this  meeting  was.  What  say  you 
to  that? 

Leigh.  If  it  please  your  lordship,  I  believe  it 
Wifi  towards  the  latter  end  of  May,  or  the  be- 
ginning of  June. 

Blague.  If  you  please,  my  lord,  I  will  give 
yon  a  journal  or  narrative  of  all  my  proceed- 
ing*.     V 

X.  C.  X  Will  you  ask  him  any  more,  than 
fhatP 

Blague.  No,  my  lord. 

Sen.  Jef.  We  will  call  mate  Lee.  This 
mste  Lee  was  the  man  that  might  not  be  trust- 
ed.  Mate  Lee,  tell  my  loi^,  and  the  gen- 

tkaien  of  the  jury,  what  diseoorae  you  nave 
had  with  the  prisoner  at  the  bar,  captain 
Blaguoi  abaut  seising  the  Tower. 

Mate  Xee.  I  shall.  Sir.  The  first  disoourse 
that  ever  I  understood,  was  one  time  he  and 
I  was  riding  in  a  coach,  says  capt.  Blague  ope 
of  these  dpjs  we  shall  have  a  ball  to  toss.  I 
did  not  know  the  meaning  of  this  ball,  till  af- 
terwards Mr.  House,  and  Mr.  ha^  and  I 
«ame  together,  and  be  told  me  of  tossing  a  ball 
»poo  Snck-heaUi.    Tbea  I  begaa  to  under* 


stand  it  AndaAerthift,  I  can't  tdl  whether  it 
was  before  that  captain  Blague  and  I  walked 
before  the  Tower,  and  discoursbg  of  this,  my 
way  was  to  acale  the  Tower,  and  take  it  that 
way ;  says  captain  Blague,  the  best  way  is  to 
shoot  mortar-pieces  on  Southwark  side  ;  this 
was  all  the  discourse. 

Serj.  Jeffl   Can  you  say  any  thing  about  tk» 
ship? 

Lee.  Nothing  about  the  ship^  but  about  mor- 
tar-pieces on  Southwark  side. 

Seg.  Je^  What  time  was  that? 

.  Lee.    icannot  be  positive,  about  six  wceka 
ago,  or  less. 
•  Seij.  Jeff'.   The  first  time  was  in  the  coach  ? 

Lee.  That  was  about  the  ball,  I  did  not  un« 
derstand  it,  only  tossing  up  a  ball ;  I  did  not 
understand  the  noeaning  of  it,  till  afteriranl» 
Mr.  Rouse  and  Mr.  Leigh  and  I  came  toge- 
ther. 

X.  C.  /.  How  came  you  to  discourse  with 
him  concerning  the  best  way  of  takinir  the 
Tower?  "^     '  * 

Lee..  Mr.  Rouse  and  Mr.  Leigh  and  I,  and 
captain  Blague  had  been  tmther.  We  dis- 
coursed about  taking  the  Tower.  .  And  wo 
had  this  discourse  among  .oursdves,  which 
was  the  best  way  to  take  the  Tower  ?  Mr 
approbation  was  scaling-ladders,  and  hand- 
mnadoes,  that  was  the  best  vray;  capt^ 
Blague's  way  was  with  mortar-pieoes  on 
Southwark  side. 

X.  C.  J.  To  what  intent  was  this  discourse, 
had  you  any  former  discourse  with  any  per- 
sons ? 

Lee.  Not  at  all,  if  it  please  your  lordship. 
The  first  discourse  I  had  was  with  Mr.  Rouse 
and  Mr.  Leigh. 

X.  C.  X  And  was  that  about  taking  the 
Tower? 

Lee.  To  surprise  the  Tower,  and  Mr.  Leigh 
and  Mr.  Rouse  and  I  went  down  to  view  the 
Tower. 

X.  C.  X  Then  afterwards  captain  Blague 
came  in  about  the  way  to  take  it? 

Xee.  This  discourse  with  capt.  Blague,  about 
the  Tower,  was  between  him  and  I.  I  do^'i 
remember  it  in  any  other  company. 

X.  C.  X  What  was  your  biuiness  with  cap* 
tain  Blague? 

Xee.  My  business  was  ^nihi  capt.  Blaffue, 
to  be  his  mate,  and  I  was  conversant  with  nim 
at  the  Exchange,  the  Coffee-house,  and  the. 
King's-head  tavern.  And  we  had  discourse 
about  these  things. 

X.  C.  X  Come,  captain  Bhgue,  would  yoa 
have  him  asked  any  question  ? 

Blague.  My  lord,  otherwise  I  had  gone  to 
sea  soon  after  i  came  home;  hut  so  It  was,  that 
I  had  an  occasion  for  Pennsylvania  and  New  > 
York,  and  coming  one  day  to  the  Exchange,  I 
met  Mr.  Rouse,  whom  I  nad  not  seen  in  16  or 
17  years  before,  for  Mr.  Rouse  had  made  a' 
voyage  to  Virginia  with  me  about  90  year% 
ago/Now,  my  lord,  meeting  with  Mr.  Ifimse, 
I  luu)  .an  occasion  then  to  dfie  up  twoorthveo 
hundred  pounds,  and  kno^g  Mr.  Rouse  mh 


657] 


STATE  TRIALS,  35  Charliss 


m  broker,  I  did  eonpby  him  to  procure  it  me, 
bat  he  did  not ;  however,  daily  i  came  to  him 
to  dispatch  Afaat  affair ;  and  Mr.  Rouse  being  a 
iban  for  a  tarem,  I  went  to  the  King's- head 
tavern  and- the  Sun  tavern,  if  he  was  not  at  one 
plac^  I  foimd  him  at  another,  in  order  to  per- 
fect this  businers.  So,  my  lord,  when  I  came 
into  his  company,  several  people  used  to  be 
with  him  that  I  nevef  saw  in  my  life,  and  Mr. 
Rouse  would  say,  sit  down  a  httle,  and  I  will 
go  with  you  presently ;  so  I  would  sit  down, 
and  drink  agjass  of  wine,  and  go  to  the  places 
where  the  aflair  was  to  be  managed ;  after  I  bad 
done  thus  several  days,  and  to  no  purpose,  I 
did  it  myself.  Now,  my  lord,  Mr.  Rouse  in 
ttiat  time  brought  me  acquainted  %vith  Good- 
enough,  because  Goodenough  was  in  his  com- 
pany, and  Mr.  Leigh,  not  that  I  ever  saw  Mr. 
Goodenough  in  my  life  before,  and  not  as  Mr. 
Ldgh  says,  that  1  ever  was  with  him  at  the 
I>r^;on. 

JLoMh.  The  King's  Head  tavern  in  Chan- 
ceiy-£ane. 

Blague.  I  was  just  coming  home  when  Mr. 
Leigh  was  going  to  meet  widi  Mr.  Good- 
enough,  and  I  went  in  there,  and  todc  a  glass 
of  wine,  and  bid  him  farewell,  and  so  went 
home.  When  I  was  with  Mr.  Rouse,  I  was 
asking,  what  people  they  were  that  were  in  his 
company,  he  saia  very  honest  men,  drank  a 
tfUtts  ot  wine  :uid  went  away,  and  still  I  found 
ttiem  together.  I  was  saying  to  this  Mr.  Leigh 
here  if  you  will  go  along  in^ith  me,  you  shall 

S've  me  as  much  for  your  passage  as  any  of 
e  rest  of  ^he  passengers  do.  Now,  at  this 
time,  my  tfbip  was  not  in  my  possession ;  this 
very  day  ihree  weeks  I  had  it  in  my  posses- 
skm,  and  now  at  this  very  day  she  is  in  the 
carpenter's  hands,  who  is  here  now,  I  suppose. 

i.  C.  J.  WeU,  go  on. 

Blague.  Now,  Sir,  whereas  Mr.  Leigh  re- 
ports, that  I  discoursed  with  Mr.  Goodenough 
ooBoeniing  any  public  afiairs,  or  any  thing 
tending  to  the  disturbance  of  the  peace,  then 
I  am  not  a  christian.  Besides, '  Sir,  I  did  not 
speak  twenty  words,  or  ten  words  at  the  time, 
hat,  your  servant  Sir,  or,  here  is  to  you,  in  a 
glasB  of  wine ;  imd  this  I  do  speak  in  the  pre- 
sence of  God  Almighty.  And  when  I  came 
into  a  room,  I  never  staid  longer  than  Mr. 
Rouse,  ibr  my  business  was  with  him,  and  so 
went  ^Mut  my  own  affairs,  As  ibr  Mr.  Good  • 
enough,  I  believe,  I  was  three  times  in  his 
company  before  I  could  remember  his  name ; 
and  I  w«uld  ask  Rouse  several  times,  Whatdb 
YOU  call  that  man  ?  But  in  reference  to  the 
Tower,  diat  Mr.  Leigh  speaks  of,  that  must 
be  touched  at.  I  do  remember  very  weU,  I 
shall  I^  no  means  palliate  it,  if  I  were  pre« 
aoitly  to  die ;  coming  up  irom  the  ship,  we 
were  cominff  by  water,  indeed  I  should  have 
liad  possession  of  the  ship  a  fortnight  before, 
if  they  had  done  me  justice ;  I  had  3  or  300/. 
ibr  them  before ;  but  coming  irom  the  ship, 
we  were  coming  up  by  water  by  the  Tower,  I 
do  not  know  how  it  was,  I  spake  it  to  the  wa- 
terman. This  place  ia  not  well  fortified,  and  if 

VOL.  IX. 


II.  1M3.— /of  iiigh  freatml.  [658 

any  occasion  should  happen,  this  plac^tSed  in 
more  peril  and  jeopardy  than  any  place  of  th^ 
Tower,  and  so  it  does.  It  is  an  easy  matter  for 
any  to  give  their  sentiments  whetner  they  be 
accept^  of  or  no.  This  is  the  very' thing  I 
Skid,  and  then  they  were  talking  of  a  French 
war,  and  the  like.  Then  I  said,  You  silly 
fools,  if  they  should  take  it,  it  is  but  going 
over  a  t'other  side,  and  throwing  half  a  dozen 
bombo's  to  tbem,  and  set  them  out  again. 
But,  however,  mate  Lee,  if  he  remember,  I 
told  him  the  same  thing  at  that  same  time ; 
and  I  told  Mv^  Leigh,  it  was  a  pity,  a  thousand 
times,  that  place  was  uot  better  fortified. 
But  as  to  what  Mr<  Leigh  says,  to  have  200 
men  in  a  poor  pink,  I  have  refused  several  in 
that  very  ship,  because  I  could  not  stow  100 
men,  ^omen  and  children,  and  that  I  should 
press.  200  men  in  th^t  ship,  that  will  not  hold. 
And  besides,  it  is  a  pink,  let  any  one  look  upon 
her,  and  see  whether  tiiat  ship  be  fit'or  no  to 
take  in  200  menr.  But  whereas  they  say  I  had 
arms,  and  such  things,  I  bought  the  ship  and 
arms  together,  I  had  four  blunderbusses,  two 
javelins,  and  half-pikes,  that  i^  all. 

L.  C.  J.  You  forget  to  anstver  several 
things;  you  had  discourse  about  a  bank  of 
money. 

Blague.  A  bank  of  money,  my  lord,  I  ncvei 
discoursed  of.  And  as  to  the  ball  that  my 
mate  speaks  of,  my  lord,  I  know  no  more 
what  it  means  to  this  very  day,  than  one  that 
nevcT  saw  a  hall. 

L.  C.  J.  Look  you,  Sir,  you  were  with  Mr. 
Leigh,  this  Mr.  lieigh  has  sworn ;  he  says, 
you  told  him,  that  you  would  undertake  to  get 
200  mftu,  and  you  had  bought  14  pieces  of 
ordnance  already,  and  that  you  would  vrithin  a 
fortnight's  time,  do  yon  i^member,  bring  your 
ship  to  Sonthwark,  and  be  ready  to  beat  down 
that  part  of  the  Tower. 

Biai(ue.  My  lord,  1  have  told  you  already; 
the  ship  was  not  mme  to  bring  till  this  day 
three  weeks. 

L,  C.  J.  That  was  within  compass,  for  they 
tell  you  this  discourse  was  about  a  month 
ago. 

Blague,  It  was  in  May,  my  lord,  they  talk 
of. 

X.  C.  J.  No,  they  speak  of  about  a  month 
ago,  you  were  to  have  them  in  a  fortnight's 

time. What  says  the  first  Leigh,  what  time 

does  he  speak  of? 

Leigh.  If  it  pl^ue'*  your  lordship,  he  said, 
his  ship  would  be  ready  in  a  fortnight's  time, 
or  thereabouts. 

L  C.  J.  How  long  was  that  ago  ? 

Leigh.  About  a  month  or  five  wedcs. 

L.  C.  /.  To  what  purpose  did  you  meet  Mr. 
Goodenough  so  often,  to  discourse  about  this 
matter  of  &e  Tower  ? 

Blague.  My  lord,  I  never  met  widi  htm  at 
all,  but  when  I  came  to  Mr.  Rouse  about  this 
business  of  the  200/. 

L.  C.  J.  Mr.  Leigh,  what  say  you  concern- 
ing his  inquiry  for  money  ? 

Leigh.    If  it  please  your   kntbhip,  Mr. 
2U 


«59>     STATE  TRIALS,  35  Chaeus*  M-  l6S5^Trial  iff  miUM  Blagme,    [fifio 


Goodenoagh  and  tfie  captain  met  at  the  King's- 
Head  tavern,  they  met  several  times  apart,  oat 
of  company,  and  discoursed  of  the  nuainesa 
apart,  Mr.  Ooodenough  -ojiked  roe  for  the 
captain  many  times ;  I  told  him  what  the  cap- 
tain said  to  me.  Mr.  Goodenough  took  the 
captain  ont,  and  discoursed  him  ahout  this 
amur.  Mr.  Goodenough  hath  told  me  several 
times,''  the  captain  would  be  very  serviceable. 
The  captain  asked,  what  money  there  was; 
I  told  him  about  40,000/.  and  he  said,  that 
would  be  quickly  gone.  I  enquired  of  Mr. 
€roodenou£^h  again,  and  fir.  Goodenough  told 
'me,  there  was  more  money  in  Holland. 

JL  C.  J.  What  money  was  he  to  have? 

Leigh.  Two  hundred  men. — The  captain  says, 
I  named  him  before  the  king  and  comicil  to  be 
at  a  meeting  at  the  Green-Dragon  tavern.  It 
is  true,  I  did  aopiaint  the  king  and  council,  that 
Mr.  Bouse  had  business  at  the  Green-Dragon 
tavern.  But  this  was  at  the  time  of  my  ah-  { 
aconding,  1  could  not  tell  where  to  meet  him 
again. 

X.  C.  J.  What  guns  did  he  say  he  had  pro- 
Tided  ? 

'  Leigh.  If  it  please  your  lordship,  he  said,  he 
had  14  guna  in  the  slup,  and  would  make  them 
up  24 :  He  would  undertake  in  twenty  shot 
to  dismount  them  guns. 

L.  C.  J.  Where  was  this  discourse  you  had 
with  huB  about  this  300i. 

Leigh,  If  it  pleiise  your  lordship,  it  was  at 
aeverai  tones,  one  was  with  Mr.  Goodenough 
at  the  King's-head  at  the  oorajBr  of  Chancery- 
lane. 

X.  C.  J.  Look  you.  Sir,  by  the  oath  you 
have  taken,  did  he  undertake .  to  raise  men, 
iuid  assist  with  his  ship  ^n  takine  the  Tower  ? 

Leigh,  If  it  pleaseyour  lordship,  he  told  me 
Jbe  would  so  do  It.  He  uAd  me,  he  would  have 
d4ffun8. 

Jury.  Did  the  captsin  tell  you  so  ? 

Leigh,  Captain  Bia([ue  that  is  here. 

Blague^  fHy  lord,  m  reference  to  the  300 
men,  uis  is  tne  thing  that  I  would  answer,  I 
could  not  stow  100  men,  women  and  children* 

L.  C.  3,  Two  hundred  men,  he  says,  for  this 
serrioe.    . 

Blague.  Yes,  my  lord,  I  mean  so.  Who 
can  yon  have  to  say  so  brides  yourself? 

Leigh.  If  it  please  your  lordship,  this  dis- 
course was  only  with  Mr.  Rouse,  Mr.  Good- 
cnouffh,  capt  Blsgue  and  !• 

Blague.  My  knrd,  Mr.  Leigh  said  before 
the  king  and  ooimcil,  that  he  was  never  along 
with  me  but  onoe,  and  of  what  I  said  then,  he 
could  tell  only  he  was  there  when  I  went  to 
look  for  Mr.  Rouse.  How  can  these  ex- 
pressions go  together  P 

Leigk.  My  kwd,  aa  to  that  before  the  long 
and  council,  I  did  say,  I  was  not  mrt  with 
captain  Blague  and  Mr.  GoodenousL,  at  ihe 
Kmg's-head  tavern,  but  captain  Bu^^  and 
Mr.  Goodenough  were  there  several  times,  and 
Hhfix  were  apart  by  themselves  $  and  thaf  I 
had  discourse  with  captain  Blague  and  Mr. 
Goodenough,  and^aame  with  them  onoe  lo  the 
King's-head  taTon. 


Z.  C.  X  What  did  captain  91agne  tell  yoa. 
of  what  discourse  he  bad  with  Mr.  GmmI* 
enou^  ? 

Leigh.  Capt.  Blague  did,  teB  me,  that  we 
must  have  a  great  care,  or  else  we  should  be  all 
ruined,  and  Siat  his  sh^  should  be  ready,  vad 
always  encouraral  me.  And,  si^s  he,  when  I 
have  done  the  business,  I  have  been  a  oaptaha 
ashore  in  another  country,  IJiave  been  in  com* 
mission  in  another  country  ashore,  and  can  tett 
how  to  manage  men  ashore  as  well  ils  aboard. 
Another  thing  was,  after  all  this,  some  ttma, 
when  I'  understood  I  was  swonk  agamst,  I  was 
indeed,  the  captain  says  right,  to  have  gone 
with  him  a  passenger,  and  wi^  with  him  seve- 
ral times,  I  gave  him  a  report  how  the  Tower 
might  be  taken  by  ladders  and  granadocs,  aad 
he  told  me,  that  Nelthrop's  brother  came  to  see 
him,  and  did  infoim  me,  that  neither  Mr. 
Goodenough  nor  his  brother  was  taken,  and 
that  the  duke  of  Monmouth  was  in  the  cwSaatry^ 
and  quickly  would  come. 

X.  C.  J.  Who  told  you  this? 

Lei^h.  Captain  league, 

Ser).  Jeff.  This  is  a  pretty  matter  to  smii^r 
at,  captain. 

Blague.  I  will  assure  you.  Sir,  there  is  ne 
truth  in  it 

Sen.  Jeff.  Would  you  smile  the  witnvsee 
out  of  their  oaths? 

L.  C.  J,  Look  you,  Mate  Lee,'  What  say 
you  to  this  ?  In  your  judgment  and  voisr 
thoughts,  was  the  discourse  concerning  tnlring 
the  Tower  in  a  iesting  vraW 

Lee.  No,  and  it  sluul  please  your  lonlship,  I 
was  in  earnest  in  discoursing  of  it ;  my  way 
was,  .as  1  told  your  loidshtp  before,  scsliag* 
ladders  and  hand-granadoes. 

L.  C.  J.  Had  you  any  talk  before  of  snr- 
prizing  the  Tower  ? 

Xce.  No,  my  lord,  by  nobody  but  Mr.  Rmmc 
and  Leigh. 

X.  C.  J.  What  had  they  spoken  to  yea  can- 
ceming  surprising  the  Tower  ? 

Xee,  Ml*.  Rouse  spoke  to  me  of  getting 
some  seamen,  that  mignt  be  fit  to  make  niastem 
of  ships ;  and  I  asked  him,  what  he  would  do> 
with  those  seamen  to  make  commanders  of 
ships  ?  He  said,  to  put  them  aboard  the  Idag'a 
men  of  war,  and  make  guard  ships  of  them: 
I  said,  what  can  you  do  with  them  to  nmke 
guard-ships,  when  there  is  neiflier  powder^ 
shot  nor  ammunition?  But,  said  I,  if  ye« 
can  take  the  Tower,  you  may  do  wdl  eMugii : 
So  that  our  discourse  was  about  taking  tiie 
Tower. 

X.  C.  X  Was  capt  Blague  with  Toa  then? 

Lee.  What  discourse  we  had  swmt  taking 
the  Tower  was  between  ourselves. 

X.  C.  X  How  came  you  to  discourse  oosh* 
coming  this  ? 

Lee.  This  was  our  common  disooorse.  I 
suppose  the  instigatioo  ought  be  by  Mr.  Route* 
I  waa  acquaintea  with  Mr.  Rouse,  by  gwog 
with  captain  Blague ;  this  was  my  first,  die* 
course  with  Mr.  Rouse  and  Mr.  higbi  to* 
gether, 


^1]  SiKATE  TRIALS^  S5  CHAltKB  IL  1  $ts:^ftr  ESgk  Treatm. 


[66a 


L,  C.  J.  Who  WM  with  ymt  whoi  yoa  dis- 

CWII WMJ  it  felt  ? 

Xce.  There  ««s  mily  Mr.  RMne  and  Mr. 
liBigh ;  I  can  be  pontire  that  captain  Bkgue 
wat  not:  But  this  captain  Blaffoe  did  say, 
when  I  gave  my  wa^  of  takings  uie  Tower  by 
nealinpf-laddera,  and  hand-grauMoei ;  No,nyB 
cnptaui  Blagae,  it  IS  a  belter  way  to  have  mortar 
pieeea  over  the  water,  and  shoot  into  the 
Tower. 

•Serj.  /cC  Harh  yon,  IViend,  did  Le^  or 
Rouse  telf  you,  that  Btagoe  was  made  pnry  to 
it? 

Lee.  ImideratDod  nothin|^  ef  it,  but  what 
we  disooorsed  together ;  for  I  was  arqnainteri 
with  nono  of  the  cabal,  but  Mr.  RonseandMr. 
Ix«h. 

r.  C.  J.  What  did  you  discourse  about  ? 

Zee.  Abont  tafcinff  the  Tower.  I  won't 
midxit,  lam  uponnly oath. 

L,  C.  J.  Therefore  we  would  havo  the  truth 
ontofyon. 

Lee.  I  did  gather  from  Mr.  Rouse  and  Mr. 
Leigh,  that  Uie  intention  was  to  taice  the 
Tower  f 

L  C.  X  GtTO  some  aooonnt  how  yon  and 
JUigue  came  to  discourse  of  such  a  thing  as 
this  is,  and  inoider  to  what  design. 

Lee.  The  design  was  to  take  Uie  Tower. 

L.CJ,  Did  Bfaigne  and  yon  discourse  it  to 
this  purpose? 

Lee.  Captain  Blague  and  I  disooorsed  it  to 
Hmt  pmose  of  taking  the  Tower. 

Sol.  Gen.  Did  you  discourse  of  it  as  a  tidng 
that  might  be  done,  or  that  was  intended  to  be 


Lee.  We  did  discourse  of  it  as  a  thing  that 
miffht  be  done,  or  was  intended  to  be  done. 

2».  C.  /.  Now  captain  Blague,  if  yon  hare 
any  thing  to  ask  him  you  may. 

viofpite.  Ask  huD,  whether  thm  were  any 
psyections  or  pro?  isions  made  for  the  taking  of 
n ;  and  whether  or  no  there  was  any  resolntion 
taken  that  the  Tower  shouU  be  taken. 

Lee.  AnH  shall  please  your  lordship,  the 
king's  majesty  wsAjA  me,  when  1  said  what 
oapiafii  Blague  said,  abont  taking  the  Tower 
with  mortar -pieces ;  if  it  please  \oar  majesty, 
■nd  1, 1  do  not  know  whedier  there  was  any 
aneh  thinf  disooorsed,  that  1  did  not  hear. 

L.  C.J.  Well,  was  there  anything  pronded 
er '4sB^riied  in  order  to  it  ? 
'  Lee.    An*t  please  your  lordship,  there  was 
BSthing  of  men  or  guns  pro? idea,  that  I  did 
know  or  hear  of. 

8ei}.  J^.  How  many  times  did  yoo  talk 
with  oaptam  Blaine  aboutthis  ? 

Lee.  Bef  eral  tmies. 

L.C.J,  Had  you  any  order  from  an^  other 
fonons  Ibr  to  discourse  captain  Bbgoe  m  order 
to  this? 

Lee.  No,  an't  shall  please  your  lordship,  to 
the  best  my  knowledge  I  had  no  order;  fn* 
ikitf  were  commonly  toi|;ether,  captain  Blague, 
Mr.  Ronse,  and  Mr.  Leigh,  and  I  came  to 
ttton  wh«n  1  had  bushwss  with  captain  Blag^oe. 

L.  C.  J.  Did  you  ever  discourse  this  llung 
with  efftain  Bbgoe  befinm  them^ 


Lee.  Icannotbepoatifointhft. 
Sol.  Gen,  Did  those  other  persooa,  that  yon 
said  yon  discoursed  wiih,  enflmje  tou  ? 

Lee.  Mr.  Rouse  and  Mr.  lieigh,  and  I  went 

betakn. 


out  to  view  dieT(9wer,  how  it 

8oL  Gen.  Did  they  engage  youP 

Lee.  Yes,  ther  did  eaufege  me. 

Jury,  My  kNtt,  we  desire  to  have  the  witness 
asked,  WhedMT  the  Captain  knew  he  went  to 
▼iew  the  To^er  ? 

L.  C.  /.  Had  he  any  intimation  you  went 
to  Tiew  the  Tower  ? 

Lee.  My  lord,  1  cannot  be  posiliTe  in  that: 
some  tune  after  we  met  tite  Captain,  and  did 
teUtho  Captain,  we  had  newed  the  Tower; 
but  I  do  not  remember  what  obsenrations  wo 
made. 

Serj.  Jagf.  Nor  what  he  said  to  you? 

Lee.  No,  nor  what  he  said  to  me  upon  it. 

X.  C.  J.  Look  yoo,  Mr.  Lee,  Mate  Lee„th« 
Captain  told  yon  of  this  ball  that' was  to  be 

thrown  upon  Blackheath:  How  kmg  ago  wad 
it? 

Lee.  An't  please  your  lordship,  I  oiiinot  be 
positire.  it  nftf  fire  or  six  weeks  ago,  I  thmk 
It  was  mlast  time  I  rid  afeng  widi  him  to  the 
King's  head  tar  em.  f  wen|  to  Chanoery-lane 
and  you  gave  me  coach-hire  for  nothing,  and 
then  you  spoke  of  tossing  up  the  bikll. 

LC.J.  What  was  it  he  said? 

Lee.  This  was  all.  I  did  not  know  hai  mean* 
ing,  neither  did  he  eaqnress  his  meanmg.  He  was 
saying,  to  the  best  of  my  remembrance,  we 
shall  see  a  ball  tossed  up.  I  do  not  remembet 
he  said  upon  Blackh«ith;  tiie  eonftrmation 
of  it  was  by  Mr.  Rouse  and  Mr.  Leij^h  ;  thei| 
1  came  to  understand  what  the  ball  did  mean* 

Sir  Joiaet  Bntler.  With  his  lordship's  lea?e 
did  you  speak  firrt  to  the  captain  about  the 
Tower,  or  did  he  speak  to  you  ?  Was  it  yoor 
motion  to  him,  or  his  to  yon  P 

Lee.  I  do  not  know  but  it  might  be  my  mo- 
lion  to  him. 

BIr  Jamet  Btuter.  Then,  my  lord,  give  me 
leave  to  ask  another.  How  were  these  mortar* 
pieces  to  be  brought  up,  tobepbnted  on  Soitfh- 
wark  side,  to  play  upon  thewatt  of  the  Towerf 

Seij.  Jef  That  was  the  other  man,  fiKr 
•Fames. 

L.  C.  J.  Is  there  any  diuiff  more  that  yim 
wouM  have  asked  of  any  iif  these  witneaseaf 
or  hare  you  any  witnesses  of  your  own  ? 

Blague.  My  lord,  the  witnesses  that  I  hate- 
iu  reference  to  the  number  of  men,  are  here. 
I  desire,  my  knd,  you  will  be  (deased  to  oidcr 
them  to  come  in,  to  know  upon  what  aeoount 
I  shipped  them. 

Jufy.  My  lord,  pny  let  tis  aak  the  otbeip 
Lc^h  one  question. 

L.C.J  The  first  Leigh. 

Jury.  Wedeske  to  know,  whether  he  fafltef 
any  thing  of  the  ball,  or  tossing  it  ? 

X.  C.J.  He  hath  toU  you  a  long  atoiy 
ofit      •  ^ 

Leigh.  The  story  of  Blackheath  laoqnahiteA' 
yon  with  i^  about  Mr.  Rouse.  There  was  a. 
goMen  ban  to  bo  phiyed  upon  BkMkbii^,  • 


6631      STATE  TRIALS,  ^5  Charles  IL  l683.— TKa/  o/mUim  Blague,      [6fl4 


thousand  seamen  to  be  at  the  pUiyins  of  this 
baU,  teta  sea  captaini  to  manage  these  thousand 
seamen,  and  after  the  play  was  over,  erery  cap- 
tain to  take  his  division  apart,  and  treat  them 
with  punch,  and  after  that  was  done,  to  tell 
them  they  had  other  work  to  do,  ard  to  hare 
lonjif-boats  and  arms  ready,  to  go  and  seize  the 
Tower. 

Jury.  Did  captain  Blague  acquaint  you 
with  this  ? 

.  Leigh.  Mr.  Rouse  told  me,  captain  Blague 
was  acquainted  with  it:  I  never  discoursed 
with  captain  Blague  about  it.  Captain  Bkgue 
told  me,  the  best  way  was  to  set  a  ship  on  the 
other  side,  and  shoot  mortar-pieces  into  the 
Tower. 

L.  C.  J.  What  would  you  have  Mr.  Wright 
asked.'  •    ' 

Blague.  My  lord,  please  to  ask  him  upon 
what  account  lie  was  shipped. 

X.  C.  J.  Was  you  shipped  upon  the  captain's 
ship,  and  upon  what  account  P 

Wright.  An't  shall  please  your  honour,  I 
was  shipped  upon  him  almost  tour  months  and 
three  weeks  ago. 

L.  C.  J.  Upon  what  account? 

Wright.  I  was  shipped  upon  him  upon  the 
account  of  New  York,  £ngland  and  Holland. 

L.  C.  J.  Well,  what  use  do  you  make  of  this 
evidence  ?^ 

Blague*    Only,  my  lord,  if  you  please  to 
ask  the  rest,  whether  I  have  shipped    any 
more  men,  or  spoke  with  any  more  than  these 
'are? 

Wright.  Xtk'i  like  your  honour,  I  have  wait- 
ed upon  the  captam  ever  since  I  have  been 
shipped :  I  have  waited  upon  him  in  London, 
at  the  coffee-house,  about  business :  since  I 
have  belonged  to  him,  I  was  in  pay,  although 
we  bad  not  a  ship  in  possession :  sometimes  at 
the  mayor's  court  office,  Mr.  Briggs, .some- 
times with  Mr.  Rouse,  who  had  something  to 
do  for  captain  Blague.  I  kept  at  |he  coffee- 
house commonly  every  day  from  eight  or  nine 
a  clock  in  the  monung.  Sufficient  persons 
know  me  in  Lomjkin.  I  have  kept  at  the 
coffee-house  from  nine  or  ten  o'clock  in  the 
morning  till  four  or  five  in  the  afternoon,  and 
so  I  have  satistied  him  about  what  people  have 
inquired  after  him. 

Blague.  Call  lUtbert  Chappel. 

X.  C.  J,.  Captain  Blague,  what  would  you 
have  him  asked  ? 

Blague.  Carpenter,  declare  to  my  lord  how 
k>ng  you  have  been  with  me,  and  upon  what 
accouht  I  sfainped  you  ? 

Chappel.  Four  months  and  an  half. 
.  X.  C.  /.  What  bendes  f 

ChappeL  We  were  to  f^o  to  New  York.    I 
have  been  shipped  fopr  months  and  an  half  to  go 
to  New  York.    We  came  to  the  coffee-hou^ 
in  Birchin-LAue. 
-  X.  C.  /.  WeU. 

0  Chappel.  We  hare  had  the  ship  a  month  in 
our  bands  next  Monday. 

L.Q.J.  Is  she  fitted? 
^^A<9!P«^- NOysheifi^Botfitt^.  .. 


X.  C.  J.  Was  she  in  a  eonditioh  to  have  done 
any  service  upon  the  water  ? 

Blague.  Carpenter,  do  you  hear  what  my 
lord  says  f 

ChappeL  The  ship  is  a  small  vessel  about 
150  tun,  between  that  and  100. 

Blague.  My  lorcT  asks  you,  if  she  be  iiTa 
condition  to  do  service. 

L.  C.  J.  Was  she  capable  to  do  any  service 
upon  the  water  ? 

Chappel.  No  service  at  all  upon  the  water  she 
could  do  three  weeks  ago. 

Serj.  Jeff.  A  ship  of  150  or  200  tun,  would 
hold  a  great  many  people ;  she  was  to  lie  still, 
that  was  the  mischief. 

ChappeL  We  haled  her  down  to  the  car- 
penter's yard;  she  is  now  in  a  conditioQ  to 
work.  - 

X.  G.  /.  Have  you  any  more  men  ? 

Blague.  Doctor,  upon  what  aocooot  were 
you  shipped  ? 

Bellinger.  For  New  York,  England  and 
Holland. 

Blague.  When  were  you  shipfied  ? 

Bemnger.  Seven  week's  ago. 

X.  C.J.  When  weFe  you  to  b^n  your 
voyage? 

Bellinger,  I  belonged  to  the  captain  before 
he  had  a  ship. 

X.  C.  X  But  when  did  you  reckon  to  begin 
your  voyage  ? 

Bellinger.  That  I  cannot  tell. 

Blofue.  My  bill  upon  the  Exchange  doth 
specify  it.  Sir. 

Jurjf.  Pray,  my  lord,  will  you  ask  if  he  have 
any  guns  aboard  and  how  many  ? 

X.  C.  J.  What  say  you  ?  What  guns  are 
there  about  the  ship  r 

Bellinger.  Fourteen,  •  Sir,  and  four  wooden 
ones. 

L.C.J.  What  are  they? 

Bellinger,  Six  above  deck,  four  in  the  hoU. 

Blague.  They  are  Saker  guns. 

X.  C.  J.  Saker  f  ^Blague.  Yes,  Sir. 

Blague.  Richard  Clarke,  what  voyage  bad 
wef^Clarke.  New  York. 

X.  C.  J.  Surely  it  doth  appear,  that  thew  mea 
were  shipped  a  great  while  ago. 

Blague^  Some  of  them  have  had  a  depen- 
dence upon  n^  a  great  while,  one  hath  depend- 
ed upon  me  1  believe  seven  months. 

X.  C  /.  Have  you  any  thing  more  to  ny  ? 

Blutnie*  No,  my  lord. 

X,  C../.  Lookyou,  gentlemen,  you  thatara 
of  this  jury  ;  this  gentleman  is  indicted  for  con- 
spiring the  death  of  the  king,  md  doii^  soma 
acts  in  order  to  it,  that  is,  eiMeavoniing  to  anr- 
ftrise  the  Tower  and  raising  of  men,  and  pKpfr- 
ring  of  shipning  and  guns,  and  this  on  paipoae 
to  surprise  tne  Tower .  Thatthere  was  an  evil 
design,  a  very  wicked  notorious  design  of  seiz- 
ing the  king's  person  and  kiUing  the  king, 
that  is  moat  certain,  you  have  heard  it  Sj 
a^freat  many  witnesses,  and  it  is  a  thine,  1 
think,  not  to  be  doubted  of  by  any.  Thd 
<iaestioo  .is,  whether  this  man  be  gmlty  oC 
it,  and  bat^  undertaken  any  thing  in  .a  rela*^ 


6S5]  STATE  TRIALS^  35  Charles  II.  l6$3.--/or  High  Treason. 


ikm  to  it  ?  Look  yba,  you  onght  to  ha?e  in 
such  cases  of  higb  treason,  as  yon  have  been 
told,  you  OQfffat  to  hvre  two  witnesses  against 
%  persoD.  Here  are  two  witoesses  proaucecl, 
one  of  them  does  speak  rery  shrewdly  to  the 
case,  and  tells  you,  be  bad  it  fVom  this  person 
himself;  thatte  had  spoken  with  Croodenough 
about  this  matter  about  surprising  the  Tower, 
and  tiiat  it  was  an  easy  thing  to  surprise 
the  Tower,  and  that  he  could  do  it ;  ihat 
he  had  a  ship  refidy,  and  he  would  under- 
take that  SOO  men  should  be  ready  '  with 
mortar-pieces  from  Southwark  side,  to  throw 
them  and  beat  down  the  Tower,  so  that  it 
might  have  presently  been  down.  First, 
Hr.  Leiffh  doth  say,  that  the  captain  there' at* 
the  bar,  ttiat  he  was  oftentimes  with  Mr.  Good- 
enough,  and  Mr.' Rouse,  and  others,  who  it  is 
plain  were  in  ^at  design,  both  Rouse  and 
Goodenough  was,  and  that  he  heard  'Good- 
enough  say,  that  the  captain  had  undertal^  it, 
and  he  says  that  the  captain  had  discourse  with 
Goodenough  about  ii.  He  says,  the  captain 
asked  him,  in  order  to^this,  what  money  could 
be  raised,  and  he  told  him  there  was  40,000/. 
«iid  the  captain  told  him,  that  was  but  a 
small  matter,  the  seamen  would  eat  up  that ; 
and  Goodenough  told  him,  there  was  a  greater 
bank  in  Holland,  that  would  be  brought  over. 
So  that  this  endence  goes  a  great  way.  Bnt 
then,  gentlemen,  you  must  consider  whether 
yon  have  another  evidence  or  not^  There  is  a 
person  that  you  Call  Mate';  the  Mate  doth  give 
adark  Idnd  of  an  evidence :  he  does  say  here, 
that  be  and  the  captain  had  discourse  about 
the  way  of  taking  the  Tower,  and  he  be- 
lieves it  was  in  order  to  take  the  Tower ;  bnt 
he  doessa^,  when  he  heard  it,  nobody  was  pre- 
sent but  himself,  and  he  was  of  one  opinion 
how  the  Tower  might  be  taken,  that  is,  by  scaling 
ladders  and  hand-granadoes ;  and  that  the  cap- 
tain was  of  another  opinion,  whether  it  might 
be  the  better  taken  by  mortar-pieces,  thrown 
from  Southwark  side  ;  but  whether  the  captain 
had  any  notice  of  this  design  of  taking  it,  he 
cannot  tell,  or  whether  he  had  any  acquain- 
tance oonoeming  it.  So  that  this  evidence  does 
8«em  to  be  somewhat  dark.  Whether  this 
were  sportive,  or  a  trial  of  thdr  skill,  or  whe- 
ther it  was  a  desisn  to  have  counsel  and  advice 
one  of  another,  wnicbw^  to  take  it,  Imust 
leave  it  to  you  ;  whether  it  was  done  vfith  an 
intent  and  design,  for  to  find  ont  the  best  way 
in  Older  to  the  taking  of  it  But  if  it  were  only 
a  discourse  at  lai^ere  between  them,  and  endea- 
rour  to  try  t^eir  ^ud^ments  one  with  another, 
andspeakiogtheir  minds  one  with  another  in 
4bat  case,  then  this  evidence  doth  not  come  home 
to  make  him  guilty  of  the  plot  of  taking 
tfae  Tower,  or  taking  away  the  king's 
life.  He^tells  you,  he  did  speak  of  a  Ixdl 
to  be  thrown  un ;  but  whether  he  ever 
heard  of  the  other  aesigu  that  Leigh  speaks  of, 
the  first  Leigh,  Thomas  Leigh,  of  throwing  up 
a  ball  by  seamen,  in  order  to  the  taking  of  the 
Tower,  he  knows  not.  Ldgh  toys,  the  first 
witiien,  he  does  not  know  any  thug  whether 


[666 

this  'man  at  the  bar  was  ever  acquainted  with  the 
ball  or  not.  If  upon  what  you  have  heard,  you 
believe  there  are  two  witnesses  to  prove  this 
gentleman  at  the  bar  guilty  of  this  design  of 
surprising^  theTo%ver,  and  killing  the  king,  and 
taking  the  Tower,  in  order  to  it  in  this 
manner;  then  you  ought  to  find  \}\m  guilty: 
but  if  you  have  not  two  witnesses,  that  do  tes- 
tify the  thing,  then,  Gentlemen,  under  two  wit- 
nesses a  man  cannot  be  Guilty, 

After  which  tho  Jury  whbdrawing  to  con- 
sider of  their  verdict,  iii  a  short' time  returned, 
and  brought  him  in  Not  Guilty. 


Saturday  I4th  July,  Lord  Russell  was  brought 

to  the  bar. 

CL  of  Cr,  William  Russell,  esq.  hold  up 
,thy  hand.  (Which  he  did.)  Thou  hast  been 
indicted  tor  high  ti'eason  against  our  soveveiffn 
lord  the  king,  and  thereupon  hast  pleaded  Nat 
Guilty,  and  for  thy  trial  hast  put  thyself  upon 
the  country,  which  country  hast  found  tnee 
^Ity.  What  canst  tliou  say  for  thyself  why  ^ 
judgment  of  death  should  not  pass  upon 
thee  according  to  law  ? 

Ld.  Russell,  Mr.  Recorder,  I  should  be  very 
glad  to  hear  the  Indictment  read. 

Alt.  Gen.  You  may  read  it. 

CL  qfCf'  Will  you  have  it  read  in  Latin  or 
in  English  i* 

.lA,  Russell.  In  English. 

The  Clerk  read  to  the  words,  "  of  conspiring 
the  death  of  the  king.*'    (See  p.  579.) 

Ld.  Russell.  Hold,  I  thought  I  had  not  been 
charged  in  the  indictment  as  it  is,  of  compass- 
ing and  conspiring  the  death  of  the  king. 

Att.  Gen.  Yes,  my  lord. 

Ld.  Russell.  But  Mr.  Recorder,  if  all  that 
the  witnesses  swore  against  ine  be  true,  I 
appeal  to  you  and  to  the  court,  I  appeal  to  you,^ 
whether  1  am  guilty  within  the  Statute  of  35  £. 
3.  they  having  swore  a  conspiracy  to  levy  war, 
but  no  intention  of  killing  the  king :  and  there> 
fore  I  think  truly  judgment  ought  not  to  pass 
upon  me  for  conspiring  the  deaui  of  the  lung,  ^ 
of  which  there  was  no  proof  by  any  one  wit- 
ness. 

Att.  Gen.  That  is  no  exception. 

Mr.  Recorder.  My  lord,  that  was  an  excep- 
tion proper  (and  as  I  think  you  did  make  U) 
befi>re  tho  verdict ;  whether  the  evidence  does 
amount  to  prove  the  char^e,that  is  proper  to  be 
observed  to  the  jury ;  for  if  the  evidence  come 
short  of  the  indictment,  they  cannot  find  it  t(» 
be  a  true  charge  :  but  when  the  jury  has  fbund 
it,  their  verdict  does  pass  for  truth.  We  afe  , 
bound  by  the  verdict  as  well  as  your  lordship, 
we  are  to  go  by  what  the  jury  have  found,  not 
their  evidence. 

ljd»  Russell.  Without  any  proof? 

Mr.  Recorder.  The  jury  must  be  governed 
by  their  evidence. 

Ld,  Russell,  I  think  it  very  hard  I  must  be 


«67]  STATE  TRIALS,  35  Charles  U.l683^1Wil0/»l«itfmJ>rrfJhim«,  t«* 


0ttiideiniled  iiMtk-a  point  that  there  wu  not  one 
tbmgofitBwoni;  md  theieibre  I  thuUc  1  may 
TOT  keaily  deuMDd  Jtnest  ofinteneiit. 

Mr.  Icecvrdler.  I  hope  your  lonuhip  will  con- 
lnder,itiB]iotthe  court  can  give  a  ▼erdict,  it 
mint  be  the  iury.  I  believe  there  if  nobody 
in  the  court  doeg  delight  in  giriog  such  ji^- 
ments,  eepedally  asainet  voor  lordahip.  The 
verdict  ia  found,  and  the  king's  attorney  ge- 
neral on  behalf  of  the  long  doea  demand  it. 

Att.  Gen,  I  do  denumd  judgment  of  the 
Court  against  the  prisoner. 

proclamation,  made  for  silence,  whilst  judg- 
ment was  given. 

m.  Recorder.  (Sir  GeorffeTreby.)  Mvlord 
Russdl,  your  lordship  hath  been  indicted,  and 
tried,  and  found  guilty  of  hijg^h  treason,  the 
greatest  of  crimes  :  your  •  ouality  is  great,  and 
TOUT  crime  isgreat:  and  I  hope  and  expect, 
ttiat  your  behaviour  and  preparation  in  this 
condition  will  be  proportionahle.  My  I5rd,  it 
is  die  dnty  of  the  witnesses  to  give  evidence 
according  to  truth  •,  it  is  the  duty  of  the  jury  to 
'  according  to  evidence ;  «nd  it  is  the 


^ty^the  Court  to  give  judgment  according 
tn  tne  verdict.  It  is  the  king's  pleasure  sig- 
iiilied  by  his  attorney  general,  to  demand 
judgment  against  your  lordship  aocordinfto 
this  verdict,  and  ttierefore,  my  lord,  I  shall 
not  delay  it  with  any  fbrther  circumiocution. 
The  judgment  the  law  hath  provided,  and  is 
the  duty  of  the  Court  to  give,  is, 

.«'  That  you  be  carried  back  again  to  the 
^<  place  from  whence  you  came,  and  from 
«<  thence  be  drawn  upon  an  hurdle  to  the  place 
<«  of  execntion,  whoe  yon  shall  be  banged  up 
«<  by  the  neck,  but  cut  down  alive,  your 
«*  entrails  and  privy  members  cut  off  from 
«<  your  body,  and  burnt  in  your  sight,  your 
«<  Wad  to  foe  severed  from  your  body,  and  your 
<<  body  divided  into  four  parts,  and  disposed  at 
« the  king's  pleasure.  And  the  Jam  hare 
^.merey  upon  your  soul." 

Ait,  Gen.  Set  up  the  other  now. 

CI.  afCr.  Bet  captab  Walcot  to  the  bar. 
Rouse  and  Hone. 

Which  was  done,  and  they  bid  severally  to 
hold  up  their  band,  which  they  did;  and 
captain  Walcot  being  asked,  what  he  could  say 
why  judgment  of  death  should  not  be  passed 
upon  him,  ludd, 

Capt.  Walcot.  1  have  nothing  to  say  ;  only 
I  iiave  one  favour  to  beg  of  the  Cevart ;  whe- 
ther it  be  proper  to  beg  it  now  or  no,  I  can't  tell. 

Mr.  Recorder.  What  is  it  ? 

Capt  Walcoi.  1  would  beg  the  frvour,  that 
tbeyoutfafmy  son  might  come  and  see  me, 
and  aome  of  my  fnea£. 

Mr.  Recorder.  Capt.  Richardson  does  not 
deny  it  to  any  man  after  he  is  condemned. 
That  is  a  piece  of  humanity  you  need  not  adc: 
Inaver  knew  it  denied. 

Then  Hoqe  was  adcad  wfant  ho  could  say 
against  jndgment.' 


Hone.  I  beg  the  same  favour. 
Mr.  Recorder.  Ay,  ay,  God  ^Nbid!   Yon 
had  best  ask  for  some,  divine  to  oome  to  jrou. 

Then  Rouse  was  asked  the  same  questiim. 

Rouee.  I  would  speak  of  the  disadvantagea 
I  had  when  I  came  upon  my  trial.  When  I 
was  put  upon  my  trial,  yon  know  very  wdl,  I 
b^;ged  the  ftvoor  of  some  things :  one  was  a 
copy  of  the  indictment,  when  I  saw  a  person 
come  before  me,  who  in  bis  own  consdence 
knew  was  the  author  of  all  these  thinga.  I 
have  nothing  to  say  against  the  judgment  or 
veidiot  Idwayahad  a  great  veneration  for 
the  constitntions  of  the  kingdom.  I  prav 
God  forgive  them  that  came  against  me*.  I 
wish  I  bad  no  more  weight  upon  mf  legs, 
than  I  have  in  my  own  conscienoe.  I  prayedl 
a  copy  of  my  incuctment.  Thcae  things  un- 
expectedly came  upon  my  trial,  thai  I  had  net 
opportunity  to  speaJc  what  I  shouM. 

Mr.  Recorder.  Weare  content  to  hear  yon. 
Botobserve,  you  are  lo  answer  the  question 
that  is  asked,  why  judgment  should  not  pass 
upon  you  ?  You  say  you  won't  speak  agm^ 
the  jury,  we  must  notkear  you,  nor  against 
the  verdict. 

Rou$e.  I  have  one  word  more,  and  that  u, 
the  vast  diflSnrence  between  the  indictment  and 
thor  oaths.  The  indictment  vras.  That  such 
and  such  words  and  discourses  ^aspd  the  Sod 
of  March.  The  oaths  sworn  were.  That  ihe 
words  were  not  spoken  then,  but  thejsst  of 
June,  which  was  three  months  difference ; 
but  however  the  jury  have  pleased  to  find  it  I 
must  throw  my sdf  at  his  majesty's  feet :  I 
have  nothing  more  to  say. 

Then  Silence  was  proclaimed,  and  Judg- 
ment given  against  Walcot,  Hone,  and  Rouse, 
in  like  manner  as  upon  the  lord  Russel. 


The  EXECUTION  of  Captain  WALCOT, 
JOHN  ROUSE,  and  WILUAM  HONE, 
on  Friday  July  SO,  1683. 

Captain  Thomas  Wakjot  being  drawn  m 
Tyburn  in  one  hurdle,  John  Rouse  and  Wil- 
liun  Hone  in  another,  and  there  pot  into  a 
cart,  the  reverend  Dr.  Thomas  Cartw|M*t,* 
dean  of  Rippon,  and  one  of  his  miyeaty 's  ^n- 
lains  b  ordinary,  with  Mr.  bmith,  the  ordi- 
nary of  Newgate,  acquainted  captam  Walcot, 
That  this  was  the  kist  time  he  bad  to  spend  in 
the  world,  and  therc3br»  desired  bun  to  make  a 
good  use  of  it,  telling  hnn,  « That  aa  d^ 
<  leaves  him,  so  ju<tone&t  wUl  find  him  }'  and 
earnestly  exhorted  him  to  make  an  ingenuoot 
discovery  and  confesacn  of  what  be  knear 
touching    the   conspiracy    acd  treasons,    or 

•  This  I  coudade  was  the  same  Dr.  Tho- 
mas Cartwright,  who  was  silerwards  bishop 
of  Chester,  and  one  of  king  James  the 
Second's  £oclesiastk»l  Comm»aoner8.  6^3 
their  Proceedings  in  this  CoUectkm, 


669}  STATK  TRIALS,  35  Chablbs  II.  1 683.-;^  Bigh  1\reMH. 


[GT^ 


which  he  had  been  fiNmd  gfiulty,  tnd  reccif  cd 
■entence  to  die. 

To  this  Q»pt  Walcot  relied,  That  he  fa«d 
some  papers  m  his  jacket,  of  what  be  had  pre- 
pared to  8ay»  in  wntbg,  because  his  memory 
vas  bad  ;  therefore  he  desired  they  might  tie 
ptiOed  out,  and  he  woold  read  them. 
.  Then  Dr.  Cartwright  and  the  ordinary  spake 
to  Hooe  and  Roose  to  the  effect  bdbre-men- 
tioaad,  earHesUy  desping  them  to  confess  the 
-vrhole  of  what  they  knew ;  instancing  some 
places  of  Scriptures,  to  them,  as  Joshua's  ad- 
Tice  to  Achan,  &c.    *  My  son,  confess,  and 

*  give  glory  to  God,  whom  you  have  (tisho- 

*  noured,'  &c.  telling  them,  they  woold  have 
imbrued  their  hands  in  the  blood  of  a  merciful 
and  good  prince,  who  had  often  pardoned,  and 

ETC  many  acts  of  oblinon  and  indemnity  to 
isuljects ;  and  whose  rugn  hath  preserved 
the  parity  of  the  Protestant  religion  amongst 
us :  that  we  cannot  enioy  nKNre'  than  we  do 
e^ioy  :  with  other  good  admonitions  for  them 
to  make  clear  discoveries  of  the  truth  of  what 
thevknew. 

Captain  Walcot,  in  the  mean  while,  was 
preparing  to  read  his  i^eeeh. 

Dr.  Cartwrigkt  asked  him,  if  he  could  dis- 
oBver  any  more  than  he  had  done  already  ? 

W^icot.  I've  not  in  the  geoaeral.  I  told  the 
king  the  thing  was  laid  very  deep  :  there  was 
«  centleman  with  me  last  night.  I  told  him 
wnat  I  told  the  king,  and  that  was  all :  I  told 
him,  1  thought  an  act  of  indulffenoe  would 
be  very  necessary,  because  he  had  a  great 
many  men  to  take  judgment  of.  I  know  not 
the  particulars  of  the  deaiiffn ;  but  the  Idi^ 
hath  the  lord  Howard,  Mr.  Wc«t,  and  others, 
that  know  more  than  1.  I  was  never  in 
eoancil  with  them,  nor  never  with  them  above 
fbor,  five,  or  half  a  dozen  times. 

TbeniookiDg  upon  his  Paper,  he  began  his 
speeches  ioUows: 

<<  This  great  concourse  of  people,  do  not 
only  come  here  to  see  me  die,  lint  also  to 
hear  what  I  shall  say ;  but  because  I  would 
not  be  reproached,  and  thought  to  be  an  atheist' 
when  I  am  gone,  I  have  two  or  three  words  to 
apeak  for  my  religion.  I  do  beliere  in  three 
persons,  and  one  God,  and  I  expect  and  hope 
to  be  saved  by  the  merits^  and  righteooancfla  of 
las  Son  Christ  Jesus,  without  £e  hope  of  an 
advantage  by  any  merits  or  nghteouaness  of 
my  own.  An4  I  believe,  that  the  Scriptures 
of  the  Oldand  New  Testament  are  the  Word 
of  God ;  that  *  they  were  not  written  aocord- 

*  isf  to  the  jvill  of  roan,  but  holy  men  of . God 
^.vrrit  them  aa  they  were  inspired  by  the 

*  Holy  Ghost' 

**  1  believe  that  these  Scriptures  ought  to  he 
^  rule  of  our  fiatb,  and  tne.  methra  of  our 
worshipping  of  God  :  I  believe  that  as  Christ 
is  the  head  of  his  church,  so  he  is  their  law- 
giver; that  it  is  not  in  the  power  of  any 
.i^yoncil  or  concl»re  oC  cardinals,  or  power  upon 
earth  whatsoever,  to  set  up  the  precepts  and 
tiaditionaof  men,  and  to  maketnemofeqaal 
validity  wiOi %  woid  ^  God.    I  befieveit 


was  not  beoanse  the  Jews  reacted  and  wit* 
cified  Christ,  that  he  selected  them,  kit  be-» 
cause  they  rejected  his  word  3  which  ap- 
pears by  the  three  thousand  that  God  by 
one  Sermon  of  Peter's  converted  $  they  being 
*'  pricked  in  their  hearts,  and  touched  in 
'  their  consciences,'  cried  out,  *  men  and  bre* 

*  thren,  what  shall  we  do  P  And  they  weiw 
'that  day  added  to  the  church.'  U  wm 
certainly  because  the  Jews  r^ected  the  word 
and  gospel  of  Christ,  that  *  the  things  were 

*  hid  from   their    eyes   which  belonged   to 

*  their  peace.'  It  is  a  dreadfhl  tlung  to 
rmct  the  Word  of  God  ;  and  it  is  a  dread- 
ful thing  to  live  in  a  sinful  oourse  of  life,  till 
God  withdraws  his  spirit  from  us :  for  it  in 
said,  <  It  shall  not  always  strive  widi  man. 
'  Death  is  the  wages  ai  sin.'  I  believe,  had 
not  Adam  sinned,  he  and  we,  his  postecity, 
Ind  not  died.  Death  is  said  to  be  the  laaag  o£ 
Terrors  ;  but  it  is  only  so  to  those  that  are  terr 
rified  with  a  terrifying  conscience,  that  have 
the  arrows  of  the  Almighty  sticking  in  then, 
from  convictiona  of  great  guilt,  and  see  no- 
hopes  of  mercy,  have  no  assurance  of  pardon  ; 
but  those  that  are  Christ's,  he  takes  away  the 
terror,  and  horror,  and  sting  of  death  ;  he  en- 
ables them  to  say  with  Paul,  *  To  me  to  livn 
'  is  Christ,  and  to  die  is  yifain.'  He  enables 
not  only  to  get  unto  Christ,  but.  into  Christt 
and  so  they  have   *  communion  and  feUow- 

*  ship  with  the  Father  and  the  Son.'  li  is  ii» 
hard  matter  to  get  the  notions  of  the  pnMmse» 
of  the  gospel  into  our  heads ;  but  unless  ik» 
Lord  is  pleased  to  apply  them  to  our  hearts^ 
we  cannot  believe ;  except  we  be  in  Christ 

*  as  branches  in  the  vine,'  we  are  not  Chris- 
tians indeed.  It  was  the  case  of  poor  FrancMT 
Spira :  he  was  certainly  a  knowing  man,  b^ 
notwithstanding  he  had  not  ftith  to  apply  tibe 
promises.  Chpst  hath  said,  *  That  he  tnat  be- 
'  Heves  in  him,  though  he  were  dead,  yetr 
'  shall  he  live  ;  and  he  that  lives  and  believeoc 
<  in  him  shall  never  die.'  So  if  we ,  be  able  to* 
apply  the  promises  bvthe  spirit  of  God,  we* 
may  have  comfort  tnroogh  faith:  but  then 

*  ¥Mk  is  theC^ft  of  God,^and  *  Faith  cornea^ 
>■  by  hearing'  the  Word  of  God,  and  receiving  it; 
in  the  love  ofGod.^I  diaU  not  be  tedious, 
Mr.  Sheriff ;  I  iihaO  be  very  short. 

Mr.  Sheriff.  Tkke  your  own  time. 

Walcoi.  As  to  the  present  occasion  of  my 
death,  I  do  neither  blame  the  judges,  nor  the 
jury,  nor  the  king's  oouneil  \  I  only  blame 
some  men,  that  in  reality  and  in  truth  wer» 
deeper  concerned,  and  more  engaged  than  I. 
d^^une  in  as  witnesses  a^£?  me,  wh^ 
swore  me  out  of  my  life  to  saive  their  own  ;t 
and  who  ibr  lear  they  should  not  do  it  eflhe« 
tnaUy,  contrived  thi^  ^ffaich  I  will*  iippej|l  te' 
yon  all,  whether  there  be  a  probabSi^  in  it 
otnol ;  fbr  they  ssid,  that  I  nitde  it  a.8crvpfo 
of  conscience  to  have  a  kand  in  killing  the  Idng^ 
or  to  embmemyhandsinfais  YAooSy  hot  mm 
so  genenusas  to  undertake  the  chaigii^  fai^ 
gnuds  whilst otiien did  it,  and  to&eendaae- 
9nr  might  do  it   TMy  I  will  appeal  t»  41 


671]  STATE  TRIALS,  35  Charles  II.  1(583.— Tritf/  ofWiHiam  Lord  Fksull,  [jSja 


that  know  me,  whether  they  believe  me  so 
much  aoideot,  that  I 'should  not  undeititand  it 
i;r«8  the  same  thing  to  engage  the  king's 
guards,  whilst  another  killed  him,  as  to  uU 
him  with  m^  own  bands.  But,  however,  by 
their  sweanng  against  me,  they  have  secureil 
their  own  lives  and  estates,  and  made  my  blood 
the  price  of  theirs.  I  confess  I  was  so  unfor- 
tunate and  unhappy,  as  to  be  invited  by  colonel 
Bumsey  (one  of  the  witnesses  against  me)  to 
some  meetings,  where  some  things  were  dis- 
coursed of,  in  order  to  the  asserting  our  liber- 
ties and  properties,  which  we  looked  upon  to^ 
be  violated  and  invaded.  But  it  was  he,  and 
Mr.  West,  a(hd  some  gentlemen  that  are  fled, 
w^owere  the  great  promoters  of  those  meet- 
ings. I  was  near  a  quarter  of  a  year  ill  6f  the 
gout,  and,  during  that  time,  Mr.  West  often 
visited  me,  and  still  his  discourse  would  be 
'  concerning  X*  Lopping  the  two  sparks  ;'  that 
was  the  word  he  us^,  meaning  tne  king  and 
the  duke ;  and  proposed  it  m^ght  be  done  at 
a  play.  This  was  his  ftequent'disconrse ;  for 
he  said,  then  they  would  die  in  their  calling ; 
it  was  his  very  expression.  He  bought  arms 
to  do  it  with,  without  any  direction  of  mine ;  I 
never  saw  the  arms,  nor  I  never  saw  the  men 
that  w^re  to  do  it ;  though  they  said  they 
had  fifty  employed  tcfthat  end.  1  told  sevei'al 
of  them,  that  the  killing  the  king  would  carry 
such  a  blemish  and  stain  with  it,  as  would  de- 
soend  to  posterity ;  that  I  bad  eij^ht  chiklren, 
that  I  was  loth  should  be  blemished  with  it ; 
and  withal  I  was  confident  the  duke  of  Mon- 
mouth would  revenge  his  father's  blood,  if  it 
were  but  to  vindicate  himself  from  having  any 
hand  in  it.  Mr.  West  presently  tokl  me,  that 
the  duke  of  Monmouth  did  not  refuse  to  give 
an  engagement,  that  he  would  not  punish  those 
that  should  kill  the  king. 

*'  And  now  I  desire  to  forgive  aU  the  world 
from  the  very  bottom  of  my  heart ;  and  I  pray 
God  of  his  mercy  from  my  heart  to  forgive 
them,  even  Mr.  Sineppard,  who  delivered  me 
up,  who  promised  to  carry  me  into  Holhi'nd ; 
but  instead  of  that,  he  brought  me  into  the  con- 
dition wherein  I  now  am.  I  do  desire  with  all 
my  heart  to  forgive  the  witnesses,  and  witba), 
do  earnestly  beg,  that  they  may  be  observed, 
that  some  remaiks  may  be  set  updn  them, 
whether  their  end  be  peace,  and  that  the^  die 
the  common  death  of  all  men.  Certainly, 
thoiiffh  it  be  the  law  of  the  land  I  -ot^t  to  die, 
and  the  king  may  justly  and  reasonably  put  me 
to  deitfa  lor  being  in  those  meetinga  where  a 
war  was  debated ;  yet  I  think  these  men  are 
IpiiltV  of  my  Uood,  that  were  as  deep  in  as  I, 
and  nave  betrayed  me,  and  taken  it  away. 
Then  in  the  next  place,  I  bc^  leave,  mt. 
Sheriff,  to  speak  one  short  word  of  nulvice  to 
my  friends,  that  bath  been  often  given  to  me, 
thongh  I  wafe  not  so  fortunate  and  so  hap^  as 
totaxeh;  and  that  is,  that  they  would  neidier< 
hear  any  man  speak,  nor  sp^  Cbemsehres, 
that  which  they  would  not  have  rqwoted;  for 
there  is  no  saeh  tfauig  as.  faith  in  man  to  man, 
irtnterer  there  ii  in  man  to  God :  Either  the 

■ 


tears  of  a  wif^  or  a  family* of  little  helpless' 
children,  something  or  other,  will  tempt  and 
provoke  men  to^  betray  one  another.  When 
God  hath  a  work  to  do,  he  will  not  want  in- 
struments, for  he  can  make  them  ;  hor  will  be 
want  a  way  to  doit,  for  he  can  contrive  it,  and 
bring  it  to  pass.  And  1  do  most  heartily  desire, 
and  my  earnest  prayer  to  the  Almighty  is,  That 
this  may  be  the  l{ist  blood  spilt  upon  this  ac- 
count. I  know,  acts  of  indulgence  and  mercy 
in  the  king  would  make  him  much  easier  in  his 
government,  and  would  make  his  people  sit 
much  easier  under  it ;  and  that  the  Lord  may 
incline  his  heart  to  mercy,  ought  to  be  the 
prayerof  every  good  man.  What  hath  hap- 
pened, and  wliat  hath  been  the  present  occasion 
of  our  calamity,  I  suppose  every  man  knows, 
what  provocations  have  been  on  the  one  hand, 
fears  and  necessities,  jealousies  and  snfferinga 
of  the  other,  I  will  not  intermeddle  with,  re- 
solving to  use  my  utmost  endeavour  to  make 
that  peace  and  reconciUation  with  my  God, 
which  is  impossible  for  me  to  makewitli  man  ; 
and  to  make  it  my  hearty  prayer  to  the  great 
€rod,  before  whom  I  am  in  a  little  time  to  ap- 
pear, that  he  would  staunch  this  issue  of  blood, 
aod  find  out  some  other  way  to  preserve  these 
kingdoms  in  unity  and- peace  to  thejionour  and 
fflory  of  his  great  name,  and  the  eternal  com- 
rort  of  his  people. 

''One  word,  Mr.  Sheriff,  I  desire  leave  to 
speak  as  to  Ireland,  because  the  king  pressed 
it  hard  upon  me,  and  several  people  have  been 
with  me  about  Irdand,  how  far  Ireland  was 
concerned  in  this  matter.  I  am  very^'inclina- 
ble  to  beUeve,  could  4  have  charged  any  body 
there,  with  heine  engaged  in  the  matter  for 
which  I  suffer,  1  mi|%t  nave  had  my  life ;  but 
by  the  blessing  of  God  I  will  charge  no  man 
wi-ongfuUy,  no  not  to  save  my  own  life ;  and 
these  being  some  of  the  last  words  I  am  to 
speak,  I  do  aver  here,  as  in  the  presence  of  God, 
before  whom  I  am  now  going  to  appear,  that  I 
do  not  know  an  Englishman  nor  Prot»tant  ^n 
Ireland  engaged  in  it.  What  I  did  know,  was 
onlvofone  Scottish  gentleman  in  the  north;' 
and  the  lung  knows  it,  but  he  says  he  does  not 
believe  it.  For  they  that  were  concerned,  I  was 
never  in  any  of  their  councils :  I  never  saw  any 
of  those  lords  but  the  duke  of  Monmouth,  aod 
that  was,  I  believe,  above  six  months  aco.  I 
never  saw  nor  spoke  with  one  lord,  odTy  my 
lord  Howard,  i  heard  my  lord  Howard  say. 
That  they  did  not  value  Ireluid,  for  it  musl 
follow  England. 

«  I  have  no  more  to  say,  Mr.  Sheriff;  bat 
truljr  yon  will  do  an  act  of  a  great  deal  of  cha- 
rity if  you  will  prevail  with  the  king  for  an  ad 
of  indulgence  imd  liberty  to  his  people:  I 
think  80 :  And  so  the  I^rd  have  mercy  upon 


me. 


Dr.  Cartwrighi.  Youbhune  them  for  diat 
which  is  their  virtue,  and  not  their  crime  i 
that  they  have  been' witnesses  for  the  king. 

Walcit.  I  was  not  for  contriving  the  deatli 
of  the  king,  if  yon  will ' 


€79]  STATE  TMAIA  35  Cn^BLES  IM$83.-/«r  J^il  Ti-MJM. 


cer4 


Dr.  C0rtmrigkt4  You  bbme  tbcm  for  be- 
ftrajiDg  of  yoa  in  coDtrivuig  the  war.  upon 
wKuGh  the  <£eath  of  the  king  must  have  foUow- 
«d,  if  your  treason  had  ffone  forward,  for  else 
yoa  could  not  ha?e  defended  yourself  from 
that  justice  ^  which  he  .hath  brong^ht  yoa  ; 
and  therefore  for  yoa  to  lay  that  as  a  crime 
upon  yoor  witnesses,  is  indeed  very  strange. 


Walcot.    Sir,  I  think  it  was  but  reasonable,    duty. 


that  church  in  that  way  you  were  instructed 
from  your  youth. 

Walcot.  I  do  not  oome  here  to  dispute  of 
relfgion,  but  I  cAne  here  to' die  reli^ously^  if 
it  please  God  to  enable  rae. 

Dt*.  Cartforight.  I  pray  God  ^  enable  you : 
But  I  would  not  have  you  charge  that  as  a 
crime  upon  the  witnesses,  which  was  their 


that  I  should  suiTer  that  is  due  fromjusttee, 
and  reasonable  by  the  law ;  but  these  men,  tliey 
did  not  come  in  against  me,  till  they  did  it  to 
nve  tbemselTes. 

Dr.  Cartwrighi.  Better  late  than  nerer :'  A 
man  had  better  save  his  soul  and  body  too, 
than  die,  as  now  you  do,  for  crimes  that  ought 
to  make  every  good  mania  heart  relent;  and 
therefore  for  your  blaming  them,  it  was  for  that 
which  was  their  duty  to  do ;  they ,  have  not  i 


WaUot,  I  camiot  tell  how  to  ercuae  my 
witnesses  for  aggravating  thinss  against' me^ 
and  making  them  worse  than  r^ly  tney  were. 

Dr.  Cartwright  goin^  to  reply, 

WaUoi.  Ptay  Sir,  give  me  leave ;  for  a  man 
to  bfite  a  man  to  a  meeting,  to  importune 
him  to  this  meetioff,  to  be  perpetually  soliciting 
him ;  and  then  deuver  him  up  to  be  banged,  as 
they  have  done  me- 


,       ,  Dr.  Cartwright.   It  was  a  crime  to  solicit 

committed  a  crime  in  that,  but  a  very  merito-  I  you  to  those  meetiiigB ;  but  when  you  were  io^ 
-:        ^  j^  ^.^  ^  ^jj^  ^  y^^  ^^  j^  them  to  revttl  it: 


nous  act. 

Walcot,  They  have  revealed  it  with  that 
aggravating  circamstancey  which  I  think  no 
^tiond  man  will  be  guilty  of. 

Dr.  Cartwright.  That  drcumstanee  which 
yoa  call  aggravatipg,  is  no  aggravation  at  all ; 
put  is  rather  amitisation  or  your  crime,  to 
make  them  believe  mat  you  were  tenderer  of 
the  king's  person,  than  to  shoot  him  when  he 
was  not  armed.  But  you  confess  you  were 
consulting  this  crime. 

Waicot.  1  was  not  to  have  a  hand  in  the 
Id^'s  death.*  / 

Dr.  Cartwright,    But  it  was  proposed  when 
'  you  were  there. — Walcot,  It  was  so. 

Dr.  Cartwright,  And  it  was  agreed  to  be 
^ne. 

Walcot.  lVu(y  I  GO  nptknow  how  far  it  was 
i^preed;  I  was  there  many  meetbgs. 

Dr.  Cartwright,  These  many  meetings  you 
ooold  not  but  be  sensible  of. 

Walcot.  There  were  sieveral  meetings, 
wherein  the  business  of  the  king's  life  was 
never  spoke  of.  « 

Dr.  Cartwright.  That  was  agreed  A  those 
meetings ;  batyou  had  a  tenderer  conscience. 
Walcot.    1  say,  they  were  for  asserting  our 
liberties  and  properties. 

Dc  Cartwright,  I  would  fain  have  you  ex- 
plain that. 

Walcot.  Truly,  Sir,  since  you  press  me  to 
ipeak,  we  vpere  under  general  apprehensions, 
and  so  were  those  lords  mat  are  likely  to  suffer, 
as  I  have  heard;  they  were  under  general^ 
apprehensions  of  popery  and  slavery  coming 

in. 

Dr.  Cartwright.  What  sign  was  there  of  it? 
You  had  DO  persecution  at  all ;  you  were  al- 
lowed by  law  to  meet  five  in  a  house,  besides 
those  of  the  family.  It  is  true,  the  convsn- 
tides  have  been  disturbed  of  .late,  and  I  would 
have  yon  look  upon  it  as  a  judgment  of  God  to 
bring  ypu  to  this  for  forsaking  die  church  of 
Hn^and :  Yon  have  forsaken  communion  ^th 

*  See  the  observations  of  Bfr.  Fox,  as  ^piotsd 
lareafter  in  Rumhokl's  Case»  a.^d.  1686. 


If  God  had  given  you  the  grace  to  reveal 
them,  the  turn  had  been  theirs,  which  now  is 
yours.  And  whereas  you  say  you  cannot  ex- 
onse  them,  that  is  uncharitable. 

Walcot.  I  do  forgive  them,  and  1  d<»W 
with  aD  my  heart  G<m  would  forgive  them. 

Dr.  Cartwright.  You  confess  you  were 
gu&ty  enough  to  take  away  your  life  * 

Walcot,  I  was  so.  The  same  measure  we 
mete  to  another,  that  measure  God  will  mete 
to  us :  Then,  Sir,  (  do  leave  it  to  God. 

Dr.  Cartwright.   Then  you  pray  this  nuj 
be  the  last  blocS  spilt  upon  this  account? 
Wfikot,  I  do  so. 

Dr.  Cartwright.  Would  you  not  have  trai- 
tors brought  to  their  end  P  You  talk  of  spilling 
blood;  if  as  if  it  were  innocent  blood  now  spilt^ 
when  yon  do  confoss  and  own  the  guilt.  jBufc 
I  will  give  you  no  farther  disturbance,  but  my 
prayers  to  Almighty  God  for  you,  that  God. 
would  giro  you  mercy. — And  then  turning  to 
Hone, 

Dr.  Cartwright,  Mr.  Hone,  give  glory  to 
God,  and  unburden  your  conscience;  for  you 
have  bat  a  short  time  to  stay  here. 

Hojie,   I  have  nothing  farther  to  saj,  hut 
that  I  have  been  guiHy  of.the  crime. 
Dr.  Cartwright,  You  are  so. 
Hone,  Yes,  1  am  guilty  of  this  crime  aecord- 
ingto  the  law  Of  the  land. 

Dr.  Cartwright.  Aye,  and  according  .to  tha 
law  of  God.— Ifone.  Yes. 

Dr.  Cartwright.  Yoa  say,  aecording  to  the 
law  of  the  land,  a  man  may  be  sworn  out  of 
his  life  hy  false  witnesses ;  but  ^u  vi^ere  guilty 
of  conspuring  Uie  death  of  the  lang,andjraising 
an  insurrection. 

Hohe,  Truly  I  lAust  say,  as  the  captain  well  . 
minded,  I  was  drawn  in.  ''Thou  sawest  a 
*  thief,  and  thou  consentedst  with  him :'  So  I 
say,  that  1  was  drawn  in :  I  saw  the  thief,  and 
consented ;  I  have  looked  upon  myself  since 
to  be  the  more  guilty  of  blooa,  and  my  circanu 
stance  was  to  be  drawn  in,  and  ensnared ;  for 
I  never  was  at  any  of  their  meetings,  none  of 
their  cabals,  but  in  a  public  coffee-house  ^r 
2X 


675]  STAT£  TRIALS,  35  CHARtts*!!.  iSsJ.-^IVto/  of  WitUiim  Lord  RusuU  [€f 6 

rarions  emptnytncnts  llial  I  liarre  been  eter- 
cised  in,  both  here  aod  beyond  sea:  it  has  been 
itiy  lot  to  h\\  under  sadi  ctrcnmstancet  and  sach 
misrepresentation^  and  censures,  upon  the  ac- 
count of  some  public  emptoyments  that  1  hav* 
been  ih  for  the  king,  kod  ai ter  I  returned  from 
Flanders,  upon  tlie  accm^nt  of  disbanding ;  St  was 
almost  xnorally  imj)Ossib!e  for  such  a  one  in  my 
Capacity  to  stand  right  hi  the  affections  anO  opi- 
nious  of  all  ueople.  'When  I  was  ennployed  m 
Flanddrs  in  the  pay  ment  of  that  army,  I  was  then 
between  two  rocks ;  I  will  le&re  it  to  the  judg- 
ment of  all  sorts  of  people.  You  know  torn 
country,  I  need  not  particularize,  nor  reflect 
upon  opinions,  and  the  Hke.  But  I  having 
been  bred  up  in  England,  and  had  that  educa- 
tion it  pleased  G6d  to  mve,  I  was  not  fond  of, 
nor  carried  off  with,  Siat  debauchery  in  those 


tavern,  where  they  discoursed  the  matter  of 
'Ihct ;  and  I  waisrto  meet  the  kiocf  ahd  the  duke 
of  York,  but  1  did  not  know  ^t  tnat  time  when, 
or  where,  nor  what  was  my  business. 

J)T,Cartwright.  But  you  were  to  assist? 

Bone.  Yes,  I  promised  that,  to  assist. 

Dr.  Curtwright.  Do  you  beg  God  and  the 
king's  fbrgiveness  for  it  from  the  bottom  of 
your  heart,  that  you  have  been  gnilty  of  this? 
'  For  if  the  blind  lead  the  bliiidTboth  shall  fall 
*  into  the  ditch ;'  as  well  he  that  leads,  as 
he  that  is  led,  although  he  that  leads  may  fall 
deeper.  There  are  circuiinstances  make  one 
man^s  crime  greater  than  another ;  the  great- 
ness of  theii's  does  not  lessen  yours. 

Bone,  I  believed  that  then  I  was  very  near 
another  snare :  I  was  resolved  to  go  down  into 
tlie  country,  and  not  meddle  in  the  thin^  at  all ; 
and  had  been  in  the  country,  but  meeting  with 
Keeling,  (I  freely  forgive  nim  for  whatsoever 
is  done)  he  called  Uic ;  and  discoursing  with 
hiin,  I  did  say  I  was  for  killiug  the  king,  and 
saving  the  dujce  of  York 

Dr.  Cartxcrieht.  Why  was  you  for  saving 
the  duke  of  York? 

Hone,  I  do  not  know  what  to  say  as  to  that: 
T^ere  was  no  reason. 

Dr.  Carttrri^ht,  What  was  your  own  pri- 
yate  reason  for  killing  the  king,  and  saving  the 
duke  of  York? 

Hone.  As  to  that,  I  think  tliis :  Tliat  the 
duke  of  York  did  openly  profess  himself  to  be 
a  Koman  Catbohc,  and  I  did  say,  1  had  rather 
dispose  of  the  king  than  the  duke  of  York. . 

Dr.  Curtwright.  Had  yoii  rather  a  Papist 
should  rei^  over  us,  as  bun  you  take  to  be, 
than  the  king? 

Hone.  I  do  not  know  what  to  say  to  that. 

Dr.  Cartwright.  That  does  deserve  a  reason, 
Mr.  Hone ;  you  ought  to  give  some  reason  of 
that;  you  cannot  but  have  some  reason. 
If  you  had  a  desinrn  to  kill  the  duke,  and  save 
the  king,  then  it  might  be  to  prevent  popery; 
but  you  say  the  quite  contrary.  God  in  Hea- 
ven forgive  you  lor  your  murderous  design ! 
^  Hone.  I  know  as  little  of  this  as  any  poor 
silly  man  in  the  world  ;  I  was  fain  to  gather 
Jt ;  Iliad  it  not  so  downri'jht ;  I  waS  drawn 
into  it ;  however,  I  am  now  to  die  :  As  for  the 
TvitncssGS,  I  desire  the  I^ord  to  forgive  tljem. 

Dr.  Cariicright.  They  have  not  wroiiged 
yon,  they  have  ilone  their  duty. 

Dr.  Carta  ri^ht .    Rouse,  VVhaCsayyou? 

JRo7/se.  "  hfi  a  ir.an,  and  a  christian,  in  the 
first  place,  as  God  hath  made  me  a  christian 
through  his  grace,  that  the  world  nriay  under- 
itand,  that  I  do  not  die  a^  captain  Walcot  saj's, 
an  Atheist ;  I  do  here  declare,  in  the  presence 
of  God,  and  this  vast  iijiuber  of  people,  what 
faith  I  die  in :  in  that  very  faith  which  was 
once  delivered,  and  in  the  belief  of  that  doc- 
trine which  the  church  of  England  makes  pro- 
fession of,  and  is  agreeable  to  the  word  of  God, 
toeing  founded  upon  the  doctrine  of  the  pro- 
phets and  apostles,  whereof  Jesus  Christ  Is  the 
corner-stone.  There  have  been  various  opi- 
niotts  coQcermog  me,  opoa  the  acconnt  of  the 


times;  and  sometimes,  more  than  once  or 
twice,  it  was  my  lot,  tiiat  1  was  like  to  bare 
been  murdered  tor  pleading  fbr,  and  nist^ring 
the  actions  of  the  king  of- England,  mnce 
my  return,  and  being  employed  nnder  mr 
Thomas  Player,  and  some  others,  abcrait 
disbanding,  there  it  came  to  my  lot,  because 
I  could  not  humour  some  gentlemen,  wfae 
neither  feared  God  nor  honoured  the  kfng, 
(1  will  not  say  so  of  all ;  for  1  know  w>me  were 
very  worthy  gentlemen,  that  scorned  anyet 
those  actions,  wMcli  some  w»uM  attempt. 
There  is  one  worthy  gentleman  I  cm  spML 
yery  konourabhr  oQ  ^^  so  they  might  nave 
their  pockets  full  of  money,  did  not  vwoe  bow 
the  accounts  were  stated ;  and  at  the  very  same 
time  I  was  under  many  temptations,  orhand- 
fols  of  guineas  in  my  nand  to  do  so  and  so,  to 
cheat  the  king :  and  because  I  would  not  lin 
that,  I  was  loOKed  upon  as  a  Jesuit.  I  did 
waive  all  thesethings  under  those  circnmstanoei. 
It  hath  been  ray  lot  likewise,  being  employed 
by  sir  T.  P.  and  the  rest  of  the  commiasionen, 
to  fall  into  those  companies  and  places  where 
my  lord  Shaftesbury  and  others  have  be<m ; 
and  have  had  s^me  kind  of  disconrse,  whidi 
was  not  treason,  but  rather  a  thing  that  I  ever 
abhorred  and  declared  a  detestation  of.  Since 
these  hurly-burlics,  concerning  parliaments 
goinor  off  and  coming  on,  did  discontent  the 
people  upon  one  account  or  another,  I  confeM 
I  have  been  a  hearer,  and  have  understood  too 
much  of  some  kindofmeetingSj  which  I  pray 
Got]  forgive  them  for,  and  especially' those  tint 
call  themselves  Protestants,  being  ten  thousand 
tin;eA  Vvor;e  than  any  others.  That  there 
have  been  such  kind  of  designs,  and  meetings, 
auddubs,  I  have  not  been  ignorant  of;  God 
forg-ive  me  that  I  have  not  been  as  carefid,  and 
as  diligent,  and  as  ready  and  forward  to  £i» 
cover  It  a  great  while  since !  That  I  ever  had  e 
hand  in  it,  or  the  least  thought,  or  reaolntiott, 
or  intention,  to  appear  in  it ;  hut  rather,  on  the 
contrary,  have  declared  my  opinion  against  H 
both  in  the  sight  of  God  and  man,  as  a  brea^ 
of  the  laws  of  God,  and  the  Taws  of  the  land, 
and  contrary  to  our  duty,  who  are  bound  to 
pray  for  the  icing,  and  all  that  are  in  authority, 
1  do  declare,  in  the  presence  of  Ood,  I  am  e 


£171         STATE  TRIAL3,  35  CHAELEa  II.  \6S3,^/ar  High  Treastm. 


im 


perfect  stranjfer,  and  I  ^hank  God  my  consci.  ]  as  to  bfreak  off.    1  always  looked  anon  him  aa 


ence  is  clear.  I  liaTt  acquaioted  his  majesty 
IQ  counsel,  and  I  have  had  the  honour  to  be 
admitted  into  his  majesty's  presence  in  private 
almost  half  an  hour,  on isatarday  was  se'nnight , 
where  I  was  as  clear  and  above-board^  and  as 
fiiithful  to  his  majesty,  as  I  could  be.  in  an 
humble  manner,  according  to  my  duty ;  wher^ 
I  offered  to  have  some  time  and  place  allotted, 
that  I  might  give  lum  a  whole  scheme  of  the 
badness ;  for  there  were  k  great  many  gentle- 
men that  had  a  rtepect  for  me.  It  was  their 
opmions,  tliat  I  had  a  general  knowledge  of  all 
the  clubs,  and  all  the  designs,  that  ever  were 
since  the  king  came  in ;  but  they  were  under  a 
mistake.  I  gave  his  majesty  an  account  to 
the  best  of  my  knowledge ;  and  when  I  had 
doner  his  miyesty  seemed  to  be  pleased,  and  to 
thank  me  fbr  it ;  but  before  I  bad  power  to  put 
ii  in  writing,  and  wait  upon  his  majesty,  the 
p|t>videnoe  of  God  did  so  order  it,  the  council 
thought  it.fit,  that  I  should  be  committed  to 
prison,  where  1  was  some  days.  I '  have  had 
more  kindness  among  Heatnens  and  Indians, 
I  pray  God  to  forgive  them  for  it :  I  had  not 
liberty  to  send  to  my  wife,  big  with  child  in 
two  days,  where.  I  was. 

**  Sir,  I  shall  not  hold  you  in  suspence,  and 
nuhinly  words,  but  what  is  most  proper  to  this 
occasion.  What  I  have  given  to  his  majesty 
in  council  and  what  I  have  spoken  to  his  majesty 
in  private,  is  nothing  but  the  naked  truth  to 
clear  my  own  conscience,  that  I  may  not  go 
outof  the  world  with  any  thing  upon  me:  I 
wish  those  that  call  themselVes  Protestants 
would  discharge  their  duty  better  to  God  and 
the  king,  than  either  I  or  the  best  subject  ever 
did.  Ihave  looked  upon  it  as  an  o£ligation, 
ever  since  I  kner^  what  it  was  to  be  a  man,  to 
carry  myself  obedient  to  those  that  God  basset 
ove^me,  especially  the  king,  and  those  that 
are  in  authority ;  and  1  have  made  it  my  prac- 
tice to  piray  for  the  king,  as  for  my  own  soul. 
That  it  ha^  hpen  my  Tot  to  be  acquainted  %vith 
those  vanities  of  clubs,  and  persons,  no  rational 
man  will  wonder,  considering  the  circumstances 
^nd  places  t  was  called  to.  fhere  is  one  par- 
ticular gentleman,  Mr.  Sheriff,  I  must  desure 
the  &vonr  to  clear  myself  hy  something  that  I 
took  occasion  to  speak  of  yesterday.    I  did  &c- 

2uaint  yon,  Mr.  Sheriff^  with  what  I  had  spoken 
>  the  king,  howl  was  interrupted  in  the  fur- 
ther discovery  of  what  I  had  a  mind  to  say. 
What  was  further  said  yesterday,  it  was  no- 
thing but  the  naked  truth :  in  the  first  place 
9S  to  what  was  afterwards  discoiirsed  of,' as  to 
flooae  particular  persons,  namely  and  particu- 
larly ar  Thomas  Plaver,  I  must  do  justice  to 
all  the  world.  That  ne  hath  been  ae(]^uaint^ 
irith  die  lord  Shafiesbnry  none  here  will  w;on- 
^er;  but  that  he  hath  been  very  shy  of  his 
company  since  be  came  out  of  the  Tower.  For ' 
)be  told  me  many  times  he  never  was  in  his 
(company  but  once  ;  for  he  did  not  like  some 
things,  and  saw  s6me  designs,  that  he  was  afraid 
wiere  fWif  on ;  and  thereui>on  sir  Thomas 
yiaj€t  was  $Q  umnioafi  and  honest  to  the  kiDg 


a  very  loyal  subiect,  and  1  mustdedare  in  the  ' 
presence  of  GoJ,  and  all  these  people,  I  never 
heard  him  speak  one  dishononrsi)]e  word  of 
the  king  ;  what  he  may  have  had  with  otiie;^, 
is  best  known  to  himself.    I  have  b^eu  in 
several  clubs  eatings  and  drinking,  where  it  has 
been  discoursed  to  accommo<]ate  the  king's 
son,  the  duke  of  Monmouth.    That  there  was 
a  design  to  set  up  the  duke  of  Monmouth, 
I  will  not  say,  while  the  king  reigns';   th.^gh 
some  extravagant  hot-headed  men  have  taken 
upon  them  to  discourse  these  things,  but  not 
arty  worthy  man ;  I  know  those  that  vrcre 
worthy  to  be  called  by  that  name,  have  dc: 
dared  in  my  hearing,  that  in  opposition  to  the 
duke  of  York,  if  the  king  be  seized,  they 
should  stand  by  the  dUke  of  Monmouth.  There 
ai'e  others,  (I  will  not  give  nick-names  to  any ; 
yon  are  wise  men,  and  Know  what  f  mean  by ' 
speaking  in  the  general^  that  were  for  a  com- 
monwealth ;  ana  some  tnere  were,  two  or  three 
persons,  (I  shall  be  as  plain  as  I  can,  and  I  bone 
you  win  bear  with  me,  since  it  came  to  my  lot 
to  come  to  the  knowledge  of  it ;  some  were) 
for  the  duke  of  Honmoutn,  some  for  a  common- 
wealth, and  some,  but  very  few,  nwt  worth 
naming,  were  for  the  duke  of  Bucks :  But 
that  I  think  fell  at  last  1)etween  these  two, 
bein^  the  greater  part,  as  tar  as  I  did  apprehend 
by  discoursing  here  and  there  in  the  city, 
wnich  I  did  very  frequently  do.    But  the  way 
of  these  gentlemeu's  discoursing  these  things 
was  only  one  at  a  time,  especially  a  very  ^in- 
dustrious gentleman,  that  hath    made  it  his* 
practice  a  long  time,  (for  it  hath  been  my  lot 
to  be  acquainted  but  two  months,  and  that  too 
long)  which  is  the  witness  that  coVnes  against 
and  I  pray  God  to  forgive  him,  and  I 


me 


blame  him  not  for  discovering  me,  but  for  the 
words  he  spake  himself,  by  way  of  instiea^ng 
me  to  enter  into  a  design  against  the  king  ; 
they  were  his  own  words,  and  not  mine.     1 
blame  him  not  for  discovering  any  thing  where- 
by the  kmg  may  be  served.  H e  did  tell  me  seve- 
ral times  there  were  clubs  in  London,  but  I  could 
never  get  outof  him  the  places  where  the  clubs 
.  were.  Yet  I  endeavoured  what  pbssibly  I  could 
to  come  to  the  bottom  of  that  design  ;  for  my 
int«nt  was  to  make  a  faithful  and  true  discovery  " 
that  I  might  not  go  to  Whitt^itall,  or  ajusticeof. 
peace,  with  an  idle  story,  or  a  sham  ;  But  at 
last  I  got  out  of  them  tliat  Rich.  Goodenough 
was  chiefly  instrumental :  This  was  a  very  few 
days  before  notice  was  given,  that  this  certain 
person  Thomas  Leigh  the  dyer,  was  sworn 
against  by  one  How :  I  asked  him  the  mean- 
ing ;  He  told  me,  that  How  was  a  very  rascal. 
I  asked  I^igh,   Sir,  what   course    shall   be 
taken  ?  For,  what  by  the  Doctors-commons  of 
the  one  hand,  and  wtiatby  the  persecutions  of 
the  other,  we  must  think  of  a  way   how  to  re- 
lieve it.    There  is  some  design  in  hand,  says  - 
Leigh  :  don't  you  know  ;  No,"  said  I,  I  would 
he  glad  to  hear,  there  is  an  invasion,  said  he 
going  on,  a  design  against  the  king  and  the  go- 
temmeiit ;  bat  that  was  only  a  faUacy ;  but  he 


679]  STATE  TRIALS,  35  Charles  II.  1683.— Trml  of  mUiam  Lord  liusHtt  [680 

tain,  one  Blague,  who  was  my  /Krraiit  tweDtj 
one  years  ac o  in  Virginia :  he  nath  been  a  Ter^ 
faithful  and  honest  servant,  I  belieTe  to  bM 
inuesty  for  these  fifteen  yean,  and  particu- 
larly  five  years,  in  three  of  his  majesty's  men 
of  war.  i  know  very  well  the  man  is  of  such 
a  princi|>le,  that  he  abhors  ifi  engage  in  any 
wicked  design.  But  only  Loigh  disc^orsiiig 
at  random  about  taking  the  Tower,  captain. 
Blague  gave  this  answer  (for  he  is  a  Yery  jocu- 
lar noan  :)  If  I  were  of  a  mind  to  take  it,  were 
it  for  the  service  of  the  king,  if  there  were  an 
euemy  coming  in,  saith  he,  I  would  with  six 
ships  well  mann'd,  and  armed  with  gana,  van- 
dei'take  to  take  the  Tower.  Upon  what  ac- 
count he  said  it,  I  donH  now  know  ;  but  I  be- 
lieve in  my  conscience  he  had  no  more  design 
to  put  such  a  thing  in  practice,  than  I  have  U> 
cut  my  own  throat  at  present.  Captain  Blague 
had  beard  these  discourses  pro  and  corif  saith 
he,  two  or  three  hundred  men  would  do  it:  It 
is  weak  in  such  a  place :  I  wonder  his  majesty 
does  not  make  it  stronger.  Now,  when  lie 
came  to  swear,  as  soon  as  he  was  taken  up«  he 
took  occasion  to  swear  against  me,  au  the 
discourse  he  used  in  pressing  me  to  undertake 
this  design." 

Sheriff  Rich.  Fray,  if  you  have  any  thing 
that  was  not  told  in  court,  discover  it,  but  you 
need  not  go  over  that  which  was  in  court. 

Rouse.  Mr.'  SherifT,  I  have  nothing  at  all  to 
say,  either  to  blame  the  judges,  or  the  jurv,  or 
the  witnesses  themselves,  the  greatest  of  ail.  I 
thank  God,  I  was  not  any  way  to  have  bad 
any  hand  in  it :  but  the  very  words  themselves,, 
that  came  out  of  his  moutn,  he  makes  me  the 
author  of;  but  I  freely  foi^ve  him,  as  I  de- 
sire God  would  forgive' me :  though  be  did  tdl 
me  positively  there  were  five  hundred  arms  to 
be  brought  out  of  the  country.  I  heard  of 
such  a  thing,  I  confess,  here  and  there ;  but 
could  never  know  the  authors  of  it,  nor  the 
clubs  wh^ne  it  was  discoursed :  it  was  lately  that 
he  told  me,  Goodenough  told  him,  that  the 
king  was  to  be  taken  off  as  he  came  from 
Windsor ;  that  tliere  were  several  thin^  jbo  be 
done  in  order  to  it  \  that  they  wanted  a  place  of 
meeting:  and  some  thought  of  Salisbury-Plain^ 
and  some  of  Black- heath,  but  the  most  con- 
venient place  pitched  upon  was  Black -heath. 
They  were  discoursing  how  to  gather  the  peo- 
ple together  ;  some  were  for  communicatiDg  it 
privately,  others  for  a  ball.  They  asked  my 
thoughts :  said  I,  The  best  way  will  be,  if  yoa 
throw  up  a  silver  bedl,  to  get  tne  people  t<^- 
ther :  for  my  design  was  to  ffct  wnat  I  could 
out  of  !!•(  t/i.  ThereupoQ  ne  went  to  Mr. 
Goodenj..^h,  and  discoursed  him,  and  told 
him,  that  my  opinion  was,  to  throw  up  a  silver 
ball,  and  declare,  all  those  that  will  come  and 
drink  a  bowl  of  punch  shall  be  welcome ;  and 
tliat  by  this  means  diey  would  have  gathered 
thirty  or  forty  thousand  men  in  two  or  three 
days  time,  which  otherwise  would  have  been  a 
fortnight  adoinff:  but  for  himself,  I  will  not 
blame  liim,  nor  Iny  any  thing  to  his  charge  ef 
which  he  is  not  guilty.     I  must  needi  giT« 


disoovered  afterwards  to  me,  that  there  wbs  a 
resolution,  and  a  certain  number  of  people  about 
the  city  and  the  nation,  to  make  an  attack  upon 
the  Tower  ef  London,  upon  the  city  of  London, 
upon  Whitehall,  and  upon  St.  James's :  I  said, 
M'hat  do  you  design  then?.  Have  a  care  that 
\ou  donH  shed  more  innocent  blood ;  for  the 
land  is  stained  with  blood  too  much  already! 
No,  saith  he,  the  resolution,  as  Mr.  Goodenough 
saith,^  is  not  to  spill  a  drop  of  blood,  hut  only 
to  secure  the  king's  person,  diat  the  papists  do 
not  kill  him  \  and  then,  saith  he,  we  will  deal 
with  the  duke  of  York  as  we  please.  They 
were  his  own  words,  to  the  best  of  my  remem- 
brance. Afterwards  this  gentleman  was  sworn 
against  by  one  Mr.  Keeling  in  Bast^Smithfield ; 
saith  he,  he  is  a  rogue  and  a  dog,  and  I  have  seen 
him  but  once  these  nine  months,  aiid  I  had  no 
discourse,  but  only  drank  a  glass  of  drink ; 
which  proves  since  to  the  contrary.  Being 
then  in  company  at  tlie  King's -head  tavern  in 
Swithin's-aDy,  near  the  Exchange,  news  was 
brought,  he  was  sworn  against :  He  did  not 
know  what  to  do,  but  fouim  out  a  place  near 
London- wall^  and  desired  me  to  go  to  one  or  two 
about  the  matter  ;  he  knew  not  how  to  obscure 
himsdi^  tiiiis  house  was  beset,  messengers  after 
him,  and  likewise  a  kind  of  judgment  or  exe- 
cution i  how  to  put  both  ends  together,  he 
knew  not.  I  told  dim,  if  he  would,  I  had  a 
bjEfd ;  he  might  go  to  my  house.  I  never  heard 
a  word  from  Rich.  Goodenough,  one  way  nor 
another,  of  any  design  against  the  king  and 
the  government,  whom  I  have  known  this 
seven  years  ;  only  this  Lee  told  me,  his  hand 
was  as  deep  as  any  other.  It  is  true,  this  gen- 
tleman comes  and  swears  against  me,  that  I 
diould  be  the  only  person  to  engage  in  taking 
the  Tower  of,  London.    Sir  John  — 


—  you 
know  very  well  in  what  capacity  I  have  been, 
and  how  very  uncanable  I  was  in  my  person  to 
take  the  Tower  of  London.  I  speak  in  the  pre- 
sence of  God,  before  whom  I  am  to  appear  in 
a  few  minutes,  I  never  had  any  such  thought, 
never  had  any  such  desire,  never  consulted 
with  any  persons  of  quafity,  never  discoursed 
ef  ^y  anns  in  order  to  it';  but  only  this  I 
was  saying.  Tliis  fellow  being  set  on,  (and  I 
think  a  mure  proper  person  than  any  man  in 
the/ivorld)  for  that  he  was  a  little  low  in  the 
world,  he  was  under  a  temptation  of  being 
thrown  out  by  an  Anabaptistical  church,  for 
flome  kind  of  failings ;  he  was  under  a  temp- 
tation to  m&ke  himself  somebody  ',  therefore 
he  did  close  with  Mr.  Goodenough,  and  some 
ethers;  and  when  the  first  procl^ation  came 
tfbrth  hie  himself  told  me,  (I  never  knew  it  be- 
fore) that  Bumsey,  rapt.  Walcof,  Nelthrop,  and 
Goodenough,  and  West,  were  concerned  m  this 
design ;  he  was  the  man  told  me ;  And  when 
the  second  proclamation  came  out,  then  he 
could  tell  me  of  those  too  ;  I  told  him  he  was 
a  wretch  he  had  not  discovered  it  betimes.  As 
to  bis  swearing  against  me,  for  whicli  God  for- 

f'lve  him,  that  1  had  a  hand  in  taking  the 
ower  of  London ;  the  thing  is  this :  He  knew 
I  was  intimately  acquainted  with  a  certain  cap- 


6811 


STATE  TRIALS,  35  ChaeIqi^  II.  lfi83.— /i)r  Hi^  Trea$on. 


[682 


lum  lus  due.  I  do  not  remember,  tttat  ever  be 
insisted  upon  shedding  of  blood  ;  but  that  be 
batb  discoursed  in  very  opprobrious  terms,  and 
base  langua^^  of  the  duke  of  York,  by  calling 
huB  rogue  and  dog,  and  such  things.  And 
that  we  will  do  his  worjc :  that  is  true.  And, 
&at  after  the  king's  decease,  the  duke  of  Mon- 
mouth, having  a  vog^e  with  the  people,  must 
of  necessity  succeed.  I  cannot  tell  wbat  I  can 
lay  more  as  to  that ;  that  is  the  chief  thing  I 
have  to  say,  if  I  have  not  forgot  any  thing. 

Sheriff  iZtrA.  Mr.  Rouse,  you  would  do  well 
to  name  those  persons  that  were  with  you  in 
that  consultation. 

Rouse.  There  was  no  consultation  at  all,  Sir. 
That  I  had  was  from  this  Thomas  Lee's  mouth 
liimself^  That  there  were  five  hundred  arms  to 
he  brought  in :  that  he  bad  it  from  Richard 
Goodenou^h,  and  Neltbrop,  and  Mr.  West ; 
and  that  Mr.  West  particulaily  knew  from 
whom  these  arms  were  to  come ;  for  be  gave 
me  a  hint,  that  part  of  the  arms  were  bought 
.by  Mr.  West. 

Sheriff  RtcA.  Whoproposedthe  way  ofthe 
baH? 

Jioifs^.  Sir,  he  was  saying,  there  were  se- 
veral propositions  made  in  the  club  where 
Goodenough  was,  and  some  thought  of  one 
way,  and  some  another ;  but  they  could  not 
find  out  a  proper  way.  Saith  he,  what  do  you 
think?  Said  ]!,ifthe  people  meet  together,  they 
may  throw  up  a  ball ;  just  in  that  careless  Way 
I  said  so.  So  he  came  to  me  afterwards,  and 
said,  that  he  had  discoursed  with  Mr.  Good- 
enough,  aod  Mr.  Goodenough  tdld  him,  that 
there  were  forty  thousand  pounds  in  bank,  and 
if  such  a  ball  cost  thirty  or  forty  pounds,  it 
mattered  not,  to  carry  on  such  a  design  as  that 


was. 


Here  Captain  Wahot  spake. 


Cant  Wahot,  Sir,  I  desire  you  to  take  no- 
tice or  this,  among  other  things,  that  so  far  as  I 
ever  heard  of  this  business,  it  is  of  no  longer  a 
date  than  August  or  September  last :  1  would 
not  have  this  consequence  of  it,  so  as  to  stifle 
the  Popish  plot.  i 

Sheriff'.  Do  you  know  any  thing  of  the  Po- 
pish plot,  that  hath  not  yet  l>een  discovered  ? 

Walctft.  No,  Sir. 

Hone:  I  had  but  the  knowledge  in  March 
last  of  this  business. 

Walcot.  I  do  not  know,  nor  ever  heard,  that 
k  was  oldo*  than  August  or  September  last. 

Sheriff.   Ordinary,  do  your  office. 

Ordinary  to  WalcOt.  Have  you  fully  dis- 
charged your  conscience  ? 

Walcot.    I  have.  ^ 

But  it  being  said,  that  AotiM  was  interrupted. 

Sheriff  North.  If  you  have  any  thing  to  say, 
Mr.  Rouse,  go  on,  but  do  not  make  repetitions. 

Who  pull'd  his  Paper  out  of  his  pocket,  and 
look'd  on  it. 

Home.  He  declared  further,  Mr.  Sheriff, 
Hut  whea  oace  the  thing  came  so  far,  that  the 


Tower  and  the  city  were  taken  and  so  many 
men  gathered  together,  they  would  quickly  in- 
crease ;  and  the  method  was  to  go  to  White- 
hall with  swords  in  th^r  hands,  and  to  demand 
privileges  and  liberties,  not  to  take  away  the 
kin^'sute,  but  only  let  the  duke  of  York  look 
'  to  It :  for  he  was  resolved  upon  it,  that  he' 
should  not  succeed  the  king.  Then  he  de- 
livers another  paper,  being  his  petition  to  the 
king,  and  some  more  notes  in  short-hand; 

Ordinary.  Have  yott  fully  satisfied  yoot 
conscience  ? 

Rouse.  I  hare,  Sir,  a  word  or  two  to  apeak 
to  the  people.  I  have  dischargad  my  oon- 
science,  as  to  any  thinsr  as  to  what  1  was  ac- 
quainted with.  It  had  been  happv  for  me,  if  I 
had  not  heard  of  it ;  but  that  I  had  a  hand  in  it, 
I  fiiank  God,  I  am  free. 

Dr.  Cartwright.  Yon  had,  a  hand  in  the 
concealing  ?— Boiue.  That  I  had. 

Dr.  Cartwright.  And  in  maintaining  the 
correspondency  without  discovering  it,  and  yoa 
do  diminish  your  crime. 

Rouse.  No,.Sir,  I  don't  desire  it.  Mr.  Sbe« 
riff,  I  do  freely  acknowledge  and  confess,  that 
it  is'just  in  God  in  the  first  place,  and  righteous 
and  just  in  the  king,  tbntl  die;  and  that  I  die 
justly  for  concealing  it.  I  would  lay  no  blame 
upon  the  king,  nor  any  other  person  in  the 
world.  I  did  pot  conceal  it  upon  any  account 
to  his  miyesty's  preiudice,  j^or  any  man  in  the 
nation ;  I  hope  God  will  give  more  grace  to 
those  persons  that  do  succeed.  I  beg  a  word 
or  two ;  I  had  almost  forgot,  as  a  man,  and  as  a 
Christian,  That  it  is  a  thing  of  such  evil  conse- 
quence, I  haVe  found  it  by  bitter  experience 
now,  for  such  and  such  pubKc  places  to  be' 
visited,  especially  by  those  that  are  professors 
of  the  Protestant  reli^on,  and  particularly 
coffee-houses,  where  it  is  very  well  known  too 
much  time  is  spent,  and  families,  and  wives, 
and  children,  suffer  too  much :  I  pray  God  the 
people  may  take  notice  of  it,  and  lay  it  to 
neart,  that  spend  their  time  so,  thinkmg  it  is 
but  a  penny  and  a  penny,  and  so  discom*se  of 
state  afiairs,  as  if  so  be  tney  were  God's  coun- 
sellors in  thegOYemment  of  the  world,  running 
from  the  coffee-house  to  die  tavern,  and  fVom 
the  tavern  to  the  coffee-house,  which  hath 
been  the  debauchery  of  this'  age ;  and  so  bring 
them  into  this  dilemma,  to  discourse  of  those 
things  neither  pleasing  to  God,  nor  the  king, 
nor  uiemselves,  but  their  prejudice.  The  pro- 
fanation of  the  Sabbath-day  is  commonly  dis* 
coursed  of  in  this-  place,  God  forgive  me  for 
not  observing  it  as  I  should  \  I  pray  God  those 
that  follow  me  may  be  more  careful  of  their 
duty  to  God  and  man,  for  the  good  of  them* 
selves,  their  souls,  and  their  families ;  those 
that  are  young  especially,  and  coming  up,  that 
thev  may  chiefly  mind  their  concerns  for  eter- 
nity, and  that  they  would  pay  th^  duty  and 
homage  to  the  king,  and  those  that  Gfoa  haaj 
set  over  them  ;  and  not  neglect  that  great  com- 
mand, to  pray  for  the  king,  and  all  that  are  in 
authority. 

Being  asked  if  they  had  any  thing  more  to 

9 


» 

€93]  STATE  TjSIALS,  35  C^arlbs  II.  iS^S.^Triul  ^  WHliam  JUrd  UuueU  [6^%r 


say,  they  said^  No.  Mr.  Ordinary  t^^en  praved 
^th  tbetii,  and  sung^  a  psalm,  and  then  tqey 
desired  to  pra^  theinselTes  >  which  '  was 
granted. 

Having^  ended  thdr  respective  speeches  and 
prayers,  the  eixecationer  old  hi^  omoe. 


The  execution  of  M>RD  RUSSELL. 

The  next  day  was  appointed  for  the  execu* 
tion  of  lord  Russell. 

About  nine  in  the  mormng  the  sberifis  went 
toNewgfate,  to  see  if  my  lord  Russell  wasready, 
and  in  a  little  time  his  lordship  came  out,  and 
went  into  his  coach,  taking  bis  farewel  of  his 
lady,  ^  lord  Cavendish,  and  several  other  of 
his  friends  at  Newgate.  In  the  coach  were  Df. 
Tillotson  and  doctor  Burnet,' who  accompanied 
him  to  thescafibld  built  m  Lincoln's- Inn-fields, 
which  was  covered  all  over  with  mourning. 
Being  come  upon  the  scaffold,  his  lordship 
bowed  tothe'perso^  present,  and  turning  to 
the  sheriff,  made  this  iollewing  speech. 

"  3Ir.  Sheriff; 

<*  I  expected  the  noise  would  be  such,  that  I 
should  not  be  Tery  well  heard.  I  was  never  fond 
of  much  speaking,  much  less  now ;  therefore  I 
have  set  dowii  in  this  pa|^  ^11  that  I  think 
fit  to  leave  behind  me.  God  knows  how  far  I 
was  always  from  designs  against  the  king's  per- 
son, or  of  altering  the  government.  And  I  still 
pray  for  the  preservation  of  both  and  of  the 
Frotestant  Religion.  Mr.  Sheriff,  I  am  told, 
that  capt.  Wa£ot  yesterday  said  some  things 
concerning  my  knowledge  of  the  plot :  I  know 
not  whether  the  report  is  true  or  not." 

Mr.  Sheriff.  I  did  not  hear  him  name  your 
lordship. 

Writer*  No,  my  lord,  your  lordship  was  not 
learned  hy  any  of  them. 

Ld.  iuii^tl,  *'  I  hope  it  is  not ;  for,  to  my 
knowledge  I  never  saw  him,  nor  spake  witn 
him  i^  my  whole  life :  and  in  the  words  of  a 
dying  man  I  profess  I  know  of  no  plot,  eitlier 
against  the  King's  life,  or  the  government. 
But  I  have  now  don^  with  this  world,  and  am 

foing  to  a  better :  I  forgive  all  the  i^rorld 
eariily,  and  I  thank  God  I  die  in  charity  with 
ajl  men ;  and  I  wish  all  sincere  Protestants 
may  love  one  another,  ^nd  not  make  way  ior 
popery  by  their  animosities.  I  pray  God  for- 
give them,  and  cpntinue  liie  Protestant  Reli- 
gion amongst  them,  that  it  may  flourish  so  long 
as  the  Sun  and  Moon  endure.  1  am  now  more 
satisfied  to  die  than  ever  I  have  been." 

Thm  kneelinfi^  down  his  lordship  pnored  to 
himself;  afler  which  Dr.  Tillotson  kneeleddowa 
and  prayed  with  him  ^  which  beizu^  done,  his 
lordship  kneeled  down,  and  prayed  a  second 
lime  to  himself ;  then  pulled  offhjs  peruke,  jpygut 
on  his  cap,  took  off  }»s  cr^y^and  co^  and  bid- 
ding the  executioner,  after  h^  had  laid  down  a 
amall  moment,  do  his  office  wxthojat  a  sign.he 

Eivehim  some  gold ;  then  embracing  9r.  Til- 
tKuimlJDtr,  wm^^  h«l>fi»  4pw?i^w^th 


his  neck  upon  ,the  block,  and  it  w^s  cut  v^ 
at  two  strokes.  ' 

The  Executioner  held  up  the  head  to  the 
people,  as  is  usual  in  cases  of  treason,  &c. 
which  bebff  done,  Mr.  Sheriff  ordered  his  lord- 
ships frienos  or  servants  to  take  the  body,  and 
dispose  of  it  as  they  pleased,  being  given  them 
by  his  m^esty 's  &rour.* 

*  Lord  Russell  bad,  m  lord  Stafford's  C^se, 
[see  Cobb.  Pari.  His|.  as  there  referred  tol 
denied  tlie  king's  power  to  remit  any  part  ot 
the  senience,  (As  to  a  variance  in  t&e  execu« 
tion  from  4he  terms  pf  the  sentence,  see  yol.  7, 

E^i.  1539,  1563,  and  also  the  Case  of  lady 
Lsle,  A.  D.  1685,  in  this  Collection).  Upon 
the  conviction  of  lord  Russell,  the  king  in- 
exorably resisted  all  applications  for  a  pardon, 
though  to  obtain  it  100,000/,  are  said  to  have 
been  offered  by  the  earl  of  Bedford  to  th^ 
duchess  of  Portsmouth.  The  king  even  re- 
fused the  application  of  Riissdl's  admirable 
wife  (thou^  daughter  to  Southampton)  for  a 
respite  of  six  weeks.  The  parts  of  tne  sentence 
which  were  to  follow  the  beheading,  he  how- 
ever remitted  \  and  gratified  the  detestable  ma- 
lignity of  his  cold  and  selfish  heart,  by  saying', 
as  has  been  related,  **  Lord  Russsdl  shall  find. 
that  I  am  possessed  of  that  nrerogative,  which 
in  the  Case  of  lord  Stafford  ne  thought  proper 
to  deny  me."  Echard  mentions  this  as  a  *'  ^;axr 
castical  glance  at  the  lord  Stafford's  Case.*^ 
Hume  and  Dairy  mple  rdatc  the  anecdote  witb- 
without  a  comment,  or  the  slightest  hint  of 
disapprobation:  but  Mr.  Fox  well  observes^ 
'^  Cnarles's  ill-timed  hodst  of  his  intended 
mercy  to  Essex,  and  the  brutal  taunt  with 
which  he  accompanied  his  mitigation  (if  so  it 
may  be  called)  of  Russell's  sen&nce,  shew  his 
insensibility  and  hardness  to  have  been  such, 
that  in  questions  where  right  and  feelinffs  were 
concerned,  ^is  ffood  sense  and  even  &  ST*^ 
taste,  for  which  ne  has  been  so  much  extolled, 
seemed  wholly  to  desert  him."  Blackstone 
alao  (C^mm.  Book  4,  ch.  32,  towards  the  end) 
reflecting  on  Russell's  conduct  in  Stafford's  case 
and  Charles's  speech  of  Russell,  says,  *'  One  caa 
hardly  determine  (at  this  distance  firom  those 
turbulent  times)  which  most  to  disaipprove  of, 
the  indecent  and  sanguinary  zeal  ot  the  syh- 
j^ct,  or  the  cool  and  crnel  sarcasm  of  the  so- 
vereign." In  the  duke  of  Monmouth's  Journal , 
it  appears*  that  the  king  in  conference  with 
Monmouth,  *<  fiiUing  on  the  business  of  the 
lord  Russell,  said.  He  indined  to  have  saved 
him,  but  was  forced  to  consent  to  his  death, 
otherwise  he  must  have  broke  with  his  brother. 
And  mhesk  Monmouth  was  going  to  remon- 
strate how  cruelly  that  nome  lord  had  been 
dealt  with,  the  king  hid  him  think  no  nuwe  o^ 
t^"  In  4  council  iC^led  hv  king  James  afiter 
the  binding  of  the  JVince  or  Orange,  the  kinff 
addressing  himself  to  the  earl  of  &dford,  saia, 
^  My  iora,  yott  are  a  good  man,  and  have  a 
great  mfluence ;  yon  can  do  much  for  me  at 
thistime."  To  which  Ifie  earl  replied,  *'  Una 
«9o]4pao;ipi,<Qa9.do  bittlitde:  I  once  ^d 


6B51  StATE  TRIALS,  ^5  CuAiLKS  It.  l66S.«-^<^  iStgh  l^ida&n. 

The  PAPER  MiTered  to  the  Sheriff  by  «iy 
Lord  RUSSELL. 

I  thank  God  f  find  myself  9o  composed  and- 
prepared  for  death,  and  my  thoagfhtsso  fixed  on 
another  world,  tliat  I  hop«  in  God  I  am  now 

a  son,  who  could  novt  have  been  very  serrice- 
abte  to  votrr  majesty." 

See  the  Note  to  vo).  4,  p.  989,  of  this  Col- 
lection. 

It  is  proper  to  add,  that  I  have  not  found  in 
Bnroet,  North,  Coke^  Oldmixou,  Rapin,  Ken- 
iiett,  Ral|^,  or  Harris,  i>r  in  the  article  Lord 
RiisseQ,  m  the  Biogcaphia  Britannica,  or  in 
Btilstrode,  Reresby,  br  VVelwood  (the  two  last 
of  whom«  indeed,  are  e)fti*eme1y  brief  on  the 
saUcct  of  these  plots)  any  mention  of  Charles's 
iiDieeling  speech  upon  remitting  some  oir- 
eamstances  of  RnsselPs  punishment.  Echard, 
Hume,  and  Balrymple  relate  it,  without  men- 
tioning any  authority,  and  Blackstone  refers 
only  to  Hume.  In  relating  the  intercessions 
which  were  made  for  lord  Russell,  Dalrjinple, 
AppendLs:,  part  1,  p.  59,  tells  us,  that  it  ap- 
pears firom  a  letter  of  Ban  lion,  dated  July  19tn, 
1683  (in  the  Depdt  des  Affaires  Etrangeres,  at 
Versailles)  that  upon  lord  RussclPs  condem- 
nation, the  younger  Ronvigrny  [lady  Rachel 
Ka^eil's  mother  was  a  Rouriguy,  and  I  sup- 
pose the  younger  Rouvigny  mrnfioned  oy 
Dalrymiple  to  have  been  lady  Rachers  first 
consm]  begged  the  life  of  Ru^ell  from  Louis 
t^e  14th;  that  Louis  consented  to  write  to 
Charles  in  his  favour;  that  Barillon  told 
Charles,  Rouvigny  was  coming  over  with  the 
letter,  but  that  Charles  answered,  '  Je  ne  veux 

*  pas  emp^her  que  monsieur  de  Ronvigny  ne 

*  yienne  pas  ici  mais  milord  Russell  aura^  1e 

*  col  coup^  avant  qu'il  arrive.*  f  transcribe 
this  exactly  as  I  fiud  it  in  Dairy mple,  yet  it 
may  be  questioned  whether  Barilton  ever  wrote 
U;  since,  not  to  mention  other  faults  in  the 
phraseoloffy  and  structure  of  the  passage,  most 
undoubtedly  the  words  <  emp^cher  que  mon- 
'  sieur  de  Kouvigny  ne  vienne  jwis  ici,'  cannot 
signiiy,  as  sir  John  Interprets  them,  '  to  pre- 
vent monsieur  de  Rouvigny  from  coming  here.' 
And  in  the  only  other  imaginable  interpretation 
of  those  words,  they  would  reduce  the  whole 
extract  to  nonsense. 

[Since  f  wrote  the  prteeding  paragraph,  I 
accidentally  looked  into  the  8vo  edition  of  Dal- 
rymple,  1790,  and  I  find  that  there  sir  John 
4>mit8  the  pretended  extract  from  a  letter  of 
Barillon  (some  one  who  uuderstood  French 
bad,  I  conjecture,  pointed  out  to  him  the  in- 
ternal evidence  of  its  spurioosness)  and  changes 
altogether  his  method  of  relating  the  story. 
He  mentions  the  interference  of  Louis,  &c.  m 
fab  narrative  (part  1,  book  1,  p.  48),  where  I 
do  not  find  it  in  the  former  edition,  and  in  his 
Appendix,  p.  119,  byway  of  authority,  he  says 
merely,  *«  Barlllon's  Letter  of  19th  July,  1683, 
gives  the  account  which  I  have  given  of  Louis 
14tfi  interposing  to  save  the  life  of  lord  Rus- 


[6^ 

mntt  weaned  firom  settuig  my  \i€iart  on  this. 
Yei  I  (Cannot  fotWr  spendhig  some  time  now, 
id  setting  down  m  vrritmg  a  fiiUer  account  of 
^my  condition  to  be  left  behind  -me,  than  I  wftl 
vdntnre  to  say  at.the  place  of  execution,  in  tlie 
noise  and  clofter  that  u  like  to  be  ^ete.  I  bless 

I>tir3rmple  likewise  gives  us  the  fi)llowmg 
as  an  extract  from  the  MS,  Noteaof  lord  Dart- 
mouth (the  Secretary  of  I9tate  to  queen  Anne) 
upon  bishop  Bnmet's  History :  **  3Iy  ikilier 
told  the  king,  the  pardoning  of  lordKussell 
would  lay  an  eternal  obligation  upon  -a  very 
great  anif  numerous  femily,  and  the  taking  his 
fife  would  never  be  forgotten ;  and  his  father 
being  alive,  it  would  have  little  effect  upon  the 
rest  of  the  family  besides  resentments ;  and 
certainly  there  was  some  regard  due  to  lord 
Southampton's  daughter,  and  her  children. 
The  king  answered.  All  that  is  true;  but  it  is 
as  true,  that  if  I  do  not  take  his  19fh  he  will 
soon  have  mine ;  which  would  admit  *of  no 
reply." 

I^e  then  gives  ns  (from  the  Paper  Ofiioe,  as 
I  understand  him)  *'  the  Pelitiona  Of  the  (Karl 
of  Bedford  and  of  loid  Russell  for  loid  RusseU'k 
life,  mentioned  in  his  Memoirs,"  [I  oan  find 
only  one  Petition,  that  of  the  ear)  of  Bedford, 
mentioned  in  the  Memoirs,  part  1,  hook  1, 
p.  S2y  Note:  the  other  Petition  probably  is 
what  sir  John,  in  the  next  page,  calls  one  of 
lord  Russell's  Letters  to  the  lung :  and  if  so, 
be  does  not  speak  of  it  fairly],  as  follows ; 


To  the  King's  Most  Excellent  Majesty. 


"  Tlie  bumble  PETITION  of  WILLLIM 
Earl  of  BEDFORD : 


<*  Humbly  sheweth ; 

"  That  could  your  Petitioner  have  been  ad- 
mitted into  your  presence,  he  would  have  kid 
himself  at  your  royal  feet,  in  behalf  of  his  un- 
fortunate son,  himself  and  his  distressed  and 
disconsolate  family,  to  implore  your  royal 
mercy  ;  which  he  never  had  the  presumption 
to  think  could  be  obtained  by  any  inchrect 
means.  But  shall  think  himself,  wife,  aqd 
children,  much  happier  to  be  left  but  with 
bread  and  water,  than  to  lose  his  dear  son  for 
so^  foul  a  crime  as  treason  against  the  best  of 
princes,  for  whose  life  be  ever  did,  and  ever 
shall  pray  more  than  for  his  own. 

"  May  God  incUne  your  miyesty's  heart  to 
the  prayers  of  an  afflicted  old  father,  and  not 
bring  grey  hairs  with  sorrow  to  my  grave. 

"  Bedford."  ' 

"  To  the  King's  Most  ExceDent  Majesty. 

"  The  humble  PETITION  of  WILLIAM 

RUSSELL : 

"  Most  humbly  sheweth ; 

^ "  That  your  Petitioner  does  once  more  cast 
himself  at  your  majesty's  feet,  and  implores, 
with  all  humility,  your  mei'cy  and  pardon,  still 
avowing  that  he  never  had  the  least  thought 
against  your  majesty's  life,  nor  any  design  to^ 


•  I 


6S71  STATE  TRIALS,  35  Chablbs  IL  i6S3.— THs/  ofWilHam  Lord  Ibtmtt  [691 

God  heartily  for  those  many  blessbgps,  which 
he  in  his  iimnite  mercy  hath  bestowed  upon 
me  through  the  whole  course  of  my  life ;  that 
I    was  fom  of  worthy  good    pareuts,   and 

*'   '  ■  ».^p^-.  I      .    .     .1         ly  .»—  I. 

change  the  gOTemment ;  but  humbly  and  sor- 
rowfully confesses  his  having  been  present  at 

those  meeting,  whicih  he  is  convinced  were 

unlawful  and  justly  provoking  to  your  majesty ; 

but  being  b^rayed  by  ignorance  and  inad- 

Tertence,  he  did  not  decline  them  as  he  ought 

io  have  done,  for  which  be  is  truly  and  heartily 

sorry ;  and  therefore  humbly  otfers  himself  to 

your  maiesty  to  be. determined  to  live  in  any 

part  of  the  world  which  you  shall  appoint,  and 

never  to  meddle  any  more  in  the  afTairs  of 

England,  but  as  your  majesty  shall  be  pleased 

to  command  him. 

''  May  it  therefore  please  your  majesty,  to 

extend  your  royal  favour  and  mercy  to  your 

'  Petitionei:,  by  which  he  will  be  for  ever  en- 

,  gaged  to  pray  for  your  majesty,  and  to  devote 

his  life  to  your  service. 

''  William  Russell." 

In  the  Biographia,  is  inserted  the  following 
^ter,^  deltv^ed  by  hidy  Rachel  Russell  to 
the  duchess  of  York : 

*<  May  it  please  your  Highness ; 
"  The  opposition  I  have  appeared  ^n  to  your 
highness's  mterest,  has  been  such,  as  I  have 
scarce  the  confidence  to  be  a  petitioner  to  you, 
thoufth  in  order  to  the  saving  of  my  lii'e.  Sir, 
God  Knows  what  I  did,  did  not  proceed  from 
any  personal  ill-will,  or  animosity  to  your  royal 
highness ;  but  merely  because  I  was  of  opinion, 
that  it  was  the  best  way  for  preserving  the  re- 
ligion estabUshed  by  law :  in  which,  if  I  was 
mistaken,  yet  I  acted  sincerely,  without  any  ill 
end  in  it.  And  as  for  any  base  design  against 
your  person,  1  hope  your  royal  highness  will  be 
so  Just  to  me,  as  not  to  think  me  capable  of  so 
rile  a  thought.  But  1  am  now  resolved,  and  do 
faithfully  engage  myself,  that  if  it  shall  please 
the  king  to  pardon  me,  and  if  your  royal 
highness  will  interpose  in  it,  I  will  in  no  sort 
meddle  any  more,  in  the  least  opposition  to 
your  royal  highness  ;  but  wiU  be  readily  de- 
termined to  live  in  any  part  of  the  world,  which 
his  majesty  shall  prescribe,  and  will  never  foil 
in  my  dady  prayers,  both  for  bis  majesty's 
pres^ration  and  nonour,  and  your  royalhigh- 
ness*s  happiness;  and  will  wholly  withdraw 
myself  frbm  the  affairs  of  England,  unless 
called  by  his  miyesty's  orders  to  serve  him, 
wluch  T  shall  never  be  wanting  to  do  to  the  utter- 
most of  my  power.  And  if  your  royal  high- 
ness will  be  so  ^^raoiotts  to  me,  as  to  move  on 
my  account,  as  it  will  be  an  engagement  upon 
me,  beyond  what  I  ,can  in  reason  expect,  so  it 

*  *<  This  letter  was  written  at  the  earnest  so- 
licitation of  his  lady ;  and  as  he  was  folding  it 
op,  having  shewn  it  to  Dr.  Burnet,  he  said  to 
him,  This  will  be  printed,  and  wiQ  be  selling 
aboot  the  streets,  gs  my  snbraission,  when  I  am 
led  out  to  bo  hanged.  *'    Qumet's  Jounud. 


had  the  advantage  of  a  rdigioos  educaifion^ 
which  I  have  often  dianked  God  very  heartily 
for,  and  looked  upon  as  an  inralnaMe  btessing ; 

for  even  when  1  minded  it  .least,  it  still  hung 

— - — 

win  make  the  deepest  impressions  on  roe  po^ 
sible  ;  for  no  fear  of  death' can  work  so  much 
with  me,  as  so  great  an;obligation  will  for  eyo: 
do  upon«  May  it  please  your  royal  highness, 
your  royal  highaess's  most  humble,  and  most 
obedient  servant,  W.  Russell.'^ 

Newgate,  July  16,  1688. 

In  the  same  work  is  inserted  the  foUowing 
Letter  from  lord  Russell*  to  the  King,  to  be 
delivered  aflker  his  death  : 

*<  May  it  please  your  majesty  ; 

"  Since  this  is  not  to  be  delivered  ^I  after 
my  death,  I  hope  your  majesty  wiA  forgive 
the  presumption  of  an  attainted  man's  writing 
to  you.    My  chief  business  is  humbly  to  att 
your  pardon,  for  any  thing  that  I  have  «ther 
said,  or  done,  that  might  look  like  waqt  of  re- 
spect to  your  majesty,  or  duty  to  your  goveror 
ment.    In  which,  though  I  do  to  the  last  mo- 
ment, acquit  myself  of  ul  designs  against  your 
person,  or  of  altering  of  the  government,  and 
protest  I  know  of  no  design,  now  on    foot, 
against  either ;  yet  1  do  not  deny  but  I  have 
heard  many  things,  and  said  some  things  con- 
trary to  my  duty ;  for  which,  as  I  have  asked 
Goers  pardon,  so  I  humbly  b^  your  majesty's. 
And  Ijtake  the  liberty  to  add,  that  thoi^n  I 
have  met  with  hard  measure,  yet  1  forgive  all 
concerned  in  it,  from  the  highest  to  the  lowest^ 
and  1  pray  God  to  bless  both  your  person  and 
government,  and  that  the  puGUc  peace,  and 
the  time  Protestant  religion  may  be  preserved 
under  you.    And  I  crave  leave  to  end  my  days 
with  this  sincere  protestation,  that  my  heart 
was  ever  devoted  to  that  which  I  tliought  waa , 
your  true  interest ;  in  which,  if  I  was  mis-  . 
taken,  I  hope  your  displeasure  against  me  will 
end  with  my  life,  and  that  no  part  of  it  shall  &II 
on  my  wife  and  children ;  ^hich  is  the  last  pe- 
tition will  ever  be  offered  you  from»  May  it 
please  your  majesty,  your  majesty's  most  faith- 
ful, most  dutiful,  and  most  obedient  sul^ct, 

W.  Russell," 

Newgate,  July  19, 1683. 

And  also  the  following  Letter  to  the  KiBg^ 
written  by  lady  R.  Russell  at  the  desire  of 
Burnet : 

"  May  it  please  your  majesty : 

**  I  find  my  nusbaiid's  enemies  are  not  a»« 

peased  with  his  blood,  but  still  continue  to  mia- 

represent  him  to  your  majesty.     'Tis  a  great 

addition  to  my  sorrows,  to  hear  your  majesty  ia 

*  **  The  story  of  the  last  days  of  this  ex- 
cellent man's  life  fills  tiie  mind  with  such 
a  mixture  of  tenderness  and  admiration,  that 
I  know  not  any  scene  in  history  that  more 
powerfully  excites  our  sympathy  or  goes  oiora 
directly  to  the  heart*"  Fox,  Introductory 
Chapter. 


€S9]  ^tAT^TRIALS,  35  ChahIbs  II.  1683! 

Ami  rae»  tad  g«ve  me  cktecks  $  and  hath  now 
foroMBj'y^nsouifliieiicfiil  and  fxMaeasedtoe 
diai  I  feel  the  happy  effeds  of  it  in  this  my  ex* 
tremity,  m  which  1  have  been  so  wonderfolly 
(I  thank  God)  supported,  that  neither  my  im- 
priioaiDtet,  nor  the  fear  of  death,  haTe  been 
«hle  to  discOmpoaenie  in  any  deg^ree ;  bat,  on 
theooDtrary,  I  have  focind  the  assurances  of 
the  knre  and  mercy  of  God,  in  and  through  my 
blessed  Redeemer,  in  whom  only  1  trust ;  atid 
I  do  not  question,  but  that  I  am  going  to  par- 

grefailed  upon  to  belie? e  that  the  paper  he  de- 
rered  to  the  sheriff  at  his  death,  was' not  his 
own.     I  can  truly  say,  and  am  ready  in  the 
solemnest  manner  to  attest,  that  [during  his 
imprisonment  *-][  I  uften  heard  him  discourse 
the  chKfeBt  matters  contained  in  that  paper,  in 
the  same  expressions  he  therein  uses,  as  some 
«f  ihose  few  relations  that  were  admitted  to  him, 
etm  likewise  averr.     And  sure  'tis  an  argu- 
ment or  no  gteat  i^yrce,  that  there  is  a  phrase 
or  two  in  it  another  ilses,  when  nothia&f  is  more 
common  th^m  to  take  up  such  worcn  as  we 
like,  or  are  accostomed  to  in  our  conversation. 
I  beg  leave,  further  to  avow  to  your  majesty, 
that  al  that  is  set  downe,  in  the  paper  read  to 
-yvur  nngesty  oA  Sunday  night  to  be  snoken  in 
nay  presence,  is  exactly  true ;  as  1  doubt  not 
bwt  me  rest  ik  the  paper  is,  which  was  written 
at  my  request ;  and  the  author  of  it  in  al  his 
conversation  witli  my  husband,  that  I  was  privy 
tD,  shewed  bimselfe  a  loyal  sulyect  to  yonr  ma» 
jesty,  a  faithful  frind  to  him  and  a  most  tender 
nod  oonscientioas  minister  to  his  sonle.     I  do 
tiiereibre  humbly  beg  your  majesty  would  be 
m  charitable  to  beleve,  that  he  wlio  in  al  his 
life  was  observed  to  act  with  the  greatest  clear-* 
nesse  and  mncerity^  woald  not  at  the  point  of 
death  doe'so  dising^ious  and  false  a  tning,  as 
to  deliver  fbr  his  own  what  was  not  Oroperly 
and  expressly  so.     And  if  after  tl^elosse  in 
floeh  a  manned  of  the  best  husband  in  the 
world,  I  were  capable  of  any  consolation,  yonr 
ma^eetv  only  eouM  afford  it,  by  having  better 
thoagnts  of  him^  which,  when  I  was  so  im- 

rvtunat  tospcflkwith  your  maiesty,  I  thon^t 
had  aom  reason  to  beleve  I  should  have  m- 
clined  yoa  to,  not  upon  the  tre^  of  my  word, 
but  through  the  erioenoe  of  what  I  had  to  say. 
I  hope  I  nave  writ  nothing  in  this  that  will  dis^ 
please  yonr  majesty,  if  f  hckve,  I  humbly  beg 
you  to  consider  it  as  coming  from  a  woman 
amazed  with  grief,  and  that  you  wil  pardon  the 
ihnghter  of  a  person,  who  served  your  ma- 
jesty *s  father  in  the  greatest  extremityes  [and 
your  majesty  in  your  greatest  posts  f]  andone 
that  is  not  codbcm>os  of  having  ever  done  any 
thing  to  offend  yon  [before  1 1.  I  shal  ever 
l^y  fbr  your  majesty's  k>ng  fife  and  happy 
Who  am,  with  al  humility,  ,may  it 
your  nugesty,  &c." 


reign, 


*  These  words  included  in  the  braekeis  are 
fttMsed  ont. 
t  These  word^  are  Uk^wise  cM»ed  out. 
{ iW  Word  was  also  esossodloat 


0r  Sigk  Treamm.  [6^90 

take  of  tliat  fulness  of  joy  which  is  in  his  pre- 
sence ;  the  hope  whereof  does  so  wonderniUy 
delight  me;  that  I  reckon  this  as  the  happiest 
time  of  my  life,  though  others  may  look  upon  it 
asthe  saddest. 

I  have  lived,  and  now  die,«of  the  reformed 
religion,  a  true  and  sincere  Pmtestant,  and  in 
the  communion  of  the  chureh  of  England, 
though  I  could  never  yet  <jOmply  with,  or  rise 
up  to,  all  the  heights  of  some  people.  I  wish 
with  all  my  soul,  all  our  unhappy  differencea 
were  removed,  and  thai'  aM  sincere  protestanta- 
would  so  far  consider  the'  danger  of  popery,  as 
to  lay  a&ide  their  heats,  and  agree  against  the 
common  enemy ;  ^and  that  the  churchmen 
would  be  less  severe,  and  the  disKcnte^  less 
scrupulous ;  fbr  I  think  bittemeas  aud  pei'secu- 
tioikare  at  all  times  bod,  but  much  more  now. 

For  popery,  1  look  on  it  as  an  idolatrous  and 
bloody  religion,  and  therefore  thought  myself 
bound,  in  my  station^,  to  do  all  I  could  against 
it.  And  hy  that  I  foresaw  I  should  procure  such 
great  enemies  to  mysdf,  and  so  powerful  ones, 
that  I  have  been  now  for  some  time  expecting 
the  wont.    And,  blessed  be  God,  1  fall  by 
the  ax,  and  not  by  the  fiery  trial.    Yet,  what- 
ever apprehensions  I  had  or  popery,  and  of  my 
own  severe  and  heavy  share  I  was  like  to  have/ 
under  it,  when  it  should  prevail,  I  never  liad  a 
thought  of  doing  any  thing  against  it  basely  or 
inhumanly,  but  what  could  well  consist  with, 
the  christian  religion,  and  the  laws  and  liberties 
ofthis  kingdom.    And,   I  thank  God,  I  have 
examined  all  my  actings  in  that  inatter  with 
80  great  care,  tnat  I  can  stppeal  to  God  AU 
mighty,  who  knows  my  heart,  that  I  went  oa 
sincerely,  without  being  moved,  either  by  pas- 
sion, by-ends,  or  ill  designs.    )  hAve  alwaya 
loved  my  country  much  more  than  my  life,aiid 
never  had  any  design  of  changing  the  govern- 
ment, whidi  f  f  alue,  and  look  upon  as  one  of 
the  best  governments  in  the  world,  and  would 
always  have  been  ready  to  Tenture  my  life  for 
the  preserving  of  it,  and  wonld  have  soffiared 
any   extremity,    rather  than  have  consented 
to  any  design  to  take  awi^  the  king'a* life: 
neither  evernad  man  the  impudence  to  propose 
so  bese-Mfil  barbarous  a  thing  to  me.    And  I 
look  upon  it  as  a  very  unhappy  and  Qoeasj 
part  of  my  present  condition,  that  in  my  indiet- 
ment  there  should  be  so  innch  as  mention  of  8(^ 
vile  a  feet  \  though  nothing  in  theleast  waa 
said  to  prove  any  such  matter ; .  but  the  contrary 
by  the  lord  Howard.    Neither  does  any  body* 
I  am  confident,  believe  the  least  of  it    So  that 
I  need  not,  I  Ihink,  say  more. 

For  the  king,  I  do  sincerely  pray  for  him» 
and  wish  well  to  him,  and  to  the  nation,  that 
they  may  be  happy  in  one  another ;  that  ha 
may  be,  indeed,  the  ddender  of  the  fmth :  that 
the  protestant  reKgion,  and  the  peace  aud 
safety  of  the  kingdom,  may  be  preserved,  ani 
fionnsh  under  his  government;  and  that  ho^ 
in  ha  person  may  he  happy,  both  here  and 
hereafier. 

As  for  the  share  I  had  m  the  prooeontieA  of 
the  po^plot,  1  tdw  God  to  witneaV)  tlptl 


$9\]  STATE  TRIALS,  35  Chablbs  II; l685^rr»a/«^»7/fffliiLflriib^       [69ft 

proceeded  in  it  in  the  sincerity  of  my  heartt 

being  then  really  convinced  (as  I  am  still)  that 

there  was  a^  conspiracy  against  the  king,  the 

nation,  and  the  protestant  rehgion :  And  F  like- 
wise profess,  that  I  never  knew  anything, 

either  directly  or  indirectly^  of  any  practice 

with  the  witnesses,  which  1  looked  upon  as  so 

horrid  a  thing,  that  1  could  never  hare  endured 
\  it.    For,  I  thank  God,  fabebood  and  cruelty 

were  never  in  my  nature,  but  always  the  far- 
thest from  it  imaginable.     I  did  believe,  and  do 

still,    that  popery  b  breaking  in  upon  this 

nation  \  and  that  those  who  advance  it  will  stop 

at  nothing,  to  carry  on  their  design :  I  am 

heailily  sorry,  that  so  many  protestants  give 

their  helping  hand  to  it.     But  I  hope  God  will 

jtreservethe  protestant  religion,  and  this  na- 
tion: Though  I  am  afraid  it  will  lall  under 

very  peat  trials,  and  very  sharp  suiferinffs. 

Ana  mdeed  the  impiety  and  nroianeness  that 

abounds  and  ap]^ars  so  scandalously  bareiaced 

every-where,  gives  too  just  reasim  to  fear  the 
'  worst  things  which  can  be&l  a  people.    I  pray 

God  prevent  it,  and  give  those  who  have  shew- 
ed concern  for  the  public  good,  and  who  have 

.api>eared  liearty  for  the  ti'ue  interest  of  the 

nation,  and  the  protestant  religion,  grace  to 

live  80,  that  they  may  not  cast  a  reproach  on 

that  which  th^  endeavour  to  advance ;  which 

(God  knows)  hath  often  given  mc  many  sad 

thoughts.    And  I  hope  such  i»f  my  friends  as 

may  think  tliey  are  touched  by  this,  will  not 

,  take  what  1  say  in  ill  part,  but  will  endeavour 

to  amend  their  ways,  and  live  suitably  to  the 

.  rules  of  the  true  reformed  rehj^iou ;  which  is 

the  only  thing  that  can  administer  true  com- 

,tort  at  the  latter  end,  and  revive  a  man  when 

he  comes  to  die. 
^     As  for  my  piesent  condition,  I  bless  God,  I 

.have  no  repiumg  in  my  heart  at  it.     I  know 
'  tor  ray  si  as,.  I  have  deserved  much  worse  at  the 

hands  of  God :  So  that  I  chcaH'uUy  submit  ttt 

so  small  .a  punishment,  os  the  bemg  taken  off 

a.  few  years  sooner,  and  the  heiug  made  a  spec- 

.tacle  to  the  world.    I  do  freely  forgive  all  the 

world,  particularly  those  oouc(?med  in  taking 

away  my  lite:  And  I  desire  and  conjure  all  my 

friends  to  think  of  no  revenge,  bnt  to  submit  to 

tlie  ho^  will  of  God,  into  whose  hands  I  resign 
.  myseli  intirely. 

But  to  look  back  a'Httlc';  I  cannot  but  give 

some  touch  about  the  Bill  of  K:£cki8ion,  and 

atiew  the  reason  of  my  appearing  in  that  busi- 
ness ;^which  in  short  is  this:  That  I  thonght 

the  nation  was  in  such  danger  of  popery,  and 

that  the  expectation  of  a  popish  successor  (as 

1  have  said  in  parliament)  put  the  king's  life 
'  likewise  in  such  danger,  that  I  saw  no  way  so 
.  effectual  to  secure  both  as  suc(i  a  bill.    As  to 

tile  limiutions  which  were  proposed,  ifahey 

were  sincerely  o^ered,  and  bad  passed  into  a 

law,  the  duke  then  would  have  been  excluded 

from  the  power  of  a  king,  and  the  government 

quite  altci-ed^  and  little  more  than  the  name  of 

a  king  left.    So  I  could  not  see  either  sin  o( 

faflit  in  the  one,  when  all  people  were  willing 
.  to  admit  of  the  other ;  but  thought  it  better  to 


have  a  king  with  his  nrtro^ve,  and  the 
natiod  easy  and  safe  under  him,  than  a  kinr 
without  it;  which  must  have  bred  perpetoM' 
jealousies,  and  a  oontiiMial  struggle.  All  this 
I  say,  only  to  justify  myself,  and  not  to  inflame 
others :  Though  I  cannot  bat  think  my  ear- 
nestness in  that  matter  has  had  no  small  io- 
fiuenoe  in  my  present  sufferings.  But  I  hate 
now  done  with  this  worid,  wSi  am  going  lo  a 
kingdom  that  cannot  be  moved. 

And  to  the  conspiring  to  wesae  the  guank, 
which  is  the  crime  for  which  t  am  oondemoed, 
and  which  was  made  a  oonstroetive  treason  for 
talung  away  the  king's  life,  to  bris^  it  widun 
the  statute  of  £dw.  3.  I  shall  give,  this  tnK 
and  clear  account :  I  never  was  at  Mr.  Shep- 
pard's  with  that  company  but  once,  and  thsrs 
was  no  undeitaking  then  of  securing  or  seisiag 
the  guari^,  nor  none  appointed  to  view  or  exa- 
mine them:  Some  discourse  there  was  about 
tlie  feasibleness  of  it ;  and  several  times,  by 
accident,  in  general  disconrse  elsewboe,  ft 
have  heard  it  meutwneit,  as  a  thing  migbt  ta- 
siiy  be  done,  but  never  consented  to  as  fit  to 
be  done.  And  1  remember  particukrly  at  ny 
lord  Sbai\eflbury's,  there  being  some  senieral 
discourse  of  this  kind»  I  iimnediatcnr  flev 
out,  and  exclaimed  against  it,  and  asked,  if  dis 
thing  succeeded,  what  must  be  done  next,  bat 
massacring  the  guards,  and  killing  theniia 
cokl  blood  ?  Which  I  looked  upon  as  sodeteit- 
abl#  a  thing,  and  so  like  a  popish  pradier, 
that  I  ooiikl  not  but  abhor  it.  And  at  tlie  sama 
time  the  duke  of  Monmooth  took  me  by  the 
hand,  and  told  me  very  kindly ;  my  lord,  last 
you  and  I  are  of  a  temper;  did  you  everbeir 
so  honid  a  thing  ?  and  1  must  needs  da  bim 
that  justice  to  declare,  that  I  never  obsentd 
in  him  but  an  abiiorrcnce  to  all  base  tbincs^ 

As ,  to  my  going  to  Mr.  Sheppard's,  I  weal 
with  an  intention  to  taste  stierry ;  for  he  bad 
promised  mc  to  resene  for  me  the  next  very 
good  piece  he  met  with,  when  I  went  out  of 
town  ;  and  if  lie  recollects,  be  may  remember, 
I  asked  him  about  it,  and  lie  went  and  fttdied 
a  bottle ;  but  when  I  tasted  it,  I  saki  it  was'hol 
in  the  mouth ;  and  desired  that  wheueter  be 
met  with  a  choice  piece,  he  would  keep  it  fer 
roe.  Which  he  promised.  I  enlarge  the  inors 
upon  this,  because  sir  Geoig«  Jefleries  insiaa* 
jHted  to  the  jury,  as  if  I  had  made  a  story  about 
gomg  tbither  i  but  I  never  said,  that-  was  dM 
only  reason :  And  I  will  now  truly  and  plainly 
add  the  rest. 

I  was,  the  day  before  this  meeting,  cone  to 
town  for  two  or  three  days,  as  I  haadoaeoBot 
or  twice  before ;  having  a  very,  near  and  dsar 
relation  lyin^  in  a  very  languishing  and  des- 
perate condition ;  apdthe  duke  of  Monmooth 
came  to  me,  and  told  me,,  he  was  extremely 

glad  I  was  come  to  town ;  for  my  lord  Sbafb* 
ory  and  some  hot  men  would  undo  ns  all,  if 
great  care  be  not  taken ;  and  therefore  for 
God's  sa&e  use  your  endeavom  with  year 
friends,  to  preventany  thing  of  tfaia  kind.  Ha 
told  me,  these  woidd  be  company  at  Mr^Shep- 
pard's  that  night,  and  danredme  lobeat  Imnm 


1^3]  STA3%  TRIALS,  35  Ckailbs  II.  WiS.^far  RigHTreMum.  [6p^ 

hi  Ae  evMHiy,  uid  lie  would  all  ine,  wfaidh  j  tban  the  world  do«ii.  'l  know  I  said  bnt  little 

at  the  trial,  and  I  suppose  it  looks  mofe  lik« 


be  did :  AuA  when  I  came  into  the  ro6iD,  I 
saw  Mr.  Ramsejr  by  ^e  chinmey,  akhoiu^  be 
•wean  he  came  m  after ;  and  there  were  uiiogH 
said  by  same  with  much  mora  heat  thaa  judg  • 
meat,  which  I  did  suiBcieiitly  disapprove,  and 
yet  for  these  things  I  stand  eondemoed :  But  I 
thank  Ctod,  my  part  was  sincere  and  well 
meant.  It  is,  1  know,  inferred  from  henee, 
and  was  pressed  to  me,  that  I  was  acqnainted 
widi  these  heats  and  ill  designs),  and  did  not 
idiscorer  them ;  bat  this  is  but  misprision  of 
treason  at  most.  So  I  die  innocent  of  the 
crime- 1  stand  condemned  tor,  and  I  hope  no* 
body  wQl  imagine,  that  so  .mean  a  thought 
eonki  enter  into  me,  as  to  go  about  to  save 
myself  by  aoeusing  others;  the  part  that  some 
liave  acted  lately,  of  that  kind  has  not  been 
as  to  invite  me  to  love  life  st  such 


a 


Am  ftnr  the  sentence  of  death  passed  upon 
me,  I  cannot  but  think  it  a  very  hard  one ;  for 
aothinff  sworn  against  n:e^  (whether  trae  or 
fidse,  I  win  not  now  examine)  but  some  dis- 
courses about  makin^^  some  stirs.  And  this  is 
not  levying  tfar  against  the  king,  which  is 
tfeason  by  the  statute  of  Bdward  3,  and  not  the 
conaakiogand  discoursing  about  it,  which  was 
aU  that  was  witnosed  against  me.  But,«  by  a 
strange  fetch,  the  design  of  seizing  the  guards 
was  eoDstrued  a  design  of  killing  the  king,  and 
s^  I  was  in  that,  cast. 

And  now  1  have  truly  and  sincerely  told  what 
my  part  was  in  that,  which  cannot  be  more 
thaa  a  bare  misprision;  and  3'et  1  nm  con- 
demned as  guilty  of  a  desi^  of  killing  the 
kio^.  I  ptay  God  lay  not  this  to  the  charge, 
neither  of  the  king's  council,  nor  judges,  nor 
sheriflfo,  nor  jury :  And  for  the  witnesses,  I  nity 
them,  and  wish  them  well.  I  shall  not  reckon 
up  the  iHuticnlarB  wherein  they  did  me  wrong ; 
1  had  rather  their  own  consciences  should  do 
that,  to  which,  and  the  mercies  of  God,  I  leave 
theni.  Only  I  still  aver,  that  what  I  said  of 
oiy  ndt  hearing  colonel  Rumsey  deliver  his 
message  from  my  lord  Shaftesbury,  was  true ; 
for  I  always  detested  lying,  though  never  so 
much  to  my  advantage.  And  I  hope  none  will 
be  80  unjust  and  uncharitable,  as  to  think  I 
would  venture  on  it  in  these  my  last  words,  for 
which  I  am  so  soon  to  give  an  account  to  the 
great  God,  the  searcher  of  hearts,  and  judge  of 
afl  thin|(s* 

From  the  time,  of  chosing  sheriffs  I  eon 


innocence  than  •  guilt  1  was  also  advised  d(ft 
to  confess  matter  of  fact 'plainly,  since  that 
mnst  oertaii^y  have  brou|,(ht  me  within  the 
^uih  of  misprision.  And  being  thus  restrained 
trom  dealing  frankly  and  openly,  t  chose  rather 
to  say  little,  than  to  depart  from  ingenuity,  that 
by  the  grace  of  God  I  had  carried  along  with 
me  in  the  former  parts  of  my  life ;  soisoUkl 
easier  be  silent,  and  leave  the  whole  matter  to 
the  conscience  of  the  jurv,  than  to  make  the 
last  and  solemnest  ptfrts  ii  my  lift  so  different 
trom  the  course  of  it,  as  the  using  litHe  tridcs 
and  evasions  must  have  been.  Nor  did  I  ever 
pretend  to  a  great  readiness  in  speaking:  I 
wish  those  gentlemen  of  the  law  who  have  it, 
would  make  more  conscience  in  the  use  of  it, 
and  not  run  men  down  by  strains  and  ie:ehes, 
im]>OBe  on  easy  and  willtug  iuries,  tp  the  ruin 
of  innocent  men :  For  to  kill  by  ftmis  and 
subtilties  of  law,  is  the  worst'sortof  mufder: 
But  I  wish  the  rage  of  hot  men,  and  the  par- 
tialities of  juries,  may  be  stopt  with  my  blood, 
which  I  would  offer  up  with  so  much  the  more 
joy,jf  I  thoughM  should  be  tlie  last  were  m 
suffer  in  such  a  way. 

Since  my  Sentence,  I  have  had  few  thonglits 
but  preparatory  ones  for  death ;  yet  the  impor- 
tunity of  my  triends,  and  particularly  of  the 
best  and  dearest  wife  in  the  world,  prevailed 
with  me  to  sign  Petitions,  and  make  addresses 
for  my  life:*  To  which  I  was  very  averse :  For 
(1  thank '  God)  though  in  all ,  respects  I  have 
lived  one  of  the  happiest  and  contentedest  men 
in  the  worid,  (for  now  near  14  years)  yet  I  am 


MT^^MUM  u««  «««.  «.  «M««uft  -„ .    away  beyond  his  duty  mto  thui  traiteroua 

duded  the  beat  m  that  matter  would  produce  *  •  enterprixe  by  a  vam  air  of  populanty,  taA 
iomethmg  of  thU  kind ;  and  1  am  not  much  sur-    «  a  wild  suspickm  of  kmng  a  great  ^^^  W 


prisedtofinditiallupaiime.  And  I  wish  what  is 

done  to  me  may  |nit  a  stop,  and  satiate  sonoe  neo- 

pie's  revenge,  and  that  no  more  innocent  blood 

may  be  shed ;  for  I  mns|  and  do  still  look  imon 

^  miae  as  ancb,  since  1  know  I  was  guilty  of  no 

treason;  and  therefore  I  would  not  betray  mv  . 

.iaiMoence  by  flight,  of  whksh  I  do  not  (I  thank 

.God)  yet  repeal  (though  much  pressed  to  it) 

Vw  ntel  soever  it  may  have  seemed  to  have 

proved  to  me;  for  I  look  upon  my  death  m 

Okn  mi<nTT  (I  thank  God)  with  other  eyes 


•  Of  this  Paper,  the  following  gross  misre- 
presentation ^  given  vfi  "  Sprat's  History  of  the 
Rye  House  Plot."  [See  some  account  of  it 
at  p.  362.  of  this  volume.]  *»  As  to  the  whola 
niatter  of  it,  time,  the  best  discoverer  and  light 
of  truth,  has  since  shew*!!  it  to  be  full  of  enor- 
mous falshoods,  and  for  the  manner  of  its  com- 
posure it  was  such  as  rather  became  the  sub« 
tilty,  artifice,  and  equivocation  of  some  crafty  ^ 
hypocritical  confessor  or  presbyterian  easai^ 
than  the  noble  plainness  and  simplicity  of  a 
gentleman,  especially  of  one  who  in  this  very 
paper,  so  much  boasts  of  the  sincerity  awl 
candour  of  his  whole  tife,  and  of  his  perpetual 
hatred  of  tricks  and  evasions."  In  the  same 
work  lonl  Russell  is  styled,  •  a  person  carried 


« an  imaginary  return  of  popery.'  This  last 
uncorroborated  imputation,  I  apprehend  to  be  a 
most  base  and  groundless  slander  of  artftxl  un- 
priiicipled,  and  impkicable  malignity.  Sir  Wil- 
fiam  Temple  (whose  testimony  in  fiivour  of 
lord  Russell,  must  be  admitted  to  be  omns 
exceptUme  majui)  calls  him  "a  person  m 
general  repute  of  an  honest  a-orthy  gentleman , 
without  tncks  or  private  ambition,  and  who  was 
known  to  venture  as  ffreat  a  stake  perha|it  m 
any  subject  of  Englaod.'* 


«95]  STATE  TRIALS.  3&  Cuaulbs  It ^68i.— TrW  afWHUafn  Uri  Ruuell,  [Q9S 

80  willing  to  leaFe  all,  that  it  was  iHit  without  I  noOrable  William  ^  earl   »f  Bedford,   in  1km 
difficulty  that  I  did  any  thiqg  for  the  saving  |  month  of  July,,  in  the  fiv^and-tbiitiedi  jr«^ 


my  life  that  was  beg^ng.  But  J  was  willing  to 
let  my  friends  see  what  power  they  had  over 
ane,  and  that  I  was  not  obstinate  nor  sullen,  but 
lYOuld  dp  any  thing  that  an  honest  man  oould 
do  for  their  satisfiction,  which  was  the  only 
motive  that  swayed,  or  had  any  weight  with  m^.. 
^d  now,  to  sum  up  all,  as  I  never  had  any 
Resign  against  the  king's  life,  or  the  life  of 


of  the  reign  of  pur  late  severe^  Iprd  kinjg 
Cliarles^be  second,  at  a  seasions  of  gaol  deli- 
very, holden  at  the  OM  Bailey,  London,  was, 
by  undue  and  illegal  return  of  jurors,  bavins^ 
been  refused  his  Uwful  challenge  to  the  aaad 
jurors,  for  want  of  freehold,  and  by  partial  and 
unjust  constructions  of  law,  wrcmgiullv  con- 
victed, attainted,  and  executed  for  hign  ^'~ 


4iny  man  whatsoever ;  so  I  never  was  in  any    son:  may  it  therefore  please  your  most  excel- 
contrivance  ofaltering  the  govern meipt.    >\hat    lent  hnajesties  at  the  humble  petition  of  the 


the  beats,  wickednesses,  passions,  and  vanities 


of  other  men  have  occasioned,  I  ought  not  to    the  lady  Rachell  Russdl,  .relict  of  the  aaid 


be  answerable  for ;  nor  could  I  repress  them, 
though  1  now  suffer  for  them.     But  the  will  of 
the  Lord  be  done,  into  whose  hands  I  commend 
my  spirit ;  and  trust  that  thou,  O  merciful  Fa- 
ther t  hast  forgiven  me  all  my  transgressions, 
^^he  sins  of  my  youth,  and  all  the  errors  of  my 
jpas.  life,  and  that  thou  wilt  not  lay  my  secret 
sins  and  ignorances  to  my  charge ;  but  wilt 
graciously  support  me,  during  that  small  part  of 
my  life  now  before  me,  and  assist  me  in  my  last 
.moments,  and  not  leave  me  then  to  be  disor- 
dered by  fear,  or  any  other  temptation ;  but 
make  the  light  of  thy  countenance  to  shine 
upon  me ;  for  thou  art  my  sun  and  my  tshield : 
And  as  thou  supportest  me  by  thy  grace,  so  I 
hope^thou  wilt  hereafter  crown  me*  with  glory, 
imd  receive  me  into  the  fellowship  of  angels  and 
.saints,  in  that  blessed  inheritance,  purchase^ 
for  ine^y  my  most  merciful  Redeemer,  who  is, 
I  trust,  at  thy  right-  band^  preparing  a  place 
for  me,  and  is  ready  to  rec^ve  me ;  into  whoee 
}iands  i  commend  my  spirit. , 

(Signed)  .     William  Russe^. 

The  Attainder  was  afterwards  reversed  by 
|he  following  act  of  parlianaent  passed,  i  Wil- 
liam and  Maiy  :• 

''  An  ACT  for  annullingand  making  void  the 
Attainder  of  WILLIAM  RUSSELL,  esq. 
commonly  called  Lord  RUSSELL." 

<<  Whereas  WUliam  Russell,  esq.  comiponly 
,  galled  lord  Ruasell,  eldest  son.  of  the  ri^t  bo- 


said  earl  of  Bedford,  and  the  right  honoorable 


lord  Russell,  that  it  be  declared  and  enacted 
by  the  authority  of  this  present  pnrliament ; 
and  Be  it  enacted  by  the  lung  and^que^n's  most 
excelleiit  majesties,  by  and  with  the  advice 
and  consent  of  the  Lords  Spiritual  and  Tem- 
poral, and  Commons,  in  this  present  parii%- 
ment  assembled,  and  by  authority  of  the  saine^ 
That  the  said  conviction,  judgment,  and  attain- 
der of  the  said  William .  Russell,  commonly 
called  lord  Russell,  be,  and  are   herebv  re- 
pealed, reversed,  made  and  declared  buU  and 
void,  to  all  intents,  constructions,  and   pur- 
poses whatsoeyer,  as  if  no  such  conviction, 
judgment,  or  attainder,  bad  ever  been  had,  or 
made:   and  that  no,  corruption  of  blood,  or 
other  penalty,  or  foifeiture  of  honours,  djgni- 
ties,  landsi  hereditaments,  goodstor  chattek, 
be   by  the  said,  conviction  os  attainder  in- 
curred ;   any  law,  usage,  or  cfistoro  to  the 
contrary  notwithstanding.    And  to   the  end 
that  right  be  done  to  the  memory  of  the  de- 
ceased lord  Russell  aforesaid,  Be  it  further 
enacted,  that  aU  records  .and  prooeodiGga  re- 
lating to  the  said  attainder,,  be  wholly  can- 
celled, and  taken^ff  the  file,  or  .otherwise  de- 
faced and  obliterated,  to  the  inlent  the  same 
may  not  be  visible  in  after  ages :  and  that  at 
the  next  sessions  of  gaol  delivery,  to  be  holden 
for  tlie  city  of  London,  thf .  said  eecords  and 
,  proceedings  shall  be  brought  into  the  Court, 
and  then,  and  theine  taken  off  fitim  the  file,  and 
canj^ellcd. 

WiLiMM  CowpER,  CI.  Pari. 


The  CASE  of  WILLIAM  Lord  RUSSELL^  tried  for  High  Treason, 

13,  AD.  i683. 


*•  the  kwg,'  'a  <  consulting  to.l^y  war,  and  to 
*  that  intent  to  seize  the  guards :'  so  thai  Ibe 
design  to  seize,  the  guards,  is  the  overt  act 
signed  of  ^op^ii-in^  the  king's  death. 


July 

TQ£^  indictment  ia  very  Ions':  but  for 
^bstance  it  is,-  <  for  conspiring  the  dea^h  of 
<  the  king,  and  intending  to  leiry  war,  and  to 

« that  end  to  seize  the  guards;'  For  the  In-    _    ^_^.  ^  ^  w^^. 

lUctmeiit  concludes,  «  ^^d^^the^uards  for  the  ^be  qusiJeTlbeh  1^,  ivheU^r  ^^ 
*  preserv.atioi}i  of  the  person  of  our  said  loi;d  .  wa^  guifty  of'  high-  treason  within  the  statute 

« the  kin^  to  seize  and  destroy,  ^against  the  of  25  ]&i.!3„  (for  upon  that  &tat«te  he  vat 

f  dtily  of  his  allegiance,  against  the  pear^  tried)  imd  I  conceive  b^  was  not  ^  and  thera- 

i&cc.  and  ake  against  the  form  of  the  sta-  fore  bis  attainder  ought  to  be  rerened. 

*^^'^             .          ..                         -  But  before  1  speak  to*  the  matter  of  kmr,«i 

,    'twe  thi^  gave  theur  evidence  agamst  the  whiob  I  shall  cliiefly  insist,  I  must  deaim  you 

msoi^er^  were^Uunsey,  Sheppard,  and  my  kvd  to  observe  some  inoonsistenciea  and  oonli»- 

« VAwai4*       .  dictions  in  the  evidence. 

The  overt  ai^ff  copi^Dg  the  deaths  First^.That  none  of  these  ptrmonhnd  their 


6fff]  STAtE  TRIALS,  55  Cbarl|»  IL  iSSS.-^wr  High  THtfMu 


Pm4mi9  ;  ivUch  waa  otbwwifle  ia  ike 
dMot :  far  no  perw*  g«Te  enrideace  before  he 
had  his  perdkin.  Therefore,  being  anpardoned, 
jfaongh  they  niig;ht  be  legal,  yet  not  credible 
mtDeaws:  both  which  are  reoaired  by  the 
statute.  For  whiht  the  fear  of  death  attends  a 
nno,  he  is  thinking  Bow  he  may  save  hb  life, 
nifasr  than  to  speuL  nothing  but  the  truth  ; 
and  he  that  is  so  base  to  pijircbase  his  own  life 
at  the  nriee  of  another  man's,  will  be  sure  not 
to  speak  less  than  the  truth. 

Neitt  I  obsenre  how  the  king's  council,  by 
the  (piestions  they  put  to  tlie  witnesses,  did 
lead,  if  not,  in  a  manner,  dictate  to  them  what 
to  say. 

And  1  take  notice,  that  my  lord  Howard, 
who  must  be  supposed  to  have  a  full  know- 
]ed|(«ofthe  Plot,  yet  n^ersays  a  word  of 
ibeir  intent  to  seize  the  guards,  which  was  the 
|cinc^|Nil  thing  in  the  evidence  of  Rurasey  and 
'  Sheppard :  for,  had  there  been  any  such  intent, 
it  is  strange,  that  my  k>rd  Howard,  who  had 
brought  in  so  many  other  things  by  head  and 
shoulders,  should  mrget  so  remarkable  a  piece 
«f  avidence,  and  so  home  as  that. 

This  is  only  in  general :  but,  in  particular, 
do  but  obserre  Rumsey 's  evidence. 

He  says,  he  was  not  there  above  a  quarter 
of  an  hour;  and  whilst  he  was  there,  two 
things  were  debated  and  resolved,  and  a  third 
thing  diseoursed.  Surely  they  were  things 
which  they  did  not  much  value  ;  or  else  they 
were  men  of  wonderfiil  dispatch,  that  could 
receire  and  debate  the  message  which  he 
brought  from  my  lord  ShaAesbury,  then  de- 
hate  the  matter  of  the  sxiards,  and  come  to 
a  resolution  in  both  ;  and  afterwards  discourse 
about'the  declaration  ;  and  aU  this  in  a  quarter 
of  an  hour,  or  else  Rumsey  is  perjured. 

Ill'  the  next  place,  it  is  very  remarkable, 
where  he  says,  ^  He  was  not  certain,  whether 

*  he  was  at  another  meeting,  or  else  heard  Mr. 

*  Throgmorton  make  a  report  of  another  meet- 

*  ing  to  my  lord  Shaftesbury.'  And  again  he 
says,  that  *  he  was  not  certain,  whether  be  did 

*  bear  something  about  a  declaration,  when  he 

*  was  at  that  meeting  ;  or  that  Mr.  Ferguson 

*  did  report  it  to  my  lord  Shaftesbury,  that 

*  they  had  debated  it.'  To  say  no.  more  of  it, 
it  n  very  strange,  that  a  man  cannot  be  certain, 
whether  he  knows  a  thing  of  his  own  know- 
ledge, or  by  hearsay :  and  if  in  so  plain  mat- 
ters as  those  he  spoke  on  uncertain  know- 
ledge, it  is  not  unreasonable  to  suppose,  that 
he  might  as  easily  be  mistaken  in  the  rest  of 
his  evidence. 

Then  as  to  Sheppard ;  he  first  swears,  point 
blank,  that  my  lord  Russell  was  at  two  meet- 
ings at  his  house.  But,  being  pressed  by  my 
lord  Russell,  he  can  remember  but  one ;  and 
when  liiat  was,  he  could  not  recollect  himself, 
though  not  above  eight  or  hine  months  before, 
esr  he  confesses.  It  is  strange  th%t  a  man 
ihoald  be  sb  much  in  a  wood  about  so  remark- 
Ms  a  thing.  But  surely  it  must  lie  hard 
ppon  the  prisoner,  that  the  time  could  not  be 


JsNtx'IbrifwitiwflMS  may  give  evidence  at  /deed.' 


that  rate,  it  will  be  much  ado  for  any  prisoner 
to  make  his  defence. 

As  to  my  lord  Howard ;  his  evidence  is  so 
n<itorious,  that  I  need  say  nothing  of  it,  but 
refer  you  to  the  printed  trial  for  your  satisfoG- 
tion :  only  I  will  take  notice  of  one  thing 
which  he  says,  to  reconcile  what  he  said  to 
my  lord  of  Bedford,  my  lord  Angiesey  being 
present,  and  what  he  almrward  swore  against 
my  lord  Russell  at  his  trial.    Says  he,  *  Your 

<  lordship  ^knows^  that   every,  insn  that  vras 

*  committed,  was  committed  for  a  design  of 
«  murdering  the  king.    Now  I  laid  hcSd  oa 

<  that  part :   for  I  was  to   carry   my  knifo 

*  close  between  the  paring  and  the  apple;  and 

<  1  did  say,  that  if  1  were  an  enemy  to  my 

<  lord  Russell,  and  to  the  duke  of  Monmouth^ 

<  and  were  called  to  be  a  witness,!  musS  have 

*  declared,  in  the  presence  of  God  and  man, 

<  that  I  did  not  believe  either  of  them  had  any 

<  design  to  murder  the  king.' 

As  to  the  first,  what  he  said  to  my  krd  of 
Bedford,  was  as  to  the  Plot  in  geiieral ;  and  if 
to  any  particular  part  of  it,  it  must  be  as  to 
the  insurrection ;  for  there  was  to  be  my  lord 
RusseU's  province. 

Secondly,  My  lord  Howard  knew,  that  all 
that  were  committed,  their  commitmaits  run 
atf  well  '  for  levying  of  war,  as  for  conspiring 
*•  the  king's  death.'  ,  So  that  bis  lordship  must 
find  out  something  that  will  reconcile  himself 
to  himself,  better  than  his  *  knife  betwixt  the 

*  apple  and  the  nann^ ;'  or  else  it  will  follow, 
that  be  solemnly  said  one  thing,  and  swere 
another. 

I  have  but  only  touched  these  tbingfi;  be- 
cause J  hasten  on  to  the  matter  of  law.  For 
though  it  were  without  contradiction,  that 
every  thing  sworn  against  my  lord  Russell 
were  true,  yet  it  did  not  amount  to  high 
treason. 

First,  Because  a  '  conspiracy  to  lery  war'  is 
not  an  *  overt  act  of  imagining  the  death  of 

<  the  king.' 

In  arguing  of  this,  I  will  not  meddle  at  all 
with  the  original  of  allegiance,  nor  the  tnie 
nature  of  it ;  neither  make  any  discourse,  that 
heretofore  it  was  a  less  ofi^nce  to  plot  against 
the  king's  lite,  than  against  the  government ; 
but  i  will  leave  those  sore  places,  and  endea- 
vour to  prove  my  point,  by  consklering  these 
five  tlnngs : 

First,  Whether  any  Court,  the  parliament 
excepted,  can  try  a  man  upon  an  indictment 
for  high  treason,  that  is  grounded  upon  the 
common  law. 

Secondly,  To  what  end  and  intent  the  sta- 
tute of  25  Edw.  3,  cap.  %  was  enacted. 

Thirdly,  Whether  [conspiring  the  death  of 
the  king,]  and  [levying  of  war,]  are  distinct 
species  of  treason. 

Fourthly,  whether  every  law  is  not  to  be 
construed,  ibost  strictly  to  restrain  the  mis- 
chief against  whkh  it  was  enacted. 

Fifthly,  what  is  the  true  meaning  and  sig- 
nification of  beiDflr  '  provably  attainted  by  oveH 


699]  STATE  TRIALS^  35  Charles  IL  iGSS.^Trial  of  JVUlim  Lsri  nunell,  [fOO 


1.  As  to  the  first,  it  seems  to  be  out  of 
doubt :  at  this  day  there  can  be  no  such  thtngf 
as  an  indictment  at  coiiimon  law  for  high 
treason  ;  though  for  other  things  there  may : 
because  there  is  no  precedent  of  it,  since  the 
statute  of  25  Edw.  3.  For  nothiug  is  more 
common  than  for  every  prisoner  that  is  ar- 
raigned for  high  treason,  to  dem&nd  upon 
what  statute  he  is  indicted,  and  the  Court,  or 
king's  counsel,  to  tell  him  the  particular  sla- 
tute.  Besides,  every  impeachment  before  the 
Lords  in  pariianient,  is  gi*ound^  upon  some 
statute :  and  if  so,  a  fortiori,  no  inferior  Court 
can  try  a  prisoner  upon  an  indictment  for  hin^h 
treason,  grounded  upon  the  common  lavr.  For 
the  law,  which  greatly  delights  in  certainty, 
especially  in  case  of  life,  will  not  allow  of  an 
indictment  at  common  law  :  because  no  issue 
can  be  joined  upon  it,  by  reason  of  the  uncer- 
tainty. 

As  to  the  second,  viz/  To  what  end  or  intent 
the  statute  of  25  £dw.  3,  was  made  ?  1  thus 
answer : 

Edward  3  was  a  victorious  captain,  and 
potent  prince,  whereby  be  became  verv  renown- 
ed ;  but  that  which  made  his  name  the  greater 
and  his  fame  the  more  lasting,  was  those  good 
andwholesomo^laws  which  were  enacted  in  his 
time ;  by  which  he  restored  and  beautified  the 
l^emment,  that  had  been  defaced,  and  almost 
destroyed,  by  the  proceedings  during  his  fa- 
ther's irregular  reign.  And  of  all  the  oppres- 
sions under  which  the  nation  groaned,  there 
was  none,  that  lay  heavier  upon  the  people, 
than  the  extravagant  licence  which  the  judges 
took  io  the  interpretation  of  treason.  And  this 
«ppeajrs1>y  the  particular  and  universal  Iby  ex- 
pressed by  the  whole  land,  at  the  making  of 
the  said  statute ;  for  though  he  ddled  parlia- 
ments very  frequently,  and  hone  or  them 
proved  abortive  of  gooa  laws,  yet  that  parlia- 
ment which  was  held  in  the  85th  year,  did 
more  than  any  of  the  rest :  and  of  all  the  be- 
neficial laws  that  were  then  enacted,  the  second 
statute,  whereby  treason  was  reduced  to  oer« 
tainty,  gave  the  p^ple  the  greatest  cause  to 
lift  up  their  heart  and  voice  in  thankfulness  to 
God  and  the  king;  because  the  jaws  of  their 
devouring  monster  were  broken, 'whicfa  had 
torn  in  i»ieces  so  many  families,  and  threatened 
destruction  to  the  rest  So  that  this  statute 
was  nuule  to  restrain  and  limit  judges  (iiom 
calling  any  thing  treason,  that  might  be  so  by 
inference  or  impticatioa,  and  only  to  judge 
upon  that  which  u  litcraHy  so  witbm  that  sta- 
tute. For  it  is  there  proyided,  that  if  any 
such  like  treasons  shall  come  before  any  of  the 
justices^  that  they  nuiststay,  without  going  to 
ludgment,  till  the  cause  be  declared  bdbre. the 
Idug  and  hb  parliament  And  all  subsequent 
statutes  of  treason  are  all  as  so  OMoy  oonfiraia- 
tions  of  this  statute:  for  they  had  been  nee^ess 
if  the  judges  could  have  ^called  any  thing  trea- 
son, but  what  is  literally  such  witain  that  sta- 
tute. And  the  statute  itself  had  been  made  to 
po  purpose,  if  it 'had  aot  strictlv  reslndnod  the 
jodgei.    And  my  lord  chaocellor  Nottingham 


was  of  opinion,  that  even  the  lords  in  parfia* 
ment  could  not  proceed  dbon  aa  iadictiiieot 
for  High  Treason,  unless  tne  ftct  therein  al- 
ledged  were  first  declared  by  some  statate  to 
be  treason. 

3.  As  to  the  third  thing,  it  nerer  was,  nor 
will  be  denied.  That  compassing  tbft  dtath  of 
the  king;  and  levying  of  -war,  are  two  distjaot 
sjiecies  of  ti^cason,  unless  all  treasons  are  of  the 
same  kind.  But  if  there  are  several  sorts  of 
treasons,  then  ft  will  follow,  that  these  are  also 
distinct^  because  in  every  statute  of  treason, 
which  mentions  conspiring  the  death  of  the 
king,  and  lovyhig  of  war,  they  are  named  dis- 
tinctly. Besides,  they  are  difiTerent  in  the 
manner  of  proof :  for  ttiat  which  is  necessary 
to  prove  the  one,  does  in  no  sort  prore  tlie 
other.  And  fUrtlierrooi'e,  the  one  may*  be  ef- 
fected, and  the  other  never  so  much  as  intended 
or  designed.  As  for  example,  the  king  ma^^' 
be  murdered,  and  no  war  levied  nor  i..tendedk 
And  moreovt-r,  in  the  one  case  it  is  trea« 
son,  as  well  to  intend  as  to  execute  it,  with* 
out  tacking  it  to  any  other  thing :  hut  it  is 
not  so  in  the  other ;  foir  it  is  in  itself,  and  ab- 
stractly from  cverv  thing  dse,  treason,  as  wdl 
to  compass  the  bug's  death  as  to  kill  hina, 
But  an  intention  to  levy  war,  and  doing  all 
things  in  order  to  it,  is  not  treason,  unless  Ilia 
war  oe  levied,  except  by  implication  or  infer- 
ence. And  I  am  persuaded,  that  the  want  ol 
obsfTvhiff,  that  these  are  distinct  species  of 
treason,  has  been  the  occasion  of  that  mistake  af 
calling  a conspiracjr  to  levy  war,  an  overt  act' 
of  conspiring  the  long's  death. 

4.  As  to  the  fourth,  no  doubt,*  eveiy  statote 
is  to  be  oonstrued  most  strictly  to  restrain  tlie 
mischiefs  against  which  it  was  enacted.  For 
the  uninterrupted  course  of  all  judgments  and 
resolutions  bath  been  accordingly;  abd  nothni|p 
can  more  directly  thwart  eommon  sense,  tinui 
to  miake  it  otherwise.  And  thereibra,  if  the 
statute  be  absolute,  the  more  foociUy  it  is  god  - 
strued  to  restrain  that  mischief,  the  more  truly 
is  the  intent  of  that  statute  pursued.  For  how 
shall  any  evil  be  suppressed,  if  the  remedy 
must  be  applied  but  by  halves?  Thalaw  thee 
would  be  rather  a  mocJcery,  than  a  means  ta 
redress  the  evil,  if  it  shall  not  be  taken  mast 
9^^f^g}j  a^nst  it  Either  it  is,  or  it  is  wA^  a 
restraint  ot  the  grievance  complained  oC|  If  it 
is  not,  why  was  it  made?  if  it  is,  why  moat 
it  not  be  understood  in  that  sense,  wber»y  the 
mischiefor  evil  may  be  more  efibctually  sop-' 
pressed  and  prevented  ? 

5.  As  to  the  fii)h,  the  answer  will  be  beat 
understood  by  considering,  first,  the  aigmft- 
cation  of  the  two  words  apart,  vis.  Provably 
and  Overt 

Ph>vably,  signifies  to  prove,  or  mdie  good 
by  evidence,  arguntient»  reason,  or  teslimooy. 

Overt  has  all  thesejngnifieations,  open,  clear, 
plain,  apparent,  manilist,  notorious,  erideBl, 
public,  known,  undoubted,  i:eitain,  penpicuaua. 

These  then  beinff  the  signiiicataaBs  of  tbeaa 
words,  what  can  toHow  more  naturally,  than 
that  to  h^  pravaUy  attainted  by  orert  das4 


yo I  ]    •         STATE  TRIALS^  35  Ch A3LB8 II.  1 683.— /«•,  High  Treason.  .  [70  J 


lathattheftct  musl  not  only  be  .direct,  appa- 
real,  aad  notorioiit  to  the  poiot,  but  it  most 
also  be  pi«>?ed  clmdty^  erkieatly,  plainly,  aod 
per^MGUomly,  Toid  of  oil  doabt  or  obscurity  ? 
And  those  two  words  being  taken  together,  do 
the  better  expound  each  other,  and  seena  to  be 
choice  words,  and  words  of  art  culled  ou\  by 
the  peonersc^thai statute,  as  the  most  expves- 
sive^  to  exclude  all  ioipUcations  or  inference, 
that  migfat  be  made  iu  case  of  treason. 

These  things  >  beiog  (tremised,  which  are 
sfeessiiy  prov^  as  alleged,  there  will  remain 
very  little,  besides  shifts  and  evasions,  to  pi-ove 
that  a  conspiracy  to  levy  war  is  an  overt  act  of 
ixmipasBing  the  king's  death. 

Toe  thin^  that  are  chiefly  and  commonly 
urged  to  maintain  that  opiniou,  are  these  two  : 

First,  It  would  be  of  dangerous  consequence 
if  a  conspiracy  to  lery  war,  may  not  be  iDtt'r- 
preted  an  otert  act  of  compassiing  the  king's 
oeath ;  because  there  is  no  means  lei't  to  prevent 
it,  and  the  miscluef  aUeiidiug  it,  when  the  war 
is  levied. 

Secondly,  if  a  war  l»e  levied,  the  death  of  the 
lung.must  needs  be  intended,  and  will  certainly 
cihne,  if  the  rd»els  prevail. 

In  answer  to  these  it  may  be  replied,  That 
the  one  of  them  is  but  a  bare  objection,  and 
Ibt  other  no  substantial  argument ;  beraiisc 
it  begs  the  ijuestion,  wluch  is  surely  ai'ccble 
way  of  arguing.  / 

But  I  will  pvc  a  more  pariictilar  answer  to 
thero.  And  it  will  be  more  proper  to  Itegiu 
'  with  the  second  ;  because  in  6|i€aking  to  it,  the 
other  will  in  great  me^ure  receive  au  answer. 

Now  as  10  tlie  second,  it  may  be  observed, 
that  the  death  of  the  king  is  made  so  certain 
aod  aece«ary  a  consequence  of  levying  a  war, 
that  by  reason  of  that  certainty  a  conspiracy  to 
lerjr  war  is  an  overt  act  of  compassing  the 

S3  death.  If  therefore  the  certainty  wiU 
old,  but  that  many  cases  may  be  put,^aDd 
instaiices  produced,,  wherein  the  king's  death 
is  not  intended,  nor  did  ensue  upon  the  pre- 
vailing of  the  party,  then  is  the  whole  weight 
and  strength  of  the  argument  of  no  effect,    i 

The  Hu^^uenols  in  France  have  heretofore 
assembled  m  arms ;  and  though  they  repeated 
it  several  times,  yet  on  which  of  those  occa- 
sions does  it  appear,  either  by  thd  cause  of  their 
coming  together  in  that  manner,  or  bjr  the 
affect  of  it,  that  it  was  levelled  at  the  king's, 
life  ?  No,  the  cause  of  their  rising  in  arms  was 
for  the  asserting  of  their  religion,  and  just 
r^hts.  For  as  soon  as  their  reasonable  de- 
mands were  satisfied,  they  laid  down  their 
anns  more  willingly  than  they  took  them  up ; 
aeitlMr  did  they  attempt  any  thing  against  tne 
king's  Isfc,  wjien  he  was  in  their  power ;  but 
after  they  were  answered  in  those  things  to 
which  they  had^  i%ht,  botli  by  the  laws  «f 
nature  and  the  govemmeut,  immediately  they 
returned  home  in  peace,  and  upon  all  other  oc  • 
canons  proved  the  most  firm  and  loyaUest 
snMeotsof  all  other  in  that  king's  dommions, 
and  so  this  piesent  king  d*  France  must  testify 
£ir  them,  if  he  will  do  uiem  right*  ... ,. 


If  the  Protestmts  m  France  should  at  this 
time  rise  in  arms,  upon  so  jusi  a  provocation  as 
now  they  have,  it  woidd  be  senseless  to  sup-« 
pose,  that  they  levied  the  war  irith  a  principal 
design  to  morder  the  king,  and  not  for  Uia 
defence  of  themselves  and  just  rights,  whwb 
are  so  inhumanly,  andagaiiMall  law  and  jus- 
tice, at  this  time,  invaded  and  ravished  irom 
them.  Story  is  foil  of  like  cases  and  instances 
to  this.  But  to  speak  more  particulariy  to 
England:  what  was  the  baron's  war?  the 
answer  to  which  must  be,  that  they  took  un 
arms  to  assert  their  rights  and  liberties,  which 
the  king,  contrary  to  his  oath,  with^held  from 
them  :  and  though  it  lasted  near  40  years,  yet 
the  king's  death  was  never  intended,  nor  bis 
life  in  any  danger :  for  as  soon  as  their  iust 
demands  were  answered,  they  put  up  their  . 
swords,  and  cvciy  mani>.iurned  home,  and.  ' 
prayed  for  the  lite  of  tl-e  king.  And  out  of 
English  story,  what  one  instance  can  be  pro- 
duoed,  where  the  cause  of  war  was  declared 
to  be  against  the  king's  lifo ;  or  if  the  party  pre^ 
vailed,  the  king  was  to  be  put  to  death  by  their 
general  consent  and  approbation  ?  for  though 
It  be  true,  that  there  are  some  instances,  where 
they  have  been  murdered  after  the  war ;  yet  it 
is  also  as  true,  that  it  was  by  private  assassina- 
tion, and  not  by  the  consent  and  privity  of  those 
who  levied  the  war ;  for  all  tliose  who  were 
concerned  in  the  mnrdcr,  were  aftorwards  con- 
demned and  executed  for  it,  as  traitoni :  as  i^ 
the  cascof  £dw^  2.  and  Ric.  2. 

As  tor  that  of  Charies  the  First,  which  is  s» 
much  pressetl  and  urged,  though  the  cause  oC 
war  had  been  expressly  against  his  life ;  yet  as 
one  swallow  does  not  make  a  summer,  so 
neither  does  one  precedent  prove  the  point. 
But  besides,  in  that  case  ^f  Ciiarles  the  First, 
to  infer  from  thence,  that  the  king's  death  is 
principally  intended  by  levying  of  war,  is  alto* 
gether  as  weok  an  argument,  as  to  say,  be- 
cause a  thJn^  falls  out  by  accident,  thene&re 
that  very  thuig  was  the  principal  design  and 
aim  of  the  whole  action.  For  in  that  war, 
those  who  first  took  up  arms,  did  it  to  oppose 
the  king's  arbitrary  practices ;  and  though  be 
was  afterwards  put  to  death,  yet  it  was  altoge- 
ther against  tlkeir  consent  or  desire ;  and  most 
of  the  army  was  against  it,  and  would  hare 
prevented  it,  but  that  they  were  at  that  time  so 
broken  into  factions  and  parties,  that  they  durst 
not  trust  one  another.  ,For  after  that  tragedy 
was  acted,  ihose  who  first  took  up  arms,  un- 
mediately  upon'  it  laid  them  down,  and  were 
aflenvards  tne  chief  inatruments  of  the  lata 
king's  restoration. 

But  if  the  kind's  death  be  the  principaL  thutf 
intende<l  by  levymg  of  war,  to  wlnt  puroose  la 
the  war  levied?  cannot  the  king  be  taken  off 
mon  easily  by  poison,  or  a  pHrivate  assassina- 
tion ?  To  the  effecting  of  which,  opportunity 
cannot  be  wan^g;  and  so  with  more  certainty 
the  end  isobtaJBod,  and  a  less  hazard  ran  io 
the  execution,  than  oouUl  be  done  by  a  war; 
exceiMt  those  who  levy  the  war  to  kill  the  king, 
aire  not  confeut  with  me  murder  of  him,  wim 


ro3]  STATE  TRIALS,  36  Chaeles  H.  l6S3.--TrUa  of  WiWmn  Lord  Rvml^  [704 

tbey  ciA  the  throtts  of  all  those  that  would 
defend  him.  Indeeil  to  do  it  by  an  open  war, 
rather  than  by  poiami,  or  a  pri?ate  assaasinap 
tion,  is  the  more  gmeroos  way ;  for  they  gire 
him  fair  warning  to  look  to  himself,  like  a 
noble  enemy,  that  scorns  to  kill  his  adversary 
basely.  It  is  indeed  to  gt>  round  about,  for  the 
pearest  way.  Therefore  a  war,  when  levied, 
must  be  for  some  other  Intent,  than  to  take 
avi^ay  the  king's  life:  since  Englishmen,  if 
they  enjoy  their  properties,  no  prince  is  so 
great  and  happy  in  ttie  heads,  hearts,  hands 
and  purses  or  his  subjects  as  an  English  king. 

But  yet,  allowing  that  upon  every  war 
levied  toe  death  of  the  king  would  certainly 
ensue  if  the  rebels  prevail;  yet  this  question 
does  naturally  arise,  viz.  Where  is  that  statute 
which  does  in  express  terms  say,  That  a  con- 
Sjpiracy  to  levy  war  is  treason  P  for  if  it  be  not 
vo  expressly  inA  literally  within  some  statute, 
&en  It  b  a  constructive  treason,  and  conse- 
<|uently  no  such  treason,  as  upon  which  the 
judges  may  proceed,  if  the  statute  of  35  Ed.  S 
was  made  to  any  purpose:  for  that  the  statute 
fl«strains  all  constructive  treason,  or  none.  But 
ifthejudjfes  may,  in  any  one  case,  make  a 
eottstruetive  treason,  they  may  do  it  in  all ; 
and  so  we  are  leH  in  the  same  uncertainty  about 
treason,  as  we  were  before  that  Stat.  35JBdw.  3 
was  made. 

If  the  judges  might  judge  upon  constructive 
treason,  yet  it  seems  to  be  a  far-fetched  con- 
«truction  to  make  conspiracy  to  levy  war,  an 
overt  act  of  companing  the  king's  death :  For 
this  is  not  to  be  probably  attainted  by  overt 
oBeu^ 

First,  Because  the  conspiring  the  death  of 
the  king,  and  levying  of  war,  are  two  distinct 
species<of  treason ;  and  therefore,  it  would  be 
yfery  unnatural,  and  too  much  forced,  to  join 
thMe  together ;  and,  as  it  were,  to  make  them 
one  and  the  same  thing,  that  are  so  different 
and  divers,  not  only  in  the  manner  and  matter 
of  proof,  but  also  in  themselves. 

For  then,  secondly,  a  conspiracy  to  commit 
any  other  treason,  may  also  be  cabled  an  overt 
act  of  imagining  the  lung's  death :  which  was 
never  yet  pretended. 

Thirdly,  A  conspnring  of  any  one  treason 
nay  then  be  an  overt  act  of  anyotlier  treason. 

Fouithly,  Any  other  criibinal  act  may  then 
M  Well  be  called  an  overt  act  of  coos^ng  the 
loDff's  death. 

FiUbly ,  This  is  to  make  a  conspiracy  to  levy 
war,  treason  in  itself  For  there,  is  very  litlie 
difmsnoe  between  calling  a  thing  treason  in 
itself,  and  to  make  it  an  overt  act  itfsome  trea- 
fbii  within  the  stmtnle. 

Sixthly,  Because  a  conspiracy  to  levy  war, 
was  BOl  treason  at  comnKNi  law. 

Ssfvaothly,  the  Statutes  of  flS  Slix.  and  the  1 
wad  3  Jac.  4.  which  make  it  high  treason  to 
Mooftotle  any  to  the  church  or  see  of  Rome:  or 
to  be  ao  reoondM,  were  enaoted  to  no  purpose. 
If  ft  eoflspiraoy  to  levy  war  is  an  overt  act  of 
tiM  eonpaastng  the  fii^s  death.    For  what 


imiiQdmQfeplaiiilji 


totovywir, 


than  to  pemliade  the  people  toxenomwe 
alleffiance  to  the  king,  and  to  promise  fiuth  and 
obedience  to  some  otner  pdwer?  so  that  tkeae^ 
and  all  other  statutes  concerning  treason,  which 
have  been  made  since  the  statute  of  Sd  £dw. 
3.  are  as  80  many  confirmatiooB  of  it ;  andeon* 
s^uently  prove,  that  the  judges  can  call  no- 
thing treason,  but  what  is  literally  such,  withia 
that,  or  some  other  statute. 

Eighthly,  My  lord  Coke  says,  tbatoonspiraey 
to  levy  war  is  not  treason,  unJess  the  war  is  le- 
vied m facto.  And  questionless  his  opinioii  ii 
very  good  law ;  because  in  many  cases  it  is  net 
treason  to  levy  war ;  ti  a  fortiori^  a  oons^raey 
cannot.  For  look  into  the  statute  of  i  Q* 
Mary,  and  there  you  will  find  several  things 
provided  against,  which  are  plainly  and  m- 
rectly  a  levying  of  war,  and  yet  they  are  de«. 
clared  to  be  but  felony. 

But  it  nuTy  be  objected.  That  by  Stit.  3  and 

4  Edw.  6«  the  offences  mentioned  in  1  queen~ 
Mary  were  made  treason.  It  is  very  true ; 
yet  It  does  not  alter  the  case,  but  rather  proves 
the  point.  For,  first,  they  binng  made  treason 
by  statute,  proves  that  it  was  not  so  in  itself. 
Secondly,  because  in  the  two  next  succeeding 
reigns  it  is  declared  to  be  bnt  felony.  For  the 
statute  of  queen  Mary  is  confirmed  by  1  Elis. 
16.  An^d  thereupon  the  argument  is  tlie 
stronger ;  because  these  two  queens  were  of 
different  religions.  Thirdly,  beouisewheo  n 
thin^  is  declared  an  offence  by  act  of  parliament, 
and  is  afterwards  made  a  less  offence  by  stn* 
tute,  it  proves  that  it  was  not  so  great  in  itself  ; 
but  that  the  neoessaiy  circumstancea  of  time 
and  affairs  required  it  shouU  then  he  such. 

Bui  the  case  is  yet  stronger,  becanse  insooM 
cases  it  may  be  but  a  trespass  to  levy  war ;  an 
it  was  in  the  case  of  my  lord  Northumberland. 

5  Hen.  4.  He  did  antualiy  raise  ibroes,  and 
such  as  were  taken  to  be  a  levying  of  war :  Ibc 
which  he  was  questioned  befora  uie  lords,  and 
tried  for  high  treason.  But  though  the  tordi 
did  find  the  Act,  yet  they  adjudged  it  bat  a 
trespass ;  because  the  powen  raised  were  not 
agamst  the  king,  but  against  some  sulnecfea. 
This  precedent  seems  to  carry  great  wei|[lit  in 
it :  Furst,  because  it  is  a  judgment  sriven  m  the 
highest  court  of  judicature :  Seoondly,  beeaneo 
it  was  given  so  soon  afler  the  making  the 
statute  of  25  Edw.  3,  who  must  be  suppose^ 
to  understand  the  intent  and  meaning  of  timt 
statute  full  as  well  assuooeedinff  ages. 

The  case  of  those  who  aided  sir  John  Old* 
castle  might  also  be  urged ;  who  were  ac* 

E'led,  because  n^  their  &finoa  it  did  ipnanr^ 
by  reason  of  fear,  and  to  save  thenwdven, 
they  were  constrained  to  whattheydki.  Whidi 
is  ground  for  another  aigument,  if  tibere  wcm 
oecasioa ;  becanse  it  proves  that  the  nucdai  m. 
law,  '  Actus  non  sit  reus,  nisi  mens  ait  ran,* 
holds  in  case  of  treaaon,  as  well  as  in  aU  olbar 
caaea.  But  I  think  there  is  no  nwd  of  iti 
for  if  w»  may  be  levied,  which  ie  neidMr  tran« 
son  Bar  fUony ,  it  must  be  a  very  uuMtonl  «an«- 
stmelkin  of  a  con^iracy  to  levy  war,  to  mnisa 
it  an  overt  act  of  compMHDftMkii^'idmhu 

4 


r05]  ST  ATE  TBIAL^  UCAAUhtAll.  I6^.^f or  Bigkli^eaion.  [706 

ThiM  the  fwcond  tfiiii^  objected  has  receiTed  1  tute  of  85  Edw.  S»  has  provided,  That  if  hny 
a  fiiH  answer,  and  hkewue  the  first,  in  a 'great  such-like  treasons  come  before  tbe  justices, 
measure.    Yet  I  will  add  a  few  words,  that  no    they  must  tarry  withou^  going  to  judgment. 


ikmbt  may  remain 

If  the  osDScqaenoe  on  all  hands  be  duly  coo  ^ 
sidcred,  the  danser  will  be  found  to  he  on  the 
ether  hand :  yet  be  it  as  great  as  can  be  pre- 
tended; it  must  be  remembered,  that  the  law 
has  settled  the  point  i  and  so  it  must  stand,  till 
by  the  same  authority  it  be  altered.    For  the 
nde  in  law  is  not  to  be  forgotten,  '  Nemo  Le- 
*  gibos  Sapientior.*  It  is  pretended,  that  oui  of  a 
ttnder  vespBrd  which  the  law,  and  all  subjects, 
ought  tohaTe  for  the  Icing's  life,  a  conspiracy  to 
levy  war  is  taken  to  be  an  overt-act  of  com- 
paoing  the  king's  death :  to  this  it  may  be 
answered  by  way  of  question,  how  comes  it 
sbout,  that  this  age  should  have  a  greater  care 
of  the  king's  iifo  than  our  forefathers  bad? 
€an  it  be  unagined,  that  they  did  not  under- 
stand the  nature  of  the  eovemment  as  well  as 
we  do  ?  nor  did  know  of  what  consequence  to 
the  public  the  preservation  of  the  king's  hfe  is  P 
can  it  be  thought,  that  they  did  not  impartially 
weigh  and  consider  the  consequence  on  all 
hms  ?  yet,  however,  let  the  defects  be  never  so 
many,  seeing  it  is  settled  by  law,  it  cannot  be 
altered  bat  by  the  same  power :  For  if  it  may, 
then  let  the  consequences  be  seriously  debated, 
of  leaving  it  in  the  breast  of  the  jndjres  to  rec- 
tify the  mistakes,  or  defects,  be  they  fictitious  or 
real.     For  then,  when  a  turn  is  to  be  served, 
the  law  will  be  sure  to  be  defective ;  and  so  in 
eAsct  they  shall  Legem  dare.    Treason  will 
then  be  reduced  to  a  certainty ;  that  is,  if  the 
jiidges  please;   otherwise  not :  There  will  be 
then  no  need  of  parliaments:  for  the  judges 
shall  both  declare  and  make  law.    What  will 
all  our  laws  signify,  though  made  and  penned 
with  all  the  radom  and  caution  that  a  ^ia- 
ment  is  capable  of,  if  the  judges  are  not  tied  up 
and  boond  by  those  laws  ?  it  renders  parliaments 
wdeaii;  andf  sets  the  judges  above  that  great 
council*    They  can  undo  what  the  other  has 
done.    The  parliament  chains  up  some  unruly 
evil,  and  thejudges  let  it  loose  again.    Butbe- 
sides,  vrhere  u  this  dangerous  consequence,  as 
isobfected?  indeed  there  had  been  some  weight 
in  the  ol^ection,  had  a  conspiracy  to  levy  war 
bee^  wholly  unpunishable.    But  the  law  has 
provided  a  punishment  commensurate  to  the 
ofience ;  which  though  it  does  not  extend  to 
Jifo,  yet  is  soffident  to  deter  men  from  the  com- 
misnon  of  it.    Yettf  a  conspiracy  to  levy  war 
is  to  be  punished  in  as  high  a  degree  as  a  wbx 
when  levied,  this  wonld  be  to  punish  thoughts 
M  highly  as  Heed ;  which  if  it  be  just,  yet  is 

J8sniitiiiii;«i. 

Mr.  »>licitor  Finch  twittered  out  two  or 
three  imperfect  precedents,  viz.  that  of  my 
fold  Cobham,  Dr.  Story,  and  PlonkeL  These, 
as  they  are  not  altogether  to  the  purpose,  so 
they  are  so  very  modem,  that  no  mat  regard  iai 
to  be  had  to  them  ;  and  they  rather  prove  the* 
ignorance  or  boldness  of  tnose  jndges,  than 
£at  a  conspiracy  to  levy  war  is  an  overt -act  of 
compassing  the  long's  (kath:  because  the.  fta- 

vou  IX. 


till  the  cause  be  shewed  before  the  king  and 
his  paritament :  and  therefore  for  those  judges 
to  take  upontbem  to  judge  u[)on  that  which  was 
doubtful,  and  not  litmlly  nor  expressly  a  trea« 
son,  was  to  assume  the  part  whicn  the  king  anil 
parliament  had  reserved  to  themselves.  And 
therefore,  upon  what  has  been  said,  this  con- 
clusion will  follow,  that  no  man  can  (before  the 
judges)  be^nvicted  of  treason,  unless  the  fact, 
be  expressly  and  literally  treason  within  some 
statute,  and  he  be  thereof  provably  attainted  by 
some  overt-deed ;  and  consequently  a  eonspi* 
racy  to  levy  war  is  not  an  overt-act  of  coin- 
passing  the  king's  death,  bat  a  ^respsss,  or 
nigh-misdemeanor:  and  therefore,  the  judgf- 
ment  against  my  lord  Russell  was  mauilestiy 
unjust ;  and  so,  of  course,  it  ought  to  be  re- 
versed. 

If  a  conspiracy  to  levy  vrar  were  treason  of  . 
itself,  or  an  overt  act  of  imagining  the  khig^s 
death,  yet  my  lord  Russell  was  not  giiilty  of 
high  treason  within  the  Stat,  of  35  £dw.  3, 
b^use  the  overt^act  assigned  against  htm, 
WQS  his  being  of  a  counsel  of  six  to  manage  an 
insurrection,  and  in  order  to  it  to  seiae  the 
guards,  for  had  he  actually  seized  the  guards, 
yet  it  could  not  be  tieason  within  the  citatnte 
25  £dw,  3. 

First,  Because  the  guards  are  not  settled  hy 
act  of  parliament,  and  consequently  they  have 
no  legal  force  :  For  the  law  has  pronounced, 
that  all  standing  force  other  tlian  the  tnilitia, 
is  iu  terrorem  popmli,  illegal,  and  a  grievance  ; 
and  the  reason  uf  it  is  dear ;  because  the  law 
does  never  protect  or  countenance  any  thing 
that  is,  or  may  be  bordensome,  or  that  is  use- 
less ;  And  it  is  so  evident  that  in  tlie  pensionary 
parliament,  this  vote  passed  in  the  House  of 
C)omroons,  nemine  contrad^ente :  That  all\ 
standing  force  other  than  tbe  militia  is  iU^fal, 
and  a  grievance:  and  though  they  haveyhe 
king's  commission,  as  may  b«  objected  ;  y^bis 
commission  cannot  make  that  lawful  that  j^  il- 
legal, no  more  than  he  can  tolerate  a  rie%  or 
pardon  a  common  nuisance :  for  if  several  p^- 
sons  were  tried  for  a  riot,  and  it  manifestly  ap- 
pear upon  the  evidence  tp  be  such,  would  their  ^  ' 
producing  the  king's  commission  keep  them 
outof  the  compass  of  the  law?  Or  should  those  * 
who  did  assemble  together  to  suppress  them, 
be  guihy  of  levying  war,  because  those  other 
persons  had  the  king's  commisaon  ?  Therefore 
if  my  lord  Russell  nad  assembled  a  force  suf- 
ficient to  seize  the  guards,  the  most  that  could 
have  been  made  of  it,  was  to  bring  it  within  the 
statute  of  the  t  Qu.  Mary  It,  which  makes  it 
but  folony .  And  this  being  duly  oompbred  with 
the  precedents  urged  by  Mr.  Attorney,  and  Mr. 
Sehoitor,  will  retort  them  strongly  upon  them- 
^hres. 

Secondly,  It  could  not  be  treason  within  the 
statute  S5  £d.  3,  because  at  the  time  of  making 
that  statute,  there  was  no  such  thing  as  the 
guards :  For  the  first  thing  of  that  sort  was 

2Z 


707]  STATE  TRIALS,  35  CHARLSa  II.  l68S.— THo/^f  miBomLorditiiMeU,  [708 


the  band  of  pensiotiera  which  Hen.  7,  setup  in 
imitatioii  ot  what  he  had  seen,  and  learnt  in 
France :  for  in  iSd.  the  Sd's  time,  though  Ira 
\t-a$  the  third  that  without  interru^ition  had 
aucoeeded  to  the  crown;  yet  succession  had 
not  then  obtained  so  sacred  a  reputation,  as 
yiiot  to  stand  in  need  of  the  people  to  uphold 
them  in  the  throne ;  and  therefore  kings  were 
then  too  wise  to  do  any  thing  that  wouM  he  so 
apparent  a  diotrustin^  of  the  people,  as  to  call 
in  guards  to  their  aid.  And  besides  the  con- 
stant wars,  either  with  France  or  Scotland, 
made  them  stand  continually  in  need  of  the 
jYeople's  supplies ;  and  therefore  they  would  be 
sure  cauitously  to  avoid  all  things,  that  mi^ht 
give  the  nation  occasion  of  offence:  and  nothing 
could  be  more  distasteful  to  the  people  than  to 
he  nosed  by  a  standinfi^  force,  which  the  law 
had  adjudged  to  be  ilfegal  and  a  grievance. 
And  therefore,  as  there  were  no  such  things  as 
guards  at  the  making  of  that  statute  25  £d.  3, 
80  that  statute  cannot  be  supposed  to  take  no- 
tioe  of  them. 

Thirdly,  If  the  guards  were  established  by 
act  of  parliament^  yet  if  they  were  so  estab- 
lished since  the  25  of  Ed.  3,  my  lord  Russell 
was  not  within  that  statute,  because  it  provided 
for  nothing  but  what  was  lawfully  in  neing  at 
the  time  when  it  was  made.  So  that  if  it  were 
an  ofience  to  seize  the  guards,  my  lord  Russell 
ought  to  have  been  indicted  upon  that  statute 
which  did  so  make  it  an  offence.  For  if  a 
prisoner  is  indicted  upon  a  wrong  statute,  and 
the  evidence  proves  nothing  of  the  statute  on 
which  he  is  indicted,  but  comes  very  home, 
and  point  blank  to  the  statute  on  which,  he 
ought  to  have  been  indicted,  he  may  plead 
speciall  V  to  it,  and  the  court  must  direct  the 
jnrv  to  bring  him  in  Mot  Guilty. 

Fourthly,  >Iy  lord  Uussell  was  ndl  within 
the  statute  of  25  £d.  3,  because  the  indictment 
concluded  falsly ;  and  more  ialsly  than  any  in- 
dictment that  i  ever  saw  or  hep.rd  of.  For  it 
says,  [Abd  the  guards  for  the  preservation  of 
the  person  of  our  said  lord  the  king  to  seize  and 
destroy,  against  the  duty  of  his  allegiance, 
against  the  peace,  aiid  also  ai^ainst  the  form 
of  the  statutes.]  This  conqlusion  contains  in 
it  four  parts,  and  none,  of  them  is  true.  First, 
That  the  guards  are  for  preservation  of  the 
king's  person.  It  will  be  an  easier  matter  to  find 
a  workl  in  the  moon  than  that  the  )aw  has  made 
the  guards  a.  lawful  force,  or  any  statute  that 
has  established  any  foi-cc,  particularly  for  the 
guard  of  the  king's  person.  And  though  the* 
law  had  established  any  such  force ;  yet  it  was 
not  done  by  the  25  Ed.  3,  and  therdRire  in  tbia 
the  indictment  concluded  falsly. 

The  second  thing  is  thiq[,  that  to  seize  and 
destroy  the  guards  was  against  the  doty  of  his 
adegiaQce.  To  speak  fully  to  the  nature  of 
aUegiance  would  require  a  long  discourse.  Bat 
a  few  words  will  lay  this  upon  its  back.  It 
cannot  be  denied  that  nature  and  the  law  did 
nothing  in  vain :  And  if  so,  can  it  be  imagined 
that  the  law  would  establish  such  a  thing  as  the 


guards,  which  had  roadeso  miich  a  better  pro- 
vision for  the  preservation  of  the  Idng'tperaoD, 
even  theduty  and  interest  of  every  one  of  hia 
subjects.^  in  the  next  place,  subieotion  and 
protection  are  conertible  terms,  and  therefore  if 
the  subjects  do  not  receive  protection  by  the 
guards,  it  is  not  against  their  allegiance  ta 
seize  and  destroy  them :  Whereas  to  seize  ihm 
militia  is  against  then*  allegiance;  bcooie 
they  receive  protection  by  tb«in.  Besides  ne 
man  become  an  offender,  'till  the  law Jaa  been 
promnlged  so  as  that  no  man  can  msonaUy 
oe  supposed  to  be  iffnorant  of  it.  Now  tiuo^ 
though  the  kine  by  his  commission  might  nsafce 
the  guards  such  a  lawful  force;  yet  nan  contUi 
that  they  are  so  commissioned  by  him.  For 
it  has  not  been  published  in  that  due  manner 
and  form,  as  that  the  nation  can  re^ariy  take 
notice  of  it.  And  besides,  there  is  no  i«eord 
entered,  or  remaining  of  it  ip  any  court,  or  any 
other  place,  whei^y  the  people  naay  come  t» 
a  certain  knowledge  of  it,  which  is  afsoa  foroe- 
able  ai^nment  against  the  lenity  of  such  a 
commission  f  So  that  though  m  other  cases  JJcr* 
norantia  Juris  is  not  allow^ ;  yet  in  this  case 
it  is  a  very  good  plea,  that  it  was  not  against 
my  lord  Russell's  allegiance  to  seize  the  guards, 
though  the  king's  commission  did  make  them 
a  lawful  force. 

The  third  thing  is,  that  it  was  against  the 
peace,  whibh  is  an  untrue  concloskm.  For  it 
is  not  against  the  peace  to  seize  any  force  that 
is  not  counteoanctKl  by  law.  And  a  needle  may 
sooner  be  found  in  a  cart-load  of  hay,  thaa 
any  statute  that  bath  established  the  guards. 
And  if  the  king's  commission  can  make  a  fbroe 
a  lawful  force,  then  it  is  hard  to  say,  whether 
the  rebellion  in  Ireland  did  not  act  upon  suffi- 
cient authority,  since  no  clear  answer  has  yet 
been  made  to  the  commission  under  the  broad 
seal,  which  the  rebels  produced  to  justify  their 
proceedings.  In  the  next  place,  every  treason 
IS  against  the  peace.  But  to  couclude,  becaoae 
it  is  against  the  peace,  therefore  it  is  treason,  is 
neither  law  nor  reason.  For  orery.ofibice  is 
against  the  peace;  but  e^ery  offence  is 
not  treason.  Fartbermore,  the  king's  lawfiil 
commission  is  not  to  be  opposed  in  any  case ; 
andtheindictmentuponit  will  mn,  dwt  it  is 
against  the  king's  crown  and  dignilr,  and 
against  the  peace.  Therefore  to  conduoe,  diat 
it  is  treason,  is  a  non  iequitur :  For  it  is  .not 
treason  in  many  cases,  to  seize  and  destroy 
those  that  act  by  the  king's  lawful  cominiasieii. 

The  fourth  thing  19  that  it'  was  affainst  the 
form  of  the  statutes.  The  statutes  Sius  men- 
tioned must  be  those  statutes,  or  at  least  must 
comprehend  some  statute  that  settles  the  gnanb 
for  tne  fireservation  of  the  long's  person :  Fur 
the  seizing  of  the  guards  is  the  Overt  Act  as- 
signed of  compassing  the  king's  death.  Now 
if  there  be  no  such  satQte,then  is  this  psrt  of 
the  conclusion  of  the  ituhctment  also  false. 
And  consequently  the  judgment  against  my 
lord  Russell  ought  to  be  revetsed. 


/    - 


rm 


STATE ntlALSt  isCuAtiUt  II.  i683.--/«f  H^h  TreatoH. 


cri« 


■ 

An  Antidote  against  Poison  :  Composed  of  some  Remarks  upon 
the  Paper  printed  by  the  Direction  of  the  La4y  Russell,  and 
mentioned  to  have  been  delivered  by  the  Iiord  RussqU  to 
the  Sheriffs  at  the  Place  of  his  Execution,*  By  Sir  Bartho- 
LOMjEw  Shower. 


THE  puUishing  df  thus  Paper,  as  the  last 
speech  01  a  dying  man,  caDDOt  oat  surprize  all 

Grsons  who  were  present  at  the  trial  of  the 
tl  Rassell,  to  reaa  such  reflections  upon  the 
jndges,  the  kmg'tf  counsel,  the  sherifls,  and  the 
jtiry ;  the  fact  so  untruly  represented,  and  the 
offenders  innocence  so  strongly  asserted,  when 
they  can  all  attest  to  the  fairness  of  his  trial, 
the  respectful  treating  of  him  by  the  king's 
oonnsd,  as  far  as  was  consistent  with  their 
duly,  without  any  strains  upon  the  evidenoe 
to  tne  &YourabIe  demeanor  of  the  court  to- 
wards him,  not  ia  the  laast  aggravating  the 
crime  heyond  the  eridence,  and  to  the  fmness 
of  the  evidence  upon  ^e  proofs  produced: 
And  therefore  those  who  heard  the  evidence 
must  acknowledge,  that  that  paper  is  so  far 
from  containing  the  whole  truth  of  the  lord 
ftttsseU's  case,  that  what  of  fact  therein  in- 
serted, fs  wholly  disguised,  and  untruly,  and 
unfaithfully  set  down.  Neith^  doth  tne  lord 
Russell,  in  his  speech  to  the  sheriffs,  aver  all 
contained  in  that  paper  to  be  true,  nor  the 
paper  to  contam  the  whole  truth  of  his  case ; 
ontysahh,  he  had  set  down  in  that  paper  aU 
that  he  thought  fit  to  leave  behind  him.  No 
doubt,  he  nught  as  well  have  said,  all  that  his 
faithfid  confi^sor  advised  him  to  leave  behind 
bim. 

For  whosoever  ^ctly  pernseth  the  paper, 
will  not  find  the  ingenuity,  sincerity,  or  plain 
style  of  a  dying  gentleman,  but  may  discover 
die  pecutiar  dialect  of  an  artist,  accustomed  to 
shadow  truth  with  doubtful  and  ambiguous  ex- 
pressions ;  and  the  paper  artiflcially  contrived 
and  designed  to  gpratify  a  party  by  a  colourable 
asserting  the  innoceocy  of  tne  criminal  con- 
ilemned  by  the  law  for  High-treason,  and  lay- 
ing a  malicious  imputation  upon  the  govern- 
ment, for  an  unjust  prosecution  of  an  innocent 
person  to  death. 

Whether  the  paper  doth  truly  state  the 
crime,  upon  the  fact  proved,  for  which  the 
lord  Russell  was  condemned ;  and  whether  it 
contain  any  plain  denial  of  that  fact ;  will  best 
appear  by  truly  stating  the  crime  charged  upon 
him  h^  the  indictment,  and  the*  fact  proved 
upon  him  at  bis  trial. 

*  *'  It  is  observable,  that  in  tbe  State-Trials, 
vol.  3,  pag.  673,  is  inserted  sir  Robert  Atkins's 
Defence  of  the  late  lord  Russell's  jnnoceucy  : 
By  way  of  Answer  or  Confutation  of  a  libel- 
Xina  Pamphlet,  entituled,  **  An  Antidote  agiAnst 
Poison.''  But  the  Antidote  itself  (wilfuUy  I 
suppose^  omitted."  f  Note  to  tbe  first  edit,  of 
vol.  8  or  the  State  Tnals,  in  the  Appendix  to 
which  this  was  inserted.) 


The  lord  Russell,  ^ith  others,  are  charged 
by  the  indjctment  with.Hip^h  treason,  for  bon- 
spiring,  compassing,  and  imagining  the  death 
and  destruction  of  the  king,  and  raising  of  a 
rebellion  within  the  kingdom. 

And  the  Overt  Acts  wherewith  they  are 
charged,  are  their  meeting  together,  consulting 
and  agreeing  to  raise  an  insurrection  and  re- 
bellion, and  to  seize  upon  the  king's  guards. 

At  the  trial  colonel  Rumsey  dul  swear,  tbat 
there  was  a  general  rising  intended  in  Octuber 
and  NovemW  last,  and  Siat  he  was  engaged 
therein  :  and  that  the  earl  of  Shaftesbury,  who, 
was  likewise  engaged  therein,  in  November  last 
acquainted  him,  that  the  duke  of  Monmouth, 
the  lord  Gray, lord  Russell,  sir  Thomas  Arm- 
strong, and  Mr.  Ferguson,  were  to  meet  at  Mr. 
Shepherd's  house  in  Abchnrch-lane,  and  ,^ 
him  thither  with  a  message  to  them  ;  that  ac- 
cordingly he  went  thitlier,  and  found  the  lord 
Russell,  and  the  rest  there,  and  delivered  to 
them  the  message  from  the  earl  of  Shafbbury  ; 
which  was,  that  it  was  high  time  to  come  to 
some  resolution  about  the  rising :  Tbat  answer 
was  returned,  that  Mr«  Trenchard  had  assured 
th^m,  that,  in  four  hours  time,  one  thousand 
foot,  and  two  or  three  hundred  horse  should 
be  ready  at  Taunton.  But  now  Mr.  Trenchard 
required  two  or  tliree  days  notice  of  the  rising 
ana  therefore  they  couldnot  go  on  at  present : 
and  that  my  loid  Shaftesbury  must  ne  coa* 
tented. 

He  said  the  answer  was  pronounced  by  Mr. 
Ferguson,  and  tbe  lord  Gray  spoke  to  the  same 

fmrpose  :  And  being  interrogated,  whetlie/  the 
ord  Russell  were  so  near  as  to  bear  the  mes- 
sage ;  be  said  he  was  so  near,  and  could  not 
but  hear  it.  And  being  asked  by  the  lord  Rus- 
sell, whether  he  consented  to  the  answer,  he 
declared  upon  his  oatli,  that  the  lord  RusseH 
did  consent  j  and  that  they  then  treated  and 
consulted  of  the  general  rising :  And  both  co- 
lonel Rumsey  and  Mr.  Shepherd  did  swear, 
that  the  lord  Russell  and  the  rest  did  consult 
at  Mr.  Shepherd^s  about  seizing,  of  the  king*8 
guards.  And  having  at  a  former  meeting  ap-' 
pointed  some  of  their  number^  viz.  tJ^e  duke  of 
Monmouth,  lord  Gray,  and  sir  Thomas  Arm- 
strong, to  view  in  wbjit  posture  the  guards 
were,  they  made  report  to  the  rest  tlien^  that 
they  found  them  very  remiss  in  their  duties, 
and  might  be  easily  seized.  Mr.  Shepherd 
swore,  that  their  meeting^  at  his  house  was  not 
casual  but  appointed  by  uiemselves ;  and  that 
they  came  late  in  the  evening;  and  that 'my 
lord  Russell  mentioned  not  any  private  basipctii 
to  him;  neither  had  he  then  any  private  bu- 
siness with  the  lord  Rusadl.    But  the-loi-d 


711]  STATE  TRIALS,  35  Chablbs  II.  l68dw— THsfo/ 


LprdRuitM,  (714 


Russell  pretendinff  he  came  to  taste  some    not  aawrt  them  to  be  ftbe,  no  man  of  any 
Sherry,  which  he  nad  bespoke  of  Mr.  Sbep-    common  ingenuity  cab  doubt  them  to  be  trae» 


herd,  Mr.  Shepherd  denied  upon  his  oath,  that 
the  lord  Russcl  had  bespoke  any  shetTV  of 
hixn,  or  mentioned  any  such  thing  then  to  him. 
The  lord  Howard  gave  in  evidence  upon  his 
oath.  That  there  was  a  design  of  a  goieral 
rkdng^,  both  in  October  and  November  last ; 
and  tuat  the  earl  of  Shailesbury  then  acquaint- 
ed him,  he  had  10,000  brisk  boys  ready.  And 
aAer  the  departure  of  the  earl  of  Shanesbury, 
it  was  thought  necessary,  for  the  preventing  of 
confusion,  and  more  orderly  managing  of  the 
rising,  that  a  select  council  should  be  held  for 
that  purpose:  And  accordinglv  the  duke  of 
Monmouth,  the  earl  of  Essex,  tfielord  Russell, 
cM>lonel  Sidney,  Stir.  Haiubden,  junior,  and 
himself,  met  m  January  last,  at  Mr.  Hamb- 
den's  house  hi  Russel  street,  and  ddnited  cer- 
tain preliminaries  to  the  rising.  Amongst  others. 
Whether  the  rising  should  be  in  London  first, 
or  in  the  country  m^t,  or  in  both  at  once  P  And 
the  major  opinion  inclined  to  have  the  rising 
both  in  London  and  in  the  country  at  one  time. 
That  soon  aiter,  they  held  a  second  meeting  at 
the  lord  Russell's  house,   where  all  the  last 


when  sworn  by-  credible  vrttneases,  and  fotMi 
by  a  substantial  jury.  Yet,  to  satisfy  the  coa- 
science  of  a  dying  man,  and  to  cover  the 
scandal  of  so  great  a  crime  ineom  Tolgar  or 
partial  eyes,  these  consultations  and  consphrm* 
cief  to  raise  a  rebellion,  and  foment  a  general 
rising,  are  represented  to  the  people  only  m 
some  discourses  about  some  stirs.  Tliey  may 
be  in  Scotland  some  stirs,  but  in  England  they 
are,  and  ever  were,  stiled  rebellion. 

As  to  the  othier  ^branch  of  the  overt-acts,  of 
consifltinff  to  seize  the  guards,  which  the 
paper  mSLea  the  only  crime  ibr  which  the  lovd 
Russell  was  condemned ;  this  account  is  given 
by  the  paper,  That  the  lord  Russell  was  at  Mr. 
^epherd*s  house  with  that  company  but  once, 
and  there  was  no  undertaking  then  of  securing 
and  seizing  the  guards,  nor  none  appointed  to 
view  or  examine  them :  Some  discourse  there 
was  of  the  feasibleness  of  it,  and  several  iime^ 
by  accident  in  general  discourse  elsewhere. 

This  account  whidi  the  lord  Russell  gnves  of 
this  matter  is  rather  a  confirmation  of  the  tes- 
timonies of  colonel  Rumsey  and  Mr.  Shepherd, 
than  an  avoidance  thereof:  He  admits  thefea-' 


mentioned  persons  were  present;  andwhexe 

they  again  debated  of  the  nsing,  and  then  came  .  sibleness  thereof  was  then  discoursed  of,  and  at 


to  this  resolution,  that  some  person  should  be 
sent  into  Scotland,  to  invite  some  persons 
thence,  from  the  discontented  Scots,  to  treat 
with  them,  that  they  might  be  assured  of  what 
assistance  they  might  expect  from  the  Scots: 
That  that  matter  was  committed  by  them  to 
the  special  care  and  conduct  of  colonel  Sidney: 
And  that  colonel  Sidney  acquainted  him,  be 
bad  sent  Aaron  Smith  into  Scotland  according,- 
ly ;  and  that  he  had  given  htm  threescore  gui- 
neas to  defray  the  charges  of  his  journey. 

The  lord  Howard,  interrogated  by  the  lord 
Russel],  Whether  he  said  any  thing  in  those 
debates,  declared  upon-  his  oath.  That  though 
his  lordsliipticvcr  used  to  speak  much,  yet  he 
did  ftpe&k  in  thoue  debates,  and  consented  to 
what  was  done. 

This  was  the  sub.^tance  of  the  evidence, 
though  delivered  by  the  witnesses  more  at 
large,  as  will  appear  by  their  depositions, 
printed  T^ith  the  trial.  A  clearer  e;ridence  to 
prove  the  facts  charg^ed,  of  meeting  and  con- 
sulting to  i*ai5c  a  rebelfion  within  the  kingdom, 
and  to  seize  the  king*s  guards,  I  believe  the 
most  experienced  person  in  the  laws  can  never 
diew  was  ever  produced  at  the  trial  of  any 
traitor.  To  the  ^reatc^  and  strongest  part  of 
the  evidence^  which  is  that  of  the  lord  How- 
ard, and  so  much  of  colonel  Rumsey 's,  which 
relates  to  the  «,^enenil  rising",  of  which  the  wit- 
nesses malc^  full  proo'f,  the  paper  g^ves  no 
ansM  er  at  all.  With  what  confidence  then  can 
the  authot  of  that  paper  introduce  a  dying 
man,  asserting  his  own  mnocence,  and  charg- 
ing the  jury  with  forwardness  ^d  injustice, 
when  the  criminal  cannot  deny  the  facts  upon 
whit  h  the  jury  gave  their  verdict  P  But  these 
Acts,'  whether  true  or  false,  the  criihinal  would 
loot  examinj)    And  if  he  could  not,  or  would 


other  times  likewise.  They  swore.  That  the 
persons  appointed  to  view  the  guards,  reported 
then,  they  found  thenri  to  be  very  remiss  in  tiieir 
duties,  and  miffhthe  easily  seized.  The  lord 
Russell  remembers  he  was  at  Mr.  ^ephetd's 
house  but  once ;  l^epherd  swore  he  was  there 
with  that  company  twice,  and  at  the  last 
time  the  report  was  made  after  viewing  of  the 
guards. 

The  seizing  of  the  guards  wasnoithftqyj 
nor  principal  ttct  upon  which  the  lord  Ruasol 
was  condenmed,  as  appears  by  the  proof  stated; 
but  it  was  one  of  the  instances  to  make  out 
against  him  the  general  design  of  raising  a 
rebellion,  as  one  of  the  properest  ways  to  se- 
cure the  general  risin<|^,  and  was  sumcieDtly 
pix>ved  by  two  witnesses  to  have  been  consultra 
upon  to  that  purpose. 

Indeed,  to  what  other  purpose  can  any  man 
imagine  the  lord  RusseH,  and  his  accomplices, 
who  appeared  to  have  been  engaged  in  a  design 
of  a  general  msurrection,  upon  such  proof  as 
the  criminal  could  not  deny  the  fact,  aboald 
so  often  discourse  of  the  feasiljleness  of  secoring 
the  guards,  as  is  confessed  by  the  lord  RuBsell, 
than  in  order  to  facilitate  and  secure  tiior  de- 
sign of  the  general  rising  ?  And  the  discourse 
the  paper  owns  to  have  teen  at  the  lord  Shafts- 
bury  's,  touchii^  thesame  matter,  who  throu^- 
out  appears  to  be  a  principal  agent  in  |he  desisn 
of  the  general  rising,  proves  the  seizing  of  the 

guards  to  be  part  of  the  design.  And  though 
le  lord  Russell  then  expressed  a  tendemess  of 
shedding  cold  blood,  as  a  things  detestable,  and 
so  like  a  popish  practice ;  vet  that  ddoge  of 
blood  which  must  necessarily  have  ensued  in 
the  heats  €if  a  ^^eneral  rising,  which  b  evident 
he  pursued  to  his  last,  did  not  at  all  affect-hiai, 
because  this  might  become  any  heroic  diristisw 


713] 


STATE  TRIALS,  35  Chablbs  IL  ]CftS^#r  H^hlVeiUon. 


[714 


drswn  inttrmourlby  tfaepeiieiloftheaHthoriof 
Jolian ;  uid  is  not  unlike  t»  the  practices  of 
die  andeBt  chriitiaD,  lo  shamefiilly  diagnised 
by  the  same  author. 

If  then  the  facta  whereof  the  lord  Ruaiell 
was  fonnd  ffniHy  by  the  jury,  upon  soch  preg- 
nant proo^  be  so  evident,  how  is  it  poaaiMe 
for  a  dying  man,  before  God  and  men,  to 
assert  his  innocency  with  snch  assurance,  and 
CO  frequently  repeated  in  his  speech  to  the 
sheriff,  thot)^   short,    yet   twice   repeated? 

*  d.  God  knows  how  iar  I  was  always  from 

*  designs  against  the  king's  porson,  or  of  al- 

*  tering  the  gOTemmeot.  9. 1  profess  I  know 
'  of  no  plot,  either  against  the  king's  life,  or 

*  the  government' 

In  Sie  paper  dtiivered,  it  is  thus  expressed : 
'  Whatever  apprehensions  I  had  of  popery, 

*  and  of  my  own  severe  and  heavy  share  I  was 

*  like  to  have  under  it,  when  it  should  prevail,  I 

*  never  had  a  thought  of  doing  any  thing 
'^  against  it,  basely  or  inhumanly,  but  what 

*  could  consist  wil£  the  christian  religion^  and 
*the  laws  and  liberties  of  this  kingdom.* 
Again;  '  I  have  always  loved  my  country 
*•  much  more  than  my  fife,'  and  never  had  any 
'  desisfn  6f  changing  the  government ;   and 

*  would  have  suffered  any  extremity,  rather 

*  than  have  consented  to  any  design  to  take 

*  away,  the  king's  life.'  In  an<mier  place, 
he  thianks  God  his  part  was  sincere,  and  well 
meant,  and  affirms  his  crime  to  be  but  mispri- 
sion of  treason  at  most ;  and  infers,  so  '  I  die 

*  innocent  of  the  crime  I  stand  condemned  for:' 
Also  he  saiih,  '  I  know  I  was  guilty  of  no 

,  *  treason.'  In  the  last  place,  he  concludes ; 
^  As  I  never  had  any  design  against  the  kiog's 
*•  life,  or  the  life  of  any  man  whatsoever,  so  I 
'  never  was  in  any  contrivance  of  altering  the 
'  government' 

Half  an  eye  may  see  these  strokes  are  all 
^wn  by  the  same  hand,  with  all  imaginable 
dcill,  to  quiet  the  conscience  of  a  dying  crimi- 
nal ;  and  at  the  same  time,  by  casting  a  mist 
before  the  eyes  of  the  unthinking  mulutude,  to 
possess  them  with  the  innocence  of  the  con- 
oemned  person,  and  the  cruelty  of  thegovernment 
towards  him.    Let  it  be  considered  with  what 

^  carefnl  restrictions  and  limitations  his  innocency 
is  ushered  in :  That  he  knew  of  no  jdot  or 
Jio  design  against  the  person  of  the  king,  or  to 
kill  the  king,  or  to  alter  or  change  the  govern- 
ment :  That  he  neter  had  a  thought  of  doing 
any  thing  basely  or  inhumanly,  but  what  could 
«>n8ist  with  the  Christian  relig^n,  and  the  laws 
and  liberties  of  this  kingdom  :  That  his  crime 
was  but  misprision  of  treason  at  most,  and  so 
he  is  innocent  of  the  crime  he  stands  con- 
demned for.  What  need  of  all  these  cautions, 
lestrictions,  and  evasive  circumlocutions,  to  a 
pbin  man,  at  the  hour  of  his  death,  to  express 
nis  imioceucy  by  ?  If  it  had  been  real,  a  few  plain 
words  would  have  done' it  better ;  viz.  That  he 
was  not  engaged  in,  nor  knew  of,  any  design  of 
making  an  insurrection  or  rebellion  within  the 
«  luDgdom.  He  heard  the  proof  made,  and 
knew  thai  w^  the  cnme  laid  to  his  chargei 


which  18  high-traason,  both  at  oommott  l^w, 
andwitlHAthefiiatbraDchofiSSE.  3.  Buttbat 
was  too  dear  amatter  for  a  dying  man  plainly 
to  deny ;  his  cooscjepoe  must  have  oontroukd 
him. 

And  to  let  every  mai^  understand  the  subcilty 
of  that  paper  in  declaiation  of  the  lord  Rus* 
sell's  innocence,  with  such  restrictions,  it  is 
necessary  to  be  known,  that  there  were  two 
parts  in  ttiis  horrid  design ;  one  was  a  general 
.rising,  managed  by  a  sdect  council,  wherdn 
the  conspirators,  according  to  their  di£Birept 
principles,  had  their  ^iffer^^t  ends ;  some  were ' 
for  a  Ckrnimonweahh,  though  the  fewer  in 
number ;  others  were  for  continuing  the  mo* 
narchy  and  government,  but  with  exdosion  of 
his  royal  highness.  Of  this  latter  sOrt  were 
the  ddke  of  Monmouth,  and  the  lord  Hussell, 
who  plainly  sets  down  in  the  WPj^v  the  duke  of 
Monmouth's  o[i«nion  of  him,  That  thev  were 
both  of  a  temper.  And  the  lord  Russell  gives 
his  opinion  of  himself,  That  his  earnestness  ill 
matter  of  the  bill  of  exclusion  had  no  small  in* 
flnence  in  his  .present  suffering:  Though 
spoken  by  him  with  great  reflection  upon  the 
government,  yetit  tnuy  seems  to  have  beoi  the 
natural  cause  of  thoife  extravagancies  he  wis 
led  into;  his  zeal  in  that  matter  transporting 
him  to  sedc  that  by  force,  which  the  king  had 
before  denied  in  a  course  of  parliament 

The  other  part  of  the  plot  was  downright 
assassinating  of  the  king  and  the  duke  of 
York;  this  was  managed  bv  a  council  of 
ruffians,  who,  according'  to  iheir  principles, 
judged  this  the  most  expeditious  and  safest  way 
to  secure  the  general  rising,  aud  render  it 
more  e£fectual.  This  was  made  out  bevond  all 
peradventure  by  many  witnesses  at  the  trials 
of  captain  Waloot  and  Hone;  the  latter 
whereof;  besides  the  proofo  against  him,  con- 
fessed himself  to  be  one  of  the  number  who 
had  engaged  themselves  to  kill  the  king.  For 
this  latter  horrid  fact  of  killing  and  assassi* 
nating,  the  lord  Russell  was  not  accused  thereof, 
nor  any  proof  offered  to  make  it  out: 

And  therefore  his  frequent  professions  of  his 
innocency,  as  to  any  plot  or  design  upon  the 
king's  life,  or  to  kill  the  king,  or  his  knowing 
any  thing  thereof,  and  of  his  abhorrence  there- 
of^ as  an  iqhuman,  base,  vile,  and  barbarous 
act,  (which  epithets  -the  paper  gives  to  that 
foul  foot)  are  no  plain  declarations  of  his  inno- 
cence  as  to  the  cnme  charged  and  proved  upon 
him<  of  conspiring  and  consulting  to  raise  an 
insurrection  within  the  kingdom. 

And  it  is  evident,  by  the  lord  Russell's  fe- 
straining  the  expression  of  his  innocency  to  the 
design  upon  the  king's  life,  and  to  killing  of  the 
king,  and  omitting  to  mention  the  general 
rising,  which  was  ^ly  proved  unon  him,  that 
the  lord  Russell  intended  only  that. crime  for 
which  Hone  and  Walcot  were  condemned,  of 
assassinating  the  king. 

The  other  restriction  of  his  innocency,  as  to 
any  design  for  alteration,  or  change  of  the 
government,  which  he  esteemed  me  best  in 
3ie  world,  which  limounts  to  no  more  Ukam 


'  That  he  had  a  part  in  the  iDsarrection,  is 
mdently  proved,  and  not  denied  bj  him :  But 
he  nith  his  jrart  was  sincere  and  well  meant 
What  that'  sincere  meanings  was.  he  doth  not 
plainly  tell  us,  which  becomes  a  dyuff  man  to ' 
do ;  but  leaves  us  to  conjecture,  from  the  other 
parts  of  the  same  paper,  what  his  sincere  pur- 
poses ^ere.  His  zeal  for  the  bill  of  exclusion, 
and  detestation  of  popeiT,  which  aooominnied 
him  to  his  deatby  argfue  nis  sincere  intention  in 
the  rising  to  be  somming  that  was  for  the  pro- 
moting of  the  bill  of  exclusion^  and  the  utter 
extirpation  of  popery.  Yet  he  professeth,  that 
notwithstanding  all  nis  zeal  affains^popery,  he 
never  had  a  thought  of  doing  any  thine 
against  it  basely  or  inhumanly,  but  whait  wonla 
well  consist  with  the  Christian  religion,  and 
the  laws  and  liberties  of  this  kingdom. 
This  again  renders  the  matter  difficult,  to 

Siess^  at  his  sincere  meaning  in  the  design, 
ut  the  oompder  of  the  speech  hath  so  ordered 
th^  composition  of  the  sentences,  by  the  dis- 
cretive  particle  <  but,'  that  room  is  left  for  the 
drying  person  to  intend  nothing  to  be  incon- 
sistent with  the  Christian  religion,  land  the 
laws  and  fiberties  of  this  kingdom,  but  what 
was  base  and  inhuman,  as  the  assassination  of 
the  king  and  duke  is  judged  to  be ;  and  that  an 
insurrection  only  to  compel  the  king  to  pass 
such  bills  as  his  Protestant  subjects  conceived 
necessary  for  the  preservation  of  their  religion, 
^as  no  base  and  inhuman  thing ;  and  there- 
fore not  inconsistent  with  the  Chrmtian  relinon,' 
hot  for  the  support  of  it ;  nor  with  Uie  laws 
and  liberties  of  the  Idnsfdom,  which  allow,  in 
the  opinion  ot  too  mimy,  bodi  more  ancient 
and  modem  fomentors  of  rebeUion  against 
princes,  a  liberty  in  the  people  to  acq|uire  that 
Vhieh  they  apprehend  to  be  their  right,  and 
for  their  preservation,  by  force,  which  they 
•cannot  obtain  from  their  princes  by  fair  means, 
upon  the  account  of  a  supreme  law  for  preser- 
"vation  of  themselves,  and  their  religion/  in- 
herent to  aH  governments. 

To  this  purpose  was  prepared  and  published 
that  venomous  book  of  Julian,  so  much  hugged 
and  applauded  by  the  conspirators,  as  a  fit 
fftlaister  composed  of  ancient  Christian  prac- 
ticeB,  for  such  conscienoes  who  might  entertain 
^e  least  scruple  agiiint  tnfhmoiis  fibelling  of 


7 IS]  STATE  TRIALS*  55  Charles  II.  i^sS.-^-Trkloftl^UikmiZjmllUtidl,  [716 

that  lie  liad  no  dasign  himself^  nor  knew  of 
any,  to  throw  off  moiurehy,  and  to  introduce  a 
eommonwealth ;  which  is  norer  chai^ged  upon 
him,  and  may  easily  be  presumed  to  be  sacn  a 
government  as  was  no  ways  agreeable  to  his 
Mnffht  of  spirit. 

But  this  is  no  denial  of  his  being  engaged  in 
any  desi^  to  make  an  insurrection ;  tbotigh 
his  end  m  such  insurrection  were  far  short  of 
killing  of  the  king,  or  changing  the  monarchy. 

Let  it  be  supposed  to  &  only  to  over-awe 
the  king,  that  a  parliament  might  sit  to  pass  the 
bill  of  exclusion^  and  other  lutts,  for  the  Security 
of  the  Protestant  religion,  or  other  specious 
pretence  whatsoever ;  which  is  the  best  con- 
struction can  be  puti^Km  the  lord  Russell's 


mince,  or  iwihg  wa^  Sane  or  ooeroei 
upon  me  government.  '  To  the  same  punoss 
have  been  pnnted,  and  repnnted  of  late,  diven 
seditious  books  and  pamphlets ;  and  another 
wasprepating^ior  the  press,  by  one  of  tiie  eon- 
spirators,"  ^  To  assert  a  rsupremacy  in  the 
'  people  to  determine  fbr  themselves,  against 
*  their  prince.* 

The  northern  cUmatehatfaofbtefumidMd 
us  both  with  doctrines  and  examples  of  the 
same  batch.  The  compiler  of  th/B  speech  was, 
without  question;  acquainted,  if  not  infoded, 
with  those  doctiiAes,  tenets,  and  examples; 
and  therefore  may  be  presumed  to  lie  under 
that  great  delusion,  that  it  was  lawful  for  sub- 
jects to  procure  from  thdr  princes  by  force, 
whatever  they  ju^^  necessary  fbr  the  preser- 
vation of  their  civuor  religious  rights,  so  in  the 
doing  thdreol'  their  parts  were  smoere  and  well 
meant : 

'When  nothing  is  clearer'by  the  laws  of  this 
kingdom,  than  that  to  raise  a  rebeilioii,,of 
make  an  insurrection,  be  the  design  or  intent 
'thereof  never  so  speciously  good,  is  higfa- 
treason.  And  it  is  apparent  that  the  lord 
Russell,  or  the  author  of^  that  paper,  was  mis' 
guided  in  two  principal  and  plain  points  of  law : 

First,  That  meeting  and  consulting  to  make 
an  insurrection,  and  in  order  thereunto  to  seize ' 
upon  the  king's  guards,  which  the  psp^  c&Ut 
stirs,  is  not  treason  within  the  statute  of  Ed- 
ward 3. 

Secondly,  That  die  lord  Russda's  being  pre* 
sent  at  the  several  consults  for  managing  the 
insurrection,  and  his  part  tberon,  amouDted 
only  to  misprision  of  treason  ;  and  so  condodes 
himself  innocent  of  the  crime  he  stood  con- 
demned fbr,  which  was  high-treason,  for  com- 
passing the  deadi  and  destriiction  of  the  king, 
by  conspiring  to  raise  a  rebellion  within  the 
kingdom. 

These  mktakes  of  the  plainest  points  in  law 
are  the  only  supports  of  the  tordttuneH'e  is- 
nocency  ;^  wlieieby  he  conaforted  ^"*^^ 
bis  death,  and  may  mislead  others  into  the 
same  ruin. 

To  prevent  which,  it  is  conceived  seasooibb 
upon  this  occasion,  to  state  clearly  wbst  ^ 
law  of  the  land  is  upon  those  pqipts,  to  the 
common  understanding  of  every  subject 

As  to  the  first  point,  The  meeting  wd  eon* 
suiting  to  make  an  insurrectum  against  the 
king,  or  raise  a  rebellion  within  the  ^^^m^^^JP]; 
be  me  end  thereof  never  so  specious  for  palAC 
good,  though  the  rebellion  be  not  aaoallT 
raised,  is  high-treason  by  the  laws  of  this  1^* 
It  was  80  at  common  law,  by  the  consent  of  su 
the  books  of  law  that  treat  of  that  matter, 
and  no  one  authority  against  it.  It  is  so  since 
the  statute  2.5  Edward  3,  cap.  S,  within  the 
first  branch  of  tiiat  law  agamst  compasajof 
and  imasining  the  death  oi  the  king.  ^^ 
death  of  £e  king  in  that  law  is  not  i-estraioed  to 
killing  of  his  natural  person,  but  extends  as 
well  to  civil  death  as  natural.  T6  conspii«  to 
depose  the  king  is  equally  high-treason  wio 
that  of  killing  the  kmg  :  so  for  imprisooiBg  « 

8 


717) 


STATE  TRIALS,  35  Cmaues  IL  l683.— /c^  Bigh  Truutm.  [71s 


ti»  kiii^i  or  nmag  or  takiiig  of  him  into  the 
power  of  his  sul^e^  w  for  laying  any  force 
or  restraint  upon  him,  until  he  do  what  bis 
nibiectB  woiud  hare  him!  These  are  all  high 
treasont  for  ciompaaeing  his  death,  either  Da« 
tnral  or  cml ;  uid  all  orert-acts,  wluch  de- 
cfaure  the  intent  of  effecting  any  of  these  crimes, 
as  an  meetinffs,  coDSultoliobs,  and  agreements 
to  rise  in  rebSlion,  and  to  seize  upon  the'king's 
guards,  which  are  his  defence  against  force, 
and  im^  the  aid  and  assistance  of  the  king's 
aul))ect8  of  any  other  of  his  kingdoms,  phiinly 
are  orert-acts  of  compassing  the  king's  death ; 
and  sp  hare  been  adjudged  m  all  times,  when- 
ever anch  case  came  into  judgment.  > 

tn  S  and'  3  Phil.  a;id  M.  one  Constable  dis- 
persed dirers  bills  in  the  night  about  the  streets, 
m  which  was  written,  *  That  king  £dward  6 
« was  alive,  and  in  France  ;|  and  at  another 
time,  in  Coleman-Street,  pointed  to  a  young 
nan,  and  said.  He  was  king  Edward  6. 

These  things  tending  only  to  depose  the 
queen,  were  ^judged  high-treason,  ror  com- 
passing her  death ;  and  Constable-  was  there- 
upon mdicted,  attainted^  and  executed.  The 
case  is  dted  in  Calvin's  case,  Co.  7  Rep.  fol. 
106.  13  £liz.  Dyer,  298.  Dr.  Story  practised 
with  the  governor  of  Flanders,  to  mvade  the 
realm  with  force ;  and  declared  by  what  means, 
and  in  what  manner  and  place  the  invasion 
might  be: 'no  invasion  fbllowtng,  it  was  re- 
ferred to  all  the  iudges,  to  consider  what  crime 
it  was,  who  resolved  it  to  be  high-treason ;  be- 
cause an  invasion  with  power  could  not  be,  but 
of  necessity  it  must  tend  to  the  destruction,  or 
great  peril  of  the  queen. 

Jac.  1.  The  lord  Cobham  conspired  with 
sir  Walter  Raleigh,  and  other  the  king's 
subiects,  to  tnake  an  insurrectioi\  within  w 
Tcum,  in  order  to  set  up  the  lady  AnMla 
Stuart  to  be  queen:  and  to  this  purpose 
tiealedwith  the  ambassador  of  the  arch-duke 
of  Austria,  for  procuring  money  from  the  king 
of  Spain,  and  persuaded  the  lady  Arabella  to 
write  letters  to  the  king  of  Spain,  for  his  as- 
sistance with  fiorces,  and  letters  sent  accord- 
ingly. Though  the  insurrection  did  not  follow, 
bvt  a  discovery  made  before  it  was  put  in  exe- 
cttlion,  the  lord  Cobham,  and  others  of  the 
conspirators,  were  indicted  of  high-treason, 
for  oompa^ng  the  king's  death,  and  the  se- 
Tcaral  meetings  and  consultations  for  making 
the  insurrection,  and  procuring  the  invasion, 
laid  in  the  indictment.  The  lora  Cobham  was 
tried  bv  his  peers,  attainted,  and  executed.  The 
lord  Uale,  in  his  Pleas  of  the  Crown,  13,  takes 
Dolioe  only  of  the  overt-act  of  writing  the  letters 
to  a  foreign  prince,  incitiog  an  invasion,  which 
be  allows  to  be  a  sufficient  overt-act  of  tluit 
treason  which  was  laid  in  the  indictment,  fi>r 
ooQipasBing  the  death  of  the  king. 

Inihe  same^  year  of  Jac.  1,  the  lord  Gray, 
and  other  conspirators,  met  and  consulted  to 
make  an  insurrection,- whereby  they  designed 
to  seiae  the  king  into  their  power,  until  he 
sbonld  grant  them  a  pardon  (or  all  treasons,  a 
tolerstion  of  the  exercise  of  the  Popish  reli- 


gion, and  the  mioval  of  twelve  of , the  privy- 
council;  and  should  make  the  4ord  Gray 
master  of  his  horse,  and  several  others  of  the 
conspirators,  ford  Treasurer,  ]fxd  Privy  Seal, 
and  other  great  officers. 

They  were  indicted  for  compassing  the 
king's  death,  and  raising  a  rebdlion  wkhm  the 
kingdom,  and  no  other  overt-acts  laid  in  thein« 
dictment,but  several  meetings,  consultations, 
and  agreements  between  the  confederates,  to 
raise  a  rebeUion  for  the  purposes  aforesaid. 

The  lord  Gray  was  tried  by  his  peers,  and 
had  judgment  to  be  hanged,  drawn,  and  quar- 
tered. 

In  sir  Henry  Vane's  case,  meetbg  and 
consulting  about  treason  were  held  .sumeient 
overt-acts. 

In  IMunket's  case  latdjr  m  the  Kmg*s-bencfa, 
the  bdictment  was  for  nigh-treason,  in  com- 
pasnng  the  death  of  the  king ;  the  overt- 
acts  alTed^  against  \^m  were,  consulting  to- 
raise  an  msurrection  in  Ireland,  and  bringing 
of  the  French  into  Irdand,  and  collecting 
money  in  Ireland,  and  holding  oorresponden- 
das  in  France  for  that  purpoae.  There  waa 
no  proof  of  any  deofn,  upon  the  king's  natural 
person,  which  was  m  £ng1and ;  yet  he  was 
attamted  and  executed  for  high- treason,  though 
no  insurrection  or  invasion  followed  :  so  that 
there  can  be  no  question  at  this  time  of  day,, 
but  that  meeting  and  consulting  to  raise  a  re- 
bellion, though  it  be  not  an  actual  levying  of 
war  within  another  branch  of  the  statute  ot  35 
£dw.  3,  yet  they  are  overt-acts  of  compassing 
the  king's  death,  within  the  first  branch  of  that 
statute. 

The  other  gross  mistake  is.  That  the  lord 
Russdl's  crime  was  only  misprision  of  high- 
treason. 

Misprision  of  high-treason  is  the  oonoeal- 
ment  thereof  by  a  person  who  had  a  bare 
knowledge  of  the  treason,  without  any  mixture 
of  his  ocmsent.  But  if  ^e  pery)n  be  present 
at  the  debates  and  consultations^  though  ha 
say  nothing,  if  he  do  not  immemately  reveal, 
but  continues  to  meet,  and  be  present  at  thdr 
debates,  he  is  a  principal  traitar.  Where  a 
person  was  not  present  at  the  debates  and  re- 
solves, but  is  afterwards  acquainted  with  them, 
and  gives  his  consent  thereto,  it  is  high-treason, 
and  not  a  misprision  barely. 

This  was  the  case  of  George  Brooke,  to 
wbon\  the  lord  Cobham  related  the  whole  con- 
spiracy of  setting  up  the.  lady  Arabella  y  who 
consented  to  the  same,  and  was  indicted  and 
attainted  as  a  prindpal  traitor  in  that  conspi- 
racy. Now  the  lord  Russell,  as  he  puts  nis 
owncase^of  bdnf  present  at  several  meetinga, 
where  seizing  ot  the  guards  were  treated  of, 
and  horrid  tilings  spdsien,  argues  himself 
guiltv  of  high-treason,  th<wigh  he  make  a  false 
conclusion  from  those  premises,  that  it  was 
but  misprision.  But  the  wimesees  proving  his 
frequent  meetings  and  consults,  and  the  last  of 
them  at  his  own  house,  and  his  express  ood* 
sent  to  the  matters  debated  and  agreed  up^, 
do  put  it  beyond  a  question  to  any  man  thsft. 


719]  STAT£  TftlALS,  35  Charles  It.  l6S3.^Trialo/mUiamlMrdRM$iM,  [720 


desires  not  to  be  wilfally  deceived,  that  the 
cHineof  the  lonl  Russell  was  not  a  bare  mis- 
prifflon  of  treason,  but  hig^h-treasoa  in  the 
nighest  decree  ;  being  to  raise  a  rebellion 
against  the Icfng,  the  consequence  wheneof  in 
afl  probability  would  have  been  the  destruction 
of  the  king,  and  subversion  of  the  govern- 
ment, if  not  the  desolation  of  the  whole 
kii^gdoin. 


If,  after  this  plain  apooant  of  the  lord 
Rusaeirs  Case,^  anj  persons  be  so  hardy  €» 
think  the  compiler  of  that  Paper  of  greater 
skill  in  the  laws  of  the  land  than  the  reyerend 
and  learned  judges,  who  have  judged  his  crim* 
to  be  high-treason;  the  utmost  comfort  be  can 
expect  for  his  being  decayed  is,  that  he  shall 
have  the  like  comrortable  speech  prepared  for 
him  upon  the  like  occasion. 


A  Defence  of  the  late  Lord  Russell's  Innocency.  To  which  are 
prefixed  two  Letters  upon  the  Subject  of  his  Lordships  Trial. 
By  Sir  Robert  Atkvns,  K.  B. 


FIRST  Ll^TTER  coooeming  my  Lord 
RUSSELL'S  TRIAL. 

*'  Sir ;  1  am  not  without  the  apjirehensions 
of  danger  that  may  arise  by  adyismg  in,  or  86 
much  as  discoursing  of  public  affairs ;  yet  no 
fear  of  danger  shall  hinder  me  from  perform- 
ing that  duty  we  owe  to  one  another,  to  coun- 
sel those  that  "tfeed  our  advice,  how  to  make 
their  just  defence  when  they  are  called  in  ques- 
tion for  their  lives  ;  especially  if  they  are  per- 
sons that  have  by  tlieu*  general  carriage  and 
conversation  appeared  to  be  men  of  worth,  and 
lovers  of  their  king  and  country,  and  of  the 
religion  established  among  us.  I  will  follow 
the  method  you  use,  and  answer  what  you  ask, 
in  the  order  I  find  in  your  own  letters. 

<*  I  cannot  see  any  disadvantage  or  hazard 
by  pleading  the  general  pica  of  Not  Guilty :  If 
It  fall  out  upon  the  proofs  that  the  crime  is 
only  misprision  of  treason,  and  not  the  very 
crime  of  treason,  the  jury  must  then  find  the 
prisoner  not  guilty  of  treason,  and  cannot  upon 
an  indictment  of  treason  find  the  P&rty  eudty 
of  misprision,  because  he  is  not  inmcted  for  the 
ofibnoe  of  misprision,  and  treason  and  misprision 
of  treason  are  offences  that  Uie  law  hath  distin- 
guished the  one  fVom  the  other,  and  the  one  is 
not  included  in  the  other ;  and  therefore  if  the 
proofb  reach  no  farther  than  to  prove  a  mis- 
prision, and  amount  not  to  treason,  the  prisoner 
may  urge  it  for  himself,  and  say,  that  the 
proofs  do  not  mch  to  the  crime  charged  in  the 
indictment :  and  if  the  truth  be  so,  the  court 
ought  so  to  direct  the  jury,  not  to  find  it. 

**  Now,  being  present  in  company  with 
others,  where  those  others  do  consult  and.  con- 
spire to  do  some  treasonable  act,  does  not 
make  a  man  ^uihy  of  treason,  unless  by  some 
words  and  actions  he  signifies  his  consent  to  it, 
and  approbation  of  it:  but  his  being  privy  to 
it,  and  not  discovering  it,  makes  him  guilty  of 
misprision  of  treasoo,  winch  consists  in  the 
cooeealing  it,  but  it  makes  him  not  guilty 
of  treason.  And  if  the  same  person  be 
present  a  second  time,  or  oflener,  this  neither 
does  not  make  him  guilty  of  treason ;  only  it 
raises  a  strong  suspicion,  that  he  likes  it,  and 
consents  to  it,  and  approves  of  it,  or  else  he 
would  haveYorbom  aner  his  having  been  once 
amongst  l^tm.    But  the  strongest  suspicion 


does  not  sufficiently  prove  a  guih  in  treason, 
nor  can  it  go  for  any  evidence ;  and  diat  upon 
two  accounts : 

<*  First,  The  proofs  in  case  of  treason  must 
be  plain,  and  dear  and  positive,  and  not  by  in- 
ference, or  argument,  or  the  strongest  suspi- 
cion imaginaUe :  Thus  says  sir  Edward  Coke 
in  many  places  m  his  Third  Institutes,  in  the 
chapter  of  High  Treason. 

<*  Secondly,  In  an  indictment  of  High  Trea- 
son, there  must  not  only  be  a  general  charge  of 
treason,  nor  is  it  enough  to  set  forth  of  what 
sort  or  species  the  treason  is,  as  killing  the 
king,  or  levvinff  war  against  him,  or  coming 
money,  or  the  fike;  but  the  law  requires  that 
in  the  indictment  there  must  be  also  set  fortli 
some  overt  or  open  act,  as  the  statute  of  the 
25th  of  Edw.  the  Srd  calls  it,  or  some  instance 
given  bv  the  party  or  offender,  whereby  it  may 
appear  fie  did  consent  to  it,  and  consult  it,  and, 
approve  of  it.    And  if  the  bare  being  present 
should  be  talcen  ana  construed  to  be  a  sufficient 
overt  or  open  act,  or  instance,  then  thera  is  no 
diflerenoe  between  treason  and  misprision  of 
treason ;  for  the  being  present  without  consent^ 
ing  makes  no  more  than  misprision ;  therefix^ 
there  must  be  something  more  than  being  hardy 
present^  to  make  a  man  guilty  of  treason,  espe^ 
cially  smce  the  law  i^uires  an  otert  or  open 
aot  to  be  proved  against  the  prisoner  accused. 
See  sir  Edward  Cdce's  Third  Institutes,  fol.  1S» 
upon  those  words  of  the  statute,  (per  overt  ftct) 
and  that  there  ought  to  be  direct  tod  manifest 
proofs,  and  not  bai-e  suspicions  and  presump- 
tions, be  they  never  so  strong  and  violent :  aee 
the  same  folio,  in  the  upper  part  of  it,  upon 
the  word  ^Proveablement)    And  the  statute  of 
the  5th  of  Edw.  6,  cap.  11,  requires  that  theie 
should  be  but  two  witnesses  to  prove  the  crime: 
BO  that  if  there  be  but  one  witness,  let  him  bo 
never  so  credible  a  person,  and  never  so  posi- 
tive ;  yet  if  there  be  no  other  proof,  the  party 
ought  to  be  found  Not  Guilty :  And  those  two 
witnesses  must  prove  the  person  guilty  of  the 
same  sort  or  species  of  treason.    As  for  exam* 
pie,  if  the  indictment  be  for  that  apeeies  of 
treason  of  conspiring  tbe  king's  de^,  both 
witnesses  must  prove  some  fact  or  words  tend- 
ing to  that  very  sort  of  treason :  but  if  there  be 
two  witnesses,  ami  one  proves  the  prisoner 
conspired  the  death  of  the  king,  and  the  otlvx 


STATE  TRIALS,  35  Charles  II.  l6S3.— /or  High  Treusm.  [7^ 

wherein  I  paight  be  any  way  capable  of  doings 
it.  I  beseech  Almighty  God  to  heal  our  dit'N 
sions,  and  establish  us  upon  tbe  sure  foundations 
of  peace  and  righteousness.  I  thank  you  ^r 
the  favour  you  have  done  m*,  by  imparting^ 
some  public  affairs,  which  might  perhaps  have 
been  unknown  to  me,  or  not  known  till  after 
a  long  time,  for  I  keep  do  correspondence. 
'  "  When  there  is  an  occasion,  pray  oblige 
me  by  a  farther  account,  especially  what  con  • 
corns  these  genUemtn:  and  though  I  haro 
written  nothing  here  but  what  is  innocent  and 
justifiable,  yet  that  1  may  be  the  surer  againal 
any  (fisadfautage  or  misconstruction,  pray  take 
the  pains  to  transcribe  what  notes  you  tbmk  fit 
out  of  this  large  paper ;  but  send  me  this  paper 
back  again  inclosed  in  another,  by  the  same 
hand  that  brings  it. 

"  There  is,  nor  ought  to  be,  no  such  thing 
as  constructive  treason  ;  this  defeats  the  very 
-^  scope  and  design  of  the  statute  of  the  25ttt 
of  Kdw.  3,  which  is  to  make  a  plain  declaration 
what  shall  be  adjudged  treason  by  the  ordinary 
courts  of  justice:  the  conspiring  any  thing 
against  the  king's  pei:son  is  most  justly  taken  tQ 
be  to  conspire  against  his  life. 

''  But  Conspiring  to  levy  war,  or  to  seize 
the  guards,  is  not  conspiring  against  the  kipg'f 
life.  For  these  are  treasons  of  a  different  spe- 
cies.— Your  faithful  friend  and  servant,  R,  A.** 


721] 

witness  proves  tbe  conspiring  to  do  some  other 
sort  of  treason,  this  comes  not  home  to  prove 
the  prisoner  guilty  upon  that  indictment :  for 
the  taw  will  not  take  away  a  man's  life,  in 
treason,  upon  the  testimony  and  credit  of  one 
witness,  it  is  so  tender  01  a  man's  life,  the 
crime  and  forfeitures  are  so  great  and  heavy. 

'<  And  as  there  must  be  two  witnesses,  so  by 
the  statute  made  in  the  ISth  year  Of  his  now 
majest}^,  chapter  the  Ist,  (intituled.  For  the 
Safety  6f  his  Majesty's  Person)  those  two  wit- 
nesses must  not  only  be  lawful,  but  also  ere  • 
dible  persons :  See  that  statute  in  the  5th  para- 
graph. And  the  prisoner  must  be  allowed  to 
object  against  the  credit  of  all,  or  any  of  the 
witnesses ;  and  if  there  be  but  one  witness  of 
clear  and  good  credit,  and  the  wtst  not  credible, 
then,  the  testimony  of  those  that  are  not  ere-  i 
dible  must  go  for  nothing,  by  the  words  and 
meaning  of  this  statute  ;  See  the  statute.  Now ' 
were  I  a  jury-man,  I  should  think  no  such 
witness  a  credible  witness,  as  should  appear 
either  by  his  own  testimony,  or  upon  proofs 
made  by  others  against  him,  to  have  been 
*  particeps  criminis  ;'  for  that  proves  him  to 
be  a  bad,  and  consequently  not  so  credible  a 
man;  especially  if  it  can  appear  the  witness 
has  trepanned  the  prisoner  into  the  cofhmitting 
<if  the  crime:  Then  the  witness  \vill  appear  to 
be  guilty  of  a  far  higher  crime  than  the  prisoner, 
and  therefore  ought  not  to  be  believed  as  a  cre- 
dible witness  against  the  prisoner;  for  he 
ts  a  credible  witness  that  had  the  credit  of  being 
a  good  and  honest  man,  which  a  trepanner  can- 
not have;  and  this  trepanning  proves  withal, 
that  the  trepanncr  did  bear  a  spite  and  malice 
Against  the  person  trepanned,  and  intended  to 
do  him  a  mischief,  and  designed  to  take  away 
his  fife.  Shall  such  a  one  he  a  credible  wit- 
ness, and  be  believed  agpinst  him  ?  God  for- 
bid! 

"  Then  again  ;  it  cannot  but  be  believed, 
that  such  persons  as  have  been  guilty  of  tho 
same  crime,  will  out  of  a  natural  self-love  be 
very  forward  and  willing  to  swear  heartily  and 
to  the  purpose,  in  order  to  the  convicting  of 
pthers,  that  they  may  by  this  service  merit 
their  pardon,  and  save  their  own  lives :  and  for 
this  reason  arc  not  so  crediMc  witnesses,  isuch 
jis  the  statute  of  the  13th  of  Car.  2.  does  re - 
fluire.  Read  o^r  the  wh«de  chapters  of  sir 
Edward  Coke  of  high  treason,  and  of  petty 
treason;  for  in  this  latter  of  petty  treason 
there  is  much  matter  that  concerns  high  trea- 
•on.  ' 

"  I  wish  with  all  my  soul,  and  I  humbly 
tnd  heartily  pray  to  Almighty  God,  that  these 
gentlemen  that  have  given  so  great  proof  of 
their  love  to  the  true  religion,  and  of  the  just 
ri^ts  and  liberties  of  their  country,  and  of  their 
jBeal,  against  popery,  may  upon  their  trial  ap- 
pear innocent.  I  am  so  satisfied  of  their  great 
worth,  that  I  cannot  easily  believe  them  guilty 
of  80  horrid  a  crime.  I  pray  God  to  stand  by 
tfiemin  the  time  of  their  distress. 

"  I  wish  I  might  have  the  liberty  fairly  to 
^ve  them  tbe  best  assistance  I  could,  in  that 
you  .IX.  I 


The  SECOND  LETTER. 

"  Sir ;  I  thank  you  for  the  unexpected  ac» 
count  you  gave  me  by  your  first  letter  ;  but  this 
exact  narrative  you  have  now  sent  me  of  th^ 
ti-ial  of  that  hoaoqrable  excellent  perM)n,  my 
lord  Russell,  hath  exceedingly  obliged  me^ 
It  was  a  thing  I  much  desired,  bui  1  knew  not 
from  what  hand  to  gain  it ;  for  I  was  a  littlw 
impatient  to  hear  what  could  be  proved  of  so  fbuf 
a  nature  as  high  treason  against  a  person  of 
whom  I  had  ever  entertained  a  ^ery  high- 
esteem.  And  though  I  had  a  very  small  and' 
short  acquaintance  with  him,  yet  no  man  that 
has  known  any  thing  of  the  public  affairs,  or  of 
our  late  transactions,  could  be  a  mei-e  strang-er 
to  his  great  worth.  He  had  as  great  a  name 
for  a  ti'ue  and  honest  English  gentleman,  an4 
for  good  temper,  and  prudence,  and  moderation 
as  ever  I  knew  any  man  have,  and  was  ge« 
nerally  beloved  by  all  that  love  our  religion 
and  country.  I  presume  your  relation  of  the 
proofs  at  his  trial  is  certainly  true  in  eveiy  part; 
and  in  the  very  words ;  and  it  is  a-  thing  that 
might  be  and  by  many  hands,  the  pi-oce^ingSi 
being  so  public,  and  I  suppose  deliberate :  pre- 
suniiufi^  it  to  be  ti'Ue,  this  I  will  affirm,  that 
upon  this  evidence,  both  that  against  him,  and 
for  him,  (might  I  have  been  permitted  to  have 
made  his  defence  for  him  at  his  trial  afler 
the  cvid(^nce  given)  I  could  easily  have  satisfied 
any  equal  and  understanding  judicious  man, 
that  my  lord  ought  to  have  been  acquitted  ; 
and  bad  I  been  one  of  the  jury  that  tried  him, 
I  make  no  doubt  I  could  clearly  have  convinced 
all  my  fellows,  (If  they  were  nonest  and  indif« 

3  A 


f27l  STATE  TRIALS,  35  Chablbs  II.  1683.— TWo/^  WiUkm  Lord  Russell,  172» 

The  body  of  that  stat.  of  25  Ed.  6.  of  trea- 
sons, is  prioted  together  with  the  ti'ial,  (See  the 
trial,  p,  616,  of  this  volume,)  so  that  it  need  not 


he  repeated  here,  though  there  are  some  other 
daases  in  that  statute  not  printed  in  the  trial: 

The  occasion  of  making  that  statute  appears 
to  be  the  variety  of  opinions  that  tlieo  were, 
what  should  be  accounted  treason,  and  what 
not ;  which  was  very  mischievous  to  the  sub- 
jects, and  gave  too  great  a  liberty  to  the 
judffes  of  the  ordinary  courts. 

To  cure  this  mighty  mischief,  and  to  pre- 
vent that  arbitrary  power  of  judges,  this  excel- 
lent statute  makes  a  declaration  what  shall  be 
adjudged  treason  by  the  orduiary  courts  of 
justice.  'Not  but  that  there  might  oe  like  cases 
or  other  facts  amounting  td  treason,  besides 
those  there  ennmcrated  ;  but  those  other  facts 
or  treasons  must  not  be  adjudged  by  those  or- 
dinary standing  courts  (such  as  the  gaol-deli- 
very of  Newgate,  and  the  court  of  the  king's 
benci)  at  Westmbster  itself  are) :  but  in  such 
cases  those  courts  must  forbear  proceeding,  and 
tlie  case  must  be  i-eserved  for  the  determination 
ofthe  king  and  parliaihent.  See  that  statute 
ii^  the  printed  statutes  at  large. 

'  So  that  the  court  of  gaol-delivery  at  New- 
gate tiiust  judge  only  and  proceed  upon  no 
other  treasons  but  what  are  there  enumerated 
and  specified. 

Now  the  treasons  in  that  statute  enumerated 
and  specified '(for  the  word  specified  is' the  very 
word  used  by  that  statute)  are  these : 

1.  Compassing  or  imagining  the  death  of 
the  kino^,  queen  or  prince. 

^  2.  Violating,  or  carnally  knowing,  the  queen, 
km^^B  eldest  daughter  unmai-ried,  princess 
wi/e. 

3.  Levying  war  against  the  king.  Not  a 
compassing  or  imagining  to  levy  war,  but  an 
actual  levying  war ;  it  must  be  a  war  begun. 
Atid  several  other  sorts  of  treasons  are  there 
specified,  not  to  our  purpose  to  be  recited. 

The  statute  further  requires,  that  the  pei*son 
indicted  be  probably  attainted  of  some  one 
of  these  treasons  by  overt  dectl,  that  is,  some 
.open  manifest  act  or  deed  done,  wliich  must  of 
necessity  also  be  expressly  set  down  in  the  in  - 
dictment,  and  fully  and  clearly  proved  at  the 
trial  by  two  witnesses. 

See  sir  Edward  Coke's  Tliird  Institutes,  in 
his  chapter  of  high  treason,  fol.  12.  in  his  ex- 
position ofthe  words  of  that  statute,  (per  overt 
jait)  and  there,  fol.  5.  upon  the  words  (fait 
compasser)  he  tells  you  the  nature  of  that  open 
deed  that  the  statute  intends.  It  must  be  a 
deed  and  not  mere  words:  It  must  .be  a 
deed  tending  to  the  execution  of  the  treason 
iniagined.  That  deed  must  be  an  open  deed, 
that  is,  it  must  be  fully  proved,  and  made  open 
and  manifest  at  t^e  tnal  by  clear  proof. 

So  that  if  the  indictment  fail  of  setting  forth 
one  of  those  treasons  that  are  there  enu- 
merated, it  is  not  a  good  indictment  upon  that 
statute. 

If  it  do  set  forth  one  of  those  treasons,  yet  if 
it  do  not  set  forth  some  open  deed  done  by  the 


party  indicted,  that  is,  such  a  deed  as  does  pro- 
perly and  naturally  tend  to  execution  of  that 
sort  of  treason  set  Ibrtli  in  that  imlictmeiit ;  in 
such  case  also  the  indictment  is  not  good. 

'  If  both  these,  vie.  the  treason  intended,  and 
a  prop^,  suitaMeopen  deed,  be  well  set  fortb 
in  the  indictment,  (which  make  a  good  indict- 
ment) yet  ii'that  very  sort  of  treason  intended, 
and  tnat  open  deed  or  fact,  so  set  forth  in  the 
indictment,  be  not  also  fully,  deArly,  and  ma« 
nifestly  proved  upon  the  tnal  against  the  pri- 
soner, he  ought  to  be  acquitted. 

It  will  not  suffice  either  t<\  prove  it  by  one 
witness,  or  to  prove  any  other  sort  of  treason,  (not 
charged  in  the  indictment,  nor  any  otb^  oveit 
deed)  other  than  what  is  so  set  forth  in  tliat  in- 
dictment, though  it  be  by  never  so  full  a  proof; 
but  upon  that  indictment  the  prisoner  ought  to 
be  acquitted,  if  that  special  treason,  and  thai 
special  overt  or  open  deed,  set  forth  and  ex- 
pressed in  that  very  indictment,  be  not  fully 

proved,  .  .     '  . 

Now  let  us  examine  the  indictment  in  this 
case  against  the  lord  Russell,  and  the  proofr 
against  him,  as  they  are  pubUshed  by  authority, 
and  observe  how  they  agree  with  the  statute, 
and  how  the  indictment  and  proofs  agree  the 
one  with  the  other. 

It  may  be  admitted,  Ihat  here  is  in  the  in- 
dictment against  the  lord  Russell,  a  treaaoii 
sufficiently  charged  and  set  forth,  viz.  one  of  the 
treasons  specific^  in  that  stat.  of  25  £dw.  3, 
namely,  tnat  the  lord  Russe^  did  compass  and 
imagine  the  death  of  the  king.  This  is  not  de- 
nied, but  it  is  duly  charged  in  the  indictmtmt. 
For  those  other  charges  iu  the  indictment,  via. 
his  intending  to  depose  the  king,  and  lus  in- 
tending to  move  or  levy  war  and  rebellion  against 
the  king ;  these  are  inserted  into  the  indiciniedt 
as  agc^ravationsof  that  horrid  chme  of  intendtng 
to  kill  the  king,  or  as  open  acts  of  the  other ; 
but  of  themselves  alone,  they  are  no  distiBct 
substantial  charges,  nor  arf  they  any  of  tbe 
treasons  specified  in  this  act,  upon  which  ad 
this  iod  ictment  is  bolely  grounded .  For  tliough 
by  the  act  of  13th  of  this  king,  tliat  now  is,  capw 
1,  intituled,  Au  act  for  the  satety  and  preserva- 
tion of  the  king^s  person,  it  is  mf«ie  high  trea- 
son (during  the  now  king^s  life,  only)  to  oooipasa 
or  imagine  to  depose  thekio^,  ot  to  compass  or 
imagine  to  levy  war  against  tlie*  kmg,  if 
such  compassing  or  imagmation  be  expressed 
by  speaking  (>r  writing,  (ai tliough  without  any 
open  deed)  yet  tlie  lord  Russell  was  not  indicted 
upon  that  statute,  (as  the  attorney  general  him- 
self acknowledged  openly  at  the  trial)  but  only 
upon  the  old  statute  of  25  £dw.  3,  so  that  those 
late-made  treasons  are  not  to  our  purpose. 

So  that  the  only  treason  charged  in  the  in- 
dictment, as  a  substantial  charge,  is  that  of 
iuoagining  to  kill  the  king.  And  so  the  lord 
chief  justice  agrees  in  his  direction  to  Uie  jury. 
See  the  trial,  pp.  635,  636,  of  tins  volume. 

But  where  is  that  other  requisite,  that  other 
most  material  part  of  the  indictment,  of  the 
open  act  or  deeo  ?  without  which  the  rest  serves 
for  nothing :  for  it  is  not  enouj^h  by  this  statvla 


mi 


STAT£  TRIALS,  35  Charles  II.  iGss^or  High  Tredsan. 


17S0 


to  make  a  man  gniUv  of  conspiriiig  or  ima- 
finiog  ibe  death  of  the  king,  nnless  the  party 
ndictjeU  hate  expressed  that  ifua^^ation  by 
some  open  deed ;  and  that  must  be  plainly  set 
doiWD  in  the  indictmeot  too,  or  else  the  indict- 
BieDt  (as  was  said  befiire)  is  do  good  iodictmrnt. 
And  it  must  appear  to  the  court  upon  the  in- 
dictmeot not  only  to  be  an  open  deed,  but  such 
a  deed  as  has  a  natural  aptitude  and  tendency, 
to  the  execution  of  that  very  treason  so  i  ma- 
nned. And  there  is  no  such  set  forth  in  this 
indictment,  and  therefore  the  indictment  itself 
was  insufficient  and  void. 
•  And  that  which  seems  to  have  a  colour  of 
an  overt  fact,  or  open  deed,  set  forth  in  this  in- 
4lictment,  was  not  fully  and  sufficiently  proved 
neither :  and  then,  though  the  indictment  had 
been  sufficient,  yet  for  want  of  due  proof,  the 
yarty  indicted  ought  to  have  been  acquitted. 

To  these  two  points  or  matters  shall  the  en- 
suing discourse  confine  itself,  and  if  this  under- 
taking be  made  good,  the  Antidote  will  appear  to 
l>e  a  rank  poison,  the  lord  RusselPs  speech  jus- 
tified, and  his  innocency  and  loyalty  cleared, 
and  his  honour  vindicated. 
.  The  OTert  iait,  or  open  deed,  set  forth  in  the 
indictment,  (if  there  beany)  are  the  things  said 
to  be  consulted  of,  agreed  and  concluded  on, 
▼iz.  1.  To  move  and  stir  up  insurrection  and 
vebellioB.  S.  To  seize  atid  destroy  the  guards. 
(Peruse  the  indictment  carefully.) 

Now  neither  of  these  are  open  deeds,  in  the 
nature  of  them. 

The  first,  which  is  to  stir  up  insurrection  and 
rebellion :  this  is  a  distinct  species  of  treason  it- 
self; it  is  the  same  with  a  levying  of  war  (spe- 
cified in  this  Stat,  of  25  £dw.  3,  which  is  the 
only  statute  we  have  to  do  with  in  this  case  of 
my  lord  Russell);  and  if  it  had  been- set  forth 
hi  the  indictment  as  a  deed  don^,  or  thing 
acted,  that  is,  il*  it  had  been  laid  in  the  indict- 
ment thai  the  war  was  actually  levied,  or  the  in- 
anrrection  or  rebellion  actually  raised  or  stirred 
in»,  (as  it  is  not,  for  it  is  only  mentioned  as  a 
^^^f  agreed  and  con<^uded  on,  and  not  done) 
yet  It  had  not  been  a  sufficient  proper  overt 
tiiit,  or  open  act,  to  make  it  a  good  inifictment : 
because  (as  is  said  before)  levying  of  war  is  a 
distinct  species  from  that  of  compassing  to  kill 
the  king ;  and  therefore  cannot  be  made  an 
overt  fait,  or  open  deed,  to  manifest  an  ima- 
gination of  killing  the  king :  for  that  one  spe- 
cies erf*  treason  cannot  be  a  proper  open  act  to 
another  sjiecies  of  treason,  as  will  be  proved 
faereaiW. 

bir  Edward  Coke  in  his  third  Institutes,  fol. 
14.  in  the  third  clause  paragraph  of  that  folio, 
tells  us,  tliat  the  connexion  of  the  words  is  to 
be  observed,  viz.  [thereof  be  attainted  by  overt 
or  open  deed.]  Thra,  says  sir  Edward  Coke,  re- 
lateth  to  the  several  and  distinct  treasons  be- 
fore  expressed  :  whereof  that  of  imagining  to 
kill  the  king,  and  that  of  levying  war  against 
the  king,  are  two  distinct  species  of  high  trea- 
son. And  therefore,  says  sir  Edward  Coke, 
the  one  of  them  cannot  be  an  overt  act  for 
f^other,  that  is,  levying  of  war  catmot  be  ap 


overt  act  for  that  sort  of  treason  ift  imaginin|^ 
to  kill  the  king,  much  less  wbeu  the  indictment 
"  does  not  chai^  it  as  a  war  actually  levied,  but 
only  an  agreement  or  conclusion  for  leyyiog  a 
war.  Such  agreement  can  be  no  open  need  to* 
manifest  an  intont  or  imagination  of  killing 
the  king.  This'  is  the  main  question  be- 
tween us.  \ 

The  other  only  colour  or  pretence  to  as 
overt  fait,  or  open  deed,  must  be  that  of  seiz* 
ing  or  destroying  the  king's  guard;  For  uo 
other  but  these  two  are  set  forth  in  the  in-^ 
dictment,  or  look  any  thing  like  overt  w  open' 
acts. 

And  this  latter  is  noffiing  like  to  an  overt 
fiut,  or  open  deed,  in  the  nature  of  it ;  for  it  in 
not  said  to  be  done,  but  only  agreed  on,  and 
concluded  on  to  be  done.  If  it  had  been  but  al- 
lodged  in  the  indictment,  that  in  pursuance  of 
this  agreement  or  conclusion  of  the  conspini* 
tors,  a  view  was  accordingly  taken  of  those 
guards,  and  reported  to  the  rest,  (where^  the 
lord  Russell  was  one)  that  it  Was  fcasiUey 
(whereof  there  is  some  colour^  or  proof  against 
some  of  them)  this  had  been  more  to  the  par- 
pose  :  But  being  laid  so  imperfectly  as  it  is, 
theindictment  itself  must  needs  be  insufficient, 
for  the  reasons  before  given. 

But,  aUs !  the  noble  lord  is  gone ;  and  he 
is  gone  from  whence  he  would  not  be  recalled, 
a  place  of  infinite  bliss  and  glory,  out  of  a 
spiteful  malicious  world :  It  is  we,  it  is  the 
lung  and  kingdom,  it  is  the  whole  Phrteftant 
part  of  the  world,  that  sufiers  the  inestimable 
loss  of  him :  Not  to*  speak  of  the  unspeakable 
grief  of  his  dear  and  disconsolate  widow,  and 
other  noble  relations.  ^  Pactum  infectum  fieri 
'  neqoit.'  So  that  we  may  seem  to  labour  in 
vain,  and  it  comes  too  late.  But  something 
may  be  done  for  the  benefit  of  his  hopeful  pos- 
terity, and  some  small  satisfoctioi^  may  be 
made  to  his  noble  family;  by  a  writ  of  error, 
for  reversing  of  this  attainder,  and  the  avoiding 
of  the  record ;  for  the  8tat.  of  29  Eliz.  cap.  S, 
extends  only  to  such  attainders  for  High  trea- 
son as  then  had  been  before  the  making  of 
that  statute,  and  does  not  hinder  a  .writ  of 
error  in  this  case,  if  the  king  will  sign  a  peti- 
tion for  it.  I 

But  to  examine  this  last  overt  fait,  or  open 
deed  a  little  farther  ;  » 

Viz.  to  seize  and  destroy  the  king's  guards. 

The  guards!  What  guards?  What  or  whom 
does  the  law  understand  or  allow  to  be  the 
king's guardb,  for  the  preservation  of  his  per- 
son ?  Whom  shall  the  court  that  tried  this  noble 
lord,  whom  shall  the  judges  of  the  law  that 
were  then  present,  aml^ipon  their  oaths,  whom 
shall  they  judge  or  legally  understand  bv  these 

guards  ?  They  never  reald  of  >them  in  all  their 
iwr  books ;  Ibere  is  not  any  statnte-law  that 
makes  the  least  mention  of  any  guards.  The 
law  of  England  takes  no  notice  of  any  such 
guards;  and  thereibretbe  indictment  is  un- 
certain and  void. 

The  king  is  guarded  by  the  special  protec- 
tion of  Almighty  God,  by  whom  he  rfigni» 


731]  STAT£  TRIALS,  35  Charles  U.  1683*— THd/o/'  lyiUiam  LoriRumU,  [TSU 


aod  wbose  vieegeEent  he  is ;  He  has  an  innsi* 
Ue  gnard,  a  gaard  of  glorious  angels. 

'  Non  eget  Mauri  jaculis  nee  arcu ; 
'    *  Nee  Tenenads  gra?ida  sagittiSy 
'  Crede,  pbaretra.' 


The  Idng  is  gwoded  by  the  love  of  kis  sub- 
jects: / 
.  The  next  under  GoA,  and  the  surest  guard* 

He  is  guarded  by  the  law  and  eourts  of  yi»- 
tice. 

The  Militia  and  the  trained  bands(  are  his 
legal  guard,  and  the  whole  kinsdom's  guard. 

The  very  julges  that  tneoibis  noble  loi^ 
were  the  king*s  guaith,  and  the  kingdom's 
g«ard,  and  this  lord  Russell's  g^rd  against 
aU  erroneous  and  impeifect  indictments,  from 
all  false  evidence  atid  proof,  from  all  strains 
of  wit  and  oratory  misapplied  and  abased  by 
coonsel. 

^  What  other  guards  are  there  ?  We  know  of 
no  law  for  more.  King  Henry  7.  of  this  kjng- 
dniii  (as  History  tells  us)  was  the  first  that  set 
up  the  band  of  pensionei'S.  Since  this  the  ye^ 
men  of  the  goard  ;  »inee  them  certain  armed 
bands,  oommonfy  now-a-days  (after  the  Frenoh 
mode)  called  tbe*King's  life-guard,  ride  about 
and  appear  with  naked  swords,  to  the  terror  of 
the  nation;  But  where  is  the  lawP  Where  is 
the  authority  for  them  ? 

It  liad  been  fit  foi*  the  court  that  tried  this 
noide  lord  on  this  indictment  to  have  satisfied 
themsetvea,  irom  the  king's  counsel,  what  was 
meant  bv  tl^se  guards ;  for  the  alledging  and 
setting  forth  an  overt  iait,  or  open  d^,  m  an 
indictment  of  treason,  nmst  be  of  something 
that  is  inteHigtble  by  law,  whereof  judges  may 
take  DStiee  by  law.  And  hereui  too  the  in- 
dictment (mis,  and  is  imperfect. 

But  admit  the  seizing  and  destroy  ing  of  those 
who  are  now  eaHed  the  kind's  lifo-gaard,  had 
been  thegnard  intended  within  this  overt  fait, 
or  open  deed  ;  yet  the  indictment  should  have 
setfordi,  that  defaeto  the  king  had  chosen  a 
eertam  niimbte  of  men  to  attend  upon  and 
guard  his  person,  and  set  forth  where  they  M 
,  attend,  as  at  Whitehall  or  the  Mouse,  or  the 
Savoy,  te.  and  that  these  were  the  giuurds  in« 
tended  by  the  indictment,  to  be  seized  and  de- 
stroyed: Thai  by  this  setting  t5rth  the  court 
.  might  have  taken  notice  judicially  what  and 
«  who  were  meant.    Bat  to  seize  and  destroy  the 
king's  guards,  and  not  shew  who  and  what  is 
meant,  makes  the  indictment  very  insufficient 

So  much  as  to  the  indictment  itself. 
,  In  the  next  place,  let  ns  look  into  the  proofs, 
as  they  areat  large  setforth  and  owned  m  the 
prmted  trial;  and  let  us  oonsider  how  far  those 
proolb  do  make  oat  the  charge  of  the  indict- 
ment, viz.  the  compassmg  and  imagining  tiie 
death  of  the  king :  and  how  for  they  make  out 
that  overt  fiiit,  or  open  deed,  (siich  as  it  is)  of 
seizing  or  destroying  the  kmg's  guards,  m 
,  order  to  the  efieotmg  of  that  compassing  and 
imagining  the  death  of  the  king;  Audit  most 
appear  by  proof  fo  be  in  tnith,  so  intended  by 
the  oottspimtors,  and  levelled  to  that  end  :  for 


ff  it  were  done,  yet  if  it  were  done  quite  to  ano- 
ther intent  and  purpose^  and  not  to  tiiat '  of 
compassing  the  kmg'sdeath,  it  does  noi  coaw 
home  to  this  indietment. 

There  are  but  three  witnesses  tlurt  can  be 
thoughtto  bring  the  matter  home,  and  to  fix 
any  thing  upon  the  lord  Russell ;  Colonel 
Rumaey,  Mr.  I^cppard,  and  the  lord  Howard. 

It  18  true,  two  or  the  three,  that  is  col.  Rom- 
sejr,  and  the  lord  Howard,  positivdy  prove  a 
traiterous  design,  or  discourse  at  least,  by  some 
of  the  company,  of  making  an  insarrection  or 
rebellion,  or  (to  speak  it  in  the  language  and 
phrase  of  thisstat.  of  35  £dw.  3.)  of  levying 
war  against  the  king,  (for  aH  these  signify  one 
and  the  same  thing)  and  they  prove  the  lord 
RusseU  was  sometimes  present  at  those  meet- 
ings: But  is  that  enough?  Admit  he  wen 
present  and  heard  the  deme  of  it,  (winch  yet 
IS  not  fully  and  directly  proved)  yet  if  he  did 
notjoin  in  the  debate,  and  express;  and  some 
way  signify  his  approbatioo  of  it,  and  consent 
to  It,  it  makes  him  not  at  aU  criminous.  It  is 
true,  his  afler-conoealing  of  it  might  hare 
made  him  guilty  of  misprision  of  tnamn ;  bol 
that  is  a  crime  of  another  nature,  and  is  ano- 
ther dtBtmet  genus  of  crimes,  of  which  he  was 
notindksted. 

Col.  Rumsey,  as  to  the  overt-foit,  (as  they 
would  make  it)'say8,  there  was  some  discourse 
about  seeing  what  posture  the  g^uards  were  in:* 
And  being  asked  by  one  of  the  jury,  by  whom 
/the  discourse  was?  he  answers,  by  all  th^ 
company  that  was  there  (whereof,  as  be  said 
before,  the  lord  Russell  was  one).  8o  that  my 
lord  Rnssell  may  (I  agree)  be  understood  to  m 
one  that  discoorsed  about  seeing  what  postore 
tbe  guards  were  in :  Nay,  the  colonel  nys,  aB 
the  company  did  debate  it:  And  he  says  fur- 
ther, the  lord  Russel  was  there  when  some  of 
the  enmpany  undertook  to  take  the  view' of 
those  gaards.  And  being  asted  b^  the  attor- 
ney-general, to  what  purpose  the  view  was  to 
be  ?  The  ct^tmnA  answers,  it  was  to  sorprise 
ourgnunds,  if  tbe  rising  had  gone  on. 

liie  chid"  justice  merving  to  tbe  witness, 
that  he  ought  not  to  deliver  a  doubtful  evi-  . 
denoe,  and  to  speak  it  with  limitations,  tbat 
made  it  not  so  positive ;  as  by  saying,  I  appre- 
hend so  and  so:  then  the  colonel  grows 
more  positive,  and  says  further,  diat  a  rising  was 
intended;  but  afterwards  he  says,  there  was 
no  debate  of  the  rising.  At  last  the  witness 
being  asked  by  sir  Ge<^go  Jefieries,  whether 
the  prisoner  were  present  at  the  debate  eon^  - 
cermng  tbe  message  from  the  lord  Shaftesbury 
to  the  company  then  met,  and  the  answer  re- 
turned to  it ;  he  flatly  says,  the  prisoner  was 
present  at  that  debate  fwhich  debate  did  indeed 
concern  the  rising).  Being  asked  by  the  same 
person,  whether  my  lord  was  averse  to  it,  or 
agreeing  to  it;  he  answers  Hke an  echo,  agree- 
ing to  it.  Nay,  then  he  says,  my  lord  Russdl 
did  speak,  and  that  about  the  rising  at  Taanton, 
and  that  he  did  discourse  of  the  rising:  But 
what  were  his  words?  Being  questroned  again 
by  the  chief  jostioe,  wheAer  m^rlotil  did  give 

1 


753]  ^ATE  TRIALS^  S5  Charles  n.  lehS.-^for  High  TredsoK. 


[734 


My  eOMCfit  to  the  tibid)^,  be  aMwen  still  like 
Ml  echo,  my  lord,  lie  did.  Anil  this  last  mswcr 
■  Ibe  traigbty  part  of  bis  evidence,  if  there  be 
may  weight  at  aJI. 

Now  mind  the  defect  of  the  witnees's  me- 
ikMNry  i»'  some  other  most  material  passages. 
lie  thinks  the  kird  Grey  did  '^ay  somethiog  to 
the  same  purpose,  witli  the  answer  d^versd 
by  Ferenson  to  loid  ShaAesbury's  message. 

He  does  not  know  (says  he)  how  oiWn  he 
liimself  (the  witness)  was  at  Mn  Sheupard's 
Wssft  where  tills  debate  was.  He  savs  he  was 
there  more  than  once,  or  else  I  beard,  says  he, 
BIr.  Peiguson  make  a  report  of  another  meet- 
ing to  the  lord  SbaHeslmTy.  And  then  he 
says,  that  this  was  all  at  that  time  that  he  re- 
aembered;  and  before  this  he  had  said  no 
-aove  against  the  lord  Rnssdl,  but  &at  be  was 
-present;  and  after  this,  upon  mach  inteitoffat- 
vug  of  him,  he  proceeds  to  tdl  a  great  deal 
BMire,  indeed  all  the  rest  that  has  been  before 
eheei'Tod  to  proceed  from  him.  And  after  all, 
lie  says,  he  thinks  he  was  not  there  above  a 
^oarter  of  an  hour.  He  says,  he  was  not  oer- 
taiB  whether  he  did  bear  somethinir  about  a  de- 
claration tf^re,  or  whether  Mr.  Ferguson  did 
report  it  to  my  lord  Shaftesbory,  that  they  bad 
dmted  it.  And  the  witness  speaking  of  a  view 
to  be  taken  of  the  guards,  to  surprise  them ; 
the  lord  chief  justice  seems  to  be  surprised  at 
that  word :  The  guards !  he  never  met  it  in  all 
his  books.  What  gubrds  ?  Why  yon  know  it 
is  nentioQed  in  the  indictment ;  but  be  might 
Yet  Fciy  wdtl  afdc  what  guards :  And  the  oo- 
bnel  answen,  the  guards  at  the  Saroy  and  die 
Mense. 

The  erionel  says,  he  thinks  the  duke  of 
HBBBKHidi,  and  the  lord  Grey,  and  sir  Thomas 
Armstrong,  were  the  persons  that  undertook  to 
view  the  guards.  And  he  thinks,  sir  Thomas 
Armstrong  began  it,  and  Mr.  Ferguson.  And 
he  says,  further  direction  was  giren  to  take  a 
tiew  of  the  guards,  if  the  nAjig  bad  j^one  on 
|t0  it  never  did);  and  then  he  mentions  the 
▼ery  day  that  had  been  appointed  for  the  ris- 
ing, viz.  die  19tb  of  Kovember ;  and  that  the 
message  from  the  lord  Shaftesbury  was,  he 
thbks,  a  matter  of  a  fortnight  before  that  day, 
•r  sometbine  more ;  Ibr  be  thinks  it  was  oon- 
eiaded  tSkmoay  fortnight  after  my  lord  Grey 
met  The  mention  of  my  lord  luissell's  con- 
sent to  this  risbg,  comes  in  at  the  last,  and 
after  many  questions  asked  him,  and  not 
till  that  very  particular  question  was  put  to 
him ;  and  he  answers  in  tne  very  same  words 
as  the  question  vntt  asked.  The  chief  justice 
asked  him  in  these  words :.  Did  my  lord  give 
>  any  consent  to  the  rising?  The  cofonePs  an- 
swer was,  yes,  my  lord,  be  did.  But  how  did 
my  lord  Russell  signify  that  consent?  IVbat 
words  did  he  iise  that  may  clearly  exnress  it  P 
For  this  is  the  pmching  proof.  If  it  nad  been 
certain  and  cleared  by  remembering  the  man- 
ner of  his  consenting,  or  bow  it  did  appear ; 
why  was  not  this  put  home  to  the  witness? 
This  is  the  material  part  of  his  evidence,  with- 
out which  the  rest  nad  not  come  home  to  the 


priscmer:  And  why  did  not tlie  witncm 
this  of  himself?  And  before  his  giving  this 
home  evidence,  he  had  said,  that  was  all  at  that 
time  that  be  remembered :  And  this  was  at  the 
same  Ume  with  that  of  the  message,  and  of  the 
discourse  about  viewing  the  guai-ds.  He  af- 
terwards doubts  whether  he  was  any  more  than 
once  there  with  that  company,  or  whether  he 
heard  Mr.  Ferguson  report  things  to  die  lord 
Sbaflcttbnry ;  which  shews  a  wild  idad  of  me- 
mory in  a  witness,  and  the  colonel  is  no  ibol, 
nor  naby ;  so  that  there  is  but  one  lime  posi- 
tively spoken  of  by  this  wstaess.  How  strangely 
uncertain  is  he  in  the  matter  of  the  dedacatmn, 
to  which  he  was  examined!  A  <most  noled 
thing!  And  he  cannot  tell  whether  he  heard 
any  thing  of  it  there,  or  whether  Mr.  Fergu- 
son told  him  of  it  It  is  to  be  suspected  too, 
that  what  he  has  delivered  positively  at  last  ss^ 
late  in  his  evidence,  and  after  so  much  inter- 
rogating of  him,  was  but  mere  hearsay  too, 
aiul  then  it  would  not  have  been  any  evidence. 
He  has  not,  it  seems,  a  good  diitii^Hbiiig 
head  or  memory,  as  a  witness  ought  to  have  in 
case  of  life,  and  a  life  of  so  high  a  value  as  diis 
of  tliat  noble  lord. 

And  many  other  material  passages  this 
witness  ddivers  under  that  timitation,  as  he 
tiiinks. 

The  rising  was  intended,  but  never  todk  ef- 
fect; and  the  view  was  no  more  than  appointed 
and  undertaken  ;  but  the  seizing  of  the  guards, 
as  this  witness  says,  was  not  to  be  unless  the 
risnig  had  |;one  on,  which  it  never  did.  Ha 
spei£s  nothmg  of  any  view  made  of  theguards, 
or  any  report  upon  it :  But  he  swears  my  lord 
Russell  consented  to  the  rising.  That  is  his 
stabbmg  evidence ;  but  by  what  words,  or  bow 
he  signified  his  consent,  not  a  word,  though^ 
mighty  material. 

But  what  is  this  conspiracy  fer  a  ritti^  ?  and 
a  conMHracy  to  seize  me  guards?  (in  case  die 
rising  nad  gone  on)  what  are  these  to  the 
crime  charged  in  the  indictment  against  the 
lord  Russell,  for  conspiring  the  death  of  die 
king? 

Here  is  not  a  word  of  any  such  matter,  nor 
of  seising  the  guards  in  order  to  it,  no  not  on% 
word. 

And  that  is  the  only  material  part  of  the  in-- 
dictment  (as  shall  appear  more  plainly  here- 
afker.) 

The  second  witn^  Mr.  1%eppard,  menlmnt 
the  meeting  (at  his  house)  of  the  duke  of  Mon- 
mouth, and  among  die  rest,  the  lord  Russefl, 
and  they  discoursed  of  surprising  the  guards ; 
and  that  the  duke,  the  lord  Grey,  and  air  "nio- 
mas  Aimstrong  (as  he  rememoers)  went  One 
night  to  view  the  guards ;  and  the  next  d« v  at 
his  house  they  said  it  was  very  feasible,  if  they 
had  strength  to  do  it :  And  then  he  says,  there 
was  two  meetings  there,  and  as  be  remembers, 
my  lord  Russell  was  both  times  there.  Being 
askea  by  the  attorney  general,  besides  the  seiz- 
ing of  the  guards,,  it  tnere  were  any  discourse 
of  rising ;  ue  answers,  he  did  not  remember 
any  further  disoouiae,  for  he  was  often  gone 


735]  STATE  TRIALS,  $5CHARhBBa/l6sS.--Wal&fmUkmL9riRifBiett,  ps6 


oift  of  the  room :  And  this  is  Ibe  effect  of  tiiat 
besays. 

If  any  thing  of  this  comes  near  my  lord 
RoBsell,  it  is  those  words,  first  sfiving  an  ac- 
count  of  who  thev  were  th|it  were  met,  and 
thai  mv  lord  RosseU  was  one  of  them ;  he  says 
the  substance  of  their  discourse  was  how  to 
surprise  the  king's  guards :  This  may  be  true, 
,  if  one  or  two  of  uie  company  only  discourse  it ; 
for  it  does  not  necessarily  affirm,  that  every 
one  did  speak  in  that  discourse,  he  does  not 
meutkm  one  word  spoken  by  my  lord  Russell, 
nor  that  he  approved  of,  or  consented  to  any 
thitig.  At  the  worst,  for  any  thing  that  be 
says,  it  can .  be  but  mispiiaon :  He  can  say 
nothing  as  to  the  intended  rising.  Now  co- 
lonel Uumsey's  evidence  is  altogether  of  that 
rinng,  and  the  seizing  of  the  guaras  was  to  have 
been,  if  the  rising  baa  gone  on ;  and  this  was  at 
the  same  time  that  Mr.  Sheppard  speaks  to : 
And  yet  Mr.  Sheppard  bring  asked  if  there  was 
any  discounse  of  rising,  he  answers,  he  did  not 
remember  any  further  discourse. 

Nor  does  colonel  Rumsey  certainly  remem- 
ber toy  thing  of  a  declaration  read  amongst 
them,  whether  be  beard  it  there,  or  whether 
by  Mr.  Ferguson's  report  of  it  to  my  lord 
tmaftsbury ;  which  is  one  of  tbe  principal 
things  that  Mr.  Sheppard  speaks  to  (besides 
Ihat  of  seizing  the  guards).  And  as  to  the 
declaration,  Mr.  Sheppard  says,  hecamiotsay 
my  lord  Russell  was  there  when  that  declara- 
tion was  read. 

So  they  agree  in  nothing  but  in  tbe  discourse 
of  seizing  the  guards,  and  that  my  loiyd  Rus- 
sell was  then  present. 

•  So  that  as  yet  tbe  sum  of  tbe  proof  by  colo- 
nel Rumsey  is,  that  my  lord  Russell  consented 
to  the  rising,  which  is  too  general ;  and  the 
sum  of  the  proof  by  Mr.  Sheppard  is,  that  my 
lord  Russell  was  present  in  company  when  the 
company  discoursed  of  seizing  the  guards,  but 
he  Imows  nothing  of  the  rising. 

The  third  witness  (the  lord  Howard)  dis- 
courses much  about  a  conspiracy  to  rise,  but 
he  speaks  most  (of  what  he  says)  by  report 
from  the  earl  of  Shaftsbury,  and  from  tbe 
duke ;  so  it  goes  for  no  evidence  against  my 
lord  Russell ;  and  the  chief  justice  did  the 
prisoner  that  right,  as  to  declare  as  much  to 
tiie  jury :  And  the  lord  Howard  clears  tbe  duke 
from  any  such  horrid  act  as  the  killing  the 
king,  the  duke  said  he  would  not  sufier  it ;  and 
if  the  duke  be  innocent  in  that,  it  is  probable 
that  my  lord  Russell,  and  (be  rest  of  the  com- 
pany tnat  met,  had  no  discourse  about  kiUinff 
die  King,  nor  any  thought  that  way;  whi(£ 
yet  is  the  great  and  only  substantial  charge  of 
this  indictment,  which  must  still  be  mind«l 
and  observed. 

My  lord  Howard  does  indeed  proye  two 
several  consults,  one  at  Mr.  H^mbden  the 
younger's,  the  other  at  my  lord  Russell's 
about  the  niiddle  of  January  last,  and  after, 
and  that  my.  lord  Russell  was  at  both ;  and 
these  consults  were  of  an  insurrection,  and 
Wbere  to  begin  it,  m^  of  providing  arqu  m^ 


moneyt  and  of  sending  into  Sootknd  to  Sttde 
an  undertaking  with  the  lord  Argyle.  And 
being  asked  what  my  lord  did  say,  lie  aaswen 
thus,  viz.  Every  one  (says  he)  knows  toy  kwd 
Russell  is  a  person  of  great  judgment,  and  not 
very  lavish  m  discourse.  But  Sd  be  consent? 
was  a  question  asked  by  sir  Geoige  Jefleries. 
The  lord  Howard  answered,  we  did  not  p«t  it 
to  the  vote,  but  it  went  without  contradictioD, 
and  1  took  it  that  all  diere  gave  their  consent : 
That  lord  Russell  joined  in  the  conncil  of  six, 
that  he  approved  of  his  being  chosen  for  one, 
that  he  said  one  word  in  these  two  consults, 
there  is  not'  any  proof  by  the  lord  Howard ; 
ooly  he  says.  He  took  it  that  all  there  consent- 
ed.    Is  that  enough?  O  strange  evidence  ? 

I  will  not  here  take  notice,    or  examine, 
how  tar  tbe  lord  Howard  is  a  credible  wiloew 
in  this  case,  but  refer  tbe  reader  to  the  testir 
mony  of  my  lord  Anglesey,  Mr.  Howard,  and 
Dr,  Burnet ;  or  how  iar  any  of  the  3  witncsse* 
are  to  be  believed,  having  all  three  upon  their 
own  testimonies  been  Pariicipes  CrUninis^  and 
it  is  supposed  have  their  paidons,  or  are  pro- 
mised pardons :   Not  that  this  is  oflered  to  db- 
able  them .  quite  from  being    witnesses,   bqt 
surely,  all  tnin^  considered,  it  much  lessens 
their  credit  in  this  case ;  nor  does  it  make  them 
the  more  credible,  because  no  other  witnesses 
can  be  had.    But  then  consider  that  most  ex- 
cellent character  given  of  tbe  prisoner  by  per* 
sons  of  honour,  and  of  tbe  highest  esteem  for 
ability  and  integrity,  and  such  as  contradicts, 
and  is  inconsistent  with  the  charge  of  the  in* 
dictment,  and  whatever  is  of  weight  in  the 
evidence  against  him ;  and  especially  if  you 
give  any  credit  to  the  lord  Howard  himself, 
who  upon  his  oath  does  declare,  as  in  tbe  pre- 
sence of  God  and  man,  that  he  did  not  believe 
that  either  the  duke  of  Moomputh,  ormykird 
Russell,  had  any  design  to  murder  the  king; 
which  is  the  only  effectual  charge  of  this  in- 
dictoient..  These  things  considmd,  it  seems 
very  strange  to  me,  how  the  lord  Ruasell  could 
be  found  guilty  of  a  compassing  and  ima« 
gining  tbe  death  of  the  king,  tor  90  is  tb^ 
verdict. 

Tbis  answers  most  of  the  observations  madc^ 

ST  » 

y  the  author  of  the  Antidote  upon  my  lord 

Russell's  sjpeech,  restraining  the  expression,  as 

be  sayj^  ot  his  innocency  to  tbe  oesign  upon 

the  king^s  life,  and  to  killmg  of  the  king,  and  of 

omitting  to  mention  tbe  general  rising;  whicb^ 

as  this  author  boldly  affirms,  was  fully  proved 

upon  him;  and  that  my  lord's  professions  of 

his  innocency,  as^  any  pUtupon  the  king^s 

life,  or  to  kdl  the  king,  or  bis  knowing  any  ' 

thing  thereof,  these  (says  the«uthor)  an^  na 

plain  declarations,  of  bis  innooency,  aa  to  the 

crime  charaed  and  proved  upon  him,  tof  coo« 

spiring  andconsulting  to  raise  an  insurrection. 

Nor  was  there  any  need  of  my  lord's  answer* 

ipg  that,  for  it  was  litUe  material. 

How  uncertain,  bpw  tlisfigreeing,  how  un* 

applunble  to  the  charge  of  the  indictmept  thiMa 

proo&  are,  has  been  fully  observed  ^eady  i 

wi  (b«  t^utbor  gTQs^Jy  nuf^^  in  hi?  j«<^« 


737]  STATE  TRIALS,  35  Charles  II.  1 683.— >r  IJigk  J¥mon.  [733 


nenty  when  lie  takes  the  congpiciii^  and  oon- 
salting  to  raise  en  insurrectioii  to  be  the  crime 
chan^jed  in  the  iadictment ;'  for  (a$  was  obseir- 
cd  before)  the  charge  of  the  indictment  is,  the 
conarassinfif  and  imaginings  to  kilt  the  king ; 
and  that  of  a  conspiracy  to  raise  an  insurrection, 
or  to  levy  war,  is  none  of  the  crimes  or  treasons 
e&amerated  or  specified  in  the  act  of  35  Edw^ 
3,  a])d  therefore  could  not  be  the  crime  charged 
ID  the  indictment,  which  is  grounded  only 
vmon  that  act  of  25  Edw.  3,  (as  the  Attorney- 
General  acknowledges)  for  it  is  an  actual  levy- 
iog  of  war,  and  not  a  conspiring  only  to  le?y 
war,  or  raise  an  insurrection,  that  is  the  treason 
mcified  in  that  act  of  25  Edw.  3.  And  there- 
wre  the  mention  of  other  things  are  but  by  way 
of  aggravation,  for  the  more  ample  setting  forth 
of  the  crime  chained,  which  is  of  compassing 
the  king's  death:  And  that  the  conspiring  to 
make  an  insurrection,  cannot  be  an  open  deed 
to  prore  a  compassing  the  kb^'s  death,  has 
heen  already  spoken  to,  and  shall  yet  be  more 
lullv. 

Nor  is  the  author  more  mistaken  in  his  obser- 
vatioiis  upon  the  matter  of  fact,  and  his  unwar- 
ranted conclusions  and  inferences  raised  from 
thence,  than  he  is  in  his  determinations  of  mat- 
ters in  law  arising  tirom  that  fact. 

The  death  of  the  king  (says  the  author)  in 
^t  law  of  35  Edw.  3,  is  not  restrained  to  kill- 
ing of  his  natural  person,  but  extends  as  well 
to  Bis  civil  death  as  natural :  As  to  conspire  to 
depose  the  king,  to  imprison  him,  or  laying 
any^fprce or  restraint  upon  him;  these  (says 
the  author)  are  all  high  treason,  for  compass- 
ing his  death,  natural  or  ciyil :  If  so,  why 
then  we  are  at  never  the  more  certainty  for  this 
exoelient  law  of  25  Edw.  3. 

I  agree,  that  conspiring  to  depose  the  king, 
to  imprison  him,  are  treasons ;  hut  it  is  not  so 
plain  that  they  are  treasons  within  this  law  of 
S5  Edw.  3y  upon  which  this  indictment  is 
pounded.  It  is  true,  they  are  made  treason 
by  the  late  act  of  13  of  the  now  king,  and 
have  hy  several  temporary  acts  (such  as  this 
of  13  Car.  2,  is)  been  made  treason :  But  this 
proves,  that  they  were  not  judged  by  those 
parliaments,  that  jiassed  those  temporary  acts, 
to  be  treasons  within  the  statute  of  35  Edw.  3. 
For  vhy  then  were  these  temporary  acts 
made?  What  need  was  there  of  them:  Sir 
Edward  Coke,  3  Inst.  fol.  9,  in  Uie  last  para- 
graph but  one  of  that  fol.  says,  A  conspiracy 
to  levy  war  is  no  treason ;  he  means  within  the 
act  of  25  Edw.  3.  But  it  has  been  made  trea- 
son since  sir  Edward  Coke's  time,  viz.  by  13 
Car.  2.  And  let  it  be  remembered,  that  the 
great  end  of  making  this  excellent  law  of  25 
£dw.  3,  (as  appears  by  the  preamble)  was  to 
avoid  uncertamty,  and  variety  of  opinions, 
and  to  prevent  the  arbitrariness  of  juuges,  in 
the  ordmafv  courts ;  and  the  act  takes  care, 
that  doubtful  cases,  such  as  are  not  plainly 
within  the  enumeration  of  the  act,  are  to  be 
reserved  for  the  iudgment  of  the  king  and  par- 
liament. And  nereih  consists  the  excellency 
of  this  law :  *  Quod  fieri  possit,  quam  plurima 

VOi.  IX. 


f"  Legibus  ipsis  definiantur :  C^iam  paucissima 

*  Judicis,  arbitrio  relioquantur.'  And  as  tlie 
learned  lord  Bacon,  in  his  Advancement  of 
I^earnin^,  tbl.  447,  says,  That  isi  the  heat  law 
which  gives  least  libeitr  to  the  judge  ;  he  the 
bestjudge«  that  takes  least  liberty  ^to  himself : 

*  Mtsera  est  servitus,  ubi  Jus  est  vagum.'  And 
this  law  is  a  declaration  of  law,  and  therefore 
ought  not  to  be  extended  to  like  cases  in  the 
construction  of  it :  And  it  is  made  in  the  pu- 
nishment of  the  greatest  offeuces,  and  is  as 
penal  as  a  law  can  he ;  and  therefore  ought 
not  to  be  expounded  by  equity,  that  is,  to  be 
extended  to  like  cases. 

It  is  true,  the  opinion  of  the  judges  hath 
been,  that  conspiring  to  depose  or  imprison 
the  king,  is  a  compassing  or  imagining  the 
death  oi  the  king.  And  if  a  man  declares  by 
overt-act,  that  he  will  depose  or  imprison  the 
king ;  this,  says  sir  Edward  Coke,  3  instit.  fol. 
6,  upon  the  word  (Mort)  is  a  sufficient  overt- 
act,  for  the  intent  of  killing  the  king.  Mind 
hiin  well ;  he  does  not  say,  that  conspiriog  to 
depose  or  imprison  the  kini^  is  an  overt-act,  to 
prove  the  conspiring,  the  king's  death  ;  which 
IS  the  opinion  the  Antidoter  maintains,  and 
for  which  he  cites  all  liis  cases  after%i'avds 
cited.  But  sir  Edward  Coke  says,  that  con- 
spiring to  depose  or  imprison  the  king  being 
declared  by  overt -act,  this  overt-act  is  also  a 
sufficient  overt-act  for  the  intent  of  killing  the 
king. 

It  is  one  thing  to  conspire  to  depose  the 
king,  and  another  thing  to  declare  that  con- 
spiring by  some  open  act :  they  differ  as  much 
as  thmking  does  from  acting.  Now  in  this 
case  of  the  lord  Russell^  the  author  of  this  An- 
tidote, and  some  others,  (as  appears  by  the 
printed  triab)  would  have  us  believe  that  very 
conspiring  to  levy  war  is  an  orert-act  to  prove 
the  oompaasinff  and  imagining  the  king's 
death :  for  which  there  is  not  the  least  ground 
from  snr  Edward  Coke.  First  they  are  dif- 
ferent species,  as  sir  Edward  Coke  observes  in 
his  thhu  Institutes,  fol.  14,  the  third  para- 
graph; and  therefore  (says  he)  the  oue  of 
them  cannot  be  an  overt-act  for  another ;  that 
is,  conspiring  to  levy  war,  nay  the  actual  levy- 
ing of  war  too,  which  is  one  species  of  treason, 
cannot  be  an  overt-act  for  the  compassing  the 
death  of  the  king,  which  is  another  species  of 
treason.  But  this  is  that  the  Antidoter  labours ; 
only,  says  sir  Edward  Coke,  the  overt-act  of 
the  one,  may  be  an  overt-act  tor  another  sorter 
species  of  treason. 

And  I  agree  it,  if  the  overt- act  in  the  one 
sort  of  treason,  may  as  fitly  and  as  properly  in 
its  own  nature,  and  as  equally,  be  also  an  overt- 
act  in  the  other  sort^  and  had  a  tendency  to 
the  execution  of  that  other  sort  And  it  also 
does  appear  by  the  proofs,  to  be  so  intended 
by  the  conspirators.  As  for  example :  actual 
seizing  of  the  king's  guards  (not  a  conspiring  to 
seize  Uie  king's  guai-ds,  and  such  guards  as 
are  not  plainly  set  forth  in  tlie  indictment  what 
they  are)  may  in  its  nature  he  an  overt-act,  to 
make  manifest  ihe  comparing  of  the  king's 


M   I 


rS9]  STATE  TRIALS,  35  Charles  II.  l6SS.^TirUl t^Wtmam  Lari  mtutU,  [740 


death,  and  h  an  act  proper  enoogfb,  and  has  in 
its  Batura  a  tendency  towards  the  execution  of 
the  conspiracy  to  kiU  the  kine:  but  then  it 
must  be  preyed  to  be  so  intended  and  designed, 
that  is,  in  order  to  the  killing  of  the  kin^.  But 
if  it  appear  otherwise  upon  the  proof,  fas  here 
it  did)  that  it  was  not  so  intended,  but  aesigned 
merely  in  order  to  a  rebellion,  and  levying  of 
war,  (for  which  also  it  is  as  apt  and  proper  in 
its  nature,  and  has  as  great  a  tendency  that 
way)  then  it  cannot  be  applied  nor  made  use  of 
as  an  ofbrt-act,  to  prove  the  compassing  the 
king-^s  death  (as  in  this  case  of  my  lord  Rus* 
selPs  it  was) :  for  this  (as  sir  Edward  Coke  well 
says,  fol.  14,  the  latter  part  of  the  third  para- 
graph of  tliat  ihKo)  would  be  to  confimnd  (he 
several  classes  or  species  of  treason :  and  the 
confusion  of  species  is  abominable  in  nature. 

And  where  sir  Edward  Coke  seems  to  com- 
ply with  the  opinion  and  practice  of  some 
judges,  that  the  overt-act  of  deposing  may  be 
a  good  overt-act  of  killing,  (which  vrith  the 
distinction  that  I  have  offered,  is  just  enough) 
yet  he  has  some  hesitation ;  for  he  concludes 
that  opinion  of  his  with  these  words,  fol.  6,  in 
his  third  Institutes,  upon  the  word  XMo>^]> 
Bat,  says  he,  peruse  advisedly  the  statutes  of 
13  Eliz.  cap.  1.  And  why  those  statutes? 
Because  by  those  statutes,  conspiripg  to  depose 
the  queen  IS  made  treason;  which  needed  not 
(as  has  been  observed  already)  if  it  was  treason 
within  that  clause  of  compassing  the  king's 
death,  within  the  statute  of  25  Ed.  3.  The 
like  may  be  observed  in  many  other  such  tem> 
porary  laws,  as  that  of  25  H.  8,  cap.  22.  26 
H.  8,  cap.  13.  28  H.  8,  cap.  7.  1  Ed.  6,  cap. 
12,  and  5  ^  6  Ed.  6,  cap.  11. 

And  it  is  worthy  observation,  though  by  way 
of  a  short  digression,  that  in  many,  if  not  in 
every  one  of  these  temporary  laws  of  treason, 
there  is  an  express  clause  and  provision  still, 
that  concealment,  or  keeping  secret  of  any 
high  treason,  should  be  adjudged  misprision  of 
treason :  as  if  there  were  great  need  of  that  cau- 
tion, lest  the  judges  might  judge  concealing  of 
treason  for  high  treason. 

Now  to  shew  the  tenderness  that  the  judges 
heretofore  shewed  in  the  expounding  of  mis 
statute  of  treasons  of  25  Edw.  3,  and  how  cau- 
tious they  were  in  extending  it  beyond  tlie 
strict  sense  and  letter  of  the  statute,  read  the 
case  in  Mich.  19  Hen.  6,  fol.  4T,  Case  102.  A 
man  was  indicted  in  the  King's-bench  of  petty 
treason  (which  is  declared  too  by  the  same 
statute  of  25  Edw.  3,  cap.  2.)  for  killing  his 
mistress,  whom  he  servetl.  And  because  the 
words  of  this  stat.  of  25  Edw  3,  decliare  it  petty 
treason  where  the  servant  kills  the  master,  they 
were  in  doubt  whether  it  oun-ht  to  be  extended 
to  the  mistress,  or  not.  And  there  the  judges 
of  til e  King's-bencb  (before  whom  the  case 
was)  scut  to  the  judges  of  the  court  of  Com- 
mon-pleas then  sitting,  and  to  the  seijeants 
there  to  know  their  opinion  of  the  case.  And 
by  advice  of  all  the  judges  of  both  courts,  it 
was  adjudged  petty  treason  for  the  servant  to 
kill  the  mistreis,  not  only  witilin  tbe  meaiUDg, 


but  within  tlie  very  words  of  th«t  staitate ;  Ibr 
master  and  mistress  are  in  effect  hot  one  and 
the  same  word,  they  diflfinring  only  in  gender. 

Sir  Edward  Coke  says,  sfnstit.  ibi.  20  &  22. 
The  judges  shall  not  judge  d  timili^  or  by  oqaky, 
by  argnm^it,  or  by  inferenee  of  any  treason  } 
but  new  or  like  cases  were  to  have  been  re- 
ferred to  the  determination  of  the  next  par« 
liament :  *  Ubi  terminataa  sunt  dubitalioMn 
Judiciorum,'  says  Bracton. 

Let  us  in  the  next  place  examine  the  audio* 
rities  in  law,  and  book-cases,  cited  by  this  aii« 
thor  of  the  Antidote,  and  see  how  far  they 
make  good  his  opinion,  that  meeting  and  con- 
sulting to  noake  an  insurrection  against  the 
king)  or  raise  a  rebellion,  (which  is  tho  seme 
with  levying  war,  within  the  words  of  25  Edw. 
3,)  though  the  rebellion  be  not  actually  raised, 
is  high  treason  within  this  law  of  25  Edw.  9. 
For  so  he  proposes  the  question,  fol.  5,  of  hi* 
book.  And  if  he  does  not  conliue  his  argu* 
ment  to  that  stetote,  he  says  nothing  to  tht 
lord  Russell's  case. 

To  prove  the  meeting  and  censnlliog  to  make 
an  insurrection  against  the  king,  or  raise  a  re- 
bellion within  the  kingdom,  (mOtM^  the  re- 
bellion is  not  actually  raised)  is  high  treason 
within  the  statute  of  25  Edw.  3,  cap.  2,  (whicb» 
put  all  together,  is  the  position  the  Antidbio 
maintains^:  he  cites  the  case  of  CoartaUe, 
mentioned  in  Calvin's  case,  sir  Edward  Coke's 
7th  Ilep.  fol.  10,  b.  and  thence  infers,  that 
whatsoever  tended  to  the  deposing  qneen 
Mary  was  a(]|)udged  treason  ibr  eompassin^ 
her  death. 

And  this  no  man  denies  ;  and  it  agrees  with 
the  judgment  of  sir  Edward  Coke,  in  this 
chapter  of  treason,  fol.  6,  upon  the  word  [Mort], 
whore  he  says,  be  that  declareth  by  overt- act 
to  depose  the  king,  does  an  overt-act  of  com- 
passing and  imi^ning  the  death: of  th«  king: 
and  so  rays  sir  Matthew  Hale's  Heas  of  tM 
Crown,  fbl.  11,  towards  the  hAter  end.^  Bni 
what  is  this  to  the  point  in  himd,  which  merely 
concerns  a  meeting  and  consulting  to  nxike  an 
insurrection,  or  raising  a  rebe]hot>,  which  is  tbt 
same  thing  with  conspiring  to  levy  vrwt  ?  CTon- 
^  spiring  to  de|K>se  the  king,  and  conspiring  to 
levy  war,  are  different  things ;  as  conspiring  to 
levy  war  is  clearly  hdd  to  be  a  distinct  treasen 
from  conspiring  the  death  of  the  king.  And 
I  therefore  the  former  of  these  (as  hath  been  be- 
fore observed)  cannot  by  law  be  an  overt- act  of 
the  latter,  as  appears  W  the  said  treatise  of  the 
Pleas  of  the  Crown,  fol.  13,  towards  the  latter 
end.  Nor  was  conspiring  to  levy  war,  without 
an  actual  levying  of^it,  any  treason  within  the 
statnto  of  25  Ed.  3,  upon  which  statnte  onlf 
the  indictment  of  the  lord  Rassellis  gronndeil, 
as  is  acknowledged  bv  the  attorney-general. 
And  dierefore  to  supply  that  defect,  the  sta- 
tute of  13  Car.  2,  does  expressly  make  it  to  be 
treason.  But  the  lord  Russell  was  not  indietetf 
upon  that  statute  of  13  Car.  2,  and  fW  this 
reason  he  ought  to  have  been  acquitted  upon 

Sis  indictment  grounded  onfy  upon  the  etatnto 
'25£dl!V«9* 


r4i]  STATE  TRIALS,  85  Ciuute  11.  I€6^^->r  i%ft  TMm^u. 


[7« 


AM  ifpMotiBidg  with  «  ftwNg;n  prince  to 

Alto  mn  iBYMon,  (wben  no  iavaaion  ibiloiretl, 
«•  the  etms  «f  Dr.  Btory  ivm)  Dyer  298,  be 
iftU  one  with  oeDspiriiM^  to  levy  war,  when  in- 
deed be  war  it  raised  ;  it  is  oat  of  ail  dkiptite, 
tkmt  SHch  practising,  aad  sodi  conspiring, 
ea&aot  be  treason  within  the  statute  of  25 
Cdw.  S,  theogh  it  be  treason  M'ithin  the  statute 
•f  IS  Gar.  fi. 

la  the  case  of  the  lord  Cobham,  1  Jaoobi, 
there  was  more  in  .the  case  than  oonspiriog  to 
nake  an  insurrection  (which  is  all  that  the 
•tithor  of  the  Antidote  takes  notice  oit) :  there 
was  also  aa  actual  rdieUien  raised,  as  appears 
by  the  said  little  treatise,  styled,  The  Pleas  of 
tae  Crowo,  .fol.  13,  for  the  people  were  there 
fwmblod  to  take  the  king*  into  their  power, 
as  that  book  puts  the  ease  of  the  lord  Cob* 
ham. 

And  80  it  is  in  the  case  of  the  lord  Grey : 
f»r  there  they  had  not  only  oons^hred  to  make 
an  insurrection,  but  farther,  to  seize  the  king, 
and  get  him  into  their  power ;  which  b  a 
direct  conspiring  against  his  person,  which  na- 
tarally  tends  to  the  destruction  of  his  person, 
and  is  the  same  mth  conspirinff  his  death,  as 
hath  been  usually  expounded  :  but  it  is  other- 
wise merely  to  conspire  to  make  an  insur- 
rection, which  can  be  no  lopre  than  conspiring 
to  levy  war.  The  case  of  sir  Henry  Vane,  and 
Plunket,  had  many  other  ingredients  to  mount 
them  up  to  treason,  which  diiferents  them 
Irom  my  lord  Russell's  case.  \ 

As  to  the  point  of  misprision  of  treason, 
with  which  the  anthor  of  the  Antidote  con- 


dudies,  I  have  fully  declared  my  opinion  al- 
ready in  the  former  part  of  this  discourse ; 
and,  1  think,  plainly  evinced,  that  though  the 
noble  I^rd  migbt  be  present  while  others  might 
between  themsdves  privately  debate  matters, 
and  condude  upon  lliem,  yet  it  did  not  eleariy 
appear  by  any  prooA,  that  this  aeble  lord  ever 
gave  the  least  consent  to  what  was  so  eon- 
eluded;  without  which  consent  it  could  not 
amount  to  treason,  but  at  the  most  be  a  mis- 
prision only.  Nor  must  any  man's  life  be 
taken  from  him  upon  presumption  or  |irobable 
arguments,  but  by  plain,  direct,  and  manifest 
downright  proofs.  But  a  more  strong,  and 
indeed  a  violent  presumption  lay  quite  the 
other  way,  that  this  noble,,pr«dent,  and  pious 
lord  couid  never  be  guilty  ot*  sueh  a  crime,  as 
to  conspire  tiie  death  of  king  Charles  the 
Second  :  it  was  extremely  agaisMBt  his  iiiterest 
80  to  do ;  for  the  life  of  that  Icing,  so  long  as  It 
continued,  by  the  blessing  of  Clod,  was  the 
great  srcurity ,  both  he  and  all  good  Protestants 
bad  against  the  greater  danger  that  miglic 
happen  by  the  change  arising  by/the  death  of 
that  king,  of  losing  our  religion,  and  all  om- 
civil  and  religious  rights,  as  the  experience  ive 
have  lately  had,  hath  sadly  taught  us.  And  if 
any  thinr  were  consulted  between  this  excel- 
lent loruand  those  with  whom  he  met,  as  is 
more  than  probable,  it  was  how  to  secure 
themselves  agaipst  those  dangers  they  .saw  so 
near  approaching,  if  the  life  of  king  CbaHas 
the  second  shoiud  iiiil ;  tliere  was  so  great  a 
cause  to  fear  them,  considering  who  was  tike 
to  succeed  in  the  throne. 


The  Magistkacy  and  Government  of  England  Vindicated  : 
Ju  Three  Parts.  Containing,  I,  A  Justification  of  the  English 
Method  of  Proceedings  against  Criminals,  &c.  !!•  An  Answer 
to  several  Replies,  8cc.  III.  Several  Reasons  for  a  general  Act 
of  Indemnity.    By  Sir  Bartholomew  Shower. 


IN  the  present  age,  when  the  variety  and 
flsaltiplicitT  of  new  pfiints  is  snch,  that  the 
OMHiey  and  time  required  for  i  their  purchase 
and  perosal,  is  more  than  an  ordinary  gentle- 
BMtt  can  reasonably  allow ;  it  may  deserredly 
be  thought  a  nuisance  to  the  ponlic  to  have 
teir  numhers  increased ;  especiallv  since  the 
eonphdnt  of  the  ingehious  author  or  the  Trim- 
ner^s  Character,  that  for  .this  Tery  cause,  he 
«ould  almost  have  wished  himself  unable  to 
read  }  hut  yet  the  support  of  magistracy  and 
gofcrimieiit  is  a  noble  theme,  so  useful  to  tiie 
■nblic,  and  so  generally  agreeable  to  the 
kamonr  of  mankind,  that  the  mere  subject  will 
(1  prerame)  be  an  excuse  for  this  publication, 
if  any  th]ii|^  ean  be  so. 

At  this  tune  of  day  none  would  have  thought 
that  a  necessity  should  happen  of  writing 
vpon  such  a  topic,  when  erery  English  Pro- 
testant was  entertaining  himself  with  the  pleas- 
httprospeetof  imnartial,  due,  and  indifferent 
ttuimJstrationB,  wnen  authority  was  becoming 


amiable  and  easjr  to  the  people,  when  the 
people  wer^  inclining  to  a  zeal  and  affection 
for  the  honour  of  magistrates  ;  in  short,  when 
the  law  was  recorering  its  cbuded  credit :  in 
this  conjnncture  none  expected  to  see  iill  the 
pillars  and  posts  in  the  town  daubed  with  plen- 
tiful title-pages,  (like  so  many  Histriomastixes 
of  William  Prynn's)  directing  their  spectators 
to  books  of  obloquy  and  reproach,  not  only  on 
the  persons  and  opinions,  out  the  authority  of 
judffes  ;  when  neither  of  the  three  arc  corri- 
gible, or  so  much  as  censurable  anyhther- 
wise  than  in  and  by  a  parliament :  much  less 
was  it  expected,  that  gentlemen  of  the  long 
robe  would  appear  in  print  to  ridicule  their  own 
profession,  and  expose  our  law  even  to  the 
scorn  of  foreigners.  1 1  would  not  have  1>eeu  so 
very  strange  to  have  seen  a  doctor  of  the 
Commons  exercising  his  wit  and  raillery  on 
the  common  law  proceedines,  when  he  saw 
his  dearest  Diana,  1  mean  his  excommnnica- 
tlon  process,  in  danger  of  becoming  useleitt. 


745]  STATE  TRIALS,  35  Charlbs  H.  l6M^Tiialo/  WUUamlard  Ruuell,  [744 


and  a  fair  oocanon  given  him  for  such  an 
essay  from  the  disgust  of  the  people  against 
Westminster-ha]!. 

"^  But  none  imag^ed,  that  satires  apd  iuTec- 
tlves  upon  past  proeeedings  should  be  writ  by 
lawymv,  who  expect,  a  farther  benefit  fit>m 
their  profession  by  the  gnrace  and  favour  of  the 
government ;  which  if  they  happen  to  acquire, 
according  to  their  expectations,  I  would  only 
rememb^  them,  that  mocking  is  catching  in 
the  proverb.  There  was  once  upon  a  time,  a 
certain  master  of  arts,  who,  whilst  at  Cam- 
bridfips,  did  ridicule  and  expose  the  dergy  of 
the  £nglisli  Church,  by  writing  the  ^etended 
causes  of  their  contempt ;  but  the  Templars 
said,  that  he,  whilst  at  London,  did  give  an 
occasion  for  a  third  part  to  the  same  tune, 
or  at  least  a  new  edition  of  the  book,  with  addi- 
tions by  the  author  himself,  even  of  his  own 
dull— ^  as  proper  for  the  like  use.  In  petty 
corporations  they  who  have  most  complained 
of  other  hardships  have  frequently  out-done 
their  predecessors,  when  once  they  have  got 
their  places.  A  whining,  complainmg  servant 
doth  oflen  prave  a  peevish,  imperious  master ; 
and  I  am  sure  in  the  inns  of  court,  the  most 
noisy,  troublesome  and  mutinous  students  and 
hamsters  make  the  stiffest  and  most  magis- 
terial benchei-s.  I  make  no  apphcation,  but  I 
leave  the  reader  to  what  he  pleaseth.  Better 
thin^  are  to  be  hoped  of  all  concerned  in 
public  government. 

8inoe  the  press  seems  open,  and  lawyers 
books  are  published  without  a  licence,  another 
may  assume  the  same  liberty  with  eaual  au- 
thority, and  with  more  reason,  when  his  pro- 
vince is  only  to  correct  the  misrepresentations 
of  things,  actions  and  persons,  though  made 
by  authors  of  age,  experience,  figure,  and 
learning,  (I  will  not  say  candour  or  honesty) 
especially  since  they  are  private  men,  and 
having  vented  their  own  thoughts  in  print, 
they  remain  no  longer  theirs,  bnt  are  equally 
exposed  to  the  censure  or  applause  of  every 
reader.  Besides,  it  is  generally  presumed, 
,  that  an  author  expects  a  public  animadversion, 
or  otherwise  he  would  never  have  become  such. 
'  He  presumes  his  ai^iiments  irrefragable,  and 
then  an  answer  does  him  no  mischief ;  and  if 
they  are  otherwise,  he  deserves  it.  And  suwly 
he  stands  as  liable  to  be  corrected  by  others,  as 
otliers  were  to  be  censured  by  him.  And  it  is 
more  warrantable  certainly  to  write  and  print 
for  the  vindication  of  former  proceedings,  than 
it  can  be  either  candid  or  genteel  to  arrai^ 
or  expose  them  ;  especially,  since  to  do  so,  is, 
and  must  needs  be,  mischievous  to  past,  pre- 
sent, and  future  governments,  as  experience 
will  unquestionably  teach  us  ;  but  the  other  is, 
and  will  be,  of  service  to  future  administrations, 
by  maintaining  the  reputation  and  credit  of  ju- 
diciary pi*occcKlings. 

It  in  weW  known,  that  the  lord  Russell  being 
80  unfortunate  as  to  fall  under  the  accusation 
of  treason,  was  the  most  pitied  of  any  under 
those  circumstances,  by  all  who  knew  either 
his  family  or  personal  character ;  great  ex- 


pectatioiia  were  then  had  of  die  iame  of  tiiat 
trial,  the  event  gave  great  oocanon  ior'dis- 
course  afterwards,  and  almost  ever  dace ;  ihe 
printing  of  his  last  sneech,  widi  the  aevend 
answers  to  it,  did  mucn  augment  the  talk.  It 
cannot  but  be  remembered  how  varioiiB  and  dif- 
ferent the  sentiments  of  roost  were  upon  tfaait 
subject ;  the  debates  oonoeming  it  goienlly 
concluded  in  a  nity  to  his  person  and  relation8^ 
as  a  great  misfortune  upon  both,  and  in  truth 
upon  the  nation,  that  a  gentleman  of  sooli 
qualifications  should  be  guilty  of  so  much  in- 
adveiteocy,  (to  say  no  worse)  as  to  engage  se 
frequently  in  such  consults  as  he  unhapptly 
did.  Some  blamed  the  jury,  most  censured 
the  witnesses,  but  very  few  arraigned  either 
counsel  or  court ;  and  in  truth,  the  ftimeia 
and  indiflerency  of  that  trial  was  such,  that  hb 
own  relations  were  pleased,  and  his  enemies 
angry,  with  those  that  then  sat  upon  the 
bench  ;  and  thus  it  continued  till  the  present 
revolution. 

Then  the  memory  of  that  nnfortunate  gen- 
tleman was  revived  by  the  pubHcation  of  a 
defence  of  his  innooency.  The  name  Boh- 
scribed  to  the  title-page  is  so  great,  that  1 
should  be  afraid  to  proved,  but  mat  I  am  re- 
solved not  to  be  known  ;  and  therefore  if  any 
thinff  fiills  from  my  pen  indecent  or  disrespect- 
ful, ne  must  excuse  it,  as  a  privilege  churned 
by  authors,  especially  of  hooks  that  have  no 
name  to  them. 

To  begin  at  the  end  ;  for  what  purpose  was 
that  pamphlet  printed  ? 

It  could  not  be  for  the  good  of  the  nation,  as 
a  means  for  consumption  of  paper ;  for,  as  I 
have  been  told,  that  is  a  Frencn  commodity. 

It  could  not  be  for  the  bookselier's  profit^ 
only,  for  a  reason  to  be  guessed  at. 

ft  coAld  not  be  for  the  sake  of  thjat  lord's 
memory,  or  any  of  his  surviving  relatives ;  for 
no  man  finW  think  it  a  service  to  them,  to  re- 
new the  thoughts  of  that  unhappy  accident  in 
so  noble,  antient,  and  worthy  a  family.  In 
truth,  the  whole  treatise  is  notnii%  but  a  Mint- 
ing to  the  life  the  too  deep  concern  of  Uiat 
branch  of  it  in  a  weak  as  weil  as  criminal  en- 
terprize.;  for  what  else  doth  signify  the  ex- 
pression, p.  4,  that  being  present  at  a  consult 
of  traitors  a  second  time,  or  <^lener,  raises  a 
strong  suspicion,  that  the  party  who  does  to, 
likes  it,  consents  to  it,  and  approves  it !  or  dae 
he  would  have  forborn  after  his  having  been 
once  amongst  them !  And  many  other  such  ex- 
pressions there  are  with  the  like  reflectiona,  as 
pag.  7.  that  Rumsey  and  Sheppard,  the  two 
first  -  witnesses,  &c.  raise  a  strong  suspicion 
upon  my  lord,  and  make  it  probaue  that  be 
was  g^Uty.  And  in  the  same  page  the  au- 
thor seems  to  agree  him  ff  uilty  of  misprision. 
And  p.  17,  he  republishes  the  evidence  of 
Rumsey,  that  there  was  a  consent,  and  this  the 
author  agrees  to  be  high  treason ;  but  he  then 
endeavours  to  invalidate  the  credibility  of  that 
evidence,  by  shewing  the  wildness  of  his  own 
memory.  Now  how  this  could  serve  the  re- 
putation of  the  deceased,  or  cure  the  resents 


745]  STAT%  TRIALS^  35  Chables  1L  l6S3.^for  High  Treawn.  [746 


'nMntof  Ins  relations  upon  that  account,  I  con- 
ftssmyaelfntterly  unable  toimagine.  Nor  can 
any  rnder  suppose  the  title  Terified  by  the 
book,  viz.  <*  A  Defence  of  Innocence,"  when 
there  is  not  one  word  to  be  read  of  it  but  in 
the  irontisniece.  Sorely  there  is  no  thanlcs  due 
to  the  aamor  from  that  fiunily,  no  more  than 
was  an  extraordinary  fee  doe  to  that  lawyer 
who  pleaded  for  a  defendant  to  this  effect: 
*  My  client  I  most  confess  is  a  wag,  but  not  so 
great  a  wag  as  the  counsel  of  the  other  side 
wonld  represent  him ;  d^ir  proof  is  very  strong, 
bat  not  so  strong  as  they  would  boast  it  to  be  ; 
oar  defence  is  bat  dark  and  weak,  hot  not  so 
weak  as  they  would  argue  it*  So  that  the 
book  ooold  not  be  writ  for  a  service  to  that  fa- 
mihr,  unless  a  concession  of  guilt  can  be  called 
a  Vindication  of  Innocence. 

It  could  not  be  for  the  sake  of  the  govern- 
ment :  For  it  can  never  be  deemed  a  politic 
service  to  rake  into  old  sores,  when  lenifying 
and  moderate  methods  are  more  advisable ; 
and  if  every  thing  should  be  republished  which 
bath  given  disgust  to  the  people,  few  would 
escape  the  lash,  the  righteous  themselves  would 
scarcely  be  saved ;  for  abundance  of  them 
have  tnpt  either  in  their  public  or  private  con- 
▼ersation,  and  some  in  both,  and  that  noto- 
riously too:  I  name  nobody.  Besides,  the 
goveramcntmustof  necessity  never  allow  the 
4octrines  divulged  in  this  pamphlet,  unless  it  is 
intended  that  its  being  and  continuance  shall  be 
as  precarious  as  a  Beneplacito  juckpeship,  and 
as  dependent  upon  die  people's  humour,  as 
that  is  upon  the  king's :  Nor  can  any  govern- 
ment countenance  fuid  enconraffe  the  arraigni- 
ment  of  a  considerable  number  of  wealthy 
worthy  citizens,  with  the  printed  censure  and 
insinuation  of  their  being  a  parcel  of  corrupt. 
Ignorant,  iniiidicious,  dishonest,  and  partial  fel- 
lows; and  mis  is  done  to  the  foil,  when  said, 
that  die  contrary  would  have  sworn  to  a  not 
goiItT,  or  at  leastwise  they  should,  if  the  au- 
thor had  been  there.  But  most  of  his  readers 
are  of  another  opinion,  notwithstanding  the  se- 
oond  letter,  p.  7. 

It  could  not  be  for  the  sake  of  popular  ap- 
ptaase ;  for  it  is  thought,  that  the  treatise  will 
never  deserve  or  procure  it,  especially  if  you  take 
it  in  pieces,  and  consider  them  apart,  and  with 
sober  reflections.  So  that  no  man  can  tell  what 
.  it  was  writ  fer. 

When  the  title  of  the  book,  and  the  name  of 
the  author  was  first  published,  mankind  was 
foU  with  a  pregnant  expectation  of  some  rare, 
abstrase,  uncommon  learning  upon  the  point  of 
treasons,  with  which  the  world  was  before  un- 
acquainted. No  man  looked  for  a  preachment 
concerning  the  body  and  blood  of  our  Sariour, 
the  woHd  to  come,  and  the  guards  of  heaven, 
as  topics  proper  for  an  animMveraion  upon  that 
trial,  especially  from  such  an  author.  But 
there  is  nothing  strange  under  the  sun. 

The  preface  is  an  encomium  upon  the  author 
himself,  declaratory  of  his  readiness  for  public 
aervioes,  and  seems  to  be  calculated  for  a 
cooler,  or  a  defence  against  the  heats  and  ri- 


sours  of  an  harsh  and  oppressive  ffovemmenty 
n»r  an  help  to  such  as  may  possiblV  hereafter 
fall  into  the  like  danger  and  trouble  :  And  to 
teach  the  people  the  fear  and  jealousy  of  a  pos- 
sibility of  such  occurrences  affain,  can  never 
be  thought  a  public  serrice.  As  to  part  of  the 
preface,  it  is  so  dark,  that  a  riender  understand- 
ing can  never  readi  the  sense  of  it,  I  mean 
thatlong^  paragraph,  The  Copies  of,  &c. 

The  first  letter  be^ns  with  a  seeming  shew 
of  a  bold  resoldtion  in  the  author  to  perform 
the  duty  of  a  friendly  counsel,  maugre  all  die 
inconveniences  diat  might  happen  to  himself 
thereby.  But  it  concludes  with  an  extraordi- 
nary caution  and  care  to  prevent  all  danger, 
even  tosuch  a  deg[ree  as  much  diminishes  the 
credit  of  that  invincible  and  heroic  resolution 
at  first  boosted  of.  And  if  his  courage  had 
been  so  strong,  why  were  not  these  letters  pub- 
lished formerly,  and  in  times,  when,  in  the 
author^s  judgment,  there  was  more  occasion 
for  their  use,  than  the  present  can  possibly  af- 
fbrd  P  But  rather  it  may  be  again  asdced,  why 
they  are  printed  at  all,  the  <£servations  con- 
tained in  them  baring  been  printed  not  above 
500  times  already,  and  perhaps  with  as  much 
advantage  P  Was  it  a  secret  to  the  worid,  t  hat  a 
variance  between  the  indictment  and  the  en^ 
dence  might  be  alledged  on  the  general  issue  f 
Did  no  man  in  town  know  that  treason  and  the 
misprision  of  it  are  different  crimes?  Is  the 
£stinction  between  them  such  a  new  invention^ 
atid  so  very  useful,  as  to  be  an  equivalent  for 
the  want  of  counsel  in  capital  trials,  as  the 
Preface  and  Letter  do  insinuate,  if  they  do  any 
thing  P  Who  ever  doubted,  but  that  proofs  of 
treason  must  not  be  by  hearsay  or  argument 
only  P  Was  it  ever  a  question,  for  this  hundred 
years,  but  that  every  indictment  of  treason 
must  contain  an  overt-act  P  Or  that  less  than 
two  witnesses  was  allowable  for  proof  of  that 
crime  P  Or  did  any  man  ever  scruple  but  that 
Keble's  statute-book  contains  a  true  copy  of 
the  13  Car.  3.  cap.  1.  which  requires  witnesses 
credible?  Now  if^  these  questions  must  be  an- 
swered in  the  negative,  how  can  the  adrice  of 
these  letters  be  assistant  to  a  better  defence 
than  was  known  long  since  P 

The  book  itself  he^s  with  stories  of  tran- 
sul)stantiation  of  bodies,  and  a  transmigration 
of  soub,  as  much  to  the  purpose,  as  the  par- 
son's text  was  to  his  doctrine,  who  preached 
upon  the  certainty  of  the  day  of  juii^meiit 
from  that  verse  in  Crenesis,  *  And  Adam  knew 
Eve,  and  she  conceived,  &c.'  But  perhaps  the 
author  intended  all  that  first  page  for  a  flourish, 
and  to  entice  his  reader  into  a  patient  perusal  of 
what  follows,  and  prejudice  nim  against  the 
sheet  he  pretends  to  answer.  He  is  very 
frank  in  styling  it  a  libellous  pamphlet,  and 
the  author  some  rank  l»gottea  papist;  but 
to  what  purpose  no  man  can  divine,  unlesa 
it  vvere  to  expose  him  to  the  rage  of  the 
mobile ;  but  his  name  was  never  posted,  and 
so4ie  is  safe  from  that  danger. 

I  must  confess,  that  it  would  be  a  mightylid- 
dition  to  the  liberty  of  the  sulgect,  tonavetbe 


rif]  STATJE  TRIALS,  35  Cuarl£s  11.  l685.*-2>i»/  of  WilHm  LnrdRu9$eU,  {7M 


lawfsiaUifbed  aad  dadared  to  be  'vdiai  the 
late  judge  dotb  argue  it  is;  fbiv  then  there 
voqid  be.  a  fraedem  for  maleooDtente  to  endea- 
▼eur  their  ownsatisittctiep  hy  eewipvaoies  and 
consults,  and  that  with  impuaity.  Bot  as  the 
law  was,  and  always  hath  oeen  .taken  to  be,  ap 
English  subject  bath  Terj  little  colour  tot 
his  pretence  to  such  a  pn?il^ge  as  that  doc- 
trine giires. 

The  Indictment  is,  That  at  such  a  place  and 
time  <  he  did  compass  and  imagine  not  only 
to  depriire  the  king  ofhis  goyernmentand  roval 
state,  but  to  kill  and  put/him  lo'  death,  ana  to 
procure  a  miserable  slaughter  amongst  the 
King's  sul^eots ;  and  to  subvert  the  govern- 
ment of  England,  and  to  raise  a  rebeUioa 
against  the  king.'  Thmi  foUows,  '  That  to 
fulfil  and  perfect  these  treasons  and  trailerous 
imaginations,  he,  lo^^er  with  other  traitors, 
did  tnen  and  therewith  them  traitaxtusly  con- 
sult, conspire,  conclude  and  agree  to  raise  a 
rebellion,  and  to  seiaa  and  destroy  the  guards, 
of  the  king's  p«von,'  contra*  &c.  Now  whe- 
thei;  theselaftt  acts  be  not  a  natural  and  genmne 
evidence  of  the  fiumer,  1^  any  rational  man 
jud^e.  But  I  win  particularly  prove,  that  this 
mdictment  was  sumdeat  to  wamnt  the  judg- 
ment Dvhich  the  court  gave,  and  pronounced 
upon  a  verdict,  that  the  accused  was  guilty  of 
that  fact  in  the  indictment,  and  then  answer  the 
ol»ections  started  against  it. 

First,  There  is  a  sufficient  treason  alledged. 
And  secondly,  Here  is  a  sufficient  oveit-act. 
Both  th^  I  will  agree  are  necessary  ;  and  if 
either  were  wanting,  the  indictment  was  naught. 
Now  it  must  be  agreed  to  me,  that  the  first  is 
cTear  and  plain  ;  for  by  the  law,  to  compass  or 
imagine  tLe  death  of  the  king:,  queen,  or  their 
eldet^tson,  is  high  treason.  It  is  true,  by  the  same 
law,  some  open  act  of  which  human  justice 
can  take  a  conusance,  is  requisite  to  be  proved ; 
the  very  words  of  the  statute  do  ezprmly  re- 
quire it ;  and  iu  truth  it  is  no  more  than  what 
must  have  been,  had  no  such  words  been  used : 
for  thoughts  are  secret,  and  can  never  be  ar- 
raigned, proved,  or  censured,  any  otherwise 
than  as  they  are  discovered  by  some  overt-act ; 
so  that  the  clause  requiring  an  appearance  of 
the  oompasslug  and  imagination  by  some  overt- 
act  or  open  deed,  is  no  more  than  would  have 
been  impliedly  requisite,  had  the  clause  been 
omitted.  It  is  the  nmagination  and  oompassiag 
which  is  the  treason,  £at  alone  is  the  *  crimen 
Iffisae  m^jestatis,'  which  is  prohibited  and  con- 
demned; the  overt-act  is  not  the  treason,  that 
is  only  a  necessary  circumstance,  without 
which  no  court  can  ever  take  conusance  of  the 
4)iher,  And  it  is  necessary  to  'dledgesome 
such  deed,  *  a  necessitate  rei,'  without  respect 
to  the  words  oi  that  statute.  I  insist  the 
longer  unon  this,  because  it  is  used  as  an  ob- 
jection, mat  the  dauseof '  provably  attaint  by,' 
&c.  is  restrictive,  whereas  it  ia  not  so ;  for  it  is 
only  to  make  that  first ^;i«»fied  treason  of 
imagination  and  compassing  to  be  a  thing  in- 
telligible and  triable :  and  farther  to  prove  this, 
it  is  considenibie,  that  this  requiaito  of  the 


overt-aotisofusa  and  necessity  bardy,  aafl 
only  in  the  case  of  that  which  is  first  matt* 
tinned,  via.  Compassii^.  For  the  other  aorta 
of  treason  are  acts  theoMelves  whereof  oMaee 
may  be  had,  as  levying  of  war,  violating  tlie 
queen's  bed,  and  the  like ;  und  in  aa  Midici* 
ment  you  need  oni^  aUedgetka  Acts  themselves 
as  that  there  was  a  war  levied,  there  was  a  car- 
nal knowledge  had,  and  the  like.  And  tlus 
farther  appears  from  the  very  form  of  indicfr- 
mento  used  ever  since  that  statute ;  for  there 
never  was  an  indictment  ^and  if  there  w«ra,  it 
could  never  be  good)  barel  v  averring  an  overt- 
act  without  an  express  allegation  w  the  cohi- 

pa»af.  ' 

Then  the  matter  resalte  aolely  into  this 
question,  whether  the  fact  here  kid  be  naturally 
and  necessarily  declaratory  of  the  party's  ima- 
gination to  destroy  the  king ;  for  if  so,  the  in- 
dictment is  undoubtedly  good;  and  it  can 
never  be  called  a  constructive  treason,  era 
thing  devised  by  the  judra  interpretation  of 
the  statute;  for  they  adju^ee  no  moretreaaon^ 
than  what  the  statute  declares,  and  that  is  an 
imagination  of  the  king's  death.  Now  what- 
soever is  significative  of  a  man's  intention  or 
imagination,  is  a  suffident  overt>deed  to  de- 
monstrate, that  that  man  had  such  intuition  or 
ima^ation ;  and  whatsoever  is  expressive  or 
significative  of  a  man*s  intending,  oompasnng 
or  imagining  of  theking's  death,  is  a  siiffideat 
overt-act  to  prove  and  make  such  a  man  a 
traitor  within  this  law.  *  Now  that  a  consult 
about,  and  an  agreement  and  condndon  ac- 
tually to  sdae  tike  king's  guards,  and  raise  a 
rdtdiioa,  are  a  naturd  and  genuine  dedaratien 
that  the  person  wbo  did  so  consult^  asree  and 
conclude,  did  compass  find  imagine  toe  death 
of  the  king,  is  sumv  phun  enou^ :  for  a  re- 
bellion, if  successful,  can  determine  in  nothing 
else  but  the  king's  deatl),  dther  natural  or 
dvil,  whidi  is  all  one  within  this  law.  Now 
he  that  designs  and  intends  the  necessary  uMaaa 
naturally  conducing  to  a  particular  end,  that 
roan  may  certainly  be  said  to  intend  and  de^ 
sign  that  end,  *  Causa  causae  est  causa  caiwatL* 
If  the  deed  tend  and  condude  to  the  execution 
of  the  treason,  that  is  a  suffident  overt-act, 
says  Coke,  3  Inst.  19.  And  in  the  same  book» 
fol.  6.  he  hath  these  words,  *  That  he  who  de* 
clarethby  overt  act  to  depose  the  king,  is  a 
suffident  overt-act  to  prove,  that  he  oompassetli 
and  imagineth  the  death  of  the  kin^ ;'  sod  so  it 
is  to  imprison  the  kinpf*  to  get  him  into  his 
power;  and  to  manifest  the  same  by  soma 
overt-act,  this  is  also  a  suffident  overt-act  lor 
the  intent  aforesaid. 

Ia  3  Inst.  p.  13,  it  is  hdd,  that  a. preparation 
by  some  overt-act  to  depose  the  king,  «r  to  take 
the  kin^  by  force  and  strong  hand,  or  to  im- 
prison £m  till  he  hath  yidded  toceiiMade^ 
mands,  that  is  a  sufficient  overt-act  to  j^rove 
the  compassing  and  imagination  of  the  lcing% 
death ;  (for  that  this,  upon  the  matter,  is  to 
make  the  king  a  sulaect)  and  to  despoil  him  of 
his  r^d  office ;  and  so  he  says  it  was  resolved 
by  all  the  judges  of  £ngland,  HiL  t,  Jac.  1,  in 


7m 


STATE  TRIALS,  $5  Chablbs  II.  l683.-/ar  High  TVeason. 


the  cam  of  tb*  lof4  €ol>ham,  lord  Grer,  Wat- 
•nnftB^  Cbrk,  seiniiiarj  priests;  and  so  be 
toUs  us  ID  the  same  ^laoe  that  it  had  been  re- 
■oired  by  the  kisdces  in  tfie  ease  of  the  earls  £. 
mtA  R  Now  ir  we  consider  the  reason  wb  j  these 
were  overt-acts  of  treason,  it  will  appear  to  be 
<mly  because  of  their  natoral  tendency  to  the  ac- 
coiBplisbHient  of  that  partieolar  treason  of  com- 
passing, whieb  holds  the  same  in  the  author's 
ease  ao  wet!  as  in  those  there  mentioned. 

A  conspiracy  with  a  forein  prince  is  agreed 
by  my  lord  Coke,  ib.  14.  to  be  treason,  if  it  be 
to  iorade  the  realm  ;  and  an  overt-aet  of  such 
practice  to  be  a  saf&^nt  overt-aet  of  a  com- 
passing the  king's  death ;  and  the  reason  is,  be- 
cause such  actioDS  cannot  be  thought  to  be  in- 
tended for  any  other  purpose ;  and  yet  that 
particular  act  may  be  accomplished ;  and  it 
may  so  happen  as  that  the  kmg's  death  maj 
not  follow,  and  yet  they  are  overt-aetn  of  that 
treasonable  imagination,  because  of  their  con- 
ducireness  and  tendency  thereto.  The  case  of 
Cardinal  Pole  was,  writing  a  book  of  the  pope's 
fupremacy,  in  which  were  contained  incite- 
ments of  Charles  the  emperor  to  an  inranon  of 
this  realm ;  and  that  was  held  an  overt-act  of 
imagining  the  king's  death.  In  the  lord  Cob- 
ham's  and  sir  Walter  Raleigh's  case,  a  conspi- 
racy, consult  and  agreement  to  promote]  an  m- 
snnrection,  and  procure  an  invasion,  was  held 
an  overt-act,  1  Jac.  1.  and  their  meeting,  con- 
sulting and  agreeing,  was  laid  as  an  overt-act, 
though  discovered  before  the  thing  took  effect. 
Dr.  story's  case,  which  is  mentioned  by  the 
lords  Dyer  and  Cake,  was  no  more  than  a  prac- 
tice or  persuasion  to  promote  an  insurrection 
and  invasion  :  and  the  orert-act  that  was  aU 
ledged,  was  the  writing  of  letters  f(Mr  that  pur- 
pose, which  is  no  more  infiuential  towards  it, 
not  so  much  as  frequently  meeting,  eonsi^ting 
and-conapirmg  and  at  lastcondnding  and  »me- 
ing  to  make  an  insurrection.  The  case  or  Mr. 
Coleman  was  no  other ;  for  whatsoever  the  in- 
tKctment  hud,  the  evidence  was  only  of  tetters  to 
tte  like  effect  (as  to  this  point)  with  those  of 
Dr.  Story  ;  and  the  case  of  Dr.  Story  was  be- 
fore the  Id  Eliz.  which  made  a  new  treason 
during  her  life ;  for  the  trial  was  in  Hilary 
term,  and  the  parliament  did  not  begin  till  Apnl 
following.  A  machination  or  agreement  to 
fnise  a  rebellion  naturaHy  tends  to  the  destruo- 
^n  both  of  ktnr  and  people,  and  an  advice  to  it 
had^been  adjuds^pd  so.  As  in  the  reign  of 
Hen.  4,  one  Bal&lial  going  fVom  London,  found 
one  Bernard  at  plough  in  the  parish  of  Ofley 
jn  the  eomntro^  Hertford  ;  Balshal  told  him, 
that  king  Rieli.  2.  vrasaKveio  Scotland,  (which 
was  false,  fbr  he  was  then  dead)  and  advised 
him  to  get  men,  and  go  to  king  Riohard  ;  in 
Mich.  Sy  Hen.  4^  Rot.  4.  you  will  find  this  ad- 
ju<^^  treason.  ThrogmortOn's  case  is  as 
plain,  for  his  was  only  a  conspiracy  to  levy 
war  within  this  reaim  ;  he  did  not  join  in  thie 
execution,  and  the  oonsptracy  alone  wasdeckued 
to  be  a  sufficient  overt  act  by  the  judges.  It  is 
no  answer  to  it  to  say,  that  a  war  was  afterwards 
levied,  for  qitoadhim  it  was  a  bare  consult ;  his 


[750 

oflfenoe  vras  no  more  than  that.  In  sir  Henry 
Vane's  case,  meeting  and  consulting  were  ai« 
lodged  and  held  to  to  the  ov^rt  acts.  The  case 
of  Constable,  mentioned  in  Calvin's  case,  was 
only  an  act  tending  to  deposing  the  queen,  an 
dispersing^  biUs  in  the  ntt^  Siat  £d.  6  wan 
alive  audm  France,  and  held  an  overt  ad  da-> 
churative  of  his  cumpaanng  her  death,  and  he 
was  executed  for  it.  And  in  the  report  af  Cnl-* 
vin's  case  you  have  several  other  cases  nen« 
tioned,  where  endeavours  to  draw  subyeotsfroai 
their  aJlegfiance  have  been  n^Judged  overt  acts 
of  this  speeies  of  treason,  the  compassing,  &c. 
The  word  Confess  in  the  statute  is  of  a 
larger  extent  than  only  tn  mean  an  actual  as- 
saiut  on  the  the  king's  peiaoa,  and  an  endea« ' 
vonr  tecnt'hiatbroat ;  itnaost  certunly  implies 
tmj  eonsttltor  practice  of  another  thin^  directly 
which  may  prcaocethat  effect,  as  the  diwniwdiM; 
people  from  their  fidelity:  soeh  was  Owen's 
casein  k.  Ja.  1.  bb  tinse,  in  the  19tb  year  of 
tiiatreign.  This  advioewas to  Ibis  efect:  that 
king  James,  being  excamnrankBted  by  the 
Po^,  might  be  killed  bjr  any  nMui^  and  so  to  da 
was  no  murder;  for  aeing  convicted  by  the 
Pope's  sentence^  he  might  be  slaughtered  witfa^ 
out  a  fbuh,  as  an  executioner  bangs  a  ciiminsl 
condemned  by  law :  and  for  dus  he  was  hanged 
as  a  traitor.  He  that  denies  the  title  to  the 
crown,  and  endeavours  to  set  it  upon  ano^isr's 
head,  may  do  this  withotit  a  direct  and  imine* 
diate  desiring  the  death  of  him  that  wears  it 
(so  said  Saint  John  in  his  argument  against  the 
earl  of  Strafford) ;  and  yet  this  is  treason,  as 
was  adjudged  in  the  case  of  Burton,  and  in  the 
duke  of  NorfoBc's  case,  SS  Eliz.  This  de^ 
nyin^  of  ^e  title,  witb  motives,  tiiougb 
but  minliedly,  of  action  against  it,  hath 
been  aqjndged  an  overt  act  of  oottpasMig 
the  king's  death,  as  it  was  in  John  Soar- 
howke's  easev  Pasch.  3  Hen.  4.  Rot.  Vb.  The 
like  was  the  case  of  John  Awater^  who  wan  i»- 
dieted  for  a  treason  of  that  nature  in  Kent,  and 
the  indietraent  removed  into  B.  R.  Trin.  18 
Rdw.  4.  see  Rot.  17.  and!  he  was  tiMrenponsi* 
terwardsoodawed  as  a  traitor;  aadaowasThe. 
Heber  at  the  same  time  ;  and  words  significa- 
tifve  of  an  actual  intention  have  been  held  so,  as 
aretheopinbns''of  Yetver.  107.  197.  Arthnr 
Crohagan's-case,  Cro.  Car.  S3^.  and  abundance 
of  othm  might  be  named  as  they  are  reported 
in  our  law-books,  but  I  do  not  particnhurly 
mention  them ;  fbr  that  their  authority  in 
some  of  them  is  very  slender,  and  may  be  iH 
need,  to  the  straining  of  casb  unadvtBet  vronfe 
inta.asignifloa1vm  era  man's  compassing,  when 
perhaps  the  man  never  thought  as  hespefco* 
however  all  of  them  do  evince,  that  advised 
and  deliberate  preparations  moving  to  a  danger 
to  tbo  king's  person,  have  all  along  been  ImM 
overt  acts  of  a  compassing  his  death :  and  some 
of  them  prove,  that  preparatives  and  motivestD 
the  levying  of  a  wat  have  been  held  treason,  as 
was  sir  Wittam  Asfaton  of  Suflfolk,  31  Hen.  6. 
mentioned  in  Cro.  Car.  1 19^  fbr  making  balhuis 
reAscting  upen  the  king,  and  writing  kHem  to 
the  men  of  Kent,  exciting  them  to  rise  to 


751]  ^ATlLTRllilJi,56CHkSLLtBlL\6S3,'^T>iaiofmilkmL^  [762 


the  tben  duke  of  York,  &c.  *  ad  guerram  le- 
Tandam,'  and  no  mention  of  an^  war  actually  le- 
vied. Germain  and  Taylor's  indictment  hath 
▼ery  little  more  in  it  mentioned,  than  the  like 
preparations  and  incitement^  to  a  rebellion  ;  and 
yet  the  treason  there  laid  was  a  compassing  of 
the  king's  death,  anno  3  £d.  4.  The  case  of 
Thomas  Burdett,  in  17  £d.  4,  as  at  large  it  ap- 
pears in  the  s^me  report  of  Cro.  Car.  amounts 
to  no  more  than  the  mdictment  in  question,  viz. 
that  he  compassed  the  king's  death  ;  and  to  ac- 
accomplish  that  intention,  he  did  disperse  di- 
Terse  writings,  &c.  ad  intentionfm  that  the  peo*^ 
pie  should  nse  and  levy  war,  Sec,  the  judg- 
ment in  that  case,  drawing,  hanging  and  quar- 
tering. The  like  in  Collingboume's  case,  2 
Rich.  3,  in  the  same  Rep.  192j  where  he  is  in- 
dicted in  like  manner,  for  exciting  and  moving 
the  people  to  an  insurrection  and  war,  and  lie 
incurred  the  like  judgment ;  which  cases  are 
infinitely  short  ot  this  in  question :  and  it  can- 
not but  he  wondered  that  an  y  man,  who  has  read 
them,  should  question,  whether  a  consulting  and 
conspiring  about  risings  and  an  actual  agree- 
ment and  determination  to  rise,  be  an  overt  act 
-of  compassing  thie  king's  death.  In  the  very 
trial  of  the  lord  Stafford  it  is  affirmed  by  sir 
William  Jones,  (who  was  certainly  of  great  au- 
thority with  the  author)  that  the  meeting  and 
consulting  together  is  an  overt  act,  though  the 
thhig  agreed  on  be  never  put  in  execution  ;  and 
it  is  mere  resolved  by  the  judges,  that  the  same 
treason  may  be  proved  by  two  witnesses  to  se- 
veral overt  acts,  though  one  speak  of  words  or 
actions  that  were  spfwen  or  done  at  one  time 
and  place,  and  anotner  sneak  of  words  and  ac- 
tions at  another  time  ana  place,  which  argues, 
that  words,  much  more  a  consult  and  agree- 
ment, may  make  an  overt  act.  Even  in  the 
case  of  Stephen  Colledge,  in  which  though  the 
trial  hadbeen  censured, yettheindictmentnever 
was,  and  in  that  indictment  the  treason  is  laid 
as  in  this  case,  that  he  traitorously  imagined  and 
compassed  the  king  to  depose,  kill  and  destroy  ; 
dieovertactsare,  thathe  armed  himself,  and 
advised  others  to  arm,  and  spoke  several  words, 
^c.  Here  was  no  war  levied,  only  a  prepara- 
tion, and  yet  that  was  allowed  an  overt  act : 
and  as  for  the  words,  if  they  are  allowed  to  be 
one,  with  much  more  reason  may  meeting,  and 
consulting,  concluding,  and  agreeing  to  uo. 

As  to  the  objection,  surely  there  is  no  weight 
in  the  first,  which  is  page  10,  that  criticizes 
upon  the  word  *•  fait'  act,  ami  that  it  is  only  a 
meeting  to  agree,  and  an  asfreement  to  do,  but 
it  was  not  done.  Suppose  mey  had  concluded 
and  a^peed  to  poison  or  stab,  Stc.  according  to 
the  opmiott  in  that  page,  this  was  no  treason ; 
lor  it  is  only  agreeing  and  concluding  upon  a 
thing  to  be  done,  but  it  is  not  done.  He  doth 
in  page  13,  argue,  that  this  can  never  be  an 
overt  act  of  compassing  the  kind's  death,  be- 
cause levy  ing  war  is  a  distinct  spcues  of  treason, 
and  a  conspiring  to  levy  war  is  not  a  levying 
war ;  and  even  levying  war  itself  cannot  be  as- 
signed as  an  overt  act  of  compassing,  unless 
ihe  indictment  were  particularly  for  that;  but 


surely  another  sort  of  act  that  savours  of  ano- 
ther species  of  treason,  if  it  naturally  conduce 
to,  the  accomplishing  of  the  first  sjpeoies,  viz. 
that  of  compassing,  it  may  be  assigned  as  an 
overt  act  of  it ;  and  sir  Henry  Vane's  case  is 

Suite  otherwise ;  for  there  a  levying  war  was 
le  overt  act  alled^ed  of  the  compassing,  and 
allowed  by  all  the  judges ;  and  all  the  indict- 
ments in  the  west  upon  Monmouth's  rebellioD 
were  so,  and  yet  drawn  by  very  good  advice  ; 
besides,  what  answer  can  be  given  to  the  cases 
which  I  have  cited,  where  consults,  conspi- 
racies, practices,  advices,  letters,  persuasions, 
and  other  motives  and  preparatives  to  an  insur- 
rection, have  been  held  overt  acts  of  an  imagm- 
ation  of  the  king's  death,  though  no  war  was 
levied,  though  no  insurrection  was  made  ? 

It  is  apparent  firora  what  was  said  before, 
that  to  take  Uie  kin^  prisoner,  or  to  seize  bis 
person,  is  a  compassing  of  his  death ;  and  if  sq, 
tben  to  sit  in  council  to  conspire  the  eifectin^ 
of  that,  is  an  overt  act  of  compassing  the  king's 
death;  and  this  case  amounts  to  that :  Here 
was  a  consultation  to  seize  upon  the  kiiM^'s 
guards,  which  could  tend  to  nothing  but  me 
seizing  of  his  person;  and  then  the  conse>- 
()uence  is  plain.  The  author  says,  page  14,  if 
it  had  but  oeen  alledged  in  the  indictment,  that 
in  pursuance  of  the  consult  and  agreement, 
there  had  been  a  view  of  the  guards,  and  a  re- 
port made,  that  the  thing  w£is  feasible,  this 
would  have  been  more  to  the  purpose.  How 
much  more,  no  man  can  tell ;  tor  every  objec- 
tion in  the  book  would  have  been  as  good  against 
tliat  as  this.  Tlie  great  objection  he  seems  to 
rely  on,  is.  That  uie  law  takes  no  notice,  of 
them  :  For  once  I  will  snppose  that  it  doth  not» 
and  then  let  us  observe  if  any  argument  can  bo 
drawn  from  thence:  Perhaps  the  thing  was 
not  used  or  known  when  the  25  Ed.  3  was 
made.  Can  nothing  be  treason,  if  the  |^ot  laid 
to  accomplish  it  be  concerning  a  thing  not  in 
esse  at  thestime  of  the  statute  ?  Certainly  ii 
may.  If  several  malcontents  should  consult, 
and  agree,  and  premure  (in  order  to  an  insur- 
rection) to  seize  the  Tower,  Portsmouth,  Hull, 
and  Pl^nnouth  fort,  would  not  this  he  an  overt 
act  of  treason  P  And  yet  our  law  takes  no  no- 
tice of  any  garrisons  thei'e  or  any  where  else  ; 
they  have  no  relation  to  the  militia,  nor  were 
there  any  arms  in  those  places  in  £d.  5  his 
time,  that  we  read  of  in  our  law-books:  If  this 
be  otherwise,  why  did  not  the  author  find  finuH 
with  Rouse's  indictment,  which  was  tried  much 
at  the  same  time  with  this  in  question?  Sup* 
pose  all  the  gentlemen  pensioners,  grooms  of 
the  stole,  gentlemen  of  the  bed-chamber,  and 
the  like,  killed  in  the  night,  and  the  doors  in 
Whitehall  broken  up,  and  all  the  swords,  mus- 
kets and  pistols  were  taken  away,  and  yet  it 
happened  that  the  kmg's  person  was  len  un- 
touched ;  would  this  be  an  act  of  burglary  %nd 
murder  only  ?  We  have  no  law-hooks  that  taike 
notice  of  arms  at  Whitehall,  or  such  names  as 
those  servants  go  by ;  and  suppose,  at  the 
same  time,  upon  the  consnlt,  that  the  conspira- 
tors did  move,  discourse,  debate,  and  conclude 


iss]  CTATE  TRIALS,  36  Chaklm  It*  iG^.^/n-  High  freoi^m.  [75i 


of  an  insurrection,  wonid  it  not  then  be  trea- 
son ?  If  not,  nothing  can  be  so,  unless  the 
ling's  person  be  murdered  or  seized ;  and  tlie 
statute  should  not  have  said  compass  or  ima- 
gine, but  seize  or  kill,  &c. .  It  su^ces'then, 
Uiat  the  guards  are  in  common  understanding^ 
known  to  be  used  and  employed  for  the  attend- 
ance upon,  and  preserration  of  his  person.  If 
conmion  sense  and  reason  be  judge,  no' man 
can  think  but  that  he  who  intended  to  move  an 
ins&rrection,  and  seize  the  guards ;  had  a  fur- 
ther design  upon  the  king^s,  person :  and  then 
this  is  treason  ;  if  othcr\n8e,  the  king  of  Eng- 
land is  in  a  worse  condition  than  the  worst  and 
meanest  of  his  subjects ;  for  a  king  must  not, 
oannot,  in  or  by  our  law,  assault,  strike,  seize, 
attack,  or  imprison  in  person,  and  consequently 
'Cannot  defend  himself;  and  shall  not  his  ser- 
vants, guards  and  attendants,  (which  are  all  of 
the  same  nature)  wear  fk  sword,  or  carry  a 
masket,  before  him  ?  If  they  do  so,  is  it  not 
ifaen  known  that  they  do  it  ?  If  it  be  commonly 
known  to  be  so,  doth  not  he  that  seizes  and  de- 
stroys those  attendants,  endanger  the  king's 
ferson  ?  And  if  that  be  so,  the  inference  is  easy, 
t  can  never  be,  it  will  never  be  allovred  for 
law,  that  a  seizing  all  the  king's  guards  is  only 
a  breach  of  the  peace,  unless  we  renounce  the 
law,  and  will  judge  more  by  inclinations  and 
part vships  than  by  reason  and  precedents.  As 
to  the  distinctions  between  an  actual  seizing 
tbeni,  and  a  consult  and  asn^ement  to  seize 
them,  what  I  have  urged  before  overtlu*ows  it, 
and  what  the  author  says  doth  not  maintain  it;^ 
^or  both  have  a  tendency  to  the  execution  of 
the  treason  intended. 

I  will  not  take  the  pains  ts  remark  upon  all 
the  inconsistencies  of  the  concessions  and  de- 
nials in  the  book;  they  are  obvious  to  the 
readers.  As  to  his  quan*el  at  the  king's  guards 
as  an  illegal  thing,  and  terrible  to  the  people, 
somewhat  of  the  French  growth,  I  hope  the 
king  will  always  preserve  them  for  his  own  per  - 
'sonal  preservation,  notwithstanding  the  author's 
Opinion.  As  to  his  temporary  laws,  which  de- 
dare  words  treason,  most  part  of  them  were 
afiirmatiTe  of  the  old  law,  and  were  made  only 
in  compliment  to  a  new-crowned  head,  when 
they  prohibited  nothing  but  what  was  before 
so;  and  for  the  rest,  no  conclusion  could  be 
made  from  them  for  the  maintainance  of  his 
Assertion,  if -he  had  repeated  them;  which 
sinc^  he  does  not,  nor  will  I. 

As  to  the  cases  cited  by  the  author  of  the  An- 
tidote, Twhich  I  have  mentioned)  he  agrees  to 
Constable's  case,  but  does  not  distinguish  it  in 
its  reason  from  that  in  dispute.  He  denies  the 
^luthortty  and  law  of  Dr.  Story's  case,  which 
nobody  ever  denied  before  him.  He  says,  that 
in  the  lord  Cobham's  case  there  were  people 
assembled,  but  gives  not  any  answer  to  what 
the  Antidote  affirmed,  viz.  That  the  overt  act 
taken  notice  of  in  the  little  boqk,  called,  the 
Plea^  of  the  Crown,  was  only  the  conspiring  to 
make  an  insurrection.  He  doth  confess,  that 
in  the  lord  Grey's  case  there  was  only  a  con- 
spiracy :  He  says,  that  in  sir  fleory  Vane's  and 

VOL,  IX,      . 


Plunket's  case,  there  were  several  other  ingre« 
dients  to  mount  them  to  treason ;  hut  what 
they  were,  nobody  most  learti,  at  least  not 
from  th^  author,  for  he  names  none  of  thein. 

He  consumes  half  a  page  in  an  encomiuni 
upon  the  judiciousness  of  that  court,  which 
made  a  conscientious  legal  scruple,  whether 
the  murder  of  a  mistress  by  her  servant  were 
petit  treason,  by  reason  of  the  difference  of  hei' 
gender.^  But  at  last  he  tells  us,  that  the  judges 
of  the  Common  Pleas  did  upon  much  detibera-< 
tion  satisfy  those  of  the  Ling's- bench,  that 
master  and  mistress  were  in  effect  but  one. 

In  the  conclusion  of  the  first  letter,  he  Say^, 
that  conspiring  t^ainst  the  king's  person,  is 
most  justly  taken  to  be  to  conspire  again$t  the 
king's  life ;  but  in  the  book  he  will  not  allow  a 
conspiring  and  agreeing  to  seize  (i.  e.  beat  and 
destroy)  the  guards,  which  are  ordinarily  and 
commonly  known  to  attend  the  kin^^'s  person, 
to  be  a  conspiring  against  hU  person ;  which 
whether  it  be  oruot^  the  next  trial  of  this  na- 
ture  will  determine.  Now,  after  all,  what  can 
be  a  greater  reflection  upon  the  learning,  judg<*> 
ment  and  integrity  ofthe king's  counsel,  judges 
and  recorder,  thaii  to  .declare  and  publish  in 
print,  that  the  first  prosecuted,  the  second  tried, 
and  the  last  condemned,  a  gentleman  as  a  trai« 
tor,  when  the  charge  had  nothing  in  it  of  that 
nature :  If  true,  the  hare  printing  it  is  unbe- 
coming the .But  as  for  their  reputations, 

let  them  justify  themselves.  The  reason  of  my 
undertaking  to  explode  such'a  reflection,  w^ 
my  own  and  every  man's  duty  to  the  present 
government,  (the  kiug  and  queen's  majesties 
being  both  concerned,  and  eminently  too,  in' 
the  consequence  of  such  doctrines)  and  a  love 
to  my  countrymen,  that  they  may  not  presume 
upon  the  authority  of  sucn  a  defence ;  for  if 
they  do,  they  may  find  their  mistake,  when 
noosed  through  tue  power  of  truth,  tlie  con-> 
trary  opinion. 

As  to  the  proof,  I  will  not  rake  into*  it,  since 
the  author  hath  represented  too  much  of  it^ 
strength,  and  *  De  mortuis  nil  nisi  bonum  ;'  it 
can  never  be  thought  a  grateful  province  to  de- 
bate or  convince  of  guilt ;  but  yet  I  may  say  so 
much,  that  there  was  evidence  enough  to  jus- 
iify  All  concerned  in  the  prosecution  and  trial, 
though  for  several  reasons  the  attainder  is  fit  to 
be  reversed ;  but  hardly  for  those  which  this 
author  mentions. 

Since  the  writing  of  this  sheet,  there  c^me 
to  my  hands  a  treatise, -calling  itself.  The  Lord 
Russell's  Case,  whit;^  savours  more  of  policy 
than  law,  and  his  topics  are  the  rights  of  the 
people  and  power  of  parliaments ;  they  argue 
the  author  to  be  a  greater  statesman  than  law- 
yer, and  therefore  much  too  great  for  me  to 
encounter ;  and  a  debate  concerning  the  heads 
he  insists  on  is  neither  safe  nor  allowable  with- 
out doors.  I  shall  make  but  three  remarks  oo 
what  he  says:  First,  he  may  assure  himself, 
that  that  power  from  which  he  argues  his  hw, 
is  DOW  apparently^  lodged  in  the  sommonalty, 
not  in  the  nobUity.  Secondly,  the  king's  soli- 
citor (whom  he  reflects  on)  twittered  more  rea- 

3C 


fs5]  STATfi  TRIALS,  35  Chaklbs  11.  iS^S^THalof  mUim  Lord  tbuuU,  [756 


<» 


80a  and  law  than  yet  badi  been  or  eve(  v3l  be 
answered :  And  tnirdly,  the  mdicttbent  con- 
tained DO  new  constructiye  treason,  but  only 
that  which  wasplainly  and  directly  declared  in 
and  by  the  35  Efdw.  3,  if  the  letters  of  it  make 
words,  and  the  words  sense,  and  one  man  may 
be  allowed  able  to  read  them  as  well  as  ano- 
ther. 

Since  the  writing  of  the  last  parampb,  there 
came  to  my  bands  another  |iampmet,  'i^itten 


by  anewobsenrator;  bat  I  suppose  the  Judges 
that  iiiall  be,  will  correct  that  sort  of  licenti- 
ousness which' be  sssames  in  his  remarks; 
which  if  tbey  do  not,  tfae;^  will  have  fine  easy 
places  on  it,  as  wdl  as  their  predecessors,  and 
mudi  good  may  it  do  them ! 


JStas  parentnm  pejor  aria  tnlit 
Nos  ne^uiores,  mox  datnros 
Progeniem  litiosiorem. 


HOTSt* 


A  Second  Vindication  opn^HE  Magistracy  and  Government 
;    'oFl£NGtAND|  by  way  of  Answer  to  the  several  Replies,  &c. 

IT  is  fery  Qbserrable,  that  since  tf^e  bte 
MTOlttUon,  nothing  hath  rooi^e  disturbed  our 
peace  'than  the  Jiberty  of  the  press;  and 
amongst  all  our  new  prints,  the  most  malignant 
and  mischievous  libels  on  the  present  gorern- 
ment  have  been  written  by  those  lawyers  who 
pretend  themselves  the  greatest  zealots  for  its 
^onour  and  service ;  whicti  may  be  suspected 
as  false,  unless  it  be  withal  considerea,  that 
come  modern  royalists  have  nothing  recoro- 
ihendatory  of  themselves,  but  the  miscarriages 
of  others ;  and  others  of  them  have  such  great 
ones  of  their  own,  that  an  extenuation  or  ex- 
cuse is  impossible  \  and  therefore  to  cloud  their 
dwa  deformities,  they  would  blacken ,  other 
men's  reputations;  and,  in  qrder  to  it,  tbey 
hav&  censured  innocence,  and  arraigned  laws ; 
and  where  a  slip  or  fault  hath  been,  though  so 
smaU  ^  scarcely  to  deserve  the  name  of  one, 
tiiey  have  magnified  it  into  an  execrable  vil- 
lainy ;  And  for  a  colour  of  such  their  calumny 
and  slander,  tbey  have  vented  new  gospel  and 
law  both ;  nay  tbey  have  broached  such  notions 
to  the  world,  as  are  directly  fatal  to  that  crown 
of  which  tbey  boast  themselves  the  makers 
ilpd  supporters;  and  yet,  in  doing  so,  they 
pretend  to  merit- 


It  is  strange  but  true;  for  the  fact  is  plain, 
■Did  the  consequence  too :  Upon  the  present 
change,  the  republicatis  pf  both  gowns  did 
oeem  it  their  nolicy  and  interest  to  bespa^r 
and  reproach  other  men's  actions,  and,  like  base 
and  me^n  spirits,  gave  ill  names  aqd  words  to 
every  thing  in  ^hich  themselves  had  not  been 
concerned,  and  made  reviling  so  customary, 
that  it  is  become  the  modish  sin  of  the  age. 
It  is  most  certain,  the  old  English  honour, 


frankness,  ingetiuity  and  good- nature  is  quite 
abandoned  from  some  companies  and  places  in 
the  town,  and  instead  or  folly,  we  nave  as- 
sumed vice  in  our  common  conversation ;  in- 
stead of  drollery  and  banter,  the  new-fashioned 

>vit  at 's ,  allows  nothing  as  acceptable  but 

lying  and  slander;  nay,  Uie  very  spark  of  a 
courtier  bath  changed  fiis  note ;  whereas  ful- 
some, gross  and  false  flattery  was  wont  to  be 
his  talent,  he  is  now  got  to  the  other  extreme, 
I.  e.  revengeful,  weak  and  false  characters, 
both  of  persons  and  actions :  Which  is  the  worst 
is  difficult  to  determine,  but  falshood  is  the  most 
jiredominaat  humoiv  in  both,  and  that  age  is 


surely  unhappy,  which  is  plagued  with  a  surfeil 
of  either,  especially  when  tbie  excess  is  'so  great 
as  now,  that  no  gentleman  can  be  thought  a 
good  companion,  no  clergyman  a  true  Pro- 
testant, no  lawyer  an  honest  Englishman,  do 
courtier  d  faithfcd  servant,  unless  he  can  and 
do  rail,  and  snarl,  and  scold,  and  that  at  things 
that  were  justly  used  in  former  times,  and 
must  necessarily  be  used  in  these  times,  and 
win  be  so  in  ail  times  whatsoever,  even  in 
Secula  Secfihrum :  These  little  stingfing  ani- 
mals do  value  themselves  upon  their  honesty, 
because  they  find  faults,  but  it  is  in  cases  where 
no  eye  can  spy  tliem,  but  their  own ;  they 
value  themselves  upon  their  wit,  because  their 
censures  are  sharp  and  biting ;  but  that  is  so 
easy,  so  very  easy  a  province,  that  naturs 
teaches  even  the  rudest  of  her  breed  to  be 
satirical,  and  die  natural  oftentimes  outdoes  the 
pretended  scholar  in  ribaldry,  and  hath  per- 
naps  a  better  faculty  that  way,  than  fancy  fox 
picquancy  of  reflection. 

Now  as  the  fact  is  thus  criminal  and  ridiea- 
lous  both,  so  roust  the  consequence  prore  fatal 
to  the  government,  which  they  would  be 
thought  (but  intend  not)  to  support ;  for  when. 
once  resolved  to  arraign  all  paist  proceeding, 
they  are  forced,  for  the  maintenance  of  such 
their  reflections,  to  vent  those  opinions,  doc- 
trines, and  rulai  in  divinity  and  law,  whidi 
have  in  every  age  (save one)  been  justly  ex- 
ploded, as  destructive  to  the  honour  and  bein^ 
of  tlie  then  possessors  of  the  crown ;  and  caa 
conduce  to  no  other  end  than  the  utter  subver  • 
sion  of  this,  and  every  other  government,  that 
doth  but  smell  of  a  monarchy. 

It  cannot  be  denied,  but  in  most  reigns  there 
have  been  some  occasions  g^ven  f<;>r  disgust  to 
the   peopicf,  that  kings  have  borne  too  har4 
upon  their  subjects,    that  the  subjects  have 
worthily   complained    of  some   warps  from 
the  law;   but  no  man  ever  with  sense  nre- 
tended,  that  this  is  a  reason  to  induce  a  belief; 
that  every  act  of  state,  and  every  judgment  of 
law  in  former  times,  was  arbitrary  "and  un- 
waiTantable :  No  surely,  the  publishers  of  such 
reflections  are  of  another  thought  themselves^ 
and  some  folks  imagine,  they  who  formerly 
were  en^ged  in  seditious  practices  against  th« 
crown,  would  now,  upon  the  present  occasion, 
explode  that  law,  if  hich  doth  condemn  suck 


7S7] 


STAtE  TRIALS,  35  ChabusIL  l6SS.^for  BigkTre4mm.  .    ^  [7&$ 


practices,  that  they  may  with  impniiity  re- 
|ieat  them,  whensoerer  the  king*  or  bis  mmisters 
shall  chaDce  to  disoblige  them,  and  thatlhis  is 
th^  trae  reason  of  hm  t|ie^ew  libels  and  iq- 
tectives  upon  past  proceedings. 

It  is  now  apparent  to  all  mankind,  that  every 
line,  or  at  least  pag^e,  of  some  men's  wor^, 
are  designed  only  as  a  courtship  to  the  mob,  by 
bridling  the  sovereignty,  and  clippinff  £he  pre-^ 
rogative,  even  to  such  a  degree,  as  doth  alMK>- 
lutely  deprive  it  of  those  ri^rhts,  powers,  and 
authorities,  which  the  ancient  law,  continued 
usage,  and  our  present  represeniatives,  consent 
to  allow  it 

To  check  this  growing  itch  bf  pamphleting 
the  nation  into  another  change,  and  to  vindi- 
csate  the  rights  of  the  crown,  and  justify  the 
magistracy  of  England,  irom  the  oblbquy 
"which  was  industriously  thrown  on  it  in  one 
particular,  there  was,  three  months  since,  a 
sheet  printed  and  published,  at  which  som^ 
men  took  offence ;  but  others  were  of  opinion, 
that  its  publication  was  seasonable  ana  well- 
timed;  tnat  its  reflections  on  the  trifling  de* 
fence,  which  it  assumed  to  answer,  were  just 
and  smooth,  and  very  soft,  considering  the  oc- 
casion given  for  a  more  satirical  sty  le,  from  the 
fondness  and  incoherence  of  the  defender''s  ex- 
pressions and  inferences ;  and  that  the  mode 
of  managing  his  argument  was  modest  and 
tender,  with  a  decent  and  due  regard  to  the 
memory  of  the  unfortunate  deceased,  which 
bad  simered  more  than  enough  of  injury  by 
that  pretended  justification. 

A  cholerick  and  sedulous  inquiry  hath  been 
made  af)er  the  author's  name ;  but  the  inqui- 
sitor is  still  at  a  loss,  notwithstanding  his  con- 
fidence of  a  certain  knowledge  who  it  was, 
ihat  came  behind  and  scruck  him,  <&c.    But  to 

g've  liim  some  satisfaction,  aiter  all  his  fatigue 
searching,  I  will  ascertain  who  it  was  not  ^ 
lie  may  assure  himself,  that  nOoe  concerned  m 
that  trial  were  concerned  or  privy  to  its  vindi- 
cation ;  and  when  it  was  composed  and  writ, 
the  parfv  intended  it  chiefly  for  his  own  and 
the  world's  diversion,  from  the  img^rateful  ne- 
cesnty  of  readina^  always  on  one  side,  by  the 
interposal  of  a  &w  lines  on  the  other ;  that 
our  namours  might  not  be  quite  soured,  and 
our  genius  torn  too  peevish,  througii  the  in- 
^neoce  of  satire  and  libel,  vrith  which  the 
world  bath  too  much  abounded  of  kite  years ; 
nor  had  there  been  one  word  more  puolished 
upon  that  stibJMC»  but  that  the  authonty  of  the 
defender  doth  challenge  a  vindieation,  and  the 
word  of  a  priest  says,  that  it  needs  one ;  both 
iball  have  a^  answer  presently. 

But,  first,  It  is  remarkable,  that  thib  new 
r^Iy  hath  got  a  ficence,  when  node  of  his 
otner  elaborate  works  could  procure  OQe ;  bow- 
ever,  it  is  possible,  that  the  licenvMr  may  here- 
after renounce  or  retract  bis  allowanee  in  this 
case,  as  be  hatfa  done  in  several  01661*8  already^ 
when  his  snperiors  are  acquainted  with  th^  conr 
tents  and  leodeodes  of  that  to  which  he  hath 
fprea  his  hiprinuUuri  for  it  ia  not  t6  be  sup- 
posed, that  miaiatm  of  itafa  Wilt  efer  be  ao 


incurious  of  their  master's  bonoar,  and  the 
rights  of  his  crown,  as  to  approTs  their  dimi* 
nation,  irhen  once  they  perceive  it. 

The  single  point  which  the  advocate  fin:  ma- 
gistracy assumed  to  maintain,  was,  that  the  in- 
dictment in  Question  was  legal  and  good,  suf^ 
ficient  both  tor  matter  and  form,  ano^dld  war- 
rant the  judgment  which  was  pronounced  upoA 
the  vodict  that  affirmed  its  truth ;  this  seems 
tiie  principal  assertion  in  tli^t  pa^,  which, 
whether  his  precedents  and  authorities,  argu- 
ments and  reasons,  are  sufficidit  to  prove,  the 
reiser  must  judee";  that  the  cases  he  cites, 
ar^  trtdy  reportecf  for  so  much  aS  be  uses  ^eva, 
note  can  deny ;  and  that  the  taw  is  iidth  tbem 
upon  the  whole  matter,  ^hall  be  fartber  evinced. 
But  since  Aat  shtet  hath  made  sonfe'  noi^e 
amongst  aogry  men,  ^whichVas  Kttle  expect- 
ed by  him  that  wrote  it)  it  will  not,  I  hope,  be 
thought  impertinent  to  spend  a  i^w  paragraphs 
upon  the  boisterous  &nd  blustering  invectives 
and  remarks  made  against  its  author,  in  a  pre* 
tended  ^ply.  In  hni  vindication,  therefore,  I 
shall  observe  the  tetnper,  the  wit,  the  guess, 
the  reason,  the  religion,  and  lastly,  the  law,  of 
that  replication. 

As  to  the  temper,  H  seems  to  be  writ  uudet 
some  disappointment ;  for  the  author  doth  in 
every  sentence  declare  his^passion,  and  plainly 
ifclls  us,  that  be  was  then  discomposed ;  but 
whether  his  displeasure  were-  conceived  at  a 
past  or  present  chief,  is  not  so  easy  to  deter- 
mine: to  expose  his  fury,  it  is  enough  to  repeat 
his  q>ithets  of  daring,  bold,  impudent,  pre- 
sumptuous, base,  ingenerous,  insolent,  6€C,  and 
all  liiis  despised  by  bis  routed  authorj  and 
smiled  at  by  the  real  one.  He  is  pleased  t^ 
call  the  sentence  and  execution  a  plain  murder  ^ 
which  if  so,  sure  I  am,  that  he  is  bound  in 
conscience  to  prosecute  an  indictment  against 
the  judges,  the  recorder,  the  grand  an^petk 
jury,  tne  witnesses,  the  clerks,  the  solicitors, 
the  ffaol^,  the  sfaerifl^,  and  the  executioner ; 
for  ihey  were  all  concerned  either  as  accessO; 
ries,  or  prmcipals,  and  dieinerit  a  baiter,  if  the 
repliant's  opinion  be  law :'  but  it  is  observed 
amongst  honest  men,  that  none  of  these  parties 
shew  any  fear  on't ;  and  the  reason  they  five 
fi>r  it  is,  because  the  jmlictment  was  as  good  as 
their  jurisdiction,  and  the  concurrence  of  those 
tM^o  makes  them  as  safe  as  an  act  of  indemnity 
can  do ;  but  all  this  was  passion. 

As  to  the  wit  on*t,  most  of  ht^  renders  are  at 
a  loss  where  to  find  it,  unless  it  be  in  his  Eng- 
lish verses,  which  do  so  hit  the  sense  of  the 
oriflpnal,  and  contain  such  strong  and  pr^ant 
flights  of  English  poetry,  that  some  of  his 
readers  have  compared  tbem  even  with  8tem'- 
hold  and  Hopkins ;  and  others  are  of  opinton, 
that  they  do  not  come  short  of  the  essays  of 
the  two  Uray*s-Inn  poets,  one  of  which  trans- 
lated '  Grotius,  He  Veritaie  Christianee  KeW- 
gionis,'  and  the  other  Coke  upon  (jttleton, 
mto  rhyme  ;  but  the  generality  di»  declare,  that 
for  height  of  fkocv,  propriety  of  English  and 
esQictness  of  rhyme,  be  hatn  much  out-done 
all  those;  but  m  my  part,  I  bdiiev^,  that  last 


759]  STATE  TRIALS,  35  Charles  1!.  l683.— Trwi/  of  WiUi^  Lord  RuMsell,  [7S0 


rhapsody  was  added,  not  so  much  for  the  in- 
ffeny  sake,  as  to  ipenace  the  answerer  with  a 
design  to  sacrifice  him  whensoever  an  occasion 
should  offer  itself,  and  consequently  to  do  what 
the  whol^  book  complains  of;  hut  that  advo- 
cate is  not  ab  much  a  coward  as  to  be  afraid 
©n't. 

As  for  the  guess,  it  is  very  cunning,  and 
argues  more  figure-knowledge  than  true  judg- 
inent  in  styles,  modes,  dialects,  or  peculian- 
lies  of  speech  or  writing ;  for  he  will  have  the 
author  of  that  sheet  to  be  the  author  of  the 
Antidote,  though  be  never  saw  it  till  lie  had 
the  misfoi tune  to  have  read  the  Defence;  and 
his  particular  idioms  are  as  different  from  those 
of  the  ^Antidote,  as  they  are  from  those  of  the 
Defence ;  but  this  is  all  guess.  He  will  have 
it  one  of  the  counsel  of  that  trial,  because  he 
hath  put  counsel  t>efore  court :  a  cunning  man 
would  have  guessed  the  contrary,  as  supposing 
k  doaefaUendi  graiiuy  for  the  sake  of  disguise ; 
but  be^  may  be  assured  it  was  mere  accident, 
that  occasioned  that  fault  He  will  have  it  to 
be  the  then  Solicitor,  because  of  his  reputation, 
which  is  sunposed  to  be  touched  in  tnat  De- 
fence I  but  his  readers  think,  that  that  gentle- 
Xnaa's  figure  for  learning,  honour,  and  virtue, 
18  90  far  above  the  reach  of  a  little  pamphlet, 
that  all  the  virulent  reproaches  of  tne  Kep^ 
•annot  sully  it,  nor  is  it  in  the  power  of  nis 
tongue  or  pen  to  prejudice  his  character  in  the 
world ;  but  however,  it  is  prudent  to  suppose  to 
myself  an  eminent  adversary,  that  if  a  foil  be 
my  fortune,  it  may  be  the  easier. 

fiat  since  we  are  at  guessing;  the  world 
guesses,  that  he  who  wrote  the  Reply,  did 
write  the  haU-sheet called  the  Justification; 
fmd  it  is  reallv  sportive  to  rea4  the  justifier 
commending  the  defender  for  a  lekmed  worthy 
person  ;  and  the  repliant  doing  the  same  good 
uffice  for  the  justifier,  and  almost  in  the  same 
words  commended  him:  nay,  he  spends  a 
whole  page  in  the  fulsome  praises  upon  that 
^  small  buB(  author,'  and  rejoices  that  the  work 
was  done  this  hands,  which  is  a  very  pretty 
jest.  However,  it  is  at  most  but  R.  for  A.  and 
A.  for  R.  and  R.  A.  still,  which  is  much  better 
than  the  contrary  practice,  of  which  some  au- 
th9Ta  have  been  guilty. 

M  to  the  reasoning  part,  the  reader  must 
excuse  my  brevity ;  tor  in  truth  there  is  very 
Jiiltle  in  it  of  th^t  nature;  however,  a  few  re- 
marks may  quicken  and  revive  that  faculty 
Jigainst  the  next  turn.  The  advocate  owns  it 
|o  be  writ  in  answer  to  his  Defence,  ergo  it  re- 
jects upon  the  nation's  wisdom.'  He  expresses 
a  resentment  at  my  lord  Russell's  engaging  in 
jiuch  a  weak  and  crimin;ed  enterprize,  ergo  he 
reflects  upon  the  nation's  justice.  He  names 
.the  lord-Russell,  (thvugh  with  the  most  ten- 
der appellations  that  could  be  used)  ergo  he 
reflect?  on  that  lord's  memory.  He  vindicates 
the  indictment  as  good,  ergo  be  justifies  all  the 
proceeding's  in  that  case.  He  argues,  that  the 
sentence  was  legal  upon  such  a  verdict,  ergo  is 
jigainst  the  reversal.  *  He  puts  a  case,  offers 
a  point,  and  loaket  a  proof  on't,  ergo  he  is 

1 


trancfcendently  impudent.     These  and  snch- 
like,  are  the  inferences,  and  do  demerit  a  laugh. 

As  to  religion,  I  see  none  in  it,  unless  it  be 
in  the  mention  oT  the  devilish  powder  plot, 
which  is  still  as  much  to  the  purpose  or  his 
Reply,  as  the  story  of  transmigration  of  souls 
was  to  that  of  his  Defence ;  only  meekness  is 
transparent  in  his  style,  humility  in  the  title- 
page,  and  true  chiistian  charity  in  his  menaces 
of  an  exception  out  of  the  act  of  indemnity, 
which  he  repeats  three  or  lour  times  at  least, 
as  if  his  whole  interest  were  designed  to  pro- 
mote it.  The  gentleman's  danger  is  from  pub- 
lic and  scandalous  actinei^  in  tlie  eye  or  the 
world ;  which  were  (says  ne)  bbboring  to  sup- 
port the  government,  every  man  knows  what 
sort ;  lashing  the  innocent  with  a  bitter  and 
sharp  tongue,  and  inveigling  of  juries  with 
rhetorical  flourishes.  Now  to  examine  a  little 
these  three  monstroik  transgressions,  let  as  go 
backwai'ds.'  As  to  the  last,  a  duty  can  never 
be  a  crime ;  every  servant  owes  truth  to  his 
master,  while  such ;  every  advocate  is  to  do  his 
utmost,  and  a  failure  in  it  nad  deserved  both  the 
worst  of  names  and  punishment,  which  the  re- 
pliant could  invent,  or  his  interest  procure. 
For  all  mankind  must  agree,  that  tne  now 
servants  of  the  present  crown  are  obliged  to  do 
the  like  upon  the  like  occasion  ;  if  otherwise 
the  Jacobite's  side  will  be  tlie  safest.  I  will  not 
reflect  on  the  weakness  of  the  juries  that  were 
thus  inveigled,  if  any  such  there  were ;  but 
rather  suppose,  that  the  oaths  of  witnesses,  not 
the  pleading  of  counsel,  did  govern  th^r  con- 
sciences. As  to  the  second,  that  is  fiilse,  and 
needs  no  other  answer.  As  to  the  first,  that 
gentleman's  honour  and  merit  afterwards  is  as 
remarkable  as  his  fault  at  first,  if  it  were  any ; 
but  however  he  is  likely  to  have  abundance  of 
company,  in  desert  at  least,  if  not  b  censure; 
for  a  duke  of  York's  creature  is  certainly  as 
culpable  as  a  king  James's  servant.  And  An- 
drew Marvel's  characters  in  his  Growth  of  Po- 
pery, will  be  as  true  a  directory  to  decypher 
criminals,  as  the  four  volumes  of  noted  tnak. 
And'perhaps,  if  the  ordinance  of  Afay  10, 1650, 
should  chance  to  be  revived,  danger  and  fear 
may  seize  other  men,  as  well  as  thase  that 
served pastj^remments ;  it  is  therefore  thought 
advisable  for  all  to  sit  down  quiet,  and  forgi^ 
and  foi^et  what  is  past,  but  serve  God  and  their 
majesties  for  the  future,  and  not  belabour  the 
excepting  one  another ;  for  if  any  should  he 
such  fools,  the  khaves  will  get  the  better  of  it, 
and  the  righteous  scarcely  be  saved.  So  much 
for  religion. 

Now  for  the  law,  if  we  can  find  it :  But  be- 
cause the  defender  seems  somewhat  displeased 
at  the  repetition  of  that  unhappy  lord's  name, 
whose  case  gives  oi^casion  for  the  present  ques- 
tion ;  let  us  therefore  put  it  like  mooters ;  John 
a  Styles  was  indicted,  for  that  he,  at  such  a 
time  and  place,  did  compass  to  deprive  his  na- 
tural lord  and  king  "^  that  then  was,  of  his  re- 
gal state,  and  to  destroy  his  life,  and  to  subvert 
the  government,  and  raise  a  rebellion  ;  and  to 
Hdnl  that  imagination,  be,  together  with  other* 


76i] 


STATE  TRIALS,  35  Charles  II.  l683-— /or  High  Tnawn..         [762 


ilid  then  and  there  consult  and  agree  to  raise  a 
rt:bellion  agamst  the  said  king,  and  to  seize  and 
destroy  the  guards  of  the  said  king's  person, 
contrary  to,  Sec.  The  question  was  not,  whe^ 
titer  J.  S.  was  not  guilty,  nor  if  the  witnesses 
swore  false,  whether  hb  attainder  were  fit  to 
be  reversed;  bat  the  dispute  was,  whether 
that  indictment  was  legal ;  \ihether  supposing 
J.  S.  to  be  found  guilty,  the  court  that  pro- 
nounced the  sentence  of  ftreason  against  uim 
ought  to  have  arrested  such  judgment  on  the 
motion  of  J.  S;  that  the  indictment  was  insuffi- 
cient. The  sheet  argues,  that  the  indictment 
was  good,  and  consequently  the  sentence  pur- 
suant thereto  was  warrantable  by  the  laws  >  of 
this  land.  The  argument  seems  founded  both 
upon  the  reason  ot  things,  and  the  authority  of 
precedents. 

First.  The  reason  alledged  was,  that  the  last 
part,  which  in  lawyers  terms  is  called  an  overt 
act,  was  a  natural  and  genuine  sense  or  deda- 
tation,  or  overt  signifii»tion  of  the  first  part, 
which  is  an  internal  secret  thought,  t.  e.  the 
imagination  and  compassing,  which  is  the  trea- 
son prohibited  and  condemned.  That  the  lat-^ 
ter  directly  and  consequentially  tending  and 
conducing,  in  the  common  seivse  and  reason  of 
all  mankmd,  (excepting  the  defender,  and  two 
or  three  more)  to  the  accomplishment  of  the 
former,  makes  a  good  and  sufficient  charge 
within  the  statut&Edw.  3.  A  repetition  is  tedi- 
ous, and  an  abrid^ent  is  scarcely  possible, 
the  whole  sheet  bemff  but  a  breviate :  I  shall 
therefore  refer  you  mereto. 

Secondly,  the  authorities  there  urged,  are 
either  the  opinions  of  judges  and  other  lawyers, 
or  precedents  of  indictments  of  the  like,  or  the 
same  nature,  from  which  the  legality  of  this 
may  be  justly  concluded :  The  substance  of 
themOn  the  whole  matter  is,  that  overt  acts  to 
depose  the  king,  or  despoil  him  of  his  regal 
office,  or  take  him  by  force  or  strong  hand,  or 
to  imprison  his  person  tiU  he  yields  to  the  dc- 
,  mands  of  those  who  practise  such  endeavours, 
are  sufficient  overt  acts  to  prove  the  compassing 
and  imagination  of  his  death  :  That  levying 
war,  causing  an  insurrection,  promoting  an  in- 
vasion, nay,  that  consults,  conspiracies,  prac- 
tices, advices,  letters,  persuasions,  and  other 
motions  and  preparations  to  an  insurrection  or 
invasion,  though  none  succeed,  have  been  held 
overt  acts  of  imagining  the  king's  death.  I 
will  not  repeat  the  cases,  but  as  occasion  offers 
from  the  other  side. 

The  objections  there  mentioned  and  answer- 
ed from  the  penning  of  tlie  statute  are  too 
trivial  to  deserve  a  remembrance,  nor  would 
they  have  ever  been  thought  otherwise,  but 
that  J.  8.  was  a  noble  person,  and  the  defen< 
der  a  great  man,  and  the  prefacer  thought  so 
too,  either  by  himself  or  others.  These  and 
such-like  ingredients,  have  made  some  sem- 
blance of  difficulty :  And  in  truth,  had  there 
been  a  real  doubt  in  the  case,  the  author  of  the 
i^markJB  on  that  trial,  who  wanted  neither  sense 
nor  will  to  censure  it,  had  his  opinion  so  in- 
dined,  I  say  be  would  certainly  hare  fidlen  foul 


on  it  in  those  invidious,  obser^tions  of  his  upon 
the  late  tunes.  He  quarrels  with  the  legally  of 
the  jurors,  the  defender  with  that  of  the  incuct- 
mdnty  and  both  with  the  evidence.  The  author 
of  the  sheet  differs  from  them  in  the  two  first, 
bat  agrees  with  them  in  the  last,  that  testimony 
delivered  for  fe^  of  life,  or  hopes  of  pardon,  or 
other  reward,  is  hardly  creditable ;  but  that  is 
not  the  point ;  Let  us  see  if  the  repUcatioii 
doth  overthrow  the  charge  as  insufficient ;  and 
for  my  part  Ictnnot  find  a  line  of  argument  in 
it,  but  only  it  is  naught,  because  it  is  naught. 
The  consulting  and  concluding  to  make  an  in- 
sufreccion  and  rebellion,  and  seize  the  king's 
guards,  is  not  a  declaration  of  the  party's  com- 
passing the  king^'s  depusal  or  death ;  and  why  ? 
Because  conspiring  to  levy  war  is  not  a  levying 
war,  and  levymg  war  is  a  dbtinct  treason ;  that 
is  the  substance  of  the  tenth  page,  if  I  can 
I'ead:  The  sheet  said  truly,  that  levying  war 
itself  might  be  alledged  as  an  overt  act  of  com- 
passing, and  hath  been  so  fireqnently,  and  meet- 
mg  and  agreeing  to  rebel  and  seize  the  guards, 
hm  a  direct  temlency  to  promote  a  demise  of 
the  king  either  natural  or  civfl,  and  therefore 
might  as  well  be  alledged  an  overt  act  as  most 
things  whatsoever. 

I  nad  almost  forgot  one  clause,  and  that  is 
the  unnecessariness  of  making  13  Car.  2.    If 
it  should  be  as  the  advocate  aivues ;  I  suppose 
he  means  the  first  paragraph,  tor  the  second  is 
agreed  to  be  introductiveofanewlaw,  &c.  but 
the  first  is  only  a  paraphrase  upon  the  t5  £dw.  3. 
It  is  thus,  *•  Tnat  if  any  person  or  persons 
'  whatsoever  shall,  within  tne  realm  or  without 
compass,imagine,invent,devise,  or  intend  death 
or  destruction,  or  any  bodily  barm*  tending  to 
death  or  destruction,  maim  or  wounding,  im- 
prisonment or  restraint  of  the  person. of  our 
sovereign  lord  the  king,  or  to  deprive  or  de> 
pose  him  from  the  style,  honour  or  kingly 
name  of  the  imperial  crown  of  this  realm, 
or  of  any  other  nis  majesty's  dominions  or 
countries,  or  to  levy  war  against  his  majesty, 
within  this  realm  or  without,  or  to  move  or 
stir  any  foreigner  or  stranger  with  force  to  in- 
vade diis  realm,  or  any  other  bis  niajerty's 
dominions  and  countries  being  under  his  obeis-  < 
anoe;  and  such  com  passings,  imaginations, 
inventions,  devices  or  ^  intentions,  or  any  of 
them,  shall  express,  utter  or  declare  by  any 
printing,  writing,  preaching,  or  malicious  a<{- 
vised  speaking,  being  legally  conricted  there- 
of by  the  cams  of  two  lawful  and  credible 
witnesses  upon  trial,  or  otherwise  convicted 
or  attainted  by  due  course  of  law ;  then  every 
such,  &c.  shall,  &c.'  Now  what  is  this  but  a 
confirmation  of  the  old  statute  in  words  at 
length;  which  was  agreed  to  be  so  in  the 
House  of  Commons,  1  Jac.  9.  When  a  motion 
was  made  to  renew  that  law,  the  lawyers  an- 
swer was,  that  the  25  £dw.  ^.  did  tne  same 
thing ;  and  a  man  may  boldly  say  it,  that  here 
is  notbinjg  declared  treason,  but  what  had  been 
adjudged  so  before,  and  attainders  and  execu- 
tions had  pursuant  to  it :  The  sheet  mentions 
cases  enongh,  and  to  the  pwpose,  though 


7S3]  STATE  TBULS,  S5  Charles Ih  l6B3.^Ttua  of  ittUiamLn^RusHU,  [764 


«ome  think  othermjfle;  but  I  will  not  repeat 

Intbe  ^venth  page  the  reader  ia  referred 
to  the  Justificattoii  in  the  half-aheet ;  and  there- 
fi>re  let  us  examine  that  a  little :  A  third  part  of 
it  is  spent  upon  the  evidence,  but  that  is  not 
within  niy  province,  which  is  odly  to  vindi- 
cate the  Yinoicatioo.  As  to  the  rea^  ,the  force 
of  it,  if  any,  seems  only' to  be  founded  on  his 
first  assertion,  the  conspiring  to  do  a  thing  ia 
not  the  doing  a  thin^;  and  he  quotes  two 
great  men's  names  for  it :  For  I  would  agree 
that  though  he  had  spared  the  authority  to  jus- 
tify it ;  but  this  is  sumciently  answered  in  the 
aheet:  be  offers  an  argument  from  the  late  sta- 
tutes declaring  treason8,because  they  were  tem- 
porary ;  but  [answer  as  the  $heet  doth,  they 
were  in  a£Brniance  of  the  old  law,  and  I  can 
shew  him  three  or  four  temporary,  and  an  blin- 
dred  other  acts  of  parliament  that  are  so,  and 
tfierefore  that  is  no  argument  at  all :  but  I  am, 
as  the  party  I  justify  was,  confined  to  a  sheet, 
and  therefore  cannot  hi  large. 

He  lays  down  a  rule  for  construction  of  sta- 
ges, that  a  thing  particularized  in  one  part 
IS  not  to  be  construed  within  the  general  words 
of  another  part ;  but  that  mle  hath  near  fom-- 
ficore  exceptions  in  ]the  books ;  besides  it  comes 
aot  to  this  case ;  for  here  is  compassing  the 
king's  death  noLade  treason,  and  dedared  by 
overt-act,  then  levying  war  is  made  treason  : 
Now,  says  the  repliant,  nothing  can  be  an 
overt-aet  of,  and  conduce  to  promote  and  ac- 
compEsh  the  first,  that  doth  any  ways  concern 
the  latter :  I  say  it  is  a  non  sequitur  ;  for  there 
are  several  im:tances  m^itioned  in  the  sheet, 
which  respect  the  levying  war,  and  yet  are  a 
genuine  evidence  of  the  intention  and  comj(>ass  • 
mg ;  and  if  so,  the  judges  who  have  ruled  such 
indictments  to  be  good,  did  neither  assume  an 
arbitrary  power,  nor  transgress  any  rule  of  law, 
%» tba  faiau  sheet  insinuateai 

Then  the  lord  Cobham's  Case  is  endeavoured 
to  be  answered,  bv  a  wonder,  that  sir  Edward 
Coke,  late  lord-cnief-justice,  and  then  sheriff, 
should  difier  firom  Mr.  Attornqr  Cook ;  for  we 
know  his  thoughts  in  sir  Vraher  IUleigh*s 
tim^,  and  his  speeches  in  Car.  1,  his  time ; 
Ihey  are  as  diment  each  firem  other  as  the 
times  were,  and  in  this  particular  that  gentle- 
man halh  had  more  followers  than  precedents ; 
but  the  query  is.  What  is  law  ? 

Then  sir  Henry  Vane's  Case  is  endeavoured 
la  be  aniwered  by  this,- that  Syderfin  mentions 
not  the  overt  iict  m  the  indictment,  but  be  doth 
say,  the  treason  aUedged  was  a  compassing  the 
king's  death ;  and  eveiy  man  knows  what  sir 
Henry  Vane  did  to. accomplish  that :  He  nei- 
ther signed  the  warrant  to  execute  that  murder, 
nor  was  he  actually  concerned  in  it  The  jus- 
tifier  say  a,  he  does  not  remember  it  minted  any 
irhere  bot  in  Syderfin's  r^rt :  For  the  re- 
freahment  of  his;  memory,  1  will  t^  him  of 
anodier  book  wj^ere  it  is,  and  that  is  KeUe's 
first  Tolome  of  Reports,  SO^y  and  tfiere  the 
indietmeot  is  said  to  be  for  compassing  the 
king'sdeitii^  aaleadeafoaiiiig  vs^  aocoiDpli|h 


^e  treason,  by  -ctian^g  and  usurping  the 
government,  and  levying  war ;  which  case 
doth  directly  Overthrow  lul  the  defender's,  jiis^ 
tifier's,  and  repliant's  arguments  from  the 
distinctness  or  dmerence  of  tbe'sort  of  treason. 
Then  for  Dr.  Story's  Case,  he  says,  it  is 
hard  to  justify  it  for  law ;  .whereas  there  are 
above  forty  places  in  our  printed  law-books, 
where  it  is  cited  and  agreed  to  be  law :  Now, 
it  is  pretty  odd,  that  a  case  so  resolved,  and  so 
ratified,  should  118  years  after  be  arraigned  in 
print ;  for  it  was  Hu.  13  Eliz.  If  any  thing 
be  law,  that  is  so,  and  not  distinguishable  from 
this  case  in  question,  but  that  the  evidence  was 
different,  which  the  justifier  Voukl  make  a 
reason  to  invalidate  this  indictment  *,  the  logic 
of  it  passeth  all  understanding :  Besides,  it  is 
observable,  that  the  benches  were  filled  both 
with  learning  and  integrity  in  1571  and  1662; 
neither  of  those  times  were  Tory  or  Popish  ; 
and  in  Dyer,  298,'  the  reason  given  was,  that 
it  could  bot  tend  but  to  the  great  peril  of  the 
king's  person,  and  therefore  an  attempt  to 
promote  such  invasion,  tliougli  none  follow- 
ed, was  adjudged  as  aforesaid.  In  3  Anderson, 
'  pi.  2,  fol.  5,  Grant's  Case,  it  was  held.  That 
'  when  any  person  intendeth  or  contriveth  to 
levy  wa(r,  for  a  thing  which  the  queen  by  her 
'  law  or  justice  ought  or  may  do  in  government 
as  queen,  it  is  not  material  whether  they  intend 
\  any  hurt  to  her  person ;  bujE  if  they  intend  to 
levy  war  against  tne  office  and  authority  of  the 
queen,  th^  is  enough ;  and  that  resolution 
overthrows  the  justiner's  notion,  that  J.  1^  his 
design  was  only  to  defend  the  laws,  though 
the  13  Eliz.  also  was. then  in  force ;  it  is  a 
good  arcrument  to  answer  that  pretence. 

Now  I  have  repeated  and  observed  all  &e 
'  rephcation  or  justificatiou  oShx&  in  answer  to 
■  my  friend's  sheet,  the  if  ader  noay  perhaps  ex* 
pect  some  new  matter,  not  so  much  for  confir- 
madon,  as  to  g^ve  occasion  for  a  farther  de- 
fence. In  sir  Fr.  Moor's  Rep.  fol.  691,  pi. 
849,  on  the  trials  of  the  earls  of  Kasex  and 
Southampton,  befoK  the  then  high  steward,, 
the  justices  did  there  resolve,  that  when  the 

?aeen  sent  id  the  earl  of  Essex  the  keep^  of 
er  great  seal,  and  others,  v^ith  a  coqunand  to 
him  to  disperse  the'  persons  armed  which  he 
had  in  his  house,  and  to  come  to  Aer,  and  he  did 
refuse  to  do  so,  and  continued  the  armour  and 
armed  persons  in  his  house,  that  this  was 
treason ;  and  they  did  also  resolve,  that  when 
he  went  with  a  troop  of  captains  and  others, 
from  his  house  to  the  cit^  of  London,  and 
there  prayed  aid  of  the  citizens  to  assist  hin^ 
in  defence  of  his  life,  and  to  go  with  him  4o 
court,  that  he  might  set  into  ue  queen's  pre^ 
sence,  and  that  be  might  be  suffioiendy  power* 
ful  to  remove  from  her  his  enemies,  who  were 
then  attendant,  that  this  was  high  treason,  be-» 
cause  it  tended  to  a  force  on  the  queetf ,  &c.  I 
make  no  inference ;  let  the  reader  do  that,  it  is 
plain,  that  an  actual  mental  intention  of  hurk 
IS  not  material  in  the  one  case  or  other.  Am 
the  duke  of  Norfolk's  Case  is  r^ted  by  Cam- 
den in  his  History  of  O.  Elizabeth,  iai,  tlK( 


765] 


STATE  TRIALS,  35  CHARtis  H.  l68S—/ir  Bigh  TVmioii. 


treason  whidi  the  dake  confessed,  was  a  plot 
to  seize  upon  the  Tower  of  London,  and  d^ver 
tbe^ueen  of  Scots,  and  that  is  all. 

Tnere  is  nothing  remains  in  doubt,  but  the 
legality  or  illegality  of  the  king's  keeping 
guards  for  the  preservation  of  his  person ;  they 
say  tlie  law  takes  care  of  him,  and  therefore 
he  is  to  take  none  of  himself;  and  that  the 
judges  are  his  guards,  and  th^fbre  he  needs 
no  other ;  that  Henry  7,  was  tne  first  thatliad 
any  other.  But  let  us  reason  a  little :  Can  it 
be  supposed,  that  he  should  be  so  sacred  in  his 
person,  so  great  in  hb  power,  and  of  sucb 
authority  as  to  make  war  or  peace' abrcdd,  and 
raise  forces  and  suppress  Uiem  at  home,  as  the 
danger  or  defence  of  his  realm  should  require, 
and  not  be  able  to  pronde  for  his  own  personal 
safety  de  proienti  9  Can  he  only  punish  by 
bis  judges  ai^rwards,  or  prohibit  by  prpcla- 
clamation  before,  but  not  defend  himself  for 
(he  present  ?  Is  it  sense  to  suppose  it  ?  The 
kings  of  England  might  have,  and  actually 


the  win  of  the  hosts,  bift  nerer  for  mat 
a'  guard  for  their  own  person  at  th 
charge ;  complaints  hare  been  made  of 
ing  army,  bnt  never  of  a  select  coni] 
his  nersonal  preservation^  a  terror 
people  may  as  well  be  pretended  ft 
coachman,  footmen,  or  moms,  if  the 
bers  be  grflaft :  besides,  tor  a  competeti 
in  arm^  ne  always  may  have  oocasiou 
his  subjects  know  nothing  on  it ;  it  is  ] 
vlnce  to  foresee  aAd  prevent,  as  well 
press  and  punish,  domestic  tumults  ;  ; 
Dusiness  oV  war  is  separately  his  offi 
that  exclusive  of  his  subjects,  any  ot 
than  as  they  are  bound  to  obey  and  fi 
desired  to  assist  with  aids  and  subsidii 
for  this,  to  avoid  a  numerous  volume  < 
tions,  I'll  name  one  notable  rule  or 
parliament,  6  Ric.  S,  Mem.  9,  the  man 
way  of  the  prosecution  ol  the  war  bein 
in  charge  to  the  Commoos  to  adrisi 
they  answered,  that  this  *  nee  doit  ne 


bad,  soldiers  or  guards  (call  them  what  you    appertain  *  al  eux,  mes  al  Roy  ;'^and 


will)  even  in  times  of  peace,  and  long  bmre 
Hen.  7,  as  well  as  continually  sinde ;  I  may 
be  so  bold  as  to  defy  any  man  to  shew  me  the 
year,  the  month,  the  week,  or  the  day,  since  the 
conquest  by  WUl.  1,  that  England  was  without 
armed  men,  actually  upon  duty  in  some  part 
&r  other  of  the  nation.  This  sheet  is  not  in- 
tended for  a  studied  argument  on  this  subject; 
and  perhaps  it  would  be  difficult  to  justify  a 
ctanding  armv  as  warrantable,  when  there  is 
DO  occasion  ror  it ;  but  to  say  he  cannot  by 
force,  even  by  force  provide  for  his  own  per- 
sonal safety,  when  he  apprehends  it  in  danger, 
as  every  English  king  hath  continual  reason  to 
do,  especially  if  some  men's  doctrine  prevail, 
it  may  be  modestly  affirmed  unreasonable: 

Hath  not  every  subject  power  to  keep  arms,  as  .^ 

well  as  servants  in  bis  house,  for  defence  of  his  reasons  of  state  will  not  admit  Ifaeir  p 
person  ?  Is  not  his  mansion  called  his  castle  ?  tion  to  tfie  world.  But  nowe^er,  some 
And  yet  the  law  protects  him  too  by  prohibi-  ing  force  the  crown  ever  had,  and  ev 
^ns  ^P^f^^  onte,  and  punishments  ex  parte  have,  though  not  always  to  such  a  de] 
pott :  There  are  many  tenements  in  England, 


did.  Si  Edw.  S,  F^rte  prim.  n.  11,  and 
S,  n.  5.  It  is  true,  in  5  Ed.  S,  n.  4.  ord 
were  made,  that  the  king  without  thi 
of  his  barons  could  not  make  war;  bn 
that  were  repealed  and  dampned,  15  1 
Pari.  Jlot  M.  13,  because  pre|iidlcial 
royal  power  of  a  king;  -and  thb  issoflE 
affirmed  by  the  act  concerning  the  mil 
Car.  2,  his  time.  It  is  well  known  ii 
time  Bryan  chief  justice  said,  that  if 
subjects  of  England  should  war  with  ti 
jacts  of  another  kingdom, '  that  this  is  i 
unless  the  kmf  denounces  it :  it  suffi 
my  friend's  pomt,  that  the  king  may  h 
hire  «med'««;  «r  g««l.,*wh^ 
judges  his  person  or  people  to  be  in  dan 
stand  in  need  of  them :  and  that  be  ma} 


which  oblige  to  the  anuual  payment  of  certain 
sums  towartls  soldiers  wages,  for  defence  of 
the  king  and  kingdoip  ;  there  are  others  oblig- 
ed to  the  annual  finding  certain  quantities  of 
grain  in  kind,  for  the  supplying  the  king's 
castles  and  garrisons,  as  well  as  houshold; 
which  being  annual,  do  demonstrate  the  law- 
fulness of  their  continuance,  even  in  times  of 
peace ;  and  their  being  immemorial,  do  con- 
clude a  common  law  right  in  the  kings  of 
England  to  have  those  occasiofis,  as  they  do 
conclude  him  a  right  to  have  them  supplied 
1^  such-like  services:  Nay,  grand  sergean- 
ts is  either  by  services  of  attendance  on 
the  king's  person  in  time  of  peace,  or  for 
military  aids  in  time  of  war.  llie  crown  may 
raise  forces  by  commission,  or  the  militia,  to 
suppress  insurrections,  in  case  the  civil  power 
df  the  sberiflT  is  n^t  sufficient  or  ineffectual. 
Tbe  kin^  of  England  have  the  sole  power  and 
Artie  of  me  nation :  complaints  have  beqm  in 
yiriiamentagainst  billeCiDg  solders  contrary  to 

9 


shall  be  burthensome  or  oppressive ;  a 
old  law-books  say,  that  arms  as  well  a 
are  necessary  for  the  prince,  not  only 
against  the  times  of  necessity,  I  xftean 
tumult :  besides,  in  Bracton,  lib.  2,  ca| 
Corona,  it  is  said  that  '  Crimen  Isesse 

*  tatis'  is  the  greatest  crime,  because 
gr«atne«  of  4e  penon  against  vhoc 
committed ;   his  description  of  it  is, 

*  sumptio  contra  personam  ipsius  Regis 
When  he  particularizes  the  several  si 
treason,  the  first  which  he  names  is,  ' ; 
'  ausu  temerario  machinatns  sit  in'  (i. 
wards^    *  mortem  domini  Regis,  vel 

*  egent  vel  agi  pfocuraverit  ad  seditions 
'  mini  Regis  vel  exerdtus  sui,  licet  id,  <; 

*  voluntate  habuerit,  non  perdozerit  ad 

*  turn.'    I  will  make  no  inference,,tliere 
no  paraphrase,  the  words  are  plain ; 
tenoing  to  the  destruction  of  the  king's  I 
high  treason  agamst  his  person :  *  Ag 

seditionem  ezercitns  Regis  est  pnesi 

*  contra  personam  Regis,  et  prsBgom^o 


767]  STATE  TRIALS,  35  Chablbs  IT.  less^^Trial  of  mUiam  Lord  Russell,  [76$ 

sliookl  be  allowed,  tbey  will  attempt  another 
change,'  from  which  good  Lord  deliver  us> 
ProV.  xxviii.  2. 


f  persoDsm  Regis  eat  crimen  Uosfee  MueatatiB  :' 
now  can  Bractonlie  thought  to  speak  only  of 
treasons  in  time  of  war  ?  Glanvil,  lib.  14, 
cap.  1,  '  Crimen  liesn  Maiestatis  didtiir  de 
« seditionedomini  R^s,  Tel  regni,  velexer- 
«  dtus  ;*  and  Flela,  Lb.  1,  cap.  20*.    *  ^e  se- 

*  ductioneexerdtus  siii :  et  capJ  21,'  the  same* 
words,  « SeductioDem  ejus,  vel  ex^rcttus  suL;' 
^is  was  the  sense  of  the  old  law,  and  is  very 
appositely  ajp^licable  to  the  case  in  question,  as 
I  could  easily  diew,  would  my  paper  bear  it. 
There  is  one  thing  which  I  bad  quite  for^, 
and  that  is,  that  me  instrument  of  grievances 
which  the  prudence  of  the  present  parliament 
ha^  provided,  complains  of  a  standing  army ; 
^e  answer  is  easy,  it  is  not  of  personal  guards : 
and  the  wise  inquiry  of  the  House  of  Com- 
mons, into  the  quantum  requisite  to  maintain 
auch  and  such  forces  during  the  present  occa- 
sion, aivi  of  the  expences  of  the  crown  in 
houshold,  courts,  guards;  ^c.  afterwards  do 
plainly  shew,  that  that  was  not  the  intended 
grievance.  Now,  to  sum  on  what  is  not  an- 
swered at  all,  or  endeavoured  to  be  so  by  the 
defender,  nothing  is 'said  to  the  reason  of  the 
things  or  the  necessity  and  nature  of  an  overt 
act,  to  the  opinion  of  Coke  in  the'places  cited, 
to  the  case  of  sir  Walter  Raleigh,  the  case  of 
the  Cardinal,  the  case  of  Mr.  Coleman,  the 
case  of  Constable,  the  case  of  Owen,  the  case 
of  Burton,  the  cases  of  Sparhawke,  Awaterand 
Hebei%  the  indictment  against  sir  William 
jlshton,  Germain  and  Taylor,  and  Thomas 
Burdett,  Collingbourne  and  Colledge,  nor  to 
the  opinion  of  the  judges  in  the  lord  Stafford's 
case,  as  if  it  ^re'ro  all  impertinent ;  but  the 
reader  is  Judge  if  it  l>c  so.     - 

Now  f»  r  the  prefacer,  Pll  be  as  short  uoon 
him  as  he  was  upon  my  friend  ;  he  said  tnat 
the  sheet  needed  a  vindication,  and  I  hare 
given  it  one ;  and  if  this  needs  another,  I 
hope  the  crown  will  fifid  a  friend  to  write  some 
third.  He  seems  so  used  to  the  word  libel, 
that  he  cannot  forbear  calling  it  an  infamous 
one ;  he  says,  it  has  not  one  true  material 
word  in  it :  I'll  remember  him  of  one,  that 
mocking  is  catchinsr  is  the  proverb,  that  is  *  4 
«  Qrumbletonian  in  thestirrup  generally  proves 

*  a  tyrant in  the  saddle ;'  that  is  enough 

for  him  to  remember :  if  he  wants  any  more 
truth,  and  that  he,  may  not  say,  this  hath  none 
in  it,  treasons  are  easier  committed  than  dis- 
tinguished, by  some  men  especially  ;  and  the 
reason  why  I  say  this  is,  because  of  bis  octavo 
prefiiGe,  where  he  is  grumbling  still,  for  1 
always  thought  that  he  had  smarted  too  much 
for  libelling  on  ministers  of  state,  and  male- 
administrations,  to  venture  again  ;  but  when 
a  priest  meddles  with  law,  he  is  like  an  apo- 
thecary at  politics,  he  ffeneraliy  rans  himself 
into  a  poose ;  for  he  wiu  never  Wve  off  until 
fa^  is  advanced  one  way  or  another.  To  con- 
clude, the  design  of  the  sheet  was  to  justify 
the  prerogative  of  the  king  and  queen,  and 
the  rights  of  their  crown ;  and  the  republican 
is  angry  that  either  should  have  any,  and  from 
tbanga  flamw  tba  paasipo  i  nay,  ,rmer  than  it 


During  the  composure  of  the  premises, 
news  was  brought  me,  that  another  pen  bad 
been  procured  to  attack  the  Vindication,  viz. 
The  author  that  runs  a-muck  at  all  mankind, 
except  his  own  patrons :  a  deserved  and .  full 
remark  upon  so  voluminous  a  book,  is  not 
here  to  be  expected  ;  however,  this  Appendix 
may  serve  for  an  advertisement  to  the  world, 
that  the  new  repliant  is  in  several  parliculara 
obliged  to  soKcitor  Coke,  and  the  other  regi->  . 
cides  defence  on  their  trials  for  much  of  bis 
materials.  .Tim^  is  wanting  to  shew  the  pa- 
rallel ;  at  present  it  is  6t  to  be  obsened,  that 
his  blind  side  is  also  apparent,  consequently  ca- 
pable of  a  sufficient  answer  ;  and  to  give  my 
reader  a  specimen  thereof^  I  will  take  notice 
of  a  few  (amongst  many)  mistakes,  both  in 
fact  and  law,  whicli  he  hath  uitfully  committed. 
In  the  first  page  he  says,  tliat  to  justify  what 
hath  been  taken  ill,  accuses  the  present  goyern- 
ment  of  injustice ;  which  is  false.  In  pag^.  2^ 
he  says,  that  the  Vindication  ventures  on  a 
point  of  law,  which  it  pretends  is  the  result  of 
the  evidence  given  ;  thei-e  is  no  such  preteoce 
in  the  whole  paper,  the  onl^  debate  was  upon 
the  indictment.  He  says,  in  the  same  paper, 
that  it  is  said  his  relations  were  pleased  with 
the  justness  of  the  trial ;  it  anly  says,  his  rela- 
tions were  pleased,  and  his  enemies  were  angry 
\i  ith  those  who  then  sat  upon  the  bench,  and 
that  is  true  ;  for  some  of  his  relationa  cann:;t 
deny  it,^  (he  fact  is  so  well  known.  The  last 
line  of  page  3,  and  first  of  the  next  are  also 
fixise  ;  for  it  was  neither  written,  i/crused,  nor 
approved  by  any  of  his  pretended  criminals: 
I  believe  they  thought  the  point  too  clear  to 
need  a  vindication  ;  but  this  is  just  like  his 
wonted  positiveness  in  his  remarks  ;  where, 
for  instance,  he  says,  that  one  of  the  judgments 
he  cavils  at,  was  the  first  that  was  ever  given 
without  argument  or  reasons  delivered  in 
court,  which  is  also  false  ;  for  in  ^owden^s 
comment,  459,  in  sirT.  Worth's  case,  the  au- 
thor takes  express  notice,  that  the  reasons  of 
the  judgment  were  not  disclosed  when  the 
same  was  pronounced  ;  and  fifty  other  cases  I 
could  name  him  of  the  same,  but  one  instance 
is  enough  to  falsify  a  getieral  indefinite  position, 
thou^i  there  are  several  more  even  in  that 
very  book. 

But  to  run  over  his  volume,  pag.  2,  is  only 
a  farther  scurrilous  reflection  to  vindicate  his . 
own  remarks,  and  an  impertinent  bombast  of 
words  on  the  phrase  of  English  proceedings : 
the  third  page  assigns  four  reasons  of  printing, 
the  two  last  are  applicable  to  himself  only,  and  - 
bethinks  so  of  the  fourth,  or  else  his  story  is 
foolish  tike — .In  the  fourth  pa^e  he  bolster* 
himself  in  his  niillery,  by  resorting  to  his  re- 
fuge of  the  parliament's  authority  that  reversed 
the  judgment,  which  all  men  agree  to  be  just, 
but  it  was  not  because  the  recoi-dcr  did  not  ar*. 
rest  the  judgment  on  that  trivial  exce^ion  to 
the  indictmeiity  but  because  the  prosecution  wa» 


7i^}  ^kTETBUV^iSCBAMtvn.l6^,^Higk1Vm$mi  [779^ 


■iip|ioirfMaBciiWM,«iidti>eefitoiiee«ippw<d 
ftbe  «r  Mkient,  or  both. 

The  fifth,  ttxtfa,  eighth,  miidi  and  tenth 
^pegM  ore  all  impertinent  to  tfaepcptm  qoes- 
tioQ,  eadooDtain  nothing  hat  a findication of 
lib  justly  oondemned  damoar  in  hii  fonner 
book  ;  concerning  which,  I  will  boldly  say  it, 
in  serenteea  points  of  twenty  he  is  out  in  his 
law;  ifitwerecon?enieBttopiiUiahthe|HOof 
ooiC,  I  could  make  it  plain.  His  design  is  to 
ahew  in  thoae  paM  his  wit  and  lancy,  more 
than  candour  or  nw :  for  my  part  I  am  of  his 
friend's  mind,  that  he  comes  not  short  of  ^e 
<dd  obeervator  'for  managing  a  dialogue :  but 
all  this  is  not  to  the  purpose,  he  is  not  come  at 
it  yet,  the  twelfth  page  sarours  of  the  same 
kidney,  and  the  thirteenth  and  fourteenth  are 
no  better :  there  he  Tents  his  gaO,  and  that  in 
xibaklry  ;  no  soiler  a  name  than  tools  can  be 
afforded  to  men  of  worth  and  honour :  if  him- 
aelf  be  one,  as  some  suppose  him,  I  am  sure  it 
'  is  not  to  the  present  goremment :  for  be 
plainly  condemns  it,  ^nd  declares  the  people, 
i.  e.  bis  sort  of  tbein,  unsatisfied  with  it,  for  its 
tparingnesB  in  vengeance ;  and  it  is  because 
others  are  not  punished  fiw  maintaining  the 
law,  and  themselres  not  preferred  fi>r  arraign- 
ing it :  some  men  know  my  meaning,  lie 
says,  he  is  only  for  mumbling  of  judges  and 
council,  causa  paiet. 

But  I  must  tell  him  two  things,  1.  The  in- 
dinations  of  Englishmen,  and  the  laews  of  the 
,    hndy  will  nerer  quadrate  with  a  common- 
wealtb. 

2.  His  supposed  criminals  do  n^t  depend 
on  their  number,  but  the  law,  which  ouebt  and 
will  justify  tfaem  ;  if  it  doth  not  please,  let  it  be 
changed  by  paHiament;  or  if  the  author 
tfiinks  that  a  tedious  way,  let  us  bum  all  our 
law-books  at  once,  and  then  perhaps  his  Re- 
marks and  Reply  wiH  be  thought  to  oe  reason, 
and  himself  the  jrreatest  and  only  lawyer  in 
thejrealm ;  but  till  then  be  must  give  others 
leave  to  know,  and  to  say,  that  they  know  he 
is  mistaken :  for  resolutions,  and  opinions,  pur- 
^  auant  and  agreeable  to  the  opinions  and  rules  of 
former  ages,  I  mean  frequent  and  repeated 
precedents,  approved  by  the  lawyers  of  tne  age 
that  used  them ;  I  say,  these  will  be  the  law 
to  the  end  of  the  world,  unless  altered  b/new 
statutes. 

And  now  we  are  come  to  debate  the  Ques- 
tion, all  that  is  past  is  upon  the  times,  and  not 
the  boint.  In  p.  18,  is  his  reasoning  part, 
whicn  is  no  more  than  was  said  befiHre  in,  &c. 
To  redargue  him  I  mast  repeat ;  if  therefore  he 
"-  wpl  obe^e  what  is  said  by  the  sheet,  p.  S3, 1 
will  say  no  more  on  it,  but  submit  to  the  jndg- 
inent  of  the  reader ;  hie  says,  the  inferences 
are  ridiculous  ;  f  say,  they  are  ratioinl  and 
genuine :  the  single  issue  is,  if  his  or  my  firiend's 
arguments  are  the  mo&t  logical  and  natural, 
let  Ae  reader  judge. 

Now  for  authority,  kt  us  see  if  he  urges 
any  on  his  nde,  or  answers  that  on  the  other. - 
He  admires  '(p.  84.)  at  the  assurance  of  the 
sheet-author,  and  others  admire  at  his^    He 

vol..  IX. 


says^  tike  pariiemeot  had  often  adiudgad  it; 
but  none  can  shew  any  judgment  in  the  House 
of  Lordsy  or  vote  of  the  Commons  Houae  to 
that  purpose.  1  have  shewn  the  sense  id  the 
present  parliament  in  the  point  of  guacds,  and 
ma  temporary  laws  are  already  answered ;  nor 
would  any  man  biit  he,  and  one  mere,  pretend 
that  they  are  judgments  in  the  case.  Surely 
it  will  not  be  pretended,  that  his  case  of  tibe 
earl  of  Northumberland,  in  Hen.  4th's  time,  is 
any  thing  to  the  purpose :  nor  is  it  any  Vfpx* 
ment  to  say,  no  king  of  England  was  ever  kill- 
ed for  want  of  guvds.  Now  for  cases,  p.  26, 
he  saith,  that  In  the  earl  of  Essex's  case,  there 
was  an  actual  war  levied,  and  that, as  I  said  be- 
fore, destroys  the  argument  from  the  different 
sorts  of  treason.  As  to  Cardinal  Pool's  caaoi 
he  only  says,  there  was  another  statute  in  force 
then,  but  no  record  or  history  says,  that  he  waa 
indicted  on  any  other  than  tne  95  EdW.  3. 
As  to  Dr.  Story's  case,  he  tells  a  long  tale  out 
of  Cambden  about  the  foot,  but  answers  not  one 
word  to  the  indictment;  whatsoever  the  evi« 
dence  was,  the  indictment  was  as  ifste  sheet  al« 
ledges,  and  that  is  enough. 

His  answer  to  Colemcn's  case  is  tfiat,  that 
things  happenmg  afterwards  proved  inore,  but 
the  evidence  was  no  more  than  what  my  friend 
alledges.  As  tb  sir  Henry  Vane's  case,  his 
answer  is  his  own  hear-say  of  what  was  provedi 
but  the  indictment  he  never  perused,  argued 
like  a  lawyer !  as  to  Constable's  case,  ana  the 
rest,  he  gives  no  answer,  but  only  that  rape* 
titioo  of  a  numberof  cases  makes  a  mutter  and 
a  ncnse,  and  so  it  does  when  they  govern  and 
role  the  matter  in  question,  and  are  not  an- 
swered. Owen's  case,  he  says,  the  author 
presses  it  strangely,  and  that  is  all.  He  sa3rB, 
the  cases  of  Burton,  duke  of  Norfolk,  Awater, 
Heber,  and  Cirohagan,  are  not  to  the  purpose, 
let  the  reader  judge  if  they  are  not  pertinent. 
As  to  the  opinion  of  the  judges  in  the  lord 
Stafibrd's  case,  he  does  not  mention  it,  but 
says,  the  reviving  that  case  might  have  been 
spared,  and  that  is  all ;  a  pretty  answer  1  As  to 
Colledge's  case,  he  talks  of  a  proof  of  a  self- 
defimce,  but  noUiing  to  the  p<rint  it  was  urged 
for.  As  to  the  cases  of  lord  Cobfaam^  ^i^^ 
and  Rawleigh,  in  33,  33,  34,  35  PSg.  setting 
aside  his  scandalous  invectives  and  ^flections 
upon  those  times,  ministers,  and  governmental 
he  no  ways  attempts  to  answer  tne  argument 
drawn  from  them,  viz.  That  the  chaige  was  the 
same  as  in  the  case  in  dispute. 

Now  I  apperi  to  any  man  of  sense  and  rea« 
son,  that  wHi  read  and  think  closely,  if  the  Re- 
pliant hath  ofiered  any  one  aivament  more 
than  the  lord  Russell's  Case,  Defence  and  Juf« 
tification  had  alledged.  If  he  bath  shewn  any 
one  judgment  where  such  indictment  was  re- 
solved naught ;  if  he  hath  given  answer  to  Dr, 
Story's,  Collingbom's,  sir  Wiltiam  Ashton's, 
Burdett's,  and  sir  Henry  Vane's  indictment} 
in  short,  if  be  hath  answered  any  two  of  the 
oases  cited ;  or  if  he  ha^th  done  any  thing  but 
reflect  on  past  and  late  times,  and  if  the  mdict- 
ment  remain  not  good,  both  for  matter  and  form, 

:j  D  ;   .  ' 


mm 


771]  STATB1<<tIALS»  U  CHAmiES  fl.  i€M^Trial  of  WHUmn  £#ri  RssseU,  [fjr 

AdHriUiitiiiitf^  iJl  tii^  pretended  Hfeptiei 
Upon  the  Whole,  I  desire  toe  rettfler  lo  peruse 
dke  book  cited ;  and  to  judge  if  there  l>e  not 
precedents  enough  unanswenible  to  justify  the 
lAdJctmebt  in  Question,  and  thai  the  recorder 
ssave  a  good  juogment  upon  the  verdict  l^at  af- 
%med  Its  truth ;  quod/uit  probandum. 


To  condttde;  £nce  tile  Kipliant  »  in  Wftfr- 
with  Horace,  I  would  advise  him  to 
one  hint  ofhis^ 

«— rForuBi,  potealqcie  liboms 
Malidabo  nccis^ Hot. 


The  Third  aki>  Last  Part  of  the  Magistracf  and  Govern- 
ment OF  England  vindicated,  vith  Reasons  for  a  general 
Act  of  Indemnity )  &c. 

.  IT  bath  been  theobserved  misfortune  of  most 


nixed  govecmnents,  pai^cuhirlv  of  oar  own, 
oerer  long  to  eajoj  the  intire  friendship  of  all 
.  it's  indiyidual  sulgectB;  the  lowermost  side 
iMrth.  too  frequently  acquired,  the  greatest  share 
<xf  the  people's  love,  or  at  least  pity :  It  is  then 
10  point  of  wonder,  that  the  servants  of  former 
Clowns  should  have  incun^  their  proportion  of 
envy,  hatred  and  reproach ;  and  amonest  all 
those  none  more  obnoxious  to  it,  thap  the  mi* 
oiaters,  qflihcers,  and  instrun^ents  of  justice; 
§9t  sudi  ^  the  vitiated  sentiments  of  persons 
interested  in  all  suits,  that  the  Vanquished  is 
oeftiunly  iuiured,  or  th<^«gfat  or  said  to  be  so, 

Shicli  is  all  one,  bjr  the  persons  themselves, 
Mr  friends,  or  relatives,  their  patrons  or  crea- 
turet.  In  truth  there's  scarce  a  trial  on  the 
]dea  or  crown  side,  but  one  partj,  and  some- 
limes  both,  do  leave  the  court  with  a  swinging 
cwurse  or  two  on  judge,  counsel,  jury,  witnesses, 
and  perhaps  all  qoncerned;  upon  which  ac- 
eoiluty  it  can  never  be  deemed  a  justifiable, 
\  jfuuctk  less  a  commendable  and  meritorious  em- 
pleynient,  for  lawyers  to  note  and  report,  and 
afterwards  publish  t^  the  world,  the  clamors  of 
■ock  malecontents,  vrith  the  addition  of  sarcasm 
inalead  of  argument,  and  blnshless  lies  instead 
of  law  and  precedents,  and'  all  this  under  the 
pretence  of  serving  their  mi^esties  and  the  go- 
vernment ;  but  it  IS  a  mere  pretence ;  for  first, 
it  is  not  tibeir  province ;  these  publications  are 
made  by  them,  not  as  legislators  or  Judges,  but 
as  private  persons ;  and  one  of  tneir  Libels 
«eems  calculated  eqlv  for  private  luci«,  as 
either  the  hopes  of  a  pwce,  or  increase  of  prac- 
iioe,  by  tdling  the  tio^n,  in  the  first  and.  last 
pages,  where  tne  author  lives,  of  what  profes- 
sion, and  how  long  sMu^ng;  an  art  learned 
from  some  of  those  exquisite  Doctors  inhabiting 
towards  the  fields*  whose  knowledge  and  coo- 
tersation  is  preten<(ed  tw  be  in  heaven :  another 
writes  forbnead,  and  scribbles  that  he  ma^  eat, 
dec  A  third,  or  rather  the  first  and  prm&e  is 
inspired  with  venom  and .  revenge,  evien  the 
pure  spirit  on  it  j  as  one  balk'd,  be  is  aa^ry  at 
•all ;  and  because  some  were  not  his  true  fi-iends, 
he  is  resolved  lo  make  enemies  of  those  who 
^despise  him,  and  of  them  the  nuaber  is  great. 
But  secondly. 

It  is  of  no  use  to  the  present  govamment, 
for  truth  only  can  be  a  sure  basis  of  re^^ect  to 
that ;  and  ih  case  of  slender,  the  filth  rebounds, 
tnd  the  dirt  thrown  moat  sure  turns «  on^  and 


dawbs  their  own  ftces,  eapedaDy  when  they 
arraign  those  ss  ignorant,  whose  learnings 
knowledge,  and  judgment  are  so  clear  and  ac- 
knowledged, as  to  render  the  censors  unworthy 
even  of  feitig  their  bag -bearers  ;  the  l&e  when 
they  censure  those  as  corrupt,  who  have  always 
bolaly  done  their  duty,  even  in  their  defiance 
of  a  court  cabal,  or  a  popular  taction;  who 
have  always  adhered  to  an  old  English  law, 
and  their  just  opinions  in  it,  thon^  frowns 
from  Whitehall,  or  clamours  from  Wappmgy 
though  lampoons  from  Grub-street,  or  a  worse 
usage  Q*offl  an  Ob8ervator,though  a  Supersedeas 
or  a  Take  him,  &c.  were  the  only  reward  they, 
could  expect  for  such  their  (formerly  called  pu- 
ritanical, now  arbitrary)  justice :  gentlenaen 
who  never  poll  the  kiw  (whk)h  the  great  and 
good  sir  ]]lf  at.  Hale  did  truly  oall  rouiing  the 
poor  of  justice)  for  the  acquiring  a  fiu-m  ^  an 
office,  or  a  lumping  sum  for  sale  of  it;  who 
never  begged  an  executorship  for  to  gain  a 
fortune ;  gentlemen  who  never  gave  straineq 
opinions  concerning  the  revenue,  when  made 
for  their  clients  the  iariners,  but  clamoured  ai 
the  same,  when  used  by  their  Idng  with  more 
moderation ;  gentleiiie&  who  parted  wi£h  tbeii: 
places,  thoiufh  of  honour  imd  profit,  rather  than 
comply  witn  a  court-opinion  or  a  dub-notion, 
when  others  (I  name  nobody)  ofiered  entire 
and  everiastiDg  service,  if  they  could  have  pre- 
ceded or  succeeded  them,  (Teste, . .  .  apud  St; 
James's,  and  the  city  of  Gbuces^)  but  missing 
their  aim  then,  as  now  they  do.  their  gall  must 
have  a  vent,  and  so  it  hath  wnh 


when  a  true  and  bold  justice  is  made  the  sub- 
ject on  it :  the  reason  is  plain^  those  men^s 
repute  is  too  great  for  truth,  probity^  and  use- 
fulness :  aQ  eclipse  Li  necessary,  if  posable ; 
for  if  otherwise,  the  Defender  will  never  be 
Keeper,  the  Reinarker  Solicitor^  nor  tfie  6  vay'a- 
Inn  poet  wear  scarlet  in  Wales ;  Uieir  hopes 
are  but  small,  unless  they  can  poirtpone  all  their 
betters  by  death,  commitmepts,  or  that  which 
is  but  little  worse,  reproach  and  slander  ;  but 
some  think  their  stii^  grows  weak,  for  it  is  spr 
parent  that  there  are  a  sort  of  men,  who  thoi^ 
they  might  and  did  love  his  m^esty  when  aa 
prince,  yet  do  not,  will  not,  cannot  love  him,  or 
any  man  else, as  king;  and  this  is  now  pr^ty 
phun.   .But thirdly, 

T}ie  libels  are  criminal,  and  injurious  to  com- 
mon justice,  for  they  create  a  disrespect  and 
contempt  upon  all  justiciary  prooeedugs :  to 


779]  STATE  TBUXA,  U  CfuntB  11.  l$^$^fit  l%J|  7Mm|. 


■vr^^  «B  pa«tis  WcKCxtea  mBpiGMm  •faU 
MTOitirt  and  future  admioiiBtnitiong ;  wbereaa 
l^l^wdfii  iaith,-  fol.  38.  <  It  is  a  good  aad  sure 
wi^  to  Ibeite?  etbe  Ifist  judgment ;'  and  if  lio,  it 
japiaui  what  name  th#  oqntraiy  practice  de- 
9ervfa ;  besides,  were  it  otherwise^  the  insti- 
lut^ofjadgM  and  eourta  are  vain,  and  our 
alale,  aa  £ngliehinen,  iJ^  oiiost  unfiirtunate ; 
fiv  we  have  no  rule  but  *  ex  oyejudidnia,*  or 
fraapartieular  statutes,  and  of  them  they  are 
tbe  leKfesitoiy.  Now  let  us  inquire  which  is 
law,  ti^e  I>eifcpder'8  fancy  in  bis  argument  inter 
fil.  aiad  B*  or  the  judgment  in  the  exchei)uer- 
dMmbsr,  affiiln^by  the  lords.  Ifthejudi* 
cial  vesototioQ  be  so,  thai  the  publication  of 
lus  argumeel  was  iiyudioious,  and  I  am  not  to 
ftllew  him  as  my  guide ;  but  perhaps  he'll  tell 
ne,  that  manifest  reasons  and  good  lawyers 
ought togorem me ;  if  so,  then  I  tak  him, 
9iHbosha]fi  follow  jn  the  £.  of  D.'s  case  of  a 
*  capias  pro  sine  puis  judgment,  &c.'  whether 
jtbo  eleven  best  lawyers,  or  the  vote  of  the 
iloiiae?  If  the  latter,  whv  not  so  in  the  former 
0ase?  andif  otherwise,  tnen  his jjudffment  was 
4mtakei| ;  so  that '  ^uacqnque  via  &ta,'  these 
aavoisftllibility  in  this  world,  and  con8ei|uentIy 
jm  eimise  for  private  censures  of  pubUc  pro- 
4i(rdili^  in  coorts  of  jufttioe:  besides,  the 
^ocdware  preltv  dear,  that  such  things  are  pu- 
ji&shible;  but  I  leave  the  reader  to  peruse  them 
^  kiswpe.  Thep  let  us  consider  the  confusion 
that  mast  ensue  upon  the  pubhc  countenancing 
^wh  a  practice  as  these  scriUers  have  intro- 
dnosd;  for  if  allowed  on  a  disbanded  judge 
it  is  so  on  a  sitliag  one,  for  the  case  is  the  same 
in  respect  of  private  lawyers,  who  pretend  to 
Ijbink  their  judgments  erroneous  or  corrupt ; 
Wtsurely  both  ar^  uabwiuL  Besides  all  this 
•n  the  present  case. 

They  have  palpably  wiealed  the  hiw  in  divers 
instances:  I  n^  name  no  more  than  the 
iadicCiaettt  in  question,  which  that  it  was  legal 
and  goad,  most  men  do  now  agree,  especiuly 
since  the  dint  of  the  opposal  seems  current  only 
on  the  evidence,  with  a  waiver  of  the  other, 
aiMi  more  since  that  guards  are  proved  lawful, 
aad  the  Obserralsr  concedes  it  the  most  legal 
iiart  sf  the  procedure ;'  and  the  Justice  of  Par- 
UaaaeiS^  wc  supposed  written  by  the  De- 
leoder,  strains  all  its  forces  on  the  evidence  and 
the  times :  and  their  folloi^er,  the  Poet,  in  his 
New  Noncoofoniiist,  pi^.  10,  runs  the  same 
way  too:  Ool;^, 

There  remains  on^  ol)|ection  to  the  first  ¥in- 
dicatpon,  which  is,  tliat  it  affirms,  wopds  may 
be  treason  within  the  S5th  ot  Edw.  9,  snd  the 
Remarker  challenges  a  proof  of  it,  and  asks 
where  it  mav  be  found ;  and  the  Noncooibrmist 
qmurrels  at  the  bwver  that  did.  assert  it,  and 
oome  others  have  done  the  same  ore  temu. 

I  caofess,  that  the  first  sheet  did  publish  the 
ameition,  but  waived  its  eviction,  far  foar  of  a 
ataainaduae  of  such  opinion  to  ill  purposes,  for 
,  the  serving  a  tnm  upop  particular  occasions ; 
aor  had  there  been  any  mare  said  on  it,  but 
thit  their^onfidenoe  and  mialice  seems  so  ax- 
aiiitaiil  «i  to  extort  a  chack)  for  thv  Segutotor 


19  gn>^  so  confident  of  his  own  knawk 
to  undervalue  the   greatest   of  juda 
whereas  his  common- plaoe-boek  afibrd 
titles  but  those  of  collusion  andmahcepi 
and  his  practice  hath  been  much  of  U) 
stamp,  only  that  sometimes  he  hath 
little  of  the  lunatic,  •as  appears  by  his  B 
Prophecies,  Dreaais,  PcHitics,  and  othc 
giouary  Works. 
,  To  ^rove  the  assertion,  J  depend  no< 
authority  of  the  sense  of  the  Commons 
1  Jac.  2,  (though  let  the  cryer  for  jui 
who  else  pleases  contradict  it)  it  was 
then  affirmed  and  agreed  unto,  and  u] 
the  then  king's  council  and  courtiers 
the  motion  and  prosecution  of  a  bill  i 
words,  &c.  '  But  that  is  a  siqtemi 
argument,  there  is  more  than  enough 
I  am  not  to  maintain,  that  all  rank,  m 
and  gross  words  against  the  king-  or 

Eerson  are  such,  nor  that  whosoe? er  d 
ealth  te  our  sovereign  lord  the  peopl 
the  late  king  James,  is  a  traitor:  I 
words  significative  and  expressive  of  a 
intention  to  do  an  act  to  the  king's  desi 
such  words  deliberately,  maliciously, 
risedly  njoken,  on  purpose  to  accomj 
demise  of  the  king,  as  ny  promise  ot 
with  importunity  to  commit  the  foct, 
an  ovot-iait  to  prove  the  imaginatioi] 
35  Edw.  3. 

To  evince  this,  let  us  think  a  little- 
will  be  plain. 

'  The  words  of  this  statute  are  dea 
an  easy  construction,  if  we  will  allow  tl 
old  times  to  speak  sense.  They  are 
effect:  that  if  it  shall  compass  or  ima 
death,  &c.  and  *  de  ceo  prdvablemeu 
taint  per  overt  fait :'  now  the  objectic 
that  words  are  not  deeds  within  that  ck 
thtB  the  answer  is  very  clear  $  for  b 
grammatical  and  other  rules  for  interj 
of  the  sense  of  words,  the  latter  part  o 
tence  is  to  be  construed  (if  i|sed  by  wa 
position  Vas  opposite  to  the  thing  menti< 
intended  in  the  f9regoing  part,  and  no 
posed  to  every  thing  which  it  may  j  e 
mini' exclude  in  other  cases;  and'tt 
apjUetl  difference,  both  amongst  divines 
sitiqn  jof  sentences  in  scripture,  and  g 
rians  in  almost  all  cases  Whatsoever, 
apply  this : 

Overt-foit  is  used  not  in  opposition  t 
for  there's  no  sucK  thin^  mentioned ;  , 
added  in  contradistinction  to  that  wh 
before  specified,  viz.  thoughts,  and  i 
imagination  and  con^iaming;  and  I 
overt-fait  must  mean  any  open,  manifi 
as  cfui  truly  discover  those  thoughts, 
proveably  attaint  the  traitor  of  such  hi 
nation ;  and  it  is  a  most  natural  am 
mode  of  speech,  if  they  did  intend,  as  i 
doubtedly  they  dkl,  that  the  thoiMj|fat  si 
the  thing  prohibited,  then  'tis  asplain  ai 
tended  by  the  word  *  fait'  any  discover] 
thoMght  by  words  ar  actions :  and  so  n 
ton  m  10  H,  6.  'Qiat  to  miagma  tl 


mi  STATE  TRIALS,  S5CiiAttS8lL  l€9S.^tlrkl^WUBmZMriKMi$ia,  iTfS 


M'theldiij^ntmioiiftlMNigliliedoiio  act  to- 
wards it,  if  sodi  mngJbiilioD  be  dbdosed,  that 
it  can  be  tried  i^  he  did  to  think  and  imaffine. 
If  ihatthoogbta  and  worda  are  mentioiied  ooth 
in  a  flentenoe,  and  aftervraida  deedi  in  oppo- 
aitioii,  then  the  hat  will  ezchide  both  the  for- 
mer; bot  here,  when  naed  only  in  oontndiB- 
thidion  with  thoughta,  it  aeeins  plainly  other- 
itiae.  Thai  dped*  when  used  in  opposition  to 
thoaght,  dodi  inchide  both  words  and  acts, 
Bone  can  deny  ;  a  thousand  instances  mi^ht  be 
given  of  it ;  and  in  the  ezaetest  propne^  of 
speech,  words  are  deeds  when  as  oontrailis- 
tingnished  from  thonghts ;  for  the  soul  diinks, 
even  as  abstractedly  considered  from  the  body, 
hut  man  ne^erspeaks  without  action  and  mo- 
lion :  &e  diflerence  is  plain,  and  needs  no  ex- 
plication.   Bat  farther : 

I  ivoold  fain  know,  what  is  a  consult  or  plot, 
hot  the  mntoal  and  recinrocal  declaration  of 
two  or  more  tnitors  minii  each  to  the  other  ? 
Each  dechttes  his  traitoroos  imagination  by 
words,  and  ao  of  an  agreement  to  commit  the 
actaal  murder,  *tis  but  a  declaration  of  their 
■Binds  by  words  each  to  the  other,  only  they  do 
hap^  to  agree.  Now  suppose  one  man  thmks 
and  intends  to  destroy  the  kii^,  and  by  words 
doth  wfllhigly,  delibarateif  ,  and  advisedly  de- 
clare this  to  another  that  is  not  of  his  mind, 
'tfaoogh  hv  mistake  is  thought  to  be  such,  is 
iWttliia  the  same  thing?  Ifamantraiteroiisfy 
nifers  and  promises  to  another  a  thousand 
ponnds  to  perpetrate  the  villainous  act ;  if  he 
accept  it,  and  a  parole  agreement  is  made  be- 
tween thtem  accoidinglT,  surely  the  apoloeists 
Ibr  treason  will  ajrree  that  to  be  an  overt  thing, 
and  both  guihy,  if  it  can  be  proved  by  two  wit- 
nesses of  credit  Suppose  then  the  party  of- 
Ibred  and  promised  doth  abhor  and  refuse,  wfll 
that  make  a  distinction  ?  If  it  does,  'tis  v^ith- 
ont  a  difierenoe :  perhaps  the  word  *  consult*  will 
be  called  a  new  cant;  we  know  whose  coin  it 
{s,  and  who  gave  it  the  first  stamp ;  twas  no 
less  a  man  than  sir  William  Jones,  who  «t  the 
time  of  such  hb  inrention  was  no  prerogative 
lawTer,  though  considerably  so  in  times  then 
lately  past :  nor  is  it  imamnable  what  is  the 


words  been  cvidehce  of  a  oonpasBiM^,  ^ss.  w 
ttcy  wcfe  only  abndenas  and  i«fleelive,ithBd 
been  otherwise;  and- the  Instances  thereni 
mentioned  are  full  to  this,  as  John  Qmdc^a  iD- 
dictment  was  only  fur  words  to  king  lieu*Ty 
nnkas^mding^ up  and speakingwiir alts ifae 
ha  Olqpsham'a 


meaning  of  a  conspiracy  or  plot  to  take  away 
the  king's  lifb,  bnt  a  communication  by  wpr^ 
between  several  traitors  concerning  such^'act, 
and  the  methods  of  its  accompKshment,  and  a 
declaration  by  words  of  each  man^s  being  fixed 
in  that  purpose;  which,  if  it  be  pM>ved  by  suf- 
ficient -testimony,  will  undoubtedly  be  an  evi- 
dence of  a  compassing,  dec.  which  is  the  treason 
prohibited  and  punishable;  nor  can  the  meeting 
inake  it  more  so ;  for  they  could  not  discourse 
unless  they  met ;  and  therefore  'tis  the  words 
enly  that  are  the  manifest  overt-fait  Nor  doth 
Hugh  Ppe's  case  or  the  resolution  of  the 
•judges  therein,  contradict  this,  notwithstanding 
the  confidence  of  the  iteraarker,  that  it  did ; 
they  onl^  say,  that  the  words  in  that  case  were 
not  treason,  that' those  words  were  not  an  evi- 
dence of  compassing,  that  for  those  words  he 
cotlld  not  be  indicted  upon' that  statote ;  but 
'iNropinjoii  doA  pbinfy irapljr,  tkathad  the 


case:  Thomas  Kniver's,  John 
John  BIhfield's,  are  all  Ibr  words,  and 
others  there  qiecilled.  Besides  it  is 
able,thatin  most  indictmentooB  this 
some  wovdi  have  been  alledged  in  them  as  an 
over-fait,  to  demenslvate  the  imaginatioB,  whick 
would  be  impertinent,  if  the  law  were  thoovht 
otherwise,  i  will  not  insist  on  OoUedge^  he* 
cause  the  case  hath  been  cavilled  at,  tfaottpli 
widi  no  colour  as  to  the  indictment :  pwt  of  n- 
trick  Harding's  indictment  was  logvendapmk^ 
iicamt ;  but  I'll  not  dwell  on  that,  bgcaiBM 
fiNdisbly  drawn ;  bnt  Arthur  OroghagoB** 
Case  in  Gro.  Car.  is  pretty  full,  and  for  wonln  ; 
and  the  words  of  the  book  are,  That  die  trai- 
terons  intent  and  imagination  of  his  heaK  was 
declared  by  his  wordbt,  and  therefore  heU^higb 
treason  vrithin  the  express  provision  of  95  Edir. 
3,  and  upon  his  commg  into  England  he  sraa 
arrested.  See,  New  no  answer  can  be  to  tlus, 
bot  that  he  came  into  England ;  bnt  the  worda 
only  shewed  his  intent,  and  by  that  book  tlift 
words  are  alledged  as  the  overt*fait;  beadea 
the  case  of  Blanchflower  and  Atwood,  Midh. 
5  Jac.  1,  B.  K.  in  Yelrerton's  Reports  lor» 
per  curiam,  resohred  that  words  may  be  trea.- 
son,  and  that  is  an  express  resolntien ;  fbrthoia 
was  then  no  temporary  law  in  b^ngconcena- 
ing  parole  treasons,  that  I  know  of.  Hm  eaaa 
nf  Berisfbrd  and  Presse,  Hill.  8  Jsc.  1.  B.  R. 
Yelvert.  197;  adjudged,  That  treason  may  be 
committed  by  speech  as  weH  as  by  act,  for  any 
thing  which  discovers  the  mind  of  a  man  to  he 
traitorous  to  his  soyereign,  is  capital  to  Uie 
party :  Hifccham  ad  Brook  Pssob.  1  Car.  i. 
Hutt.  75,  held  per  cur.  That  the  speaking  <vf 
tiieason  was  treason,  and  that  <  sermo  est  indax 
animi,'  as  well  as  preadiing  or  writing ;  aiMl 
no  man  can  doubt  but  those  are  acts,  and 
speech  is  as  much  so. 

Besides,  if  the  consequence  of  the  contiasy 
doctrine  be  well  considered,  'twill  appear  to  be.a 
plain  evasion  of  the  statote  of  S5  £dw.  S,  as  is 
manifest  upon  the  reading  it :  and  the  common 
books  are  ritll  of  this ;  for  otherwise  no  action 
coukl  lie  for  saying  a  man  hath  spoke  treascm. 
But  here's  enough  said  to  answer  the  challenge, 
Where's  the  authority  for  such  an  assertion  ? 
Thoujgffa  infinitely  more  might  be  said  fbr  tt^; 
nay,  it  is  as  easy  to  dumb-mund  the  centrarVy 
as  'tis  to  tnuiBcnbe  taw  cases.    If  this  dolh  not 
Ipve  them  satisfaction,  they  shall  remain  unsa* 
tisfied  tor  me,  I'll  plat^fue  the  work!  ne  move 
with  writing  on  this  diill,  flat,  nupfofitable  sn^ 
ject,  crown  law,  lest  1  should  provoke  our  new 
scriblers  to  double  the  plague  ay  their  vepliea  » 
if  they  attempt  an  answer,  I'll  leave  the  tobao^ 
conist  and  grocer  to  eonfhto  them  i  andnnleaa 
a  trunk  or  oand-box  chance  to  bring  them  to 
my  Tiew,  I'll  never  be  tempted  to  read  thens  i 
and  ef  diis  the^  maj^  astafe  tkciBstircs,  I  si^ 


n7l  STAT£  TMALS.  55  €h AKLB8  11.  l68,3.— /m-  Bigk  TWcioii.  [77* 


HlocoipyiimiiBttfae  retder  with  fttieiiec  (o 
f&tm^  tbe  rest  o^lhe  tticcly  being  aBcerteined 
MfTflTlo  hevnioreaiitySt  letat Mi firom this 


Seme  pohaps  mtv  winder  it  the  rmmm  of 
the  puMfCatioQ  of  these  sheets,  aad  oonceive 
tben'  the  fvodQct  ef  nslioe  on  one  side,  as 
those  ▼irokiit  peomUelB  treoo,  the  other :  to 
solre  that  sevaple,  I  deed  only  repest  the  rea- 
sons slledgied  n  the  first;  bnt  a  re|Metition  is 
damaaUy  duO,  as  well  as  tedioos  and  vkaome : 
ni  tberaibre  adda  new  pne,  and  that's  to  sltew 
iSke  resssnablenesB  as  wdl  as'the  necessity  of  a 
MMral,  indflfiiiite,  spee^  set  of  oblivion ;  Ibr 
though  the  Uood-hoanA  fret,  and  hoff,  and 
honnoe,  as  if  all  their  madness  and  mgt  were, 
ihmided  on  a  true  basis ;  yet  'tis  apparent  from 
tbo  prsmises,  that  thttr  foundation  is  fikke,  and 
the  law  is  direct  and  plain  in  their  teeth,  and 
doth  and  will  justify  in  most  of  the  partkulan, 
at  whicb  they  foam'  their  cones  and  ezeera* 
tioofl.  Reason  therefore,  as  well  as  necessity, 
injoins  a  silenoe  as  to  what  is  past,  for.other- 
wme  the  kingdoin^an  norer  have  ito  desired  sa- 
tiofiKtion:  mr  in  poiats  justifiable,  or  at  least 
doubtfid,  the  justice  of  inflicting  punishments 
can  never  be  vindicated.  IMd  1  cau  them  pu-* 
nishni^ts?  I  beg  the  reader's  pankm  for  the 
jmpnspriely;  however  I'D  ih&  name  their 
proper  tern,  bot  wiih,calmne»  eadeavour  to 
evince  ^ree  things. 

1«  That  it  woold  be  grateful  to  the  nation  in 
MMml,  and  erery  good  man  in  particular.  S. 
CoBductng  to  the  settlement  and  interest  of  the 
goverament.  And  hntly,  That  'tis 
wiih,  and  promotire  of,  the  highest 


First,  the  nation  did  and  doth  enect  it,  for 
iwengo  is   never  natural  but  when  freshly 
jporsoed,  and  time  wears  off  the  sense  of 
vy wifs,  by  the  interreotion  of  new  ones  either 
rnl  or  imaginary,  which  b  all  one  as  to  this 
pnrpose :  The  homr  of  any  crime,  or  at  least 
ihodeleststion  of  the  criminal,  grows  faint  and 
hmgttid  upon  the  removal  of  the  obfcct,  especi- 
ally if  time  interposes  with  the  accession  of 
yruscnt  fears,  which  at  present  do  more  affect 
us  than  greater,  if  more  distant.    It  can  never 
Iheretore  be  thought  the  desire  of  die  people  of 
England,  to  have  their  neighbours  or  acquain- 
tance  harrssscd  and  persemitedby  fines,  con- 
Hacations,  imprisonments,  mariks  of  disgrace,  or 
the  like,  for  actionsdooe  in  the  last  or  former 
reigns,  nboct  which  the  world  hath  been  io 
much  divided,  if  lawful  or  not:  Besides,  that 
this  was  the  gencnl  eipectstion  of  the  Idng- 
dom  on  -die  new -settlement,  or  at  lesst  the  oo- 
foaation,  of  which  nature  thoni  never  was  an 
instsnco  before  this  without  an  act  of  grace ; 
and  it  is  nmst  |dain,  tliat  none  are  adversaries 
to  it,  but  the  republicans  and  the  Jacobites,  not 
Ibr  that  they  need  it  not,  ss  I  shall  shew  anon, 
hntfordiflersnt  ^pds ;  each  drives  a^and wishes 
a  change,  it  msttsm  not  to  what;  forif  to  the 
kttcr.the  other  .bines  a  commonwealth  will 
hethemoredesirsbie:  If  the  republican  sac- 
feeds,  4^  the  other  beiisviss  niestontipntbe 


more  easy  ;  bot  both  dislike  the  present,  and 
therefore  firead  a  setttemeat,  and  consequently 
dread  the  peofde's  satistaction  and  quiet  omier 
their  majesties,  and  consequently  dread  an  act 
of  indemuita|r :  It  is  true,  the  cry  for  vengeance 
islood,  but  it  is  only  from  these  two  comers; 
which  leadl  to  the  second  paiticular,  that. 

It  will  establish  and  projoote  the  interest  of 
the  present  ffov^mmeot ;  While  the  popular 
bully  is  full  of  damme's  and  menaces,  ttrere  is 
certainly  danger,  and  where  there  is  danger^ 
there  is  fear ;  now  fear  causes  an  aversion, 
and  aversion  begets  liatred ;  and  the  digectof  it 
is  that  from  whence  the  supposed  danger 
arises,  which  is  from  the'  government  irritated 
by  the  venom  and  fary  of'  those  hot-headed 
animals:  What^ever  batii  power  and  will  to 
hurt  me,  must  and  will  be  abhorred;  and 
though  none  are  immediate  actual  patients,  yet 
the  King  possibly  obnoziousto  it,  uid  the  want 
of  security  for  the  contrary,  doth  of  necessity 
cod  tbeir  respect  to  the  present  power,  oodcr 
which  they  are  not  safe ;  and  this  tesspts  them 
and  their  friends  upon  contrivances  and  at- 
tempts of  danger,  both  to  themselves  and  the 
public ;  and  danj^  by  the  attempt  is  no  dis- 
courajzement  where  the  Kke  danger  attends 
their  forbearance :  and  this  is  of  weight,  unless 
Cromwell's  politics  be  thought  christian,  to 
cherish  and  promote  a  plot,  as  of  advantage  to 
settlement^  if  reasonably  discovered,  and  sob- 
tilly  managed ;  but  however  it  is  as  true,  that 
enemies  who  are  desperate,  ought  never  to  be 
thought  inconsiderable  ;  fbr  tbey  may  shake 
and  batter  what  they -can't  destroy,  they  may 
do  mischief,  though  they  can't  work  ruin,  to 
their  adversaries ;  upon  which  account,  the 
temptation  of  continual  impending  danger  is 
fit  to  be  removed;    Besides, 

Tlie  waniof  security,  and  the  fear  of  danger, 
making  men  uneasy  m  their  thongbta,  reple* 
mshes  them  with  complaints  and  mormors  at 
every  aukwai'd  action,  or  supposed  miscarriage 
of  the  government  feared ;  it  makes  them  mu- 
tineers at  public  taxes  and  impositions,  partly 
because  they  think  it  strengthens  and  increases 
die  power  of  hurting  them,  and  partly  because  • 
it  sponges  and  bleeds  them  of  that,  which  (hey 
fear  an  occasion  Of  themselves  to  bribe  black* 
rods,  seijeant;^  at  arms,  and  other  gaolers  with ; 
and  in  a<dosrionstnre  when  extraordinary  i^ds 
are  indispeaSably  requisite,  no  temptation  to 
comphuM  i#deservingi  of  countenance ;  besides, 
that  it  cramps  trade,  and  discourages  projects 
for  public  good,  &c.  Bot  farther,  it  is  the  Mf - 
mg,  not  the  dead,  the  happy,  contented,  and 
chearfal,  and  free,  not;  the  oppiessed,  miserable, 
forlorn,  or  imprisoned  sobfcct,  that  doth  service 
to  the  crown  end  the  pubhc. 

It  hinders  sU  such  as  are  thought  to  be  so 
obnoxious  from  any  boM  essays  for  the  nee  of 
the  present  govetnmeni ;  fortnatif  soccem  be 
theattendant  of  such  then-  attempt,  they  con* 
tiaae  unsafe  notwithstanding ;  fo»noman  will 
adventure  an  hazard  to  secure  that  anthorily, 
ahidi  be  is  not  sure  will  makeUmsaih,  if  he 
dsch  nndcymhs  the  peseot  adfMtore,-  tnd| 


trsii  STATEtAULS,35CuARLBsIt  ms.^Triri^ffVmmLoriRmta.  [780 


»iie>pw  tliAtdanf er,  aad  performs  the  aervioa ; 
ct»  tbataelf-Drewiratioa  renders  it  their  policy 
Ii9  iwhiAge  tkeoMelFeB  from,  or  to  be  shv  of  the 
nreseot  power;  of  which  aooDsidersbfe  num- 
Wr  might  prove  qseful  friends,  which  are  no|W 
iituters  at  least,  if  notentaiies. 

ItisohserraUeinahforeign  p^Ucies,  either 
lo  work  a  total  eKtirpation  oT  the  whole  party, 
or  an  unireraal  indemnity,  after  so  gi<and  a  rt- 
•voltitioo  as  this  was  ^  the  former  is  not  to  be 
practised  here,  for  two  reasons:  1.  Because  we 
.  vaot  people :  2.  Many  pf  our  friends  must  be 
Ipanishedloo,  for  divers  oif  the  supposed  crimi- 
nals were  instrumental  to  the  present  dhiwige, 
&C.  Eivo  the  latter  only  is,  and  'can  be  niost 
.adrisabte;  for  once  I  will  suppose  their  num- 
ber hut  ^maJl,  in  comparison  to  thc^  sau^ts  and 
ittBoceiits  (if  any  such  there  are  in  tbe  nation); 
vet  under  our  oreaeot  circumstances,  all  are  to 
be  obliged  as  mends  that  possibly  may  ;  but  if 
the  Ihirteien  heads,  with  the  surrenderers  clause 
•nd  all  its  and  their  subdimons  had  been  re- 
duced into  a  law,  in  the  designed  act  of  attain- 
^r,.  one  third  at  least  of  the  nation  had  been 
involved,  who,  'with  their  d^bli^ed  r^atives 
«id  depeodanto,  is  not  so  contemptible  a  flock, 
tbooKh  bat  of  sheep  for  the  slaughter.  Besides, 
i  It  IS  impolitic,  as  well  as  unjust,  to  deny  oi 
delay  it  to  those  who  hare  submitted  to  the 
government,  yielded  it  obedieii&ce,  and  quietly 
Eove  its  puiuic  charges  according  to  their 
-proportion,  and  ^et  give  a  free,  full, and  g^ie- 
ral  psxdon  both  m  Scotland  and  IreUnd,  to  all 
ihat  took  up  arms,  for  all  their  sins  then  past 
and  preasnt :  It  provokes  the  former,  to  repent 
the  noo- concurrence  with  the  latter,  for  it  was 
but  nsuming  their  quiet  and  submission  at 
plca^Dse^apdthen  they  were  safe,  which  now 
they  are  not,  but  under  continued  roenttoes  and 
dai^pera  of  both,  as  appears  in  their  being 
baited  bv  ev«y  barking  cur,  that  can  but 
write  with  gall  in  his  ink,  or  speak  with  a  damme 

^   in  his  moijSh. 

£xperieoce  farther  tells  us,  diat  nothing 
turns  or  changes  the  humour  of  the  English 
€om\noner,  like  rage,  insolence,  and  .cruelty  in 

.  their  fellow  subjects,  when  mAde  superiors, 
and  such  is  nddns^  into  old  sores  thought  to  be ; 
it  matters  not  whether  justly  or  no  as  to  this 
purpose,  the  effect  is  generally  such :  The 
Star*chamber  in  Car.  1.  his  tiume,  the  Mi(ior- 
generalj  in  Cromwell's :  The  Tophamizing  of 
abhorrers  in  Car.  S.  his  time:  The  western 
eampaigUvand  the  other  criminal  prosecutions 
in  the  b^nninj^  of  Jac.  S.  I  say,  all  the 
violenceB  used  in  these  several  periods  (and 

3'ei  they  have  their  respective  provocations) 
id  most  notoriously  aher  the  kidney  of  the 
Commons,  and  made  even  tbdr  once  beloved 
'first  dfeadfiil  and  terrible,  then  odious  and 
loathsome ;  they  produced  considerable  changes 
in  their  several  consequences :  1  could  oome 
nearer  home,  even  to  the  teasing  of  Moor  and 
Vorth,  and  other  citizens  of  liondoD,  which 
Arst  turned  the  stomach  of  that  city,  as  is  now 
apparent ;  but  w<  verhkm^  &c.  But  larther, 
The  «mnt  of  this  Kudnrs  both  the  pohi^ 


and  howw  ^f  the  gre^t  belhvartt  fior^veQ-. 
geanoe  tp  be  justly  smme<^:  1.  Their 
honour  in  taking  p(vre  of  theidr  owu.servanlay 
for  ail  their  excesses  upon  tfa^  Revolution,  um| 
GAposing  the  indemnity  of  aU  others,  as  by 
th^  act  ap^eara.  %»  Tfeir  policy ;  lor  that  n 
is  observable  in  stscy,  that  the  ajimMatioR  in 
queen  Ehzabeth's  time»  was  under  a  pratsstnat 
prince  for  the  protsatattt  veligion,  and  nft  ill 
supoesa  ^Utendeo  it,  yet  those  w^  a«ioeslora  ^ 
ours  thought  fit  to  secure  themselves,  1^  tuna* 
iug  the  associaiioB  into  a  laH^,  and  %  gaaer^ 
act  of  indemoitj ;  1  do  not  say  they  needed  tt, 
but  die  atesociators  in  that  reign  thought  it 
need^  i  and  it  is  very  eonsideraMe,  that  in 
po  reign  WM  ^^^f^  mox^  peace  and  quiet  tluua 
in  ber^i,  and  in  none  were  there  ever  nuwe  firee 
and  general  pardons :  and  in  truth  the  latter 
was  the  occasion  of  the  former;  for  wbcn 
men  are  once  safe  and  quiet,  no  small  tempdta* 
tions  will  provoke  any  more  adventurenn, 
though  they  like  another  bettor^et  men  betM§^ 
easy  are  generally  eontented*  liiera  waa  our 
tree  and  general  pardon  of  the  queen's  at  ftrat 
confirmed,  5  Elu.  cap.  11.  aiMitber  8  Bin. 
cap.  16. 13  Eliz.  can.  98.  18  Eiis.  cap,  M.  3S 
<Eliz.  csp.  16.  %7  Eliz.  cap.  30.  d9Biis.  caft.  Ol 
31  Eliz.  cap.  16.  36  Elia.  cap.  14.  39  taSm. 
cap.  28.  43  £Ii«.  cap.  10.  Blevep  in  nwaher, 
and  never  five  years  without  a  peiiiaiaeift-pKr- 
don,  and  this  made  pariiaments  and  erpuns  Aik 
darling  and  desire  of  the  people.  Beside^  it 
is  the  interestof  eadi  partyanMNigst  us,  thoo^ 
soinedonotseeit;  the  Whig  ought  to  pro- 
n^iote  it  for  two  reasons;  1.  Lest  being  the 
lesser  part  \^  chanoe  to  feel  the  want  of  ift^ 
and  for  that  be  hath  given  seme  provocatUNi. 
3.  That  if  it  foe  the  greater,  die  memory  of  his 
vengeauce  and  fiiry  may  be  fi>rgotteQ,  susdl 
himself  restored  to  the  good  opinion  of  the 
rest  of  mankind,  by  one  act  at  lesjtof  good 
nature :  The  Tory  ought  to  pursue  die  same 
measures,  and  much  for  the  same  ressoos,  for 
his  top-gallantry  hath  been,«ndif  re^practioed 
will  be  aga^  as  odious  and  leathsome  to  the 
moderate  and  good,  as  ever,  it  was,  or  as  the 
others  could  be.  Temper  therefore  is  now  the 
game,  and  a  veil  ows  all  tb^t  is  pastiseer^ 
tsinly  the  most  poUlie,  especiaUy  considerine 
the  multitude  of  the  supposed  crbninals,  anid 
the  justice  of  their  several  eaoases,  which 
.comes  next.    For, 

Lastly,  it  is  consistent  widi,  and  promodve 
<tf  the  true  and  highest  jo8tk»  ;  ibr  mmsstof 
the  cases  the  law  was  doubtful,  and  to  puninh 
4ipinion  in  matter  of  law  is  as  unjust,  aa  te  per- 
-secute  mistakes  in  matters  of  religion  is  un- 
christiaH ;  and  new  laws  Ibr  govemnant  die 
Jutva^Q  are  more  agieeahle  to  natural  eoui^, 
than  a  retrospective  lur^  ;  that  it  was  do«miil, 
is  plain,  the  modcni  scnblera  have  sufi&cienil|f 
.  proved  it.  In  two  of  the  jtMes  cited  they  dii* 
fer  thumselves ;  for  Dr.  Stasy's  Case,  the  De- 
fender cries,  it  isnet  law,  the  Kemarker  •greea 
it  is,  and  that  he  was  well  hanged  \  forfluii- 
ket's  Csse,  the  Defender  cries,  he  was  wA 
hanged^,  ftr  there  wa^  treuon  eiiaogh  in  bia 


rsi]  9tkTE  TUlALi^  3i  CitAltLes  ^I.  \6^S.^for  Sigh  1kt»0n.  [^VK 


cbarce,  Ibe  Remarker  insimiates  as  if  lie  stf- 
feredliardly ;» now,  what  shat!  a  Httle  lawyer 
believe  Setween  these  two  great  bodies  of  learn- 
ing ?  The  like  may  be  s^d  of  Soame's  Case, 
aod  the  other  above  mentioned'.  Sat  what  is 
more :  In  the  volaminous  argument  against  the 
ifispensing power,  owned  by  sir  R.  A.  he  doth 
eoocede,  tfiat  tbene  are  aome  Arerogatirep  90 
personally  and  inseparably  inherent  in  the 
crown,  that  no  act  of  parlmraent  cab  cramp  or 
dintniab,  or  at  ICBittake  aWay ;  and  that  belnr 
granted,  I  am  tm^aU  that  tha  rest  of  tbebook 
Miys  oan  never  make  that  a  phdn  ease,  and  in 
tradi  his  own  argmnent  shews  and  leaves. it 
a  ^iaptitable  point ;  and  if  that  were  doubtfal, 
ev<ery  partienlar  else  may  well  be  boried  in 
oblivion  ;  besides,  in  cases  of  'constraction, 
tlie  nature  ot'  the  thing  admits  of  no  doubt, 
and  then  there  is  no  colour  for  punishment. 


*  In  respect  of  tnfefior  peisons,  by  our  oonsti- 
tutton,  they  are  obliged  to  submit  to  nod  follow 
Westminster- halt,  which  is  the'  Lejt  hquens 
AngUm^  and  when  all  these  things  ave  duly 
considered,  there  win  remain  but  few  gnmd 
esxecrable  eriminals,  who  were  fit  to  be  made 
dumpies  of,  only  to  tickle  some,  aggrieve 
others,  and  terrify  none ;  for  that  will  M  the 
etaseqpoenee ;  fpr  that  is  the  case  of  all  vio- 
lenee,  where  the  juatice  of  the  thing  is  not  dear 
and  iindonbted.    ThentetfXceptiens; 

liSt  us  think  a  little:  Is  it  reasonable  that 
aome  should  suffer  for  no^  belag^  alVaid  of  pu* 
mshments  never  declared  or  pmmuljfated,  and 
oChera  should  isscape,  because  their  eounte-' 
oaodes  are  mofe  mwning,  or  that  by  consent 
their  relations  have  played  on  the  other  side, 
or  that  their  swinghi|^  fortunes-enable  them  to- 
acatler  mice  for  ueir  personal  indemni^,  or 
that  they  have  had  the  lucky  principle  of  neiiig 
filithful  to  aO  changes,  and  true  to  nothing  else, 
or.  that  they  have  been  ftvward'to  subvert  their 
oM  master,  aftarlbeir  fire  and  fbUy  had  ruined 
hfan,  and  endangered  themselves  r  These  and 
anch-fike  are  no  pleas  for  justice^  and  yet  this 
ii  the  case.    Farther, 

The  drift  is  to  magnify  and  aggrandise  pu- 
AiahmentB  by  UU,  wmch  by  the  standing  laws 
and  common  justice  of  the  realm  coulunot  be 
inflicted ;  and  they  urge  two  reasons  for  it :  1. 
Ttieir  particular  pardons  will  otherwise  excuse 
Ihem.  To  that  I  answer,  etthef  they  are  valid 
in-  law,  or  not ;  if  not,  (hare  is  no  need  of  bills ; 
if  they  are  vafid  in  law,  the  same  law  and  jus- 
tice of  th^  kmd  injoin  their  allowance;  even 
the  same  law  by  which  the  country -man  plows 
his  land,  the  gentleman  receives  his  rent,  the 
trader  recovers- his  debt,  and  Iheaenator  sila  in 
the  house  \  and  by  the  same  teason  that  ^ese 
i^oy  their  properties,  the  criminal  ooffht  to 
have  his  pardon  allowed,  fbr  one  is  a  right  ac- 
crued by  the  law,  as  well  as  the  other.  S.  The 
common  channel  is  too  smootti;  severity  is 
aometimes  necessary,  aod  that  now,  if  ever ; 
and  therefore  the  legiadadve  authori^  ought  to 
erert  Its  power,  and  punish  acconuag  to  de- 
merit   1x»  answer  that,  I  say,  tidied  Ibty  are 


no  offences  by  law,  and  there  needs  a  hQI  tt^' 
make  them  such,  and  inflict  iftvils  upon  them 
as  such ;  or  else  they  are  offences,  but  deserve 
a  greater  punisbment  than  a  oommon  court 
may  oronounoe :  Now,  if  theik^  be  the^ase, 
then  1  am  sure  it  is  rank,  palpable-,  t^yrannical 
ii\^ustioe,  and  that  bthe  plague  of  living  under 
an  arbitrary  power,  fbr  none  can  know  What  ia  - 
not  criminal :  If  they  mean  the  Latter,  as  I 
'suppose  they  do,  then  I  ask,  to  ifvhat  end  Vera 
puntsfaments  invented  in  societies^  but  |d  ve- 
stratn   men   from    doing  particular   aatioWvr 
'through  the  power  and  u&aenoeof  fear  ?  And  i 
how  txnM  that  consequence  be  expected,  when 
'the  penalty  was  never  known  beforeit  is  in- 
flicted ?  Atad  to  inflict  an  evil  afterwards,  which 
was  not  known  before,  is  to  make  a  man.  suffer 
that  whkh  he  oould  not  fto,  because  he  ooold 
not  know  it,  and  this  because  be  did  not  fear- 
it:  And  the  justice  of  that  is  plaih  too. 

I  agrao  with  the  satirists,  that  Uiere  are 
soDM  preoedenta  of  this  last  method  of  proceed- » 
ing,  but  meet  of  them  are  repealed;  I  will 
name  two  that  are  so,  the  earl  of  Strafford's,  ^ 
which  the  very  law  i^elf  did  injoin  posterity  * 
not  to  obaerve,  Or  foHow,  or  do'  the  like.  I 
cannot  foiget  one  expression  of  his,  to  this  ef-. 
feet,  upon  the  trial :  If  there  be  an  enpor  in  a 
judge,  80  that  he  give  a  aeatenoe  otherwise 
than  a  man  of  better  understandiuf  eoaceives 
reason  fbr,  there  is  no  cause  the  o^^ee  should 
be  heightened,  because  he  was  not  so  wis^  a 
paan  as  he  might  have  been,  nor  so  understand- 
ing as  another ;  which  if  allowed^  will  Rudce  it 
more  digible  to  folk>w  a  plow  thsua  serve  a  go- 
vernment, to  dig  in'  a  ditch  than  bear  an  offioa  ^ 
for  all  men  stand  obnoxkHis  to  the  coostruotipna' 
and  jpassions  of  succeeding  times.  There  ia* 
one  mstance  mure,  and  that  was  sir  Thomaa 
Haxey's,  who  was  attainted  for  treason,  for 
brinj^mg  in  a  bill  into  the  oommoos  bouao 
against  the  prerogative,  though  whfle  and  as  a 
member:  I  suppose  the  sparks  will tiot  much 
applaud  the  justuse  of  that  procedure  fbr  their 
own  sakes ;  but,  as  I  said  bef<ipe,  that,  and 
most  others  of  their  precedenta,  were  repealed, 
when  a  cooler  assembly  noet  i^K>n  thenaxt 
session,  and  so  wasllaatey'^  in  1  Hen.  4. 
Gott  Abr.  RjBC.  36S,  3dS. 

But  if  vengeance  be  requisite,  it  ouffkt  io  bo 
without  respect  of  pertNms,  tiie  justme  of  it 
oughtto  be  impartial,  true,  and  catholic:  And 
tfien  come  in  tlie  pensioners  and  aurrendersn^ 
(he  relators  'and  "promisers,  the  old,  higb 
eommiMMiners,  and  the  new  oreed*makers,  &c^ 
and,  God  knows,  qttu  aon,  dec.  To  cooolade^ 
our  Saviour's  rule,  if  obsc<rvod,  will  be  the  mmt 
'  infallible  indemnity  that  can  he  oomtrived,  and 
that  is,  John  viH.  7. '  Let  him  thatis  without 
sin  amongst  you,  cast  the  first  stdne.  And  in 
truth  a  censor  of  the  manners  of  others  ought 
himsiSlf  to  be  pure,  dean,  and  innocent,  t»  omiia 
re  quacun^e ;  and  if  there  be  no  danger  but 
firom  sudh,  I  am  sure  there  is  no  dan|[ler  at  all, 
and  that  it  should  be  so,  is  the  truest  juslieoiA 
die  world,  guodfuit  probandum. 

1  wyi  not  mentiao  the  argument  froaatiio 


7M]  STATE  TRIAti  85CHAfttBsII.  l6t5.^THtU qfWiBkmUrdRMi9M,  [784 

vactticj,  that  the  gOTemment  was  dinolred, 
crery  thing  rednoed  into  its  prinutive  state  of 
iiatiife,aH  power  devolTod  into  indivMliia&By  ao4 
the  particolara  only  to  profide  for  UicinadTes 
hy^LUgw  oontractj  for  if  to,  thereiiyetoo 


for  panMhinoit  «f  aola  doM  before 
thedinriotioo,  jkod  cQnae||iieiitiy  refcoge  fb^ 
thatiealanciM;  indemmty  therefore  ought  to 
be  promoted  J>y  those  who  made  diet  vote  for 
otherwise  Ifaeir  truth  may  be  snapeeted,  6co. 


The  Lord  Russell  s  Innocency  further    defended ;    in  answer 
to  The  Magistracy  and  Government  of  England  vindicated. 

THERE  is  a  pamphlet  Tory  latdypoblisbed  first  lettefs  of  (his  anther's  naae  without  caat- 
which  stiles  itself,  TbeMagiatrac^  UKtOorem-  ing  of  a  figure.  His  amuneot  ib  law  plainlyr 
nent  of  England  vindicated,  "P^M  ^  profeanon^aiid  what  robe  he  wears  ; 

It  appears  by  the  fiiHowing  part  of  dietitle,  to 
he  no  less  than  ahistification  of  the  proceedings 
asainst  criminals ;  impudently  declaring,  m 
puin  and  expres  words,  as  aliio  by  all  his  sab- 
sequent  discourse.  That  by  the  Crimbal  he 
means  the  late  lord  Russell,  pag.  2.  column  9.  in 
the  middle  of  it. 

And  the  author  dees  professedly  own,  that 
the  book  is  written  by  way  of  answer  to  a 
small  discourse  or  aivument  lately  printed, 
which  bears  the  title  of'  A  Defence  of  the  late 
*  Lord  Russell's  Innooency.' 

It  argues  a  transcendent  boldness  in  this  an- 
swerer to  call  this  noble  lord  a  Criminal,  and  to 
ittstify  those  procMings  aeainst  him  which  all 
honest  men  erer  accountedno  less  than  murder 
under  a  pretence  and  colour  of  a  legal  pro- 
ceeding, andto  presume  to  publish  such  a  dis- 
course as  this,  after  the  Kinff  and  the  two 
^  Houses  of  PaUiament  have,  by  Sie  most  solemn 
Judgment  that  can  be  j^ven,  pronounced  that 
noUe  lord  to  liate  been  innocent ;  and  thereby 
hare  done  so  g^reat  right  to  his  memory,  and 
that  with  so  high  a  seal,  and  so  i6ighty  a  coBr 
eemment  for  hun,  as  the  like  cannot  be  shewn 
in  former  precedents. 

It  is  most  evident,  that  the  author  was  com  - 
posing  this  scandalous  libel  even  when  he  very 
wdl  uiew  the  biU  wa<i  brought  down  firom  the 
kwds  to  Uie  oommoDS,  fi>r  reversing  this  noble 
lord^s  attainder,  and  the  author  could  not  but  ob- 
serve widi  what  zeal  and  affipction  the  bill 
was  entarta^ied  at  its  first  entrance  into  that 
house. 

The  author,  by  endeavouring  to  conceal  him  • 
sdf,  is  firom  thoice,  as  he  plainly  professes,  en- 
couraged to  take  the  more  liberQr  to  lay  about 
him  in  the  dark,' (as  he  fiuMxes)  and  thinks  to 
escape  unseen  ;  abd  notoi^smkes  at  the  au- 
thor of  the  lord  Russdl's  Defence,  but,  as  &r 
i)s  in  him  Ues,  wounds  that  tioble  lord  in  his  ho- 
nour, whose  justification  and  defence  wassoun- 
dertiJ^en,  and  labours  to  o? erthrow  that  right 
and  justice  that  hath  been  done  by  the  supreme 
authority  of  the  nation. 

'  This  IS  no  way  agreeKUe  to  a  noble  and  sn- 
nerous  soul,  to  come  bebind  a  man  and  stnke 
him  i  it  rather  follows  the  example  of  that  de- 
vilish Powder-Flot,  to  destroy  and  blow  up  the 
king,  and  both  Houses,  and  to  do  it  ut  such  a 
ckManddandestineway,  as  it  should  not  be 
known  who  hurt  them  t  fer  he  was  too  much  a 
oowavd  toset  his  name  to  it 

3Ht  it  is  very  easy  to  teU  yeu  what  are  tlie 
1 


and  his  stil^  and  phrase  of  speakinff  having 
peered  in  so  many  noted  triafa^  as  &  in  so  maoy 
risible  and  leeiUe  characters  ^lisdose  the  au- 
thor ;  sir  R.  8.  docs  under  his  hand  reBdOysui4 
otterlv  discbim  it,  and  is  heartily  believed  in 
what  h6  says. 

This  slanderous  author  acknowledges,  tbatt 
uponthelordRosselPstrial,  some  blamed  the 
jury,  most  censwred  the  witnesses,  but  veij'few 
arraigned  the  counsel  or  court  Here  k 
evidenty  appears  how  oar  author  is  coDoenied« 
first  for  tho  counsel,  and  then  the  court ;  and 
self  hath  the  preference,  though  it  be  here  witk 
a  breach  of  good  manners  to  name  the  coma* 
selbefore  the  court 

Page  1.  He  takes  it  heinously  tbatanygaa- 
tieman  of  the  long  robe  should  appear  inpvtul 
to  ridicule  their  own  profession?  tms  grossly 
rneaks  onr  author  one  that  was  of  counsel  in 
the  trial.    Et  tu  Brute  f 

Ifit  had  been  an  open  enemy,  a  doctor  of 
the  commons  exercismg  his  wit  and  raiHery 
on  the  common  law  proceeding,  then  (as  he  ex- 
presses himself)  this  (author  could  have  home 
It ;  but  he  did  not  imagine  that  satires  and  in* 
veotiyes^upon  past  proceedings  should  be  writ  hy 
lawyers. 

In  reply  to  which  it  may  be  just]  v  ^seid. 
That  when  lawyers'  will  make  use  of  theur  wit 
and  rhetoric,  as  this  Answerer  has  done  to  bol- 
ster up  an  unjust  and  revengeful  proceeding,  end 
out  or  ambitious  designs,  to  get  or  continue  in 
fevour,  and  to  gain  greater  preferment,  or  shew 
their  parts,  wilT  engage  in  causes  lof  blood,  and 
help  to  d«troy  the  mnocent,  and  be  instru^ 
mental  in  subverting  the  laws  and  government^ 
it  is  every  lawyer's  duty,  a^  fer  as  m  bim  Ivbs^ 
to  vindicate  thie  profession,  by  utteriy  disclaim* 
ing  and  abborriog  all  such  practices :  and  the 
Dmnder  can  appeal  to  all  iSaJL  have  known  his 
conversation  for  above  these  ferty  years  and 
under,  whether  ever  he  used  any  such  pitifid, 
mean  and  ungenerous  aits  and  methods,  better 
beoominff  the  stage  than  a  courtDf justice;  and 
whetherneiUd  not,  when  it  was  in  hispower» 
constautly  restrain  and  condemn  that  scanda- 
lous and  disgraceful  way  of  practice.  And  be 
can  as  freelv  appeal  to  all  tbat  will  be  at  tbe 
pains  to  read  his  printed  Argume.it,  (which  this 
concealed  author  so  uiyustly  censures)  whether 
any  such  bitter  reviling  and  revengefid  humour 
appears  in  any  jNut  of  what  he  so  published,  isr 
the  least  reflectbg  on  any  particular  persKm, 
but  only  in  tbe  general,  and  no  farther  thaa 


785]  STATB  mULS,  S$  Chabls$  II.  l6ss^ar  Migh  IMluom. 


[7«« 


Ihe  BMBBJiMliQeaf  the  cawft  dill  eRtwt  frsin 
him ;  ao  fitf  vw  be  iram  this  author's  scurri- 
loui»  and  rode  coume  of  refleotiiig  upon  any 
perwMi'f  private  ooQTeraatiofi  ;  but  some  men  a 
faculties  lie  tbi»  way,  and  tbey  are  very  well 
koovji,  though  aiWr  such  manlifest  and  gross 
provocations,  diaA  have  been  given  by  this  au- 
thor^ pad  such  public  and  scandalous  actings 
•I'  bis  in  the  eye  of  the  world,  it  might  jiiistly  be 
$aid  with  the  poet : 

*  Difficile  est  Satiras  mm  scribere.' 

*  • 

.  The  aodHMT  of  this  Answer,  in  his  first  para- 
gfi^pb)  would  have  the  world  believe,  that  he 
writes  upon  no  other  design  than  to  suoportMa- 
l^istiacy,  au^  the  government ;  a  noble  theme ! 
(as  he  tenn^it).  £very  man  knows  wliat  sort 
of  government  he  laboured  to  support  but  the 
other  da^,  and  bow  f%r  he  was  instrumental  in 
it;  bat  It  is  rather  thought  fit  to  leave  him  to 
^  general  act  of  indemnity  and  oblivion,  than 
take  any  revenge  upon  him 
,  He  seems  to  allow  the  lord  Russell's  defender 
ifk  his  fourth  paragra^di,  to  bean  author  of 
age,  experience,  figure  and  learning  (but  he 
viU  not  ^y  candour  or  honesty).     Thus  he 


The  brd  RusselPs  defiender  is  very  glad  he 
bath  so  little  pf  this  adversary's  oommeodation, 
iJK  k  would  gain  but  small  esteem  amongst 
naea  of  true  worth,  to  becommeuded  by  him.  It 
4night  bfs^toliim,  with  tlie  philosopher  upon 
the  like  occasion,  being  commended  by  an  in- 
frmou^  person,  What  ill  have  I  done,  that  thou 
ahouldest  thus  commend  me  ?  Yet  that  can- 
dour aiid  honesty,  which  he  covertly  refuses  to 
wfUijWj  is  that  .which  the  k)rd  itussell's  defender 
ycefers  belbre  all  this  Answerer's  mencenary  wi)t 
^Ad  rhetpric. 

In  his  fifth  paragraph  heiudgesthe  lord  Rus- 
•ott  very  unibrtunate  to  &li  uqder  the  accusa- 
tion of  treason  ;  and  says,  tliat  noble  lord  was 
most  pitied  of  any  under  those  circumstances: 

iiU/»(y.-'That  noUe  lord's  misfortune  (among 
olber  things)  was  his  ^ling  under  the  hish 
6£  so  bitter  and  sharp  a  tongue  as  your's, 
"W^y  however,,  you  seem  now  to  mention  that 
load  with  pity,  had  then  no  pity  for  him,  but 
naed  him  with  severity,  as  may  appear  by  your 
^wn  printed  narrative  of  that  trtal,  and  your 
i^elocical  fiourialies  in  a  case  of  innocent  blood, 
wh»ch  eootributed  in  a  high  degree  to  inveigle 
4i«  juiy»  M»d  brmg  that  iwble  lord  to  the  scaf- 
fold. 

He  eonfidently  says  in  the  same  paragraph 
thaf  in  truth  the  fiurness  and  i ndiiferency  of 
that  tcial  was  such,  that  his  own  rebtions  were 
pleased- 

£i^^<— How  untmethis  is,  in  both  the  parts 
•fit,  tltotthe.tiial  was  very  fair  and  indifferent, 
wdUiat  his  nearest  relaOons  were  highly  ez- 
v^MBated  and  offended,  shall  appear  before  we 
part 

in  the  flbctb  paraesraph  of  his  sheet,  he  com- 
iWps,  that  the  nieaiory  of  that  unfortunate 
geotfeman  yfw  cevivcd'by  the  publication  of 
|be  deCeoce  of  his  innocenajir. 

rot.  IX. 


Why,  what  hurt  in  the  renviag  of  his  me- 
mory P  His  memory  is  precious,  he  died  a 
martyr  for  his  religion,  and  for  the  rights  and 
hberties  of  bis  country,  and  fdl  a  sacrifice 
under  cruel  and  merciless  hands. 

It  is  indeed  this  Answerer's  eonsciettoe  that 
flies  in  his  6ce;.  the  reviving  of  this  noble 
lord's  memory  speaks  terror  and  amazeraenta 
to  the  Answerer,  Thus  did  bloody  Herod, 
when  he  heard  of  the  fiime  of  Jesus,  he  presently 
cries  out,  This  is  John  whom  I  beheaded. 

He  does  prepare  himself  to  make  use  of  in- 
decent or  disrespectful  language,  ^as  himself 
expresses  it)  and  comforts  himself  with  the 
thought,  that  his  name  shall  not  be  known.  A 
pitiful  and  unmanly  dealing,  not  becoming  a 
person  pretending  to  mgenuity.  The  lord 
Russell's  defender  dealt  otl^wise,  and  owns  bia 
name,  and  will  let  the  world  know  what  thia 
Answerer  is. 

In  the  four  next  ensuing  paragraphs,  he  is 
much  to  seek  for  what  end  and  purpose  the 
lord  Russell's  defence  was  printed  in  that 
pamphlet  (as  his  wonted  rhetoric  tbinl»  fit  to 
call  it). 

It  could  not  be  ^as  he  most  contemptudud  j 
says)  for  consumption  of  paper. 

Nor  for  the  boiwseller's  profit,  for  a  reason  to 
be  guessed  at. 

Forbear,  for  shame,  to  nse  these  sly  and 
siOy  intimations;  they  are  fitter  for  school- 
boys,  or  the  mountebank's  stage>  or  for  BiU 
lings^ate,  than  for  a  man  of  your  figure";  one 
may  be  ashamed  to  have  any  dispute  tvtth  such 
an  empirick,  or  rather  a  Jesting  and  jeering 
Merry  Andrew.  Pray  keep  this  sport  for  tlM 
next  Bartholomew  Fair,  and  learn  more  gra* 
vity  and  civility. 

It  could  not  be  (as  he  farther  proceeds  npeii 
the  same  inquiry)  for  the  sake  of  the  lord 
Russell's  memory,  or  any  of  bis  surviving  re« 
lotions;  for  what  was  written  in  the  lord 
Russell's  defence,  is  (says  he)  but  a  painting  to 
the  life  the  too  deep  concern  of  that  noble  lordj 
in  a  weak  as  well  as  criminal  enteiprize. 

Thia  is  wonderful  boldness  and  «lariog  in  thia 
Answerer,  still  to  pronoance  him  a  criminal, 
(that  noble  lord)  whom  the  supreme  power  of 
the  nation,  and  the  highest  judicature  and 
authority,  have  adjudged  innocent.  And  yet 
he  has  the  impudence  to  intitle  his  undutifnl 
pamphlet.  The  Magistracy  and  Govemnoent  of 
England  vindicated :  and  to  publish  this,  after 
he,  as  well  as  any  man,  knew  that  the  act  of 
parliament  had  passed,  asserting  the  innooency 
of  that  noble  lord,  and  the  barbarity  and  injustice 
of  the  prooeeduigs  against  him :  wherein  thia 
Answerer  had  so  great  an  hand,  and  oo  bitter 
and  sharp  a  lod^ue. 

One  would  think,  that  an  ordinary  wit  might     ^> 
have  served  to  put  him  in  mind,  that  as  yet 
there  is  no  act  of  general  pardon  and  indem- 
nity passed :  and  who  knows  upon  whotai  the  "* 
great  exception  may  light? 

But  he  trives  a  very  just  occasion  to  the 
lord  Russeti's  defender,  to  let  the  world  know 
for  what  end  and  purpose  he  long  since  wnt| 

3  E 


rS7]  STATE  TfllAM,  35  C|iARt»sn.l«S5-—rrifZ«/ira/f«»JL<rrfJl  [7M 


ftnd  to  lately  prmtod,  ro  despised  a  pampbkt ; 
by  whick,  even  his  adversary  may  be  oonWnced 
it  was  DOt  merely  for  consumption  of  paper,  or 
for  the  bookseller's  prodt,  but  truly  for  the  sake 
of  that  lord's  meooory,  in  asserting  his  in- 
nocency,  and  at  the  desire,  and  for  the  sake 
of  his  saryiviog  relations.  And  for  the  truA 
of  what  is  thos  affimied,  lie  does  appeal  to 
those  noUe  relations  of  his  who  are  yet  alive. 

While  that  noble  lord  was  upon  his  trial,  or 
▼ery  soon  after,  there  came  a  letter  to  his  de- 
fenoer's  hand,  who  was  then  in  the  country, 
near  eighty  miles  from  London,  and  this  from 
a  person  or  great  honour,  and  one  of  the  near- 
est relations  to  that  noble  lord,  requestinsr  the 
author  of  his  defence  to  afibrdthe  best  advice 
be  could  j  and  accordingly  he  heartily  and 
freely  gave  it :  much  of  which  does  appear  by 
what  is  printed  by  him. 
'  This  was  not  the  only  letter  he  received  from 
that  lord's  great  relations  upon  that  sad  oc- 
casion :  but  after  that  bloody  stroke  had  been 
given,  a  paper  was  published,- as  the  speech  in- 
tended by  tnat  dying  lord. 

in  answer  to  which,  the  now  Answerer  and 
adversary  (as  is  too  evident)  did  publish  his 
first  pamphlet,  intitled.  An  Antidote  against 
Poison,  composed  (to  use  bis  own  words)  of 
some  remarKs  upon  the  paper  printed  by  the 
directk>n  ofthe  lady  Russell,  ano  mentioned  to 
have  been  delivered  by  the  lord  Russell  to  the 
•herifla  at  the  place  oi  the  execution.  Thus  far 
of  the  title  of  that  pretended  Antidote. 

In  the  latter  end  of  his  second  page,  that 
which  is  mentioned  in  the  discourse  out  of  his 
namphlet  called  the  Antidote,  and  which  is 
narely  repeated  in  order  to  be  answered  and 
confuted,  he  snrossly  mistakes  in  this  latter 

Cmphlet,  and  talselv  affirms,  it  is  admitted  to 
true ;  and  from  thence  endeavours  to  have 
the  lord  Russell's  defender  understood  as  ar- 

I^uing  against  the  lord  Russell,  and  acknow- 
ed^ing  Dis  ^ilt :  which  is  a  very  unworthy 
way  of  deshng  by  this  pretended  Answerer, 
but  easily  discerned  by  any  wary  and  intelligent 
reader.  Nay,  this  Answerer  himself  immedi- 
ately afier,  before  he  is  aware,  clears  the  lord 
Russell's  defender  .again  from  the  imputation 
by  taking  notice,  that  the  defender  of  the  lord 
ttussell  endeavours  to  invalidate  the  credibility 
9^'  the  evidence  given  aeainst  the  lord  Russell. 

This  Reply  declines  the  taking  notice  t)f  many 
of  this  Answerer's  paragraphs,  that  are  spent 
merely  in  vilifying  the  lord  Kussteli's  defender, 
it  being  obvious,  tnat  they  were  intemled  wAy 
to  rencter  mean  and  contemptible  the  person  he 
undertakes  to  answer ;  it  heiuff  beneath  tbis 
Reply,  to  repeat  them,  and  to  follow  tbe  An- 
swerer in  Tiis  rude  and  sciirriloas  way  of 
writing. 

It  was  indeed  no  secret  to  the  learned,  that  a 
variance  between  tbe  indictment  and  the  evi- 
dence might  be  alledged  on  tbe  jj^'eneral  issue  ; 
nor  that  Treason,  and  the  Misprision  of  it,  are 
difierent  crimes ;  nor  that  proofs  of  treason  must 
not  he  by  hearsay  nor  argument  only ;  nor  that 
less  than  two  witoeases  are  not  to  be  allowed 

1 


for  proof  of  that  crime ;  nor  that  the 
ougnt  to  be  credtt>le ;  but  fliese  are  not  so  ge- 
nerally known  to  such  as  are  nd  profenseil 
lawyerr,  and  may  be  usefully  remembered  to 
sucn  as  are  brought  upon  their  trials  for  their 
Kves,  and  are  denied  tlie  help  of  counsel  wheir 
they  most  need  it,  and  are  api  tobe  laore  under 
a  consternation,  when  they  are  beaei  with  such 
sad  appreheosioDs  of  their  danger,  and  baited  at 
by  a  multitude  of  crafty  wits,  and  such  i^s  abuse 
their  parts  and  eloquence  to  destroy  the  uum- 
cent,  and  the  court  (it  may  be)  not  alwaya  so 
indifferent  as  they  should  be.  And  dieoe  ose- 
ful  and  weU-intended  assistances,  as  are  ordi* 
nary  and  useless,  as  the  pretended  Answerer 
would  rqiresent  them,  were  very  thankfully  en- 
tertained, and  made  use  of  by  several  persona 
of  great  abilities,  and  of  the  best  quality,  wlio 
afterwards  fell  under  the  like  cruel  and  mali- 
cious prosecution ;  but  tliey  were  do  professed 
lawyers.  And  nios>t  of  these  are  still  living, 
and  will  and  do  testily  tlie  truth  hereof. 

The  Answerer,  in  his  fourth  page,  falls  to 
aivue  the  points  in  law  u|»on  the  great  head  and 
titie  of  treason. 

This  Reply  forbears  to  repeat  what  die  An- 
swerer says  upon  this  subject,  or  to  repeat  what 
this  Rephant  has  formerly  printal,  but  therein 
refers  himself  to  what  is  so  printed. 

Only  finds  it  necessary  to  state  the  noiot  i» 
question  in  as  few  and  plain  words  aa  he  caa, 
and  leave  it  to  any  impartial  reader  to  judge 
of  it. 

Tbe  great  statute  of  treason,  via.  thai  of  the 
25th  of  Edw.  3.  was  the  only  statute  upon 
which  the  lord  Russell  was  indicted  ;  and  dus 
is  acknowledged  and  professed  by  tlie  attoney 
general,  as  appears  by  the  printed  narrative  ef 
the  trial,  and  he  could  liest  know  his  ows 
meaning. 

Tliey  could  not  proceed  aorainst  the  lard 
Russell  upon  the  late  statufe  of  treasons,  mad* 
in  the  13th  of  Car.  a.  for  that  stetute  limits  the 
prosecution  to  a  certain  time  after  the  treason 
committed,  which  was  elapsed  in  the  lord  Rq»> 
sell's  case. 

Now  the  statute  ef  25  Edw.  3.  does  specify 
and  enumerate  the  se?  eral  and  particular  ImmIs^ 
and  sorts  or  species  of  treason,  that  miffht  be 
proceeded  upon,  and  tried  and  adjodg<^,  m  the 
ordinary  courts,  viz.  in  the  EUng's-bencb,  or 
judges  of  Oyer  and  Terminer,  or  nol-delivery : 
such  as  that  of  Newgate,  or  the  seasioos  for 
gaol  delivery  at  the  Old  Bailey,  where  the 
noble  lord  Ruasell  was  bcooght  to  his  trial. 

The  scope  and  drift  of  that  sUtnte  of  25  Edw. 
3.  (as  appcara  by  the  preamble)  was  to  confine 
those  arbitrary  courts,  and  the  ordinary  jiidges» 
to  plain  manifest  rules,  what  they  aheuld  ad- 
judge treason,  and  what  not,  it  being  of  so  great 
concernment  to  the  lives  ik  men ;  and  not  Is 
allow  the  judges  or  lawyere  a  latitude  ar  libaty 
to  make  what  they  thought  fit  to  be  treason; 
or  to  exercise  the  tongues  and  unruly  noise  of 
lawyers  in  a  matter  of  that  moment.  And 
that  statute  of  25  Edw.  3.  being  in  its  nature  a 
confining,  restraining,  aa   explanatory  laWi 


n9] 


fTATE TBIKIS,  35 CuAVlt^  lU  iSns.^for  tfighH-eoiM. 


l79(y 


ougbttiierefwe  not  to  be  largdlj  extended  or 
improved,  tad  stretched  b^end  tliepkin  words, 
and  apperent  sense  of  them. 
.  Now  emeng  other  8e?ehd  species,  or  beads, 
or  sorts  of  treason,  particular!^  enumerated  by 
that  atabite,  there  are  these  two,  pertinent  to 
ourcase;  vis. 

1.  Compassing  or  iasagintng  the  death  of 
ihekiag-* 

2.  Levying  war  against  the  king". 
Whereupon  the  common  reader  (for  whose 

saasfaction  this  is  written)  may  easUy  observe 
this  distinctioa,  that  the  first  of  these  is  treason, 
(in  the  very  imagining  or  oonqnring)  though 
the  king's  death  do  not  ensue. 

But  the  latter  is  not  treason  in  the  conspiring 
and  imagining,  but  the  treason  must  be  in  the 
actual  levying  of  war. 

So  that  barely  to  copsolt,  conspire,  or  ima* 
gine  to  levy  war,  though  tliere  be  never  so 
plain  nor  so  open  or  overt  an  act  of  such  con- 
sulting, or  conspiring,  or  imagining  of  it,  will 
not  amount  to  this  species  or  sort  of  treason, 
upon  this  statute  of  d5  £dw.  3,  which  is  the 
only  statute  upon  which  the  lord  Russell  was 
concerned. 

For  that  statute  of  ^  Edw.  3.  did  not  intend 
to  make  it  treason,  to  consult  or  conspire  to  levy 
iprar,  without  the  actual  levying  of  war. 

This  wilt  not  be  denied  nor  dbputed  by  the 
Lord  Rnssell's  adversaries,  nor  by  this  An- 
swerer. 

But,  perfectly  to  evade  this  statute,  and  the 

tnanifest  intent  and  meaning  of  it,  tbey  insist, 

i  That  though  conspiring  to  levy  war  be  not 

treason  within  the  statute  of  35  Edw.  3,  yet  to 


open  act,  alledjped  to  shew  and  signi^  it,  is 
nothing  but  his  consulting  and  conspiring  to 
raise  and  stir  up  insurrection  and  rebellion, 
and  consulting  to  sebe  the  king's  guards, 
(though  they  were  not  actually  done)  which 
are  just  the  same  thinf  with  conspiring  to  levy 
war ;  which  plainly  is  no  treason  within  the 
stetnte  of  95  Edw.  3,  and  therefore  mo^  clearly 
the  lord  Russell  was  not  guiky  within  that 
statute,  upon  that  indictment  and  evidence. 

Since  the  lord  Russell's  defender  has  com* 
posed  this  short  state  of  his  case,  upon  this 
great  point,  there  hath  come  to  his  Lands  a 
printed  half-sheet,  which  has  ezceUently  well 
done  the  same  work,  which,  had  it  been  but  a 
few  hours  sooner,  bad  saved  the  labour  of  this 
part  of  the  present  discourse  and  argument : 
this  half-sheet  is  justly  mtituled,  '  A  Justrfi- 

*  cation  of  the  late  act  of  parliament,  for  the 

*  reversing  the  judgment  against  the  lord 
«  Russell.^ 

There  is  but  one  point  more  to  speak  to. 
and  then  the  lord  Russell's  defender  wilt  bid 
his  Answerer  and  Reader  adieu :  and  it  is  that 
point  which  the  Answerer'^  first  print,  viz..  his 
Antidote  against  Poison,  did  not  mention,  and 
so  no  occasion  was  given  them  to  consider  of 
it ;  but  it  is  largely  debated  hy  court  and  coun- 
cil, at  the  lord  Russell's  tiiai ;  yet  being  then 
but  suddenly  started,  though  it  were  well 
argued  by  the  lord  Russell's  council  assigned,, 
no  authorities  however  were  then  cited  (thotfgh 
called  for  by  the  Court)  to  justify  ana  male 
good  the  arguments  and  reasons  urged  bv  the 
Council ;  and  it  is  a  point  in  law,  whicn  the 
act  of  reversing  the  judgment  against  the  lord 


conspire,  consult,  agree,  or  conclude,  to  stir  I  Russell  is  principally,  and  in  the  iKrst  place, 


op,  or  raise,  or  move  insurrection,  and  rebellion 
against  the  king,  and  to  consult  or  conspire  to 
seize  the  kintc's  guards,  (which  signify  one  and 
ihe  same  thing  with  consulting  or  conspiring  to 
levy  war)  these  (say  they)  may  be  an  open  or 
overt  act,  to  prove  a  consulting  or  conspiring  to 
kill  the  king.  What  is  this  but  to  confound 
the  several  and  distinct  sorts  and  species  of 
treason,  whicli  the  statute  of  25  Edw.  3.  doth 


grounded  upon,  viz.  That  there  had  been  an 
undue  and  illegal  return  of  jurors  to  try  that 
noble  lord,  (too  often  practise  of  late)  and  that 
the  noble  lord  was  refused  this  lawful  challenge 
to  them  for  want  of  freehold.  The  troth  of 
tliis,  as  to  matter  of  fiict,  doth  evidently  ap^ 
pear  by  the  large  narrative  of  the  trial,  printed 
ny  that  lord's  adversaries  ;  and  this  is  not  in 
the  lesist  touched  upon  by  the  printed  half-sheet, 


sp  carefully  and  industriously  labour  to  dis-  1  styled,  A  Justification  of  the  Act  tor  Reversal 


tmguisb? 

And  what  is  this,  but  to  make  a  bare  con- 
spiring and  consulting  to  levy  war,  without  anv 
actual  levying  of  it,  to  be  treason  witha  this 
ilatnte  of  Edw.  3.  which  plainly  this  statute 
would  not  have  to  be  so  taken  P  And  so  the 
good  design' and  scope  of  the  statute,  the  se- 
curity of  men's  lives,  is  wholly  overthrown  by 
this  artifice ;  and  what  sliall  be  taken  to  lie 
treason,  and  what  not,  will  be  still  as  uncertain 
as  it  was  Itefore  the  making  of  that  act  of  85 
Edw.  S. 

And  it  was  then  a  needless  idle  thing  in 
those  that  made  the  statute  of  13  Car.  3,  and 
so  of  former  statutes,  to  make  the  conspiring 
to  levy  war  to  be  treason  ;  for  t>y  this  practice 
and  construction  it  is  already  made  so  to  their 
hands,  by  35  Edw.  3. 


Z 


Now  the  lord  Russell  was  indicted  for  con- 
ipiring  to  kill  king  Charles  f ,  and  the  overt  or 


oi  the  Judgment  against  that  lord. 

That  pomt  in  law  now  only  remains  to  be 
spoken  to,  viz.  That  in  all  cases  of  the  trial  of 
a  man,  especially  in  a  trial  for  his  life,  tha 
jurors  ought  to  be  freeholders,  even  at  the 
oomnuin  law,  and  before  the  statute  of  2  H.  5, 
cap.  3,  and  that  not  only  in  trials  within  the 
city  of  London  (as  the  lord  Rnssell's  was)  but 
in  all  other  cities  or  towns  corporate,  where 
there  was  a  iurisdiction  of  trying  for  life  in 
cases  criminal. 

It  was  not  material  at  the  common  law,  how 
much,  or  of  what  yeariy  value,  that  freehold 
was,  or  is  to  be ;  but  some  freehold  (though 
never  so  small)  the  jurors  ou^t  to  have,  or 
else  it  was  a  just  cause  of  challenge. 

It  was  ipdeed  the  statute  of  2  H.  £,  c.  3, 
that  first  fixed  the  yeariy  value  of  the  frediold, 
and  required  .it  shooM  oe  of  40s.  per  annum, 
which  40^  per  annum  was  then  in  that  king's 


791}  STATE  TRIALS,  SSCflAELIfS  It.  \6t3.--^iHd  of  mOkM  L&rdtUuull,  ^gf 


mgQ,(bdng  BO  hog  mate)  eqid?aieiit  to  a  much 
higber  value  now.  ^ 

And  therelbre  %he  books  and  authorities  that 
speak  of  freehoMs  of  a  less  Tahie  than  40ff. 
per  annum,  must  of  necessity  be  understood 
not  to  speak  of  cases  within  that  statute,  but 
of  cases  at  tine  common  law. 

3  H.  4,  fol.  4, .  b.  flolPs  abridgiiieDt,  title- 
trial,  fol.  648.  It  is  there  held,  that  fceishoM  of 
any  value  was  sufficient  for  a  juror.  This 
proves  that  ireehold  is  requisite,  and  that  it 
was  so  ])efore  the  statute  of  S  H.  5,  it  being  in 
the  r^n  of  king  Henry  5's  father  ;  and  with 
this  agrees  Kelloway,  fol.  46,  towards  the  end. 

l»omc  other  cases,  alW  the  time  of  king 
fienry  5,  prove  the  same,  as  16  £dw.  4,  fol.  8, 
lialf  an  acre  of  land,  no  it  be  within  the  hun- 
dred, says  that  book,  is  sufficient;  and  it  is 
well  known,  that  as  to  this  Salification  of 
having  freehold,  the  same  rule  governs  in  the 
jest  of  the  juroi-8,  as  in  those  of  the  hundred, 
10  H.  6,  Brooke's  abridgment,  Challenge  192. 
Hale's  Pl^as  of  the  Crown,  260. 

Nor  do  these  acrthorities  distinguish,  l&t  all, 
li^ween  cases  criminal  and  civU,  nor  in  cases 
criminal  between  that  of  treason  and  in  cases 
less  criminal. 

This  beinff  so  at  the  common  law,  and  the 
itotute  of  2  H .  5,  c.  e,  only  addine  the  yearly 
value,  viz.  405.  per  annum  freehold,  which 
before  at  the  common  law  tnight  be  of  any 
lower  value:  now,  thangh  that  statute  of 
2  H.  5,  berepedied,  as  to  trials  in  treasons, 
as  in  truth  it  is,  by  the  latter  statute  of  2  and  3 
of  Philip  and  Mary,  cap.  10,  which  ena<^ 
that  all  trials  in  treason  shall  be  according  to 
the  course  of  the  common  law  ;  the  result  is, 
that  stiH  there  must  be'  freeholders  to  try, 
though  they  may  be  freeholders,  as  at  the 
common  law,  ofany  yearly  value  whatsoever. 

That  the  statute  of  2  H.  5,  (while  it  was  in 
fhrce)  did  extend  to  cases  of  treason,  though 
treason  was  not  expressly  mentioned  in  it,  and 
the  statute  speaks  very  ambiguously  and  ob- 
scurely) appears  by  the  authorities  fbllowing, 
viz.  Stamt.  PI.  of  theCr.  161 ;  and  «  Poultdn 
de  Pace  Regis  et  Regni,*  ISf ;  and  by  the  sta- 
tute of  S3  H.  8.  c.  23,  in  the  ftoviso,  that  re- 
serves to  the  partjr  the  challenge,  for  want  of 
40«.  freehold,  even  in  case  of  treason,  though  it 
makes  the  treason  triable  in  any  county. 

See  sir  Christopher  Bhint*s  case,  justice 
Crofce,  S7  Eliz.  fol.  41,^.  In  an  information  of 
intnisiob,  by  the  nueen ;  a  juror  was  chal- 
lenged for  want  of  fr*eeliold,  and  upon  exa- 
mination of  the  juror,  it  appeared  be  had  free- 
hold of  16t.  per  annnm  ndae,  and  that  was 
adjudged  sufficient;  which  admits  it  had  been 
a  good  cause  of  cfaattebg^,  had  there  been  no 
fi^oid  at  all ;  and  it  necessarily  implies,  that 
it  was  required  by  the  common  law,  for  no 
statute  interposed  as  to  any  lower  value  than 
40«.  per  annum.  Nor  does  this  case  distin- 
guish between  the  lease  of  intrusion  upon  the 
queen,  and  any  other  XAse. 

But  it  may  relnsonably  be  argued,  if  fre^oid 
be  neeesaaryiBajoror,  wlwistotryacase  of 


intrnsioii  imly  i  fortmi,  it  is  flsqini^  in  t 
case  of  high  ti^ason ;  bat  in  ttfat  ease  of  sir 
Christopher  Blunt,  another  juror  M^m  eM- 
lenged  that  had  no  freehold,  and  he  was  there* 
fore  set  aside. 

Now  that  the  challenge,  for  wait  «f  free' 
hold,  extends  to  the  city  of  London,  wkA  «thcr 
cities  aiid  boroughs,  a«  weQ  as  to  the  counties, 
is  abundantly  proved  by  the  statutes  of  11^ 
H.  6,  c.  1,  7  II.  7,  C.  5,  and  M  H.  8,.c.  13,  to 
which  the  reailer,  tor  brevity'ssake,  is  rekttt^d. 

It  is  ho  where  maiAtained,  thai  an  agree- 
ment to  pQOSon  or  stab,  &c.-is  iio  treason,  if 
the  very  act  do  not  ensue,  as  the  An#«rerer 
very  fmly  alledgeg  in  the  sec^md  colamn  of 
his  sixth  page,  toward  the  lower  end:  ibr  those 
have  a  manifest  tendency  towards  killing,  dor' 
are  they  anV  distinct  species  or  sorts,  or  kinds ' 
of  treason  from  the  Killing  the  king,  as  that 
of  levying  of  war,  and  seizhig  the  king^s 
guards,  (especially  not  sheifVing  what  guaords) 
are  a  distinct  species  frooi  that  «f  kilE^  the 
king,  and  need  ndt  necessarily  be  underitnod 
to  terminate  and  eondflde  in  a  killing  th« 
king.  Taking  the  king  prisoner,  or  sciziiig^ 
his  person,  may  more  reasonably  be  thoog^fat 
to  aun  at  a  killing  of  the  Iddg,  «r  bate  a  tmi- 
dency  towards  it. 

And  the  indictment  nught  snrdy  to  har« 
declared  and  expressed  cl^ly  and  pliitily 
what  guards  wet«  meant,  there  bnng  variefj 
of  guards ;  for  every  indictment  ought  to  oott- 
tain  certainty. 

Herein  the  very  in^etment  ^as  fanhr. 

The  bold  Aosweiner  hopes  the  kin^  wiB 
always  preserve  those  gimrds,  thdugfithe  par^ 
liament  have  declared  uieir  sense  to  the  con- 
trary, when  the  present  extraoitbtaiy  occst- 
sion  shaU  beaver.' 

This  daring  presumptiMttf  AflsWerer,  in  ^- 
fiance  of  the  act  for  reversal  ofthe  lord  Hussell** 
sttainder,  the  trial  having  been  partial,  trnjiisty 
and  illesal,  as  the  act  i^rms  it,  yet  dares  to 
aver  in  his  last  page,  that  there  was  evidence 
enough  to  justify  all  concerned  in  the  pruse- 
cntion  and  trial. 

The  Answerer,  towards  his  ctose,  lakes 
great  care,  and  is  much  concerned,  to  jos^l^ 
the  king's  solicitor  that  then  was. 

And  this  would  incline  one  to  think,  that  tb« 
then  king's  sc^icitor  Was  not  the  Anthdr  of  that 
Antidote  a^inst  Poison,  nor  of  this  last  print 
intituled.  The  Magistracy  and  Govemmetit 
vindicated ;  which  are  So  much  alike  in  their 
style  and  strain.  And,  in  tmth,  that  tate 
ktng^s  solidtor  doth  utterly  deny,  ihzt  he  had 
any  hand  in  either  of  them.  And  sir  George 
Jeneries,  the  last  lord  Cbanc^or,  could  not 
compose  this  last.  This  being  so,  it  ma^'  easS  v 
be  judged  where  it  must  tuc:  for  this,  look 
into  the  printed  trial. 

I  now  refer  the  Answerer  t6  justify  himself 
at  law,  if  he  happen  to  be  in  dangler  ca  an  Ex- 
ception out  of  an  act  of  general  (warden  and 
indenuuty,  where  he  may  uave  a  rairer  oppor- 
tumty  to  defend  himself  in  his  own  more  im- 
mediate conoero,  for  endtavactring  fo  sabrie;^ 


79d]  St  ATE  TRIALS,  5^  C^ARi^i  11.  iM^^r/^  f^g^  ItttM^.  IT§^ 


the  kw,  ivliifth  e^er  proves  tuo  hard  for  all  its 
opbOMtSk  And  I  will  so  f»r  follow  \m  Kmmonr 
aM  veiD,  «8  to  oonolttde  with  rerMfi  too. 

Rode,  caper,  Titem ;  tamen  hie  cum  stabit 

ad  aras, 
Jn  tua  quod  fundi  cofbua  possit,  erit. 


Which  1  thus  EttgMk  ? 

Go,  spiteful  satire,  browze  that  sacred  iiM 
(The  law) ;  but  know  there  shall  BOt  want 

for  wine 
To  pour  upon  thy  head,  which  9ay  w/ifem 
To  render  thee  k  perfect  sacrifice. 


-»*• 


Remarks  on  the  Lord  Russell's  Trial,  by  Sir  John  Havles,* 
Solicitor  General  in  the  Reign  of  William  III. 

within  the  3d  of  Henry  the  5,  yet  by  the  sta- 
tute of  aueen  Mary,  the  stataie  of  the  2d  of 
Henry tne  5th,  as  to  treason  was  repealed; 
that  it  was  a  point  they  would  not  have  lost  ta 
the  city  of  London  ;  that  if  the  prisoner  shpuld 
peremptorily  challenge  thirty -five,  as  b^  law  !m 
might,  there  would  scarce  be  found  thirty-five 
more  freeholders  in  the  city,  the  mhdritance  o£ 
the  city  being  mostly  in  tl)^  nobility  and  cor- 
porations, and  consequently 'treasons  may  he 
committed  in  the  city,  and  there  would  not  be' 
enough  to  try  it ;  and  in  the  case  of  the  city  of 
Worcester,  in  Quo  Warranto  brought  against^ 
them,  that  challenge  was  taken,  aod  over-ruled^ 
by  the  Ring's-bench,  by  advice  of  the  jiilgee 
or  the  common -pleas ;  tliat  the  Venire  nwi-. 
tions  lio  freehold,  but  only  '  Probos  et  jjfgjiifBm- 
*  Homines  de  Vicineto. 

Then  the  chief  Justice  [Sir  t^rancisl^eiB-* 
bertoii,]  asked  Mr.  PoUexfep,  whether  he  did. 
find  anyjudgment  in  treason  at  'cominon  law,r 
that  no  i\  eehold  was  a  challenge  ?  Who  aa- 
sweredt  he  did  not.  Whereupon  ike  chief  jns^ 
tice  rephed,  that^then  he  did  not  speak  md  idem,^ 
for  he  took  it,  in  case  of  treason  and  felony^  Tat 
common  law  it  was  no  chaUepge ;  and  tine, 
Statute  of  Henry  the  fiflh,  in  that  pointy  waft 
introductive  of  a  new  law,  and  that  statate,  ae. 
to  treason,  was  repealed  by  that  of  queen  Marv^ 
and  that  a  case  cannot  be  found  of  such  a  chal- 
lenge in  treason  since  the  statute  of  qoeen 
Mary,  but  it  was  business  of  great  importaace. 

The  chief  baron  [William  Moiitagiie»eaq.]. 
was  of  the  same  opinion ;  for  the  same  reason, 
justice  Windham  and  justice  i^onee  were  of 
tbesame  opinion;  the.  last  added,  the  rstbec 
because  the  prisoner  is  aUowed  to  challenge 
thirty- five  peremptorily  :  and  justice  Caiitoa 
was  of  the  same  opinidn,  and  the  rather,  be* 
cause  no  precedent  Dad  been  ofiered  of  sucfa  a 
challenge  before:  iustioe  Leviez  was  of  ^e. 
same  opinion,  for  the  same  reason;  Justice 
Street  was  of  the  same  opinion.  &r  the  ssbk 
rea.sons ;  and  thought  they  had  been  very  niee^ 
when  the  lite  of  the  king  lay  at  stake,  and  all 
the  customs  and  privQeges  of  the  city  of  Lon- 
don seemed  to  be  levelled  at  in  that  point :  Joe  • 
tice  Withins  was  of  Clw  same  (minion. 

Then  the  chief  justice  told  the  prisoner,  IIm 
coiut  over- ruled  ois  challenge;  but  that  he, 
had  no  hardship  put  upon  him,  for  the  reason . 
of  law  for  Ireeholdera  was,  that  no  sligbC  per- 
sons should  be  put  upon  the  jury  ;  but  in  hii, 
case  there  were  persons  of  quality  um  sdb- 


THE  Plot  being  noised  abroad,  the  persons 
hefbfehatid  resolved  on  were  seized  on,  and  the 
lord  Russell  and  others  were  clapped  up  close 
prisoners. 

The  lord  Russell  having  been  for  some  few 
weeks  a  close  prisoner  in  the  Tower,  was,  tfie 
13th  of  July,  1683,  brought  to  the  Old- Bailey 
and  arraigned  for  High-Treason,  in  designing 
to  raise  a  rebellion,  Sec.  and  the  same  mor- 
ning was  tried.  He  desired  he  might  not  be 
tHed  that  day,  for  he  had  some  witnesses  which 
it^ould  not  be  in  town  till  night :  Which  being 
den.ed,  then  he  desired  that  tiie  trial  might  b« 
put  off  till  the  atternoon  :  which  was  likewise 
denied.  He  asked  whether  he  might  not  make 
use  of  any  papers  he  had  :  which  was  allowed. 
He  desired  be  might  have  a  copy  of  the  pan- 
uet  of  the  jury  that  was  to  pass  on  him  :  he  was 
told  he  had  a  copy  delivered  to  his  servant  some 
da^  before. 

The  jur^  being  called,  he  ehallenged  the 
foreman  for  being  no  fl^bolder  in  London. 
To  argue  which,  counsel  were  assigned  him  ; 
-who  presently  came  into  the  court,  and  having , 
el:cused  their  not  speaking  more  to  the  matter, 
for  want  of  time  to  consider  of  it,  argued,  that 
it  was  a  good  challenge,  because  at  common 
law  every  juryman  ought  to  be  a  freeholder; 
that  the  statute  of  2  Hen.  5.  provi:leSy  none 
shall  be  a  juryman  in  capital  matters,  but  a 
freeholder  of  forty  shillmgs  yearly ;  That 
there  is'  no  difrcrcnce  between  a  city  and  county 
and  a  county  at  large,  at  common  law ;  nor 
by  that  statute  7  Hep.  7.  which  takes  away 
the  challenge  of  no  freeholder  in  the  ward  in 
I/ondoD,  and  shews  it  was  a  good  challenge  in 
London  before  that  time :  Tlie  4th  of  Hen.  8. 
which  likewise  takes  away  the  challenge  of  nu 
freehold  in  Lond-ui,  shews  it  was  a  good  chal- 
lenge before  that  time  ;  and  the  same  was  in- 
ferred from  the  23d  of  Henry  8 :  But  though 
none  of  those  statutes  exten<ied  to  treason,  yet 
if  it  was  a  gnod  chalieikge  in  treason  in  London 
before  those  statutes,  it  was  so  still. 

The  king  s  counsel  said,  at  comqnon  law  it 
was  not  necessary  that  a  juryman  in  treason, 
should  be  a  freeholder  ;  and  though  treason  is 

*See  his  Remarks  at  the  end  of  the  Cases  of 
f  ikzharris,  »ol.  d,  p.  426,  Colledge,  vol.  8. 
p.  723,  Lord  Shaftesbury,  vol.  8,  p.  835,  The , 
city  of  London,  vol.  8,  p.  1039,  and  count  Co- 
ningsmark,  p.  185^  of  the  present  i^olume  of 
Ibis  Collection. 


•     • 


7d<»]  STATE  TRIALS,  35  Charlbs  IT.  l6%3.--TrMo/mUiam:Lin'd  B»99dh  [79S 


Glance  put  upon  the  jary>  which  was  the  same  - 
in  fiubsumce  with  a  jury  of  freeholders. 

These  bciwg  the  reasons  of  over-rulingr  that 
challenge,  they  niaj  be  ranked  under  these 
heads  :  There  was  no  such  challen^  at  com*' 
rton  law  ;  if  there  were,  yet  not  m  treason. 
And  if  it  were  a  challenge  in  treason,  where  a 
trial  is  in  a  county  at  large,  yet  not  where  it  is 
m  a  city  and  county :  and  if  in  a  city  and 
county  yet  mot  in  London. 

The  assigning  many  rea^ns  W  one  and  the 
same  thing,  muces  the  judgment  justly  sus- 
pected.: for  if  when  two  witnesses  to  one  fact 
varying  in  the  circumstances  of  it,  are  justly 
$\]spected  in  point  of  truih,  several  reasons  for 
the  same  judgment  make  the  knowledge  or  in- 
tegrity of  the  judges  justly  .suspected  :  every 
<!ase  in  law,  as  my  lords  Coke  and  Hale  say, 
standing  upon  its  own  particular  reason  ;  and 
therefore  when  many  reasonsare  given,  it  looks 
as  if  the  judges  were  huntings  about  tor  reasons 
to  make  good  what  before  band  they  are  re- 
vived to  vent  for  law,  rather  than  that  their 
judgment  is  the  result  of  tUose  reasons. 

But  to  consider  (hem  singly,  I  do  indeed 
think  there  is  no  expi-ess  resolutioh,  that  at 
common  law  in  any  case  of  any  capital  matter, 
it  was  a  good  challenge  (except  the  case  of 
Fitsbarris,  already  taken  notice  of) ;  but  in 
dvil  matters  my  lord  Coke  is  express,  that 
at  common  law  it  was  a  good  challenge ;  and 
with  him  sir  John  Fortescue  seems  to  concur, 
who,  in  his  exposition  on  that  statute  of  Henry 
the  5th,  says,  if  the  debts  or  damages  be  under 
forty  marks,  the  juryman  shall  have  land  to  a 
competent  value,  according  to  the  discretion  of 
the  justices.  My  lord  Coke  saith,  in  such  case 
any  freehold  sotficeth  ;  now  how  can  that  be 
tme,  if  it  were  not  necessary  at  common  law 
to  have  some  freehold  ?  For  the  statute  mdces 
no  provision  for  debt  or  damages  under  forty 
marks,  it  must  therefore  be  by  common  law  that 
some  freehold  was  necessary,  and  that  an^  free- 
hold shall  suffice.  And  sui*ely,  if  in  civil  mat- 
ters it  was  necessary  for  a  juror  to  have  a  free- 
hold, much  more  in  capital  matters,  and  mostly 
in  treason.  It  is  very  plain,  that  at  common 
law  no  man  was  thought  to  be  a  sufficient  man, 
but  a  freeholder;  and  though  now, and  for 
sometimepast^tbe  value  of  trade  is  equal  to 
that  of  land,  yet  beret<)foreit  was  not  so,  and 
hy  what  was  heretofore,  the  common  law  is 
to  be  known. 

The  matter  of  trade  was  heretofore  so  incon- 
nderable,  and  the  traders  themselves  for  that 
reason  so  vile,  that  it  was  a  dis^ragement  for 
a  fireeholder  to  marry  with  a  trailesraan,  as  ib 
to  he  seen  by  the  statute  Merton  :*  and  there- 
fore  mere  tradesmen,  and  not  freeholders,  were 
not  to  be  trusted  with  the  concern  of  a  trial  in 
a  civil  .'iiatter,  and  much  less  in  &  capital,  and 
least  of  all  in  a  trial  of  High-Treason. 

The  chief  justice  Penif^rton  says,  that  the 
reason  of  freeholders  was,  that  no  slight  per- 

*  See8tat.  of  Mertcm,  cap.  7.  2  lost.  93.  Cok. 
Lit.80. 


sons  should  be  put  upon  ajmy  where  the  hfe 
of  a  man  or  his  estate,  is  in  queatioii ;  it  is 
plain,  tbeiefore,  the  conoeru  of  the  thing  to  be 
tried,  is  the  measure  of  the  substance  of  the 
jui-yman.     If  that  be  true,  the  trial  in  treaseit, 
is  of  the  highest  concern  :  How  then  is  it  true 
as- some  of  the  judges  concluded,  that  though 
freqliold   might  m  fequisite  in  some    cases 
at  common  law,  yet  in  treason  certainly  not? 
It  is  indeed  a  pa'radox  to  roe. 
<  And  the  peremptory  ohtfilenge  of  thirty -five 
allowed  the  prisoner,  is  no  reason  against  the 
challenge  of  no  freeholder  :  for  that  is  only  a 
privilege  allowed  the  prisoner  infaoorem  Viim  ; 
and  it  might  as  well  be  argued,  that  no  chal- 
lenge at  all  to  the  petty -jury  shall  be  allowed 
the  prisoner,  because  ue  had  a  ^frand-jury  oast 
upon  him  before,  which  is  also  %nfa9orem  VUit ; 
that  no  man,  at  the  king's  suit  shall  be  so^  much 
as  questioned  for  hi^ life,  till  above  the  number 
of  twelve  substantial  men  have  on  their  oaths 
said  they  think  the  accusation  true ;  and  afier 
that,  he  is  allowed  to  challen^  peremptorily 
thirty  five,  and  with  cause  wiihojit  number. 
To  affirm,  therefore,  that  no  freehold  is  not  a 
cause  of  challenge,  because  he  may  challeoge 
peremptorily  thuty-five,  is  a  nontequitur  :  and 
though  non-usage,  that  is  to  say,  that  this 
challenge  was  never  taken  in  treason,  was  then 
used  as  an  argument,  yet  it  is  the  weakest  of 
arguments  which  is  to  be  found  in  Littleton  ; 
though  even  that  fact  was  not  true,  for  the  chal- 
lenge was  taken  and  allowed  before ;  unless 
you  will  distinguish  and  say  that  in  that  case 
It  was  taken  by  the  king,  and  therefore'  good : 
and  in  this  by  the  prisoner,  and  therefore  bad. 
I  am  sure  that  difference  cannot  be  warranted, 
either  by   authority    or  reason ;    and   what 
though  Cooke,  and  the  other  regicides,  and 
other  persons,  did  not  take  tliat  challenge,  is  it 
an  argument  that  they  could  not,  or  that  they 
thought  they  could  not?  Perhaps  they  had 
forgotten  to  ao  it,  as  much  as  the  judges  in  this 
case  had  forgotten  their  resolution  in  Fitas- 
harris's  case ;  or  perhans  they  could  not  take 
it,  their  jury  being  freeholders;  or  perhara   it 
was  to  no  purpose,  they  being  tried  in  Mid* 
dlesex,  where  a  jury  of  freeholders  woa!d 
quickly  be  found.     Nor  is  it  an  argument  tbat 
no  case  of  this  challeuge  at  common  law   is 
to  be  found  in  the  bitoks ;  for  since  tlie  stataie 
of  Henry  5.  to  the  time  of  queen  Mary ,  it  could 
never  be  a  case  ;  and  from  that  time  to  this  it 
could  ^ever  be  a  case  in  felony  :    and  the  law 
being  so  very  plain  that  if  the  fact  were  wilh 
the  prisoner,  it  was  always  allowed,  if  against 
the  prisoner  it  was  disallowed,  not  as  not  good 
in  point  of  law,  but  as  not  true  in  point  of  tact ; 
therefore  the  challenge  perhaps  was  not  taken 
notice  of  in  the  books,  which  only  report  diffi* 
cnltles. 

It  Is  irue,  of  late,  and  it  is  but^ofhite  practice, 
the  whole  transactions  of  a  trial  are  published 
for  the  benefit  of  the  pubUsher,  rather  than  for 
the  common  gooil ;  and  that  indeed  was  the 
motive  of  publishing  Fitzhorris^B  trial  signed 
by    Fra.  Pemberton,  aud  of  Colledge's  triid 


79r] 


STATE  TRIALS,  35  Chaeles 


«igned  bjr  Fra.  North,  and'of  my  lordRoaselPs 
signed  by  William  Pritchard,  mayor,  and  Col. 
Kidn^'s  trial  signed  by  George  Jefferies,  and 
Mr.  (Jornish's  trial  signed  by  Thomas  Jones. 
And  that  is  the  reason  why,  since  that  Statute, 
we  find  no<»se  of  siich  a  challenge  in  capital 
matters,  and  before  that  statute  the  yearbooks 
go  but  a  little  way. 

It  is  enough  there  was  no  ^resolution  that  it 
was  not  a  goodchallenge,  for  it  will  be  of  the  king'$ 
side  to  shew  why  that  should  not  be  a  good  clial- 
lengein  treason,  which  wabin  mo^if  not  in 
all  other  cases. 

It  is  pretty  to  observe  what  steps  were  made 
in  Q'rer-ralin^  this  challenge  :  some  were  of 
opinion  that  it  was  no  challenge  in  any  case  at 
common  law ;  so  said  the  attorney  and  solici- 
tor general,  the  chief  baron,  justice  Windham, 
and  boron  Street.  The  chief  Justice  thought 
it  no  challenge  at  common  law  in  treason  and 
feiooyonly,  but  that  the  statute  of  Henry  5. 
liiade  it  a  challenge  in  treason,  and  felony :  but 
Vchether  the  statute  of  Henry  5  made  it  a 
challenge  in  treason,  the  chief  baron  and 
Justice  Windham  doubted.  Justice  Jones 
tboogfat  it  no  challenge  at  common  law,  in  trea- 
Justice  Levinz  would  not  determine  whe- 


ther it  was  a  good  challenge  in  any  case  at 
Gonnnon  law,  but  he  and  baron  Street  were 
clearly  of  opinion  it  was  not  a  good  challenge 
in  I^ondon.  The  chief  justice  thought  it  a  bu- 
flMflspfffreat  consequence,  not  only  for  the 
priMHier,Butfor  all  other  persons:  baron  Street 
thought  the  judges  had  been  very  nice  in  the 
Blatter,  which,  in  the  phrase  of  the  law,  is 
girmg  themsdves  a  great  deal  of  trouble  in  a 
matter  very  clear,  or  of  no  moment. 

But  though  they  differed  in  their  reasons,  yet 
all  agreed  in  this,  and  in  this  only,  that  tried  he 
should  be,  and  that  presently. 

Then  as  for  the  custom  of  the  city  of  Lon- 
don, to  try  without  freeholders,  how  did  it  ap- 
pear to  the  judges  that  there  fraa  any  such  cus- 
tom 7  Did  th^  ever  read  of  any  such  custom 
in  the  city  of  London  ?  Nay,  were  not  the  sta- 
tutes which  were  cited,  where  no  freehold  was 
made  no  challenge  in  London  in  particular 
cases,  as  so  many  express  resolutions,  that  there 
was  no  such  custom  m  the  city  ?  for  if  tibere  had 
been  such  custom,  what  need  those  statutes  P 
to  which  the  judges  never  vouchsafed  any  an- 
swer, because  in  truth  they  could  make  none. 

But  it  was  ol^ected,  there  was  the  resohition 
in  the  ^ty  of  Worcester's  case,  which  I  agree 
WBsofasgood  authority,  and  of  no  better,  than 
the  judgment  in  the  principal  matter  of  the  Quo 
Warranto.  And  it  was  likewise  objected,  there 
would  be  a  failure  of  justice  in  cities,  if  the 
cfasUenge  were  good  for  want  of  freeholders. 


ice 


at  eommon  law,  or  by  reason  of  somewhat  which 
hath  happened  of  late  times  f  there  is  none  who 
Wiendstoknow  any  thing  of  the  history  of 
England,  that  will  say,  that  heretofore  the 
«*«  were  not  inhabited  mostly  by  the 
gen^y,  and  especially  the  city  of  London ; 
ratify  ftr  hoary,  partly  for  thiir  seeurity.  and 


II.  l6SS,^/ifrHigh  Tiroion.  [795 

then  there  was  no  want  of  freeholders  in  the 
cities ;  but  when  matters  became  more  quiet 
and  trade  ipcreased,  and  made  houses  in  the 
dti€«  more  valuable,  then  were  houses  of  equal 
couvenience,  and  less  price,  situate  in  the  sub- 
urbsi  or  in  the  country  ;  gentry  by  degrees 
parted  with  their  houses  hi  the  cities  to  trades- 
men for  profit,  and  removed  them^lves  to  other 
places.  An<l  I  believe  it  may  be  remembered 
that  even  the  Strand,  in  the  memory  of  man, 
could  have  furnished  the  county  ofjMfiddlesex 
with  a  sufficient  number  of  freeholders ;  and 
yet  now,  for  the  above  reasons,  you  can  hardly 
find  ajury  of  freeholders  there. 

Besides,  it  must  be  remembered,  that  London 
heretofore  had  many  of  the  kind's,  palaces  in'it» 
and  the  country  gentlemen  did.  not  then,  as 
now,  take  up  with  lodgings,  hut  were  inhabi- 
tants of  houses  :  and  if  the  failure  of  justice 
happen  by  the  above  means,  I  am  sure  it  is 
against  the  oath  of  the  judges  to  supply  that 
defect  with  their  resolution  ;  but  it  ought  to  , 
have  been  supplied  by  an  act  of  the  k»>istative 
power. 

If  the  necessity  of  the  thing  warrants  the 
jud^ent,  how  unlearned  were  the  judg^ 
m  Henry  7  and  Henry  S's  times,  that  they  did 
not  supply  the  defect  in  law  in  the  city  of 
London,  and  other  cities,  by  their  resolutions  ? 
How  vain  were  the  parliaments  in  tliose  times, 
who  supplied  those  defecU  in  law,  men- 
tinned  in  the  acts  cited  by  those  statutes,  which 
were  works  of  time  and  trouble,  if  they  had 
thought  the  judges,  by  their  resol^utions,  had 
power  to  do  it?  For  if^they  had  power  to  do 
It,  they  could  have  done  it  extempore,  as  in 
this  case. 

For  the  last  objection,  that  the  writ  mention^ 
only  Pro&w  et  LegaUs  Uomine$,  and  speaks 
nothing  of  freeholders ;  Legates  may  be  very 
well  interpreted,  to  imply  men  qualified  by 
^w ;  but  I  take  it,  that  Homines  implies  jt : 
for  by  Homilies  de  Comitatu  are  meant  free- 
holders of  that  county  ;  and  all  others,  ifi  point 
of  trust,  are  not  considered  in  law.  My  lord 
Coke,  in  his  comment  upon  the  28th  of  £tiz.  1 .  ' 
cap.  8.  which  gives  the  election  of  sheriffs  to 
the  people  of  the  county  where  the  sheriffwick 
is  not  in  fee,  says,  people  there,  means  free* 
holders  of  the  county  ;  and  Uie  same  is  on- 
derstood  by  writs  to  the  counties  to  choosy 
coroners,  verdurers,  and  the  like,  though  the 
writ  says,  <  per  communitatem  Comitatus,  et 
*  de  assensii  Comitatus,* 

And  though  the  writs  of  Venire  in  dvit 
matters,  of  late  daysi  mention  what  freehold 
each  juror  shall  have,  yet  that  is  by  the  statute 
of  the  S5th  of  Henry  8,  cap.  6.  which  expreasij 
commands  the  wnt  shall  so  express  it,  in  afi 
issues  joined  (in  Westminster,  to  be  tried  be- 
tween party  and  party ;  before  which  time  it  ii 
plain,  the  Venire^  even  in  ciril  matters,  did  not 
express  any  freehold,  and  that  statute  doth  net 
extend  to  issues  joined  on  indictments. 

Now  if  upon  all  which  hath  been  nid,  it  is 
not  plain,  that  the  challenge  ought  to  have 
beenaltoired,  yet  snre  It  was  doubtful  j  and  if 


799]  STAT&  TIUAU*  35€!uauB9  II.  Ifidd.^-Tria/  of  WaUm  Lmrd  Rumlh  [ftOO 


M,'aiid  a  mitter  of  gseat  cooaeqiiettoe,  tm  the 
chie^  justice  snid  il  was,  wby  might  not  tha 
GfHiQsel  fpr  the  firiioiier  have  oad  a  little  more 
time  to  have  ooosidered  of  the  challeoge  be- 
fore they  had  arfcoed  it,  or  the  judges  have 
taken  a  little  time  t04M>asider  the  matter  before 
they  had  given  their  judgment?  I  dare  say, 
none  of  them  could  remember  any  poeitive  re- 
flolutioiis  one  way  or  other,  nor  upon  a  sudden 
was  it  expected  they  should ;  and  therefore, 
ibr  their  own  sakes,  if  not  tor  the  prisoner's, 
they  mifitht  haye  taken  tbeonorning,  il'not  the 
day.    The  prisoner  desired  his  trial  to  be  put 
otf,  for  to  ba¥i<  consideMd  of  it ;  in  that  time, 
perhaps,  some  of  them  might  have  remem- 
nered,  or  otbeis  mi^hthavc  put  them  in  mind 
of  thekresolydtiousin  Fitzbarris's  ease;  they 
mighl  have  coosidered  how  to  distinguish  be- 
tween diat  case  and  this,  and  not  run  away 
with  it,  that  tliat  challenge  was  never  made  'm 
treason,  os  all  the  iud^  affirmed.    But  my 
^ord  ftosseii  was  toU  Sy  the  Court,  .that  tliey 
always  tried  the  prisoner,  in  treason,  the  day 
lie  was  arraigned,  and  could  not  put  off  tl>e 
trial  for  a  morniitf  ^  without  the  attorney-ge- 
necaPs  consent.    But  surely  that  is  not  true ; 
iPlunket  and  Fitxharris  yf&ee  tried  the  term 
after  they  were  aiTaif;ned9  tliough  the  attor- 
ney-general opposed  it    It  is  true,  he  sub- 
mitted to  the  rule,  as  it  was  as  much  his  dut^ 
to  do,  as  the  prisoner's  ;  but  if  there  be  adif- 
ftrence  between  an  arraigfoment  at  Westmin- 
ater  and  the  CHd-Bailey,  as  to  the  speeding  the 
trial,  the  place  will  not  vary  the  reason  of  the 
thing,  if  there  be  not  any  law  for  it,  as  there 
Is  not;  but  even  at  the  Oui- Bailey,  tbe  trial  in 
treason  hath  been  put  of  to  another  sessions, 
it  was  done  in  Whitehread's  case,  and  in  many 
other  cases.    If  it  be  said  that  was  by  the  at- 
tomcT-generars  consent,  I  say,  that  makes 
no  dil&Knce ;  for  the  judge  is  to  be  indiffer- 
ent between  the  attorney -general  and  the  pri- 
soner.   If  the  Court  must  order  nothing  i)ut 
what  the  attorney  assents  to,  why  b  net  the 
inisoner  tried  and  adjudged  by  the  attorney 
alone  f  Or  what  needs  all  the  formali^  of  a 
tria}  f  If  it  be  said,  that  that  trial  was  put  off^ 
fieouise  tihe  kinr's  witnesses  weise  not  ready  ; 
f  say^  there  is  me  same  reason  to  put  ptf  a 
trial,  hecau^  the  prisoner's  witnesses  are  not 
ready,  and  that  was  the  pretended,  though 
not  the  true  reason  of  putting  off  Fitzharris's 
trial  to  another  teem,  and  there  is  no  law  to  the 
contrary. 

It  is  totally  in  the  discretion  pf  the  judges 
tojuitoffatnalj  which  discretipn  ought  tp  be 
flovemed  by  reason. 

But  indeed  this  was  extraordinary,  and 
without  any  precedent :  it  can  never  be  shewn 
in  .the  jsasie  pf  the  greatest  or  meanest  pei-sons, 
bemg  accused  l>f  the  greatest  or  least  crime, 
that  ever  the  dday  of  a^day,  mucli  less  of  a 
inondng,  fo^  his  trial,  was  denied^  where  he 
idiewedbut  any  colour  for  what  he  said,  when 
the  sessions  were  to  continue  after  the  time  be 
desfared,  as.in  this  case  it  did.  Fitah^rris  said 
Jus  wi^i«HW  W0N  in  ^oU«s4i  ^  H^it^^  he 


iMuned  no  persons^  yet  his  trial  was  put  off  to 
the  Q«zt  term  ;  my  lord  RusseQ  said  his  wit- 
nesses could  not  be  in  town  till  that  night,  yet 
the  respite  till  the  next, day  was  denied:  all 
persons  agreed,  that  there  was  some  extra- 
ordinary reason  for  it,  and  before  tbe  trial  was 
over,  the  riddle  was  out 

My  lord  of  Essex  was  killed,  or  to  be  killed 
that  morning  ;  as  to  this  matter,  it  is  not  mate- 
rial whether  b^  his  own  or  another's  hand; 
they  were  sensible  the  evidence  acaiust  my 
lord  RusseU  was  very  defective,  and  that  acci- 
dent was  to  help  it  out ;  but  tbat  would  not 
avail,  unless  it  w^re  a  surprising  matter  upon 
the  jury :  should  the  jury  have  had  a  day's,  or 
but  a  morning's  time  to  consider  of  it,  peaple 
might  have  been  talking  with  the  jury,  it 
was  very  material  to  ask,  «  bat  influenae  that 
accident  would  have  on  my  lord  Russell's 
trial,  whe^er  it  was  any  evidence  against 
him  :  they  might  have  been  told,  what  was 
true,  that  no  person  killed,  was  in  law  sup- 
posed to  have  killed  himsell*,  till  a  coroner's 
inquest  had  sat  upon  the  view  of  his  body,  ajid 
found  it  so  ;  and  if  it  had  been  so  found,  yst 
even  that  had  been  no  evidence  against  anotiwr, 
because  the  coroner's  inquest  never  found  the 
reason  why  a  man  killed  himself;  and  if  tbey 
should  find  the  reason,  yet  even  that  was  no 
evidence  against  another,  because  that  other 
was  never  caHed  before  the  coroner's  inquest 
to  make  his  defence.  They  might  have  tei9 
told  a  great  many  circumstances  of  the  InwH 
bability  of  the  killing  himself  ;  they  might 
have  observed  tbat  the  king's  counsel  were  so 
far  sensible,  that  it  was  no  evidence  against  my 
lord  RusseU,  that  they  never  attempted  t9 

J  trove  the  eacl  of  Essex  watf  dead,  or  killed 
uroself :  it  was  only  slily  i  isinuated,  toge^er 
with  the  reason  of  it,  which  had  its  effect,  if 
the  report  be  true  of  some  of  the  jurymen's 
saying,  <  it  went  further  with  them  than  all 
*  the  evidence  of  the  witnesses  produced  i' 
and  if  that  be  true,  there  was  a  reason,  though 
not  a  just  one,  for  speeding  tbat  trial  beyond 
the  ordinary  methods  of  trials  at  the  Old-' 
Bailey. 

But  though  my  lord  Russell  had  aeeming^ 
less  i'avoiv  ia  that  matter  than  any  other  person, 
•even  than  CoUedge,  who  had  the  respite  of 
two  or  thnee  hours  between  his  arrai^nmoit 
and  trial,  (tliough  that  was  not  in  fo.rourto 
Colledge,  but  only  to  examine  lus  pauers 
which  they  took  from  him)  and  instruct  taeir 
wimesses  accordingly)  yet  kr  other  things  ha 
had  more .  favour  or  justice  done  '  him :  hia 
papers  were  not  taken  from  him ;  it  was  agreed 
to  he  his  right  to  use  them  without  questiomiig 
from  whom  bejiad  them,  what  they  wete^  or 
the  like,  as  in  Colledge's  case  was  done ;  be 
had  a  copy  of  the  pannel  of  the  JAUy»  ev^ 
before  his  arraignment,  gii^en  him  ^  and  Ae 
chief  justice  said  it  never  Mas  denied  in  case  nf 
life  tliat  he  knew  of,  whioh  was  denied  Cot- 
ledge  helQre  he  pleaded  ;  because  then  it  wai 
pretended  there  was  no  i^&ue  ^ined^  till  Plea 
flead^  9&fT  which  the  Veiure  js  awarded  i 


hL 


«Q1  J  STATE  TRIALS,  35  Gkaubs  It  iSn.'-far  High  Trtauml.  [802 

lAkoaA  dl  men  kopw^  tba  tbe  tberiff  sum-  i  agaiiiflt  the  indictdi,  but  he  would  swev  th« 
moned  the  jury  before  tte  vraigiimeQt,  ^<|    indicted  brought  an  action  against  hin>  without 


even  after  issue  joined.  Colledfj^e  wm  deni«>d 
a  copy  of  the  pannel„  only  he  was  told,  he 
ahoulJlook  e?ery  jiryman  in  the  face  before 
he  was  sworn  ;  and  as  iar  as  the  looks  of  a 
man  betray  him,  he  should  be  satxslied  whe- 
ther he  was  honest  or  not,  which  is  an  iJI  way 
of  judging;  fori  thuik  the  person  (lord  chief 
justice  North)  that  gavelfiat  rule,  would  have 
deceived  any  man  by  his  countenance*  who 
had  not  known  his  practices. 

But  says  the  attorney -general  (sir  Robert 
Sawyeri,  in  my  lord  Russell's  case  it  was  iiiat- 
ter  of  favour,  and  not  of  risht,  therefore  no  in- 
justice to  Colledge.  1  confess  of  all  men,  wlw 
ever  came  to-  the  bar,  he  hath  laid  down  the 
most  rules,  which  depend  totally  upon  the  au- 
tboii^ofhis  own  saving:  in  CoIIetlge's  case 
he  affinned,  that  the  ting's  witnesses  ought  not 
to  be  kept  out  of  the  Jiearing  of  each  other, 
^'faen  they  gave  their  evidence  (a  method  used 
in  civil  mattei's,  the  reason  of  which  is  well 
Iknown,  and  none  can  show  any  law  or  reason 
^hv  it  should  not  be  used  iii  capital  matters), 
wim  as  much  reason  and  authority,  as  what  is 
«iow  said. 

First,  I  <|o  affirm  liierc  is  no  authority  inlaw^ 
which  says  a  prisoner  shall  not  have  a  oopy 
of  the  pannel ;  in  the  next  place  I  affirm,  tliat 
^^r  a  jury  struck  in  a  civil  matter,  each  party 
ought  Co  have  a  copy  of  the  pannel,  in  order  to 
provide  himself  ot  a  challenge,  if  there  be  any 
cause.  In  the  last  place  I  affirm,  that  by  bcw, 
more  favour  is  allowed  a  defendant  in  a  capital 
matter,  to  defend.  himseU^  than  in  a  cTvjf.  And 
if  those  propositions  be  true,  let  any  person,  if 
be  can,  maKe4mt  the  law  or  reaaoo  M  the  abov« 
-assertions. 

Ofahke  stamp  was  the  flaying*  of  the  at- 
torney, when  my  lord  desired  a  cony  of  the 
matter  of  fact  laid  ayainst  hipa,  that  he  had  no- 
tioe  of  it ;  for  questions  were  nut  to  him  about 
it»  and  he  was  with  his  krdfiliip  himaelt^  and 
^xaminad  him  upon  those  qiMstions,  which 
was  a  &? onr  to  him,  that  h«  n^ght  know  whal 
the  vattei  was  he  was  aocoaod  o£ 

I  do  not  a^m  that  ever  jit  was  praoli8e4>  ta 
|;ive  the  prisoner  a  note  of  the  UkX  to  be  giren 
in  efidence  against  hun,  uroving  treason,  or 
that  it  was  ever  denied  IIU  tfcan,  nor  do  I  know 
of  any  law  prQ  or  con  in  t)io  case ;  but  if  one 
wotiMiud^  by  reason  orpraotiee  in  parallel 
caseSyl  thmk  it  ought  not  to  be  denied. 

I  knofT  not  at  present  of  moieduui  twoiMirts 
of  gene<l3  indietmenta,  aod  those  are  of  treaaan 
and  bamtry;  the  last  is  a  general  hidictment, 
for  stirring  up  suits  without  reason,  and  with- 
out mentioning  «ny  nuiin  partieukr :  and  there- 
ibre  if  by  the  role  of  the  court  the  dsAndant  was 
not  helped,  whkh  obliges  the  prasscutor  to 
(ire  the  dffrndent,  some  reasonable  time  be- 
Sire  the  trial,  a  aete  of  what  saits  he  intends  to 

g' ve  in  efidence  against  him,  it  wm  impeosihle 
rthe  defendant  to  eecape»  ifitbad  bean  his 
misfortune  to  have  had  4ve  or  six  auit^. 
.  Fw  I  never  yd  caw  n  vitam  |vodii«|[l 
veuiJU 


reason ;  and  yet  I  have  oAeu  seen,  that  tie  in- 
dicted havJDg  had  notice,  that  that  wa^  one  uf 
the  suits  he  was  intended  to  be  charged  witb^ 
bath  been  able  to  prove  that  he  had  good,  or  at 
Jeast  probable  cause  of  suit,  wbi<'h  he  could  not 
have  done  if  he  had  not  notice.  *  And  in  treason, 
for -desiiniing  to  kill  the  king,  there  have  been 
so  many  interpretations  of  facts  tending  that 
way,  that  it  is  almost  impossible  tor  an  iooocent 
to  defend  himself,  unless  he  had  noiice  uf  Uie 
tact  intended  to  be  insisted  on  at  the  ii  laL 

There    are    ^et    aomc    expret^^uiiis  which 
mightily  puzzle*  nie:  the  king's^  couiisel  said 
in  the  argumeot^of  the  challenge,   that  lUey 
would  not  havelhe  point  of  beiugf  ajar  vniau^ 
though  not  a  freeholder,  lost  to  the  city  of  J  Lon- 
don )  and  one  of  the  judges  said,  it  was  the  ^ri" 
vih'ges  of  the  cit^  were  struck  at  in  that  poui^t. 
If  bv  those  expressions  be  tneajit)  that  it  is  for 
the  bene6tof  the  public  that  there  should  be  nu 
fkilore  of  justice,  I  agree  tu  it ;  but  if  it  he 
meant,  that  it  is  for  ttie  benefit  of  the  citizeua 
to  be  jurymen,  I  deny  it :  and  I  think  nothing 
shews  it  plainer,  than  that  it  is  a  privilege  that 
a  citizen  sha'l  not  be  drawn  out  of  the  city  toi 
be  a  juryman  ;  that  a  nobleman  shall  not  Lie  ou 
a  jury ;  that  it  is  a  matter  of  prerogative  in  the 
king,  and  favour  to  a  particular-  person,  to  ^rant 
a  charter  of  exemption  from  being  on  a  jury«^ 
8o  that,  if  I  consider  the  law,  I  know  what  is 
meant  by  those  expressions ;  if  I  consider  al- 
lowed practice,  it  is  true,  a  juryman  may  earn 
his  eightpence  for  a  trial ;  but  tnat  is  too  incon- 
siderable pay  for  persons  of  substance,  as  the  ' 
jurymen  m  this  case  were  said  to  be,  to  be  fond 
of  die  employ,  or  to  account  it  a  privilege.    Yet 
even  that  was  but  in  civil  matters ;  in  criminal  . 
matters  hot  capital,  the  Jury  ^Kere  heretofore 
paid  if  they  acquittul  the  defendant,  but  not  if 
they  found  him  guilty,  though  of  lato  it  hatk 
been  practised  to  give  them  ruore,  and  treat 
them  higher  if  they  convicted  the  defeudaut, 
than  ifthey  ac^qnitted  him:  but  in  capital  mat- 
ters, as  tfie  case  in  question  was,  it  was  never 
allowed,  or  at  least  owned,  to  pay  the  jury,  h^ 
the  verdict  which  way  it  woidul  ^ 

Having  spoken  to  the  preliminanes,  I  pro-> 
ceed  to  the  trial  wherein  colonel  Rumsey  waa 
first  produced:  he  said,  he  waa  sent  by  my 
\«A  Shaftesbury  about  the  eud  of  Octul!eC}  or 
beginning  cf  November ;  who  told  hiio,  he 
should  meet  at  one  Sheppard's  the  duke  of 
Monmouth,  lord  Russell,  lord  Gra}-,  sir  Tho*- 
mas  Annstrong,  and  Mr.  Fei^uson,  to  know  of 
them  what  re^ution  they  were  come  to  ai)out 
the  rising  at  Taunton.  Slieppard  cai-ricd  him 
where  they  were,  and  answer  was  made,  Mr. 
Trenchard  had  failed  them,  and  there  would 
be  no  more  done  in  the  matter  at  that  time ; 
thereopon  the  lord  Shaileshury  took  a  resolu- 
tion to  ne  gone.  Mr.  Ferguson  spoke  most  of 
the  message,  an4  he  thought  the  lord  Gray 
spoke  sometlung  to  the  same  purpose ;  he  did 
not  know  how  oAen  he  had  been  at  that  house, 
he  was  these  mnrtthitt  once,  or  eUe  he  hoarU 

3F 


«03]  STATfi  TRIALS,  35  CHARLKSllM683.~TrtVi/o//n//iflmLorif/tiittfB,  [S04 


Mr.  Ferguson  make  'a  report  of  another  meet- 
ing to  the  lord  Shaftesbury,  my  lord  Russell 
^as  in  the  room,  and  that  was  all  they  said  at 
that  time  tliat  he  remembered,  he  was  not  there 
above  a  quarter  of  an  hour.  There  was  some 
discourse  about  seeing  in  what  posture  the 
guards  at  the  Mews  and  Sa?oy  were  in  by  all 
the  company,  to  know  how  to  surprize  them  if 
the  rising  bad  gone  on ;  sir  Thomas  Armstrong 
and  Mr.  Ferguson  began,  all  debated  it;  he 
thought  the  duke  of  Monmouth,  the  lord  Gray, 
and  sir  Thomas  Armstrong  were  sent  to  view ' 
them ;  the  rising  was  appointed  to  be  the  19th 
of  November;  he  was  spoke  tot  by  the  lord 
Shaftesbury  to  go  to  Bristol  if  the  rising  had 
g6ne  on,  but  in  what  quality  ^^as  not  determin- 
ed. The  lord  Russell  agreetl  to  the  debate. 
Being  asked  if  my  lord  Russell  said  any  thing 
(here,  and  what ;  he  answered,  my  lord  Rus- 
sell spoke  about  the  rising  at  Taunton.  Being 
asked  what  my  lord  Russell  said,  he  answered, 
mv  lord  Russell  discoursed  of  the  rising.  Being 
asked  if  my  lord  gave  hb  consent  to  the  rising, 
he  said  he  did. 

_  The  next  witness  was  Mr.  Sheppard,  who 
Mid,  in  October  last,  Mr.  Ferguson  came  to 
him  in  the  duke  of  Monmouth's  name,  and  de- 
sired the  conveniency  of  his  house  for  himself 
and  some  persons  of  quality,  which  he  granted, 
in  the  evening  the  duke  of  Monmouth,  lord 
Gray,  lord  {Eussell,  sir  Thomas  Armstrong, 
colonel  Rumsey«  and  Mr.  Ferguson  came,  not 
all  together,  but  the  one  after  the  other.  Sir 
Thomas  Armstrong  desired,  that  none  of  his 
servants  might  come  up,  and  that  they  might 
be  private ;  so  what  they  wantetl  he  went  down 
for,  a  bottle  of  wine,  or  so :  the  substance  of  the 
discourse  was,  to  surprize  the  king's  guards  ; 
mnd  in  onler  to  it,  the  duke  of  Monmouth,  the 
lord  Gray,  and  sir  Thomas  Armstrong,  went 
one  night,  as  he  remembered,  to  the  Mews,  or 
tiiereabouts,  to  see  the  guards ;  and  the  next 
time  they  came  to  his  house,  he  heard  shr  Tlio. 
Bias  Armstrong  say,  the  guards  viere  very  re- 
miss in  their  places,  and  not  like  soldiers,  and 
fte  thing  was  feasible  if  they  had  but  sti*ength 
to  do  it.  He  remembered  but  two  meetings 
there ;  they  came  in  the  evening ;  be  neither 
heani  nor  saw  any  coaches  at  bis  door :  when 
<hcy  eame  in,  as  he  remembered,  the  lord  Uus- 
feU  was  both  times  there ;  he  had  no  business 
with  the  lord  Russell,  nor  the  lord  Russell  with 
iiim  at  that  time,  but  since  he  had.  He  did 
ttOt  remember  colonel  Rumsey  discoursed  the 
lord  Rassell  about  any  private  business,  nor 
remembered  any  farther  discourse;  he  re- 
membered no  writings  nor  papers  read  at  that 
thne:  apon  recollection,  he  remembered  one 
paper  read  by  Mr.  Ferguson,  in  the  nature  of  a 
declaration,  setting  fortli  the  grievances  of  the 
Ration,  the  particulars  he  could  not  tell ;  it  was 
a  pret^  laige  paper,  it  was  shewed  for  appro- 
birtion,  as  he  supposed,  when  to  be  set  out  was 
not  discoursed;  it  was  shewed  to  sir  Thomas 
Armstrong,  and,  as  he  rehiembercd,  the  duke 
ot*  Monmouth  was  present,  and  bethought  co- 
Wael  Riunsey  was  pvesenL    C(^iiel  Rumsey 


said,  .be  was  not  present,  it  was  done  before  be 
came.  Mr.  Sheppard  went  on  and  nid,  the 
design  of  the  pajier  was  in  order  to  a  risinff,  as 
he  supposed  by  the  purport  of  if ;  he  would  not 
say  the  lord  UusscU  was  there  when  that  paper 
was  read,  but  he  was  there  when  the  talk  was 
about  seizing  the  guards ;  he  could  not  be  po- 
sitive as  to  the  times  of.  diose  meetings,  but  it 
was  when  the  lord  Shaftesbury  was  abseut  from 
his  house,  he  absented  about  Micbaelmas-day  ; 
he  could  not  be  positlvo  that  my  lord  Russell 
was  at  both  meetings ;  be  thought  he  was  at 
both,  he  was  sure  he  was  at  one. 

The  last  witness  was  the  lord  Howard.  He 
said  be  brought  captain  Walcot  acquainted  with 
the  lord  Shaftesbury ;  and  upon  his  accouot 
captain  Walcot  soon  gained  a  confidence  with 
lora  Shaftesbury,  ^falcottold  him,  the  peo- 
ple were  sensible  i^U  their  interests  were  goings 
to  be  lost  by  the  violence  offered  to  the  city  in 
the  election  of  sheriffs^  and  that  they  were  re- 
solved to  take  some  course  to  put  a  stop  to  it : 
that  there  were  several  meetings  about  it,  and 
some  persons  b^fan  to  prepare  to  act ;  that 
some  h^d^ood  houses,  and  kept  them  in  private 
stables,  and  he  resolved  to  be  one  in  it :  be 
havii^  an  estate  in  Ireland,  he  dispatched  his 
son  thither,  and  ordered  his  son  to  turn  his 
stock  into  money  ;  the  son  went  about  August : 
that  the  30th  of  September,  Walcot  dined 
with  him  ;  told  him,  that  tlie  lord  Shaftesbuty 
was  secreted,  and  desired  to  speak  with  him : 
Walcot  bt-ought  him  to  the  lord  Shi^ftesburyy 
who  complained  of  the  duko  of  Monmouth 
and  the  lord  Russell  for  deserting  him ;  but 
there  was  such  preparation  made  in  London, 
that  now  he  was  able  to  do  it  of  himself,  and 
intended  to  do  it  suddenly;  he  had  a^ve 
10,000  bri^  boys  ready  to  folkiw  him  when  he 
held  up  his  finger,  they  would  possess  them- 
selves of  the  gates,  aha  in  twenty -tour  hours 
they  would  multiply  to  five  times  tlie  number 
and  would  be  able  fo  jiossess  Whitehall  by 
beating  the  guards.  The  lord  Howard  went  to 
the  duke  of  Blonmouth,  told  him  the  lord 
Shaftesbury's  complaint,  who  said,  the  lord 
Russell  and  he  tola  the  lord  Shaftiesbury  ftom 
the  beginning,  that  there  was  nothing  to  be 
done  by  tbeni  in  the  country  at  that  time.  The 
matter  of  the  discojurse  between  him  and  the 
duke  of  Monmouth,  him  and  the  lord  Shaftes- 
bury, and  him  and  Walcot,  is  tod  tedious  to  re- 
late, and  as  little  t6  the  purpoSi^;  if  the  Jury 
had  understood  mattir  of  law;  iihich  they  did 
not  in  it  he  takes  care  to  siiew  what  con- 
fidence uiy  lord  Shaftesbury  had  in  him,  noore 
than  in  the  duke  of  Monmonth  or  the  lord 
Russell ;  liow  very  cautious  he  was,  and  how 
precipitate  the  loiti  Shaftesbury  ^i-as,  and  that 
what  he  told  the  duke  of  Monmouth,  the  duke 
told  the  lord  Russell ;  and  he  beard  the  lord 
Russell  had  been  with  the  lord  Shaftesbury,  and 
put  oif  tbe  intended  rising.  '  At  which  the  lord 
Kussell  interrupted  him,  and  said,  be  thought 
he  had  very  hard  measure,  there  was  a  great 
deal  of  evidence  given  by  hear -say  only. 
Whsreupoa  the  chRi'-josuce  si^  it  w^s  no- 


«a5]  STATfi  TRIALS,  $4  Chablks  II.  l683.—/<>r  High  Tream. 

ihingp  against  tlie  prisoner;  he  deplared 


i^ 


*««juryi  but  the  attorney-general  bid  the  lord 
Howard  go  on  in  the  method  of  time,  and  that' 
it  was  nothing  against  the  prisoner,  but  the 
witnesses  were  coming  to  it,  if  his  lordship 
would  have  patience,  he  assured  him  so.  The 
lord  Howard  went  on  where  he  left  off ;  with 
a  story  between  him  and  Walcot  of  an  intended 
rinng,  and  of  some  dark  sayings  let  fall  by 
Walcot  and  the  lord  Gray,  importing  a  desit^n 
upon  the  king's  person  ;  but  the  lord  Howaid 
-was  very  careful  to  put  all  off,  but  at  last  it 
was  resolred  to  rise  on  the  17th  of  November : 
buttheloi'd  Howard  fearing  it  had  been  dis- 
covered, because  he  saw  a  proclamation  a  littJe 
before,  Airbiddiofir  bonfires  without  the  liOrd 
Mayor's  leave,  that  of  the  17th  of  November 
was  also  disappointed,  and  the  lord  Shaftesbury 
went  away  aud  died..  But  considering  they 
bad  firone  so  far  that  it  was  not  safe  to  retreat 
and  ukewise  that  so  great  an  affair  as  that, 
consisting  of  such  innnite  particulars,  was  to 
be  managed  with  so  much  finesse,  they  erected 
a  cabal  of  six  persons,  the  duke  of  Monmouth, 
lord  of  Essex,  lord  Russell,  Mr.  Hampden, 
Algernon  Sidney,  and  himself^  about  the  mid- 
dle of  Januan' last :  and  about  that  time  they 
met  at  Mr.  Iiampden's  house,  where  it  was 
considered  whether  the  insurrection  should  be 
in  London,  or  in  a  place  distant ;  what  coun- 
tries and  towns  were  fittest  and  most  disposed 
to  action ;  what  arms  necessary  to  be  provided, 
bow  to  raise  twenty-five  or  thirty  thousand 
pounds,  and  how  they  might  so  order  it  as  to 
draw  Scotland  into  a  consent  with  them. 

About  ten  days  after  they  met  at  the  lord 
RussclPs  house,  and  resolved  to  send  tome 
persons  into  Scotland  to  the  lord  Argyle  to  in- 
vite some  persons  hither  *to  give  an  account  of 
that  kingdom  ;  the  persons  to  be  invited  were 
sir  John  Cockram,  lord  Melvil,  Sir Gamp- 
bell  ;  that  matter  was  referred  to  Col.  Sidney, 
who  told  him  he  had  sent  Aaron  Smith ;  they 
agreed  not  to  meet  again  till  the  return  of  the 
messenger.  The  messenger  was  gone  about  a 
month  ;  it  was  six  \i  eeks  or  more  before  he  re- 
tamed  ;  and  then  his  lordship  was  forced  to  go 
into  Essex,  where  he  had  a  small  concern ;  there 
be  staid  three  weeks,  and  when  he  returned,  he 
was  informed  sir  John  Cockram  was  come  to 
town,  and  afterwards  be  was  forced  to  go  to 
the  Bath,  where  he  spent  five  weeks ;  and 
from  that  time  to  this  was  five  weeks,  all  which 
time  was  a  parenthesis  to  him ;  and  that  he  and 
tbe  five  mentioned  erected  themselves  by  mu- 
tual agreement  into  that  society. 

Atterbury  swore  Campbell  was  in  bis  custody ; 
liieD  cok>nel  Rumsey  was  asked  whether  my 
lord  Russell  beard  him  when  he  delivered  bis 
message  to  tbe  company,  and  in  what  place  of 
tbe  room  the  company  were  ?  Who  answered 
that  when  be  came. in,  they  were  standing  by 
tbe  fire  side,  but  all  came  from  thence  to  near 
bim ;  and  when  my  lord  Russell  said  colonel 
Rumsev  was  there  when  be  came  in,  Rumsey 
Mid,  No,  tbe  duke  of  Monmouth  and  lord 
ZtiiMeQ  went  away  together. 


Then  in  behalf  of  my  lord  Russell,  the  ^rl 
of  iinglesey  was  exammed,  who  said,  that  vi- 
siting the  earl  of  Bedford,  the  lord  Howard 
came  in,  and  told  the  earl  of  Bedford,  that  his 
son  could  not  be  in  such  a  plot,  or  suspected  of 
it,  and  that  he  knew  notmnc  against  the  lord 
RusseU,  or  any  body  else,  owiucb  a  barbarous 
design :  and  he  was  going  on  again  with  what 
the  lady  Chaworth  had  told  him,  but  was  in- 
terrupted by  the  king's  counsel,  telling  bim,  as 
the  court  would  not  permit  them  to  give*  hear '- 
say  in  evidence  ajg^inst  the  prisoner,  so  Ukey 
must  not -permit  his  lordship  to  give  hear-say 
in  evidence  for  the  prisoner. 

Mr.  Howard  said,  that  the  lord  Howard  took 
it  upon  his  honour,  and  his  faith,  he  knew  no- 
thing of  any  person  concerned  in  that  business, 
and  not  only  thought  my  lord  Russell  unjustly 
su^ered,  but  he  to<3t  God'  and  man  to  witness,  he 
thought  my  lord  Russell  the  worthiest  man  ia 
the  world. 

Dr.  Burnet  said,  the  lord  Howard  was  with 
bim  and  he.  did  then,  as  he  had  done  befdre, 
with  hands  and  eyes  lift  up  to  heaven,  de- 
clare, he  knew  nothing  of  any  plot,  nor  her 
lieved  any,  and  treated  it  with  great  scom  and 
contempt. 

The  lord  Cavendish  testified  as  to  tbelif^ 
and  conversation  of  the  lord  Russell,  and  tlienc^ 
concluded,  it  was  hot  likely  he  should  be  guiltr 
of  any  such  matter,  and  heard  tbe  lord  Russell 
speak  of  Rumsey,  as  if  he  l^  an  ill  opinion 
of  him,  and  therefore  it  was  not  likely  he 
should  trust  him.  Dr.  Tiilotson  spoke  of  bis 
conversation ;  Dr.  Burnet  and  Dr.  Cox  spoke 
of  his  conversation  and  of  his  averseness  to  all 
risings.  Dr.  Cox  testified,  that  my  lord  Rus- 
sell said  the  lord  Howard  was  a  man  of  luxuri- 
ant parts,  but  be  bad  the  luck  not  to  be  trusted 
by  any  party.  The  duke  of  Somerset  spoke 
of  the  lord  Russell's  conversation.  The  lord 
Clifford,  Mr.  Leveson  Gower,  Mr.  Spencer, 
and  Dr.  Fitzwilliams  spoke  of  the  lonl  Rus- 
sell's conversation.  The  lord  Howard  being 
asked  by  the  Jury  what  he  said  to  the  earl  of 
Anglesev's  evidence,  owned  what  the  earl  said, 
but  he  did  it  to  outface  the  matter ;  and  if  he 
said  untrue,  he  ought  not  to  he  believed  on  bif 
oath,  and  insinuated,  that  he  meant  what  be 
said  to  be  meant  of  a  design  of  murdering  the 
king,  which  he  did  not  believe  the  duke  of 
Monmouth  or  the  lord  Russell  guilty  of. 

This  being  the  stun  of  the  evidence  given 
against,  or  for  my  lord  RusseD,  let  us  consider 
how  far  it  will  justify  tbe  verdict  given  against 
him :  first,  consider  tbe  improbability  of  Rum- 
se3r''s  evidence,  if  my  lord  Cavendish  said  true, 
that  he  should  trust  Uamsey  to  bear  tbe  debate 
about  seizing  the  guards,  when  the  lord  Russell 
had  an  ill  opinion  of  Rumsey,  As  for  Rum- 
sey's  delivering  the  message,  there  was  no 
great  matter  in  that,  it  is  impossible  to  binder 
people's  speaking,  and  it  is  not  treason  to  con- 
ceal what's  said ;  bendes,  it  was  well  known,  it 
was  Rumsey's  way  to  talk  extravagantly,  in 
order  to  accuse  those  that  heard  bun,  if  they 
did  not  discover  it    But  besides  tbe  improba- 


STATE  TRFALS,  S5  Charms  A*  l<»S^fWrf^miS«»  l»riRnB9eU,[m 


»f  Ae  evid-^ce  hi  re«p«ct  of  theperBon, 
ioner  of  delivering  tbe  eridencc,  and  the 
ce  itself  was  soch  as  carried  no  cetoar  of 
vith  it:  he  said  he  delivered  his  message 
d  an  answer  to  it ;  and  bcinff  asked  what 
ii  any  said  further,  answered,  that  was  all 
as  said  at  that  time,  that  he  remembered, 
res  a  very  good  reason  for  it,  for  he  staid 
>vc  a  quarter  of  an  hour ;  and  added,^Bt 
;  not  certain  whether  he  then  heard some- 
of  a  declaration  there,  or  whether  Mr. 
son  reported  it  to  my  lord  Shafterfiary, 
ey  had  deliated  it :  and  Y^t  when  Sbep- 
lid  Rumsey  was  there  when  the  declara- 
\s  read,  he  denied'  U,  and  said  it  was  read 
he  came  in.  Beingr  asked  to  what  the 
ition  tended,  he  answered  to  another 
,  nz.  that  there  was  some  discourse  ahont 
what  posture  the  ffiiards  were  in,  and 
sat  all  the  company  debated  it;  and  being 
on  by  questions^  i»aid,  it  was  in  order  to 
lie  guards,  if  the  rising  had  gone  on. 
low^doth  that  part  of  the  evidence  agree 
hat  he  said  before,  that  there  was  nothing 
aid  than  the  delivering  bis  message,  and 
iswer  t«  it?  And  how  doth 'it  agree 
le  time  he  said  he  staid,  which  was  not 
I  quarter  of  an  honr  ?  Whereas  that  de- 
■  all  the  persons  present  (being  six)  de- 
t,  as  he  said  they  did,  would  certainly 
taken  up  a  larger  time.  How  does 
^  and  last  part  of  his  evidctice  agree, 
he  said,  my  lord  Rassell  agreed  to  the 
r  of  his  message  ?  And  being:  asked  whc- 
nd  what  he  spoke  to  it,  said,  he  spoke 
the  risings  at  l^ufiton,  but  doth  not  say 
and  yet  m  the  first  part  of  his  evidence, 
(!,  when  asked  who  sent  the  message 
Mr.  Ferguson  delivered  the  answer,  toe 
f  Monmouth  and  the  lord  Russell  were 
t,  and  he  thought  the  lord  Grey  said 
ling  to  the  same  purpose.  But  what 
could  be  given  to  any  patt  of  a  man's 
ce,  whose  memory  was  so  shallow,  tiiat 
Id  not  remember  whether  he  %vas  at  two 
ffs,  or  whether  Mr.  Ferguson  related 
them  to  the  lord  Shaftebury  ?  Yet  both 
nipposed  to  be  witliin  the  compass  of  « 
vhereas  a  man  of  sense  is  supposed  to 
ber  all  his  own  acts  for  seven  years  past, 
is  the  reason  why  the  chancery  obliges 
to  answer  as  to  nis  own  acts  positively 
en  years,  without  saying,  as  he  be- 
,  or  as  he  remembereth,  or  the  like, 
credit  is  to  be  jfiven  to  a  witness  who 
th  what  was  said  in  company,  and'  by 
when  his  memory  doth  not  serve  to  an- 
►ositively  whether  he  was  in  the  com- 
or  whether  anothei  told  him  what  was 
>aid  ?  He  miafht  as  well  have  said  he 
pre,  or  dreamt  he  was  there,  or  that  he 
he  discourse,  or  dreamt  of  it,  which  had 
equal  credit  with  it. 

AS  plain  the  man  was  not  of  sane  me- 
nough  to  make  a  will,  much  less  to  be 
«s  in  the  trial  of  a  man's  life ;  and  no- 
an  be  said  ibr  him,  but  that  he  was  a 


witnesB  for  the  king,  ftnJb  is  io  say^  a  madma 
may  be  *a  witness  to  tajce  away  a  man's  lif^, 
which  is  as  good  Isw  as  a  gjeat  deal  of  other 
cant  rented  as  a  part  oTthe  prerogative.' 

It  is  true,  one  of  the  king's  counsel  recom- 
mends Rtimsey  to  the  jury,  as  a  rerr  credible 
witness,  under  the  notion  of  an  unwillmg  wit- 
ness: but  had  the  same  person  been  a  counsel 
for  the  prisoner,  he  would  have  iuilled  Ramsey 
a  dancmg  witness,  for  he  said  backward  and 
forwards ;  and  an  amazed  witness,  for  being 
asked  one  thing,  he  answered  another  ;  being 
asked  as  to  the  declaration,  he  answered  to  tli^ 
seizing  of  the  guards ;  being  asked  whether 
ray  lord  Russell  assented  to  the  answer  of  tbe 
nvessage,  he  replied.  Yes,  because  "he  talked  of 
the  risTog,  &c.  which  m%ht  be  as  well  against 
to  for  it. 

Sheppard's  evidence  was  to  the  design  of 
seizing  the  guards ;  and  as  to  the  declaration,, 
he  i-emembered  but  two  meetings,  at  botli 
which  he  said,  as  he  ren^embered,  my  lord 
Russell  was  present,  but  he  could  not  beposi- 
tiye  in  that,  and  the  times  of  the  meetings  b« 
did  not  remember :  he  said,  tbe  substance  of  tbe 
discourse  was,  how  to  surprize  the   king's 
guards ;  and  tbe  duke  of  Monmouth,  tbe  lonl 
Grey,  and  sir  Thomas  Aroistroag  went  to  see 
the  guards,  as  he  remembered :  and  tbe  neil 
time  they  came  to  the  house,  sir  Thomas  Arm- 
strong said  the  guards  were  veiy  remiss,  &c. 
Tftking  this  evidence  by  itself,  wilhoBt  tackti^ 
Rumsey 's  evidence  to  it,  it  was  so  far  from 
being  evidence  of  treason,  that  it  was  no  crime; 
for  he  doth  not  sav,  it  was  intended  to  be  put 
injpractke,  uotwfthstanding  all  said  by  him: 
botn  tbe  discourses  and  persons  Tiewmg  tbe 
guards,  (which  last  was  not  evidence,  nor  ongiit 
to  have  been  given  in  evidence)  might  be  a 
matter  to  try  each  other's  Ju^msnls,  as  welt 
as  an  evidence  of  a  thing  designed:  arid  if  it  be 
cajiaWe  oftwo  iftterprelations,  tiie  Uw'  b«tb 
iaid,  tt  sMl  be  taken  m  mitiore  smsu^  b  favour 
of  life.     *rhtX  aistincttOD  was  taken  by  the 
chief  justicerin.'Blagoe's  case,  theday«fterhis 
trial,  where  the  evidence  against  mm  was  a 
disoonrae  about  taking  the  Tower,  as  high  a 
crime  as  seizing  the  guards;  and  iwontbat 
Btagne  was  acquittdd.     It  is  true,  fottcfey 
said  it  was  in  order  to  be  ptit  in  practioe, 
when  the  rising  should  be  in  the  eouAtry ;  but 
that  he  did  not  say  atibrst,:bttt  was  afwwarff 
led  to  itty  questions:  nor  did  he  speakitasa 
thm^  at  that  or  any  other  tinae  determiDad,  but 
as  his  own  surmise  or  guesa,  because  he  kaew 
of  an  intended  rising;  yet  how  fbolisMy  *Ji^  ^ 
contradict  hnnsdf?  For,  says  Ramsey,  it^ 
to  have  been  put  in  practice  if  the  uileadW 
rising  had  gone  on ;  itod  jH  at  die  same  met- 
ing he  had  said  before,  4e  rising  was  put  off: 
how  contradictory  therefore  is  it  to  say  tbey 
made  preparations  for  a  ihmg  they  had  W 
aside  before  ?   And  it  is  plab  Sbeppard  sp^*** 
of  the  same   time ;  for  both  agree  Rvmttf 
was    at  that  meeting,  though  di^  do  a^ 
agree  how  soon  he  came:  besides,  how  <»a»» 
Sheppard  speak  positivdy  'of  the  disooarse,  o^ 


809]  ^AtE  TAtALS,  SB  Ch4KLBs  H.  f  6t9.T-/4r  £B^  TrarMH. 


fWOi 


of  the  desij^  of 'H,  when  be  owns  lie  ilid  not 
hear  all  the  discourse,  and  giyen  a  very,  gpood 
reanon  for  itP  For  be  md  he  went  sereml 
times  down  to  fetch  wine,  su^r,  and  nutmefp, 
and  did  not  knew  what  was  i^aid  in  his  absence: 
be  said  he  heard  nothing  abont  a  lising,  nor 
heard  any  further  discourse ;  but  on  recollec- 
tion, he  heard  something  about  a  declaration 
«f  ^evances  in  order  to  a  rising*,  as  lie  sup- 
posed ;  the  particulars  he  could  not  tell.  Now 
what  sort  of  evidence  was  that  ?  in  ail  civil 
matters,  a  witness  shall  not  be  pprmitted  to 
«ive  evidence  of*  the  content  of  a  de«l  or  writ- 
ing', without  producinjEi:  the  deed  or  writing 
itself,  or  a  true  copy  of  it,  and  upon  very  good 
reaaoii ;  for  he  may  make  an  nntrue  construc- 
tion of  it.  I  remember  a  witness  who  swore  to 
the  content  of  adeed  nfintait ;  and  being  asked, 
whether  he  knew  a  deed  of  intsAl,  and  by  wiiat 
be  knew  the  deed  he  spoke  of  to  be  a  deed  of 
intail  ?  answered  he  knew  a  tailed  deed  very 
well,  and  he  knew  the  deed  to  be  a  tailed  deed, 
because  it  bad  a  tail  half  as  long  as  his  arm, 
meaning  the  label  of  the  deed.  And  if  this  be 
the  practice  and  the  reason  of  the  practice,  in 
ei^il  matters,  shew  me  any  authority  or  reason 
anr  thing  should  be  permitted  to  be  given  in 
evidence  in  treason,  which  is  not  permitted  to 
be  given  in  evidence,  in  the  trial  of  any  civil 
matter. 

ff^onsay  as  justice  Levinzsaid  in  a  like 
ease  m  Colledge's  tnal,  that  it  would  be  the 
difficultest  thinf?  in  the  world  to  prove  treason 
'  against  a  man,  if  the  law  were  not  so,  and  the 
king  would  in  no  sort  be  safe;  en  the  other 
hand,  I  say  as  Colledge  there  said,  if  the  law 
•hould  be  so,  no  private  person  is  safe  :  and  if 
there  be  mischief  of  either  hand,  the  law  is  and 
most  be  judge,  which  hath  taken  oare  (though 
Id  no  purpose,  because  it  hath  not  been  <%- 
served)  that  there  shoidd  be  a  stricter  proof  in 
treason  than  in  any  civil  matter,  of  in  any  other 
crime :  and  how  ^e  jndges  eameto  permit  that 
loose  evidence  in  treason  to  be  given,  which  of 
late  years  they  have  done,  no  just  or  honest  ac- 
'  count  can  be  given. 

The  last  material  witness  against  my  lord 
RnasellfWasmy  lord  Howard,(a8  for  Attenrarlr's 
-evidence,  it  ought  not  lo  have  been  pemiited  to 
be  given,  as  shall  be  shewn,  nor  was  it  material) 
to  no  part^f  whose  evidence  any  credit  ought 
to  be  given,  even  by  his  own  etofession :  he 
was  surely  in  the  right,  when  he  said  that  the 
religion  of  an  oath  is  not  tied  to  a  place  ;  and  I 
will  add,  not  to  a  form,  but.  receives  its  obliga- 
tion from  the  appeal  therein  made  to  God :  and 
therefore  if  he  said  (though  I  own  he  was  not 
bound  to  say  it)  to  the  earl  of  Bedford,  Mr. 
Howard,  and  Dr.  Burnet,  what  waste^stified 
agamst  him,  he  ought  not  to  be  believed  io  any 
part  of  his  evidence.  Did  he  say  true  to  my 
lord  Bedford,  when  unsent  for  and  unasked, 


yet  be  tcnew,  If  he  swore  true,  that  my  lord 
Russell  was  guiKy  of  such  a  barbarous  design : 
thet  nothing  but  the  lord  Howard*s  doty  Ut 
God,  the  kingt  and  the  country,  could  prevail 
Mith  him  to  give  it  in  evidence  against  a  person 
for  whom  he  had  so  great  an  affection  as  he 
had  for  my  lord  Russell.     How  was  it  con- 
sistert  with  the  truth  of  his  evidence  what  be 
said  to  Mr.  Howard,  that  he  knew  nothing  of 
any.  man's  bding  concerned  in  that  busmess, 
and  |)articularly  of  my  lord  Ross^,  whom 
he  highly  commemled  and  ^aid,  he  tbonght 
the  lord  Russell  unjustly  sniTereid ;   -or   widi 
what  he  said,    to   Dr.  Bpmet   with    hands 
and  eyes  lift  up  to  heaven,  which  is  as  much 
an  ap(ieal  to  God  as  may  be,  that  he  knew  no  - 
'  thing  t)f  any  plot,  nor  believed  any  ?  It  was  an 
idle  evasion  to  say,  when  he  spoke  of  my  lord 
Russell, he  meant  my  lord  Russell  was  not  guilty 
of  the  design  of  murdering  the  king*,  (for  whicn 
that  man,  as  he  said,  was  committed,  meaning 
Walcot,  the  lord  Russell,  or  any  other  nersoi^ 
for  he  is  still  at  liberty  to  explain  himself,  and  X 
am  apt  to  think  they  were  all  committed  by 
warrants  of  the  same  form.    T  ^luow  not  how 
dextrous  he  is  at  paring  an  apple,  bnt  he  ma«t 
be  an  excellent  logician  that  can  reconcile  tbft 
truth  of  bis  evidence  and  saying.    The  tru^ 
is,  a  man  that  has  those  niceties  in  his  head 
ought  to  have  no  credit ;   for  no  man  knovrs 
whether  he  understands  what  he  says  aright^ 
and  I  am  apt  tothinkhis  lordship  couM  shew, 
thet  he  did  not  intend  what  he  said  at  my  lor<£ 
Russell's  trial  in  the  sense  it  was  understood  by 
the  court  or  the  jury .    To  say,  that  be  was  to 
ont-face  the  thing  for  himself  and  his  party.  • 
was  as  vain  ;  (for  besidesthat  1  think  he  waft 
of  no  party,  because,  as  my  lord   Rossell 
said,  he  had  the  Hick  to  be  trusted  by  none) 
where  was  the  sense  of  making  those  prates^ 
tatioHs  to  persons  who  oouM£  him  no  good^ 
and  wonia  do  hhn  do  harm,  both  which  my  loiid 
Pembertoncottkl ;  andthereforett  wasootaKkef 
Itistrtie,the8ttoniey-general  commends  the 
lord  Howardas  a  person  of  greatcredit  amongst 
the  party,  «nd  insinuates  the  lord  Grey  waa 
left  out  ofthe  cabal  for  his  immorality,  and  the 
k>rd  Howard -vras  taken  in  his  {dace.    But  to 
pass  fnm  the  general  of  his  evidence  to  the 
partictdars  of  it,  for  aboat  two  leaves  in  the 
priot  of  it ;  it  is  a  diaoourse  between  my  lotkl 
ohaAsbnry  and  him,  wherein  be  makes  my 
lord'  Shaftsbury  have  a  wonderful  eonftdenoe  in 
him,  and  discovers  all  the  design  to  him,  and 
wliat  mimber4»f  men  he  had  at  command ;  but 
who  they  were  or  what  they  were,  was  never 
yet  discovered,  *and>yet  the  lord  H/swapd  had 
not.at  that  time  been  concemed  in  thedoatter, 
nor  did  then  assent:  iie  very  prudently  nma 
resolved  to  seevwhether  it  was  likely  to  take 
effect  or  not,  before  he  would  oiter  on  it.    It 
was  indeed' a  matter,  of  great  wonder  to  these 


(for  aiight  appears  after  my  lord  Rossell  was    who  .knew  my  lord  Shafbbury,   and  knew 
clapt  into  the  Tower)  that  sure  his  son  ooald    what  opinion  he  bad  of  the  lord  Howard  from 


never  be  in  any  such  plot  as  tliat,  or  suspeeted 
for  it,  and  that  he  knew'  nothing  against  him,  or 
•oy  body  else,  of  tach  a  barbarous  design  ?  and 


the  time  he  discovered  that  the  lord  Howatd 
frequented  the  duchess  of  Portsmoijith,  whkdi 
was  before  FiUharris's  trial,  (though  after  that 


Wl]  STATE TRlALS/d5CHAatss  11.  i6a3.— IHtff^TfTfluoiLoril^iitwtf,  tS»* 

trial  the  matter  was  publicly  owned,  which  was 
before  suspected  by  inoiBt  knowD  to  the  lord 
Shafisbury)  thut  he  should  so  readily  trust  the 
lord  Howard  with  the  secret,  who  was  uncon- 
eeraed  in  the  management  before,  as  he  says 
himself,  and  yet  secreted  himself  from  the  duke 
of  MoniQOuth  and  my  lord  Russell,  \^  bo  were 
equally  guilty,  if  what  was  sworn  was  true. 
I  cannot  but  obserTe,  tbjit  in  all  the  time  of 
the  lord  ShaiUbury,  the^  lord  Howard  was  no 
otherwise  concerned  in  the  pretended  design, 
but  in  raising  difficulties,  and  l^eing  iu  great 
tear  lest  there  should  be  a  risinnr  or  an  attempt 
upon  the  king's  person :  and  if  he  said  true, 
he  was  tbe  man  that  put  off  the  intended 
risingSy  and  likewise  the  intended  design  on  the 

kinsr's  person  :  insomuch,. that  T  think  he  was 

80  iV  nrom  standiuo^  in  need  of  a  pai'don  ibr 
.treason,  that  he  ^served  a  consiuerable  re- 
ward, if  it  were  for  nothing  else  than  for^is 
.  fearing  the  design  was  discovered  by  the  pro- 
.  clamation  against  bonfires,  whicli,  as  he  said, 

nut  o£f  the  rising  intended  to  be  the  17th  of 

November;  and  yet  he  and  othei-s  being  alraid, 
.  the  middle  of  January  they  .erected  themselves^ 

into  a  cabal  of  six  persons,  of  which  diere  is 
.  but  one  person  in  all  his  narrative  he  pretends 

to  have  spoken  to  about  that  matter  before, 

which  is  the  duke  of  Monmouth,  and  but  one 
.  more  he  pretends  even  by  hearsay  to  he  con- 
cerned in  it  before,  which  is  my  jord  Russell. 
'  How  improbable  therefore  was  it,  that  those 

six.  persons  should,  as  it  were  in  sight,  put 

tliemselves   upon  such  a  dangerous  design, 
.especiadiv  considering  the    reason   he  gives 

for  it,  which  was-  their  fears,  that  what  had 

been  transacted  was,  or  noight  be  discovered  ? 

This  likewise  is  observable,  that  from  the  30th 

of  September,  the  time  the  sboiffs  entered 

upon  their  office,  to  the  17th  of  November 

following,  he  is  very  exact  as  to  the  time  of 

each  matter,  when  there  was  no  per^n  could 

•contradict  him ;  for  my  lord  Shaftesbury  was 

dead,  Walcot  was  convicted,  and  the  duke  of 

Monmouth  was  gone,  who  are  all  the  persons 

mentioned  to  be  concerned  in  that  time:  yet 

.  when  he  comes  to  sped&  of  the  matter  in  which 

my  lord  Russell  was  concerned,  then  he  says 

it  was  about  the  middle  of  January,  about  ten 

daysa^er,  about  six  weeks  after,  about  three 

weeks,  and  five  weeks ;  for  had  he  been  precise 

in  the  times,  he  might  have  been  disproved  in 

the  meetings  he  gave  evidence  of :  and  it  was 


much  his  memory  was  so  very  pwd  as  to 
former  tim^,  to  be  so  very  precuie  in  them  as 
he  was,  and  so  very  defective  m  the  latter  times  i 
and  yet  those  times  do  not  make  u^  the  space  of 
between  the  middle  of-  January  and  the  time 
the  trial,  by  many  weeks,  unless  you  will  give 
large  allowances  to  the  word  *  iJiout ;'  an  excep- 
tion which  was  taken  to  Mowbray's  evidence, 
though  lie  rectified  it  by  his  account  in  bis 
almanac ;  but  it  would  nnt  be  admitiud,  though 
CoUedge  very  sensibly  desired  of  the  court, 
for  justice  sake,  to  look  on  the  almanac,  to  see 
whether  it  was  newly  writ,  as  if  done  for  that 
purpose. 

Besides,  the  improbability  if  such  a  tlung 
was  in  hand,  as  the  lord  tioward  pretended, 
for  him  to  run  into  the  country,  and  then  to  tbe 
Bath,  when  the  matter  was  just  come  to  a 
ciisLs,  as  it  were,  shews  him,  if  he  swore 
true,  rather  a  madman  than  a  traitor. 

But  the  usage  of  tbe  king's  counsel  and  the 
court  towards  the  prisoner  was  very  unjust 
and  unfair;  tliey  permitted  my  lord  Howard 
to  go  on  with  a  long  story  of  him  and  my  lord 
Shaftshury,  at  which,  when  my  lord  Russell 
took  exceptions,  the  ciiief  justice,  it  is  true, 
said  it  was  no  evidence;   yet  the  attomey- 
gcneral  bidding  him  go  on  in  the  method  of 
time,  he  went  on  whei%  he  left  eflf,  intemaixing 
stories  of  designs,  and  of  attempts  by  other 
persons  upon  the  king's  person,  to  exasperate 
the  jury,    as  my  lord  Russdl  said  rightly, 
against  him  ;  a  thing  which  no  counsel  dnrsl 
iiave  done,  and  no  court  would  have  suDered 
in  any  other  case,  nor  even  in  that  would  the 
court  or  counsel  sufier   it  for  the  |«isoner. 
How  was  my  lord  Anglesey  checked  when  he 
began  to  tell  what  my  lady  Chaivorth  said, 
and  Mr.  Edward  Hoi^ard  when  he  did  not 
speak  of  his  own  knowledge !   How  unjust  was 
it  for  the  king's  counsel  to  repeat  all  the  evi- 
dence the  lord  Howard  ^ve,  when  they  ^uro^ 
med  it  up,  even  that  which  the  court  told  them 
before  was  not  evidence !    How  unjust  was  tb* 
insinuating  of  the  death  of  mv  lord  of  Essex, 
as  evidence  against  my  lordi  Russell!     And 
why  did  not  the  oourt  in  summing  up  the  evi- 
dence take  notice  of  the  Uberty  the  w^essei 
and  counsel  had  taken,  and  have  told  them 
what  was  not  evidence  ?    No  other  reason  can 
be  given  than  what  Colledge  said  at  his  triad 
upon  his  observation  of  Fitzharris's  business  and 
his  Own,  that  the  matter  was  not  to  stop  at  hioi. 


BESIDES  the  preceding  Tracts,  it  seems 
from  the  Biographia  BritShnica,  article  Rus- 
sell, that  there  were  published  concerning  lord 
RusselPs  trial,  '*  Ammadversions  on  the  late 
Speech  and  Confession  of  t|ie  late  William  lord 
Russell  ;'*  and  also   *'  Considerations  upon  a 

{irinted  sheet,  intitled,  The  Speech'  of  the  late 
ord  Russell  to  the  Sherifis,  together  with  the 
Paper  deiirered  by  him  to  Uiem  at  the  place  of 
EXtOition,  July  2Ut,  1683."    It  is  said  that 


the  writer  of  this  was  the  wdl  known  Roger 
L'Estrange,  and  that  Tillotson's  Letter  to  lord 
Russdl  was  annexed  to  it.  This  Letter, 
upon  the  unlawfulness  of  resistance,  is  also 
printed  by  Harris,  in  bis  Life  of  Charle!»  the 
Second,  p.  5254,  from  Birch's  Life  of  Tillotson, 
(p.  109 j,  in  which  work  are  mentioned  some 
particulars  of  lord  Russell's  tenaci^  of  his 
opmion  respecting  that  matter,  'nllotson's* 
Letter  is  a  short  and  meagre  petformancei 


S13] 


STATE  TRIALS,  35  Charles  II.  1 683— /or  High  Treason. 


[S14 


Of  its  likelihood  to  oooTert  lord  Rossell,  the 
reader  shall  bare  an  opportunity  to  judge  for 
himself.    Tlie  liOiter  is  as  follows : 

^'  My  lord ;'  I  was  heartily  glad  to  see  your 
lordship  this  morning,  in  that  calm  and  devout 
temper  at  receiving  the  sacrament.  But  peace 
of  mind,  unless  it  he  well  g^nnded,  will  avail 
little,  and  because  transient  discourse  many 
times  hath  little  effect,  for  want  of  tirae  to 
weigli  and  consider  it ;  therefore,  in  tender 
compassion  of  your  lordship's  case,  and  from 
all  the  good  wilf  that  one  man  can  bear  to  ano- 
ther, I  do  hum5ly  offer  to  your  lordship's  de- 
liberate thouj^hts  these  following  considera- 
tions concerning  the  point  of  resistance,  if 
our  religion  and  rights  should  be  invaded, 
as  your  lordship  puts  the  case ;  concerning 
which,  I  understand,  by  Dr.  Burnet,  that 
your  lordship  had  once  received  satisfac- 
tion, and  am  sorry  to  find  a  change.  First ; 
that  the  Christian  Religion  doth  plainly  forbid 
the  resbtance  of  authority.  Secondly,  that 
though  our  relieion  be  established  ny  law 
(which  your  lordship  ai^es  as  a  difierence 
between  our  case  and  that  of  the  Primitive 
Christians) ;  yet,  in  the  same  bw  which  esta- 
blisAics  our  religion,  it  is  declared,  that  it  is  not 
lawful,  upon  any  pretence  whatsoever,  to  take 
up  arms,  &c.  Besides- that,  there  is  a  pai*ti- 
cular  law,  declaring  ihe  power  of  the  militiaf  to 
be  solely  in  the  king.  And  this  ties  the  hands 
of  subjects,  though  the  law  of  nature  and  the 
general  rules  of  scripture  had  left  us  at  liberty : 
which,  I  believe,  they  do  not ;  because  the  go- 
vernment and  peace  of  human  society  could 
not  well  subsist  upon  these  terms.  Thirdly ; 
your  lordship's  opinion  is  contrary  to  the  de- 
clared doctrine  of  all  Protestant  Chiirches. 
And,  thpu^h  some  particular  persons  have 
thought  otherwise,  yet  they  have  been  con- 
tradicted herein,  and  condemned  for  it,'  by  the 
generality  of  Protestants.  My  end  in  this  is, 
to  convince  yonr  lordship,  that  you  are  in  a 
▼cry  great  and  dangerous  mistake:  and  being 
8o  convinced,  that,  which  was  before  a  sin  of 
ignorance  will  appear  of  a  much  more  heinous 
nature,  as  iu  tlie  truth  it  is,  and  call  for  a  very 
imrtlcular  and  deep  repentance ;  which  if  your 
lordship  sincerely  exei'cise  upon  the  sight  of 
your  error,  by  a  penitent  acknowledgment  of 
it  to  ^od  and  men  ;  you  will  not  only  obtain 
foi^veness  of  God,  but  prevent  a  mighty 
scandal  to  the  Reformed  Religion.  I  am  very 
lotli  to  give  your  lordship  any  disquiet  in  the 
distress  you  are  in,  which  I  commisserate  from 
my  heart ;  but  am  much  more  concerned,  that 
you  do  not  leave  the  world  in  a  delusion  and 
nice  peace,  to  the  hindrance  of  your  eternal 
happiness.  1  heartily  pray  for  you ;  and  be- 
seech your  lordship  to  believe  that  I  am,  with 
the  greatest  sincerity  and  compassion  in  the 
world,  your  lordship^s,  &c. 

"  John  Tillotbon.*' 

To  this  Letter^  Harris  has  subjoined  some 
remarks  made  upon  it  by  Johnson,  the  author 
4jf  J  ulian,  in  his  ondinary  caustic  manner.  He 
tfts  also  added  quotations  from  other  authors 


upon  the  subject,  which  called  forth  the  re- 
monstrances and  exhortations  of 'Illlotson. 

In  the  Introduction  to  the  publicatioii  of  lady 
Rachel  Russell's  Letters,  ed.  1799,  sodiething 
more  on  the  topic  is  coliecied.  In  the  year 
1690,  Tillotson  consulted  lady  Rachel  Russell 
as  to  his  acceptance  of  the  archbishopric  of 
Canterbury,  which  he  tells  her  king  William 
pressed  much  upon  him  contrary  -to  his  own 
wishe^.  The  lady  answers,  "  The  time  seem9 
to  be  come  that  yon  must  put  anevr  in  practice 
that  submission  you  have  both  so  powerfully 
tried  yourself  and  instructed  others  to."  .  See 
also  as  to  Non-resistance,  a  curious  anecdote 
inserted  (as  printed  by  I>a}rympie  from  lord 
Dartmouth's  MS.  Notes  on  Burnet)  in  a  Note 
to  the  carl  of  Argyle's  Case,  vol.  8,  p.  1016» 
of  this  Collection. 

It  has  been  said  that  Barillon  returned  to 
France  from  his  embassy  in  £ng^nd  very 
wealthy.  This  may  countenance  the  conjec- 
ture that  he  had  appropriated  to  himself  momea 
which,  in  his  accounts,  he  had  charged  as  dis- 
bursed to  others. 

Burnet  (Own  Times,  vol.  1,  p.  638,  ed.  of 
irsi)  tells  us,  «  that  when  Mr.  Charteris,  the 
divine,  came  by  Argyle's  desh«  to  attend  him 
previously  to  his  execution,  that  lord  told  him 
lie  was  satisfied  in  conscience  with  the  lawful- 
nejss  of  what  he  had  done,  and  therefore  de- 
sired he  would  not  disturb  him  with  any  dis- 
course on  that  subject :  the  other,  after  he  had 
told  him  his  sense  of  the  matter,  complied  easily 
with  this;  so  all  that  remained  was  to  prepare 
him  to  die." 

The  following  particulars  I  transcribe  from 
the  Biogmphia  (article  Russell)  where  thej 
are  inserted  upon  the  authority,  as  it  appears,  of 
Birch's  Life  of  Tillotson: 

"  This  divine  (Dr.  Burnet)  telte  us,  that  being 
sent  for  by  his  lordship,  on  Monday  July  16, 
1683,  he  thought  by  tne  ground  which  he  had 
grained,  in  discoursing  on  the  subject  of  resist- 
ance, it  would  be  easy  to  persuade  his  lordship, 
that  it  was  absolutelyuulawful ;  though  indeed 
his  lordship  went  no  further  at  first,  than  he 
did  at  last.  However,  the  doctor  thinking  that 
step  which  his  lordship  had  made,  gave  further 
hopes,  told  the  dean  [Tillotson]  that  he  be-^ 
lieved  his  lordship  was  convinced  of  that  point* 
Lord  Russell  persisting  in  his  former  opiDion, 
notwithstanding  the  endeavours  of  the  deta 
and  doctor  to  alter  it,  added  to  the  speech  he 
was  comp<»inff,  the  following  passage,  not 
now  extant,  in  me  printed  copy,  '  For  my  part 

*  I  cannot  deny,  but  I  have  been  of  opinion, 

*  that  a  tree  nation,  hke  this,  might  defend  their 

*  re  igion  and  liberties,  when  invaded  and  taken 

<  from  them,  though  under  pretence  and  colour 

*  of  law.     But  some  eminent  and  worthy  di- 

*  vines,  who  have  had  the  charity  to  be  often 
'  with  me,  and  whom  I  value  and  esteem  to  a 

*  very  great  degree,  have  offered  me  weighty 

<  reasons  to  persuade  me,  that  iaith  and  pa- 
^  tience  ar^  tne  proper  ways  for  the  preierva- 


«15]  STATE  TRIALS,  il$  CHAtttES  11.  l683.— Trifl7^m/Zk»{^d^*«ef/.  [8l6 


*  ti«n  of  religion;  and  the  method  of  the  gos- 

<  pel  is  to  suifer  pei*secutioD,  radier  than  to  use 

*  r<fsistance.    But  if  I  have  sinned  in  this,  I 
«  hope  God  will  not  lay  it  to  my  chaiigv,  since 

<  h^  knows  it  was  •nl?  a  sin  of  ignorance.' 
This  being  read  to  tl^  Jean,  on  Friday  monif- 
ing*  July  the  aotfa,.  life  was  aon^  to  find  itso 
ikdective;  but  ilot  haring  then,  leisure  to  speak 
to  loni  RuBssU  of  it,  he  returned  in  tlio  dler- 
noeii^  aM4  pressed  his  lordship  to  delsser  him- 
self move  ftdly  iit  that  matter,  and  gavo  him 
a^paper  coneeming  it;  «id  as  he  came  est, 
meeting  Dr.  Burnet,  ^desired  him  to  uife  the 
point  liome  to  hie  tofdship,  and  citbectocanr 
&m  IhvtiMr,  or  strike  out  the  whole  paragraim 
abete-dtadv  since  the  conclnston  oTitwao  ao 
cold;  and  wished  that  the  Ant  pail  of  it  migiit 
f>o  quite  1^  out.  The  doctor^  accordiitfly, 
^isoourstng  lord  Russell  again  upon  the  amnr, 
his  fordshiif  anawerad,  that  be  eonld  nst  sasy  a 
lie,  and  he  waa  sure  liie  doctsr  uwdd  not  de- 
sire it,  and  he  was  soro  if  he  went  further,  he 
i*«t  needs  lie.  He  mid^  that  ho  had  not  lei- 
smo  now  to  study  pelKtMs;  that  the  notion 
which  he  had  of  the  laws,  and  «f  iie  "Sigiiah 
government,  was  diierent  from  that  of  the  two 
divines ;  vet  he  said,  so  far  did  he  submit  to 
them,  ana  to  tiie  reasons  which  they  had  of- 
fered him,  thatke  was  willing  to  go  so  far  as 
lie  bad  done,  but  he  could  not  go  farther  with- 
out being  Asingenuous.  And  when  at  last  the 
doctor  proposed  the  suppressing  of  the  whole 
pen^fraph,  he  was  very  well  satisfied;  and 
said,  that  his  cbief  reason  for  putting  it  in,  was 
to  prevent  any  inconveniency  that  might  arise 
to  them.  So  it  was  struck  out.  But  he  said 
often,  that  whatever  his  opinion  might  be,  in 
cases  of  extremity,  he  was  against  these  ways ; 
and  ever  thought  a  parliaaientary  cure  wao  the 
proper  i^medy  fur  all  the  distempers  of  the  na. 
tion ;  and  soid,  that  ho  and  a  few  more,  (I 
think  he  said  half  a  dozen,  or  half  a  score,)  had 
taken  much  pains  to  moderate  people's  heats, 
for  three  years  together,  and'  had  ever  per- 
suaded their  friends  to  be  quiet,  and  wait  for  a 
parFiament." 

See,  too,  Mr.  Fox's  account  of  what  passed 
between  the  duke  of  Monmouth  and  Turner, 
Kenn,  Hooper  and  Tennison,  during  their  at- 
tendance to  prepare  him  for  his  execution. 
Note ;  it  apnears  from  the  Biographia  that  the 
whole  of  Burnet's  Journal  is  printed  in  the 
G^eral  Dictionary. 

E^awi,  in  te  third  edition  «f  his  History, 
vol*  f ,  p.  1095,  says : 

<<  jSince  the  first  e^tion  of  this  volume,  I 
obtained  a  narrative  from  a  great  man,  taken 
from  archbishop  Tillotson's  own  mouth,  which  '. 
I  bought  best  to  be  placed  by  itsetfl  It  informs 
us,  That  about  two  days  before  the  lord  Rua- 
oefTs  death,  Dr.  TiOotaon  going  to  attend  upon 
that  onfcrtunato  k«d,  wao  suddenly  stopt  by 
Dr.  Burnet  in  the  street,  "who  told  hira  <  They 

*  had  now  some  good  hope  of  saving  his  kini  • 

*  ship's  life:  The  main  unnediment  of  which 
^  being  his  awo\i«d  priafiiple^  Thnt 


*  "was  in  some  cases  lawful,  he  had  convioceU 

<  that  lord  of  his  mistake,  and  that  he  was 

*  ready  to  own  his  error  in  it.    Therefore  he 

*  desired  Dr.  Tillotson  to  go  immedialel}'  to 
'  die  lord  HaliiaxaDd  acquaint  him  with  it ; 
'who  would  thereupon  go  again  to  tbo 
'  king,    and   use   his  utmost  endeavours   to 

*  obtain  his  pardon.*  This  being  pressed  with 
some  warmth  and  vehenacnoe,  Dr.  Tillotsoa 
went  accordingly,  and  delivered  his  message  to 
the  lord  Halirax.  Bnt  calling  upon  the  lord 
Rnssel!  in  Newgate  upon  his  return,  he  was 
very  much  surprised  and  troubled  to  find  that 
his  lordship  was  under  no  such  conviction  aa 
Dr.  Burnet  %ad  hastily  believed,  and  reported 
him  to  be 

**  Dr.  Tillotson,  vered  and  uneasy  at  what 
be  had  dbne»  and  willing  to  clear  himself  of  it 
after  the  best  manner,  resolved  the  next  day  to 
try  what  he  could  do  to  bnng  bis  lordship  la 
some  change  in  his  opinion.  But  it  beiugr  the 
last  day  before  his  appointed  execution,  and  nut 
knowing  whether  he  should  be  able  to  see  him 
alone,  he  wrote  the  letter,  which  was  soon  after 
print^  ;  and  took  it  to  his  pocket ;  resolvii^  if 
ne  conld  not  discourse  with  him,  to  desire  bim 
to  read,  and  oonsidet  the  letter  he  should  give 
to  him. 

**  He  found  his  lordship  alone,  told  him 
what  he  had  done,  and  gave  the  letter  to  bim, 
who  read  it  with  great  deliberation ;  and  ac- 
knowledged to  him,  '  That  he  had  diereio 
oifAred  more  to.  convince  him^  than  he  had 
ever  met  with  before :  That  be  was  now  sa- 
tisfied nothing  but  a  case  of  a  very  extraordi- 
nary nature  could  justify  subjecto  in  taking 
up  arms  against  their  prince  :  That  he  was 
fiilly  of  opmion  no  such  cause  had  been  g[iven 
by  the  king,  to  justify  any  such  attempt 
against  him.  But  still  he  thought  such  cir- 
cumstances there  might  be,  in  which  it  would 
be  lawful  for  them  to  resist. '  Being  asked  by 
the  doctor,  <  What  those  cases  were,'  he  an- 
swered, *  He  had  not  considered  the  matter  so 
'  far  and  fully  ;    and  he   had  other  things 

<  more  proper  to  be  thought  on  at  that  time.' 

**  On  that  same  evening  dean  'HlIotsoB 
waited  again  upon  the  lord  Hallifax,  to  account 
to  him,  what  mistake  he  had  been  led  into,  and 
what  he  had  done  upon  it :  And  the  better  ta 
justify  himself,  shewed  him  the  very  letter  he 
bad  written  to  tlie  lord  Russell.  While  that 
loivi  was  reading  it,  sir  Thomas  Clarges  came 
in ;  and  after  a  little  time  the  dean  took  leave, 
my  lord  Hallifax  putting  the  letter  into  his 
pocket,  and  promising  to  be  answeralde  for  it. 
But  in  the  mean  time  sir  Thomas  not  only 
found  opportunity  to  read  it,  bnt  to  titke  a  copy 
of  it ;  and  from  that  copy  (and  I  think  by  nif 
means)  it  was  very  soon  aner  printed. 

"  Ota  the  evening  of  the  next  day,  when  tl#' 
lord  Russell  was  executed,  dean  llllotaon  was 
sent  for  to  tbo  cabinet  council,  and  carefully 
examined  touching  that  lord's  bebavionr  befive 
and  at  his  death.  The  king  particidariy  com- 
mended ^  dean^s  letter,  and  wondered,  <  What 

<  could  he  Mid  to  iC    HotoUhiamiyeilytb^ 

0 


•17]     STATE  TRIALS,  35  Chielbs  it  l663.---7Ha/  o/Algermm  Skfiuy.     [81» 

Wd'f  •piabii,  «Thttt  such  drcomstanoeiillielre 

*  mi|^t  be^ia  which  it  would  be  lawful  to  re- 

*  list ;'  and  further  intimated  as  though  it  was 
his  own,  'That  it  was  not  intfKMnible  to  find  out 

*  a  case  of  eiception,  though  he  wouhl  not  pre- 
« sently  jpreteod  to  specify  it'  The  duke  of 
Voik,  who  Wai  wilUng  to  belie?e  there  were 
aofM,  with  some  warmth  vr^  him  to  name 
thocaae.  And  not  being  saSsfied,  the  kmg 
nore  miUly  eaid,  <  Brother,  the  dean  speaks 

*  like  an  honest  man,  press  him  no  foiiher.' 
After  which  be  told  his  majesty,  That  the  lord 
KoBsell  had  dechored  to  him,  *  Thai  he  was 

*  petmaded  the  king  bad  never  done  any 
«  thi^g  to  justify  any  one  in  rebellion  against 
^  him :  That  he  had  never  an^  such  thought 

*  himself  and  kept  company  with  those  unhap- 
py men,  only  to  preserre  the  duke  of  Mon- 


_  led  itito  any  rasb  undertake 
ings  by  them,  and  more  par&eularly  the  ead 
ofShafisbilry.*  Being  then  asked,  <  Why  the 
lord  Rdmell  did  not  discover  their  doigns  to 
the  king?*  His  answer  was,  That  that  hml 
hadsaki,  « He  could  not  betray  his  frisnds,  nor 
'  turn  infoimer  agamst  Aem,  while  he  saw 
tberewas  no  danger:  Butiflhingahadeome' 
to  a  crisis,  he  would  have  contrived  some  no* 
tice  to  have  been  given  to  tbe  kine  of  it ;  an< 
in  cbse  of vioknee,  wouU  himseVhave  bee* 
readv  tooppose  them  with  his  swonl  in  hit 

**  The  king  himself  confirmed  Ae  truth  of 
the  {freetest  fMurt  of  this  account,  and  m  con- 
dusMm  said,  <  James  (meaning  the  duke  of 
*lIonmoitth)  has  told  pae  the  saaie  thing.'  '* 


-  w 


OO.  The  Trial  of  Colonel  Algernon  Sidney,*  at  the  KingVBench^ 
for  High  Treason :  35  Charles  IL  a.  d.  1683. 


%if  November  the  7th  1683,  Algernon  SM-  | 
m,  esq.  was  by  Habeas  Corpust  brought  to  te 
h  of  the  court  of  King's  bench,  and  the 
cli  of  the  crown  having  read  the  return,  Mr. 
Ainey  GencK^  inibmwd  tbe  couit  there  was 
attidictment  against  the  prisoner,  and  prayed 
ktiight  be  ehiu^  with  it. 

If.  ^  Cr.  Akcmen  fifidaey,  Hold  imthy 
M.    [WWchEdid.]  ^  / 


$dd.M.    'Thejurorsibr  our  kurd  the  king 

u|i  their  oaths  do  present.  That  Algeraon 

SSWsy,  ktoof  the  parish  of  St.  Martin  m  the 

'*M,  ifl  the  county  of  Huldlesear,  esq.  as  a 

lUUnBtor  aganut  the  most  iUnstrious,  most 

'  ^odlient' prince,  oar  lord  Charles  9,  by  the 

M  of  God,  king  of  England,  Scotland, 

Frttie  and  Ireland,  and  his  natural  lord,  not 

havfp.  the  fear  of  God  in  his  heart,  nor  weigh- 

kiff  leduty  of'hiaalleKiance,  hot  moved  and 

seSuedby  tin  insiigatioa  of  the  devil,  utteriy 

vithrawuv  the  cordis!  fove,  and  true,  due 

uhml  obedisnce,  which  n  true  and  iaithful 

mlwtof  our  said  lord  the  king  should  bear 

to^rdahimtheBsid  lord  the  ling,  and  of 

rigt  is  bound  to  bear  ;  contrivioff,  and  with 

alt  k  strength  intsnding  to  disturb  the  peace 

anmrnnmon  tnmquillit^  of  this  kingdom  of 

Sn|iBd,  and  to  stir  up  and  dmvo  war  and  le- 

beUiOanuist  thesakl  tord  the kiitf ,  and  to 

suhvit  &e  flovemment  of  the  ssia  lord  the 

Ungi  this  kingdom  of  England,  and  to  de<* 

ad  deprive  the  said  lord  the  king,firom 


*  Seedie  Introductioii  to  the  Trials  for  the 
Bye-Hose  Plot,  p.  514,  of  this  vohmne,  and 
Ae  Extacto  froitt  Nanassus  Lnttrell's  MS.  at 
tibe  end  d*  this  Trial. 

f  **  ThB  Habeas  Corpus  was  granted  the 
itj  bote,  which  was  beibre  the  indktment 
«UB  tmtt  by  the  grand  jury,  lor  it  was  not 
presentedto them  tifl  after  he  was  toughtto 
Ihehall."  NoiiiftftfBcrEdititt. 

youvu 


the  title,  honour  and  regal  name  of  the  lm« 
penal  crown  of  hia  kingdom  of  England,  ami 
to  bring  and  put  the  said  lord  the  king  to  death 
and  fiuldestmction,  the  thirtieth  day  of  June 
in  the  five  and  thirtieth  ykiur  of  the  ragn  of 
our  kird  king  Charles  9,  now  king  of  Eng* 
land,'  See.  and  divers  other  days  and  times,  as 
well  before  as  after,  at  the  parish  of  St.  Oilea 
in  the  fiekls,  in  the  county  of  Middlesex,  ma* 
lidously  and  tndterousU,  with  divers  other* 
trsitors,  to  the  jurors  aforesaid  unknown,  did 
conspire,  compass,  imagine  and  intend  to  de* 
prive  aad  castdown  the  sakl  kird  the  king,  Jiia 
supreme  natursl  lord,  not  oo^  ftem  the  T^J 
sute,  title,  power  and  rule  of  his  kiagdom  of 
Eimlsml ;  but  also  to  kill,  and  bring  and  put 
to  death  die  same  hwd  the  king,  and  tocbange, 
alter  and  utteriy  subvert  the  andetit  govern- 
meat  of  this  his  kingdom  of  Sogland,  and  to 
cause    and   procure  a  misersEle  slaughter 
among  the  subfocts  of  the  said  kird  th^kkg 
through  his  wfaloie  kingdom  of  £n||^d,  and 
to  move  and  stir  up  an  iasarrsction  and  re^ 
bellkm  agauMt  the  said  kird  the  king,  wtthia 
this  kingdom  ofEnghmd.    And  toftdfllaad 
nerihct  toow  faiamest'horrid,  wicked  snd  dia- 
boliesl  treasons,  and  traiterous  compassingii^ 
imaginatMNw  and  purposes,  the  same  Algermm 
SidMy,  as  a  ftlse  traitor,  then  and  th«re,aDfi 
divers  other  days  and  times,  as  well  befoi^  aa 
after,  maliciously,  traiterously  and  advisedly, 
did  assemble  himself,  meet  and  consult  wkh 
the  afbresakl  other  traitois  to  the  joron  aibra- 
bsmI  unknown,  and  with  the  saose  traitors  did 
treat  of,  and  for  those  his  treasons  and  trai«. 
teroua  compasringa,  unaginatHms  and  pur- 
poses,  to  be  executed  and  futfillcd     And  that 
the  aforesakl  Algernon  Sidney,  as  a  false  trai- 
tor, maliciottsly,  traiterously  and  advisedly, 
thea  and  there,  and  divers  other  da^  and 
timea,  as  well  before  as  after,  upon  himself, 
dkl  sasnme,  and  to  the  aforesaid  other  traitors 

dkl  MunvMthalhe  irovM  be 


8 19]     STATE  TRIALS,  55  €h ABLfes  If.  iBM.^Trial  of  Algerfum  SiAwy,      [SaO 


<  8islio|r  in  the  execatioD  of  tb«ir  treasons  and 

<  traiterous  eompassiD|2f8,  hnaffinatioos  and  pur- 

<  poaes  aforesaid,  and  to  fulfil,  perfect  and  re- 
«  dnee  to  effect  thoee  their  moM  norrid  treasons 
«  and  traiterous  oompassingB,  imairinations  and 
«  purposes  aforesaid^  the  same  Alffpmon  Sid- 

<  ney  as  a  false  traitor,  then  and  there,  falsly, 
4  maiioiously,  advisedly  andtraiterously  did  send 

<  one  Aaron  Smith  into  Scotland  to  invite,  ^ro- 

<  core,  and  incite  dirers  evil-disposed  subjects 
c  of  our  said  lord  the  fcin^,  of  his  kingdom  of 
t  Scotland,  to  come  into  this  kingdom  of  En^- 
c  land,  to  advise  and  consult  with  the  aforesaic^ 
€  AJgemon  ^dney,  and  the  aforesaid  other  Un- 
4  known  traitors  in  this  kingdom  of  England,  of 
«  aid«nd  assistance  to  be  expected  and  supplied 

<  from  the  kingdom  of  Scotland  to  fulfil,  per- 
« feet,  and  to  reduce  to  effect  those  their  most 
(  wicked,  horrid  and  traiterous  treasons  afore« 
«  said.  And  that  the  aforesaid  Algernon  Sid - 
«  ney  to  fuuil  and  perfect  those  most  wicked, 
«  homd  and  devilish  treasons,  and  traiterous 
c  compassings,  imagim^tiona  imd  purposes 
i  aforesaid ;  and  to  persuade  the  subjects  of  the 
«  said  lord  the  king  of  this  kingdom  m  England, 
«  Thft  it  is  lawful  to  make  and  'stir  up  an  in- 
<«surrection  and  rebellion  against  the  said  lord 

*  the  king  that  now  b,  the  said  thirtieth  day 
■  of  June,  in  die  flvC  and  thirtiedi  year  of  the 

<  reign  of  the  said  lord  the  king  that  now  is,  at 
« the  parish  of  St.  Oiles  in  the  field,  in  the 

<  coimty  of  Middlesex,  falsly,  unlawfiilly,  wick- 
« edly,  seditiously  and  traitorously^  did  make, 

<  compose  and  write,  and  caused  to  be  made, 
« composed  and  written,  a  certain  false,  sedi- 
« tioi^s  and  traiterous  libel,  in  which  said  fidse, 

<  seditions  and  traiterous  libel,  among  other 
« lAngs,  is  contained  as  fbUoweth  in  these 
«  English  words,  viz.  "  The  power  originally  in 
«  the  |»eople  of  England  is  delegated,unto  the 
«  parliament,  he  (the  most  serene  lord,  Charles 

*  S,  new  king  of  England,  meaning)  is  subject 

*  unto  the  law  of  God,  as  he  is  a  man  to  the 
«  people,  that  makes  him  a  king,  inasmuch  as 

*  be  is  a  king,  the  law  sets  a  measure  unto  that 
'subjection,  and  the  parliament  judges  of  the 

<  particular  cases  thereupon  arising,  he  must 
«  oe  content  to  submit  his  interest  unto  theirs, 
«  sinee  he  is  no  more  than  any  one  of  them  in 
« any  other  respect  than  that  he  is,  by  the  non- 

*  sent  of  all,  raised  above  any  other ;  if  he  doth 

<  not  like  this  oondition,  he  may  renounce  the 
'  croWn ;  but  if  he  receive  it  upon  that  condition 

*  (as  all  magistrates  do  the  power  they  receive) 

<  and  swear  to  perform  it,  he  must  expect  that 

*  thp  performance  will  be  exacted,  or  revenge 

<  taken  by  those  that  he  hath  betrayed."    And 

<  that  in  another  place  in  the  said  false,  seditions 
'  and  traiterous  libel,  among  other  things^  these 
f  false  seditious  and  traiterous  English  sentences 

*  areeontained  (that  is  to  say),  "  we  may  there- 

<  fore  change  or  takeaway  kmgs,  without  break- 

<  ing  any  yoke,  or  that  is  made  a  yoke  which 

*  ouglit  not  to  be  one,  the  injury  is  therefore  in 

*  mdcingor  imposing,  and  there  can  be  none  in 

*  breaking  it,"  Against  the  duty  of  his  allegi- 

*  anoei  againstthe  peace  pf  tbeaaid  now  loid  the 


'  king,  his  crown  and  dignity,  &c.  And  against 

*  the  form  of  the  statutes  in  this  case  maM  and 

*  provided,  &c.* 

How  sayest  thou  ?  Art  thou  Guilty  of  this 
Hiffh  Treason  whereof  thou  standest  indicted; 
or  Not  Guilty  ? 

Col.  Sidney.  My  lord,  I  fbd  an  heap  of 
crimes  put  together,  distinct  in  nature  one  nront 
another,  and  distinguished  by  law  ;  and  I  do 
conceive,  my  lord,  Uiatthe  indictmeivt  itself  is 
thereupon  void,  and  I  cannot  be  impeached 
upon  it.  ' 

X.  C.  J.  (Sir  George  Jefferies.)  We  are  not 
to  admit  of  any  discourses,  till  you  answer  the 
question,  whether  you  be  Guilty  or  not  Guilty. 

Mr.  Att.  Qen^  (Sir  Robert  SawyerV  If  be  wiV 
demur,  my  lord,  we  will  give  him  leave. 

Col.  Sidney.  I  presume  your  lordship  wiUdi 
>«ct  me,  <br  I  am  u  ignoriuit  mn  in  idatten  i 
this  kind,  I  may  easily  be  surprized  in  it,  :^ 
never  was  at  a  trial  in  my  life  of  a^y  body,  a|f 
never  read  a  law  book. 

^L,  C*  J.  Because  no  prisoner  under'  y^ 
circumstances  is  to  have  counsel,  but  in  sp0il 
cases  to  be  assi^ed  in  matters  of  law,  the  dft 
is  bound  by  their  oaths  and  duty  of  their  pliss 
that  thisy  shall  not  see  any  wrong  done  to  yoJ* 
But  the  lousiness  that  we  are  to  tell  yon  noiis, 
you  are  to  plead  Guilty,  or  not  Guilty,  or  deair, 
which  is  a  confession  in  point  of  law. 

Sidney.  Under  favour,  my  lord,  there  ity 
be  indictments  that  are  erroneous,  and  ifhey 
are  erroneous  and  vitious,  they  are  null^ 
ought  not  to  be  answered  to. 

Mr.  Just.  Withins.  If  you  please  to  dnnr 
to  it,  you  shall  bai^  liberty  to  make  an;  ex- 
ceptions. 

Sidney.  I  do  notdemnr,it  isonly  e^ce^ons. 
I  think  in  matters  of  life^  a  man  may  ge  ax 
his  exceptions  to  the  bill,  and  plead  not  fnilty 
aflerwanls.  lam  sure  in  sir  Henry  ^aoe^B 
case,  the  court  said  it,  and  offered  him  to  <)  it  ;f 
that  which,  under  favour,  1  hope  to  do. 

L.  C.  /.  You  must  pl^id  or  demur. 

Sidney.  My  lord,  if  I  put  in  exoeptins  ^o 
^e  bill,  I  do  not  ^^«d  until  those  excptiois 
are  over-ruled.  This  was  in  the  caaesf  sr 
Henry  Vane. 

L.  C.  J.  Sir,  I  must  tdl  you,  you  niut 
either  plead  or  demur. 

Sidney.  My  lord,  there  are  in  this  indicment 
some  treasons,  or  reputed  treasons,  tha  may 
come  within  the  statute  of  the  ISth  of  thftking, 
which  is  limited  by  time,  the  prosecutin  must* 
be  in  six  months,'  and  tiie  indictment  within 
three.  Now,  my  lord,  if  that  this  busiess  that 
is  mentioned,  be  above  six  months  bfhre  my 
commitment,  or  above  three  before  tk.  indict* 
ment,  I  think,  under  favour,  I  ought  nt  to  an- 
swer to  these  matters. 

L.  C.  J.  You  are  mistaken  in  the  Lw.  Thai 
wiU  be  saved  when  the  fact  comes  ti  appear. 

*  SeeNotestothe  Cases  of  Don  Piantaleoit 
Sa,voL  5,  p.  466,  and  of  Twyn  anc  otiftOii 
vol  6,  p..  516,  of  this  Collection. 

t  See  as  to  this,  vol,  §,  p.  143.  ^ 


«2l]       •     STATE  TRIALS,  35  CnAKx.zs.U.  iGSS.-^f or  High  Treaadn. 


[822 


If  tbej  aDedge  the  Hung  to  be  at  a  time,  which 
according  to  thikt  allegfation  would  maintaia  the 
indictment,  if  upon  the  trial,  it  appear  other- 
wise, the  court  is  boun4  to  take  notice  of  it 
whenyouoometo  your. trial,  bat  we  are  not 
bound  to  exaaunethat  before  you  have  pleaded. 

Sidnev,  My  Jord,  every  body  will  acknow- 
ledge, that  there  have  been,  or  may  be,  vitioua 
jhdjctments.  Now  if  I  plead  to  an  erroneous 
indictment,  and  am  acquitted,  I  may  be  mdieted 
^gmt.  Bills  of  attainder  have  been  upon 
errors  in  original  indictpients,  as  that  of  the 
duke  of  Somejset.  Now  if  there  be  here  se- 
veral things  distinct  in  nature,  distingfuished  by 
law,  that  are  put  together,  it  is  impossible  to 
ipake  a  positive  answer  to  any  one.'  If  any 
one  should  tell  me,  that  I  by  myself,  or  by 
others,  by  sword  or  by  pistol  conspired  to  kill 
the  king,  I  can  say,  I  did  it,  or  I  did  it  not.  If 
any  one  say,  I  have  levied  war,  and  by  several 
acts  undertake  to  prove  I  have  done  it,  I  can 
say  I  have  done  it,  or  I  have  not.  But  here  I 
doHc't  find  any  thing  specified,  or  can  tell  upon 
what  statute' I  am  indicted./  I  pray  I  may. see 
the  record. 

i.  C.  /.  That  we  cannot  do.  Ymi  shall 
liear  it  read  ^in  if  you  will,  •  if  you  think  it 
to  be  a  void  indictment,  demur  to  it  if  you  will. 

Sidtt^.  My  ierd,  1  desire  you  to  accept  of 
this.    [Shewing  a  parchment] 

X.  C.  J.  What  is  it  ?  ,  put  in  what  |»lea  you 
shall  be  advised ;  but  if  you  put  in  a  special  plea, 
and  Mr.  Attorney  demurs,youmay  have  judg- 
ment .of  death,  and  by  that  you  wave  the  fact. 

Sidney.  I  cannot  nuike  any  objection  to  the 
bill  after  I  have  pleaded  Not  Guilty,  for  I  ac- 
cept the  bill  therdl>y  to  be  good. 

L*  C'J-  If  you  can  assign  any  matter  of 
law,  do.  But  otherwise  what  a  kind  of  thing 
ivoukl  it  be  :  all  criminaJs  would  say,  in  aU 
cases,  I  doubt  whether  the  bill  be  good  or  bad. 
And  after  I  have  tlius  considered  of  it,  I  will 
plead.  .You  are  misinformed,  and  this  the 
court  tells  you  as  a  duty  incumbent  on  them. 

Just.  Withint,  If  you  demur,  and  shew  what 
your  cfiuses  are,  we  will  assign  you  counsel. 

Sidney.  I  desire  you  will  not  try  me,  and 
make  me  to  run  on  dark  and  slippery  places  I 
don't  see  my  way, 

.  -L.  C.J*  l>on'*t  apprehend  yourself  to  be  so 
asif  the  court  would  run  you  on  any  incon- 
renience.  But  they  are  bound  to  see  the  me- 
thods of  justice  preserved,  they  are  those  that 
yoQ,  and  all  the  king^s  subjects  are  bound  to 
conform  to.  If  any  one  of  us  were  in  the  same 
condition,  we  roost  observe  the  same  methods 
©flaw.    . 

CI.  of  Cr.  Art  thon  Guilty  or  Not  Ooihy  ?  > 

Sidney.  Then  pniy>  my  lord,  will  you  teUme 
this»  b  It  true,  that  a  man,  how  vitious  soever 
an  indictment  is,  must  answer  or  demur  to  it? 

JLC.  J,  He  must  either  answer  or  demur. 

■■     ■     ■    I   ■■  -      ,  ■■■  i»      .        , 

*  See  flir  Henry  Vane's  Case,  vol.  6,  pp. 
132,  133,  135, 143.  Oates's  Case,  May  8th, 
1685.  Chamock's  Cawy  a.  d.  1696,  in  this 
Colkction. 


Sidney.  Are  there  no  exceptions  to  be  ad- 
mitted? 

L.C.J.  None:  And^if  you  don't  do  the  one 
or  the  other,  judgment  passes,  as  if  you  had 
pleaded  .^ukhv. 

Sidney.  Hm  is  a  Plea  *. 

Mr.  Just,  wahins.  Will  you  stand  hf  kt 
Consider  yourself,  and  yoijfr  life,  if  you  put  in 

*  Re\  versus  SiDKEYf  for  High-Trea86n. 

Midi'  35  Car.  2.  B.  R. 

The  Plea  (drawn  by  Mr.  Serjeant  Rotberam) 
which  he  of£ered  to  the  Court. 

*'  Predict*  Algernon  Sidney  dicit  quod  pe^ 
statut*  in  p&riianienta  iuchoat*  et  tent'  apud 
Westm'  octavo  die  Mali,  anno  regni  Domini> 
Regis  nunc  decimo  tertio,  et  ibi  oontinuat*  usque 
trioesimum  diem  Julii  tunc  prox'  sequens  el 
ab  eodera  tricesimo  die  Julii  adjomatum  usque 
vicesimnm  diem  Novembris  tuuc  prox'  sequenS 
intitulatum,  '  An  Act  for  the  Safety  and  Pre- 
( servatton  of  his  MajestyHt  Person  and  Go- 
-' ^ernment  against  Treasonable  and  Seditious 
'  Practices  and  Attempts,'  inter  alia,  oi'dinat*  et 
inactitat'  fnit,  per  autoritatem  parliamenti 
preedicti,  quod  nulla  persona  sive  persfwe, 
virtute  actus  pruedicti,  incurretet,  aliquas 
penalitates  in  actu  predicto  roeiitiottatS  nisi 
Ipse  vel  ipsi  prosecut'  esset  vel  e«WBt  infra  sex 
menses  prox^  post  offens'  commisS  et  indict' 
esset  superinde  infra  tres  menses  post  talem 
prosecutionem,  ahquo  in  statute  prcraict*  con- 
tent'in  contrarium^non  obstante.  Etpnedictus 
Algernon  ulterius  dieit,  quod  ipse  prosecute 
fiiit  et  coromissus  prisonie  Turns  de  Londoiif 
pro  offens'  in  indictamento  pnedict*  mentiomRS 
26  die  Junii  ultimo  preetento,  etnou  antea,  el 
ibidem  continuat'  prisonar'  hue  usque,  et  quod 
ipse  praedict' Algernon  non  fiiit  indictat*  pro  ali- 
quo  vel  aliquibus  oifens'  in  indictamento  preedict' 
mentionat' infra  tres  menses  prox^  post  prose- 
cutionem prsMlict'.  £t  hoc  pnedict*  Algernon 
parat'  est  veriiicare ;  unde  petit  judicium,  si  ipse 
prcedict*  Algernon,  quoad  aliqnod  crimen  sive 
ofTens'  in  indictamento  praraict'  mentionat*, 
quod  crimen  vel  ofTens'  non  fuit  alta  proditio 
ante  confectionem  statuti  praid%  respoiidere 
debeat,  et  quoad  omnes  proditiones,  crimina,  el 
offens*  iudictarn^nto  praedict'  mentionata,  <{U9 
non  fuere  vel  fuit  alta  proditio  ante  ootolec^ 
tionem  statuti  pnedictS  idem  Algernon  dicit. 
quod  per  statutum  in  parliamento  tent<^  apud 
Westm'  in  com*  Middlesex  in  festo  sanoti  Hi- 
iarii,  anno  regni  Domini  Edwardi  nuper  Re- 
gis Angli«  tertii,  anno  regni  sui  viceaimo 
quinto  editum^  intitulatum,    *A  Declaration^ 

*  which  Offences  shall  be  judged  High-Trea- 

*  aon,'  inter  alia,  inactitatum  fuit  autoritale 
eia$dem  parliament!,  quod  si  uUus  casus  suppo^ 
situs  esse  proditio,  qui  non  specificatttr  in  eodeni 
statute,  accident  coram  aliquibus  Justitiariis, 
Justitiani  moram  fttcient  (Anglu*%  shatl  iarty) 
sine  aliquo  progressn  ad  judicium  (Anglioegoifi^ 
to  judgment)  depnedicta  proditk»e,  usque  eansa 
monstretur  et  decboretur  coram  Rege  et  par- 

ito  SBO.  '  Quodque  per  statutum  in  par- 


«S J     CTATB  TRIALS,  U  Csailss  H.  l68d.-*7Hi/  «^  il^fmum  Sidbiy,     (821 


Hmt  fk^  and  Mr.  Attorney  demiirsy  if  your 
plea  M  not  good,  your  life  is  ^one. 

Sidney,  enjf  my  hml,  giro  mo  n  day  to 
^^anaiderofit 

X.  C.  J.  No,  wenraat  not  tntrodooenefr  mo- 
thpda  of  forma  for  any  body.  The  same  caae 
Ifcat  10  #illi  you  may  be  with  olber  people. 

Sidit^.  My  lord,  I  do  not  pretend  to  any 
thing  but  what  is  law,  and  due  to  eveiy  man 
upon  Engiiah  ground.  1  would  be  wmj  aorry 
to  do  that  which  may  be  Imrtfol. 

£.  C.  J.  You  have  the  ride  of  the  court. 
Yon  must  do  one  or  the  odier.    Call  him  to  it. 

Sk^ney.  I  desire  this  may  be  read.  [Shewing 
Ihe  aarae  parqhment.] 

£.  C.  /  It  shall  not  be  road  nnleos  yon  put 

ii.  •  ■  ft 

l^maaa  plea. 

Solicitor  Gimeral,  I  must  do  mj  duty. .  Mr. 
Williams  exceeds  hia  liberty,  he  mfomia  the 
prisoner  seyeral  things.       ^ 

Mr.  Williams.  1  only  said,  if  it  was  a  plea, 
put  it  in,  Mr.  Attorney  can  hear  all  I  sav. 
r Whereupon  Mr.  Williams  waa  reprored  by  the 
loid  ohiet  justice.]*         ^     , 


tent*  apod  Westm*  in  cornm^  MiddS 
erainto  die  Ootobria,  anno  re^  Domine 
Marin  naper  ReginsB  AnglisB  pnmo,  intitula- 
tom,  <  A  lupeal  of  oeveral  Treasons,  fokmiea  and 
*  l^rsexnioim,'  ipactit^  ftut,  inter  aln,  antqritate 
^usdeni  parliamenti,  quod  abinde  nullum  foc^ 
tnm  vel  offens*  exiflten*  per  aetum  parliamenti, 
Tel  atatut*  fact*  proditio  per  verba  acript*  nota- 
lionem  (AngUce  typkering)  fi^otS  aut  aliter 
^uocuiique  capt*  habit*  census  (An^cet^emei) 
tel  adjudicat*  esse  alta  proditio,  nisi  tantunr  tal* 
^usB  declaraotur  et  expnmuntor  esse  proditio 
in  vel  per  actum  parlianienti,  vel  atatut*  foetum 
IP  anno  vieesimo  quinto  regni  prcnobilis  Regis 
Edwardi  tertii  taingen'  vol  conoernen^  proditiones 
Tel  decIaraUones  proditionis  et  null<  alS  nee  quod 
aIiqu8B  poBosB  mortia,  poenalitates,  velforisfoctur* 
in  ali^uo  mode  sequuntnr  (Anglice  entite)  v<d  sint 
alicui  peccatori  (Aog^ioe  ajfemUr)  vel  peecatori- 
bus  ( Anglioe  offendcrt)  pro  ftcien'  vel  oommitten* 
aliquam  proditionem  aliter  quam  tal<  qmein 
atatuto  pnedicto  facto,  in  dicio  anno  viceaimo 
^uioto  regni  dicti  £dwardi  Regis  ordinate  et 
provis%  ioiquo  aotu  Td  actus  parliamenti, 
atatut^,  vel  staiuta  ad  aliquod  tempos  antea 
habit*  vel  foct'  post  dictum  vicesimum  quintum 
annum  dicti  nuper  Regis  Edwardi  tertii,  vel 
aliquam,  al'  dedaratiopem  vel  matenam  in 
oontmium  aliquo  modo  non  obstante.  £t 
pr«dictu8  Algeroon  dicit,  quod  ipse  non  est 
culpabilifl  de  aliqua  vel  aliqumus  proditione  ve( 
|»roditioBibu8  in  iudictamento  pnedicto  men- 
tionat*  oua  spedficatur  Tel  spedficantur  in 
atatuto  Ultimo  mentionato  modo  et  f^Mrmaprout 
in  indictamento  preedicto  mentionat'.  Et  de 
hoc  ponit  se  super  patriam." 

«  By  the  favour  of  Mr.  Charles  Walkin 
Williams  Wynn,  I  have  had  permission  TNo- 
Tomber,  a.  o.  1810}  Co  cause  to  be  copied  for 
this  Work  several  papers  which  had  belonged 
to  his  ancestor,  sir  William  WiUiams  {He  wiis 
created  a  baronet  by  Uog  Jomea  ^  Second 


iSidii^.  lottlygiveitaaexoeptionstotheliO. 
CL  q^'Cr.  Art  thou  guihy  ornef  gnilty  P 


in  the  year  1680),  who  waa  the  Mr.  Wdlkoat 
mentioned  in  the  text,  tea  of  these  ii  tn 
Older  signed  by  lord  Sunderland,  and  dated,  tt 
it  aaema.  Ootr.  9(Hh,  1683, «  ailowinr  Mr. 
Thompson,  Mr.  Rottmson,  [qu.  RawEoson] 
Mr.  BamficU,  Mr.  WUliams  and  Mr.  Ro- 
thcram,  aa  couiBel,  and  Mr.  Wynn  as  solialor 
for  Mr.  Sidney,  for  the  purpose,  I  ooojeetane, 
of  assisting  hmi  in  preparing  for  his  trial. 

Another  of  sir  William  WilKama's  Fkpenii 
the  panel  of  Jurors,  which  (with  some  alow- 
ance  for  errors  of  trauacriptiiHi  and  fanprci- 
sions)  appears  to  include  the  twdve  who  tiied 
col.  Sidney. .  It  is  aa  foUowa  : 

T%e  Numei  of  the  Jurors  inL  Donu  jR^met 

Sir  Rcgmald  Foster,  of  Cripplmte,  bart 

Sir  John  Musters,  of  Homaey,  l3i 

Pensgr.B^^,  of  St  Martyn-in-the-Fiddi,a9. 

Richard  Morley,  of  the  sanae,  eaq. 

Jaa.  Supple,  of  St.  Mv^-in-the-Fiddi,g«»« 

J<dm  Augier,  of  Westrnmater,  gent 

Richardrisher,  of  the  same,  gent 

John  Kirke,  of  the  same,  sent 

Christoj^ier  Granger,  of  the  aame^  gent 

John  Nico(dl,  of  FnLcbley,gent 

Wm.  deeve,  of  Cripplegate,  gent 

Richard  White,  of  the  same,'gent 

Sir  C.  Gerrad,  of  Harrow  on  the  HiD,  bait 

Su-Ridiard  Fisher,  of  ClerkenweU,  bart 

Sir  Robert  Daores,  of  Clei^enwdl,  bait 

Sir  J.  Kirke  of  St.  Martyn*a  in>the-Fiek^lit. 

John  Wells  <tf  Mariano,  gent 

Samuel  Lynn,  senr.  of  GlerkanweD,  gnt 

Michad Todd,  of  theaamer  gent 

Wm.  Dynn,  of  the  aame,  gent 

Lawrence  Wood,  of  HolbownOy  gent 

John  Powell,  of  the  Strond,  geott 

Hugh  Hamersley,  of  the  same,  gent 

John  Cannon,  of  St  Giles  m  the  FiaMs,  fCOL 

Sir  John  Brattle,  of  Enfidd,  knt 

Sir  Richard  Downton,  of  Iskwortb,  knt 

Sir  Wm.  Hill,  of  Teddington,  Iqit 

Ralph  Havrtrey,  of  Rislipp,  eaq. 

Francis  Knbwfes,  of  Covent  Garden,  esq. 

IhooiasUinton,  of  St.  Giles  m  the  FieUs,  gilt 

John  Merridell,  of  the  same,  gent 

John  Bavley,  of  the  same,  gent 

Abel  Andrewa,  of  Edmonton,  gent 

Ruben  Bourne,  of  Edmonton,  gent. 

Emery  Aigus,  of  Westminster,  gent 

Rd.  CScK^er,  of  St  Martyna  m-the-FieUi,  gUl. 

Thomas  Rowe,  of  Homsey,  esq. 

John  Bathurst,  of  Edmonton,  esq. 

Richard  Pagitt,  of  Westminater,  esq. 

Nehemiah  AmoU,  of  the  aame,  eaq. 

Wilham  FVeeman,  of  Hatton  Garden,  esq. 

William  ATory,  of  Enfield,  esq. 

Francis  Stevens,  of  Westminster,  esq. 

T.  Pheipps,  of  St  Maitybs-in^he-FieldiSg^ 
John  Smalbone,  of  the  same,  gent 
Thomas  WhitfieU,  of  the  same,  gMt 
John  Haynesi  of  the  same,  gent 


125]  STAT?  TRIALS,  35CHABLt8  II.  l683.— /tfr  High  Treattm.  fa2(J 

^nty.  If  any  one  sbimtd  iisk  me  any  par<- 
colur  ttiiiiff,  I  could  tdl  how  to  answer. 

JLCf.  He  asks  you  a  particolar  iking. 
Ilia  the  doty  of  the  court  to  pronounce  judg- 
ment, if  you  do  not  plead. 


mimm 


Charles  Monke,  of  the  same,  gent. 

Jolin  Sharp,  of  Wappinff *  esq. 

John  Cierlsi^  of  Chiswick,  esa. 

Wm.  Wute,  of  St.  Clements  Danes,  gent. 

J.  Bignal,  sen.  St  Hartyns  in  -the-Fields,  gent 

George  Clisby,  of  the  same,  gent. 

Nicholas  Baxter,  of  the  same,  gient. 

Thomas  Roberts,  of  the  same^  gent. 

Joftm  Hazard,  of  St  Clements  Danes,  gent. 

Jeremiah  Plainer,  of  the  same,  gent 

Wm.  Reeves,  of  the  same,  gent. 

Wro.  German,  of  the  same,  ge^t 

TbMiias  Claxton,  of  Harrow,  esq.  •*  . 

Charles  Prior,  of  Highgate,  esq. 

Tkomptf.  Curtis^  of  Ht  Clemeata  Danes,  esq. 

— ^  Bradsbaw  of  the  Strand,  esq. 

Tho.  SLcnsey.of  St.Gile8,  in-the-Fields>  esq. 

Richard  Taylor,  of  Chiswiok,  esq. 

Wm.  Grores,  of  St.  Cl^nents  Danes,  gent 

John  Bert,  of  the  Savoy,  gent 

Samuel  L^nn,  jaar.  of  llolbome,  gent 

Richard  BromneSd,  of  the  same,  gent. 

Eldward  Hamp8tea4,  of  St  Giles,  gent 

Beiqamin  Boltb}^  of  the  same,  gent 

Chnstoph^  Chambers,  of  the  same,  gvnt 

Arthur  Blithe,  of  Paddington,  gent 

John  Leeson,  of  the  Stsond,  gent 

l^emas  Blton,  of  Stepney,  gent 

Nicholas  Grioe,  of  Hessen,  esq. 

SimMi  Smith,  of  Westminster,  esq. 

Bartholomew  Parr,  of  East  Smithfield,  gent 

Francis  Qhild,  of  Acton,  gent 

John  Davis,  erf' St  Marty n'a,  gent 

John  White,  of  the  same,  gent. 

Steven  Philtipps,  of  the  same,  gent 

Richard  Foster,  of  Westminster,  gent 

Thomas  Graves,  of  the  Strond,  gent 

John 'Singleton,  of  the  same,  gept 

Thomas  Tatter,  of  the  same,  gent. 

Robert.Longlaad,  of  St.  Giles,  gent 

James  Blagrave,  of  the  same,  gent. 

Wm.  Abel,  of  the  same,  gent. 

Mr.  WiHisms  took  much  pains  in  the  in- 
struction of  Mr.  Sidney  for  nis  tnal,  as  wt^y 
be  seen  by  the  foUowmg  extracts  from  the 
papen  communicated  by  Mr.  Wynn ;  in  which 
flOfoe  repetitions  will  be  found. 

The  Stat  of  Erst  and  second  of  Philip  and 
Mary*  doth  repeal  all  mesne  statutes  in  trea- 
ton  to  iie  statute  of  Edward  the  third,t  and 


«  Tbisshouldratherhe  the  slat.  1  Mary,  cil. 

f  Mr  Chrifltian  (note  10  to  4  Blackst. 
Comm.  30)  notices  that  this  had  been  done  far 
more  efet^uaUy  six  years  before,  by  st  1, 
Ed.  6,  0.19,  and  he  proceeds  to  observe  that 
the  olgec  of  the  needless  repetition  in  the  time 
of  oueen  t ary ,  seems  to  have  been  to  continue 
to  Mary  ^he  popularity  which  had  been  so 
justly  gai^  by  her  brother. 


Sidney n  Why  then,  if  you  drive  me  upon  it, 
I  must  plead. 

L,  C  J.  I  am  sure  there  is  no  gentleman  of 
the  long  robe  woukl  put  any  such  thing  into 
your  head.  There  was  never  any  such  thing 
done  in  capital  matters. 

Sidn^.  My  lord,  I  am  there  indicted  for 
oonspiriog  the  death  of  the  king ;  I  have  not  coo- 
spired  the  death  of  the  king:  I  am  there  indicted 

doth  fortify  that  Statute,  which  doth  manii^ 
the  great  regard  that  was  had  to  this  Statute, 
in  all  ages,  and  the  mesne  Statutes  which 
make  some  provisioh-for  treason  in  the  time  of 
Hen.  4,  and  H.  8,  and  at  other  times  whi(;h 
are  not  declared  by  the  Statute  of  Edward  the 
Third,  shew  the  necessilr  of  making  particular 
laws  for  treasons  not  declared  in  the  Statute  of 
Edward  the  Third.  And  not  safe  to  trust  ordi- 
nary courts  of  justice,  with  the  construction  of 
treasons  not  expressly  declared  by  the  Stat  of 
Edw.  the  Third.* 

In  order  to  the  Tryall 
You  may  challenge  35  of  tbei  jury  ratxnned 

to  trye  yoo  without  any  cause. 
Yon  may  challenge  aa  many  naore  as  Ton . 

shall  please  shewing  cause  for  auchonal- 

leiige. 
Wantof  frediold  in  a  juror  returned  in  the 

county  of  Middlesex  is  a  good  cauae. 
And  if  any  of  thojgrand  jury  that  found  dm 

indicUnent  agamst  you  be  returned  upon 

the  jury  of  life  and  death  it  b  good  canne 

of  coaileDge  to  that  juror.f 
For  that  pui'iiose  a  petitioii  is  lohe  prepared, 

to  desire  a  copy  of  the  grawf  jury  and  of 

the  ponnell  rathe  jury  for  ^  trysil  Ibr 

life  and  death. 
Consider  of  exceptions  to  Wiftnesses. 
And  when  you  make  youre^n^ptietts  priy 

they  may  be  argued  by  oounsell  it  the 

court  shall  r^edk  them. 
Desire  all  evi()enoe  of  hearsaT  frooi  wit-. 
-    nesses  may  not  be  given,  and  suffer  it  not 

to  be  given,  but  desire  the  Court  to-  stopp 

that  evidence. 
Watch  the  king's  oounsell  in  snoMBing  or  nt- 

gueing  the  Evidence  against  you,  [that] 

they  00  Aot  offer  any  thing  taat  was  not 

proved,  and  stop  them  if  they  do. 

Ckallenge  Jurors. 
Thirty- tive  of  the  jury  may  be  cballei^ied 

without  shewing  any  cause.  ' 

And  any  other  juror  may  be  challenged 

shewmg  cause  for  such  challenge. 
If  the  juror  have  not  40f.  freehold  in  the 

county  of'  Middlesex  a  good   caaaa  of 

challenge.  ^  ^ 

So  it  is^  if  ne  be  returned  of  the  jury  by  the 

nominacHm  of  the  prosecutor  or  of  any 

other  person  that  soUicites  against  the/ 

prisoner. 

*  See  Coke's  9d  Inst.  83,  8S,  24.  1  UaWf 
P.  C.  108,  S59. 
t  ^ee  Oates's  case,  1695,  in  Uiis  CoUeotion. 

9 


827}      STATE  TRIALS,  35  Charles  II.  l6^3.^Trial  ofJlgmtan  Sidney,     [h2% 


for  leryiofif  of  war ;  I  hare  not  done  that :  I  am 


itidicted  for  haying  invited  in  others  of  another    king }  I  have  not  written  any  thing  to  stir  up 


nation  ;  I  have  not  ^  done  thai  neither :  I  am 
there  indicted  to  hare  written  a  seditions  libel 

If  be  was  upon  any  other  jary  upon  the  like 
indictment;,  where  the  same  witnesses 
were  examined  for  the  king  who  were 
witnesses  to  this  indictmcut,  it  mav  seem 
cause  to  sett  aside  suchjaror  if  he  found 
for  the  king.* 

Because  he  hatu  believed  the  witnesses,  and 
therefore  doeth  not  stand  so  indifferent  to 
try6  t))e  prisoner  upon  the  testimony  of 
them  witnesses. 

The  time  to  challenge  the  jurors  is  when 
they  are  called  to  the  bobke  to  take  their 
oaths  after  they  have  appeared. 

The  prisoner  is  to  have  the  copy  of  the  pannel 
of  the  jury  in  his  hand. 

Except  againtt  the  Witnesses. 

When  the  witnesses  are  called  and  appeare 
and  come  to  the  booke  to  be  sworen, 

Except  to  the  witness  betbrc  he  is  sworen^ 

That  the  witness  is  outlawed  for  high  treason, 
and  therefore  ought  not  to  be  admitted  a 
witness  against  the  prisoner. 

Produce  the  copy  of  the  outlawry,  and  call 
your  witness  to  prove  it  a  true  copy. 

And  desire  counsell  may  be  assignefl  you  to 
argue,  Whether  a  person  so  eutlawra  may 
by*  law  be  admitted  a  witness  against  you. 

When  the  witnesses  are  sworen  against  you. 
Observe,  that  what  they  sweare  shall 
prove  the  treasons  layed  in  the  indict- 
ment against  you. 
And  that  the  treasons  layd  in  the  indict- 
ment against  you  be  proved  against  by 
two  witiiesses. 

Otherwise  you  ought  to  be  acquitted  by 
the  law. 

If  the  witnesses  proVe  oiiety  treasonable  dis- 
courses against  you,  or  that  you  were  pre- 
sent where  men  did  speak  ti^eason,  insist 
upon  it  that  is  not  enough  to  convict  you 
of  treason  4)y  this  indictment  or  by  law. 

Insist  upon  it  tnat  no  act  of  treason  is  proved 
against  you,  and  therefore  you  ought  to 
be  discharged  by  law,  thousri  words  and 
discourses  should  be  proved  against  you. 

If  treasonable  discourses  and  acts  of  treason 

^  be  proved  against  you,  then  you  are  to 

insist  that  the  witnesses,  thougn  they  are 

upon  their  oaths,  ought  not  to  be  believed 

by  the  jury. 

Because  by  their  evidence  they  are  traytors. 
They  sweare  to  save  their  oWn  lives. 
They  have  no  other  way  to  save  their  own 
lives,  but  by  swearing  other  men  out  of 
their  lives. 

It  not  believable  that  such  notorious  traytors 
will  not  add  perjury es  to  their  treason  to 
save  themselves. 


to  stir  up  the  spirits  of  the  people  against  the 


*This  no  good  cause  of  challenge.  See  Clran- 
boigm^'s  case,  a.  d.  1696,  m  thi«  CoUocttpn. 


the  people  against  Uie  king. 

X.  C.  J.    We  are  not  to  hear  all  Ifais,  you 

^ . • 

When  aUthe  witnesses  are  examhied  against 
you,  call  your  own  witnesses  to  disprove^ 
if  you  can,  what  Vas  proved  against  yon. 

At  least  to  prove  what  may  be  of  you  that  it 
is  not  credible  tliat  you  should  be  guilty 
of  treason. 

To  prove  your  loyalty  to  the  crown.    ' 
Your  principles  forthegpvemmelir. 
Your  obligac*ons  to  the  King  and  his  Br. 
That  you  did  not  appeare  in  the  late  Re- 
bellion. 
What  acts  you  did  to  suppress  it. 

When  your  witnesses  are  examined,  ami  you 
have  sayed,  what  you  have  to  s»^  in  your 
own  defence, 
Then  the  king's  counsell  will  sum-sp  tire 

evidence  to  thejury. 
Observe  if  they  misrepeat  any  part  of  the 

evidence  to  thejury. 
And  cailf  to  tlie  coiirt  to  do  you  right  in 

that  matter. 

After  the  Indictment  is 'read, 

Yon  will  be  called  upon  to  plead  to  it. 

Advise  if  the  special  pica  may  not  be  then 
offered. 

After  not  guiky  pleaded, 

The  jury  for  your  tryall  will  be  called. 

As  they  come  to  the  looke  to  besworne  upon 
thejury,  then  are  you  to  make  your  chal- 
lenges. 

You  may  challenge  35  without  shening 
any  cause. 

You  may  (Challenge  as  many  as  you  shall 
please  skewing  cause. 
Advise  what  causes  are  fit  to  be  insisted  upop. 

After  thejury  is  sworn  and  charged  to  enquii'e 
against  you. 

Upon  the  indictment  and  proclamation  made 
for  your  prosecution, 

The  king's  counsell  will  open  tlie  indictment, 
and  the  evidence  to  meynteyu  the  indict- 
ment against  you. 

Observe  upon  their  opening  what  evidence  they 
insist  upon,  and  consider  what  defence  to 
make  as  they  open  to  what  they  open  ag^^ 
you. 

Then  the  witnesses  will  be  called  against  ywi. 

Consider  what  is  proved  by  the  witnesies  of 
their  owne  knowledge; 

What  they  believe. 

What  they  say  by  hearsay. 
The  two  last  are  no  evidence  against  yon ; 

therefore   carefully  <  watch  them  ii  their 

evidence. 

Then  consider  how  much  of  what  fliry  swvre 
to  their  knowledge  is  pertinent  to  pove  the 
ti^eason  lay  M  in  the  indiclment,  thmgb  it  be 
though  itt  [qu.  yet  if]  betr^asor  Jay'd.^n 
the  indictment,  a  treason  not  hy^iin  the  in-. 


829]  STATE  TRIALS,  35  Charles  II.  l683.— /or  Htgh  Treason.       ' ,  [830 

mast  plead  as  other  people,  or  else  in  plain        Sidney.    My  lord,  if  you  pat  me  upon  this 

Enelish  ve  will  pronounce  sentence.      We  iijevitable  necessity,  it  lies  upon  you  ;  Imust 

ou^t  to  give  all  men  satisiaction  that  wilb  be  plead  then. 

satisfied ;  bat  if  they  won't  be  directed  we  can't        CL  of  Cr.  Art  thou  gfuilty  or  not  guilty  ? 
hdpthat  Sidncj/.  Nut  guilty. 


dictment,  or  yet  if  it  be  not  proved  by  twb 
Mritaesses  <»f  credit : 

And  tlioughit  be  so  proved,  yet  if  the  overt 
acts  of  that  sort  ot  treason  be  not  proved 
by  two  credible  witnesses  against  you,  ob- 
serve it  is  not  enough  to  convict  you  by 
the  law. 
'  ,^nd  observe,  that  an  evidence  of  conspiracy 
to  levy  war  and  some  acts  done  in  order 
to  levying  of  war,  yet  no  proofe  of  levy- 
ing of  war,  being  made  against  you  he 
not  turned  upon  you,  as  an  evidence  of 
any  open  act  of  your  conspiracy  to.  destroy 
the  king,  which  ought  not  to  be  so  turned 
upon  you. 
Againe  watch  that  acts  of  misdemeanor  be 
not  objected  to  you  as  an  evidence  of 
treasori. 
Can^der  the  evidence  against  you  relating  to 
what  you  sayd  or  writt,  whether  any  th'mg 
that  will  be  proved  that  you  say'd  or  writt 
do  in  itselfe  amount  to  any  treason  lay'd  in 
the  indictment. 
And  upon  what  statute  it  will  be  so  construed 
to  he  treason,  whether  upon  the  stat.  of  Ed. 
Sd  or  K.  Cb.  2d  ;  if  upon  the  last,  observe 
it  be  proved  there  was  a  prosecution  upon  it 
within  six  moneths  after  such  speaking  or 
writing,    and  an    indictment  within  three 
ninths  after   such  prosecution,  otherwise 
you  are  not  guilty  of  treason  within  that 
statute. 
And  observe,  that  speaking  and  writing  which 
are  made  treason  by  that  statute  are  not  to 
.  be  drawen  into  an  evidence  of  treason  within 
the  statute  of  £d.  3d. 

Because  that  statute  doeth  circumscribe 
treason  to  what  is  declared  treason  and 
ezpressfy  set  downe  in  that  statute,  and 
doeth  enact  that  nothing  shall  be  construed 
or  declared  treason  in  any  Court  but  in 
parliament  but  what  is  declared  and  ex  • 
pressed  in  that  statute. 
In  ibe  evidence  agaiiibt  you  for  your  writing. 
Take  care  that  all  that  was  writt  by  yon 
upon  that  subject  be  produced,  and  that  it 
be  not  griven  in  evidence  against  you  by 
pieces  which  must  [or  muchi  invert  your 
sense,  and  eoAsider  the  proofe  or  evicfence 
of  the  time  of  such  wnting  if  within  the 
time  Umited  tor  prosecution,  and  indict- 
ment in  tiie  statute  of  the  king. 
Otherwise  it  may  be  no  evidence  against  you. 

When  the  witnesses  are  examined  and  all 
the  king's  evidence  is  read  and  heard 
against  you,     .  ^ 

Thai  you  are  to  make  your  defence. 

In  yonr  defence, 
Yon  may  observe,  if  there  be  any  improba- 
bOyties  in  tbe.«ri4iiioe  against  you . 


Anti  if  there  be  any  contradictions. 
And  how  it  varyes  from  the  charge  against 
you  in  the  indictment. 

When  Tou  hare  made  your  observations  to 
wealicn  the  evidence. 

You  may  make  observacions  upon  the  wit- 
nesses against  you,  opening  wnat  you  have 
to  say  against  them,'and  to  make  their  testi- 
mony as  incredible  as  may  be. 

Then  you  are  to  shew  how  the  indictment  is 
in  itselfe  made  up  of  several  sorts  of  trea- 
sons. 

And  those  treasons  not  proved  by  sucH  overt 
acts  as  the  law  requli^es, 
And  shew  wherein. 
Nor  by  two  witaesses  to  eveiy  act 

That  no  act,  at  least  make  some  instances  of 
acts  of  treason  charged  in  the  indictment 
which  are  not  proved,  and  that  if  all  the  evi- 
dence affainst  you  were  true,  you  ought^  to 
be  found  not  guilty  as  to  some  of  the  facts 
lay'd  in  the  mdictment. 
Tnen  answer  the  particular  facts  layd  in  the 
-  indictment  of  which  some  sort  orevidence 
is  offered  against  you. 

Shew  how  imperfect  that  proofe  is. 

For  your  writing  objected  to  you. 
Shew  how  it  ought  not  to  bear  the  construe- 
'    tion  they  would  give  it. 
The  writing  read  against  you  is  but  part  of 
a  great  deal  which  cannot  be  understood 
without  perusing  the  whole. 
Shew  the  aesigne  of  that  writing. 
And  that  it  ought  not  to  be  wrested  to  their 
uurpose. 
You  know  the  desire  and  puipose  of  it. 
Then  call  your  witnesses  to  justify  what  you 

l>ave  sayd. 
Call  yonr  witnesses  to  discredit  the  witnesses 
against  you.  i 

When  you  have  all  your  witnesses  examined, 
then  observe  to  the  Court  and  jniy  the 
weakness  of  the  king's  evidence  against  you. 

And  the  strength  of  your  own  evidence. 

Then  the  king's  counsell  will  reply  and  con- 
clude to  the  Court  and  jury  against  you. 

Take  care  they  do  not  misrepeat  or  mistake 
the  evidence  against  you. 

Then  the  Court  will  sum  up  the  eridence 
against  you  ;  observe  you  have  the  evidence 
delivered  by  th&Cjourt  without  mistake. ' 

Itt  is  not  the  alledging  of  a  fact  in  an  indict- 
ment to  be  committed  or  done  proditorii 
makes  treason  in  thejud^ent  of  law,  un- 
les  the  lact  as  alledged  m  the  indictment 
be  in  itselfe  treason. 

Itt  [q'u.  If  it]  is  declared  by  the  court  and 
king's  ooiiAsell  that  the  treason  of  which 


SSI]      STATE  TRIALS,  35  CuarlbsIL  i6%3.^Trml  if  Algfmm  SAny,     [$52 


CL^€r.   CiilDTit,How'wikth6a  be  tried f 
Sidney.  By  G«d  a<^  my  oemitry. 


CL  ^Cr,  God  seotd  thee  a  good  ddi?er-    tieeof  itsow? 


«Bce. 


L,C»J..  If  you  be  not  guiity,  I  pray  God 
jou  may  escape. 


r 


ihe  priaoner  k  indicted  is  treason  upon  the 
statute  of  35  JB4.  3,  and  that  upon  the 
first  branch  of  that  statute. 
Then  if  the  treason  as  alledged  in^the  in- 
dictment be  not  such  a  treason  and  be 
not  sufficiently  aUedged  with  a  sufficient 
overt  act  in  the  iodtctment  particulariy  set 
forth .  as  that  branch  of  the  statute  re*> 
quires. 
Itt  may  be  insisted  upon  by  the  authority  of 
Pyne*s  case  Trinity  4.  Car.  1.  Cro.  1,  rep.  f. 
135  «Dd  many  cases  therein  mentioned, 
Add  upon  lord  Coke's  opbion,  3**  Inst  hish 
treason  fo.  14,  and  Hale's  Pleas  of  the 
Crown,  nag.  13. 
That  there's  not  a  sufficient  overt  act  of  such 
treason  wittiin  thie  first  branch  of  the  sta- 
tute of  35  Ed.  3.  jparticuUrly  set  forth  and 
expressed  in  this  indictment. 
Tb^  writing  therein  mentioned  may  be  offered 

Id  be  no  such  overt  act 
Itt  sounding  rather  more  like  an  her^ticaD  opi- 
nion.  or  a  mistaken  opinion  of  monarchlatt 
govemment  and  not  applidkble  by  the  parts 
of  it  expressed  in  the  mdictment  either  to 
the  government  or  monarchy  of  England  di- 
rect^, and  if  itsho'nld'be  apply ed  to  the  mo- 
narchy or  ^vemment  of  Englaud  it  ought 
not  upon  this  indictment,  as  the  words  are 
layd  m  the  indictment,  to  be  applyed  to  the 
person  of  the  present  king. 
The  words  themselves  do  not  so  apply  them- 
selves, and  io  make  treason'  they  are  not  to 
be  drawn  to  any  such  application  especially 
in  an  indictment  thouf^h  f qu.  they]  ought  to 
be  dii^ect  and  positive  m  themselves  aira  not 
to  be  made  so  Oy  argument  or  oonstruetion,. 
And  tiie  substance  of  the  words  seems  4o 
tend  to  no  more  than  to  place  the  parlia- 
ment to  some  purposes  above  the  preroga- 
tive of  the  king,  of  which  the  king  him- 
self id  one  of  the  three  states,  and  without 
whom  there  can  be  no  parliament  or  act 
cf  pariiament  by  the  law,  and  itt  is  no  more, 
it  may  be  thoi  to  say  diat  the  king  having 
'  his  lofds  and  oommons  joined  to  him  in  par- 
liament may  do  more  than  the  king  can 
do  without  them,  or  that  the  king  in  this 
conjunction  may  controul  much  of  his 
own  prerogative  without  them. 
And  peihaps  for  oughtappears  in  the  indictinent 
this  may  be  app^ed  and  was  applyed  by  the 
writing  to  the  late  king  or  some  other  kuig 
and  not  to  his  present  muesty* 
Umb  case  of  the  duke  of  Somerset  in  the  re- 
versal! of  his  attainder  for  error  of  this  na- 
ture'in  the  indictment  may  be  in  some  sort 
applied  to  this  indictment  upon  the  iocer- 

«  This  shouU  ntber  be  3  IfliL 


Alt,  GetL  My  lord,  will  j9a  please  to  ap« 
point  1^  day  for  his  trial  that  be  may  take  no- 


£.  C.  /.  What  time  would  tou  have? 
Att.  Cren.  A  wedc's  time,  do  you  think  ^al 
willbeenoughP  ^ 

teytity  and  insufficiency  of  the  o#eit  (act 
alledged  in  timr  indictment 

Itt  may  be  also  insisted  upon 
That  this  indictment  aoeth  confound  seve- 
ral! branches  of  the  trea^ns  enactedby 
the  statute  85  Ed.  3,  by  turning  evidences 
of  levying  vrar  to  acts  of  oompassiiuf  the 
destruction  of  the  king,  whico  ot^t  not 
to  be  by  the  meaning  of  the  statute  and 
opinion  of  brd  Coke  and  odier  autborityes 
as  conceived. 

By  this  way  of  indictments  upon  thestatBte  of 
35  £d<  3,  judges  may  be  let  in  to  oafce  csn- 

atructions  of  treasons  in  edses  whi(^  are  left 
to  the  parliament  only  by  that  statute.    , 
The  Stat  3  H.  5,  doeth  require  that  all  jwon 

^  upon  trial!  of  the  death  of  Ik  man  ba¥tt  401. 
freehold  estate. 

I  do  not  finde'in  «ny  statute  or  law  books  tte 
at  com'on  law  jurare  upon  the  trail  of  ^ 
death  of  a  man  might  serve  who  had  no  free- 
hold. > 

Upon  cenaideracion  of  Fortescoe  cap.  86,  ad 
of  my  lord  Coke's  opinion  in  his  first  Instilate 
f.  373,  and  of  the  sUtnte  of  8  Hen.  6,  md 
of  the  Stat,  of  1  and  3  Mar.  which  redoces 
trialls  in  treason  to  the  common  law,  and  of 
the  Stat  35  Hen.  8»  which  directs  thetrydl 
of  forrigpe  treasons,  ^  and  tiie  stitiites  of 
1  Ed.  6,  and  5  Ed.  6,  for  two  witneases  ia 
treason. 

Itt  is.  very  piybaUe  that  at.  common  hew  some 
freehold  was  requisite  to  oonslitiite  a  juror  in 
all  these  cases  though  not  to  the  value  <tf40f. 
yeaiiy,  yet  to  some  value  and  that  waotof 
freehold  was  a  challenge  at  die  common  law. 

Stat  3  Hen.  5,  requires  40i.  freehold  fbrajuroc 
to  trye  a  plea  peraoaal  where  tiie  dw  or 
damagiBs  arooimt  to  40  matkea,  bat  doeth  not 
make  any  provisioa  where  the  debt  and  da- 
mages do  not  amount  te  40  marka,  yet  sajs 
Fbrteseue  cap.  35.  in  that  case  tbie  jurors 
must  have  aome  competent  fre^old  though 
not  to  Ae  valueof  40t.  ycariy,  thia  seemes 
to  be  lord  Coke's  opioioii,  1  Inat.fo.373.  ^ 

If  att  the  oonunenlaw  f^veMdwaanotrequisifee 
in  audi  jurors  but  that  this  ia  made  requisite 
by  the  Stat  3  Hen  5. 

Itt  IS  very  worthy  of  great  cbnsideracisB  if  the 
tftat  1  andSSfar.  whkh  reducea the  trysfl 
jof  treason  to  the  common  law  doeth  ahrsfste 
this  quality  in  jurors  required  by  the  stat 
ofSHen.  5. 

For  the  stat  of  1  and  3  Mat*,  doedi  not  UfoA 
the  tiyall  of  ftreigne  treasons  enacted  by  35 
Hen.  a,  but  Ae  same  contiaiH  adli  by  Ike 
stat  35  H.  8,  and  iutt  not  redoeed  to  the 
ttyaOs  of  such  traaamw  bgr  the  €om^  IimTm 

.  appwitjby  0lovy«'»«Mt  is  Ajnow 


9SS]*  SVATE  Tftt ALS,  35'CRAAt|:8  II.  l6SS.^&r  High  nttam.  l9M 

iSidb^  No,  pray,n)^lanl,  ffiN^meafoit- 
utrbt's  ttme. — Att..Gen.  I  ivoort oppose  H. 


lugbt 

Sidney.   In  tke  next  place  I  dt^fe  a  e^y  of 
tiM  iDdJctment.    ^ 

X.  C.  J.  We  oaa't  giant  it  by  law. 

JKeHhcr  doeth.  the.  Mat.  1  and  2  Mar.'  abrog[ale^ 
the  fltatutes  of  2  and  5  Ed.  6,  which  ra- 
^nires  two  witnesses  in  oases  of  treason. 

All  which  hy  a  large  constrnction  might  hare 
beengiren  this  Utatnte. 

That  the  indictment  doeth  oonteyn  severall 
treasons  in  their  natnre  distinct,  and  of  seve- 
rall kindes  and  species.  Which  ought  not  to 
be  charged  in  one  indictment. 

thray  oonnsell  may  be  admitted  to  argue  this 
'  matter,  Wore*  yon  be  compelled  to  plead  to 
the  incKolm^t,  for  after  npt  ^ilty  pleaded, 
no  advantage  oan^  be  had  of  this  matter. 

Jf  the  court  over  rule  you  in  this,  and  require 
yoo  to  plead  to  the  indictment,  then  plead 
severall  not  guihys,  to  the  severall  treasons 
(^i^ed  in  the  indictment.  If  the  court  will 
not  allow  you  to  plead  ancb  severall  pleas, 
pray  counsell  may  be  heard,  tor  you  to 
argne  this  matter. 

If  you  are  over  ruled  in  this,  and  be  required 
to  plead  not  guilty,  to  the  whole  indictment. 

AUxF  vou  have  pleaded  not  guilty.  , 
I>esne  (d  the  court,  and  of  the  king's  coun- 
oell,  if  they  intend  to  proceiid  aefainst  you 
for  tteason,  upon  the  statute  of  £d.  3,  or 
tmon  the  statate  of  the  13th  of  kingr 
Cliailes  the  ISeoand,  or  upon  both. 

If  they  proceed  upon  the  stathte  of  king 
Gharles  the  Second,  insist  upon  it,  that  the 
prosecution  for  the  offence  charged  in  the 
indictnent,  was  not  within  six  months  next, 
after  'the  oflVad^eommitt^,  and  indictment 
witliiD  thMo  mouths  after  such  prosecution, 
which  is  reqoived  by  diat  statvte; 

If  tbey  proceed  upon  the  statute  of  Ed.  the  Sd. 

"  l>esire  the  court  and  kinff's  connsell,  will 
please  to  declare  upon  uniich  of  the  trea* 
sons  declared  in  that  statate,  they  intend 
to  proceed  against  ^oa. 

If  for  treason  in  eonspiriog  the  death  of  the 


Or  for  treason,  in  levying  ef  war. 

And  desire  the  evidence  may  be  applied,  to  the' 
particular  treason  thev  intend  to  msist  upon. 

If  they  declarethey  will  proceed  upon  treason, 

for  conspiring  the  death  of  the  king. 

Oliserve  upon  the  evidence,  if  there  be  any 

pMitive  proofe  against  you,  of  any  con- 

•piracy  to  kill  or  destroy  the  Idng,  and  if 

tnis  be  proved  by  two  witnesses. 

And  if  there  be  any  overt  or  open  act,  proved 
against  yOu  for  this  purpose. 

Insist  noon  it  that  it  is  nec^sary ,  by  the  statate 
of  £a.  3,  that  all  this  be  proved  lO  this  man- 
ner by  ^  witnesses,  otherwise  you  ought  net 
to  be  convicted  of  treason  by  law. 

AaA  if  a  plaine  ov^rt  or  Open  act  for  this  pup- 

ri  be  not  proved  agatnstyou,  but  it  may 
some  e^aenee  conducing  to  prove  or 
perswade  the  jnry^  that  you  are  guilty*  of  an 
VOL*  u. 


Sidney.  I  deidre  you  would  please  to  giv» 
me  connsel. 

L.  C.  J.  We  can't  do  it ;  if  you  assi^  us 
any  particubu*  point  of  law,  if  the  court  thmk  it 
such  a  point  ad  may  be  worth  the  debating, ' 

■  "^  ■  — '■■«"''  

overt  act  for  that  purpose  will  be  offefed,  in*- 
sistujpon  it  that  there  ought  to  beexforest 
proofe  of  an  overt  or  open  act  committed  by, 
you,fpr  this  purpose  and  that  etidmce,  argu- 
m^t  or  presumption  of  such  o%ert,aot,  will 
not  satislye  the  statute  of  Edward. 
And  if  the  court  doe  not  altow  this,  pray  coui^« 
sell  may  be  admitted  to  argue  thfit  matter  for 
you.    *^- 
And  particulaviv  if  the  evidence  given  against 
-  yon,  besufficl^t  proofe  of  thetreason  charged 
in  thelndictme^l  against  you,  and  such  proofo 
of  an  overt  act,  t^  the  statute  of  Edw.  the 
^  requires. 

You  must  be  watohjiill  that  in  the  evidence 
against  you,  that  tk<  evidence  for  levying 
of  war,  be  not  turned  upon  you  as  proofo 
of  an  overt  act  of  your  conspiracy  to  kill' 
or  destroy  the  kio^,  an4  by  that  meanest 
turn  that  which  will  not  be  a  sufficient 
act  of  levying  war,  to  be  %n  overt  act  of 
your  conspiracy  to  kill  the  |dng,  and  by 
,   that  construction  draw  upon  jou  a  con- 
structive treason  by  argument  and  inter* 
ence^  which  is  not  declured  by  the  statute 
of  Ed.  3,  and  by  that  sti^tute  poght  not , 
to  be  declared  by  any  court  i|i  West- 
mioster^hall,  or  any  Qourt  of  0yer  and 
Terminer,  or  ^all  delivery^  or  %Dy  others 
court  but  in  parlmment. 
By  such  constructive  t^aflOns,tbelaw  of  Edw. ' 
the  dd,  may  be  eluded  iemd  avoided,which  setts 
the  bbundsof  treason  and  declares  uiA  nothing 
shaU  be  declared  treason,  but  what  m  de« 
dared  by  that  statate  in  any  court  whatever 
but  in  parfispmeDt,  if  judges  may  be  admitted 
to  lett  m  treasons  by  construction  upon  that 
statute,  it  will  beeo^ie  of  little  6r  no  avail 
totbesiibiect 
PHiy  connsell  may  be  admitted  to  aigue  Ate  . 
matter  for  yon,  no  age  hath  admitted  sudi 
constructive  treasons  upon  that  statate,  vA 
ought  not  to  be  attempted  or  piaeticed  in 


age. 

If  treason  for  levying  of  war  be  insisted  upon 
against  yon,  observe  thenne  the  prode  of 
^▼yiog  of  war  by  you,  which  is  necessary 
mtnatcasow 
And  this  must  not  be  supplyed  by  evidence^ 
argument  or  construction.  ^  > 

Pray  connsell  to  argue  this  also  as  the  foct      f 

upon  the  tryall  happens. 
Ana  make  the  like  observations  and  defonee 
upon  this  charge,  and  evidence  for  levy  in§|[  of 
war  aa  ia  the  other  charge,  for  conspinng 
the  death  of  the  long. 
Pyne's  Case,  tJro.  1.  4  Car.  1 , 1 17.* 
He  is  no  more  iittto  be  king  than  Bjx^** 
^vnright,  as  unwise  a  king  as  ever  wtt^ 

*  8eeT<d.  S,'p.  309,  af  thw  CoOeeliotk 
SH 


Uii   STATE  TKUIS^  55  Chauis  II*  KM^SHri  «f  J^mm  JMi^t     [lal 


oounsel  for  no  other  reason  thui  becwuw  yoa  |  you  cowiiBl  wiAool  mSng.  tw 

'    that  Ihe  oimt  may  «t4anlMd  wkslber  ii  |e 


adLU^wtiiini^iietgiaalit.  Tbeowir^i^  bound 
to  leetbiit  MitbiBgii*  <lDae  agaiaat  yom  but 
vhat  it  according  to  the  ruka  of  law.  I  woM 
boi  vory  loth  to  draw  the  guilt  of  aay  laaA'a 
6lQod  upctt  me. 

iSwk(py.  Baa  wHeiwy  body  oooAsol? 

X.  C.  J.  No. 

Sidney  I  hovo  Kivtfal  pointe  oS  hm. 

X.  CL  J.  TcAlostbeoi. 

Sidn^,  Myh>rd,willyottQMiQgeiwsdutaiii 
an  i|pK9raiit  idmi,  aiml  ^oofeaa  Riyaetfaoi.  «poB 
haanaig  my  iadictmast  for  thia^  I  biow  not 
of  a  long  time,  presently  to  raise  a  point  of  ln^w  ? 

X.C.J.  It  is  DOti  we  oblige  yoivHr.  Sidney, 
it  is  tkie  low  obliffw  yoa.    We  are  Hm  ninisten 


and  so  go?onied  as  ii^ver  a  fciag  was, 
'  etc. 
AdwdgjBd  by  all  tbo  judges  in  town. 
TlM»ugh  thif  wosdi^Misi^  aa  wvcked  aa  night 
bet  y^  ^f^^  W^  treason. 
l][o]fw>  by  ^»no  yartieolar  statute,.  n»  W9rds 
will  hn  tBea^oi»^  foir  there^s  no  treason^  at  this 
4a(y  biMbl]^  tbesututo^s  Ed.  3., 
And  tbo  lodj/Ptment  must  be  framed,  i|pon 

one  of  the  points  in  that  statute. 
The  wordo  aipe  biit  ei^id^ce  to  disGo?er  the 
oonrypt  heart  of  t}ie  speaker^  but  of  them- 
Bfltreo  are  not  ti^eai^o,  to  charge  the  king 
with  a  personal  vioe,  no  treason. 
pMoham'a  case  ^  indiictsd  for  a  sermon  nerer 
nrinted*  JM>r  pneached^  and  found  in  his  st^dy, 
ffioad,  goXUx  ^^  ^^^  executed,  and  many 
judges  of  opinion  it  wjts  not  tveasou. 
Stat:  laCar.  3,^enacto 
yheicoippwaingthe  dealb  <^  desiructijQn.ef 
the  kv^  or  to  kvy  war^  anA  <»xpre(WHig  of 
ii  hg,  wn^fffy  B^^eaehing^  or  otherwise 

MThii&h.  shrifts,  iff  was  not  sq^  belb^« 
Relating  to.atsib.  13  Ch. 
Inst  Sf  f.  14,  comnassin|r  to  levy  no  war,  [the 
nft  soeww  ViMcted  bv  mi8tako}no  overt  act  ef 
cons^uing  tp.  kiU.  t^o  kio& 
l|hrogmoi'^*a.capat.  in  BioUivfdutd. 
Hale'a  o{)inioii. 
Strafford's  act  of  parliament. 
The  sftnoml  #c^  u£  parUai»ent  mada  int. 

S;S£d.S,  and  prink.  £d.  6,  U, 
The  st^  oC  1  £d.  fi,  1%  reduces  aU.tieaiK>n, 

and  all  §  of  treason^tc^thostat. 

of  2^  £d.  3. 


fit :  It  Ss  the  law  says  we  may  not  aUowyoa  a 
eopy  of  th^  indietmeot. .  Tlurrafiira  do  not  g» 
away  and  say  thai  wo  as  men  sittiiig  bve 
impose  npoo  you,  wo  sit  here  only  toa£nait- 
ter  the  justice  of  tbe  nation. 

Jus|.  ITt^Atna  Sir,  yon  witt  have  a,  tbttr 
night's  time  to  consider  of  objections  in  law. 

X.  C.  J.  If  you  will  have  n  sead^  yea  ihall. 
Those  tfainga  tliat  you  may  biire.  by  lav^ 
God  forbid  but  yoaahoiU  have  thobeaefitsf 
them. 

Sidney.  I  deare,  my  bud,  to  hearilMi 
again. 

Ath  Gesu  Would  yo«  baroifrMadinlalia? 

Sidnn,  Yes^  ifjou  ideaae^  IdonndpirtWM^ 
a  little  {latin. 

Then  the  Indictment  was  read  in  Lstin.^ 


M  tath^dootrines.  of  constcnciinatiasaMnO' 
See  this  Collection,  pauimj,,  and  pextieularJiy 
ihesJKiuiients  of  Mc  Erskuie,  in  theoas^of- 
lord.  Georgia  Gordoni,  a.xi.  X7aO».  and  of  Hai%, 


«  See  v(^  9,  p.  66a»  vol.  d,.p.  jSOSr  aC  this 
C^fitUaeOGin.  ^ 

t  Thisshould  rather  be  S. 
t  See  ?ol.  1,  p.  8a£U  of  this.  Collection. 
1  Hece.a^ifQtri  afiseaifi  to*be  iU^giUe. 


Sidney.  What  is  that  statute? 
.     L.C,J.  When  yoa  oone  to  yenrtiial,  Mr, 
'Attorney  witt  teii  yo*  what  ^tslate  ho  §m 
UBon.    And  he  magi  give  »  cvidMBiceany  ait 
01  parliament  that  comprebeada  tasaasn. 

Sidttiey.  MeAinkslie^itaiAisagrwbalstalalt 
he  goes  ^JP^n. 

Just  withim.  Sir,.  woaU  yoii^  bare  a  anr 
indiotmeat  for  yon  ? 

X.C./.  HomosttalBeittliseefhiatriiAtltti 
day  feiliught.  Lbulenan^  of  the  Towov  yw 
may  take  the  prisoner  back  agaia. 

Then  the  rientenant  of  tbe  Tower  took  aviy 
hie  prisoner. 

0»  the  81sl  oC  NeeMber,  AkpeoMoSiAiey, 
ea%  wasi  booiidlit  to  tbo  bar  M  the  oNrt  sf 
Kuig'a-beueb  by  BahcaaCoqms,.  snd  p^- 
matioo  for  mfoianlioni  being  nad»»  be  disssd 
pea^  ink  aadpapsr^  whieh.  were  ^paatcd  bin. 
A$id  he  idso  desipsdl  that  two  peraoas,.  vis. 
Miw  Wynn  andMr.  CSOth  vugbt  write  fbrbim, 
adiioh  was.aiso  aBowed  kf  l&  oourt* 

Col.  Sidney,  My  lavd^  when  I  WBalfStberc 
befbroyowtlordshipv  Ididdesineaeflttyoftt/ 
indictment,  and  I  Uiought  the  law  dia  allow  it 
me.  But  being  in  atok  hurG;y,.  oprriad  &attft  • 
(aacrn«  then  led  throngh  soldiers^  sodsaivris* 
edabsolulQ^,  I  oonJd  wk  i^ve  that  reissa  id^ 
I  tihought  the  law  allowed  moaoapy.  ^f}^ 
I  was  denied  a  copy,and  theioli(y- 1  was  deprig^ 
ed  of  the  benefit  U  aspociaL  pleail  dflfigpMd 
to.  hove  put  in.  This  would  have  bem.'*  ff^ 
heip  to  youfi  lordshipt  and  to  mc^;  the  dew  of 
which  hath  be«i  a  gfeatpn^udioei  Di«w,4Dy 
lord,  tba^  wbieb  I  thoa^i  was  ibw  thcii,! 
think  I  can  give abeitar  teelimony  Hia^it  f^ 
nawupontbostajkileof  46£dw.  3,  wbcsaiA 
iaos^onodfr  liia^^loiit  partjns el^lPvi  ff«i^ 
that.iB»  aUno^lasbalL  hav»  »  copy  ofevciy 
record ;  and  it  enumemltoa  sOMsal  nstfesA  f^ 
wM  that  agpunst  dio  king  as  elJbeB  ffi^^ 


•  See  Vane's  Ca«o,.iSoL  OiJV.  1^  lA  IM 
ofthiaCiillactiiir^      ^^ 


ThisitanMril  law  MBI  k  fti^:  MylMd 
MmBM  M  a  4)0fy4  ttod  toy  lont  fitaffM, 
and  flic  torfa  ia  Ika  IWcr  liad  «ifie8  of  tfaair 
indietiiMBta.  Ax^  under  fiwraar»  i  thiak  it 
aerar  maae  naoeaBanr  than  to  m^  tfaet« 


Iftever  Ia^W  b^m^  Deriiapa»  a  ckaifa  w  hmg 
mA  m  etnniaed.    Ka#,  m  land,  I  hava  a 


my 
capy  tiaiiaenbad  af  Ihia  atatate.    {SbeirSii|f  a 

lto<]^/.  (BirGeotaeMferiafe.)  Wevemam- 
bertkalaw  vcrv  wm.    Mr.  Sidoey  did  note 
jfer  b  oapy  of  the  indtctaMnt,  aad  tbe  oourt 
4knM  hiiB  then,  and  ao  ahaH  now.    And  y«t 
•nil  tbia  whOe  wa  shntt dtey  you  nothiti^  tbat 
ia  law.    Ymi  ahall  hava  tka  wht  that  beoomaa 
«  ant^lect  in  y<attr«aDdiliiMi.    And  we  oMiat  flail 
yea,  that  nolwithatandin|^  all  tbat  eaaa  we 
nagh^noita  have  giTen  yen  aa  mnck'  fiivour 
{pcrlnfain  atriolnw)  na  we  did*    Aiid  became 
jofrdia  nartioalnriy  talia  notiae  afihe  eaaeaf  sir 
llency  Vane  IaBt>tinia»  I  will  shew  yan  tbe 
coort  did  indnke  more  ta  you  than  wasidana  to 
that  peraan.    In  air  Henry  Vane's  ease,  br  the 
«|inian  af  all  tha  jnd^pes,  it  was  declared,  That 
aoeofiy  uQ£fbt  la  be  fiven,  neither  of  the  whole, 
■ar  any  paii  of  the  indiotmedt,  exoept  they 
nhew  natter  of  kw.    But  yonr  eouneil,  ainoe 
▼on  weot  awajr,  moFed  for  the  copy  of  the  ia- 
SirtBient;  and  to  satisfy  iimOf  I  direcled  tbe 
caae  that  you  took  notue  of  to  be  read  in  the 
conit :  And  I  dionght  they  had  been  safficunit- 
ly  antisfied*    You  had  the  indictment  read  to 
Toa  in  Latin,  which  was  denied  in  the  case  of  air 
llaniy  V^ie,    And  there  is  a  later  caae,  known 
in  BMat  peraona  here.    By  the  opinion  of  all 
the  judges  of  England,  a  copy  of  the  indict' 
ment  was  denied  to  my  lord  Rusa^.    There- 
lore  arraign  him  upon  the  indictment;   we 
jwiataot  spend  oor^  tmie  in  diooounes  to  eapti- 
vate  the  people. 

Sidi^.  Is  not  this  a  good  law,  my  lord  ? 
£Holding  out  the  paper.*] 

L.  C.  /.  You  hnre  the  rule  af  the  coart. 

Jost.  WitkMu,  Any  thing  the  law  will 
allow  you^  you  shall  have ;  mit  I  am  sure  if 
jaa  did  adviae  with  yo^r  oonaael,  tbey  must 
tdl  you  the  same  thing. 

80  the  clerk  of  the  erown  called  the  jnry,  aad 
after  aevand  challa^iaat  the  oamea  of  the  jury 
were  as  ibUow : 

John  Amswr,  Richard  White,  William  linn, 
Lawrence  Wood,  Adam  Andrewa,  Emery  Ar* 

K,  Josias  Clarke,  George  GKsby,  NichoUs 
ar,  Wifliam  Reeres,  William  Grore,  and 
JkibnBart 

JL  C  /.  Loajk  yon,  gentlemen  af  the  jury, 
llMia  are  aonne  gentlemen  at  the  bar,  aa  we  are 
ioibrmadare  apt  to  whiaper  to  the  jury ;  it  is 
Bp  part  of  their  duty;  nay,  it  b  against  their 
4h^.  And  tberefinw,  gentleatien,  ir  youbc^ 
any  of  them  by  you  that  oSei  to  whisper,  or 
make  oammanisu  this  canae,  aayoa  are  upon 
wear  aaiha,  aad  I  doubt  not  but  wtH  do  juiat 
Sflly  between  the  kmg  and  the  priaaner ;  no  I 
aspect  if  yon  hear  OSt  Joaasrl  ssy  any  thing 
wiBinftrm  the  aaw*.  Lat  aa  havaao 
bntaftvtrfdiaGodS 


STATBHUAUI, SS  CaAUstIL  lM5.-^>rlii^ftodM)fe  (MS 

€L  ffCr.  You  that  «fe  aantva,  tank  npan 
flha  anaoUer,  aad  haaitoan  to  his  eaaae.  Ha 
ataadb  faidicted  by  the  name  Of  Algenmi  ttd- 
hey,  0^  &e,  (aa  in  the  iadiettneai)  your  chasga 
ia  to  inquire,  ikik 

ilien  PkodamatioD  for  ]tvidence  was  ttiade. 

Mr.  BottKu.  Mty  it  plaflae  ynar  Bardship, 
and  yaa  yintienieii  that  nfOfeworU)  TUtiaan 
indMlment  ef  high^traHon  pteflnted  agauist 
AiestnOnSidney,  tbCjgriiMmaratthebar*  The 
tn£otiiientnel8ft>ith^  Tbat  he^  ana  Aba  tndtor 
agsinat  011^  moat  tllnalriotta  prince,  Chorina  the 
Second,  his  aaiaral  laid,  not  baaing  the  Ibar 
of  <9od  hi  hia  hant.  /be.  an  the  30th  of  Jane 
in  tiM95th  year  or  the  kaajg,  aad  diveia  other 
dayaandtimea,  aawell  before  aa  aftef,  in  the 
pariifhofStailesfaitheFftelda)  inihaooouty 
ofKiddleaex,  tnutDroualy,  wUh  di?«ni  tmitnra 
unknown,  did  eannire  the  death  of  the  kingf, 
and  to  lery  war  witnia  the  Idagdam.  ^  And,  to 
complete  these  tiaitaraua  purnoaaa;  did  than 
and  there  maKcioinly,  advisedly  and  tmiler. 
ously,  send  one  Aaron  i^akh  mto  Sootlaad, 
to  aaeite  aotae  ill-diapaaed  peraona  of  that  khig- 
dom.  to  eome  into  this,  and  to  oonaoit  with  the 
aaid  Algcraan  Sidney,  aadaiihertraiiori,  afaod 
upon  assistaiiiGa  fixiro  the  kii^doni  of  iteotlaad 
to  oofcnr  on  those  dcaigns.    And  the  Midime&ft 
8etaiafihlurtfaar,tfaatia  petaonde  chepeogia 
of£ng)aaditwaalawfiiltoraiaerriidtioa>  %e  ' 
aaid  jUgcvnon  Sidney  did  caase  ta  bewvittau  a 
fidaa  aeditiaua  hbd,*  in  which  ata  oomahMSd 
these  English  words,  «Tha  pbwar  origiMdIy 
m  the  people  of  England  ia  delagated  unto  the 
parUaaant.  •  The  long  is  anbjaot  to  the  law 
of  God^  aa  he  is  a  aMm  to  the  peopk  that  mdBas 
him  a  king.    In  aa  maefa  as  he  hi  a  king,  the 
kw  aets  a  meaauta  aoto  that  snl^eeliM,  dtc' 
(aamthekdietdieot.)  Thk  k  laid  to  be  aguintt 
the  duty  of  his  aHegiaaoe,  agahist  the  peace  of 
theking,  hk  crown  nnd  dftnity.  and  aMinat 
thetbrmof  the  statalak  that aaaa maft aad 
providsd/  If  we  prove  famigiiiliy,  wedottbt 
not  but  you  wi|l  find  it. 

Atiam^  GenierM.  (Sir  Robert  Itowyei.) 
My  krd,  and  yau  geatMoaen  of  tbe  jiiry,  tbe 
prisoner  at  the  bar  stands  indicted  of  die  high- 
est erimas,  the  eoaapiring  the  death  «f  lite 
king,  and  the  ofarthrow  af  the  Ea^ah  mo- 
narchy. Gentkmea,  we  ahall  uae  this  melbod 
in  oar  evidence.  We  ahall  shew  by  Aiany  wit- 
neases,  that  ^ere  waa  a  design  of  raising  aad 
making  a  rcbeHiaa  withintfaia  kingdom.  F01-, 
gentiemen,  you  mast  take  notice,  aadlthhdc 
mere  k  no  Englisbniaa  but  doea  befieve,  ^hat 
foraeveral  years  last  past  a  design  was  laid, 
aad  ibr  that  purpoae  leveial  secret  inabttalSMn 
were  nsade  aae  of,  and  pnMk  iibek  apread 
akosd  to  pavaaade  the  paopk)  fliat  the  khl|^ 
waa  mtrodadng  arbitrary  power,  thitt  heaol^- 
▼evted  all  their  rights,  liberties,  properties,  aUd 
whatever  waa  dasr  to  them.  They  enA^avoav- 
ed  to  make  the  world  believe  the  king  wa«  a 
papirt«  And  wfaea,  gentlemen,  by  such  eirata- 
they  had  woml  upon  many  inenulelodh 
whi«  tlMy  te^ihi  «My  hhd  goHik  a 


Bd9]  ^  STATE  TRIALS,  35  Chaelbs  II.  l683^7Wdl  €f  Mgermm  SUney,     [840 


auffiewBt  partar,  then  UmrewisaiMgDof  aa 
X  cpea  rinDg,  (for  tiiey  tlMogfat  iH  thii^  wore 
.l^eocd)  wid  tbai  wis  to  be  in  sevoaljiaitt  of 
ibe  kingdom.  Some  peraone,  to  eflect  thk 
'dfltigD,  were  for  a  preaent  ematirnatiwi  of  the 
lung.  Others  woiud  do  it  in  a  more  Air  and 
gentle  w^.  They  thought  it  below  persona 
of  that  g^reat  quality  as  the  prisoner  is,  and 
therefore  were  for  doing  it  by  open  force. 

When  we  have  given  that  general  evidsnoe, 
We  shall  then  come  to  shew  yon  what  share  and 
part  the  prisoner  had  in  this  design.    For  cer- 
tainly he  was  looked  upon  as  a  very  eminent 
fierson,  whos^  education  abroad,  and  former 
practices  at  home  bad  rendered  him  fit  ibr  to 
advise  and  proceed  in  soc^  affidrs.    We  shall 
prove  when  these  matters  were  ripe,  tiiis  gen- 
tleman was  of  the  council  of  state,  of  the  six 
that  were^  manage  this  matter  of  the  rising. 
We  shall  shew  the  several  consultations  they 
lield ;  one  at  Mr.  Hambden's  house,  another 
at  the  house  of  my  lord  Russell.    There  we 
shall  acquaint  you  what  debates  they  had  ;  for 
,  they  acted  like  very  subtile  men ;    and  there 
'  they  debated,  whether  the  rising  should  be  first 
•in  tne  country  or  city,  or  both  together.    They 
came  to  a  resolution  it  should  be  in  both  places 
at  once.    Then,  when  they  had  asserted  that 
poiut,  they  come  to  consider  the  time  of  rising ; 
and  upon  that  they  thought  tit  to  call  in  aid  of 
•Sootluid  first ;  and  that  was  this  gentleman's 
partjoul&r  province.    For  he,  being  a  man  of 
ffreat  secrecy,  was  to  send  an  emissary  into  that 
Kingdom,  and  invite  some  persons  over  to  treat 
with  them  about  it    We  shall  prove  that  an 
emissary  was  sent,  and  this  gentleman  gave 
Lim  a  considerable  sum  to  bear  his  charges.  We 
shall  prove  that  several  Scotch  genjdemen,  in 
pursuance  of  this  resolve,  oame  here  to  treat 
with  this  great  council  of  state,  aboat  this  affiiir: 
-and  sbail  make  it  appear  to.  you,  that  as  soon  as 
ever  the  least  discovery  of  this  plot  was,  these 
persons  concealed  themselves  and  withdrew,  as 
the  rest  of  the  plotters  thatliave  fled  from  jus- 
tice. 

Gentlemen,  this  was  not  enough  for  this  gen- 
tleman tp  ^consult  on  these  several  passages, 
but  to  demonstrate  to  the  world,  that  bis  bead 
and  heart  was  entire  in  this  service,  and  that  be 
might  ci^ry  it  on  the  mpre  effectually,  he  was 
at  ttiis  very  time,  when  this  emissary  was  gone 
into  Scotland,  preparing  a  most  seditious  and 
traiterous  libel ;  we  iosunce  in  some  particular 
words  of  it ;  but  we  shall  shew  yon,  that. the 
whole  design  of  this  treatise  is  to  persuade  the 
people  of  Jsnglaud,  that  it  is -lawtul,  nay,  that 
they  have  a  right  to  set  aside  their  prince  in 
case  It  appear  to  them,  that  he  hath  broken  tbe 
'  trust  laid  upon  him  by  the  people.  Gentlemen, 
bn  does  use  in  that  treatise  several  arguments 
drawnfrom  the  most  rebellious  times  £at  ever 
were  in  England,  from  tbe  late  rebellion  (I  must 
needs  use  that  word,  notwithstanding  die  act 
of  oblivion,  when  a  gentleman  shall  now  .at- 
tempt to  do  those  things  forwhich  he  was  par- 
4oned  then)  and  from  other  kingdoma,  where 
rebellion  biath^baeDproaperMit  against  piaoea. 


Then  he  fidis  to  roasonintr,^aod  nseagrsat  rea- 
son in  the  cMe,  that  aU  me  powerof  thepriaoB 
is  originally  in  the  people,  and  applies  tfaatdis- 
ooorse,  thatlhe^power  of  tbe  king  was  derived 
fhmi  the  people  upon  trast^  and  they  hadsl- 
ready  declared  the   long   had  invaded  their 
ri|fhts,  and  therefore  he  comes  to  aig«e,thiy 
oQpgfat  assiime  that  original  >  power  they  hu 
conferred.  And  he  tells  the  king,  that  ii  nohaid 
condition ;  if  he  thinks  it  so,  he  shovU  lay 
down  htl  crown,  if  not,  he  threatens  the  con- 
dition would  k)e  exacted  or  otherwise  should 
be  revenged  by  those  be  had  betrayed :  and 
who  but  this   gentleman  and   hisconfede- 
tales,  that  thought    hiaiself  not  only  aUe 
ttf  govern  this   nation,  bat   manjr    nieatf- 
chies,  should  call  him  to  account  ror  it  ?  Fw 
he  lays  down  this  {nindple  that  though  all 
the  people  do  rise  against  taeir  prince,  itiana 
rebellion.    The  whole  book  is  an  ammMOtAr 
tbe  people  to  rise  in  arms  and  vinmcate  their 
verongs.    He  lays  it  down,  That  tbe  kiaghai 
no  authority  to  dissolve  the  parliament;  hot  it 
is  apnarent  the  king  hath  dissolved  niaov; 
therefore  he  hath  briucen  his  trust,  and  invaiM 
ouk'  rights.    And  at  last  concludes  with  dut 
passage  laid  in  tlie  imlictment,  <We  may  tbfss- 
lore  shake  oiTour  yoke  ;  for  it  is  not  a  yoke  we 
submitted  to,  but  a  yoke  by  tyranny,  (that  aisit 
be  the  meaning  of  it)  they  nave  impossd  on  m.' 

Gentlemen,  if  we  prove  all  tnese  mattenl) 
you,  I  doubt  not  you  will  do  right  totbeld^; 
and  kingdom,  and  shew  your  abhortence  oi 
those  republican  principles:  which,  if  pat  in 
practice  will  not  only  destroy  the  king,  hot  the 
nest  monarchy  in  the  world. 

Solicitor  General.  {Mi,  Finch.)  Pray  eaO 
Mr.  West,    [Who  appeared.] 

Sidney.  I  pray  one  word,  my  lord, before  Mr. 
Westbesworn:*!  have  heard,  roylord,  Mr. 
West  hath  confessed  many  treasons,  I  deare 
to  know  whether  he  is  pardoned  or  no? 

L.  C.  J.  I  don't  know  that. 

Sidney.  My  lord,  how  can  he  be  a  witseei 
then? 

L.C.J.  Swear  him:  for  I  know  no  legal 
objection  against  him.  He  was  a  good  witaes 
in  my  lord  Russell's  trial.* 

Sidney.  My  lord,  if  another  did  not  except 
against  nim,  it  is  nothing  to  me. 

Mr.  North  t   Pray  give  an  aoooont  to  die 

*  See  p.  61.S,  of  this  volume. 

t  After  a  pretty  foil  account  (into  which  are 
interwoven  many  animadversions  of  this  trial, 
Ralph  notices,  that  «<  Mr.  North,  who  had  bit 
share  in  tbe  iob,  has  left  a  posthumous  deAooe 
of  it."  TbefoUowingisthe  passage  (Exaoen, 
406)  to  which  he  alludes: 

«*  The  next  trial  he  graces  with  his  eonunent 
is  that  of  Mr.  Sidney,  of  whose  treaeon  I  shdl 
give  an  account.  This  •person's  case,  of  oU 
those  that  suffered  for  this  conspiracy,  ^ 
most  pretended  to  have  been  hud,  ^'j^,^^j'' 
to  have  been  strained  against  him.  Therefoft 
it  is  but  just  to  the  times  to  shew  tbe  iittiecasie 
there WM for  itj  aDdthislAhalldoyasai^uff 


^4l]  STTATB TRIALS/ 35  Charles  IL  l6^S.^f(fr  High  TWmmi.    ,       [842 


<9eart4ifwbatjoaknowof  a  geBeraTiimirrec- 
tioB  intoukd  in  England. 

Sidney.  Whatheknows oonoeraing me. 

L.  C.  /.  Wewiil  take  care  of  that,  tbat  no 
eridence  be  gntssk  hjot  what  ought  to  be. 

.  cooeenia  of  ibis  hntory,  by  Movrin^  the  au- 
\hor'»  steps ;  for  he  is  now  a  pioquerer,  relate 
nothk^  bothy  wftv  of  cavil.    At  first  he  was 

not  pleaded  with  the  witnesses,  and  now  be  falls 

-  tool  upon  the  proceedings ;  and,  as  to  this,  says 
not  one  word  which  is  not  a  libel  and  false  ;  as 
fiwt,  That  Mr.  ^ney  was  not  taken  np  directly 
Kir  a  plotter,  bat  for  a  republican  and  a  fanatic. 
1  most  here  note  that  the  fallacy,  which  runs 
throngfa  this  whole  libel  upon  the  subject  oi 

'IMDev's  case,  is  this.  Mr.  Sidney  was  a  de- 
clared commonwealth's  man,  and  it  is  to  be  sup. 

.pooed  that,  wbaterer  aim  others  had,  his  en- 
gagement was  upon  thecommonwealtb  scheme. 
•|Now  tl|e  author  would  drop  the  treason  and 

tsuhrtitute  his  commonwealth  principles,  as  the 

only  qnarrd  the  court  had    to  him  ;   as  if  a 

.  -commonwealth's  man  could  not  be  a  traitor. 

^Thk  win  appear  more  fuUf  in  the  sequel ;  but, 
in  the  mean  time,  the  mendian  instructor  him- 
self oouMnot  have  insphred  a  sentence  more 

-laise  than  that  above  is.  For  he  wastaken  up 
dh«etiy  (bra  plotter  and  for  nodiing  else ;  as 
both  the  warrant  for  his  Commitment  and 
"^le  in^ctment  against  him  (of  which  aiter- 

-  wardi)  will  shew.  There  was  an  express  proof 
of  a  treasonable  fact,  and  desperate  one  too, 

»by  one  witness ;  and  that,  after  the  pre- 
cedents in  Oates's  nlot,  was  sufficient  to  take 
up  and  commit  for  high  treason.  But  the  ig- 
norance here  is  as  gross  as  the  falsity  ;  for  a 
man  cannot  be  taken  up  and  committed  for 
high  treason 'without  an  oath  of  the  treason 
in  overt  fiiet'especially  expressed  hi  the  war- 
rant. 

"  The  libel  is  very  concise,  in  so  few  words 
to  comprise  so  much  falsity  and  nonsense :  but 
^what  tallows  may  be  excused  of  the  latter, 
havinflf  a  full  complement  of  the  other.  For  it 
is  no  less  false,  than  scandalously  and  impu- 
dently affirmed,  that  he  was  observed  to  say 
little  m  his  defence,  as  knowing  whatever  he 
•would  say  would  signify  nothing  with  tbat  ju- 
dicature who,  he  thouglit,  had  prejudged  him. 
To  this  first,  what  is  pretended  to  be  observed 
of  his  saying  little,  is  a  brazen  untruth  ;  for  he 
said  a  great  deal,  and  made  an  elaborate 
and  strenuous  defence ;  and  being  well 
^aUe;  he  sustained*  it  with  all  the  advantage 
this  cense  would  bear.  Then  as  for  that  ser- 
pentine insinnation  "  as  knowing,"  and 

then  — : —  «*  who  bethought,"  one  would  ima- 
gine the  author  libelled  by  the  advice  of  counsel, 
-using  a  language  that  shuffles,  but  affirms  no- 
thing disprovable:  as  if  he  were  consciopsly 
.  -afraid  to  be  indicted  for  a  false  libeller  of  the  so 
rereign  criminal  oourt  of  justice.    But  really 
-It  is  not  so;  he  uses  that  dislect  only  in  imite- 
tion^his  authors  and  authorities  that,  being 
-obnoxious,  used  to  write  so  carefully;   but  he, 
4iidii|g  bimseirsai^eomestflftfaecalefforieverT 


Sidney,  Is  it  ordinary  that  he  sboaki  say  any 
thing,  unless  it  be  to  me  and  my  indictment  P 

i.  C.  J,  Mr.  Sidney,  yoa  remember  m  all 
the  trials,  about  the  hue  popish  plot,  how  thei« 
was  firat  a  general  account  given  of  the  plot 

rpundly,  saying  •  And  so  it  was  really  and  ia 
effect,^  viz.  that  all  defence  was  vain,  for  the 
Nx>urt  had  prejudged  him.  I  have  not  met  with 
atay  thing  of  the  gemit  ttandalceum  so  aggra- 
vable  as  this.  .  Bat  now,  if  he  has  fbund  a  good, 
sound,  and  oonvincing  reason  for  all  this,  who 
will  not>  clap  him  on  the  back^?  Well  then, 
a  reason  we  sliall  have  with  a  «  For,  as  the 
learned  sir  John  HoUis  [Hawks]  bath  well 
remarked.'  This  reason  is  tmrned  into  an  au- 
thority, a  transcript  out  of  the  learned  libel  of 
HoUis,  wrote  with  notoriotts  malice  to  defkme 
all  the  law  proceedings  ofthis  time ;  in  which 
hetbuUy,  evasively,  and  talsiy  tradooeth  this 
trial.  All  which  the lanthor  making  his  own, 
by  ve  there  a  reason  ;  which  may  have  some 
farther  notice  taken  of  it  afterwards. 

*<  But,  in  the  mean  time,  I  think  it  belong* 
to  candour,  where  the  appeal  is  to  judgment,  to 
make  things  as  ftirly  understood  as  may  be, 
and  not  to  hang  upon  characters  or  censures 
only.  And,  in  particular,  this  base  dealing  in 
the  author  makes  it  reasonable  to  give  here  Mr. 
Sidney's  case  truly  stated  ;  by  which  it  may 
mear,  that  (according  to  common  justice  and 
the  law)  itoould  terminate  in  noting  less  than 
anattsinder  of  that  misteken  g^tlem&n ;  and 
therdby  to  vindicate  the  prooeeding  and  sen- 
tence, Ivhich  those  men  and  the  whole  fanatic 
party,  at  the  time  and  ever  since,  have  been 
bold  to  traduce.  And  then  1  will  shew  the 
knavish  sopbistryof  this  Air.  Malice,  as,  from 
the  genius  of  the  person  and  sense  of  thingn 
rather  than  similitude  of  sound,  the  wags  used 
to  style  the  aforesaid  sir  John  HoUis."  [It  is 
not  unlikely  that  North  perveited  the  name  of 
Howies  into  HoUis  for  the  sake  ofthis  wretched 
attempt  at  jocularity.] 

*^  Mr.  iiNdoey  was  indicted  for  conspiring 
and  imagining  ihe  death  of  the  kins',  which  is 
the  first  Mc\e  in  the  statute  S.5  £dw.  9.  and, 
by  construction  of  law  thereupon,  it  is  understood 
that,  notonly  the  life  of  the  king  but  his  liberty 
and  power  to  exercise  his  government  arc 
equally  under  the  guard  of  this  article.  So  thM 
if  tlie  evidence  be  of  an  intent  to  seize  or  im^ 
prison  the  king,  or  to  master  bis  forces  thai 
guard  his  person,  though  it  appear  not  that  the 
intention  was  directly  to  bring  the  king  to  death, 
yet  it  is  high  treason  witiim  that  article.  For 
It  is  found  by  experience  tbat,  in  the  case  of 
kings,  loss  of  life  is  the  consequence  of  loss  of 
liberty.  And  so  the  law  stends  decUred  in  di* 
Terseinstances,  about  the  time  of  Gates'  ptot, 

Sursuant  to  former  resolutions ;  and  the  lord 
tussell's  case  was  determined  upon  the  same 
law.  But,  since  tbii  article  charges  the  intent, 
which  is  the  act  cf  the  mind,  it  is  addeilthat 
such  intent  is  to  be  made  appear  by  overt  facto : 
which  creates  a  distinction,  upon  the  common 
aoUoQ  af  high  treason,  between  6i^  that 


art  Ike  tieiaoB,  and  lactf  tiial  mm  mAj  the 
0fttt  endtmoi  of  il ;  wliieh  ktter  may  be 
«  thenselrea  iaiiaoeiitf  but,  as  tlicnr  dacsiafe 
m  Boooit  uilflBt»  an  vulgarly,  but  inaiequalelj, 
caUadthetnaaoB.  Theothe  aame  bw  hatk 
nravided  llial»  far  treaaon,  there  ahaU  be  t«u 
Uwfiil  aoDQsera,  that  ia  wkntaa<B ;  which,  by 
judgpoMut  of  lamr,  ^(oea  to  the  treaaon  in  the  iu- 
4io£neiit»  via.  the  'latant,  kc.*  but  not  la  every 
oveK  (hot  bnaught  to  evidenoe  that  intent :  ler 
il  ihene  be  tiro  overt  fiMsta,  and  eaoh  proved  onfy 
liyenewitBeaB»that  ia  two  kwivd  aoraaeraof 
ue  treaaon  charged.  And  ao  the  lew  ia  left 
Indubitably  aettlttl  in  such  caaea,  whatorer  any 
libeUioglawyer  hath  pretended,  or  ahali  pretend, 
lo  the  oantrary. 

<«  In  Mr.  &dney*s  caae,  the  ofert  ficta, 
chained,  were  firat,  the  being  of  a  council  of  six, 
^at  met  for  managing  the  insurrection,  whereit 
was  tcaolred  to  caU  intheSceta ;  and  beparticu- 
lariy  undertook  that  provinoe,  employed  Aaron 
finnth,  and  paid  hia  cnargea.  This  was  proved 
yoaitivcfy  by  the  bird  Howard,  who  waa  one  of 
the  same'  council :  And,  I  think,  is  somewkat 
more  than  being,  as  the  author  says,  a  com- 
noB-wealth's  man.  But  to  this  feesUmony  ex* 
press  he  halh  now  nothing  to  alledge  but  that 
the  priaoner  ebairfntely  denied  it  But  even 
that  n  not  true,  thougn  it  ia  aBowed  a  man, 
open  a  trial,  in  defence  of  his  lite,  lo  deny  ail. 
I  camot  find  one  expression  in  the  colonel's 
large  defence,  which  amounts  to  a  denial  of  hia 
being  of  the  council  of  aix,  or  of  his  sendmg 
Aaron  Smith,  or  of  any  thing  my  lord  Howara 
aud  poaitifely  of  him.  And  we  may  allow  the 
Mithor  80  mtich  upon  this  gpentleman's  veracity, 
who  was  of  a  noble  fiuoaily,  though  gtoe  of 
nrindples  like  the  Greeks,  tfiat  made  it  an 
heroic  action  to  kill  kmgs  (iiien  called  tyrants) 
4hat  be  would  not  vent  a  dnuot  lye  in  the  ftoe 
of  the  court,  unlesa  hia  pleading  non  cuT  bene- 
flounied  ao ;  aa  when  a  asan,  for  deby,  pleads 
^mmett  /actum  to  a  band,  he  may  be  aid  to 
^y  ha  hand  and  seal,  who  would  not  do  it 
eipon  the  i|aestion  fan  tiie  foee  of  the  court  I 
any,  allowmig  the  author  even  so  much,  yet  he 
Is  a  falsaiy  in  saying  Mr.  Bidney  denied  what 
he  did  not  deny ;  m  he  argued  indeed  very 
^eutdy  against  the  credit  of  my  lord  Howard's 
iestimoDy,  upon  topics  of  insprobability,  and 
diiqparagemeBt  of  htub  See  here  now  an  au- 
thor that  will  affirm  at  a  ventm^,  to  aarve  a  folae 
Inra,  udmt  the  prisoner  would  not  do  to  wtsfft 
WaUfo;  andifhehad.daBeao,aalotbaau* 
ihar'a  foroe  of  argoment,  it  had  been  nothing 
to  the  purpoae,  bc«anse  nprisoMr'sdMniliano 
Irstimony  for  him. 

<«  Bat  HoDia  hirpa  aloe,  aa  the  author  oilss 
hiaa,  upon  the  wuakanm  of  the  loid  Howod's 
tsstimeny;   ayiag  '  my  lard  Howard  waa 

a^^^^^^m^w^mHm%  ^vw^^h  ^^^  j^^^^^^^^w^^j  ■  mm^^POT  w^ww^ 


S45]      STATEIUALS^  ^S  CaAUBe  H.  i663»*-1Wff ^  Atgtrimm  SJbkg.     t^M 

in  Cokraan'a  trial,  andao  in  Fluliket'a»  and  I     Mr.  JfeKA.  Mr.  Weat,  What  do  ye»kw 
others:  I^notdoubtbatyottrBmaaaber.  And    of tim goieral insurteetien lutely lasigned F 
air  WiOiaa  Jonea,agBinat  wfaoae  judgment,!       Mr.lFeit.  My  lord.  Iliave  bid  the  honoor 
helievoi  you  wont  olfect.  waa  attorney  at  that    to  know  ookmel  Sidney  a^veral  yearfe:   but  I 
"" —  do notrevMnber  that!  ever aaw him  naoitlM 

I ^ 

I 

*  according  to  hia  vain  cuatam.'  Age  whnthe 
swore  was  not  true.  We  shall  see  bow  thej 
daub  on  their  ooloum  anon.  In  the  mean  tiaae 
we  proceed  tp  theeeoond  overt  fact,  chai||cd 
in  this  indictment ;  and  that  was  a  book  whiA 
he  had,  some  time  before,  wjeSe,  upon  the  suIk 
ject  of  a  coHWionwealth,  against  meonrehy  : 
In  which  he  set  up  principles  j»d  positiena 
directly  inconsistnt  withJhe  English  gevmn- 
ment,  as  are  specified  in  the  indictnsenft.  It 
appeared  in  the  evidence  that,  at  the  eery  tinm 
when  he  was  taken,  and  Ma  paper*  asised,  Am 
book  was  brought  forth  and  my  upon  hia  desk 
with  corrections  evident  upon  it ;  and  in  that 
posture  it  was  found  at  the  discovery  of  the 
Rye  Conspiracy,  intended^  as  was  trndiratnad, 
to  be  then  publisbed ;  the  whole  drift  of  it  be- 
wg  to  shew  it  was  hiwlhl,  commendable  and 

•necesaary  todewhathewaa  about»that  ia  ta 
take  up  arms  against  the  king,  and  lo  depose 
him.  This  beii^ioiaed  with  the  other  circam. 
stances  in  the  case,  and  upon  a  full  proof  hy  d^ 
verm  witnesses,  and  oompariaen  of  hand  Wntiiy 
that  the  boodL  was  wrote  and  corredcd  with  hm 
own  hand;  the  court  took  the  book  asaaolher 
overt  act  of  ihe  treaaon  within  the  indictment. 
It  is  to  be  remembered,  that  it  inHiorted  not 
whether  the  book  itself  was  treason ;  foraa 
innocent  fiiet,  aa  whettiqg  a  knifo,or  the  hkc, 
jdned  with  drcumstanees  that  conatrue  it  done 
with  an  luteot  to  com^aas  the  king's  death,  is 
an  overt  act  Nor  is  it  material  whether  the 
book  akme,  without  the  ejLpium  trsaaaa  pvaved 
had  made  good  the  iadictamwt,  or  not;  ftrbure 
they  were  both  together.'  The  prisoner  never 
denied  the  book,  kit  put  it  off,  sirring,  <  he  waa 

*  not  to  answer  for  any  thmg  there.'  And  al- 
though all  this  is  in  print,  the  audmr  has  dm 
front  to  my,  *  it  waa  never  proved  to  besooHMh 
'aahishand.'  What  will  pot  he  s^ymtaan 
that?  Iniayjostlymy  therewasnot  only  the 
common  proof  of  file  opinion  of  witncaase,  bat 
writings  produced  and  sworn  to  be  hia  haMd,  aa 
bifia,  and  letters,  and  compared  in  court?  bat 
the  prisoner  made  a4soasidemUe  defenoeagaiast 
that  sort  of  Sfridence.  And  I  remember  well 
one  Mr.  Goodwin  Wharton  alood  up  and  aaid 

<  give  me  any  writing,  and  I  will  in  a  quartm 

*  ofan  hour  bring  another  60  like,  aa^wrilar 

<  shall  not  distinguish  them;'  or  to  that  efieot ; 
andoneof  the  judges  said,  «8ir.  You  migbt 

<  have  spent  your tiam better.^  if  Oalahad 
brought  sueh  a  praef  to  any  of  hiacoaaaHa- 
siou^deo.  IshovAdhaviebeaanconycrttohii 

plot 

"  But  now,  ta  take  up  l^gain  with  the  ka^ 
Holtti,  who  hath  atmy  this  nmeeedmi 
aa  hia  quill  wouki  eater,  ana  we  must 
rfly  have  to  do  with  bias,  beoaan  the 
h«  ao  takea  him  into  hia  twMt,  that  we 
t  heataiwtfae  taFoarticlea 


tU)  nTATKIIUlJB^  55G»ABtM  IL  iCid^-^ITigdlTVwoii. 


Weu.  My  lorl,  in  October  lasl,  oiptam 
WalooicMM  torne^  and  told  me  tint  my  lord 
ShofteAurf  faid  deagned  an  imartcetoou  m 
Nofember;  I  eeed  wme  amimentB  to  dnr* 
smidekin  from  it.  Bnta  fitUe  aftcf^frardi  he 
came  and  told  me,  fhe  thki^  waa  whoDy  ifitep- 
poiBtad.  and  then  it  went  off,  aod  my  lord 
SliaftesDmy  went  for  HoHsnd.  Colonel  Rmn« 
say  afterwardi,  about  Ghriatmas,  said  there 
were  some  lords,  and  gentlemen  intended  to 
make  aft  inaurrectton ;  .die  penons  were  the 
dvke  of  Moamonth^  my  lord  of  Essex,  my  lord 
Howard^my  hird  Russeli,  Aepnsooerattbe 
bar,  and  Mhr.  Bampden,  jrni.  Aner  sometime 
ha  told  me  tkey  kad  akered  their  measives;  and 
ware  resolved  not  to  Tentnre  upon  an  insmrec* 
tio»in  Sngtand,  litl  tkey  bad  a  eoaearrency  iti 
Seotlaad.  MIerwards  I  was  not  prtty  to  any 
thmff  fHe^  bat  what  I  had  the  report  of  from 
Bft.NeMtfop  and  Mr.  Ferguson.  Mr.NelArop 
toM  m#  tbeprisoner  had  sud-— — 

Skhtn,  My  k>rd,  I  am  rery  ottwiRing  to  in* 
terrupt  Me  rentfeman^'* 

L.  C.  J.  You  moat  notintermpt  the  witnem 
Go  on,  Sir. 

w€$i,  Mr.  K^eitnrop  fold  me,  tilie  prisoner 

at  tke  Bar  ImmI  asnt  Aaron  Smnft  mta  cfcotbuid, 

and  gwen  bam  a  snm  of  money  to  bcotr  his- 

ekar^s,  and  sent  letters  to  some  Scotcbrai- 

tlemen  to  invito'them  to  town.    The  I^er  borr 

a  cant  of  settling  some  business  inCaiolInaj; 

but  the  business  was  coming  up  abontthe  in- 

surreatian.    After  this  Mr.  Smith  retailed,  aiid 

some  Seolch  gentlemen  with  him  7  and  soon 

after  Mr.  Fermon  pre  an  account  of  that 

a  oommon-  I  aftiv,  and  said^  thfe  Sooteh  proposed,  tf  they 

Tk#paJisagiB,  I  asanlisiied,  shew   migkt  hare  thirty  thousand  pounds  in  reiidy 

die  btaa  was  so  strong,  as  znonarcb^  waa  KkM    money,  they  wofdd  nndierfaJbe  to  make  an  m- 

snnetlion  m  Scotland,  without  the  otmciirfsuoar 


tlMl 

•piraoy,  til)  tke'dlsoovevytkaawaa  at  theoovndl. 
Mr.  JiwMw  Pray  ^o  an  aeaomn  of  wkat 

yon  IsMW  of  the  pm  m  genmaL 

—  ■     ■  ■     — 

Mr. Sikiey, ibat,  tke  sandmsr  into  Scotland; 
secondly,  the  treasonable  boA,  which,  bgr  tke 
-way*,  ia  not  ezpraased  an  an  konesi  kHryar 
skaidd;  for  the  aiiicla,  of  crime,  waabatooa, 
that  ia  *  compassing  tbe  deaii.  of  the  king.* 
TliMStsiro were apatketrcoMn, but  tkaorcrt 
focta,  wkich  need  not  be  criminal  in  tkemseiyos 
aslnalMt  before:  bnaaUtheae harpers  atrike 
upon  thai  string;  m  falkmfl»  groaa  tkata 
kwyer  should  be  sahamrd  of  it.  Suthe  says, 
«  He  (Bir.Sidney)  waatalkedto  death  under 
« the  notion  of  a  common wealth's-man,  and 

*  fosmd guilty  bv  a  iuiy  who  were  not  much 
«  maie  proper  jvigaa  than  tk^  wo«ld  kaiia 

*  keen  It  wkat  ho  had  wnto,  had  been  done  by 

*  hiaa  in  Syriacer  jliabie  *  latluB  ingeiuKMis  ? 
Was  the  ouesliBnLnpoB  tke  nMritaof  tke  book, 
whalfaartke  cfMSW  «f  nmnblm  wBemadegoad 
againalBBonarekyornser  Asi^bythccofonay 
of  that  book  the  treason  waato  stand  or  foil. 
Itiafoolish  U  my  ^iiuj  were  not  jodra 
of  the  controversy,  which  was  in  no  sort  me 
question.  But  yet  an  well  the  jury,  an  att  tke 
nyieaM^  that  owned  Eaglish  for  their  mother 
tongue,  «ooald  understand,  oat  of  tke  indsciBent 
wiMB  ia  waa  read,  the  moenti)re  puBsagaa,  to 
slimpaebellMv  taken  evtaf  il ;  enoogk  to  skew 
wkat  he  intended  by  the  wkabeonnactad  with 
theSafltdt  niitfstinlionb  Bnt  hem  the  author 
dumea  in  and  says,  *  it  was  but  an'  easay  upon 

with  nbiaa  towards 


by  tie  smans  Butitisajat,  that  now, 
thejni  iksirsi^  tha» bosh,  aa tke  nntkotkatfc  it^ 
ia  found  veiy  innocent,  becanaeitis  prinspd, 
and  nobody  4iMstiBMid  for  it  JOn  not  we 
knosr  thnfcthapraflfteCtka  cep^  in  snekkanda 
aekadfoaaUE^  wonkl  gel  the  bettor  of  any  of- 
fanoeadiieh  tliegoe^mment  (then  aaoova  from 
eedttion,  ov  angi  papulas  proianaionrtoonW  take 
aathepamcipinahafalifortkin  itP  Botit  beiag 
for  frioids,'say  they,  kt  tbeaa  make  theb  beat 
of  it  But.  theiw  ima  been  \imea  when  the 
Mnsi^IeK  held  forth  m  this  book,  wouMhiwe 
been  takemnetieeofiiy  tke  gofewiment  The 
aeopeefia  being  to  shew  that  the  people,  at 
tkmr'mera  plsaanra,  amy  appomt  who  shall 
kaadtke  rsbbto,call»parihimenas  and  depose 
tke  Idn^for  any  goB«pnasenl^  for  tke  ai^gfament 
gnaatoaifcahfes)*ifbabeneta  good  servant; 
andtkelike  tootadtoneto  pardoulariaa.  Tkis 
is  whatqnafomana  kiatwiM  mnkeeto  be  only 
atitde  warpmg.  toward*  a  commonwaaltb,  for 
wkich  his  wise  Eiiwyer  says,  with  parallel  ho- 

thathe  ima  talkedtodaath.' 

aanroch  to^wnrp-oar 
bf  asBoting  ematterefcon- 

'lhmnpsa.no  ether  anlhowty  than  tholf 

of  theaiaHto^  whoae  justioe  wharemadethe 

•thi^  in  IMhsv  ThMlteatibn  of  thar 


of  low,  «a  mi^  he  more  authentic  and  dear 
of  theaaftotMNia  preteooes,  teshewtkatamanV 
hand-writing,  or  any  writio^  aa  they  may  be 
found  and  circnmstantiated,  may  be  construed 
an-owrtfoet  of  treason.  And  (to  inakesmre)tbe 
citation  shall  be  of  a  case  that  happened  since 
theretehition;  and  I  am  not  certiJn,  hot  thnds 
this  same  lawyer  Hollia  waa  on  the  shks  of  tfaw 
praseeutioii- to  mvethe  matter  against  die  pri- 
soner: and  iff  ii  the  case  of  Mr.  Xohn  Ashton. 
He  waa  tucen  with  the  lord  P^reston,  aa  goings 
oyerto  France  tn*  time  of  war  f  and,  upon 
aesrob,'  a  paoquetof  papers  was  found  inlhnr 
booom  sealed  up;  And*,  in  that  packet,  wen? 
found  dif  ers  treasonable  papera,  some  of  tb# 
lord' Preston^  hnnd,  and  some  offoAer  hands^ 
But,  as  to  Aahtur  himself,  there  whip  no  pre« 
tence,  much  less  proof,  that  any  of  tham  wenr 
wietebjr  him  r  nar  could  it  be  made  i^ipear 
thatheKnewthecontentaofanyofthem.  Amf 
yet  this  packet^  so  found,  was  cooatroedaii 
overt' act' of  high  tk«ason)  because  of'die  suk 
picious  cirenmsCsnces  under' which'  irwiB 
found ;  and  Ashton  was  attaint  and  aoftrad 
thereupon.  There  is  a  case  now,  which  beings 
ui  print,  the  author  may  carry  to  hirlaivryar 
"""  and  take  hirophnonnponlt.'' 


M7J     STATE  TRIAIA  S^  CharUs  Ili  l6S5^Tfiol  ^  jttgermmSUiug,     [84S? 

of  EoffUnd.  He  laid  this  proposal  was  ag^reed 
to,  and  money  would  be  soon  ready ; .  and  he ' 
8ai4  that  Sheppard  woald  return  tne  money. 
That  the  arms  were  ready  bought,  and  my 
lord  of  Arg^le  would  go  into  Scotland  and  head 
the  Soots. ,  He  told  me  when  thi^igs  were  thus 
settled,  some  difference  arose  .about  raising  the 
mon^  j^  and  at  last  he  told  me^  my  lord  Grey 
did  offer  to  raise  4en  thousand  pounds  out  of  his 
own  estate,  if  the  rest  would  pay  their  propor^- 
tioD.  Then  the  Scots  came  down  to  less,  but 
^at  would  not  be  complied  with.  The  ptoces 
ibr  the  rising  were  Bristol,  Taunton,  Y.rk, 
Chester,  Exeter,  London.  That  there  had 
been  some  debates,  whether  they,  should  begin 
at  London  or  the  other  places,  and  at  last  it 
was  resolved  they  should  begin  at  London  with 
the  rest  of  the  places.— My  lord,  this  was  the 
account  I  had  of  the  matter  in  general  of  Mr. 
Ferguson ;  but  he  said  they  were  disappointed. 
Afterwards  he  told  me  the  prisoner  at  the  bar, 
and  major  yi^ildman,  were  very  instrumental  in 
working  of  it  off,  because  they  could  not  agree 
upon  aSe  declaration  to  be  made  upon  the  in- 
surrection. Th^  English  were  for  a  common- 
wealth: but  the  Scotch  gentlemen  answered 
fairly,  it  might  come  to  it  in  time,  but  the  noble- 
men Uiere  would  not  a^ee  to  it  at  present.  As 
to  the  prisoner  in  particular,  I  know  nothing, 
and  did  never  sp^  with  him 'till  sinc^the 
discovery. 

Att,  Gen.  Colonel  Rurosey.    [Swom.j 

Mr.  North,  Pray,  Sir,  will  you  give  the 
coqrt  an  account  of  what  you  know  of  any  in- 
surrection intended,  and  blow  they  designed  to 
carry  it  on  ? 

Col.  Rumuy.  My  lord,  the  latter  end  of 
October,  or  the  be^inninff  of  November,  I  was 
desired  by  my  lora  Shanesbury  to  go  to  Mr. 
Sheppard's  to  know  of  the  gentlemen  that  were 
met  mece,  what  was  done  about  the  rising  in- 
tended at  Taunton ;  and  I  had  their  answer, 
that  Mr.  Treachard  had  failed  them,  and  that 
it  must  cease  for  that  time.  That  was  all  at 
that  time. 
.  Sol,  Gen.  What  else  do  you  know  of  any  in- 
Mirrection  afterwards  P 

Rum»cf,  After  that  we  had  several  meetings 
at  Mr.  West's  chamber,  where  we  had  divided 
tiie  city  into  twenty  parts,  and  seven  parts  Mr. 
Goodenougfa  had  brought  an  account  of;  the 
other  thirteen  be  said  nothing  of;  for  he  had 
not  spoke  vrith  diose  that  were  to  tell  him  how 
many  men  th^  would  afibvd.  There  was 
there  captain  jv  akeC,  Mr.  West,  the  two 
Ooadenoughst  Mr.  JBorne,  Mr.  Wade  and  my- 

JL  C.  J.  What  was  the  result  of  those  de- 
bates? 

Rumsey.  To  see  what  number  oCm4m  they 
aoiild  produce  in  the  city  for  the  inswredign. 

X.  C.  /.  Was  there  a  rising  desigi^  ?  ' 

Rumtev.  Yes. 

L.  C.  /.  And  did  these  people  meet  P 

Riinuejf,  There  was  do  time  set 

<Sp4  Geih  Wjien  was^^he  maatiDgf 


Rum$i^»  There-  were  sercnl  mwMinn  •  in 
March,  and  April,  and  May. 

Sol,  Gen.  Afler  the  meeting  at  Sheppard's  ? 

Rumsey,  Yes,  a  great  while. .  It  ooased,  I 
think,  sik  weeks  or  three  months. 

X.  C.  J.  Who  did  you  meet  with  at  Mr. 
Sh^pard's? 

Aumaey.  There  wasthe  duke  of  Moomooth, 
my  lord  Grey,  my  lord  Russell,  sir  ThouMS 
Armstfongj  Mr.  Ferguson,  ahd  Mr.  Sheppard. 

Sol,  Gen.  Who  did  yoii«3Kpect  slHMikl  besd 
this  army  ? 

Rumtey.  That  was  never  said  any  thing  of. 

!Att,  Gen.  Who  were  to^  manage  therising  ? 

Ramsey.  We  that  met  there. 

Att,  Oen.  Had  you  no  expectatioD  of  great 
men? 

Ramsey .  Mr.  West  told  me,  and  Mr.  Good- 
enough,  that  there  was  aoonneil,  which  wen 
the  <mke  of  Monmouth,  my  lord  Essex,'  my 
lord  Howard,  colonel  Sidney,  Mr.  Hampden, 
and  my  lord  Russell,  there  were  six. 

JL.  C.  J.  What  did  he  tell  you^them'sirf 

Ramsey,  He  told  me  they  were  managing  a  • 
business  with  Scotland. 

JL.  C.  J.  A  business,  pray  speak  plain,'  tsB  - 
all  you  know. 

Kums^,  For  the  insurrection. 

L,  C.  J,  Say  so  then,  we  know  notliiDg  of '- 
the  business  you  were  about. 

Ramsey,  My  lord,  Mr.  West  had  that  dis* ' 
course  with  my  lord  Howard  I  never  had ;  he  * 
is  more  fit  to  speak  to  that  than  me. 

L,  C,  J,  Speak  your  own  knowledge  and  no ' 
more. 

Mr.  Jbaec.  After  the  death  of  my  k>rd  Shaftes- 
bury who  were  the  managersy'ana  were  to  carry  - 
it  on? 

Ramsey,  I  told  yoo^  Mr.  West  aad  Mr. 
Goodenough  did  tell  me  the  duke  of  Blounoatbt 
my  lord  Essex 

Att.  Gen.  >  He  told  you  so  beftire.  Do  yon  * 
know  there  was  an  insnrractidh  then  inleaded? 

Rumsey,  Y''es,  because  we  met  towards  the  * 
paanagement  of  it;  the  company  that  met  at 
Mr.  West's  chamber,  and  o^r  places. 

Ait,  Gen^  What  discourw  nad  yon  wUh 
Mr.  FeigosoB  aboat  it  ? 

Rumsn*  Not  aboutihose  gentEemcn. 

Mr.  UtoriL  Thenezt  thing  we  shaU  shew, 
shall  be  that  theScotohmen  caDietotown. 

Sidn^,  My  lord,  I  must  ever  put  yen  in 
mind,  whether  it  he  ordinary  to  eaEamiiie  men 
upon  indictments  of  treason  oooMmiag  me 
that  1  never  saw,  nor  heard  of  in  my  iiie. 

L,C,J.  I  tell  you,  all  this  evidvoe  does  sot 
affect  you,  and  I  tell  the  jnryao. 

Col.  Sidney,  But  it  prepoasesvetliie  jory.  • 

Mr.  Kdling  called  and  sworn. 

Att.  Gen,  I  ask  yoa  in  gCBend,*what  vaa  * 
know  of  the  rising  to  have  been  test  abringf 

Keiling.  M  v  Im,  it  was  some  time  lael  siiaa*  * 
mer,  Mr.  Goodenough  came  to  me^  and-hrodf^  * 
me  three  papers  numbered  en  the  backside;  I 
asked  him  to  what  end  be  dcdiveied  them  mef 


•49]  STATfi  TRIALS,  55  Ch ttiBft  II.  1 6§i^i»  High  Titaaou. 

MifwHto  ««^er  tnro  to  wboa  r  ooald  trast  in 
the  tiro  dbiaoiu.  1  taHud  him»  wlwt  wu  the 
toigMP  He  aaid,  «»  ruse  men.  Stvs  I,  da 
vw  denfB a  oeoMl  msorreoticm ?  Hesaid,  if 
M  did  11^  if  iie  king  wm  taken  off  this  woald 
do  well;  for  then  people  would  know  how  to 
luivn  reooorae  to  a  formidahle  body.  And  I 
hare  heard  him  ny,  that  colonel  Sidney,  whom 
I  d«i*t  know,  had  a  oonaiderabie  part  in  the 
nanafpamentof  that  affiur. 

Att.  0€H,  We  charge  him  with  oorspiring, 
and  there  must  be  confrderatea  in  the  case,  now 
iWn  we  oome  to  the  pnMNier,  we  will  call  ray 
ford  £foward,  that  was  one  of  the  peicNMis  that 
didoonsidt. 

The  lord  Homard  sworn. 

AU.  Gen.  Pray  aoqnaint  my  lord  and  ttie 
jury 'of  your  kAowkt&e,  of  what  transactions 
there  have  been  with  3ie  prisoner  about  Uiis 
ttffiJr  of  the  genersl  rising. 

Lord  Howard,  Truly,  my  lord,  in  the  enter- 
ing of  the  endence  1  am  about  to  give,  I  can- 
not but  observe^  what  a  natural  uniformity 
there  is  in  truth.  For  the  gentlemen  that 
tliat  have  been  before  hare  so  exactly  instanced, 
in  every  particular,  ifith  what  I  baTe  to  say, 
the  two  tallies  could  not  more  exactly  fall  into 
one  another,  though  I  confess  I  had  not  seen 
tfadr  fteea,  till  the  Plot  broke  oat,  for  some 
inoiiths  before. 

Bfy  tord,  and  gentlemen  of  jury,  about  the 
middDe  of  January  last,  it  was  consider^  by 
some  of  us  that  met  together,  that  it  was  very 
necessary  and  expedient  to  an  enterprize  that 
Imd  been  lonff  in  hand,  and  foUen  flat  then, 
that  it  should  be  revived  by  some  consult  or  ca- 
bal, that  should  be  set  up  to  ^ve  Itfo  to  it,  and 
gofrctnanee  to  the  motions  of  it.  The  first  (for 
ought  I  knew)  movers  of  this  were  the  dnke  of 
If  onmoofo,  tne  gentleman  at  the  bar,  and  my- 
self: And  there  we  did  agree,  that  we  shoifld 
bethink  ourselves  of  some  tew,  we  were  willing 
it  should  not  exceed  five,  at  the  roost  seven. 
This  agreement  being  at  first  between  us  three  3 
I  remember  the  duke  of  Monmoutli  undertook 
to  engage  mv  lord  Russell,  and  mv  lord  Salis- 
Ibury ;  and  tnis  gentleman  colonel  Sidney  for 
my  lord  of  Essex,  and  Mr.  Hambden ;  and 
these  being  put  together,  dkl  presendy  consti- 
tute a  little  cabal,  of  as  great  a  number  as  was 
intended*  This  being  settled  among  them,  it 
^ras  within  a  lew  days  after,  I  cannot  certainly 
iell  when,  but  between  the  middle  and  latter 
end  of  Januarr  that  I  was  told,  that  the  per- 
aons  had  agreed  to  enter  into  this  eoniunction 
of  ooundk ;  and  in  order  to  that,  they  had  ap- 
pointed a  meetinff  at  Mr.  Hambden's  house,  to 
which  I  was  invited.  This,  in  time,  was  «be- 
tireen  the  middle  and  latter  end  of  January,  but 
I  cannot  tell  exactly.  When  we  came  there, 
there  were  all  those  gentlemen  I  before  named, 
the  duke  of  Monmouth,  my  lord  Essex,  my 
lord  Russell,  colonel  Sidney,  Mr.  Hambden, 
and  myself.  It  was  at  Mr.  Hambden's  bouse 
which  ranges  on  the  same  row  with  Sootb- 
amptoii  hcmse:    And  being  met,  Mr.  HamA^* 

YOL.  IX. 


[850 

deo,  I  suppose,  did  thndk  it  most  propeil^ 
belonged  to  him  to  take  upon  him  the  part 
as  it  were  to  opeu  the  sessions,  that  was,  to  giv0 
us  a  little  account  of  tike  reason,  end,  and  in- 
tention of  that  meeting :  In  which  discourse, 
he  took  occasion  to  recapitulate  some  design, 
that  had  been  before  chiefly  carried  on  by  my 
lord  Shaftesbury,  before  this  time  dead ;  and 
also  took  notice  of  the  ready  disposition  and  in- 
clination of  the  minds  of  men  to  go  on  with  it ; 
and  did  ^ve  one  instance  of  his  judgment  of 
it,  that  It  being  a  design  communicated  to  so 
many,  it  had  not  been  so  much  as  revealed,  oe 
a  murmur  or  whisper  gone  about  it:  From 
whence  he  took  occasion  to  tell  us,  that  it  waa 
absolutely  necessary  tor  the  ftiture,  there  should 
be  some  council  that  should  be  as*  a  spring,,  a 
little  to  guide  and  govern  the  motions  of  the 
rest,  for  that  there  were  diver»  things  to  be 
taken  care  of,  whidi  if  not  taken  care  of  4>y 
particfilar  persons,  would  all  miscarry.  This 
was  the  substance  of  the  prologue  and  intro- 
duction he  made.  From  hence  he  made  a 
transition  to  some  particular  things,  that  be 
diodgfat  were  moat  principdlly  to  be  taken  Care 
of.  And  though  it  is  impossible  for  me  to  re- 
member the  order  and  method  in  vrhich  wo 
discoursed,  or  who  said  this  or  that ;  but  that 
which  the  sense  of  all  resulted  to  was  this  t 
That  ffluqe  we  did  not  come  preoared  for  it^  we 
should  consider  what  were  the  thii^  that 
would  hereafter  challenge  our  particular  care, 
that  was,  the  time  when,  the  places  where,  and 
the  persons  l^whom  these  things  should  be 
carried  on.  This  led  into  some  j^irticular  dis- 
course concermng  some  of  these  heads :  Fov 
the  time,  that  it  should  be  shortly,  lest  the 
minds  of  men  should  chill ;  and  then  as  to  the 
place  where,  whether  in  city  or  country,  or 
Doth  jointly.    In  aU  these,  some  opinions  were 

S'ven,  but  not  settled  to  any  resolution,  but 
ey  were  committed  to  our  tnoughts  to  be  (h* 
gested  afterwards.  But  these  beii^  the  things 
that  every  one  was  to  take  upon  his  thoughts, 
there  was  this  pre-retraisite  to  the  imdertaking, 
and  tlmt  was  to  consiaer  what  magazines  were 
to  be  got;  and  that  led  to  another  particular, 
which  was,  vrith  what  diey  shoukl  begotten, 
and  that  was  money ;  and  thereupon  was  pro- 
pounded a  considerable  sum  to  be  raised  :  and, 
as  I  remember,  the  sum  propounded  by  the 
duke  of  Monmouth  was  95,000/.  or  80,000/. 
And  then  it  was  considered,  bow  it  should  be- 
ridsed  vritfaout  drawing  ohservation  or  jealousy. 
These  are  only  the  hms  that  were  then  agreed 
on,  hereafter  to  be  better  considered.  But  the 
present  resoluticm  that  was  taken,  was,  that 
Defore  any  procedure  was  made  in  any  of 
these  things,  or  any  advance  towards '  the 
undertaking ;  the  first  thing  to  be  consider- 
ed was,  how  to  make  a  oaalition  of  coun- 
eib  between  Scotland,  and  what  we  were 
doin^  here ;  and  for  that  purpose,  we  should 
bethmk  ourselves  of  eoqcie  nt  person  to  be  sent 
Either,  to  unite  us  into  one  sense  and  care. 
This  is  as  much  as  occurs  to  my  memory  upon 
tfiaf  meeting.  About  a  fortnight  or  tbi«swedii 
$1 


851]     STATE  TRIALS  S5  CHARtEft  n.  l6%S,^Trialtf  Atgenumaidnfy,     [%&8 


filer,  which  I  mippoae  carried  it  to  the  middle  of 
^February  next,  we  had  another  meeting,  and 
that  was  at  Soutbampton-hoase  at  my  lord 
RusselVa,  and  there  were.  ef?ery  one  of  the 
same  persons ;  and  when  we  came  there,  there 
happened  to  &11  in  a  discourse  which  I  know 
not  how  it  came  in,  but  it  was  a  little  warmly 
urged,  and  thought  to  be  untimely,  and  unsea- 
sonable; and  that  I  remember  was  by  Mr. 
Hambden,  who  did  tell  us.  That  having  now 
united  ourselves  into  such  an  undertaking  as  this 
was,  it  could  not  but  be  expected,  tliat  it  would 
be  a  (question  put  to  many  of  us ;  To  what  end 
all  tins  wasf  Where  it  was  we  intended  to 
terminate?  Into  wliat  we  intended  to  resolyeP 
That  these  we^re  questions  he  met  with ;  and  it 
was  probable,  every  one  had  or  would  meet 
with  from  those  persons  whose  assistance  we 
expected ;  and  that  if  there  was  any  thing  of  a 
persona]  interest  designed  or  intended,  that  there 
were  bat  few  of  tliOi«,  whose  hearts  wei'e  now 
with  us,  but  would  fall  off:  And  therefore, 
since  we  were  upon  such  an  undertaking,  we 
should  resolve  ourselves  into  such  priucipks,  as 
should  put  tlie  pronerdes  and  liberties  of  the 
people  inU>  such  haiias,  as  it  should  not  be  easily 
wvaded  by  any  that  were  trusted  with  the 
supreme  authority  of  the  land;  and  it  was 
mentioned  to  resolve  all  into  the  authority  of 
the  parliament.  This  was  moved  by  him,  and 
bad  a  little  harshness  to  6onie  that  were  there ; 
but  yet  upon  the  whole  matter  we  g^erally 
consented  to  it,  That  it  was  nothing  but  a  pub- 
lic good  that  we  all  intended.  But  then  alitor 
that,  we  fell  to  that  which  we  charged  our- 
selves with  at  the  iirst  meeting,  and  that  was 
concerning  sending  into  Scotland,  and  of  settling 
an  understanding  with  my  lord  of  Argyle: 
And  in  order  to  tkis,  it  was  necessary  to  send  a 
messcr^ger  thither  to  some  pensons,  whom  we 
thought  were  the  most  leading  men  of  the  in- 
terest in  Scotland :  This  led  us  to  the  insisting 
on  some  particular  persons;  the  gentlemen 
named,  were  ray  lord  Melvin,  sir  John  Cock- 
ram,  and  the  Campbels  y  I  am  sure  it  was  some 
of  the  alliance  of  my  lord  of  Argyle,  and  I 
think  of  the  name.  As  soon  as  it  was  pro> 
pounded,  it  was-  offered  by  this  gentleman 
colonel  Sidney,  that  he  would  take  the  care  of 
the  person ;  aod  he  had  a  person  in  his  thoughts, 
that  he  thought  a  very  fit  man  to  be  intrusted ; 
one  or  two,  but  one  in  special,  and  he  named 
Aaron  Smith  to  bo  the  man,  who  was  known  to 
some  of  us,  to  others  ngt ;  I  was  one  that  did 
know  him,  and  as  many  as  knew  him,  thought 
him  a  proper  pbrson.  This  is  all  that  occurs  to 
me  that  was  at  the  second  meeting,  and  they 
are  the  only  consults  tliat  I  was  at. 

Att,  Gen,  What  was  he  to  do  ? 

Lord  Howard.  There  was  no  particular  deed 
for  him,  more  than  to  carry  a  letter.  The 
duke  of  Monmouth  undertook  to  bring  my 
lord  Melvin  hither,  because  he  had  a  particu- 
lar dependence  upon  him»  and  I  think  some 
relation  to  hie  lady :  But  to  sir  John  Cockiam 
there  was  a  letter  to  be  sent  under  the  disguise 
of  carrying  on  somebosiness  of  the  plantation 


m  Carolina.  This  letter  I  soppose  was  writ  bj 
my  lord  Russell  (though  I  know  it  not)  for  he 
was  personally  koown  to  my  lord  Russell,  and 
I  don't  know  that  he  was  known  to  any  cf  us. 
About  three  weeks  after  *thi8,  then  he  was  dis- 
patched I  suppose. 

Att.  Gen,  To  what  purpose  were  the  gentle- 
men to  come  up  P 

Lord  Homard.  These  were  to  acquaint  ns 
how  thejr  found  Scotland  tempered,  and  what 
opportunities  or  advantages  there  were  or  might 
be  of  putting  them  into  a  commotion,  and  how 
men  might  Tie  raised,  asd  how  they  would  fall 
under  Argyle,  and  also  to  keep  time  and  »lace 
with  us.  After  this,  1  was  witn  colonel  SidnejF, 
when  he  was  ^oin^  into  London,  and  he  did 
take  out  severu  gumeas,  I  can't  tell  how  much 
it  was,  I  suppose  they  might  be  about  sixty, 
and  put  them  mto  his  pocket  (and  set  me  down 
at  my  lodging)  which  he  said  were  to  give 
Aaron  Smith ;  whether  he  gave  it  or  no,  1  don*t 
know  •  and  aiter  that  he  was  sent 

Att.  Gen.  Who  told  you  so? 

Lord  Howard.  Colonel  Sidner,  For  I  was 
inquiring  of  him ;  and  he  said)  he  had  not 
heard  of  him  in  three  weeks,  or  but  once,  w|^ 
he  was  about  Newcastle.  AiWr  thia»  I  had 
occasions  that  called  me  into  the  country,  and 
there  I  was.  Some  time  aftter  that  I  went  to 
the  Bath :  And  this  is  all  the  account  I  can 
give. 

SoL  Gen.  Do  you  know  that  Aaron  Smidi 
did  go  ? 

L^rd  Howard.  I  know  nothing  but  by  hear- 
say. •  Colonel  ^dney  told  me  he  was  gone,  and 
was  upon  the  road,  and  he  heard  from  him 
alMut  Newcastle. 

X.  C.  J.  Did  you  understand  by  the  dis- 
course aAer  he  was  gone,  that  he  went  in  pur- 
suance of  that  aebateP 

Lord  Howard.  Yes,  my  lord,  That  was  the 
whole  end  of  his  going. 

Just.  Withins.  I  think  you  say,  that  gentle- 
man [speaking  to  col.  Sidney]  undertook  to 
send  him. 

Lord  Howard.  Yes,  be  did. 

L.  C.  J.    Will  you  ask  him  any  questions  f 

Col.  Sidn^.  1  nave  no  questions  to  ask  him. 

Att,  Gen.  Silence. — You  know  the  proverb. 
The  next  step  is  to  shew  you,  my  lord,  that 
these  persons  came  up  immediately  after  Aaron 
Smith  went  down  thither;  and  aecording  to 
that  which  was  said  to  be  the  shadow  and  pre- 
tence of  their  coming  hither,  they  pretended 
tliey  came  about^  Carolina  business.  Sir  An- 
drew Foster  and  Mr.  Blathwaite. 

Sir  Andrew  Foster  sworn. 

Att,  Gen,  Pray,  Sir,  give  an  account  what 
Scotch  gentlemen  came  up  lately. 

Sir  A.  Foster,  My  lord,  about  the  Cnd  of  tho 
spring,  or  beginning  of  summer,  as  I  remem- 
ber, these  gentlemen,  sir  John  Cockram,  and 
commissary  Monro,  and  the  two  Campbda, 
father  and  son,  came  up  hither.  I  did  not  see 
the  father  at  all,  but  1  saw  the  son  the  day  of 
the  lord  Russell's  trial ;   but  the  other  two,  I 


W33 


8TATETIlIAL$/35CHAEL£in.  iSBS^m- High  Theasmi. 


thmk,  I  Kwa  little  before  the  disooreiyof  the 
plot 

Att,Gen,  What  did  they  pretend  they  ceme 
about?  ^  ^ 

■  Sir  A.  Fo^er,  l%cy  iMpeteaded  they  came  to 
make  a  purchase  in  CaroliOa,  and  1  saw  their 
oommission from  the  persons  said  to  be  con* 
oemed  in  that  design. 

X.CJ.  Who  do  yon  speak  of  ? 

Sir  A,  Foster,  Sir  John  Cockram  and  com- 
nissaiy  Monro. 

Ait.  Gen.  Am  soon  as  the  rumour  came  of 
the  plot,  What  became  of  those  gentlemen  ? 

Sit  a.  Fotter.  Sir  John  Cockram  absconded, 
bvt  commissarv  Monro  never  absconded ;  and 
the  Camj^bels  I  heard  were  seized  changing 
their  lodging  from  place  to  place. 

Mr.  ^f^er^itry  sworn. 

Attl  Gen.  Mr.  Atterbnry,  will  you  give  my 
lord  and  the  inry  an  aodonnt  what  you  know 
of  these  Scotchmen,  thehr  absconding  and  lying 
hid. 

Atterhury.  My  lord,  upon  the  latter  end  of 
June,  or  the  bennning  of  July ;  ^e  beginning 
of  July  it  was,  I  was  s^it  for  into  London  upon 
«  discovery  of  some  Scotish  gentlemen  that  lay 
about  Black-Friers ;  and  when  I  came  down 
there,  there  was  the  Common  Serjeant  and 
some  others  had  been  helm  me,  and  found 
them  making  an  escape  into  a  boat. 

Att.  Gtn.  Who  were  they? 

Atterbury.  Sir  Hugh  Campbd,  and  sir  John 
Cockram,  and  one  that  was  conpnitted  to  the 
Galefiouse  by  the  council,  as  soon  as  brought 
thither. 

Att.  Gen.  We  shall  end  here,  my  lord:  How 
long  had  they  been  in  town? 

Atterhufy,  They  had  been  in  town  some 
little  time. 

Att."  Gen.  We  have  done  «with  this  piece 
of  our  evidence.  Now,  to  shew,  that  while  this 
emissary  was  in  Scotland,  at  the  same  time 
the  colonel  (which  will  be  anodier  overt  act  of 
the  treason)  was  writmr  a  trea^naUe  pamph- 
let 1  will  call  you  tne  witnesses.  It  is  all 
of  his  own  writings.    Sir  Philip  Lloyd. 

Att.  Gen.  Sir  Philip  Lloyd,  pray  will  you 
look  upon  those  papersjsnd  give  mv  lord  and 
the  jury  an  account  where  you  fbuna  them. 

Sur  F.  Lhyd.  I  had  a  warrant,  my  lord, 
from  the  secretary  by  the  king  and  coun- 
cil, to  seize  Mr.  AI]j;emon  Sidney's  papers ;  and 
pursuant  to  it,  I  did  go  to  his  house,  and  auch 
as  I  found  there  I  put  up.  I  found  a  great 
many  upon  the  table,  amongst  which  were 
these,  1  supjfose  it  is  where  he  usually  writes; 
I  put  them  m  a  pillow-bier  I  borrowed  in  the 
house,  and  that  in  a  trunk ;  1  desired  col.  Sid- 
ney would  put  his  seal  upon  them,  that  there 
ahouki  be  no  mistake ;  he  refused,  so  I  took 
my  seal,  and  sealed  up  the  trunk,  and  it  was 
carried  before  me  to  Mr.  Secretary  Jenkins's 
office.  When  the  committee  sat,  I  was  command- 
ed to  undo  the  trunk,  and  I  did  so,  aiid  found  my 
own  seal  upon  it.  And  Ivtook  the  papers  out 
«f  the  bag  1  put  them  into  before. 


[934 

L,^C.  J.  Was  colonel  Sidney  present  when 
you  seized  these  papers  ? 

Sir  P.  Lloyd.  Yes. 

Att.  Gen.  Are  these  some  of  those  papers  f 

Sir  P.  Lioyd.  Yes,  I  verily  believe  it. 

Att.  Gen.  In  the  next  place,  I  think  we  have 
some  papers  of  his  particular  affiurs  which  will 
proveiitB  hand.  Call  Mr.  Sheppard,  Mr.  Cooke 
and  Mr.  Cary. 

Mr.  North.  Sir  PttOip  Lbyd,  When  were 
they  seized  ? 

Sir  P.  Uoyd.  Towardsthelatterendof  June, 
my  lord. 
Juryman.  Which  June? 
iSk F.Lloyd,  LnstJune. 

Mr.  Sheppard  sworn. 

Ait.  Gen,  Pray,  will  you  look  upon  tho$e 
writings'.    [Shewmg  the  libel.]    Are  youac-. 
quainted  with  colonel  Sidney  ^snand  ? 

Sheppard.  Yes,mybrd. 

Ait.  Gen.  Is  that  his  hand- writing  ? 

Sheppard.  Yes,  Sir,  I  believe  so.  I  believe 
all  these  sheets  tobe  huB  hand. 

Att.  Gen.  How  come  you  to  be  acquainted 
with  his  hand? 

Sheppard.  I  have  seen  him  write  the  indorse- 
ment upon  several  bills  of  exchange. 

Mr.  Cory  sworn. 

Col.  Sidney.  My  lord,  I  desire .  yon  would 
please  to  consider  this,  that  similitudfe  of  hands 
can  be  no  evidence.  ' 

L.  C.  J.  Reserve  yoursdf  until  anon,  and 
make  all  the  advantageous  remarks  yon  can. 

Att.  Gen.  Have  you  had  any  dealing  with 
him? 

Cary.  I  never  saw  him  write  to  my  know- 
ledge, moretlian  once  in  my  life,  hut  1  have 
seen  his  indorsement  upon  bills,  and  it  is  very 
Uketbat. 

X.  C.  /.  Do  you  bdieve  it  is  his  hand,  as  far 
as  you  can  guess  ? 

Cary.  My  lord,  it  is  like  what  came  to  me 
for  his  hand-writing. 

X.  C.  J.  And  you  b^eve  it  to  be  bis  hand  f 

Cary.  Yes. 

Mr.  Cooke  sworn,  and  the  papers  shewn  him. 

X.  C.  J.  What  say  you,  Mn  Cooke? 

Cooke.  My  lord,  I  did  never  see  coloncA 
Sidney  write,  hut  I  have  seen  several  notes 
that  have  come  to  me  with  indorsement  of  his 
name,  and  we  have  paid  them,  and  it  is  Vke  to' 
this. 

X.  C.  J.  And  yon  were  never  called  to  ac- 
cowit  for  roispayment? 

Cooke.  No,  my  lord. 

Att.  Gen.  I  pray  it  may  be  read.  We  wtR 
read  as  much  as  id  necessary  to  prove  the  in- 
dictment. 

Col.  Sidney.  I  pray  it  may  be  all  read. 

X.  C.J.  ifr.  Attorney  must  have  what  part 
he  desires  read,  and  you  shall  have  what  part 
you  will  have  read  afterwards. 

Sidney.  I  desire  it  may  all  be  read. 

Att.  Gen.  Begin  there«  <*  Secondly,  There 


i^55]     STAT£  TRIAX4»  85CiiAKtB8  IL  l6t5^lHd  pf  Algenm  Ahey,     JJM 


^^j^o,' absurdity  io  tiiis,  becaiiie  it  was  their 
crwn'case." 

Clerk  reads. 

**  "Secondly,*  There  was  no  ahsurdify  in 
this,  tUoueh  it  was  their  own  case ;  bat  to  the 
contrary,  because  it  was  their  own  case,  that 
is,  concerning  themselves  only,  and  th^had 
no  superior.  They  only  were  the  cooipctent 
judges,  thejr  decided  their  controversies,  as 
every  man  in  his  own  family  doth,  such  as 
arise  between  him  and  his  children,  and  his 
servants.  This  power  hath  no  other  restric- 
tion than  what  is  put  upon  it. by  the  municipal 
law  of  the  country,  where  any  man,  and  that 
.  hath  no  other  force,  than  as  he  is  understood 
to  have  consented  unto  it.  Thus  in  England 
every  man  (in  a  decree)  hath  a  ris^ht  of  chas- 
tising tbem ;  and  in  many  places  (even  by  the 
law  of  God)  the  master  hath  a  power  of  life  and 
death  over  bis  servant:  it  were  a  most  absurd 
folly  to  say  that  a  man  might  not  put  away,  or 
in  some  places  kill  aa  adulterous  wife,  a  dis- 
obedient son,  or  an  unlawful  servant,  because 
be  is  pjarty  andiudee,  for  the  case  doth  admit 
of  no  other,  unless  ne  hath  abridged  his  ovrn 
right  by  entering  into  a  sooifity  vrhere  other 
rules  are  agreed  upon,  and  a  superior  judge 
constituted,  tliere  being  none  such  between 
king  and  people :  that  people  must  needs  be 
the  judge  of  things  happening  between  than 
and  him,  whom  Uiey  did  not  constitute,  thai 
they  might  be  great,  glorious,  and  rich ;  but 
that  they  might  judge  then,  and  fight  their 
battles  or  otherwise  do  fi^ood  unto  them,  as 
they  should  direct.  In  this  sense,  be  that  is 
*  singulis  miyor,'  and  ought  to  be  obliged  by 
every  man,  in  his  iust  and'lawliil  commands, 
tendmg  to  the  i»ubUc  good ;  and  must  be  suf- 
fered to  do  nothing  against  it,  nor  in  any  i«- 
q»ect  more  than  the  bw  doth  allow. 

<<  For  this  reason  Bracton  saidi,  that  the 
king  hath  three  superiors,  to  wit, '  ]>eum.  Le- 
gem, et  Parliament,*  that  is,  the  pNOwer,  origi- 
nally in  the  people  of  Eoj^and,  is  delegated 
unto  the  parhameot.  He  is  subpect  unto  the 
kw  of  God  as  he  is  a  man,  to  the  people  that 
makes  him  a  kuig,  inasmuch  as  he  is  a  king : 
the  law  sets  a  measure  unto  that  subjection, 
and  the  parliament  fudges  of  the  paiticolar 
•ases  ibereupoa  arismg :  he  must  be  content 
to  submit  his  interest  unto  theirs,  since  he  is 
no  more  than  any  one  of  them,  in  any  other 
respect,  than  that  he  is,  by  the  consent  of  all, 
raised  above  any  other. 

•<  Ifhedothnot  like thie eoodttion he  may 
renounce  the  crown ;  but  if  he  receive  it  upon 
that  condition,  (as  all  magistrates  do.  the  power 
Ibey  raeeive)  and  swear  to  perform  it,  he  mnst 


♦  This  passage  Ralph  hiseits  m  his ^, 

and  he  observefi,  that  «Mt  was  proper  to  do  so 
(as  well  as  a  vKious  copy  wilt  give  leave)  not 
only  for  the  better  understanding  Jlir.  Sidn^'s 
Case,  but  because  it  is  no  part  of  tbathoek  of 
his  upon  Government  which  has  been  since 
fvUmed.as  tome  have, inadvertently  taught." 


expect  that  the  parfemMate  wfll  he  eJMsM^ 
or  revenge  taken  by  those  that  he  hath  be* 
trayad. 

-  '  *<  If  this  be  not  so,  I  desire  to  know  of  «■!* 
author,  how  one  er  more  men  can  eome  te  be 
guilty  of  treason  against  the  Idag,  as  *•  Lex 
*  taat  ut  sit  Rea.V  No  man  can  ewe  more  oole 
him,  than  unto  any  other,  or  be  unto  evciy 
other  man  by  any  role  but  the  law :  and  if  hie 
must  not  be  judge  in  his  own  case,  neitber  be 
nor  any  other  power  received  from  him,  would 
ever  try  any  man  for  au  ofince  agaiiis^  hnn, 
or  the  law. 

'^  If  the  king,  or  such  as  he  appoints,  cannot 
jud^  him,  he  cannot  be  judged  br  the  ways 
ordinarily  kuown  amongst  us.  If  be,  or  otMr 
by  authority  from  him,  may  judge,  be  is  a 
judp;e  in  his  own  case,  and  we  falTunder  that 
which  he  accounts  the  utmost  of  all  absur- 
dities. If  a  remedy  he  found  fi>r  this,  he  must 
say  that  the  king  m  his  own  case  may  judn 
the  people,  but  the  people  nrast  net  jw^  the 
king,  because  it  is  their's ;  that  is  to  say,  tbie 
servant  entertained -by  the  master  may  judge 
him,  but  the  master  mnst  not  judge  toe  ear- 
van^  whom  he  took  only  for  bis  own  use.  Ibe 
magistrate  is  bonnd  by  no  oatb  or  ooutract  to 
thepeople  that  oeatea  him,  hot  ^  people  is 
bound  to  its  own  creature,  the  magistrate. 

'*  This  seems  to  he  the  grouiM  of  all  enr 
author's  follies;  be  cannot  oomprebend  that 
magistrates  are  for  or  by  the  people,  but  mabca 
diiirconclusion,  as  ifiiAmJwSe  eieaied  by 
or  for  the  glory  er  plcasige  of  mngish  nlw,  aau 
offoots  such  a  piece  of  nonsense;  it  ougbt  net 
to  be  thought  gtnnge^  if  he  represent  ae  aa 
absurd  tbi%,  that  the  beedkess  multitude  may 
shake  off  the  yoke  wbeu  they  ptease.  But  I 
would  know  Imw  the  multitude  comee  under 
the  yoke,  it  b  a  badge  <^  slavery.  He  says, 
that  the  power  o^  kii^ie  for  the  prMCiratou 
of  liberty  and  preperty.  We  may  tberafore 
ohai^  or  take  away  kiugs  without  hitairing 
any  yoke,  ortbat  made  a  y<^wbaifc  ought 
nottobeoae;  the  injury  is dierafoiu in  onkiMf 
or  ioiposing,  and  there  can  he  uene  in  breal? 
ingit 

"  Tliat  if  there  he  not  aa  ugniT,  tbeM  Btty 
perhaps  be  an  inconvelii^ioe;  if  die  beadieai 
multitude  may  shakeoff  the  yoke.*  I  kaov 
not  whv  the  multitode  shouM  be  eoncluded  ta, 
be  headless;  it  is  net  always  so.  Meseswas 
head  of  the  muHitnde  that  went  out  of  Egypt; 
(MbmA  led  tbem  against  the  king  of  Mesope- 
tamia,  undsi  the  coududt  of  PhoeMdas;  they 
obtained  a  vKtory  against  the  Moabites :  they 
had  the  like  sucoesa  under  ibamger,  -  Barak, 
CUdeon,  Jephthab,  Samuel,  Sampson,  and 
others  against  the  Canaamtes,  MidnuMtes,  Pbt- 
bslines,  and  ethert;  the  multitode  that  ofmoeed 
Sottland  Isbbosbeth  had  David  for  its  bead :  and 
the  tan  tribes  that  r^eoted  Rebobbam  ebosa 
unto  tbemeeives  Jeroboam;  the  AtfmwVtnf 
risiDg  against  the  thirty  tymntB  bad  llirtty- 

*  This  first  sentenoe  ofthis  psougnipb,  Raipb 
supposes  to  beu  ^notadoa  ftom  Fihttsr. 


beittii  tfaoM  thatdiwr* 
MMhmad  byP 
dnir0  «iit  tht 


■MM*** 


wftom  Tfatbtf 


8lf7}  SiVkTfi  IVUtSf  35  CHAttis  II.  l6S5^iir  fii^A  TWa^Mt  [S5» 

litf%  beca  opptmcd  lor  the  name  of  Cbmt: 
wh^reafithej  had  BUtiishty,  and,  I  think  1 
miiy  fiav,  wickedly  as  w^\  a»  iboiishly  suffered 
theaMel^ee  le  be  hvrtetierad,  if  they  had  left 
thoee  empty  prorineeft  ander  the  power  of 
Aalietirist,  where  the  name  of  God  iano  other- 
wise known  than  to  be  Uaaphemed. 

*^  If  the  king  of  Spain  desired  to  keep  his 
subjeols,  he  should  nare  go^eftied  them  with 
more  justice  and  mercy;  when  contrary  unto 
ail  laws,  both  human  and  divine,  he  seeks  to 
destroy  thoee  he  oug^t  to  have  preserFed,  fae 
can  blame  none  bat  himself,  if  they  deliver 
theniselfes  from  his  tyranny :  and  when  the 
matter  is  brought  to  that,  that  he  must  not 
reign,  or  they  over  whom  fae  would  reign, 
nrast  perish  ;  the  matter  is  easily  decided,  as 
if  the  question  had  been  asked  in  the  time  of 
Nero  or  Domitian,  Whether  they  should  be  left 
at  liberty  to  destroy  the  best  part  of  the  world, 
as  they  endeavoured  to  do,  or  it  should  be  res- 
cued by  their  destruction  P  And  as  for  the  peo* 
pie's  being  jodges  in  their  owo  case,  it  is  pbhi, 
they  ought  to  be  the  only  judges,  because  it  is 
their  own,  and  only  concerns  themselves." 


wlM  tfaeRo- 
ittioiy  th^y  chcMto 
Brotas  and  Poblicoh^  and  tUt  totrwyed  the 
Deoenviri  vttdcr  H«rttias  and  Valerios.  All 
the  OMiltitadci  that  9hmwwtt  remAuA  fnok 
ikem  noder  HMrittos,  Telerias,  Spartanas^ 
and  otben,  were  not  headless ;  and  we  know 
of  Bona  thai  were,  but  ail  etdier  fiMind  heada, 
or  made  them.  The  Gertmms  set  up  Armi- 
nius ;  the  Britons^  and  othAs  in  later  times ; 
tlie  Ctftiniaiis^  that  rose  against  Peter  the 
CnisI,  had  the  Lor!i  Detniela  Mara. 

**  Hm  PreoDh,  when  ^ey  grew  weary  of 
tka  oomptod  races  of  Pharum^  and  Pepin, 
airi  the  same  Pepm  and  Hugh  Cmt:  the 
8aoti»  when  they  tAew  James  3,  had  his  son 
ta  he  their  head ;  and  when  they  deposed  and 
iMrisoned  queen  Mary,  the  earl  w  Murray 
M  athers'sapplied  the  want  of  ajgfe  thai  was 
n  her  son :  and  in  all  the  revolutions  We  have 
hadtnVn^laiid,  the  people  have  beefi  headed 
InFthapamament,  or  the  nobility  andgentty 
tfiatcamtioaadit;  and  wtoi  the  kings  fkiled 
of  tWr  iaUk^  by  their  own  anthori^  oalled 
it.  The  mnhitMe  therefeve  is  not  ever  head- 
leaiy  bat  dolfa  eitiier  find  or  Create  heads  Unto 
itwif,  as  ooesaion  doth  require:  aaidwheAerit 
be  one  maft,  or  a  lew  or  more,  for  a  short  or  a 
longer  time,  we  see  nothing  mare  tegular  than 
ifti  molkMHk  But  tbey  may,  smth  our  author, 
ahakeaff  tibeyoim;  and  why  may  diey  not, 
ifilpiwreiiiieaayorhiinMmitothefflf  Why 
ahastfd  ttot  the  Isnefiles  shake  off  the  yoke  of 
Flmraeli,  iabin,  fiisera,  and  others  that  op- 
pfeasedthem? 

^  When  pride  had  chanffi^  HebaehadkieKcar 
into  abeaat,  what  should  persuade  the  Assy- 
risBi  net  lo  drive  hun  out  amongst  beasts, 
YMlil  Ciod  had  restored  unfa  him  tiie  heart  of  a 
OMMir  When  Tarquin  had  fnmed  the  rml 
manarohy  of  Rome  into  a  most  abomiiumle 
tyramy,  why  should  they  not  dbofish  it  ?  And 
when  the  Protestants  or  the  Low  Countries 
were  so  grievoosty  oppressed  by  the  power  of 
Spam,  mder  ihe  proud,  cruel,  and  savage  con- 
tact of  the  duke  of  Alva,  why  should  they  not 
nute  use  of  aD  the  means  that  God  had  put 
inlo^^heir  hands  for  their  deliverancaP  Let  any 
man,  who  sees  the  present  state  of  the  Pro- 
vinces that  then  united  themselves,  judge 
whether  it  is  better  for  them  to  be  as  they  are, 
or  in  ^e  ooudfition  unto  which  bb  ftiry  would 
have  reduced  them,  unless  they  had,  to  please 
him,  reaoaneed  God  and  their  reUgion:  our 
autliormay  say,  they  ought  to  have  suffered ': 
the  kbig  of  Spain  by  thefar  resistance  lost  thoee 
eomtnes;  and  tiiat  tbey  ought  not  to  have 
been  judges  in  their  own  case.  To  whidi  I 
aaawer,  that  hy  resistnig  they  laid  the  founda- 
tion ^  many  churches,  that  have  produced 
mahitmies  ormea,  emuMait  in  jjifta  ano  gmces ; 
and  astaUishad  a  most  gfonous  ano  happy 
commonwealth,  that  hath  been  since  its  imit 
beginning,  the  strongest  pilfair  of  the  Protes- 
tant cause  now  in  the  world,  and  a  place  or 
rtfogv  unto  thosa  who  in  dl  psrtv  of  Europe 


Att  Gen.  The  latter  end,  the  last  sheet  of 
all,  sect.  dS. 

•  L,  C.  J.  The  aigument  runs  through  the 
book,  fixing  thepower  in  the  people. 

*  CL  ofCr,  '^  The  general  revolt  of  a  nation 
from  its  own  magistrates,  can  never  be  called 
rebellion." 

Att.  Gen.  Sect.  37. 

CI.  cf  Cr.  "  The  power  of  calling  and  dis^ 
solving  parliament  is  not  in  the  king." 

Att.  Gen.  So  much  we  shall  miSce  use  of  ; 
if  the  colonel  please  to  have  any  other  part  read 
to  explain  it,  ne  may. 

Then  the  sheets  were  shewn  to  eol. 


Col.  Sidney.  I  do  not  know  what  to  make 
of  it,  I  can  read  it. 

L.  C,  J.  Ay,  no  doubt  of  it,  better  than  any 
man  here,  ra  on  any  part  you  have  a  mind 
to  have  read.. 

Sidney.  I  do  not  know  what  to  say  to  it,  to 
read  it  in  pieces  thus. 

L.C.  J.  I  perceive  you  have  disposed  them 
under  certain  heads :  to  what  beads  would  you 
have  read  ? 

Sidney-  My  Iqnl,  let  him  give  an  account  of 
it  that  did  it* 

*  **  Sidney,  having  taken  advantage  of  a 
circumstance,  that  only  partial  passa^  of  the 
writings  which  were  producea  agamst  him 
were  quoted,  and  even  betraying  some  warmth 
in  defence  of  the  writings  themselves ;  Jefireya 
hoped  to  draw  him  into  an  avowal,  that  he  was 
the  author :  with  this  view,  he  handed  the 
palters  to  Sidney,  and  desired  him  to  take  off 
the  force  of  the  passages  by  any  others  in  tho 
book.  Sidney  saw  the  snare,  but  pretend«Hi  not 
to  see  it :  he  turned  oVer  the  leaves  with  a 
seemingly  grave  attention,  and  then  retiiraing 
them  to  the  bench  said,  ^  Let  the  man  who 


S59]     STATE  TR1ALS,.35  Chables  1L  l683.---7Wil  ^  AlglenM  Skk^,     [86o 


Ait.  Gen.  My  lord,  we  wfll  not  delay  coL 
Sidney  from  entering  on  his  defence,  only  we 
have  this  piece  of  e?iUence.  to  give  further. 
One  of  his  accomplices  was  my  lord  Russell, 
we  will  give  in  evidence  his  conviction.  We 
will  only  ask  my  lord  Howard,  was  your  lord- 
ship sworn  as  a  witness  at  the  trial  of  my  lord 
Russell  f—liord  Howard,  Yes.* 

Att.  Gen.  TVhether  or  no,  when  you  met, 
were  there  in  those  debates  any  reflections 
upon  the  kin^,  that  he  had  broken  his  duty  ? 

Ijotd  Hcmard.  Not  that  I  remember. 

AtL  Gen.  Why  would  you  rise? 

Lord  Howard.  If  you  mean  upon  the  mis-, 
government,  not  personally  upon  the  king  P 

Att,  Gen.  Ay. 

Lord  6ou)ard.  Yes,  and  principally  and 
chiefly  that,  which  we  thought  was  the  general 
disgust  of  the  nation,  the  imposing  upon  the 
city  at  that  time.  ^ 

Just.  IVithent.  That  was  complained  of  at 
that  time. 

Lord  Howard.  Yes,  my  lord,  we  took  it  all 
along  to  be  the  chief  grievance. 

X.  C  J.  Have  you  «ny  more  witnesses  ? 

Att.  Gen.  Only  the  record. 

Sol.  Gen.  I  know  there  is  no  time  iflisspent 
to  make  things  clear.  If  the  jury  have  a  mind 
to  have  the  words  read  again 

L.  C.  J.  If  they  have  a  mind,  let  it 

Then  Mr.  Trinder  was  sworn,  and  testified 
it  to  be  a  true  copy  of  the  record,  and  said  he 
examined  it  at  Fishmonger's- Hall  with  Mr. 
Tanner. 

Then  the  Record  of  the  Conviction  of  lord 
Russell  was  read. 

X.  C.  /.  What  will  you  go  to  next,  Mr. 
Attorney  ? 

Sol.  Gen.  We  have  done,  «in]^  the  jury 
desire  to  ha^e  the  words  of  the  libel  read  again. 
[But  they  did  not] 

Sidney.  My  lord,  I  desire  to  know  upon 
what  statute  I  am  indicted. 

Att.  Gsn.  My  lord,  I  will  give  as  plain  an 
answer,  you  are  indicted  upon  the  old  statute 
of  25  Edw.  3. 

Sidney.  Then  I  desire  to  know  upon  what 
branch  of  that  statute  ? 

Att.  Gen.  Why,  I  will  acquaint  you,  it  is 
upon  the  first  branch  of  that  statute,  for  con- 
spiring and  compassing  the  death  of  the  king. 

Sidney.  Then  I  conceive,  what  does  not 
come  within  that,  does  not  touch  me. 

Att.  Gen.  Make  what  inferences  you  please, 
colonel,  we  will  answer  you. 

Sidney.  I  desire  to  know  what  the  witnesses 
have  s<vom  against  me  upon  that  point  P 

Att.  Gen.  Go  on,  you  have  heard  the  wit- 
nesses as  well  as  we. 

L.  C.  J.  He  says  you  are  indicted  upon 
the  statute  of  25  Edw.  3,  which  statute  makes 

wrote  thesepapers  reconcile  what  is  contained  in 
them."*'  Dalrymple.    [He  cannot  repeat  any 
thing  faithfully.]    The  remark  is  taken  from 
Ralph. 
*  See  p.  602,  of  this  volume. 


it  higlt-treMonto  oompiitt  the  deafli  of  tlM ' 
king )  and  tlie  overt-^ict  is  snffiofently  set 
form  in  the  indictment ;  now  the  queslMKi  is, 
whether  it  is  proved. 

Sidney.  They  have  proved  a  paper  ibmid  in 
my  study  of  Cahgida  and  Nero,  That  is 
compassing  the  death  of  the  king,  is  it? 

L.  C.  J.  That  I  shaU  then  tell  the  jury.  The 
point  in  law  you  are  to  take  from  die  Coart, 
gentlemev  '•  whether  there  be  fiu:t  sofficicot, 
that  is  your  duty  to  consider. 

Sidney.  I  sav,  my  k>rd,  that  since  I  am  in- 
dicted upon  that  statute,  I  am  not  to  take 
notice  ofany  o^er.  I  am  indicted  for  conspir* 
ing  the  death  of  the  king,  becansesuch  a  paper 
is  tbund  in  my  house  ;  under  favour,  I  think 
that  can  be  nothing  at  all  to  me.  For  thouffh 
sir  Philip  Lloyd  did  ask  me,  whether  I  woold 
put  my  seal  to  it,  he  did  not  ask  me  until  he 
bad  been  in  my  closet,  aad  I  knew  not  what 
he  had  put  in,  and  so  I  told  him  I  would  not 
do  it.  Then  came  these  sentlemen  upon  simi- 
litude of  hands.  My  lord,  we  know  woat  simi- 
litude of  hands  is  in  this  age.  One  told  me 
within  these  tivo  days,  that  one  came  to  him, 
and  ofiered  to  counterfeit  any  hand  he  shonM 
shew  him  in  half  an  hour.  So  then,  my  lord, 
I  have  nothin|r  to  say  to  diese  papers.  Then 
for  point  of  witness,  I  cannot  be  indicted,  mvch 
less  tried  or  condemned  on  36  Edw.  3,  for  by 
that  act  there  must  be  two  witnesses  to  thi^ 
Tery  branch  unto  which  the  treascm  doefl  relate, 
which  most  be  distii^ished.  For  the  levving 
of  war,  and  conspiring  the  death  of  the  bn^ 
are  two  distinct  tnin^  disthict  in  nature  aad 
reason,  and  so  distinguished  in  the  statute. 
And  therefore  the  conspiring  the  death  of  the 
king  is  treason,  and  the  other  not  lEdw.  6^ 
13.  5  Edw.  6,  11,  does  expressly  ny,  there 
must  be  two  witnesses  to  either  of  these  adi. 
Now  here  is  my  lord  Howard,  (I  have  enoogh 
to  say  of  him  by  and  by)  it  is  he  only  who 
speaKs  of  six  men,  whom  he  calls  a  select 
council,  and  ^et  selected  by  no  man  in  the 
world.  I  de8u«  to  know  who  selected  my  lord 
Howard  P  Who  selected  meP  If  they  were 
selected  by  nobody,  it  is  a  bull  to  say  they 
were  a  select  council :  if  they  were  not  seledeo, 
but  erected  themselves  into  a  cabal  then,  they 
have  either  confidence  in  .one  another,  or  find 
they  are  near  equally  able  to  assist  in  the  de- 
sign. Here  is  nothing  of  all  this, — ^theae  six 
men  were  strangers  to  one  another.  For  my 
own  part,  I  never  spake  with  the  duke  of  Mon- 
mouth above  three  times  in  my  life,  and  one 
time  was  when  my  lord  Howiud  brought  him 
to  my  house  and  cozened  us  both.  He  told  the 
duke  I  invited  him,  and  he  told  me  die  duke 
invited  himsdf,  and  neither  of  them  was  trae. 
Now  that  such  men  as  these  are,  not  hardly 
knowing  one  another,  should  presently  fall  into 
a  great  and  intimate  friends)up,  and  trust  and 
management  of  such  a  business  as  this  ia,  isa 
thing  utterly  inprobable,  unless  they  were  mad. 
Now  [  do  find  in  my  lord  Howard's  deposition 
against  my  lord  Russdl,  that  they  were  in 
prosecndon  of  my  lord  SbafUbury*8  design  |, 


S6l]  STATE  TIBIALS,  35  Charles  II.  l683.-/0r  H^h  Treason. 


[862 


and  yet  he  acteowtedm  the  dake of  Monmotitb 
gftid  he  was  mtd,  and  he  said  hiDMett'  so  too. 
Now  that  they  should  join  with  four  more  in 
the  proaecotion  of  the  demn  of  a  mad-mao, 
diev  must  be  mad  too.    Now  whether  my 
lord  Howard  woald  hare  you  think  he  was 
road,  beeanse  a  mad-roan  cannot  be  guilty  of 
treason,  1  cannot  tell.    My  lord  Howard  in  bis 
last  deposition  at  my  lord  RusselPs  trid,  fixes 
the  two  meetings,  one  about  the  middle  ofsJa- 
noary,  the  other  ten  days  aiWr  :  now  be  iixe9 
pne  to  be  the  latter  end  of  January,  the  other 
the  middle  of  FdNwy.    Then  he  makes  it 
to  be  the  prosecotioil  of  my  lord  Shaftesbury's 
design.    I  do  not  find  that  any  one  there  had 
any  thing  to  do  with  my  lord  Snaftesbury,  finr 
my  part  1  had  not.    1  had  not  seen  hu  face 
in  two  years.    Then,  roy  lord,  that  I  go  upon 
is,  whaterer  roy  lord  Howard  is,  he  is  hut  one 
witness.    The  law  of  God  and  the  law  of  man, 
understood  and  taken  by  ail  men,  does  require 
two  witnesses ;  Moses  says  so,  so  the  apostles 
the  same  after  him,  and  Christ  says  the  same, 
that  erery  matter  is  to  be  established  by  two 
witnesses.    There  oag|it  to  be  two  witnesses 
to  the  same  thii^.    mw  for  one  to  come  and 
tell  a  tale  of  a  tub,  of  -an  imaginary  council, 
bpd  another  of  a  libel,  a  paper  written  no  body 
knows  when,  is  such  athiu^-you  can  never  go 
Qtrer  it.    But  if  the  law  of  God  be,  that  there 
ninsi  be  two  witnesses  to  the  same  fact,  there 
is  an  end  of  this  matter.  And  under  the  judicial 
law^  the  penalty  would  be  in  this  case,  to  put 
a  man  to  death.    Now  here  there  are  bat  two 
things,  which  if  allowed  of,  nobody  will  be 
safe  for  pegury.    The  one  is  to  suffer  men 
to  give  tneir  te'stimonv,  one  to  one  thing,  and 
another  to  another,  that  the  fraud  cannot  be 
discovered ;  and  the  other  is  to  take  away  the 
punisl^ment.     Now  the  punishment  is  taken 
away  m  some  measure :  and  do  but  take  away 
the  other  point,  wherd»y  the  fraud  cannot  lie 
discovered  ;  and  then  there  is  no  defence  can 
be  made.    That  both  witnesses  should  be  to 
the  same  point ;  see  the  story  of  fikuanna. 
Two  elders  testified  they  saw  her  in  the  act  of 
adultery  :  they  ,were  carrying  of  her  to  death ; 
both  of  them  said  the  same  thing ;  until  they 
were  taken  asunder  and  examined,  the  fraud 
was  not  ^yuMM>vered ;  and  then  one  said,  she 
was  under  a  tree  of  the  right  hand,  and  the 
other,  under  the  tree  on  the  left ;  and  she  es- 
caped and  they  were  punished.    But  now  if 
you  apply  it  to  several  facts,  my  lord  Howard 
may  say  what  he  pleases,  and  if,  another  shall 
eoroe  with  a  suppleaental  proof,  no  justice 
ean  be  had.    But,  my  lord,  I  desire  this,  if 
ihere  be  two  witnesses  to  prove  the  conspiracy, 
and  in  that^  there  were  those  matters  done  thnt 
are  treason,  I  must  answer  to  it ;  but  if  there 
be  not,  I  presome  I  need  say  nothing  to  it.    If 
you  do  not  allow  it  me,  I  desire  counsel  to 
amieit. 

X.  C.  J.  That  is  a  point  of  fact,  whetlier 
there  be  two  witnesses.  I  tell  you  before- 
hand,  one  witness  is  not  sufficient. 

Sidney.  WhvthenthenisroylordHowardy 
and  never  another. 


L.  C.  J.  Nay,  do  not  make  those  inferences ; 
I  will  tell  the  wry,  if  there  be  not  two  wit- 
nesses, as  the  law  requires  in  this  case,  they 
ought  to  acquit  you. 

Sidney,  You  confbundi  me,  I  cannot  stir. 
You  talk  of  a  conspmu^  ;  what  is  a  conspi- 
racy t>  kill  the  king  ?  Is  there  any  more  wit- 
nesses than  one  for  levy  iifg  of  vrar  ? 

i.  C  J.  Pray  do  not  deceive  yourself;  you 
must  not  think  the  Court  and  yon  intend  to 
enter  into  a  dialogne.    Answer  to  the  fact;  if 
there  be  not  sufficient  fact,  the  jury  will  acquit  > 
you.    Make  what  answer  you  can  to  it. 
"  Sidney.  Then  1  say  there  being  but  one 
witness,  I  am  not  to  answer  to  it  at  all. 

X.  C.  /.  If  you  rely  upon  that,  we  will  di« 
reict  the  Jnry  presently. 

Sidney,  Then  tor  levying  war,  what  does 
any  one  say?  My  lord  Howard,  let  •him,*  if  he 
please,  reconcile  what  he  has  said  now,  with 
what  he  said  at  roy  lord  Russell's  trial.  There  , 
he  said,  he  said  all  he  could ;  and  now  he  haa 
g[ot  I  do  not  know  how  many  things  that  were 
never  spoken  of  there.  I  appeal  to  the  court, 
whether  he  did  then  speak  one  word  of  tliat, 
that  he  now  says  of  Mr.  Hambden.  He  sets 
forth  his  evidence  very  rhetorically,  bat  it  does 
not  become  a  witness,  for  he  is  only  to  tell  what 
is  done  and  said,  but  he  does  not  tell  what  was 
done  and  said.  He  says,  they  took  upon  them 
to  consider,  but  does  not  say  what  one  man 
jttid,  or  what  one  man  resolved,  much  less 
what  1  did.  My  lord,  if  these  thincfs  are  not 
to  be  distinguished,  but  shall  be  jumbled  all  up 
together,  1  confess  I  do  not  know  what  to  say. 
L.  C.  J.  Take  what  liberty  you  pleoise.  If 
you  will  make  no  defence,  then  we  will  direct 
the  jury  presently.  We  will  direct  them  in  the 
law,  and  recollect  matter  of  fact  as  well  as  we 
can. 

Sidney.  Why  then,  my  lord,  I  desire  the  law 
may  be  reserved  to  me,  I  desire  I  may  h^ve 
connsel  to  that  point  of  there  being  but  one 
witness. 

L.  C.  J.    That  is  a  point  of  fact.     If  you  can 

give  any  testimony  to  disparage  the  witness, 
oit. 

Sidney,    I  have  a  great  deal  to  thaL 

L.  C.  J.    Go  on  to  it  then. 

Sidney.  Then,  my  lord,-  was  there  a  war 
levied  ?^Or  was  it  prevented  ?  Why  then,  if  it 
be  prevented,  it  is  not  levied ;  if  it  be  not  levied, 
it  is  not  within  the  statute ;  so  this  is  nothing 
tome. 

L.  C.  J.  The  court  will  have  patience  to 
hear  you ;  but  at  the  same  time  I  thuk  it  is  my 
duty  to  advertise  you  ,thatthis  is  bntmisspend- 
ing  of  your  time.  If  you  can  answer  the  fact, 
or  if  you  have  any  mind  to  put  any  disparage- 
ment upon  the  witnesses,  that  they  are  not 
persons  to  be  believed,  do  it,  but  do  not  ask  us 
questions  this  way  or  the  other. 

Sidney.  1  have  this  to  say  conoeminsr  my 
lord  Howard :  he  hath  accused  himself  of  divers 
treasons,  and  I  d6  not  hear  that  he  has  bis 
pardon  of  any :  He  is  under  the  terror  of  those 
treasons,  and  the  pwushment  for  them:  he 


h63]     STATE  TRIAUi  35Chaki.b$U.  vS&^^VM^AIgtrn^SUaijf,     {664 


bath  sbewB bimtelf to  be uodfTtlMit terror:  be 
bath  aeid,  that  he  oonlil  net  M  bis  person,  until 
be  had  doQe  some  other  joGs,  'till  he  was  {Mst 
this  drudgery  of  sweaiinff :  that  'vh  my  h>rd» 
that  he  having  ineurred  ttie  penalty  of  high- 
treason,  he  woald  get  his  own  in wnnity  by 
destroying  others.  This  by  the  law  of  Godaim 
man,  f  thinly  destroys  a  man's  testpuMiny. 
Besides,  my  lord,  be  is  my  debtor,  be  owes  me 
a  considmue  sum  of  money  I  lent  him  in  time 
ofhis  great  necessity;  be  made  some  coreaants 
with  me  lor  the  payment  of  tbal  money,  which 
he  hath  broken ;  and  when  his  mortgage  was 
fortirited,  and  I  should  talce  the  advantage  the 
law  givea  me,  he  finds  out  a  way  to  have  me 
laid  up  in  the  Tower:  he  is  a  very  subtle 
man :  at  my  lord  Russdl's  trial,  be  carried  bis 
knite,  he  saidi  between  the  paring  and  the 
apple ;  and  so  this  is  a  point  of  groat  nicety  9pA 
cunning,  at  one  time  to  get  his  own  pardon,  and 
at  the  sa(ne  time  to  save  bis  money.  Another 
thing,  my  lord,  is,  when  I  was  pnooner,  he 
oomes  to  my  house,  and  speaks  with  my  aer- 
Tanl,  and  says,  how  sorry  he  was  that  I  nionki 
be  brought  m  danger  upon  this  aecoont  of  the 
plot,  and  there  he  did  m  the  preaenoe  of  God, 
with  bands  and  eyes  lifted  up  to  heaven,  swear 
be  did  nol-believe  any  plot,  and  Aat  it  waa  .but 
lisbam ;  and  that  he  waa  oonfidnnt  if  I  bad 
known  any  thing,  I  would  baye  told  it  him. 
He  hath  said  somewhat  of  ^s  before,  I  have 
aeveral  witnesses  to  prove  both.  He  was  de<<; 
aireus  to  go  fbrther,  and  he  would  notenly  pay 
my  debt  oy  his  testimony  against  me,  Irat  lie 
woukl  have  ^  my  pbite  and  other  goods  in  ay 
hands  into  his  baada,  and  he  desired  my  men, 
as  a  plaee  of  trust,  to  put  them  into  his  bands. 
And  the  next  news  was,  that  there  waa  a  warrant 
agakist  my  lord  RusseU  and  me.  Bat  then,  my 
lord,  he  made  other  affirmations  in  thesamepre* 
aenoe  of  God,  that  I  waainnoooitin  his  mhiion, 


that  some  papers  hoe,  which  ae^  laid  la  be 
found  in  ny  atody,  havereUtwa  to  thia  ptsi* 
aa  they  call  it ;  I  know  of  mm^  nar  .am  m 
none.  Now^  my  lardt  I  am  not  to  tfive  an  a^* 
ooiint  of  thaae  papers^  I  do  not  think  tluryara 
before  yoo,  for  ttefe  ia  nothing  b«t  the  spnyi- 
tude  of  hmids  o&red  foe  proot  There  ia  the 
like  ease  of  my  Lady  Carr*aoniefewyearaag» : 
she  waa  indited  of  peijury,  and  aa  evamoa 
against  her,  aaOM  letters  of  hers  were  iireduoadf 
that  were  osntrary  to  what  sheawora  in  Chan- 
cery, and  her  hancl  was  proved;  that  is  toaaff 
it  waa  like  it:  butmylon^ckiefjuBtioaKjeilii^ 
direote  the  jary,  that  though  in  civil  causes  it 
is  a  proof,  yet  it  is  the  smalleft  and  least  af 

prooti;  but  mcriminalcasesil  was  none  aiaJL* 

"    '     ■  '    ii»».>  ', ' '   ■■     ■»»■■  »■■«■   ■   ■■■  ■    ■» 

*  This  ewe  «f  Lady  Carr  iareported,  3  Keb. 
516,  1  Sideif.  418 ;  but  the  pout,  for  wfai<^ 
Sidney  here  refrned  toit,  conoenuna^  evidenDS 
of  hand- willing,  ia  wholly  ooiittod  inlUble,  and 
butveryindiatmetlynatioadinSiderfoii.  In  the 
act  for  revaninff  &e  attainder  of  Sidney  (aas 
it  at  the  end  ef  the  Caae)  it  ia  mcitod  that  ths 
<  paper  found  in  theeloset  of  the  said  A.  "8.  sap- 
poaed  to  be  his  hand*wiiting,  waa  npt  pnyvadly 
the  testiuHmy  of  any  one  witneas  to  be  writtn 
by  him ;  bat  the  jury  vras  directed  to  heUeva 
it  by  ooBQparinff  jot  with  other' writinga  €i  the 
aaid  A.  fiL'  hot  Sum  recital  does  not  wnee  wilfa 
this  report  of  Sidney's  trial.  Accordm|||^  to  this 
v^ort  Gary  and  Coake  awore  to  thear  halisf 
that  die  paper  was  of  the  piiaoner'a  hand- 
writini^,  mm  ita  sesenriilanoe  to  indorse* 
aaento  on  biU«  which  they  had  reaaon  to  believe 
were  wntteii  by  him :  butSheppud  went  farthc* 
and  swore  that  he  waaaofaainted  with  the  pii- 
soner's  hand,'  and  that  he  derived  Ihia  acqoain- 
tance  from  seeing  him  write  mdraMneDai  en 
aeveral  bilk  of  exchange.    At  diia  day,  aoch  a 


diatination  as  to  thb,  is  nnsatisfoctorilT  token, 
between  civil  and  cnminal  casea)  Haa^.  P. 


,    oompariaon  of  writinga  as  is  reeitod  in  the  aot 

and  bewaa  confident  of  it }  for  if  he  had  known  I  for  reveraal  of  Sida^a  afttoinder  wotdd  not  he 
any  thing  of  it,iie  would  have  told  it.  Now  I  [  allawed  as >piiaaf  in  any  caae  civil  or  erinaiBal. 
know,  in  my  lord  Russdl's  case,  there  waa  Dr.  I  See  Gib.  litw  af  Evidanbe  (wiaere,  however,  a 

Buriietsaid8omethinglilceit.Andwh0iihacaDie  '  ^'~^~~^* ^^'  ^ "   -    ••    -  « 

to  answer  it,  he  said  he  was  to  foce  it  out,  and  make 
the  best  of  it  he  could.  Now  he  did  face  it 
out  bravely  agaioat  God,  but  he  was  very  timo- 
rous of  man.  So  that  my  lord,  he  does  say  at 
the  same  time,  at  my.  lord  Russell's  trial,  upon 
his  oathy  that  he  dii  believe  that  the  religiooa 
obli^tion  of  an  oath,  did  not  consist  in  the  for- 
mdttyof  applympit  to  the  place,  &c.  but  in 
calling  God  to  witness.  So  that  when  he  did 
call  €M  to  witness  before  Dr.  Bnmet  and  my 
aorvant,  and  othera,  and  this  is  not  canaiateut 
with  the  oath  he  baa  taken  here,  aa  the  gentle- 
man  smd  at  my  kird  Rusa^l's  trial,  unleas  he 
has  one  soid  in  court,  and  had  another  at  my 
house,  theae  thin^pB  are  inoonsisteDt,  and  can- 
not be  true ;  and  if  be  swear  both  under  the  re- 
lijrion  of  an  oath,  he  swears  himaelf  adjured. 
Then,  my  bwd,  be  talks  of  Aaran  Smith,  what 
have  I  to  do  with  Aanm  Smith?  heaays,  Isent 
him ;  my  lord,  there  is  nobody  elae  aped^s  a 
word  of  it.  Then  by  a  strange  kind  of  con- 
atruction  and  imaginatian^  tC^wiU  have  it, 


Book  d,  c.  46,  s.  59,  et  bm.  iWe's  Law  of 
Evidence,  Ch.  a,  s.  4.  The  fottowin^  note  af 
mine  is,  I  aapehend,  of  the  case  reported  by 
nr.  Peake<NiBi  Piius  90)  by(lheaMneof  Sino- 
ftrson  9.  Thoytes. 

Quitdhalif  SUtw^s  ^er  Michs.  Dec.  11, 1790. 

^  Madarlaad  v.  Thoyta.  Action  againat  ac- 
ceptor of  a  Bill  of  Exchange  drawn  by  Puty  in 
fovour  of  bisewn  order.  Of  course  the  draweHa 
hand  at  the  foot  ofAe  draft  waa  held  conftti 
by  the  acceptance,  but  hia  indorsement  ooidd 
not  be  proved.  Bearcroft  (who  afterwarda  an- 
.serled  that  ia  foct  there  was  no  saoh  peraoa  aa 
Parry,  but  that  Tho^  was  the  on^  pnrty) 
wantedtfae  hands  wnting  of  the  sigAahire  at 
the  foot  and  of  the  indorsement  to  be  cooiMrad* 
Sedner  Kei^on.  That  cannot  be  done.  Do  not 
you  know  ike  old  case  of  AL  Sydney  P  I  rw- 
raember  Sir  Jooe^  Yates  once  very  wefi  muA^ 
that  an  avidaBca  ought  to  be  adapted  to  tbeoa 
S 


%6S]  STATE  TRTALS,  95  (Charies  IL  l5SS.^Mf*  High  Treamm. 


[m 


9»  diH  mt  llNI  Howtrd's  t«8tino«ry  n  single ; 
wdA  what  lie  taOts  of  those  two  besiBeMeB  that 
be  ealb  e  consolt,  aAd  Aflron  Smitb,  is  destroyed 
fty  wanCof  proof.  Wbsfteiwld  iix  mendoP 
Can  myloitl  Howard  rai^se  five  men  by  bia 
credit  P  by  bis  pnrse  f  Let  him  say  as  much 
for  me,  with  all  my  heart ;  for  my  part,  I  do 
not  know  where  to' raise  five  men.  That  snch 
men  as  we  are,  that  -have  no  fotkywers,  should 
imdertake  so  vast  a  design  is  very  unlikely :  and 
tills  great  design  that  was  carried  on  thus,  it  had 
Djeilher  officers  nor  soldiers,  no  place,  no  time,  no 
money  fi>r  it.  Thatwhichhesaid  l^sttime,  which 
hd  forgot  now,  he  talked  of  95,  or  30,000/.  hot 
no  man  knew  where  it  was  to  be  had,  but  last 
time  be  'said,  it  was  spoken  in  jest.  Now  this 
is  a  pretty  cabal,  that  six  men  should'  meet 
about  a  business,  and  they  neelect  every  one 
of  the  points  relating  to  the  thin^  they  met 
about,  make  no  step  luout  the  business,  and  if 
any  one  did  speak  of  it,  it  was  but  in  jest.  This 
is  a  very  deep  maintaining  of  the  Plot.  Then, 
my  ford,  as  to  these  papers,  I  do  not  think  I 
am  to  give  any  account  of  them,  I  would  say 
noting  to  the  disparagement  of  sir  Philip 
liloyd,  I  never  saw  htm  till  he  came  to  my 
house,  but  yet  I  say,  he  is  the  king's  officer, 
and  when  I  am  prosecuted  at  the  king's  suit,  I 
think  he  ought  to  be  no  witness.  The  govern- 
mentof  France  is  violent  and  absolute,  out  yet 
a  few  years  ago,  a  minister  of  state  bad  his 
papers,  taken  from  him,  and  abundance  of  them 
had  dangerous  plots  against  the  kin^  in  them ; 
kit  because  thiey  were  inventoried  m  his  offi- 
cers presence,  or  those  deputed  by  him,  there 
was  no  use  could  be  made  of  tbem,  it  was  an 
irreparable  fault  in  the  process,  and  that  saved 
him.  The  similitude  of  hands  is  nothing:  We 

Sow  t^t  bands  will  be  counterfeited,  so  that 
man  shall  know  his  own  hand.  A  gentle- 
man that  is  now  dead,  told  me,  that  my  lord 
Arlington  about  five  years  ago,  desired  him  to 
write  a  letter,  and  seal  it  as  well  as  he  could ; 
fce  writ  it  with  care,  and  sealed  it  with  a  wafer 
and  wax  upon  it,,  and  within  a  few  days,  my 
lord  Ariington  brought  him  five  letters,  and  he 

who  are  to  try.  Proof  bv  comparison  of  hands 
would  be  no  proof  at  all  to  a  juqrman  who 
could  not  read.  Non-suit  the  plaintiffl  Other 
Indorsements  on  the  back  of  the  Bill  had  been 
proved." 

Note  "  When  the  Trial  of  Sidney  was  printed, 
leflRprtes  ordered  what  he  thought  proper  to  be 
struck  out ;  particularly  what  col.  Sycfney  had 
ttbfected  Of  the  jury  not  being  freeholders." 
Coffins*s  Peerage,  vol.  S,  Pt.  1,  p.  104,  ed.  of 
17S5,  art,  Sydney,  earl  of  Leicester. 

Tlie  printed  Irial  indeed,  **  does  not  seem 
to  be  given  with  the  candour  and  impartiality 
which  are  essential  to  a  record.  It  was,  how- 
ever, but  natural  that  the  prejudices  of  the 
<eourt  should  be  propagated  by  the  press  :  and 
we  are  to  wonder  that  any  justice  was  done  to 
ihe  prisoner's  plea  in  the  rejport ;  when  so  little 
was  done  to  the  same  plea  m  th«  trial  and  sen- 
»    Ralph, 

VOL.  IX» 


didnot  know  #hich  was  his  o#n.  The  attor- 
ney shews  these  papeta  to  me,  I  do  not  know 
whether  they  are  my  own  or  no ;  but  these 
very  ^pers,  sneh  as  they  are,  do  abhor,  as 
much  as  anyone  can,  such  a  design.  lA>ok 
upon  them,  you  see  they  are  all  old  ink.  These 
papeiB  majr  be  writ,  perhaps,  these  twenty 
^ years,  the  ibk  is  so  old.  But,  my  lord,  it  is  a 
polemical  discourse,  it  seems  to  be  an  answer 
to  Filmar,  which  is  not  calculated  for  any  par- 
ticular government  in  the  world :  It  goes  only 
upon  these  general  prin<;iples,  that  accordmg 
to  the  lAuversal  law  of  God  and  nature,  there 
is  but  one  gfovemment  in  the  world,  and  that  is 
intire  and  absolute ;  and  that  the  )(ing  can  be 
bound  by  no  law,  by  no  oath  ;  but  be  may 
make  all  laws,  and  aM»iish  them  as  he  pleases: 
And  this  whether  of  age  or  no,  a  man,  or  a< 
child  of  sense,  or  out  of  his  sense.  Now,  my 
lord,  what  if  any  man  in  his  cabinet  shouM 
have  written  this  book?  Then  be  has  another 
principle,  he  says,  it  is  the  same  thing  whe- 
ther a  king  come  in  by  ejection,  by  donatioiV^ 
by  inheritance,  or  usurpation,  or  any  other 
way ;  than  which,  I  thinic,  never  was  a  thing 
more  desperately  said.  ^  Cromwell,  when  one 
White,  a  priest,  wrote  a  book,  wherein  he  un- 
dertook to  prove,  that  possession  was  the  only 
right  to  power,  though  he  was  a  t}Tant,  and  a 
violent  one,  (you  need  not  i^onder  I  call  him 
tyrant,  I  did  so  every  day  m  his  life,  aiid  acted 
against  him  too)  it  would  be  so  odious  a  princi- 
pie,  he  would  not  endure  it,  and  he  used  him 
very  slightly  for  it.  Now  diis  Filmar;  that  no 
man  must  write  against,  is  the  man  Uiat  does 
assert  it,  that  it  is  no  matter  how  they  come  by 
their  power,  and  giy^  the  same  power  to  the 
worst  usurpers,  as  they  that  most  rightly  come 
to  the  crown.  By  the  same  argument,  if  the 
arrantest  rascal  of  Israel  had  killed  Moses; 
David,  &c.  and  seized  upon  the  power,  he  had 
been  possessed  of  that  power,  and  been  father 
of  the  people.  If  this  be  doctrine,  my  lord, 
that  is  just  and  good,  then  I  confess  it  may  be 
dangerous  for  any  thing  to  be  found  in  a  man's 
house  contrary  to  it ;  out  if  a  commoner  of 
England  write  his  present  thoughts,  and  ano- 
ther man  looldng  on  hitf  book  writes  his  present 
thoughts  of  it;  what  great  hurt  is  there  in  it  P 
Audi  ask  Mr.  Attorney  how  many  years  ago 
that  v^as  written. 

X.  C.  J.  I  don't  know  what  the  book  was  in 
ans'ver  to.  We  are  not  to  speak  of  any  book 
that  sir  Robert  Filmar  wrote,  but  you  are  to 
make  your  defence,  touching  a  booh  that  was 
found  m  your  study,  and  spend  not  your  time, 
and  the  court's  time,  in  that  which  serves  to  no 
other  purpose,  than  to  gratify  a  luxuriant  way 
of  talkmg  that  you  have.  We  have  nothing 
to  do  with  his  book,  you  had  as  good  tell  me 
again,  that  there  was  a  pared  of  people  ram- 
bling about,  pretending  to  my  ford  uussell*a 
ghost,  and  so  we  may  answer  all  the  comedies 
in  England.  Answer  to  the  matter  you  am 
indicted  for.  '  Do  you  own  that  paper? 

Sidney.  No,  my  lord. 

X.  C.  J»  Go  on  then,  it  does  not  become  at 
3K 


•€71 


35  CHASLB9 IL  l68Sd— THtf^  Jlgamaii  SUhef,      [S6$ 


to  be  impBlieDt  to  hetr  ytiit  bat  we  imffikt  to 
adTertise  you,  that  you  ipend  not  your  tune  to 
no  purpeK)  and  do  yooraetf'an  mynry. 

Sidney,  I  say  first,  it  is  not  pn^ed  upon 
me ;  and  secondly,  it  is  not  a  crime  if  it  be 
proved.* 

X.  C.  J.  You  beofan  Tery  materiaUy  in  one 
thins^ ;  it  is  material  for  you  to  SAplv  yourself 
to  take  off  the  credibiiity  of  my  lord  Howard, 
that  ir a  witness;  call  youf  witnesses  to. that 
purpose,  or  if  ypu  have  any  other  point  to  take 
away  the  credibility  of  any  other  witness. 

Sidney,  My  lont,  I  have  seven  or  ^ght  points 
oflaw^ 

X.  C.  J.  I  bear  not  one  yet. 

Sidney,  Why,  myjord,  conspiring  to  levy 
war  is  not  treason,,  and  £  desire  to  have  coun- 
sel upon  that. 

X.  C.  J.   It  is  not  a  question.    Yon  had  as 

good  ask  me,<  whetlier  the  first  chapter  in  Lit- 
etonbelaw. 

Sidney.  My  lord,  I  have  ndther  made  war, 
1^  conspired  to  levy  war. 
^  X.  C.  J.  You  are  still  in  a  mistoke,  you  shall 
not  think  that  we  intend  to  dialogue  with  you, 
to  let  you  know  how  far  the  proof  hath  been 
tfiven  or  not  given,  but  when  we  come  to  direct 
tne  jury,  then  we  shall  observe  how  far  the 
law  requires  there  should  be  two  witnesses. 
But  whether  <here  be  such  a  proof,,  that  must 
Ibelef^to  thejury. 

Just.  Withins.  If  you  ame  the  conspi- 
jracy,  I  will  tell  you  my  mina  of  it ;  1  cannot 
give  you  my  opinion  in  law,  till  the  ftct  be 
rotated. 

X.  C.  /.  The  law  always  arises  upon  a  point 
of  fact ;  there  can  be  no  doubt  in  point  of  law, 
till  there  be  a  settlement  in  point  offset* 

Just.  Holiaway,  My  lord  has  put  you  in 
a  right  way :  The  conspiracy  is  proved'but  by 
one  witaess,  if  you  have  any  thing  to  take  off 
his  credibiliur,  it  is  to  the  purpose. 

Sidney,  TnAy^  my  lord,  I  do  as  little  intend 


•  ii 


Nothing,''  observes  Ralph,  "  was  ever 
^aid  more  peitinently  than  this;  and  every 
man  of  common  sense  must  perceive,  that  if  he 
had  kept  to  these  two  propositions,  he  must 
have  had  the  best  of  the  a^fument :  But  the 
abrewd  chief- iustice,  who  saw  the  opening, 
»nd  dreaded  the  consequence,  with  as  mudi 
wickedness  as  artifice,  put  him  immediately  on 
another  scent,  namely,  to  take  off  the  edibi- 
lity of  lord  Howard's  evidence ;  and  thereby 
bewildered  him,  under  the  pretence  of  shewing 
him  a  nearer  way. — The  colonel,  with  all  his 
cncumspectien,  was  now  over '-reached  t^  It 
£attered  his  passions  to  ^pose  lord  Howard, 
and  it  also  seemed  favourable  to  his  cause: 
And  though  he  did  not  immediatery  forego  tiiat 
part  of  his  defence  which  de|iended  on  i*eason 
and  argument,,  he  was  at  last  wrangled  out  of 
bis  meUiod ;  and,  by  being  in  a  manner  com- 
pelliHi  to  call  his  witnesses  prenuiturely,  lost* 
the  great  benefit  of  the  many  plain,.strong,  and 
dear  inferences,  that  naturally  and  necessarily 
fluu^ave  arisen  fitwa  it." 


to  mis-apend  my  own  spirity  and  y  omr  time,  «a 
ever  anv  man  that  came  before  you.  Now, 
my  lord,  if  yov  will  make  a  eoncatenatioD  oC 
one  thing,  a  rappoaition  upon-  supposition,  f 
would  take  all  this  asunde^  and  shew,  if  non* 
of  these  things  are  any  thing  in  themsdves, 
they  can  be  nothing  jdnod  together. 

JL  C,  f.  Take  your  own  method,  Mr^  Sid- 
ney ;  but  I  sayr  if  you  are  aman  of  low  spirita 
and  weak  body,  it  is  a  duty  incumbent  upon  dia 
court,  to  exhort  you  not  to  spend  your  tima 
upon  thingH  that  are  not  material. 

Sidney.  My  tord,  I  think  it  is  very  material, 
that  a  whimsical  imagination  of  a  conspiraey 
-should  not  pass  fiir  a  teal  conspiracy  of  tM 
death  of  the  king  ;  besideB,  if^  these  papers 
were  found  in  my  house,  it  is  a  crime  crated 
since  m  v  imprisonment,  and  that  cannot  come 
in,  for  tney  were  found  since.  My  lord,  if 
these  papers  are  right,  it  mentioned  300  and 
odd  sheets,  and  these  shew  ndther  b^pfinniag 
nor  ending ;  and  will  yoo,  my  lord,  mdict  a 
man  for  treason  for  scrapanf  paper  found  in  his 
house,  relating  to  an  andent  paper,  intending 
as  innocently  as  any  thing  in  the  world,  and 
piece  and  pateh  tbis^to  my  lord  ^Howard's  dis- 
course, to  make  this  a  contrivance  to  kill  the 
king  P  Then,  my  lord,  I  think  it  is  a  right  of 
mankind ;  and  it  is  exercised  by  all  studioaa 
men,  that  they  write  in  their  own  doeets  what 
they  please  for  their  own  memory,  and  no 
mancanbeaqswerableforit,  unless  they  pub- 
lish it. 

X.  C.  /.  Pray  do  not  go  away  with  that 
right  of  mankind,  that  it  is  lawful  for  me  to 
write  what  I  will  in  my  own  closet,  unless  I 
publish  it ;  I  have  been  told,  Curse  not  the 
King,  not  in  thy  thoughts,  not  in  thy  bed- 
chimiber,  the  birds  of  the  air  will  carry  it 
I  took  it  to  be  the  duty  of  mankind,  to  obsen  e 
that. 

Sidney.  I  have  lived  under  the  Inquisi- 
tion  

X.  C.  /.  God  be  thanked  we  are  governed 
by  law. 

Sidney,  I  have  lived  under  the  Inquisition, 
and  there  is  no  man  in  Spain  can  be  tried  for 
heresy 

Justice  Withins.  Draw  no  precedents  from 
the  Inouisition  here,  I  beseech  you,  Sir. 

X.  C.  X  We  must  not  endure  men  to  talk^ 
tha(  by  the  right  of  nature  every  man  may 
contrive  mischief  in  his  own  chamber,  and  ha 
is  not  to  be  punished,  till  he  thinks  fit  to  b% 
called  to  it. 

Sidney,  My  lord,  if  you  will  take  scripture 
by  pieces,  you  will  make  all  the  penmen  of 
the  scripture  blasphemous ;  you  may  accuse 
David  of^  saying.  There  is  no  God ;  and  accuse 
the  Evangelists  of  saying,  Christ  was  a  blas- 
phemer and  a  seducer ;  and  the  Apostles,  That 
they  were  drunk. 

X.  C,  J.  Look  you,  Mr.  Sidney,  if  there  be 
any  part  of  it  that  explains  the  sense  of  it,  yon 
shall  have  it  read ;  indeed  we  are  trifled  with  a 
little.  It  is  true,  in  scripture  it  is  said,  tliers 
is  no  God,  and  you  must  not  take  that  atone 


^S/i  STATE  TRIALS,  95  Chariss  II.  l685d— /#r  High  Tr^as&n. 


im 


bntybn  mnttsay,  The  fbol  ,batfa  aaid  in  his 
hetaif  tfaefe  is  no  God.  Now  here  is  a  things 
impiited  to  yott  in  the  libel ;  if  yoa  can  say, 
there  is  any  part  that  is  in  excuse  of  it^  call  for 
it.  As  fi>r  the  purpose,  whosoeyer  does  publish 
that  the  king  may  be  put  in  chains  or  deposed, 
is  a  trulor ;  hut  wbosoerer  says,  that  none 
but  traitors  would  put  the  king  in  chains,  or 
depoae  him,  is  an  honest  man ;  therefore 
lyply  adidan^  but  do  not  let  us  make  excur- 


Siiln^.  f  f  they  will  produce  the  whole,  my 
ford,  tfaien  I  can  see  whether  one  part  contra- 
dicts another. 

L.  C  /.  WeO,  if  you  hate  any  witnesses, 
call  them. 

Sdney*  The  earl  of  Anglesey. 

L,  C.  X  Ay,  in  -God's  name,  stay  t31  to-« 
BWrrow  in  things  diat  are  pertinent. 

Sidney '  I  jdesire  to  Jmow  of  my  lord  Angle- 
aey,  what  my  lord  Howard  said  to  him  con- 
oeming  the  flot  ihat  was  broken  ont. 

Ld.  An^les^jf,  Concerning  this  Plot  you  are 
now  questioned  for  ? 

Sidney.  The' Plot  for  which  my  lord  Ruasdl 
«nd  I  was  in  prison. 

Ld.  Anglaey,  The  question  I  am  asked,  is, 
What  my  lord  Howard  said  before  the  trial 
of  my  lord  Russell,  concerning  die  plot ;  I  sup- 
pose, this  goes  as  a  branch  (n  that  he  was  ac- 
cused for.    1  was  then  in  the  country  when  the 
business  was  on  foot,  and  used  to  come  to  town 
a  day  or  two  in  a  week,  liring  near  in  Hert* 
Ibrdshife,  and  I  understanding  the  affliction 
my  lord  of  Bedford  was  in,  I  went  to  give  my 
Wrd  a  yisit,  W'e  hating  been  acquaintance  of 
above  50  years  standins^,  and  bred  together  in 
NaudUn  ccdlege  in  Oxrord.    When  icame  to 
my  lord  of  Bedford,  and  had  administered  that 
comfort  that  was  fit  for  one  chiistim  to  give 
another  m  that  distress,!  was  ready  to  leave  him, 
and  my  lord  Howard  came  in.    It  was  upon 
Friday  befo^my  lord  Howard  was  taken,  he  was 
takenTas  I  take  it)  upon  Sunday  or  Monday,  my 
Jord  Howard  fell  into  the  same  christian  office 
that  I  had  been  just  discharging,  to  compas- 
sionate, my  lord's  affliction,  to  use  arguments 
to  comfort  and  support  him  under  it,  and  told 
faim  he  was  not  to  be  troubled,  for  he  had  a 
discreet,  a  wise  and  a  virtuous  son,  and  he 
eould  not  be  in  any  such  plot  (I  think  that  was 
the  word  he  used  at  first,  though  he  gave 
another  name  to  it  afWrward)  andnis  tor&hip 
might  therefiyre  well  expect  a  good  issue  of 
that  business,  and  he  might  believe  his  son  se- 
cure, for  he  believed  he  was  neither  guilty,  nor 
«o  mndi  as  to  be  suspected.  My  lord  proceeded 
Anther,  and  did  say,  that  he  knew  of  no  such 
barbarous  design  (1  think  be  called  it  so  in  the 
second  |dace)  and  could  not  charge  my  lord 
Bussell  widi  it,  nor  any  body  else.    This  was 
the  eAaect<of  what  my  lord  Howard  said  at  that 
time,  and  i  hare  nothing  to  say  of  my  own 
Imowledge  more  than  this ;    but  to  oCserve, 
that  I  was  present  when  the  jury  did  put  my 
lord  Howard  particularly  to  it ;  What  have  you 
to  say  to  vnat  my  lord  Anglesey  testifies 


against  you  ?  My  lord,  I  think,  did  in  three 
several  places  give  a  short  account  of  himself, 
and  said  it  was  very  true,  and  gave  them  some 
further  account  why  he  said  it,  and  said  ha 
should  bfe  very  glad  it  might  have  been  advan- 
tageous to  my  lord  Russell. 

Sidney,  My  lord  of  Clare.  I  desire  to  know  ^ 
of  my  lord  of'^Clare  what  my  lord  Howard  said  * 
concerning  this  plot  and  me  ? 

Ld.  Clare,*  Afy  lord,  a  Uttle  after  colonel 
Sidney  was  taken,  speaking  of  the  times,  he  said, 
that  if  ever  he  was  questioned  again,  he  would 
never  plead,  the  quickest  dispatch  was  the 
best,  he  was  sure  they  would  have  his  tifh, 
though  he  were  6ver  so  innocent,  and  discours- 
ing of  the  late  primate  of  Armagh's  prophecy  : 
for  my  part,  says  he,  I  think  the  persecution 
is  bmin,  and  F  believe  it  will  be  very  sharp, 
but  f  hope  it  will  be  short,  and  I  said  I  hoped 
so  too. 

Att,  Gen.  What  answer  did  your  lordship 
give  to  it? 

Lord  Clare.  I  have  told  you  what  I  know, 
my  lord  is  too  full  of  discoune'^  me  to  an- 
swer all  he  says ;  but  for  col.  Sidney,  he  did 
with  great  asseverations  assert,  that  be  was  as 
innocent  as  any  man 'breathing,  and  used  great 
encomiums  in  his  praise,  and  Sien  he  seemed  to 
bemoan  his  misfortune,  which  I  thought  real  ( 
for  never  was  any  man  more  ^gaged  to  ano- 
ther, than  he  was  to  colonel  Sidney,  I  believe. 
Then  I  told,  ttiey  tdked  of  papers  that  were 
found ;  I  am  sure,  says  he,  they  can  make  no- 
thing of  any  |Mpers  ot  his. 

Att.  Gen.  When  was  fliis  ? 

Loid  Clare,  This  was  at  my  house  the  be- 
ginning of  July. 

Att.  Gen.  How  long  before  my  lord  Howard  < 
was  taken?. 

Lord  C/are.  About  a  week  before. 

Att.  Gen,  I  would  ask  yon,  my  lord,  upon 
your  honour,  would  not  any  man  hare  said  as 
much,  that  had  been  in  the  plot? 

Lord  Clare.  I  can't  tell,  I  know  of  no  plot.  * 

*  "  It  ought  not  to  be.forgotten,  that  tha 
earl  of  Clare  was  one  of  the  petitioning  and  ^ 
protesUng  lords:  And,  possibly,  it- was  for 
this  r^ison  that  the  attorney  general  laid  two 
snares  for  him,  in  the  course  of  his  evidence; 
both  which  be  nevertheless  broke  throngh. 
His  lordship,  in  repeating  what  lord  Howard 
had  said  of  Usher's  prophecy,  and  his  hoping 
the  persecution  would  be  short,  if  sharp,  added 
these  words,  <  and  I  said  I  hoped  so  too.'  Upon 
which  the  attorney  immediately  inteqMsed  with 
this  insidious  questionr,  *■  What  answer  did  your 
<  lordship  give  to  it  ?'  and  the  earl  replied  *  I 
*  have  told  you  what  I  know:  My  lord  is  too 
'  full  of  discourse  forme  to  answer  all  he  says.* 
Again,  having  ckMed  what  he  bed  to  say,  tha 
attoiaey  besets  him  thus  *  1  would  ask  you  my 
'  lord,  upon  your  honour,  would  not  sny  maa 
'  have  said  as  much,  that  bad  been  in  the  plot  ^ 
To  which  the  -earl  returned  this  Spartan  an- 
swer, *  I  cannot  teO  ;  J  know  of  no  plot.'  *** 
Ralptu  • 


871}      ^TATE  TRIALS^  35€ba«les  II.  \6^3.^TrkilcfAlgemm  Skbieg,     [^7% 


SitUuv.  Mr.  PhiUp  Howard. 

Just,  withins.  Want  do  you  ask  him  f 

Sidney,  Wliat  you  beard  mv  lord  Howard 
fay  coDceiiuBg  this  pretended  plot,  or  my 
bemg  in  it? 

Mr.  P.  Moward.  My  lord,  when  the  plot 
first  brake  out,  I  used  to  meet  my  lord  Howard 
▼ery  often  at  ttiy  brother's  house,  and  opming 
one  day*  from  Whitehall,  he  asked  me,  what 
news^?  I  told  him,  my  lord,  says  I,  there  are 
abundance  of  people  that  have  confessed  the 
horrid  design  of  mui'dering  the  king,  and  the 
duke.  How,  says  be,  is  such  a  thing  possible.^ 
Says  I,  'tis  so,  tney  have  all  confess^  it.  Says 
he,  di(  vou  know  any  of  their  names  Y  Yes, 
says  J,  I  have  heard  their  names.  What  are 
their  names,  says  heP  W^y,  says  I,  coL 
Rumsey,  and  iMr.  West,  and  one  Walcot  and 
others  that  are  in  the  procbunation ;  (I  can't 
teH  whether  Walcot  was  in  hold)  says  he,  ^t^ 
imppasible  such  a  thing  can  be :  says  be,  there 
are  in  all  countries  people  that  wish  ill  tQ  tbe 
gOFemment,  and  says  ue,  I  believe  there  are 
some  here ;  bot  says  he,  for  any  man  of  ho- 
nour, interest  or  estate  to  go  about  it,  is  wholly, 
impossible.  Says  I,  my  lord,  so  it  is,  and  I 
beheve  it.  Says  I,  my  lord,  do  you  know  any 
of  these  people  ?  ^o,  says  he,  none  of  them, 
only  one  day,  fays  he^  passing  through  tbe 
l^cbange,  a  man  saluted  me,  with  a  blemish 
upon  bis  eye,  imd  be  embrac^  me,  and  wished 
me  3iil  bapiMuess :  says  be,  I  could  not  call  to 
mind  who  this  man  was ;  but  afterwards  I  re» 
collected  myself  that  I  met  him  at  my  brd 
Sbatlesbury's,  and  beard  aflterwards,  and  con- 
cluded his  name  to  be ,  his  at  whose 

house  tbe  king  was  to  be  assassinated — ^x- 

Att.  Gen,    fturobold  P 

Mr.  Howard.  Ay,  Rumbold.  My  lord,  may 
I  ask  if  my  lord  lioward  be  here  P 

L.  C,  J,  He  is  there  behlo<1  you. 

Mr.  Howard,  Then  be  will  -hear  me.  My 
lord,  says  1»  what  does  your  k>rd8hip  think  of 
this  buSiiness  ?  Says  he,  I  am  in  a  maze:  says 
I,  if  you  will  be  ruled  by  me,  you  have  a  good 
opportunity  to  address  to  the  l:ing,  and  all  the 
discontented  lords,  as  they  are  caUed ;  and  to 
shew  your  detestation  and  abborreuce  of  this 
thing  $  for,  says  I,  this  wiU  be  a  good  m^'Aos 
to  reconcile  aU  things.  Says  be.  You  have 
put  one  of  the  best  notions  m  my  head  that 
^erwas  put.  Says  f,  you  are  a  Tervgood 
penman,  draw  up  tbf  first  address  (and  f  be- 
lieve I  was  the  first  tfiat  mentioned  an  address, 
you  have  had  many  an  one  since,  God  send 
them  good  sujccess.)  Says  he,  I  am  sorry  my 
lord  ofBssex  is  out  of  towia,  be  should  present  it. 
But,  savB  I,  here  is  my  lord  Russell,  my  lord  of 
jBedlbrd,  my  lord  of  Cbre,  all  of  you  that  are 
disaffected,  and  so  acoounledY  go  about  this  busi- 
ness, and  make  the  nitionihappy  and  kine  hap- 
ny.  Says  be,  Will  you  stay  tiU  i  oome  kack  P 
Ay,  says  I,  ifyoa  will  come  in  Miy  time;  bnt  he 
never  came  back  while  I  was  thve.  The 
next  day,  I  think,  my  lord  Russell  was  taken, 
and  I  came  and  found  him  M  my  brother's 
boose  again  (for  there  he  was  day  and  night) ; 


says  be,  cousin,  What  news?  8rai  I,  oiv 
lord  Russell  is  sent  to  the  Tower.  We  are  a& 
undone  then,  says  he.  Pray,  ^says  be,  ao  to 
my  lord  privy-seal,  and  see  if  tou  can  find  [ 
am  to  be  taken  up.;  says  he,  I  doubt  'tis  a 
sham-plot ;  if  it  was  a  true  plot,  I  should  fear, 
nothing ;  says  I,  What  do  you  put  me  logo  te 
my  lord  pnry-seal  forf  He  is  one  oTthe 
king's  cabmet  coitf oil,  do  you  think  he  will  tell 
mer  I  won't  go;  but,  says  I,  if  yop  are  not 
guilty,  why  would  you  have  me  to  go  to  en- 
qiiire  P  Why,  says  ne,  because  I  fear  'ti»  not 
a  true  plot,  but  a  plot  made  upon  us,  and  there- 
fore, says  he,  there  is  no  man  firee.  M  v  lord, 
I  can  say  no  more  as  to  that  time  (and  there  is 
no  man  that  sits  here,  that  wishes  the  khu^ 
better  than  I  do).  The  next  thing  I  come  to  is 
this,  I  came  the  third  day,  and  he  was  nnshty 
sad  and  mehmcboly,  that  was  when  ciA,  jSidn^ 
was  taken ;  savs  I,  Why  ar^  you  so  mehmdio- 
ly,  because  col.  Sidnev  is  taken  P  Says  I,  co^. 
Sidney  was  a  man  talked  of  before,  why  wera 
you  not  troubled  for  my  lord  Russell^  that  is  of 
your  blood  P  Says  he,  I  have  that  particular 
obligation  from  col.  Qidney,  that  no  one  man 
bad  from  another.  I  have  one  thing  to  say 
farther,  I  pray  I  may  be  rightly  nndentoodm 
what  I  liave  said. 

L,  C.  J.  What,  would  yon  hare  us  under- 
take for  ail  the  people  that  near  you  P  1  think 
you  have  spoken  very  materially,  and  I  wifl 
observe  it  by  and  by  to  the  jury. 

Sidney.  Pray  call  Dr.  BumeL 

Just  Waicot.  What  do  you  ask  Dr.  Bur- 
net P 

Sidney,  I  have  only  to  ask  Dr.  Burnet,  whe-. 
tber  after  the  nevrs  of  tliis  pretended  plot,  my 
lord  Howard  came  to  him,  and  what  be  smd  to 
him. 

Dr.  ]iumet.  My  lord,  Uie  day  after  thiapbt 
brake  out,  my  loi^d  Howard  ^ame  to  see  me,  and 
upon  some  disooiurse  of  the  plot,  with  .bands 
and  eyes  UAed  up  to  heaven,  ne  protested  be 
knew  nothing  of  any  plot,  and  believed  no- 
tbm^  of  it,  and  said,  that  be  looked  upon  H  as 
a  ridiculous  thing. 

My  lord  Po^e^  was  sent  for  at  the  pcisooer^s 
request,  being  m  the  hall. 

Col.  Sidney,  My  lord,  1  desire  Jeaeph  Dncas 
may  be  called.  [Wbq  appeared,  bong  a  Frsnefa* 
man.] 

Sidney.  I  desire  to  know  whether  he  was 
not  in  my  house  when  my  lord  Howard  eame 
thither,  a  littieaAer  i  was  made  a  priaqner,  and 
what  he  said  upon  it  P 

Duoa$»  Yes,  my  lord,  my  lord  Howard 
came  the  day  after  o^onel  Sidney  was  tidken, 
and  be  askcati  me,  where  was  the  cokmel  ShIt 
ney  P  And  I  said,  he  was  taken  by  an  order 
of  the  kin?,  and  he  said.  Oh  Lonl!  What  ig 
thatjEbr  P  I  said.  They  have  taksn  papcfS ;  he 
said,  aueseme  papers  l^P  Yee.  Have  th^ 
taken  something  more  P  No.  Well,  yea  nainft 
take  all  the  things  out  of  the  house,  ahd  cany 
them  to  some  youean  trust :  1  dare  trust  ne 
bodyv.  says  h^\  I  mil  knd  mj  coach  ««d 


«|^]  ^ATE  TRIALS,  35  Chaili:s  II.  lfi»3.^4^  ffiglk  7hm«.  [87« 


C0»olwaii,  said  I,  if  tM  fokmal  9id|K4Qr#iU 
Mkre  bis  goods  ;  he  save  them^  if  not,  it  is  no 
ipatter.  A  litUe  after  tbe  lord  Howard  came 
in  the  house  of  col.  Sidney  about  eleven 
o'elpolc  at  night,  when  he  was  ii|,  I  tojd  theiyi, 
What  is  this  ?  They  talk  of  a  ^lot  to  kill  the 
king  antfthe  duke,  and  I  told  uiq,  they  spijce 
of  one  general  insmrectioii ;  and  I  told  him 
more,  tm  I  understood  that  ool.  Sidney  was 
■ent  into  Scotland:  when  mv  lord  Howard 
undenttpod  thfit,  he  said  God  knows,  I  know 
tkothingof  thii',  and  I  am  sure  if  the  colonel 
Sidney  was  concerned  in  the  matter,  he  would 
tdJ  me  something,  but  I  know  nothing.  '^^ 
my  lord,  I  told  ium,  I  believe  you  are  not  safe 
ifh  this  house,  there  is  more  danger  here  than 
in  another  place.  Says  he,  I  have  been  a  pri- 
soner, and  I  bad  rather  do  any  thing  in  the 
world  than  be  a  prisoner  again. 

Then  my  lord  Paget  came  into  the  CiHirt. 

'  C6L  Sidney,  Pray,  my  lord,  be  pleased  to 
teU  the  Court,  if  my  lord  Howard  has  said 
any  thing  to  you  concerning  this  late  pretended 
I^Ot,  or  my  being  any  partv  in  it 

Lprd  Paget.  My  lord,  I  was  subpcena'd  to 
come  hither,  and  did  i^ot  know  upon  what  ac- 
count ;  I  am  obliged  to  say,  my  lord  Howard 
was  with  me  presendy  after  tbe  breaking  out 
of  this  Plot,  and  before  bis  appearing  in  that 
part  which  he  now  tu^ts,  he  came  to  me; 
and  I  told  him,  that  I  was  glad  to  see  him 
abroad,  ^d  that  be  was  not  concerned  in  this 
disorder.  He  said,  he  had  joy  from  several 
concemiog  it,  and  he  took  it  as  An  iiyury 
to  him,  for  tbat  it  iotdced  as  if  he  were 
GgOty .  He  said,  he  knew  notbing  of  himself, 
nor  any  body  el^.  And  thoo^h  ne  was  free 
in  diaoottcse,  and  free  to  go  mto  any  com- 
pMsy  indifferentiy ;  yet  he  said,  he  had  not 
teen  any  bodj^.  that  could  say  any  thing  of 
him»  or  give  mm  occamoo  to  say  any  thiiig  of 
any  body  else. 

^dtujf,  Mr.  Edward  Howai^. 

Mr.  £.  Howard,  Mr.  Sidney,  what  hare 
yoo  to  say  to  me? 

Col.  Skdriey,  My  lord,  I  desire  you  would 
ask  Mr.  Ed..  Howard  the  same  ming,  what 
discourse  he  had  with  my  lord  HowaAl  about 
jhisPtot?^ 

X.  C.  J.  Mr.  Howard,  Mr.  Sidney  desires 
yoa  to  tell  what  discourse  you  had  with  my 
lord  Howard  about  this  Plot. 

Mr.  E.  Howard,  My  lord,  I  have  been  for 
some  time  very  intimate  with  my  lord,  not 
only  upon  tbe  account  of  oar  alliance,  but  upon 
a  strict  intimacy  and  correspondence  of  firimd- 
ahip,  and  I  thmk  I  vras  as  miicfa  kis  as.  he 
could  escpect  from  that  allianoe:  I  did  move 
him  dmriog  thi$  time,  to  serve  the  king  upon 
the  most  ^nourable  aocooot  i  could,  but  that 
proved  ineffinctuai :  I  pass  that,  and  come  to 
ihe  business  hcve.  As  soon  as  the  Plot  brake 
cat,  my  letd'havmg  a  great  intimacy  with  me, 
tipiressed  a  great  detestation  and  snrpriaing  in 
himself  io  hear  of  it,  wherein  my  lord  Howard 
assured  me  fuider  v^  great  asswiefilioBS, 


tbat  he  could  neither  accnpe  hioMelf,  n^^wiy 
man  living.    He  told  m^  moreover,  that  tipetm- 
were  certain  persons  of  quaUty,  whom  he  was 
very  much  concerned  for,  diat  they  should  be 
so  much  reflected'  upon  or  troubled,  and  be 
condoled  vfry  much  tbeir  condition,  both  be- 
fore and  after  they  were  tsken.    My  knd,  I 
believe  in  my  conscience  he  did  this  witlMolt 
any  mental  reservation,  or  equivocation,  for  he 
had  no  reason  to  do  it  with  me.    I  add  moie* 
over,. if  I  have  any  sense  itfroy  lord's  dispos 
sition,  I  think  if  he  liad  known  any  such  thing,  be 
would  not  have  stood  his  being  taken,  or  made 
his  application  to  the  kin^  in  this  inanner,  I  an^ 
afraid  not  so  suitable  to  his  qualily . 

X.  C.  /.  No  reflections  upon  any  body.. 

Mr.  Hfiward.  IScv  lord,  1  reflect  upon  n* 
body.  I  understand  where  I  am,  and  have  a 
respect  for  the  |>lace  ;  but  since  yoor  lordshi|^ 
has  given  me  this  eccasMHi,  I  most  needs  say, 
tbat  that,  reproof  that  was  accidentally  givoi 
me  at  the  tnal  of  my  lord  Russell,  by  reason 
of  a  weak  memory,  inade  me  omit  some  partis 
culars  I  will  speak  now,  which  an  these,  and  J 
think  they  are  material :  my  lord,  upon  the 
diMxiurseof  this  Plot,  did  further  assure  nie^ 
that  it  was  certainly  a  sham,  even  to  his  kiiowi« 
ledge  :  how,  my  lord,  says  1,  do  you  mean  a 
sham  ?  <  Why,  says  he,  such  an  one,  couan,  aa 
is  too  black  for  any  minister  ef  puUic  employ « 
ment  to  have  devised ;  bui,  says  he,  it  was 
forged  by  people  in  the  dark,  such  as  jesaita 
and  papists  ;  and,  says  he,  this  is  my  oonsci<* 
enoe.  Says  I,  my  lord,  if  you  are  sure  of  this 
thing,  then  pray,  •  my  lord,  do  that  honousaUe 
thing  that  beicomes  your  quality,  that  is,  gif« 
tbe  King  satisfaction  as  oecomes  you ;  pray 
make  an  address  un^r  your  hand  to  the  king, 
whereby  yon  express  your  detestatkin  and  a&* 
horrence  of  this  thing.  Says  he,  I  thaidi  yo« 
for  TOur  counsel :  to  what  minister,  says  bet, 
shall  I  apply  myself?  I  pitched  upon  mv  kii4 
Halbfax,  rad  I  told  him  of  my  lord's  desiNii 
and  I  remember  my  lord  Howard  named  the 
duke  of  Monmouth,  my  lord  of  Bedford,  the 
earl  of  Clare,  and  he  said  he  was  sure  thej 
would  do  it ;  that  he  was  sure  of  their  inno^ 
cence,  and  would  be  glad  of  the  occasion  :  and 
1  went  to  my  lord  HaUifax,  and  told  him  thai 
my  k>rd  was  willin^^to  set  it  under  Ua  hand^ 
his  detestation  of  this  Plot,  and  that  these  waa 
no  such  thing  to  his  knowledge.  ^My  lord 
HaUifax  very  worthily  received  me ;  says  ha^ 
I  will  introduce  it ;  but  my  kird  Ruamll  bein|f 
takeb,  this  was  laid  aside,  aod  my  loed  gaw 
this  reason.  For,  says  he,  there  *will  be  so 
many  people  taken,  they  will  be  hinda«d.  I 
must  needs  add  from  my  conscience,  and  from 
my  heart,  before  God  and  man,  that  if  my  lord 
had  spoken  before  the  king,  setting  upon  hia 
throne,  abating  for  the  soleauiity  S  tne  nra« 
aence,  1  opuU  not  have  more  beheved  baaa,^ 
from  that  assurance  be  had  in  me.  And  I  aei 
sure  from  what  I  have  said,  if  1  had  thehooov 
to  be  of  this  gentleman's  jury  I  menSA.  not  he« 
iieve  him. 
JLCiJ.  ThatmuMnotbeaqiHMt . 


Att,  Gem,  You  ought  to  be  bound  to  your 
good  behaTionr  for  that 

Li  C.J.  The  jury  are  bocmd  by  their  oaths 
to  go  aooording  to  (neir  evidenoe,  thpy  are  not 


to  go  by  men's  ocmjectareSi 
Mr.  Bowarii.  May  Igo,  my  lord  P 
An.  Gen.  My  lotid  Howanl  deairei  he  may 


itay,  we  shall  make  use  of  him. 

Sidney.  My  lord,  I  spake  of  a  mortgage 
that  I  had  or  my  k>id  Howard,  I  do  not  know 
whether  it  is  needful  to  be  proved ;  butit  is  so. 

Lord  Henard.  f  confess  it. 

Sidney.  Then,  my  lord,  here  is  the  other 

Kint ;  he  is  mider  the  fear,  that  he  dare  not 
tsay  what  be  thinks  will  condaoe  towards 
the  gaining  his  pardon  ;  and  that  he  hath  ex- 
jpnssed,  that  be  ooold  not  hare  his  pardon,  bat 
he  must  first  do  this  dradgery  of  swearing.  I 
■eed  not  my,  that  his  son  should  say,  that  he 
was  aony  his  fiidier  could  not  get  his  pardon 
unless  he  did  swear  against  eqme  others. 

Sidney.  CaH  Mr.  flake.  [Who  appeared.] 
My  ferd,  J  desire  he  may  be  asked,  whether 
■ly  lord  Howard  did  not  tdl  him  that  he  could 
Bot  get  his  pardon  yet,  and  he  could  ascribe 
it  to  nothing,  but  thatthe  drudgery  of  swearing 
most  be  over  first. 

Then  my  Lord  Chief  Justice  asked  thequestion. 

Mr.  Blake.  My  lord,  I  am  very  sorry  I 
should  be  called  to  give  a  public  account  of  a 
private  conversation,  how  it  comes  about  I  do 
not  know.  My  iord  sent  fi>r  me  about  six 
weeks  ago,  to  come  and  see  him.  I  went,  and 
we  talk^  of  news  ;  I  told  him,  I  heard  no 
body  had  their  pardon,  but  he  that  first  disco- 
vered the  Plot;  he  told  me,  no;  but  he  bad 
his  warrant* fi>r  it:  and,  says  he,  I  have  their 
word  and  honour  fi>r  it ;  but  says  he,  I  will  do 
nothing  in  it  till  I  have  fiirtber  order;  and 
says  he,  I  hear  nothing  of  it,  and  I  can  ascribe 
it  to  PC  jolher  reason,  but  I  must  not  have  my 
pardon  till  the  drudgery  of  swearing,  is  over. 
These  words  my  lofdsaid,  I  bdieve  my  lord 
woi^'t  deny  it. 

Then  col.  Sidney  called  Mr.  Hunt  and  Bur- 
roughs, but  they  did  not  appear. 

Col.  Sidney.  It  is  a  hard  case  they  do  not 
wpear.  One  of  them  was  to  prove  that  my  lord 
Reward  said  he  could  not  have  his  pardon  till 
he  had  done  some  other  jobs. 

X.  C.  I.  I  cannot  help  it ;  if  you  had  come 
for  assistance  from  the  Court,  I  would  wil- 
lingly have  done  what  I  could.  . 

Then  col.  Sidney  mentioned  the  duke  of 
Buckingham,  but  he  was  informed  he  was  not 
subpcenaM. 

Sidnev.  Call  Grace  Tracy  ^d  Eliasabetii 
PenvricK.  [Who  appeared.]  I  bA  you  only, 
what  my  lord  Howard  said  to  you  at  my  house 
oonoemmg  the  Pk>t,  and  mv  being  in  it  P 

TVaof.  Sir,  he  said,  that  be  knew  nothing  of 
a  Plot. he  protested,  and  he  was  sure  col.  Sid- 
ney knew  nothing  of  it  And  he  said,  if  you 
tewany  ^jbingof  it|  he  moat  needs  know  of  it, 


l6Sd.-^rrfdt  ^AlgtnM  SUkuy,    ^  IST6 

for  he  knew  as  much  of  your  concerns  as  any 
<nie  in  the  worid. 

Sidney,  Did  betake  God  to  witness  upon  it? 

Traty.  Yes. 

Sidney.  Did  he  desire  my  plate  at  my 
house  ? 

2V^.  I  cannot  tell  that,  lie  said  the  gooda 
might  be  sent  to  his  house. 

Sidney.  Penwidk,  what  did  my  lord  Howard 
m  in  your  hearing  concemii^  the  pretended 
Plot,  or  my  plate  carrying  away  f 

Penmick.  When  he  <iame,  he  asked  for  your 
honour,  and  they  said  your  honour  was  taken 
away  by  aman  to  the  Toww  fi>r  the  Pkit,  and 
then  he  took  God  to  witness  he  knew  nothing 
of  it,  and  believed  your  honour  did  not  neidier.' 
He  said,  he  was  in  the  Tower  two  years  i^, 
and  your  honour,  he  bdieved,  saved  nis  life. 

Sidney.  Did  he  desire  the  plate? 

Fenanck.  Yes,  and  said  it  should  be  sent 
to  his  house  to  be  secured.  He  said  it  was 
only  malice. 

Mr.  Wharton  stood  up, 

Wharton.  It  is  only  this  I  have  to  say.  Tint 
if  your  lordship  pleases  to  shew  me  any  of 
these  sheete  of  paper,  I  wBl  undertake  to  mii* 
tate  them  in  a  httle  time,  that  you  shan't  know 
which  is  which.  It  is  the  easiest  hand  that 
ever  I  saw  in  my  life. 

Att.  Gen,  You  did  not  >rite  these,  Mt^ 
Wharton? 

Wharten.  No  ;  but  I  will  do  this  in  a  very 
little  time,  if  you  please. 

X.  C.  /.  Have  you  any  more  witnesaes  f 

Sidney.  No,  ray  lord. 

X.  C.  J.  Then  apply  yoursdf  to  the  jmy. 

Col.  Sidney.  Then  this  is  that  I  iNwe  to  say. 
Here  is  a  huge  complication  of  crimes  kid  to 
my  charge :  I  did  not  know  at  first  under  what 
statute  they  were,  now  I  find  ills  the  statuteef 
35  Edw.  3.  Thisstatute  hath  two  brmches; 
one  rdating  to  war,  the  other  to  the  peraon  of 
the  king,  tnat  relating  to  the  person  of  the 
king  makes  the  comjiiring,  imagining  and 
compassing  his  death,  cnmintu.  Thatconodn^ 
ing  war  is  not,  unless  it  be  levied.  Now,  my 
lonl,  I  cannot  imagine  to  which  of  these  they 
refer  my  crime,  sm  I  did  desire  your  lordship 
to  expuiin  it.  For  to  say  that  a  man  did  meet 
to  conspire  the  king's  death,  and  he  thatgivea 
you  the  account  of  the  business  does  not 
speak  one  word  of  it,  seems  extravagant; 
ror  conspiracies  have  ever  their  denomi- 
nation fit>m  that  pomtto  which  they  tend  ;  aa 
a  conspiracy  to  make  fidse  coin  inters  instru- 
menti  and  the  like.  A  conspiraey  to  take 
away  a  woman,*  to  kfll  or  rob,  are  all  directed 
to  that  end.  So  conspiring  to  kill  the  kii^, 
naust  immediatdy  aim  at  kilfing  the  king.  The 
king  hath  two  capacities,  natural  and-  politie, 
tiiat  which  is  the  politic  cannot  be  vrithin  tfa# 
statute,  in  that  sane  he  never  iliesy  and  it  is  ab- 
surd to  say  it  should  be  a  feult  to  kill  the  kfa^ 
than  cannot  die«:  so  then  it  must  be  the  natard 
sense  it  must  be  understood  in,  which  must  he 
donebyawoid,  by  pistol,  or  any  adier  way. 


STATE  TRIALS,  3$  ChaslesIL  l69S,--ftr  ESgk  TreaioH, 


Now  if  there  be  nol  one  woid  of  this,  then 
that  is  utterly  at  an  end,  though  the 
witness  had  been  good.  The  next  point 
is  conoemiag  levying  of  war«  Leryins^  of 
War  is  made  treason  tneine,  so  it  be  uroved  by 
overt-act:  but  an  overt7act  of  that  never 
was,  or  ban  be  pretended  here.  If  the  war  be 
not  levied,  it  is^not  within  the  act,  forconspi- 
ripgto  levy  war  is  not  in  the  act.  My  lord, 
there  is  no  man  thinks  that  I  would  loll  the 
king  that  knows  me,  I  am  not  a  man  to 
have  such  a  design,  perhaps  I  may  say  I  have 
Saved  his  life  once.  So  that  it  must  be  by  im  - 
plication,  that  is,  it  is  first  imi^fined  that  I  in- 
tended to  raise  a  war,  and  then  it  is  iooagined 
that  war  should  tend  to  the  destruction  of  the 
lung.  Now  I  know  &at  may  follow,  but  that 
is  not  natural  or  necessary,  and  being  not  na- 
tural or  necessary,  it  cannot  be  so  understood 
by  the  law«  That  it  is  not,  is  plain  ;  for  many 
wars  have  been  made,  and  the  death  of  the  kins' 
kas  not  foQowed.  David  made  war  upon  Saul, 
jet  no  body  will  say  he  sooffht  his  death,  he 
liad  him  under  his  power  and  did  not  Idll  him ; 
David  made  war  upon  Ishbosheth,  yet  did  not 
design  his  death :  and  so  in  England  and  France 
kings  have  been  taken  prisoners,  but  they  did 
sot  kill  them.  King  Steph«i  was  taken  pri- 
soner, but  they  did  not  kill  him.  SoJ  that  it  is 
two  distinct  things  .to  make  "war  and  to  en- 
deavour to  kill  the  king.  Now  as  there 
is  no  manner  of  pretence  that  I  should 
endeavour  to  kill  the  king  directly,  so  it 
csnnot.be.  by  inforence,  because  it  is  treason 
under  another  species :  I  confess  I  am  not  fit 
to  argue  these  points,  I  think  I  ought  to  have 
eounsel,  but  if  you  wonH  allow  it  me,  I  cannot 
help  it ;  but  these  things  are  impossible  to  be 
jumbled  up  together.  Now  I  say  this,  if  I  am' 
not  under  the  first  branch,  if  not  directly,  I 
cannot  be  by  implication  ;  though  I  did  make 
war,  I  cannot  be  said  to  conspire  the  death  of 
the  king,  because  it  is  a  distinct  species  of 
treason ;  and  my  lord  Coke  says,  it  is  theover- 
throw  of  cJl  jostice  to  confound  '  Membra  di- 
^  Tidentia.'  Now  if  the  making  of  war  cannot 
be  understood  to  be  a  conspiring  the  death  of 
the  king,  then  I  am  not  guilty  of  tbis  indictment ; 
but  here  my  lord,  is  neither  conspiring  the  death 
of  tbe  king,  nor  making  war,  nor  coospirlnsf  to 
make  war.  Besides/I  say,  it  is  not  the  best 
man's  evidence  here  would  be  g^od  in  this  case, 
because  the  law  requires  two.  The  next  thing 
IS  the  business  of  Aaron  Smith,  which  my  lord 
tells  so  imperfectly^,-  and  so  merely  conjectural, 
that  there  is  nothing  in  it  but  his  rhetorick  in 
setting  it  out.  He  tdls  you  of  a  letter  sent  with 
him,  but  he  does  not  tell  you  by  whom  writ, 
what  was  in  it,  or  whether  it  was  delivered  or 
no  ;  so  that  I  tliink  we  may  lay  that  aside  as 
Uie  other,  as  things  nothing  in  them  at  all. 
Then  says  Mr.  Attorney,  mese  Scotch  gen- 
tlemen are  come  to  town,  I  profess  I  never 
heard  the  names  of  one  of  them  till  he  named 
them  to  me  in  tlic  Tower.  I  have  not  sent  my  - , 
self,  nor  writ  a  letter  into  Scotland  never  since 
the  year  59,  nor  do  I  know  one  man  in  Soot- 


[87T 


land  to  whom  I  can  write,  or  from  whom  I  ever 
received  one.  I  returned  into  England  in  ths 
year  77,  and  since  that  time  have  not  writ  nor 
received  a  letter  from  Scotland.  Then  some 
gentlemen  'came  hither,  what  is  that  to  me  T 
I  never  saw  one  of  the  Gampbelk  in  my  life, 
nor  Monro  ;  if  any  one  can  prove  I  have  had 
any  communication  with  them,  I  will  be  glad 
to  sufier.  Th^n  here  are  papers,  if  any  thing  is 
to  be  made  of  them,  you  must  produce  the 
whole,  for  it  is  imposflnbleto  medce  any  thing  of  s 
part  of  them.  You  ask  me,  what  other  passage  I 
would  have  r^,  I  do  not  know  a  pMsage  ia 
them,  I  cannot  tell  whether  it  be  geodorbad. 
But  if  there  are  papers  Ibnnd,-  it  is  a  great 
doubt  whether  they  were  found  in  my  study 
or  no,  or  whether  the^  be  not  counterfeit ;  'but 
though  that  be  admitted  that  they  were  found 
in  my  house,  the  hand  is  ^ch,  that  it  shews 
they  have  been  writ  very  many  years.  Then 
that  which  seems  to  bean  account  of  the  sec- 
tions lind  chapters,  that  is  but  a  scrap,  and  what 
ifanybodyhad,my  lord,  either  in  my  own  hand 
or  another's,  found  papers  that  are  not  well  justi- 
fiable, is  this  treason?  Does  this  imagine  the 
death  of  the  king  ?  Does  this  reach  the  life  of 
the  long  ?  If  any  man  can' say  I  ever  printed  a 
sheet  in  my  life  1  will  submit  Co  ainy  punish* 
ment.  Manyothers,my  lord,  they  wnte,and 
they  write  what  comes  into  their  heoik.  I 
believe  there  is  a  brother  of  mine  here  has 
forty  quires  of  paper  written  by  my  father,  and 
never  one  sheet  of  them  was  pubhsbed  ;  but  he 
writ  his  own  mind  to  see  what  he  could  think 
of  it  another  time,  and  blot  it  out  again,  may  be. 
And  I  myself,  I  beHeve,  have  burned  more 
papers  of  my  own  writing  than  a  horse  can 
carry.  So  that  for  these  papers  I  cannot  answer 
for  them,  there  is  nothing  in  it,and  what  con- 
catenation can  this  have  with  the  other  desiga 
that  is  in  itself  nothing,  with  my  lord's  select 
council  selected  by  no.  body  to  pursue  the  de- 
sign of  my  lond  Shaftesbury  ?  And  this,  council 
that  he  pretends  to  be  set  up  for  sogreat  a  bu- 
siness, was  to  be  ad|jiisted  with  so  much  finau 
so  as  to  bring  things  togetiier,  what  was  this 
jintiMt  to  do  ^  (taking  it  for  granted,  which  I 
do  not.)  This  was  nothinff  (if  he  was  a  credible 
witness)  but  a  few  men  tuking  at  large  of  what 
might  be  or  not  be,  what  was  like  to  fall  out 
witnoutany  mann^  of  intention,  or  doing  any 
thing ;  they  did  not  so  much  as  enquire,  whe- 
ther there  were  men  in  the  country,  arms  or 
ammunition.  A  war  to  be  made  by  five  or  six 
men,  not  knowing  one  another,  not  trusting  on* 
aAotber.  *  What  said  Dr.  Coxe  in  his  evicfaace 
at  my  lord  Russell's  trial,  of  my  k>rd  Russell's 
trusting  my  lord  Howard  ^  He  might  say  the 
same  oTsome  others.  So  that,  my  lord,  I  say 
these  papers  have  no  manner  of  cuherenoe,  no 
dependence  upon  any  such  design.  You  must 
go  upon  conjecture  upon  conjecture }  and  after 
all,  you  find  nothing  butonly  papers,  never  per* 
feet,  only  scraps,  written  many  years  age,  and 
that  could  not  be  calculated  forthe  ramg  of  th^ 
people.  Now,  pray  what  imagination  can  be 
more  vain  than  that  ?  And  what  roan  ciui  bt 


fife,  if' the  kiiig's  couaad  may  make  sueh 
(whimsical  I  won^  say,  but)  groundlefls  ooti- 
itnictioiis  <*  Mr.  Attorney  says,  the  plot  was 
brodcen  to  the  Soota,  fGod  knows  we  Were  nei- 
ther broken  nor  joiQea)>aQd  that  the  Campbells 
came  to  towp  about  thattiine  I  was  taken ;  and 
in  the  mean  time  mv  lotd  Howard,  the  great 
contriver  of  all  this  plot,  who  was  most  actiTe 
and  advised  the  bindness  that  consisted  of  so 
ttiQch/inesse,he  goes  there  and  agrees  of  nothing, 
and  then  goes  into  fissex  upon  great  important 
business,  greater  (han  the  war  or  England  and 
Scotland,  to  what  purpose  P  To  locw  after  a 
little  pimping  manor,  and  what  then?  Why 
then  it  must  be  laid  aside,  and  he  must  be  idle 
fire  weeks  at  the  Bath,  and  there  is  no  en- 
quiring afler  it.  Now,  I  desire  your  lordship 
to  consider,  whether  there  be  a  possibility  fi>r 
any  men,  that  hare  the  sense  or  porters  and 
grooms,  to  do  such  things  as  he  would  put 
upon  us.  I  would  only  say  this;  if  JMb.  At- 
^rney  be  in  the  right,  there  was  a  combination 
with  the  Scots,  and  then  this  paper  was  writ ; 
for  those  that  say  I  did  it,  say  1  was  doing  of  it 
then ;  and  by  the  notes,  there  is  work  enough 
for  four  or  five  years,  to  make  out  what  is  men- 
tioned in  those  scraps  of  paper,  and  this  must 
be  to  kill  the  king.  And!  say  this,  my  lord, 
that  under  favour,  for  all  constructive  treasons 
you  are  to  make  none,  but  to  go  according  to 

eain  proof,  and  that  these  constructive  treasons 
long  only  to  parliament,  and  by  theinunediate 
proviso  in  that  act  Now,  my  lord,  I  leave  it 
to  your  lordship,  to  see  whether  there  is  in  this 
any  thing  that  you  can  say  is  an  overt-act  of 
treaoon  mentWDsd  in.  95  Edw.  S.  If  it  be  net 
plainly  under  one  of  the  two  branches,  that  I 
nave  endeaTonred  to  kill  Ae  king,  or  levied  war, 
then  it  is  matter  of  construction,  and  that  be- 
longs to  no  court  but  the  nariiament  Then 
mv  lord,  this  hath  been  aajudged  already  in 
Throgmoiton's  case.  There  are  twenty  judg- 
ments of  nariiament,  the  act  of^S  £hz.  that 
Bays—-— t  should  have  somebody  to  speak  for 
me.  my  lord. 

X.  C.  J.  Wears  of  another  opinion. 
.   Just  Withint.  If  you  acknowledge  the  mat- 
ter of  fhct,  you  say  w^. 

Col.  Sidney.  1  say  there  are  several  judg- 
ments of  parliament,  that  do  shew  whateveir  is 
coDstVQctive  treason  does  not  belong  to  anypri- 
▼ate  oomt.  That  of  1  Maiy,  1  £d.  6,  1  Ehx. 
5  Elis.  18,  another  la  Car.  shews  this.  Now 
my  lord,  I  say  that  the  businesi  concerning  the 
|Nkpera,  it  is  only  ^  similitude  of  hands,  which  is 
just  nothing.  In  my  lady  Carr's  case,  it  was 
leaobed  to  extend  to  no  onminal  cause ;  if  uot 
taany  then  not  to  the  greatest^  the  most  ca- 
pM.  Sothat  I  haveonly  this  tdsay,  that  1 
IhiBkiiis  unpossibte  for  the  jury  to  find  this 
maMer;  forth*  ibvtpoiat  you  proved  by  my  lord 
Howani,thaft  I  think  is  nohady^  and  the  last 
eonccmittg  the  papers,  is  only  imagination  from 
Ihtt  stmilitude  of  bands.  A'  I  had  puMished 
it^  I  most iMPre answered  fbr it;  erifthething 
knd^bten  whole  and  mtne^l  must  have  an- 
bttti«v<^ese4Mia|#iicfcr  shewed 


1683.— Trjai  of  Algernon  SUkuy,      [8S0 

any  body,  thaiti  ^iftkddeanotalalfooneeni 
me.    And  I  say,  if  the  jury  shovtd  ftid  il 

Srhich  is  impossible  they  can)  I  desire  to  have 
e  law  reserved  unto  me. 
Solicitor  General,  Hy  lord^  and  yon  gentle- 
men of  the  j^ury,  the  evidence  bath  oeen  long; 
but  I  -will  endeavour  to  repeat  it  as  fadthfViUy 
as  I  can.  The  crime  the  prisoner  studs  ao- 
oused  for,  is  compassing  and  imagining  the 
death  of  the  king.  Thai  which  we  go  about 
to  prove^  that  compassing  and  imagining  hy, 
is  by  his  meeting,  and  consulting  hew  to  raise 
arms  against  the  king,  and  by  plain  ma^t^  is 
writing  under  his  own  hand  wliere  he  does 
affirm,  it  is  lawful  to  take  away  and  destroy 
the  king.  Gentlemen,  I  will  begin  with  the 
first  part  of  it,  the  meeting  and  oonsnltatien  le 
raise  arms  against  the  kmg.  The  prisoner, 
gentlemen,  hath  endeavourod  to  avoid  the 
whole  force  of  this  evidence,  by  saying,  that 
this  in  point  of  law  can't  affect  him,  if  it  vrero  all 
proved ;  for  this  does  not  amount  to  a  proof  of 
nis  compassing  and  imagining,  the  death  of  the 
king,  and  he  is  very  long  m  interpreting  the 
act  of  parliament  to  you  of  85  Edw.  3,  and 
dividing  of  it  into  several  members  or  brandies 
of  treason ;  and  does  insist  upon  it,  that  though 
this  should  be  an  ofl^ce  within  one  bzaneh  of 
that  statute,  yet  that  is  not  a  proof  of  thd  otiier, 
which  is  the  branch  he  is  jnoceeding  upon, 
that  is  the  first  clause  against  the  cempassiqg 
and  imagining  the  death  of  the  Idi^.  And, 
says  he^  conspiring  to  levy  war  is  not  so  mudi 
as  one  brancn  of  that  statute,  but  it  mual  he 
war  actually  levied.  This  is  a  matter  he  is 
wholly  mistaken  m,  in  point  of  law.  It  hath 
been  adjudged  over  and  over  agam,  that  an  act 
which  is  in  one  branch  of  that  statute,  may  he 
an  overt-aet  to  prove  a  man  guilty  of  another 
branch  of  it.  A  levying  war  is  an  overt-act  to 
prove  a  man  gniltjr  of  conapirmg  the  death  of 
the  king.  And  this  was  adjudged  in  the  cnae 
*  of  sir  Henry  Vane,  so  is  meeting  and  consult- 
ing to  raise  arms;  and  reason  dees  plainly 
sp^ak  it  to  be  so ;  for  they  thkt  oon^ire  to 
raise  war  against  the  king,  can't  be  presumed 
to  stop  any  where,  till  they  have  detnroned  ar 
murdered  the  king.  Gentlemen,  1  won't  he 
long  in  citing  authorities,  it  hath  been  settled 
lately  by  all  the  judges  of  England,  in  the  case 
of  my  lord  Russiell,  who  hathjBuffered  for  this 
conspiracy.  Thovforo  that  point  of  law  will 
be  vCTy  plain-  against  the  jprisoner.  He  hath 
mentioned  some  other  things,  as  that  there 
must  be  two  witnesses  to  every  particular  fact, 
and  one  witness  to  one  fact,  and  another  to  aa- 
other,  is  not  sufficient;  it  hath  been  very  often 
objected,  and  as  often  over-ruled :  it  was  ov^r- 
ruled  solemnly  in  the  case  of  my  lord  Stafford. 
Therefore  if  we  have  one  witness  to  one  overt- 
act,  and  uioCher  to  another,  they  will  be  twe 
witnesses  in  law  to  eonvict  this  prisoner.  In 
the  first  part  of  our  evidence,  wo  give  you  an 
account  of  the  geneml  deugn  of  an  insurrec* 
tion  that  was  to  have  been,  that  this  was  con- 
trh^  irstf  Witon  my  lord  fStMe^vry  was  in 
£ngkiid,  that  after  my  hrd  ShafWabaiy  waft 

3 


881]  XTATE  TJtIAL9»  35  CHAttBsIL  m3.^0r  Bigk  Thit$m 


[Mt 


gwie,  the  bwincn  did  not  frll,  bat  tbey  thoa]|;bt 
fit  to  revive  it  a^in,  and  that  ihej  might  carry 
it  on  the  more  steadily,  th^y  did  contrive  a 
oonncil  among  tbemselTes  of  six,  whereof  the 

Sriaoner  at  the  bar  was  one.    They  were  the 
nke  of  flf<^niBOttth,  my  lord  of  Easex,  my  lord 
Howard,  my  lord  RaaseU,  the  prisoner  at  the 
bar,  and  Mr.  Hambden.   This  council  they  con- 
trirad  to  manage  this  affair,  and  to  carry  on 
tbdt  design,  that  seemed  to  fall  by  the  death  of 
my  lord  of  Shaftesbunr,  'and  they  met ;  this  we 
give  you  an  account  oi^  first  by  witnesses,  tb<t 
ffrnve  yon  an  account  in  general  of  it.    And 
ilieii^  they  were  not  privy  to  it  yet  they  heard 
of  this  council,  and  that  col.  Sidney  was  to  be 
one  of  this  council.    This,  gentlemen,  if  it  had 
stood  alone  by  itself,  had  been  nothing  to  afieet 
tiie  prisoner  at  all.    But  this  will  shew  yim, 
tint  it  was  disconned  amonif  them  that  were 
in  this  conspiracy.    Then  my  lord  Howard 
ffives  you  an  account,  that  first  the  duke  of 
Monmonth,  and  he  and  colonel  Sidney  met,  and 
it  was  agreed  to  be  necessary  to  have  a  council 
that  should  consist  of  six  or  seven,  and  they 
were  to  carry  it  on.    That  the  duke  of  Mon-, 
month  undertook  to  dispose  niy  lord  Russdl  to 
hf  and  colonel  Sidney  to  dispose  the  earf  of 
Bssex,  and  Mr.  Hambden ;  that  these  ffentle- 
Bicn  did  meet  accordingiy,  and  the  euMtance 
flf  their  discourse  was,  takW  notice  how  the 
design  had  laDen  upon  the  death  of  my  lord 
Shulelmry,  that  it  was  fit  to  carry  it  on  before 
men's  inclinations  were  oodl,  ibr  they  found 
thi^  were  ready  to  it,  and  had  great  reason  to 
believe  it,  because  this  being  a  business  com- 
municated to  so  manV)  yet  for  all  that  it  was 
kept  very  secret,  and  no  body  had  made  any 
mention  of  it,  which  they  looked  upon  as  a  cer< 
tain  argument  that 'men  were  ready  to  engage 
in,  it.    This  encouraffed  them  to  go  on  in  tms 
nonspiracy.     Then  when  the  six  met  at  Mr. 
Bambden's  house,  they  debated  concerning  the 
pbce  of  rising,  and  the  time ;  the  time  the^ 
conceived  must  be  suddenly,  before  men^s 
minds  were  coot,  for  now  they  thought  they 
were  i«ady  md  very  much  disposed  to  it ;  and 
Ibr  place   they  had  in  debate,  whether  they 
riMMUd  rise  first  in  the  to%vn,  or  in  the  country, 
or  both  together.    And  for  the  persons,  they 
thought  it  absolutely  necessary  for  them  to 
Imve  the  nnited  councils  of  Scotland  to  join 
with  them,  and  therefore  they  did  refer  this 
matter  to  he  better  considered  of  another  time. 
And  they  met  afterwards  at  my  lord  Russell's 
bodse  in  February,  and  there  they  had  dis- 
course to  the  same  purpose.    But  there  they 
began  to  consider  with  uiemselves,  being  they 
vers  to  dwtroy'tfais  government,  what  they 
ihoiild  set  up  in  the  room  of  it,  to  what  purpose 
they  encased.    For  they  did  very  wisely  con- 
alder,  vtuM  be  only  to  serve  a  torn,  and  to 
make  one  maii  great,  this  will  be  a  great  bin- 
demnee  in  their  a£bir,  therefore  they  thought 
it  was  neceanry  to  encage  upon  a  pubhc  ac- 
count, and  to  resolve  Jl  into  the  anthocity  of 
pnrliMBeBt,  which  surely  they  either  thought 
IS  fcvee  the  king,  to  ciill,  or  otherwise  th«t  the 


people  might  call  a  parliament,  if  the  king  f«» 
rased,  and  w6  they  choose  their  own  head*. 
But  still  they  were  n|ion  this  point,  that  it  wae 
necessary  for  their  f nends  in  Scotland  4o  have 
their  councils  nnited  with  them,  and  in  order 
to  that,  it  was  necessary  to  contrive  some  way 
to  send  a  meaoenger  into  Scotland,  to  bribg 
some  men  here  to  treat  and  consult  about  it^ 
and  colonel  Sidney  is  the  man  that  does  engage 
to  send  this  messenger,  and  he  had  a  man  very 
fit  for  his  turn,  that  is  Aaron  Smith,  whom  he 
could  confide  in,  and  him  he  undertook  to  send 
into  Scotland.    This  messenger  was  to^  fetch 
my  Jord  Melvin,  the  two  Campbells,  and  sir 
Jonn  Cockram ;  colonel  Sidney  as  he  engaged 
to  do  this,  so  aflerwards  he  did  shew  to  mj 
lord  Howard  moni^y,  which  he  affirmed  wai 
for  that  business ;  be  says  it  was  of  a  sum  about 
sixty  guineas,  and  he  believes  he  gave  it  hirOy 
for  that  colonel  Sidney  tokl  him,   Aaron  Smitli' 
was  gone  into  Scotland ;  that  the  pretence  was 
not  barefaced  to  invite  them  oi^er,  to  consult  of 
a  rebellion,  but  to  consult  about  the  btcdness  of 
Carolina,  being  a  plantation  for  the  persecuted 
brethren,  asythey  pretended  in  Scotland.  Gen* 
tlemen,  these  (Scotchmen  that  were  thus  sent 
for  over,  thev  came  accordmgly,  that  is,  the 
two  Campbells,  and  sir  John  Cockram,  and 
the  discourse  with  sir  Andrew  Foster  was  ae- 
cording  to  this  cant  that  was  agreed  on  before* 
hand,  concerning  a   pivitation  in    Carolina. 
This  was  that  that  was  pretended  for  their 
coming  hither ;  but  the  true  errand  was,  die 
business  of  -the  insurrection  intended,  g:ende-> 
men,  that  they  caine  upon  such  a  design,  is  * 
evicient  from  the  circumstances;  they  came 
about  the  time  the  business  brake  out,  and  in 
that  time  snsptciouslY  chan^ng  their  lodgin^y 
they  were  taken  making  their  escape,  and  thm 
at  a  time  before  it  was  probable  to  be  known 
abroad  that  these  men  were  named  as  part  of 
the  conspirators.    These  things  do  very  much 
verify  tne  evidence   m^  lora  Howard  hath 
given,  and  there  is  nothmg  has  been  said,  does 
at  all  invalidate  it.     The  sending  of  Aaron 
Smith  into  Scotland,  and  bis  "^ing,  and  the 
coming  of  these  men,  and  their  endeavouring 
to  miS^e  tiieir  escape,  are  mij^hty.  concurrent 
evidences  with  the  whole  evidence  my  lord 
Howard  has  given.    Now,  what  objections  iftM 
made  against  this  evidence?    Truly  none  eft 
all.    Here  are  persons  of  great  quality  have 
given  their  te^mony,  and  £ey  do  not  impeach 
uYy  lord  Howard  in  the  least ;  but  some  do  ez«^ 
tremely  confirm  the  truth  of  my  lord  Howard* 
My  lord  Anglesey  gires  you. an  account  of  n 
discount  at  my  lord  of  Bedford's,  that  my  lor^ 
Howard  came  in  and  that  my  lord  Howard 
should  there  comfort  my  lord  of  Bedford,  and 
enlarge  in  the  commendatiotassof  his  son,  and 
say  he  was  confident  he  knew  nothing  of  the 
desi^,  and  be  most  be  innocent    Gentlemep, 
this  IS  tlie  nature  of  the  most  part  of  the  evi* 
denoe.    My  lord  of  Clare  his  evidence  b  much 
the  like,  that  is,  his  denying  that  he  knew  of 
any  plot    Now  here  is  my  KHrd  Howard  under 
a  gmit  of  high-treason;  for  hewatone  of  thoM 
SL 


t»]     STATE  TRIALS,  S5  CtK  A|tL»  11.  iStS^^Tria^ff  A/germm  SUkug,      [&M 


— pqwfttew  not  yd  dncorftvii,  nor  no  eri* 
4eiiGe  of  afty  dwewirie  leadiai^  to  aoy.tbiiy 
4b«t  Bbould  give  oocasipn  to  him  to  ftrotett  his 
iBoooaiey  >  imd  n^g  he^  I  know  nothiog  of  the 
plot  You  wodid  hare  wondered  if  he  should 
MTe  beta  talking  in  aUplaees  his  koowledee, 
«nd*deelaring  himself:  His  denyiojp  of  ii  oodor 


ed  and  taken  lor  it    Here  Mr.  Philip  Howard 
oays,  he  had  oereral  disoonrses  with  ntm  about 
this  business,  upon  the  breaking*  out  of  the  {dot, 
and  that  he  aovised  him  to  make  an  address, 
and  that  this  was  a  tiling  that  would  be  very 
aceeptable,  and  Yery  much  ibr  their  Wndication ; 
and  my  lord  Howard  (he  says)  thanked  him 
ibr  his  Terr  good  adrioe,  and  said,  ne  would 
feUow  it:  And  presently  after,  when  my  lord 
Runell  was  apprebenifed,  Mr.  Howard  tells 
him  the  news,  that  tany  lord  Russell  was  appre- 
hended ;  this  was  sadden  to  him.    And  what 
says  he?  We  aVe  all  iJtadone.    When  my  lord 
'  Rossdl  that  was  one  of  this  council,  that  was  a 
0ocret  council,  and  could  not  be  traced  but  bv 
■ome  of  themselves,  when  he  is  apprehended, 
then  he  figdls  out  into  this  expression,  we  are 
all  undone..    This  is  an  argument  my  lord 
ff oward  had  guHt  upon  him.    For,  why"  Were 
they  alt  undone,  that  my  lord  Russell  was  ap- 
pranended,  any  more  than  upon  the  appre- 
hendhig  the  rest?  Yes,  because  my  lord  was 
one  of  the  six,  and  now  it  was  come  to  the 
knowing  of  that  pnt  of  the  conspiracy.    It 
was  traced  to  the  council  of  six,  which  in  all 
IBc^ibood  would  break  the  neck  of  the  design* 
Now  though  he  put  it  off  afterwards,  saying, 
'  I  believe  It  a  sham  plot,'  yet  this  was  but  a 
trivial  put-ofll    And  then,  when  colonel  8id- 
n^is  taken,  the  satae  witaess  Mr.  Howard 
teOs  you,  my  lord  was  very  sad  and  melan- 
choly ;  lift*  then  he  had  greater  reason  to  lie 
linder  ad   apprehension  of  Mng  detected. 
TherefoK,  ffentlcmen,  tibis  will  ra£er  copfirm 
•  the  truth  of  the  evidence,  dian  any  way  im- 
peach it     Then  (for  I  wouM  Repeat  it  allj 
though  I  think  it  had  no  great  weight  in  it) 
Dr.  Bomet  says,  that  after  the  plot,  my  lord 
Howard  pretended  he  knew  uf  no  plot    This 
Si  no  more  than  was  testified  by  the  other  lords 
hefore ;  and  aH  it  fanports,  is,  that  my  lord  did 
ai»t'  discover  himself  to  Dr.  Buraet.     But  I 
wottUf  fiuo  know,  H  my  k>rd  had  told  Dr.  Bur- 
aet^ had  it  not  argued  that  he  had  great  cenfi- 
deftoein  him^thathe  thought  him  a  man  fit  to 
be  intrusted  with  sueh  a  secret f  And  unless  the 
doctor  desires  to  be  thought  such  a  man,  him^ 
ielf  must  own  it  is  no  ohyeclion,  that  my  knd 
Bowatd  did  not<tell  him.    Ducas's.  testimony 
is  no  more  neither^  that  he  protested  he  was 
famocent,  and  believed  ooloneF  Sidney  wasin-^ 
Meent,  and  this  ^ras  before  my  lord  Howard 
disoovered  any  thing  of  this  plot    Then  colo- 
nel Sidney  objc^,  this  is  by  malice^  my  lotd 
Howard  owes  him  money,  and  seeks  to-  pay 
his  debts  by  taking  away  his  life;   and  in  fur- 
ther prosecutioa  of^diis  maHce,  would  hav» 
upon  his  gisods.    But  the  tvidence  doe* 

I 


not  raieeiw.fueh  ootis^nction,  for  sty  )or4 
Howard  only  offered  colonel  Sidney  the  civility 
of  his  house  to  protect  his  plate  and  goods. 
Now,  gendemen,  there  were  two  ether  wit*, 
nesses,  my  lord  Paget  and  Mr.  Edward  How- 
ard; but  they  say  no  more  than  the  rest  of 
them,  that  he  did  protest  his  innocency ;  and 


theguiltwbenhewasnotaucUsedjisnothing  to  I  Mr.  Howard  says,  ne  advised  htm  to  make  an 
his  confession  when  he  comes  to  be  apprehend-  ^  address  to  the  khig.    This,  gentlemen,  1  ror 


Iher  pi 
Mnad  1 


peat,  not  that  it  is  material,  but  for  no  other 
reason,  than  because  colonel  Sida^  had  pro- 
dnced  it ;  and  so  we  are  to  think,  be  intended 
to  make  some  use  of  it ;  but  I  cannot  see  any 
inference  to  be  drawn  from  it    There  is  una 
witness  more,  and  that  is  Mr.  Blake,  to  the 
credit  of  my  lord  Howaid,  who  comes  here, 
and  says,  that  when  he  discoursed  about  a  par- 
don, my  loird  shouM  say,  tliat  he  had  a  warrant 
for  his  pardon,  but  that  he  had  not  yet  passed 
it,  and  could  not  yet ;  and  he  apprehended  the 
reason  was,  because  the  drudgery  of  swearing 
was  not  over.    But  this  is  but  what  my  kMo 
Howaird  had  conjectured:  First,  it  does  not 
appear,  that  there  is  any  promise  of  pardon  at 
all  to  my  lord  Howard,  on  any  terms  imposed 
on  him.    In  the  next  plaoe,  wnaterer  cKpeeta- 
tion  he  has  of  a  pardon,  he  cannot  reasonably 
hope  for  it  without  making  a  clear  disooyeryeir 
all  he  knows :  For  to  stifle  the  eviienoe  he  jisb 
given,  is  not  a  way  to  deserve  a  pardon  of  -his 
prince.    Therefore,  gentlemen,  wjiatercr  ex? 
pressions  were  used,  though  be  called  it  the 
drudgery  of  swearing,  however  unwilling  he  m 
to  come  to  it,  and  though  he  eires  it  very 
many  hard  names,  and  might  Sunk  it  ypcj 
harsn  to  come  and  own  himself  to  he  one  of 
the  conspirators,  it  might  be  irksome,  and  very 
irksome^  >yet  none  ol  them  tell  you,  that  my 
lord  Howard  should  say,  that  what  he  had 
said  was  not  true.     Now  he  has  cooie  aii& 

S'ren  his  evidence,  and  you  havo- heard  ali 
ese  olgections  against  it,  and  not  one  of  tbeia 
touch  it  in  the  Keut. 

I  come  in  the  next  place  to  the  other  part  o€ 
the  evidence^  the  papers  found  in  celootti  Sid- 
ney's  house.    And  in  the  first  plaoe  he  (dgeclSy 
they  cannot  affect  him;  for^si^  he,  therein 
no  proof  they  were  found  in  my  hooae,  a». 
proof  they  were  written  by  me;  for  eomna-. 
risen  of  huids  that  is  nothing;  and  if  they 
were  proved  to  be  minej.it  is  nothing  at  all  ia 
thepurpose;  the^rareananswertoapolemiead 
discourse  wherewith  he-entertamed  hinsself  pii* 
vately  in  his  study.    Why,  you  have  observed,. 
I  know,  that  sir  Philip  lloyd  in  the  first  plaoe 
swears,,  that  by  warrant  from  the  secretary  lie- 
searehed  his  faiouse,  and  he  found  the  papctm. 
lying  upon  colonel  Sidney  ^s  table  in  his  stiidy» 
when  became  in  th^re;  and  there  is- no  gtound 
nor  colour  for  you  to  suspect  otherwise  thva 
that  they  were  there,  and  hb  found  theoithere* 
Fob  the  surmise  of  the  prisoner  at  the  bar,  that 
they  might  be  laid  there,  it  iaso  fordgn  and 
witfcout  ground,  that  by  and  by  you  wiU  ikiak 
there  is  nothing  at  all  in  it.    In  lae  next  plaos^ 
we  neove  eol.  Sidnejr'a  hand,  and  that  by  aik 
mttcbpronf  te  the  thing  is  oapahle  of;  «ndi  % 


M5}  STATE  TISALSk  S5  CnAmLES  II.  l6B$i^ftr  BigklittuM, 


(«86 


firbof  w  in  all  ones  hath  heen  allowed;  and 
that  b,  fhmneu  to  come  that  know  and  are  ac- 

Sainted  with  the  band-writiiig',  and  swear  tbev 
ow  bb  hand-writings,  and  they  believe  this 
to  be  hia  hand.  Yon  have  beard  from  Mr. 
Shcnpard,  a  maothat  n«ed  to  transact  busineaa 
Ar  nun,  pay  money  4br  iiira ;  and  Mr.  Cook 
imd  Bfr.  Cary ,  men  of  known  credit  in  the  dtv 
of  London,  that  have  had  the  Kke  dealings  with 
col.  Sidney,  and  they  swear  this  is  his  hand- 
uniting',  as  they  rerity  believe.  80  that,  gen- 
4l«nien,  this  proof  to  yon  of  col.  Sidhey'shand* 
writing  does  Ferify  sir  Phik p  Llovd,  that  these 
fMipem  must  be  found  there,  if  col.  Sidney  writ 
ihetn;  and  then  this  being  founds  that  they 
were  writ  by  him,  the  next  ttiing  will  be,  how 
Alt  this  will  be  an  evidence  to  prov^his  com- 
passing and  imagining  the  dealth  of  the  king. 
Compaasinjg  and  imagining  the  deadi  of  the 
kmg  is  tte  act  of  the  mmd,  and  is  treason 
whine  it  remains  secret  in  the  heart,  tliough  no 
aoch  treason  can  be  ponished,  because  there  is 
DO  way  to  prove  it ;  but  when  once  there  is  an 
OTert-actf^nat  is,  any  thing  that  does  manifest 
and  deelm  such  intention,  then  the  law  rakes 
bold  of  it,  and  punishes  it  as  high-treason. 

Now*aAer  this  evidence,  1  think  no  man 
will  doobt,  whether  it  was  in  the  heart  of  the 
wiiaoBtf  at  the  bar  to  destroy  the  ki^g.  liut 
ant  he  olgeds,  that  this  is  a  part  of  a  book, 
acnd  unicas  you  take  the  whole,  nothing  can  be 
Biadeofit:  as  it  is  in  wresting  of  tests  of  scrip- 
f  tiire,  sayahe^  yoo^may  as  wdl  say,  that  David 
pm,  there  is  no  God,  because  David  hath  £aid, 
The  ibol  hath  said  in  his  heart,  there  is  no  God. 
Bnt,  Gentlemen,  the  application  will  not  hold ; 
feryon  see  a  long  disciMirse  hath  been  read  to 
you,  a  eontinued  thread  of  aigoment ;  it  is  not 
one  proDoaition,  but  an  whole  series  of  ai]^- 
aent :  mese  are  the  positions,  *  That  the  king 

*  derives  ail  his  power  from  the  people ;  that  h 
'  la  OriginaUy  in  the  people,  and  that  the  mea- 

*  sore  of  sun|ection  must  be  adjudged  by  the 
'  parliameot ;  and  if  the  king  does  iall  from 
*_  doing  his  duty,  he  must  expect  the  people  will 

*  exact  it.'  And  this  he  has  laid  down  as  no 
Way  ptejudicial  to  him ;  for  says  he,  the  kin^ 
nay  refuse  the  crown,  if  he  does  not  like  it 
vpoo  these  terms.  But,  says  he,  if  he  does  ac- 
cept it,  he  must  expect  the  performauoe  will 
l>e  exacted,  or  revenge  taken  by  those  he  hath 
betrayed.  Then  next,  he  sets  up  an  olgection, 
•and  theaargoes  against  it:  ay,  bnt  f^iall  the 
people  be  judge  in  their  own  cause  ?  and  thus 
he  answers  it.  It  must  be  so:  for  is  not  the 
-king  a  judge  in  his  own  cause?  how  can  any  man 
^se  be  trim,  or  convicted  ot  any  offence,  if  the- 
Idng  mayjiet  be  judge  in  his  owu  eanse.^ 
ibr  to  aqittdge  by  a  man's  self  or  by  his 
deputy,  is  the  same  tlmg ;  and  9q  a  crime 
l^^minst -the king«annot  be  punished.  And  then 
he  takes  notice  of  it  as  a  very  absurd  position, 

*  That4heking«hall  jodtfe  m  his  owa  cause, 

*  and  notthe  people.'  That  would  be  to  say, 
The  senraot  entertained  by  the  master  shall 
jodge  the  master,  but  the  master  shall  not  judge 
4ie  jerraBt    fitatkncD,  after  this  sort  of  ar- 


gument he  comes  to  this  settled  poai&Ni,  *Mfk 
'  may  tlierelbre,  says  be,  change  or  take  away 
<  kings,  (witliout  brealdDg  any  yoke,  or  that  * 

*  made  a  yoke  -,)  the  injury  is  therefore  in  im- 

*  posing  the  yoke,  and  there  cau  be  none  at  all 
Mn'br^inff  of  iu'    Bui. he  goes  on, in  his 
book,  and  that  is  by  way  of  answer  to  aiK  ob- 
jection, ti.at  if  there  be  no  injury,  yet  there  may 
be   inconvenience,  if  tlie  headless  nraltitude 
sfaouU  shake  off  the  yoke.    But,  says  he, 't- 
would tain  know  how  the  -multitude  comes  to 
be  headless  ;  and  there  he  gives  you  many  ii^ 
stances  in  story,  and  from  foreign  nations  he 
comes  home  to  the  Engli^,  and  t«Us  you  how 
ail  rebeilicns  in  later  ages  have  been  headed: 
and  tells  you  the  parliament  b  the  head,  or  tt^ 
nobility  and  genti^  that  compose  it ;  and  when 
the  king  fails  in  his  d^ity ,  the  people  may  'dH 
it.    The  multitude  therefore  is  never  headiest, 
but  they  either  find  or  create  an  hcAd,  so  that 
here  is  a  plain  and  avowed  principle  of  rebaUion 
estaUished  upon  the  strong«it  reason  be  has  to 
back  it.    Gentlemen,.this  with  the  other  evi- 
dence that  has  been  given,  will  be  sufiicieiit  to 
prove  his  compassing  the  death  of  the  king;. 
You  see  the  affirmations  he  makes ;   when 
kings  do  break  their  trust  they  may  be  called  to 
account  by  the  people.    This  is  the  dootrine  he 
broaches  and  argues  tor:  he  says  in  his  book, 
in  another  part,  that  the  calling  and  dissolving 
of  pariiamtots  is  not  in  the  king's  power. 
Gentlemen,  you  all  know  how  many  narlia* 
ments  the  king  hath  called  and  dissolved  ^  tf  it 
be  not  in  his  power,  he  hath  done  that  that  was 
not  in  his  power,  and  so  contrary  to  his  tnul* 
Gentlemen,  at  the  entrance  into  this  con^iiaqgr^ 
they  were  under  an  apprehension  that  uSam 
liberties  were  iuvaded,  as  you  heard  in  the  evi- 
dence from  my  lord  Howard,  that  diey  wen 
just  making  tne  msurrection  upon  that  tumul- 
tuoos  opposition  of  electing  of  snerifis  In  Lon- 
don.   Tney  enter  into  a  oqpisultatbn  to  raiae 
arms  against  the  king ;  and  it  is  protLod'  by  my 
lord  Howard,  that  the  prisoner  at  the  bar  waa 
one.    Gentlonen,  woros  spoken  upon  a  snupoh 
sition  will  be  hi^-treason,  as  was  held  in  king 
James's  time,  in  the  case  of  Collins  in  RoU'e 
Reports,   *  The  king  being  excommunicate 

*  may  be  deposed  and  murdered,'  without  af» 
firnung  he  was  excommunicated ;  and  this  was 
enough  to  convict  him  of  bigb-treasoa.  Now 
acconlin^  to  that  case,  to  n^  the  kmjg  having 
broken  his  trust  may  be  deposed  by  his  people, 
would  be  h^  treason  ;  but  here  he  does  as 
good  as  affirm  the  king  had  broke  his  trust. 
When  every  one  sees  the  king  hath  dissolved 
parliaments ;  this  rednces  it  to  an  affirmation. 
And  though  this  book  he  no^brought  to  that 
oouncil  to  be  perused,  anid  there  delated,  yet  it 
will  be  another,  and  more  than  two  witnesses 
against  the  prisoner:  for  I  would  ask  any  man* 
suppose  a  man  was  in  a  room,  and  there  were 
two  men,  and  he  talks  with  both  apart,  and  he 
comes  to  one,  and  endeavoura  to  persuade  him 
that  it  is  lawful  to  rise  in  arms  against  the  king, 
if  so  be  he  break  his  trust;  and  be  should  go  to 
another  man,  and  tell  him  the  king  hath  brokoi 


-f 


M7]     SThTgTUJdJS,uCaAn^iUl6s$^Tria^^  Algeria  (iM 

one  ftayeraiMllifrloMigft  nan  to^lcidi  t 
my  lord*  tbk  mitttr  of  sir  Hoary  Vaaa  ia 
utterly  miiroproteiiled.-*— — 

JLCJ.l  must  tell  you,  geodoBoa  of  the 
jury,  that  what  the  prisoner  says,  that4i  not 
proved,  aad  what  the  kioff's  eooiMel  bavoaaii, 
of  which  ihere  is  no  proorto  make  it  out,  BMit 
not  bo  taken  uto  any  oonsideratioB. 

Sidney.  Then,  my  lord,  here  it  a  nlaet  or 
two  in  Old  Hale*8  [Uicmng  over  my  lord  Hak^ 
book]  for  the  overt-act  of  one  Irsaaou,  notheiaf 
an  overt-act  of  another,  yonr  hwdship  kaowa 
Coke  ano  Hale'awero  lioth against  it.  [Ha 
reads.]  Compassing  by  bare  words  ia  not  aft 
overt-act,  conspiringto  levy  war  is  no  overt-act. 

SoL  Oen.  I  desure  botone^rord  mora  lor  niy 
own  sake  as  well  as  the  prisoner^  and  that  is^ 
that  if  I  have  said  any  thing  that  is  not  Jaw,  or 
misrepeated,  or  misapplied  the  evidraoe  which 
hath  been  given,  I  do  make  it  my  homhle  re* 
quest  to  yoor  lordship  to  rectify  tlioae  miaiakea^ 
as  well  m  point  of  vm^  as  powt  of  law  ;  ftr 
God  forbid  the  prisoner  should  aoftr  by  any 
mistake. 

X.  C.  J.  Gentlemen,  the  evidenoe  baa  faesa 
long,  and  it  is  a  cause  of  mat  ooncemmoBtft 
and  it  is  far  ftom  the  thoughts  of  the  kiw,  or 
from  the  thoughts,  or  deaire  of  any  of  hia 
judffes  here  to  do  inatroroentd  to  take  awaj 
the li&  of  any  man,  that  by  law  hia  life  ought 
not  to  be  taken  away.  For  I  had  ra^ar  mmy 
guilty  men  should  eacajpe,  than  one  wM'H/tiit 
manaufier.  The queation  is, whetherupon d 
the  evidence  yon  have  heard  against  the  pii* 
sonor,  and  the  evidence  on  hia  behalf,  there  ia 
evidence  sufficient  to  convict  the  prieoaer  of  dm 
higb-treason  he  etanda  chaiged  with.  And  as 
you  must  not  be  moved  by  the  skaial  of  the  pri^ 
aoner  further  than  as  it  is  backed  with  proof; 
so  you  are  not  to  be  inveigled  by  any  insim^ 
ations  made  against  the  prisoner  at  the  bar, 
further  or  otherwise  than  as  the  proof  is  ma^ 
out  to  you.  But  it  is  usual,  and  it  ia  a  duty 
incumbent  on  the  king's  counsel,  to  unqg<e 
against  all  such  criminals,  whatsoever*  they 
observe  in  the  evidence  against  th^m,  and  Uke- 
wise  to  endeavour  to  give  anawers  to  the  ob^ 
jections  that  are  made  on  their  behalf.  Andl^ 
therefore,  since,  we  have  been  kept  ao  long  an 
this  cause,  it  won't  be  amiss  lor  use  (and  mr 


his  trust,  awl  )i^  must  seek  some  imr  to  redress 
-ourselves,  and  persuade  the  people  to  rise; 
these  two  witnesses  do  so  tack  this  treason  to- 
«itther,  that  thrv  will  be  two  witnesses  to  prove 
him  guilty  of  nigh-treason.  And  yon  have 
Jieard  on''  witness  prove  it  positively  to  you. 
That  be  consulted  to  rise  in  arms  against  the 
king,  and  here  is  his  own  book  says,  it  is  lawfhl 
for  a  man  to  rise  in  arms  against  the  king,  if  he 
brsak  his  trust,  and 'in  efiSet  he  hath  sud,  the 
Idnghath  broken  his  trust:  therefore  this  will 
•be  a  sufficient  demonstratk>n  what  the  imagina- 
iioo  of  the  heart  of  this  man  was,  that  it  was 
nothing  but  the  destruction  of  the  king  and  the 

fivenunent,  and  indeed  of  ail  governments, 
here  can  be  no  such  thing  as  government  if 
the  people  shall  beindoe  in  the  case :  for  Vhat 
so  uncertain  as  the  hoany  and  giddy  multitude  ? 
Gentlemen,  I  think  tliis  will  Iw  a  sufficient  evi- 
dence of  hb  consuldu^  the  death  of  the  king. 
You  have  here  the  prisoner  at  the  bar  that  is 
very  deep  in  it.  Indeed  some  men  may  by 
paasion  he  transported  into  such  an  ofTence,  and 
though  the  offence  be  never  the  leas,  whatever 
the  motives  are,  yet  in  some  it  is  lem  dangerous ; 
for  those  that  venture  upon  passion  to  raise 
commotions  and  rebellion,  are  not  always  so 
much  upon  their  guard,  but  that  they  may 
.make  some  false  steps  to  entrap  themselves. 
But  thu  gentleman  proceeds  upon  a  surer 
foundation,  it  is  bis  reason,  it  is  his  principle,  it 
is  the  guide  of  all  his  actions,  it  is  that  by 
.  vrhich  he  leads  andilirects  the  steady  course  of 
.his  life.  A  man  convinced  of  these  principlea, 
and  that  walks  accordingly,  what  won't  he  do 
.to  accomplish  his  desi^psP  how  wary  will  he 
•he  in  all  his  actions  ?  still  reasoning  with  bim- 
•aelf,  which  way  to  bring  it  most  securely 
about.  Gentlemen,  This  is  the  more  dangerous 
^nspiracy  in  this  man,  by  how  much  the  more 
it  is  rooted  in  him;  and  how  deq>  it  is,  you 
hear,  when  a  man  shall  write  as  his  principle, 
that  it  is  lawful  for  to  depose  kings,  they  break- 
ing their  trust,  and  that  the  revolt  of  the  whole 
nation  cannot  be  called  rebellion.  It  will  bo  a 
very  sad  case  when  people  act  this  according  to 
their  consciences,  and  do  all  this  for  the  good 
of  the  people,  as  they  would  have  it  thought ; 
but  this  is  the  principle  of  this  man.  Gentle- 
men, we  think  we  have  plainly  made  it  out  to 
you^  and  proved  it  sufficiently,  that  it  was  the 
imagination  of  his  heart  to  destroy  the  king, 
and  made  sufficient  proof  of  high- treason. 

Col.  Sidney^  Give  me  leave,  my  lord,  to  say 
a  very  few  words.  I  desire  Mr.  Micitor  would 
not  think  it  his  duty  to  taike  away  men's  lives 
any  how :  first  we  have  had  a  long  story — ^ 

L,  C.  J.  Nay,  Mr.  Sidney,  we  must  not 
have  vyiAff  and  revying,  I  asked  you  before 
what  you  nad  to  say  ;  the  course  of  evidence 
is,  amr  the  king's  counsel  have  concluded,  we 
never  admit  the  prisoner  to  say  any  thing. 

Sidney.  My  lord,  it  was  a  wise  man  said, 
'There  never  could  be  too  much  delay  in  the 
lifo  of  a  man :  I  know  the  king'a  counael  may 
oondnde,  if  they  please.  Mr.  Solicitor,  I 
would  not  have  hun  think  that  it  is  enough  by 


my 


brothers,  aathey  ahall  think  fit,)  to  famp  yi 
memory  in  the  tact,  and  discharge  that  duty 
that  is  inomnbent  upon  the  Coiut  as  to  thn 
points  of  law.  This  indkstment  is  tor  higli* 
treasoq,  and  is  grounded  upon  the  statute  of 
15  £dw.  3.  By  which  statute,  the  compassing 
and  imoffiningthe  death  of  the  king,  and  dm* 
claring  the  same  by  an  overt-act  is  made  higk« 
treason.  The  reaaon  of  that  law  was,  becau— 
at  common -law  the^  waa  great  doubt  what 
was  treason  ;  wherefore  to  reduce  that  high 
crime  to  a  certainty  was  that  law  made,  that 
those  that  were  guilty  might  know  what  to 
expect  And  there  are  aeveral  acta  of  parlia- 
ment made  between  the  time  of  £dw.  3,  and 
that  of  1  M.  but  by  that  atatUle  all  treaaoai 
that  aif  not  ^nnmerated  by  after^iM  of  par* 


m]  STl^Tfi  TRIALS,  SSCuAKtss  IL  l6u.r-^  JI^rA  Trutm. 


t»9d 


lia(B0iil  reiMin  as  they  wtre  deqlsr^  by  Ifail 
aiatale  of  95  Edw  8.    And  9fi  we  chalfeiigw 
and  other  mtteniy  insaelcd  upon  bv  thepriaoiier, 
left  «i  they  wete  at  the  time  of  that  act  t  I  am 
mkQ  to  leU  jou  that  in  point  of  law,  it  is  not 
only  the  opiuon  of  ua  here,  bnttiie  ofHnion  of 
them  that  sat  before  as,  and  the  opinion  of  all 
the  judges  of  £ngland,  and  within  the  memory 
of<many  of  you,  that  Ihongh  there  be  two  wit- 
aessea  required  topro?e  a  man  guilty  of  high* 
treason,  yet  it  is  not  neosasary  there  should  be 
two  witnesses  to  the  same  thing  aft  one  time, 
fiut  if  two  witnesses  prov^  two  several  laols, 
that  hafe  a  tendency  to  the  same  treason,  they 
are  two  witnesses  sufficient  to  oonviet  en  v  man 
of  hi|[h*treason.    Jn  the  case  of  my  hMrd  Staf- 
ford m  parliament,  all  the  judges  assisting,  it 
«s  nolonodily  known,  that  one  witness  to  a 
canspiracy  m  England,  and  another  to  a  oonsm- 
vacy  in  France,,  were  held  two  witnesses  sam- 
«ientlOicooviot  him  of  high^  treason.    In  the 
iMKt  place,  I  am  to  tell  j^ou,  that  though  some 
jwdgeahave  been  of  opinion  that  words  ot  them  • 
mtms  were  not  an  overt -act:   but  my  lord 
'Hale'a,  nor  my  lord  Coke,  nor  any  other  of  the 
«ag«a  of  the  law,  ever  questionod  but  that  a 
latter  wonU  be  an  trert-act,  sdffidicnt  to  prove 
.«  mangoilty  of  high-treason;  for  $cribereest 
4tgere,    Mr.  Sidney  says,  the  king  is  a  politic 
yeiisan ;  but  you  must  destroy  him  in  his  na- 
tmnlcapaciQr,  or  it  is  not  treason ;  hut  1  must 
Sell  you,  if  any  man  eompass  lo  imprison  the 
long,  it  is  hign-treasott ;  so  wis  the  case  of 
any  Jaid  Cobham.    And  my  lord  Coke,  when 
hb  says,  if  a  man  do  attempt  to  make  the  king 
do  any  thing  by  force  and  compulsion,  other* 
than  he  ought  to  do,  that  it  is  high- 
m  within  that  act  of  25  Edw.  3.  But  If  it 
an  indictment  only  for  the  levying  of 
^  there  nrast  be  an  actual  war  levied  ;  but 
is  an  indictment  for  coropassiDg  the  death 
of  the  kmg ;  and  the  other  treason,  mentiooed 
in  that  act  of  parliament  fhr  the  levying  war, 
may  be  given  in  evidemSe  to  prove  the  conspi- 
racy of  3ie  king's  death :  for  it  js  rightly  told 
you  by  the  king's  counsel,  that  tM  imagi- 
■ation  of  a  man's  heart  is  nift  to  bediacemra  ; 
hut  if  I  declare  such  my  imagination  by  an 
nvert-act,  which  overt-act  does  naturally  evmoe, 
that  the  king  must  be  deposed,  destroyed,  im- 
prisoned, or  the  like,  it  will  be  sufficient  evi- 
dence of  treason  within  that  act.    Ill  the  next 
fdaoe,  havinf^  told  you  what  the  law  is ;  for, 
gendanen,  it  is  our  duty  upon  our  oaths,  to 
oeoiare  the  law  to  yoo,  and  you  are  bound  to 
receive  our  declaration  of  the  law,  and  upon 
thia  dedaration,  to  inquire  whether  there  be  a 
6^  sttCdently  proved,  to  And  the  prisoner 
mihy  of  the  high -treason  of  which  he  stands 
Micted  :  and  for  that  I  must  tell  yon,  what- 
eiver  happens  to  be  hear-say  from  others,  it  is 
not  to  be  applied  immediately  to  the  prisoner ; 
hut  however  those  matters  tnat  are  remote  at 
i|rst  may  serve  for  this  purpose,  to  prove  therp 
was  generally  a  oonspiracy  to  destroy  the  king 
And  government :  and  for  that  matter,  yon  att 
moMMibwitiiiitheoQnstMitraleand  method' 


observed  about  the  Popish  Plot*  firrt  4»  Mdana 
the  evidence  of  the  Plot  in  general :  this  wa0 
done  in  ^at  famous  case  of  my  kird  Stafibrd  its 
parliament.  Oentlemeny  1  am  also  to  tell  yev, 
thb  alone  does  not  at  all  affect  the  prisoner  at 
the  bar,  but  is  made  use  of  as  a  cvoubmImioo' 
to  support  thp  credibility  of  the  witnesses ;  and 
is  thus  fii^  applioaMe  to  the  hnsinfM  Mbaa 
yoUf  that  it  is  plain,  by  (Persons  that  don*l 
touch  the  prisoner  at  the  bar,  (and  I  am  strry 
any  man  makes  a  doubt  of  it  at  this  time  aJT 
day)  that  there  was  a  conspiracy  to  kill  th« 
kinff  ;  for  after  so  full  a  proof  ip  this  jplaoe^ 
and  in  others,  and  the  executkm  and  oonfossloii 
of  several  of  the  offenders,  1  am  aurprised  to 
observe  that  the  prisoner  at  the  bar,  and  som# 
others  prssent,  seem  not  to  believe  it. 

But,  gentlemen,  you  hear  the  first  witneai) 
I  speak  of  West:  he  tells  vou  be  had  tbo 
honour  to  be  acquainted  with  Mr.  Sidney^  aliid 
that  he  had  discourse  with  Walcot,  a  peraoa 
connded  and  e^MCuted  for  this  horrid  oanspU 
racy.  Why,  says  he,  he  told  me  at  my  diam« 
her,  that  they  were  not  the  only  persons  >Mn- 
cemed,  but  that  there  were  other  persona  of 
great  quality  that  had  their  meetinga  for  the 
carrying  on  the  business  in  other  pfaboea.  And 
Ferguson,  that  was  the  ring-leader  in  thb 
conspiracy,  told  him  there  was  a  dssign  of  « 
genml  insurrection ;  it  waa  once  kid  dowm^ 
but  it  is  now  taken  up  again.  Tberearanther 
counselhMnsofgreatimportanoe;  andhenamet 
araongthe  rest,  theprisoner  atthebar.  Mr. 
West  goes  a  little  funber,  and  he  tells  you  dus  t 
says  he,  he  did  not  only  teHmeao,  but  timt 
there  was  a  design  to  coneifaate  a  eotrespond^ 
enca  with  some  persons  m  Scotland,  and  thcif 
were  to  do  it  under  the  cant  of  hayiii|^  hmn* 
ness  in  Carolina.  There  is  Mr.  Keehng,  hm 
tdlsyki too,  there  waa  adesignfor  agencrai 
and  pnblie  insurrection  ;  that  he  was  present 
with  the  Goodeooughs,  one  and  the  other,  and 
diat  dMvr  had  taken  upon  them  to  divide,  and 
did  dividEe  the  city  into  such  and  such  districts; 
and  what  was  the  business?  It  was,  that  them 
might  be  a  general  insurrection ;  might  be  ta 
insurrection,  not  only  to  destroy  the  kmg  and 
the  duke,  but  n»  destroy  all  the  king's  toyal 
subjects ;  and  in  taking  away  their  Uvas,  t* 
takeaway  the  life  nf  monarchy  itadf,  and  to 
subvert  the  rel^n  estabUsbedby  tew.  Theti 
comes  hi  col.  Knmsey,  snd  he.  gives  yoo  an 
account  that  he  had  bwd  ofaoch  thmga  m 
Mr.  West's  chamber;  and  tells  yoo- he  had 
received  such  mteUigence.  And  all  thoM 
give  yoo  an  account,  that  there  waa  such  n 
design  to  killthekmg:  and  thisis  tiie  sob* 
stance  of  the  gaierd  evidence  prodooed  Si 
prove  die  conspiracy.  Then  to  make  this 
matter  come  home  to  the  prisoner  at  the 
hsr,  first  my^lord  Howard  given  yon  an  no* 
count,  and  does  directly  swear,  that  ahoot 
the  middle  or  latter  end  of  January  last,  ha 
happened  to  meet  with  cofonel  Sidney,  thapii- 
soner  at  the  bar,  and  the  dnke  of  AoBroondi 
(they  were  the  penons  first  began  lo  have  dis* 
coarse  about  this  natter)  and  bow  they  wmt 


1911      STATE  TRIALS*  95  Chaeles  IL  iS^S^TUd  if  Algernon  Siilasg.      [892 , 

Aftei  winds  ooniM  my  lord  Howin]  to  ttA,  6M* 
ney  at  wNDe  diitaoee  of  time,  and  he  eotaes  to 
Mm,  <lid  shews  him  fhreesoore  ^ioees,  tud 
told  him  be  was  gDing^  into  the  cttyj-aod  that 
tiiey  were  to  be  given  to  Aarbn  Smith.  'H« 
torn  yoQ  after  this,  that  he  had  some  other  dis^ 
course  about  a  fortnight  or  three  weeks  aiW, 
with  ooL  Sidney;  and  that  cohm^  Sidney  did 
take  notice,  that  he  had  sent  him,  and  that  he 
had  an  >iccountofhim,  as  far  as  Newcastle.  So 
that  it  is  Tery  plain,  that  it  was  not  sudden  and 
rash  thoughts,  it  is  a  httle  more  than,  acoord* 
ing  to  the  language  we  meet  with  in  some 
pamphlets  of  late,  more  than  heats  and  slirsb 
Gentlemen,  then  I  must  tell  you,  here  are  dr* 
cumstances  prored  in  pursuance  ot  this  desicn, 
fiw.sir  Andrew  FWer  informs  yon,  <hoW  mat 
sir  John  Cockram  and  the  Campbells,  and  one 
Monro,  as  I  take  It,  came  to  town,  and  diat  he 
had  discourse  with  some  of  them  about  their 
bnsinem  of  coming  oat  of  Soothmd ;  and  he 
saya,  they  prrtended  it  was  abirat  some  bnsi- 
ness  of  some  trade  to  Carolina,  which  does  sliR 
corroborate  the  evidence.  He  irila  yua  like* 
wise,  that  there  bemg  a  noise  of  diaoovmag 
the  plot,  they  be^rui  to  hide ;  sir  ^olm  Code- 
ram  began  to  bide,  and  aculk  from  place  to 
phu» ;  they  eome  first*  with  that  cant  m  tbsir 
mouths,  about  Candina;  the  messenger  Atler^ 
bury  telb  you,  when  they  came  to  take  these 
men,  how  they  shuffled  from  place  to  plaoow 
So,  gentlemen,  I  roust  Cell  you,  that  if  in  case 
there  be  but  one  witnem  to  prove  a  direct  trea^ 
son,*  and  another  witness  to  a  circumatmoe 
that  oontiibutes  to  that  treason,  that  wiU  mafcn 
two  witnesses  to  prove  the  treason :  Decaosel 
would  exntein  my  mind,  not  long  ago  all  the 
judges  or  England  were  comnumded  to  meet 
together,  and  one  that  is  the  senior  of  the  king's 
counsel  was  pleased  to  put  this  case:  If  I  Imy 
a  knife  of  J.  S.  to  kill  the  king",  and  it  be  prored 
by  one  wituess  I  bought  a  Imtih  for  this  pur- 
pose, and  another  comes  and  proves,  I  bouglit 
such  a  knife  of  J.  8.  they  are  two  wilneaoea 
sufficient  to  prove  a  man  grnltv  of  high  tree* 
son ;  and  so  it  was  held  by  all  the  judgea  of 
England  then  present,  in  the  jpresenoe  of  all  Ifan 
king's  counsJ.  And  thercnve  Mr.  Sidney  is 
mistily  mistaken  in  the  law:  For  in  case  of 
any  treason  (except  the  treason  at  the  bar)  or 
in  treason  for  dippmg  and  coining,  onO  witneaa 
is  sufficient  at  this  day.  Now,  gentlemen, 
supping  all  this  should  not  be  siifficient,  here 
is  a  libel,  and  it  is  a  most  traiterous  and  sedi* 
tiooB  libel.  If  you  believe,  that  that  wa^  colo- 
nel Sidney's  book,  wiit  by  him,  no  man  eaa 
doobt  but  it  is  a  sufficient  evid^oe,  that  be  m- 
guilty  of  compassing  and  imagining  the  dealli 
of  the  king ;  and  let  us  consider,  what  pftmf 
can  be  greater,  than  what  has  been  given  of  it. 
Mr.  Siieppard,an  intimate  acquaintance  of  hi% 
that  has  seen  him  write,  he  looks  upon  the 
hand,  and  says,  he  is  extremely  acqioaiited 
with  the  hand,  and  says  he,  I  hdieve  in  my  oon- 
science,  this  book  is  col.  Sidney's  hand.  Oen* 
tiemen,  do  you  expect  Mr.  Sidney  would  caU  a 
witoesitobehytoseehifflwntethat'book?    . 


adiaappointafent;  the  'diing  had  rfepta 
jfreat  while,  and  that  it  was  fit  it  should  be  re- 
vived Again ;  and  diat  persons  of  quality  were 
mentioned,  who  were  to  have  an  immediate 
care  in  the  carrying  on  of  the  business,  and 
that  it  shoold  not  be  divniged  to  too  many ;  ac- 
cordingly there  was'my  lord  Russell,  my  lord 
of  Essex,  my  lord  of  Salisbury,  and  Mr. 
Hambden  named.  He  tells  you,  the  prisoner 
^at  the  bar  undertook  for  my  lord  of  Essex,  and 
Mr.'  Hambden,  and  he  telb  you,  tlie  dipke'  of 
Monmouth  undertook  for  my  lord  Russell,  and 
the  rest ;  and  Aat  this  wa»  the  result  of  one 
meeting :  he  goes  yet  fwther,  that  pursuant  to 
this  it  wu  communicated'  to  those  persons  so 

^  to  be  engaged,  and  the  plaoe  and  time  was  ap- 
pointed ;  tM  place,  Mr  Hambden's  house ;  but 
R  is  not  so  positive  to  the  time,  but  only  to  the 
plaoe  and  persons.  He  says,  all  these  persons 
met,  and  ne  gives  yon  an  account,  that  Mr. 
Hambden  (because  it  was  necessary  for  some 
person  to  break  silence)  gave  some  short  ac- 
oennt  of  the  design  of  their  meeting,  and  made 
some  leflesons  upon  the  mischiefo  that  at« 
tended  the  government,  and  what  apprehen^ 
«ons  many  people  had  upon  the  late  choice  of 
ahnifls,  and  that  there  had  bean  a  mal-admi- 
mstration  of  puUic  justice ;  that  it  was  fit  some 
means  should  be  used  to  redreas  these  giiet* 
ances.  He  can't  tell  you  positively,  what 
this  man,  or  that  man,  said  toere ;  hut  says, 
that  all  ■  did  unanimously  consoit  to  what  was 
tfite  debated  about  an  insurrection;  and  in 
order  to  it,  they  discoursed  about  the  time 
when  it  should  be,  and  that  they  thought  fit  it 
should  be  done  suddenly,  whde' men's  minds 
were  wound  up  to  that  neight,  as  they  then 
were;  and  as  the  first  witnew  tells  yon,  there 
Was  a  considention,  whether  it  should  be  at 
one  phoe,  or  at  several  places  tc^^ether:  he 
aays,  dien  it  was  taken  into  consideration,  that 
"tfus  eould  not  be  carried  on,  but  there  must  be 
arms  and  ammunition  provided.  The  next  step 
•s,  about  a  necessary  concern,  the  concern  of 
money,  alid  therefore  our  hiw  calls  money,  the 
nnewB  of  war.  Mj  lord  Howard  teik  you, 
that  the  dnke  of  Monmouth  proposed  25  or 
dO,000/.  That  my  lord  Grey  was  to  advance 
10,000/.  out  of  his  own  estate ;  but  then  they 
thought  to  make  their  partv  more  strone  by 
the  assistance  of  a  discontented  people  in  Sc  t- 

*  land,  my  lord  of  Argyle^  and  sir  John  Cock- 
ram,  and  several 'oth^  people  there  to  join  with 
them.  .  That  pursuant  to  this,  they  all  after 
met  at  my  knd  Russell's,  and  the  same  -de- 
bate is  re-assumed,  and  among  the  rest,  this 
particiriar  thinp  of  conciliatinflr  a  friendship 
with  the  Scoteh  ;  the  Campbells,  iny  lord  of 
Argyle,  and  my  lord  Melvin  were  particularly 
mentioned.  Ibat  cotonel  Sidney  look  upon 
himself  to  find  out  a  messenger,  but  it  was  my 
lord  Russell's  part  to  write  the  letter;  one  of 
the  messengers  named  to  conre^  the  same  was 
Aaron  Smith,  he  was  known,  says  vny  lord 
Howard,  to  some  of  us;  and  then  we  all 
agreed,  that  Aaron  Smith  wa^  the  most  proper 
man;  tJpon  this  they  brake  op  that  veiy  time. 


^]  STATE  TRIALS,  35  Charlbs  II.  l685.— /vr  High  TV-eoAM.  ($94 


Ib  the  MZt  place,  too  banre  two  tradefmen, 
Coke  and  Cary,  aod  they  teil  yoii,  one  had 
aeen  Jnm  write  once,  the  other  Dad  seen  his 
haad-wittingy  and  Uiey.  both  believe  it  his  hand- 
writinif ;  and  they  have  good  reason,  for  they 
hav«  paid  several  sums  of  money,  upon  notes 
which  they  took,  as  well  as  this,  to  be  his 
hand-writing.  Gentlemen^  besides  that,  gtwe 
me  leav^^to  tell  yon,  here  is  another  things,  that 
makes  it  more  plain .  This  verv  book  is  found 
in  ooL  Sidney's  house,  on  the  table  in  his  study, 
where  he  used  to  write,  by  a  gentleman, 
Against  whom  colonel  Sidney  cannot  make  the 
least  objection ;  and  that  there  was  that  fairness 
oiinped  by  the  gentleman,  pray,  colondi  put 
yoor  seal  opon  it,  that  you  may  see,  that  no 
u^cuy  be  done  you  j  hot  Mr.  Sidney  WovAd  not 
doit  Therefore  be  se^  them  with  his  own 
seal,  and  cairies  them  to  Whitehall,  where  they 
were  broken  open,  and  si»'ears  that  those  pa- 
pers were  found  in  his  closet,  whereof  this  was 
000.  Another  thing  which  I  must  take  notice 
of  to  yon  in  this  case,  is  to  mind  yon,  how  this 
book  ooQtains  all  the  malice,  and  rev«ige,  and 
treason^  that  mankind  can  be  guilty  of:  It 
fixes  dM  sole  power  in  the  parliament  and  the 
people;  so  that  he  carries  on  the  design  still, 
for  their  debates  at  their  meetings  were  to  that 
purpose.  And  such  doctrines  as  these  suit  with 
their  debates ;  for  there,  a  general  insurrection 
was  dengned,  and  that  was  discoursed  of  in 
this  book,  and  encouraged:  They  must  not 
siveift  aa  ill  name :  It  most  not  be  called  a  ve- 
Mtisn^it  bttBgtiie g^eral act  of  the  people. 
The  king,  it  aays,  is  responsible  to  them,  the 
king  is  Uil  their  trustee ;  that  he  had  betrayed 
hi»truit»  be  had  mi8goyenied,and  now  he  is  to 
give  it  op,  tibat  they  may  be  all  laxifn  them- 
selvet.  Qentlemen,  I  most  tell  yoo,  1  think  1 
ongbt  inore  than  ordinarily  to  press  this  unon 
you»  because  I  know  the  misfortune  of  the  late 
unhappy  rebtdlion,  and  the  brinffing  the  late 
blesitp  king  to  the  seafibbl  was  nrst  begun  by 
such  kind  w  principles :  They  cried,  ne  had 
betn^^  the  trvwt  that  was  delated  to  him 
from  the  peapK*  Gentlemen,  m  the  next 
pUeo,'bcoaose  he  is  afraid  their  power  alone 
won't  do  it,  he  endeavours  to  poiion  men's 
judgOMBts ;  and  the  way  he  makes  use  of,  he 
eoloora  it  with  religion,  and  quotes  scripture  for 
it  loo:^  and  you  kiMW  bow  iar  that  went  in  the 
latn  times ;  how  we  were  for  binding  our  king 
in  ehiuns,  and  our  nobles  in  fetters  of  iron. 
GetttlemoBt  this  is  likewise  made  use  of  by 
him  to  slit  up  the  people  to  rebellion.  •  Gen- 
tlemaiy if  in casethe prisoner  did  design  the 
depoaing  the  Ung,  the  remoringthe  kio^ ,  and 
in  order  thereumo  he  be  guilty  of  conspiring  to 
levy  war;  or  as  to  the  letter  writ  by  my  kN*d 
itussell,  if  he  was  pnyy  toit,  these  wifi  te  evi- 
Aettoes  against  him.  So  that  it  is  not  upon  two, 
batitis.o^  greater  evidence  than  S3,  if  you 
bdiovn  diis  book  waa  writ  by  him.  Next  I 
must  tell  you,  gentlemen,  opon,  I  think  a  less 
iMfimnay,  an  imlictnisnt  was  preferred  against 
Ihn  late  kwd  ^Russell,  and  he.  was  theievpon 
oaBfidid  and  tODKnM  ;  of*  whioh  they  base 


farooffht  the  record.    These  sm  the  vvideaoM 
for  the  king. 

For  theprisMier,  he  hath  made  several  oUee-* 
tions  ;  as  that  there  was  no  war  levied :  For, 
that,  eentlemen,  at  the  besinnii^  bf  thecajoan 
I  told  you  what  I  took  the  Taw  to  be,  and  I  take 
itto  be  so  very  plainly.  But,  gendemen,  as  tt 
tlie  credibility  of  my  ford  Howard,  be  offers  you 
several  circumstances.  First,  he  offers  you  a 
noble  lord,  my  lord  Anglesey,  who  mvs,  that  hn 
attended  my  lord  of  j^ford,  uqpon  the  misfor* 
tune  of  the  imprisonment  of  his  son  ;  after  he 
had  done,  my  lord  Howard  came  to  second 
that  part  of  a  christian's  office,  which  he  had 
perlbrmed,  and  told  him,  he  bad  a  Tery  good 
son,  and  be  knew  no  harm  of  him ;  and  as  t# 
the  plot,  he  knew  nothing  of  it.  Another  nobfo 
lord,  my  lord  Clare,  tells  you,  tha$behad  som« 
discourse  with  my  lord  Howaid  and  he  said,  that 
if  he  were  accased,  he  thought  they  woold  but 
tell  noses,  and  his  business  was  done.  Then 
Blr.  Philip  Howard,  he  tells  you,  how  he  waa 
not  so  intimate  with  him  as  others,  but  he  often 
came  to  his  brother's  ;  and  that  he  should  say, 
lie  knew  nothing  ofa  plot,  nor  did  he  believe 
any  ;  but  at  the  same  time,  he  said  he  beUeved. 
there  were  a  sham  plot ;  and  then  he  pressed 
bim  about  tbebosioess  of  the  address  ;  botthat 
now  my  lord  of  Essex  was  out  of  town,  and  so 
it  went  off.  Another  thing  Mr.  Sidney  tooic 
notice  of,  says  he,  it  is  an  act  of  revenge  in 
my. lord  Howard,  for  he  owes  him  a.debt» 
that  he  does  (besides  by  his  allegation)  does  not 
appear. 

Sidney.  My  lord,  he  hath  confooed  it. 

X.  C  J.  Admit  it ;  yet  in  cas^  colonel  Sid* 
ney  should  be  convicted  of  this  treason,  the  debt 
accrues  to  the  king,  and  hecannot  be  nfor- 
thing  the  better  fSt  it.  But  how  does  it  lo^ 
bice  revenge  f  I  find  my  lord  Howard,  when 
he  speaks  of  colonel  Sidney,  says,  he  was  room 
beholden  to  him  than  any  body,  and  was  morn 
sorry  for  him ;  so  says  my  lord  Clare.  ^Qen* 
tlemen,  yoo  hare  it  likewise  offered,  that  he 
came  to  colond  Sidney's  house,  and  there  he 
was  desirous  to  have  the  plate  and  goods  re< 
moved  to  hi»  house,  and  tliat  he  would  assist 
them  with  his  coach  and  coachman  to  carry 
them  thither ;  and  did  affirm,  that  he  knew  dq^ 
thing  of  the  plot ;  and  did  not  b^eve  eokmcl 
l^dney  knew  any  thing ;  and  this  is  likewise 
proved  by  a  couple  of  maid  servants,  as  well  aa 
the  Frenchman.  "You  have  likewise  somethmsr 
to  the  same  purpose  said  by  my  lord  Paget,,  and 
this  is  offered  to  take  off  the  credibility  daxj 
brd  Howard.  Do  yoo  believe,  because  my 
lord  Howard  did  notteU  them,  I  am  in  a  con* 
spiracy  to  kill  the  long,  therefore  he  knew  no- 
thing of  it?  He  knew  these  persons  were  men 
4>f  honour  and  would  not  be  concerned .  in  any 
such  thing.  But  do  you  think  because  a  mail 
goes  about  nnd  denies  his  being  in  a.plot« 
uiereforebewasootinit?  N17,  it  seems  so  for 
from  being  sn  evidence  of  his  innocence,  that  It 
is  an  evidence  of  his  gnilt.  What  should  pro* 
voken  man  to  discourse  after  this  manner,  i£h» 
had  not  apprehansions  of  goilt  within  binvKlf  f 


Vlui  if  tile  tettoMiy  offered  njgdum,  my  lord 
Howird  in  dbparagemcnt  of  hit  evidoDce.  Ay, 
butfitfllieritiiolifected,  heiiia  cspeetation  of 
a  pardon :  and  be  did  tay,  be  thou^t  he  should 
Ml  have  the  Idng'v  pardon :  tfll  such  time  as 
IJhe  dradgenr  of  tweariitf  was  oTer.    Why, 

Entiemeo,  itekenotice,  uiefore  this  diacoane 
ppened,  he  swore  the  same  thing  at  mv  lord 
BimkIVs  trial.  And  I  mtiflt  tell  you,  though 
k  is  the  duty  of  erery  man  to  disoover  all 
tieaaoDs ;  yet  I  tdl  y6u  for  a  man  to  oome  and 
awearhimselfoTerandandofer  guihy,  in  the 
Ihoe  of  a  eourtof juatiee,  may  seem  irluomeaad 
mofoke  a  man  to  giro  it  suoh  ab  epithet.  It 
M  therefore  for  bis  credit,  that  he  is  an  unwil- 
ling witness :  but,  gentlemen,  consider,  if  these 
things  should  ha?e  been  allowed  to  take  away 
IheercdBbiltty  of  a  witness,  what  would  have  be- 
come of  the  testimonies  that  bare  been  given  of 
hteAm?  What  wouM  become  of  the  evidence 
of  an  those  tfiat  have  been  so  profligate  in  their 
fires  f  Would  you  hvwe  the  king^s  counsel  to  call 
Dane  but  men  that  weref  not  concerned  in  this 
plot,  toprore  that  they  were  plotting?  Av,but 
Mitkraen,  it  is  fVnrther  olgected,  this  haniflooks 
Bke  an  old  hand;  and  it  ma^  not  be  the  nri- 
tOMf'a  hand,  but  be  comifeerferted ;  and  for  tnat, 
Itareiia  gentleman,  who  teUs  you  what  a 
4eitrmis  man  he  is.  He  says,  he  belinres  he 
could  oonnterfoit  any  hand  in  half  an  hour ;  it 
{•  an  uglr  temptation,  but  I  hope  he  hath  more 
boneur  tnan  to  i;nake  use  of  diat  art  he  so  much 

ties  in.  But  what  time  could  there  be  for 
coimterfeitin^  of  this  book?  Can  you  ima- 
gine that  abr  Philip  LloTd,  through  the  bag 
aeaM  up,  did  it  P  Or  who  else,  can  you  ima- 
gine, should,  or,  does  the  prisoner  pretend,  did 
write  this  book  f  So  that  aa  on  one  side,  God 
IbrM  but  we  should  be  careftil  of  men's  lives, 
•0  on  the  other  side,  God  forbid  that  flourishes 
snd  tandahslMmkl  oOme  to  endanger  the  life  of 
llie  king,  Vfm  the  destruction  of  the  ^vemment. 
But,  gentlemen,  we  are  not  to  anticipate  yon  in 
point  of  feet,  I  have,  according  to  mjr  memory, 
tecapitttlated  the  matters  given  in  evidence,  it 
remains  puielT  in  yon  now,  whether  ^u  do 
believe  upon  tne  vrholo  matter,  thatthe  prisoner 
w  gvUty  of  the  high  treason  whereof  he  is  in- 

Joat  VfUhHu.  Geatlemeo,itisityoushould 
have  our  oninions ;  in  aO  the  points  of  law  we 
eoncur  with  my  lord  diief  juaiioe :  aays  eolond 
Sidney,  hereia  a  mighty  conspiracT,  but  there  is 
tiothingeomesof  it,  who  must  iw^tnankfor  that  ? 
Hone  but  the  Almigbty  Providence :  one  of 
Aemadvea  was  troubled  in  conscience,  and 
comes  and  diacoveratt ;  had  not  Keeling  dis- 
covered it,  God  knows  whether  we  might  have 
been  alive  at  this  day. 

Then  the  Jury  wMhdrew,  and  b  about  half 
aih  hour^i  time  fetnmed,  and  brought  thePri- 
coner  in,  Guilty.* 

'And  then  the  lieutanant  ofthe  Towertook 
nwBiy  ma  prisoner. 

•«— J^^— — ^1  I  »^—i — ■— ^^>M— .■.■MM— — ^»<.— .— 

*  It  lypears  tfaata  prosecution  was  instituted 
Ugaiait  one  Fofthi  a  joiner,  for  words  rsflocBog 


Monday,  Nor.  M,  IMS,  Algernon  Sidney, 
eaq.  was  brought  up  to  the  bar  of  the  court 
of  Kinff's-Bench,  to  raeetve  bb  Sentanee, 

h.  C.  /.  Bfr.  Attorney,  will  you  move  any 
thing? 

on  the  Jury  who  found  this  verdict.  1  have  not 
seen  any  report  of  the  trial  of  this  Foith,  hut  the 
Indictment  against  him  is  given  fTramainaQM^ 
as  follows: 

Rb^  v.  Forth. 

Pascb*  36  Caroli  Secundi. 

Midd<  ff. 
Quod  Tevmino  Sancti  Michaelis  Anno  RcffB* 
Dom*  Caroli  Secundi  nunc  Regis  AngI*  £c. 
35.  in  Cur*  dicti  Domini  Regis  nunc  oonun 
ipso  Rege  (eadem  Cor*  apud  Westm*  hi  C^m* 
Midd<  tunc  tent*  eiisten*)  <|uidam  Algemoa 
Sidney  nup'  d«  Paroch* Sancti MartiBi in  Cam* 
pia  in  Com*  M idd*  Ar*  per  qnibosdani  ahis 
p*ditionibus  peraon*  dicti  Dom*  Regis  nuae 
tanipen*  legitime  modo  indictat'^futtpoatoa^; 
scilicet  eodem  termino  Sancti  Michaefis  Anno 
suprad*  apud  Westm*  pred*  in  dido  Gem* 
Midd*in  pred*  Cur*  dicti  Dom*  R^gis  nimc 
pred*,  Algernon  Sidney  per  quondam  Jnr* 
patne  int*  dictum  Donunum  Regem  et  prcfot* 
Alffemon  Sidney  ca|it*  pro  altis  proditiomh*  pred* 
demtomodo  triat*  fuit  poeteaq;  conviot*  ct  at- 
tinct*  exist*  jirout  per  record*  £tp*ccps*  indeia 
eadem  Cor*  bio  plenius  apparet  et  quod  Aiex- 
ander  Forth  nup*  de  Parocti*  Sancti  Martmi  in 
Campiain  Com*  Midd*  JunetOr  premias*  pred* 
satis  aciens  Ac  earisten*  person*  malor*  aominis 
feme  et  conversation*  et  disposition*  inquieleao 
machinans  practicans  et  nequiasime  intsadens 
pacem  dicti  Domini  Regis  nunc  et  comimnMBa 
tranquillitatem  hiyus  Regn*  Anjifl*  in  ouletara 
molertare  et  pertuibare  Ac  triation*  pred*  cum 
veredict*  superinde  per  eodem  Domino  Rcge 
verausprefet*  Algernon  Sidney  reddit*  et  debit* 
legis  Cur&uro  in  ea  parte  ut  prefertor  hahii*  in 
maximum  odium  et  contempt*  et  vilipendittm 
cum  omnibus  ligeis  subdir*  dicti  Domiu  Regi* 
indncere  et  inferre  Ac  ad  persuadend*  et  can- 
sand  subdit*  died  Domuii  Re|ps  credere  ^nod 
triatio  pred*  indebite  habit*  fuit  £t  quod  nrad* 
Algernon  Sidney  immerito  obiit  ipae  pred*  Alex* 
ander  Forth  postoa  soiliopt  S9  die  Novenabris 
Anno  Regn*  dicti  Domini  Caroli  Sjeoondi  nunc 
Regis  Angl*et  35.  sup*d*  apud  Westm^ia  Com< 
pred*  ad  nequissiiqas  machination*  et  inlen- 
tiones  suaspred*  perimploid*  perfldead*  et  ad  c^ 
fectom  redigend*  cuidam  G.  CUsby  Gen*  aimer 
quoddam  Colloquium  de  et  conoemen*  veremc* 
tum  triaoon*  et  Jur*  pred*  cum  eodcns  O.  C. 
habit*  in  presentia  et  audttu  diversor*  ligeor^ 
subditor'  dicti  Domini  Regis  tunc  et  ibidem 
presen*  felao  ilfioite  injuste  nequit*  et  seditioae 
de  Jur*  pred*  qui  veredictum  pred*  verm  pred* 
Algernon  Sidney  pro  atta  proditMme  pred*  de* 
der*  dixit  aflirmant  et  alta  voce  declanvit  proof 
aequtturinhiis  Anglicanis  verbis  aequen*  videl*, 
*  G-«»ddainn  all  that  is  like  your  loggerbeaded 
*jui7,  that  brought  in  a  verdict'  fveredicinm 
pted*  venmsprsd  A.  S.  per  altn  p^iiiwir  pr>d* 


6fff]  STATB  TftlALS,  35  Charlbs 

Att.  Oen.  Mv  lord,  the  pirisoiierat  the  liar  is 
conricted  ofhigh  treason,  1  demand  judgtnent 


CI.  ofCr.  Algernon  tSdney ,  hold  up  thy  band. 

IWldeii  he  did.]  Thon  hast  been  ^indiMed  of 
igh  treoMn,  and  tberenpon  arraigned,  and 
thereunto  pl^ded  not  guilty,  and  for  thy  trial 
pnttiiyaen  apon  God  and  thy  country,  ivhich 
country  ha?  round  thee  guilty,  what  can'st  thon 
tfay  for  thysetf,  wliy  judgment  of  death  should 
not  be  given  against  thee^  and  execntion  aMiird* 
ed  aeoordiag  id  lav  ? 

Sidnfy.  My  lord,  I  hnmbly  conceive,  I  have 
iMtd  BO  trftd ;  I  was  to  be  tried  hj  my  conntt  y , 
1  do  not  find  my  country  in  the  jury  that  did 
Iry  me,  there  were  some  of  them  that  were  not 
freeholders,  I  think,  my  lord,  there  is  neither 
ktw  nor  precedent  of  any  man  that  has  been 
tried  by  a  jury,  upon  an  indictment  laid  id  a 
county,  that  were  not  freeholders.  So- 1  do 
humbly  conceive,  that  I  have  had  no  trial  at  all, 
^!o4  iff  have  had  no  trial,  therecan  be  no  judg- 
nfmt. 

L.  C.  J.  Mr.  Sidney,  you  had  the  opinion  of 
the  Court  in  that  matter  before :  we  were  una- 
nimous in  it,  for  it  was  the  opmlon  of  all  the 
judges  of  England,  in  the  case*  next  preceding 
VoUf's,  fbongh  that  was  a  case  relating  to 
Corporations,  but  they  were  of  opinion,  That  * 
hy  the  statute  of  queen  Mary,  the  trial  of 
treaiKm  was  put  as  it  was  at  eomniod  latv,  and 
that  there  was  no  such  challenge  at  common 
Isw. 

Sidney.  Under  favour,  my  lord,  T  presume 

i__  111         ■  -  ■ .  -  -       ,       , 

lit  prefertur  innuendo) '  which  they  had  no  evi* 
dence  fhr*  St  pred'  Attbm*  dicf  Dom«  Regis 
uuncgeneml'  per  eodem  Domino  Rege  dat' 
Cur<  uc  infdiigi  et  inihrmari  quod  pred*  Alex- 
ander Forth  pofrtea  scilicet  prime  die  Decern* 
bris  Anno  Itegn<  dicti  Dom'  Regis  nunc  95. 
coprad^apod  Westm<  pred*  in  pred*Com«Midd* 
ek  oSteriorl  malitia  sua  et  ad  nequissimas  ma- 
ddaation*  et  intention*  suas  pred*  p'implend* 


Algernon  Sidney  pef  alta  p< 
tione  precf*  Et  de  et  >concemeQ'  Jur'  pred* 
cam  p^dicto  Georgio  Clisby  adtunc  et  ibid  ha- 
bit* in  pre^ntia  et  auditu  mversor*  ligeor'  sub- 
dit*  dicti  Dora'  Regis  adtunc  et  ibidem  presen' 
Also  illtcite  injuste  nequif  et  seditiose  dejnr* 
jfed*"  qui  veredictna  pred<  versus  preifat* 
Aigetnon  Siilney  pro  aha  proditione  pred* 
deoer*  dixit  retulit  affirmant  et  alta  voce 
declaravit  quod  jurat,  qui  dedei^  Teredictnm 
soum  nred<  quod  pred*  Algernon  &dney 
Int)  Culpabilis  de  pred*  aha  proditione  ver- 
fOt  <fictum  DominumRegem  nuncfuer*  stupe- 
ftrt*  Angtitfe '  a  Loggerheaded  Jury'  et  deder- 
lAit  f>eredictuBi  suum,pred'  pro  quo  null*  ha- 
btuar*  £%idenc*  in  Contempt*  dicti  Domim  Regis 
mvi^  tegumq;  suar*  in  malum  et  pemitioaum 
camnptam  omn'al^in  taliCasu  de  dehnquen* 
Mt  eontra  pacem  dicti  Dom*  Regis  nunc  Coron* 
«f digtthA' aoas,  Sec.  Undeidem  Attorn,"  kc. 
*  Xiord  Russell's  Cas^,  see  p.  5^5^  et  Mq^ 

▼OL.  I3U- 


II.  l€SB.*^ar  liigh  Tr&um.  [89$ 

in  such  a  case  as  this,  of  fife,  and  for  what  1 
know  concerns  every  man  in  England,  you 
wilfgive  me  a  day  and  counsel  to  argue  it.' 

X.  C.  J.  It  is  not  in  the  power  of  (he  Court  - 
to  do  it. 

Sidney,  My  lord,  I  desire  the  indiotmeiit 
against  me  may  be  read. 

L.  C.  J.  To  what  purpose  ? 

Sidney.  1  have  somewhat  to  say  to  iU 

L.  C.  J.  Welly  read  the  indictment. 

Then  the  Cleric  of  the  Crown  read  the  In* 
dictin«:nt. 

SUlnaf.  Pray  Sir,  will  you  give  me  leave  to 
sec  it,  if  it  please  you.    ^ 

L.  C  J.  No,  that  ive  cannot  do. 

Sidney.  My  lord*  there  is  one  thing  theft 
that  ma&es  this  absolutely  void,  it  deprives  the 
king  of  his  title,  which  is  treason  by  law, 
'  Defensor  Fidei.'  There  is  no  such  thing 
there,  if  I  heard  right. 

L,  C.  J.  In  that  you  would  deprive  the  king 
oi  his  Ufe,  that  is  in  very  full  1  thmk.  , 

Sidney.  If  no  body  would  deprive  the  king^ 
no  more  than  I,  he  would  be  m  no  danger #' 
Under  fk\*DUr  these  are  things  not  to  be  over- 
ruled in  point  of  life  so  easily^ 

i,  C.  J.  Mr.  Sidney,  We  very  weD  under* 
stand  our  duty,  we  don't  need  to  l>e  told  by  you 
\\  hat  our  duty  is,  we  tell  you  nothing  hut 
what  is  law ;  and  if  you  make  objections  that 
are  f(nmat«'rial,^e  must  over-rule  them.  Do- 
not  think  that  wc  over-rule  in  your  case,  ttat 
we  would  not  over-rule  in  all  men's  cases  ii| 
your  condition.  The  treason  is  sufficiently  l^d. 

Sidney.  My  lord,  I  conceive  this  too,  fhat 
those  words,  tliat  are  said  to  be  >vritten  in  the 
Paper,  that  there  is  nothing  of  treason  in  them  i 
besides,  that  there  was  nothing  at  all  proved' 
of  them,  only  by  similitude  of  hands,  which 
upon  the  ca^e  I  aUedge  to  your  lordiriun  was 
not  to  be  admitted  in  a  criminal  case.  Now  it 
is  easy  to  call  a  thing  Froditorie ;  but  yet  let 
the  nature  of  the  things  be  examined,  I  pa|k 
myself  upon  it,  that  there  is  no  treason  'm,  it, 

L.  C.  7,  There  is  not  a  line  in  the  book 
scarce  but  what  is  treason . 

Just.  Withim.  I  believe  you  don^t  believe  it 
treason. 

L.  C  J.  That  is  the  worst  purt  of  your  case  ; 
when  men  are  riveted  in  opmion,  that  kings 
may  be  deposed,  that  they  are  accountable  le 
their  people,  that  a  general  insurrection  is  no 
rebellion,  and  justify  it,  it  is  high  time,  upon 
my  word,  to  call  them  to  account. 

Sidney.  My  lord,  the  other  day  I  had  a  book* 
wherein  I  had  king  James's  Speech,  upon 
which  all  that  is  there  is  grounded  in  his  own 
speech  to  the  jNuriiament  m  IGOS,*  and  there 
is  nothing  in  these  papers^  which  is  called  a 
Book,  though  it  never  appeared,  for  if  it 
were  true,  it  was  only  papers  found  in  a  private 
man's  study,  never  siiewed  to  any  body  ;  and 
Mr.  Attorney  takes  this  to  bring  it  to  a  crime^ 
in  order  to  some  other  counsel,  and  this  was  ta 

•  See  1  Cobbett'A  Pul.  Hiit.  977.  , 
SM 


899]      STATE  TRIALS,  33  Charles  IL  l6BS^Trial «/  AlgemonJSidneg,     [900 


come  out  such  a  time,  when  the  insurrection 
brake  out.  My  lord,  diereis  one  person  I  did 
not  know  where  to  fiud  then,  hut  every  hody 
knows  wliere  to  find  now,  that  is  the  dnke  of 
Monmouth,  if  'there  had  been  any  thine  in 
consultation,  by  this  means  to  bring  any  thing 
aiboat,  he  must  have  known  of  it,  ibr  it  must  1;^ 
taken  to  be  in  prosecution  of  those  designs  of 
his :  and  if  he  will  say  there  ever  was  any 
such  thing,  or  knew  any  thing  o/it,  I  wiU  ac« 
knowledge  whatever  you  please. 

L,  C.  J.  That  is  over ;  yon  were  tried  for 
this  fact :  we  must  not  send  for  the  duke  of 
Monmouth. 

Sidney.  I  humbly  think  J  ought,  and  desire 
to  be  heard  upon  it. 

L.  C.  J,  Upon  what  ? 

Sidney,  If  you  will  call  it  a  trial 

L,  C,  J.  I  do.    The  law  calls  it  so. 

Just.  Withins.  We  must  not  hear  snch  dis- 
eomiies,  after  you  have  l^een  tried  here,  and 
the  jury  have  eiven  their  verdict ;  as  if  you 
I      had  not  justice  done  vou. 

Just  nollofway.  I  tnink  itwasa  very  fair  triar. 

Sidney*  My  lord,  I  desire  that  vou  would 
bear  my  reasons ;  why  I  should  oe  brought 
to  a  new  trial.  \ 

L,  C.J.  ITiat  can't  be. 

Sidney.  Be  the  trial  what  it  wDl  ? 

C/.  ofCr.  Crier,  make  an  O  yes. 

Sidney.  Can't  1  he  heard,  my  lord  ? 

L.  C.  J.  Yes,  If  you  will  speak  that  which 
is  proper  ;  it  is  a  strange  thing,  you  jseem  to 
Appeal  as  if  you  had  some  great  hardship  upou 
^ou.  I  am  sure,  I  can  as  well  appeal  as  you. 
)  am  sure  you  bad  all  the  favour  shewed  you, 
that  ever  any  prisoner  had.  The  Court  heard 
you  with  patience,  when  you  spake  what  was 
proper ;  but  ifyoa  begin  to  arraign  the  justice 
of  the  nation,  it  concerns  the  justice  of  the 
nation  ip  prevent  you  :  we  are  bound  by  our 
consciences  and  our  oaths  to  see  ri^t  done  to 
you  ;  and  though  wc'are  judges  upon  earth, 
we  are  acconntable  to  the  Judge  of  Heaven 
and  earth ;  And.  we  act  accordint;^  to  our  con- 
sciences, though  we  don't  act  according  to 
yonr  opinion. 

Sidney,  My  lord,  I  say,  in  the  first  place  I 
was  brought  to  Westmuister  by  Habeas  Cor- 
pus,  the  7th  of  this  month,  granted  the  day 
before  I  was  to  be  arraigned,  when  yet  no 
bill  was  exhibited  against  me  ;  and  my  prose- 
cutors conldnot  know  it  would  be  found,  unless 
they  had  a  correspondence  with  tlie  grand 
iory,  which  under  favour  ought  not  to  have 
.     been  had. 

L,  C.  J.  We  know  nothing  of  it:  you  had 
as  ffood  tell  us  of  some  bo<ly's  ghost,  as  you  did 
at  the  trial. 

Sidney.  1  told  you  of  two  infamous  persons 
that  hart  acted  my  lord  l^ussell's  ghost. 

L.  C.  /.  Go  on,  if  you  have  any  thing  else. 

,  Sidney,  f  prayed  a  copy  of  the  indictment, 
making .  my  objections  against  it,  and  putting 
in  a  special  plea,  which  the  law,  I  humbly 
concei*^,  allowed  me :  the  help  of  counsel  to 
frame  it  was  denied. 


Z.  C.  J.  For  the  copy  ^f  the  indictment,  it 
was  denied  in  the  case  you  cited.  This  favoav 
shewed  you  to-day  was  denied  at  apy  time  to 
sir  Henry  Vane,  that  is,  to  have  the  indictment 
read  in  Latin.  Don't  say  on  the  other  ^aidte, 
we  refused  y6ur  plea.  I  told  you,  have  a  care 
of  putting  it  in.  If  the  plea  was  such  as  Mn 
Attorney  did  demur  to  it :  I  told  you,  you  wers 
answerable  for  the  consequences  of  it. 

Just.  Withins.  We  told  you,  you  mieht  put 
it  in,  but  you  must  put  it  in  at  your  perd. 

.Sidney,  My  lord,  I  would  have  put  it  in. 

L,  C.  J.  I  did  advertise  you :  if  you  put  in 
a  plea,  upon  your  peril  he  it.  I  tout  you,  we 
are  bouna  by  law  to  give  yon  that  fair  adver- 
tisement  of  the  great  danger  you  would  fall 
under,  if  it  were  not  a  good  plea. 

Sidney.  My  lord,  my  plea  was  that  could 
never  hurt  me. 

X.  C.  J,  We  do  not  know  that 

Sidn^,  I  desure,  my  lord,  this,  that  it  may 
be  considered,  that,  being  brought  here  to  mjr 
trial,  I  did  desire  a  copy  of  my  indicCmenc^ 

Xn  the  statute  of  46  £dw.  3,  which  doe» 
w  it  to  all  men  in  all  cases. 

L.  C.J.  I  tell  you  the  law  is-otherwiK, 
and  told  you  so  then,  and  tell  you  so  now. 

Sidney.  Your  lordship  did  not  tell  me,  that 
was  not  a  law. 

L,  C.  J,  Unless  there  be  a  htw  partknlar 
for  col.  Sidney.    If  you  have  any  more  lo  mj^ 

Sidney.  I  am  probably  infocmed,  and  if 
your  lordship  will  give  me  time,  shall  be  abk 
to  prove  it,  that  the  jury  was  not  suqunoned, 
as  it  ought  to  be  ;  my  lord,  if  this  jury  waa 
not  summoned  by  the  bailiff,  acoordmg  to  tfa« 
ordinary  way,  but  thev  wer^  agreed  \ipou  by 
the  under-sheriifs,  (Sraham  and  Burton,  1 
desire  to  know  whether  that  be  a  ffood  jnry. 

L,  C,J,  We  can  take  notice  of  nothing,  bat 
what  is  upon  the  record  :  here  is  a  return  by 
the  sheriff ;  if  there  had  been  any  indtred 
means  used  with  the  sheriff,  or  any  else,  you 
should  have  mentioned  it  before  they  wei» 
sworn. 

Sidney.  Is  there  any  thing  in  the  world 
more  irre^hr  than  that.^ 

L,  C,  J.  I  knew  nothing  of  it  That  tiDcia 
is  past. 

Sidney.  Now,  my  lord,  all  men  are  admitted 
on  the  jury. 

L.  C.  f.  Why,  You  did  not  like  gentlemen, 
and  now  you  don't  like  those  that  you  had.  In 
plain  English,  if  any  jury  had  found  yoa 
Guilty  it  had  been  the  same  thinff.  It  had 
been  a  good  summons,  if  they  had  acquitted 
you. 

Sidney.  When  t)ie  jury  thus  composed,  wa» 
sworn,  Voar  witnesses,  of  whom  three  were 
under  the  terror  of  death  for  treasons,  were 
produced  against  me.  And  tliey  conlessedr 
themselves  gnilty  of  crimes  of  which  I  had  bq 
knowledfi^e,  and  told  stories  by  hear-say.  And 
your  lordship  did  promise,  in  summin|^  up  the 
evidence,  that  the  jury  should  be  inarmed 
what  did  reach  me,  and  what  not,  and  I  do  wA » 
remember  that  was  done. 


SOI]  STATE  TRIALS,  35,  Charles  II.  1683.— /or  High  TVeaam. 


[902 


L.  C.  J.  I  did  it  particularly,  I  think  I  \tBB 
as  careful  of  it  as  possibly  I  could  be. 

Sidney.  My  lord  Howard  btsiogf  tha  only 
witness,  that  said  any  thing  again^  me,  papers, 
which  were  said  to  be  found  m  myliouse,  were 
produced  as  another  witness,  and  no  other  tes- 
timony given  concerping  them,  but  that  the 
liand  was  like  anto  mine.    No  man  can  say, 
I  read  them,  or  shewed  them  to  any  man. 
None  knew  when  they  were  written ;  the  ink 
shewed  they  had  been  done  many,  and  perhaps 
SO  or  SO  years.    Yea,  some  passages  were 
read  out  of  them,  without  examining  what 
went  before  and  after;  when  I  desired  the 
whole  mifi^ht  be  read,  it  was  refused,  unless  I 
specified  the  passage,,  which  I  could  not  do, 
niowing  not  one  word  in  them.    When  I  al- 
ledged,  that  in  criminal  cases  similitude  of 
hands  oonld  not  be  taken  for  evidence,  proposed 
tny  points  of  law  concerning  constructive  trea- 
son, Sec.    And  I  did  conceive  that  no  Court 
noder  the  parliament  could  be  judges  of  it, 
and  did  desire  the  statute  which  did  so  enact  it, 
might  be  read,  it  could  not  be  obtained  :  and  I 
cited  many  judgments  in  parliament. 

X.  C.  /.  Mr.  Sidney,  If  you  arraign  the 
Jiistice  of  the  nation  60,*&s  though  we  had  de- 
ni^  you  the  methods  of  justice,  I  must  tell 
you,  you  do  what  does  not  become  you,  for 
we  denied  you  nothing  that  ought  to  have  been 
granted.  If  we  had  granted  you  less,  I  think 
we  had  done  more  our  duty.  What  points  of 
law  do  yob  mean  T 

Sidnei/.  Thatofconstructivetreason,  mylord. 
'  £.  C.  J.  We  do  hot  go  upon  constructive 
treason,  it  is  plain  treason  within  25  £dw.  3. 

Sidney,  Is  writing  an  act  ? 

X.  C.  J.  Yes,  it  is  agere. 

Proclamation  made  for  silence. 

Mr.  Ban^eld.*  Sir,  I  pray  yon  to  hear  me 
•ne  word  as  Amicus  Cunce,  1  numbly  suppose 
that  your  lordship  will  not  give  iudgment  if 
there  be  a  material  defect  in  the  indictment,  as 
the  clerk  did  read  it,  he  left  out  Defensor 
Fidei,  which  is  part  of  the  stite  of  his  maje^y. 

£.  C.  J.  We  nave  heanl  of  it  already^ ,  we 
thankyou  for  your  friendship,  and  are  satisBed. 
Mr.  I^dney,  there  reuiains  nothing  fbu  the 
Court,  but  to  discharge  their  duty  in  pi-onouoc- 
in^  that  judgment  the  law  requires  to  be  pro- 
noanoed  agamst  all  persons  convicted  of  high- 
Creason ;  and  I  must  tell  you,  tliat  though 
yoi]  seem  to  arraign  the  justice  of  the  Court, 
and  the  proceeding^-—- 

Sidney.  I  must  appeal  to  God  and  the  world, 
I  am  not  heard. 

L.  C.  J.  Appeal  to  whom  you  will.  I  could 
wish  with  all  my  heart,  instead  of  appealing  to 
tilcf  world,  as  though  you  had  received  some- 
thing extreme  hai3  in  your  case,  that  you 
would  appeal  to  the  Great  God  of  Heaven,  and 
consider  the  guilt  you  have  contracted  by  the 

*  He  had  been  one  of  the  counsel  assigned 
to  advise  with  Sidney,  as  appears  by  sir  W. 
WiUiams's  BIS. 


great  offence  you  have  committed.  I  wish 
with  all  my  heart,,  you  would  consider  your 
condition,  but  if  your  own  ingennity  will^ot 
provoke  you,  nothing  f  can  say  will  prevail 
with  you  to  do  it ;  if  the  kmg's  general 
pardon,  in  Which  you  had  so  great  a  snare  of 
the  king^s  mercy,  will  not,  I  could  wish,  that, 
as  a  ffentleroan  and  as  a  Christian,  yon  would 
consider  under  what  porticular  obKnitions  you 
lie  to  that  gracious  king,  that  hatn  done  so 
much  for  you.  I  should  have  thought  it 
would  have  wrought  in  you  such  a  temper  of 
mind,  as  to  have  turned  the  i-eat  of  your  life , 
into  a  generous  acknowledgmefat  of  his  bounty 
and  mercy,  and  not  into  a  state  of  constant 
combining  and  writing,  not  only  to  destroy 
him,  but  to  subvert  the  government ;  and  I  am 
sorry  to  see  you  so -earnest  in  the  justification 
of  tlie  book,. in  which  there  is  scarce  a  line,  but 
what  contains  the  rankest  treason,  sudi  as  de- 
posing the  king,:  it  not  only  encourages,  l^ut 
justifies  all  rebellion.  Mr.  Sidney,  you  art  a. 
gentleman  of  quality,  and  need  no  oounsel 
from  me :  if  I  ccAild  giye  you  any,  my  charity 
to  your  immortal  souf  would  provoke  me  to  it. 
I  pray  God  season  ^is  afBiction  to  you.  Thers 
remams  nothing  with  the  Court,  but  to  pro- 
nounce that  judgment  that  is  expected,  and 
the  law  requires,  and  therefore  the  judgment 
of  the  Courtis, 

*  That  you  be  carried  hence  to  the  place 

*  from  whence  you  came,  and  from  thence 

*  you  shall  be  drawn  upi^n  an  hurdle  to  thf 
'  place  of  execution,  whereyon  shall  be  hanged 
*■  by  the  neck,  and,  being  ahve,  cut  down,  yoyr 

*  privy- memb^^  shall  be  cut  off,  and  burned 
'  betbre  your  face,   your  head  seveied  from 

*  your  body,  and  your  body  divided  into  four^ 

*  quarters,  and  they  to  be  disposed  at  the  pica-* 

*  sure  of  the  king.     And  the  Crod  of'  innnits 

*  mercy  haye  mercy  upon  your  soul.** 

Sidney.  Then,  O  God  !  O  God  !  I  beseech 
thee  to  sanctify  these  sufferings  unto  me,  and 
impute  not  my  blood  to  the  country,  nor,  the 
city,  through  which  1  am  to  be  drawn ;  let 
no  inquisition  be  made  for  it,  but  if  any,  and 
tlie  shedding  of  blood  that  is  innocent,  must 
be  revenged,  let  the  weight  of  it  fall  only 
upon  those,  that  maliciously  persecute  me  for 
righteousness  sake. 

L.  C.  J.  1  pray  God  work  in  you  a  temper 
fit  to  go  unto  tne  other  world,  for  I  see  you  are 
not  fit  for  this. 

Sidney.    My  lord,  feel  my  pulse,  [holding 

*  The  whole  of  this  sentence  was  remitted 
but  beheading,  upon  account  of  his  family.  Af- 
ter his  condemnation  he  is  said  to  have  '<  de- 
spised the  way  of  petitioning  his  majesty  about 
the  disposal  of  his  body."  See  3  Kcnn.  Compl. 
Hist  404.  Roger  North  gladly  relates,  what 
he  calls  in  his  maa^in,  *<  aQ  indecent  passs^," 
the  gross  and  coarse  t^ms  in  which  Sidney 
was  report^  to  have  expressed  his  manly  in- 
difference as  to  what  might  befal  his  oody 
afier  death.  See  North's  Examan,  f .  41  i. 
4to  Ed.  1740. 


S03]     STATE  TRIALS,  35  CuAMhts  H.  l6iS.— Trial  of  Alginm  Sisujf,     [90^ 


Out  his  baqd]  «nd  see  if  I  am  disordered  j  1 
bless  God,  I  Dever  was  in  Better  temper  than  I 
am  now. 

Then  the  Lieutenant  of  the  Tower  carried 
back  his  prisoner.* 

The  prisoner  afterwards  presented  the  follow- 
ing Petition  to  the  king : 

•  The  ShercfTs  receipt  for  the  body  of  Sid- 
ney, as  (jrintod  in  the  Memoirs  of  the  Life  of  A. 
Sidney,  Mir.  Brand  HoUis^s  edition,  is  as  fol- 
lows : 

**  This  indenture  made  the  seventh  day  of 
December,^  in  the  five  and  thirtieth  year  of  the 
reign  of  our  sovereign  lord  Charlfes  the  3nd 
bv  the  grace  of  God  king  of  England,  Scotland 
France  and  Ireland,  defender  of  the  faith,  etc. 
and  in  the^year  of  our  Lord  1683,  between  the 
honourable  Thomas  Cheeke,  esq.  1iei:^tenant  of 
his  majesty's  Tower  of  London  of  the  one  part, 
and  Peter *Daniel,  esq.  and  Samuel  Dashwood, 
esq.  sheriflTsj  of  the  coimty  of  Middlesex  of  the 
other  part:    Whereas  Algernon  Sidney,  esj. 
by  warrant  of  the  right  honourable  sir  Leolin 
Jenkins,  knight,  his  majesty's  principal  secre- 
tary of  state,  bearin<]f  date  at  Whitehall  the 
fi?'e  and  twentieth  day  of  June,  in  the  tive  and 
thirtieth  year  of  the  reign  of  king  Charles  the 
second  aforesaid,  was  committed  to  the  custody 
of  the  said  lieutenant  of  the  Tower  for  high 
treason  in  compassing  the  death  of  the  king, 
and  conspiring  to  levy  war  againsthim,  by  him 
the  said  lieutenant  to  be  safely  kept  np  nntil  he 
sRould  bo  delivered  by  due  course  of  law ;  and 
whereas,  by  writ  issuing  out  of  his  majesty's 
coort  of  king's  bench,  under  the  seal  of  the 
said  court,  bearing  date  the  eight  and  twentieth 
day  of  November  last  past,  reciting  the  judg- 
ment ct  the  said  court  against  the  said  Alger- 
non Sidtaey  for  divers  high  treasons  touching 
hismiyes^'s  person,  whereof  he  then  stood 
convicted  and  attainted,  the  paid  lieutenant  of 
the  Tower  was  commanded,  that  upon  Friday 


the  seventh  day  of  Orcember  then  wext  coiaing 
lie  the  Said  lieutenant  should  ra^x^theS'l^rifis  of 
Middlesex  at  Tower- hill,  ut.ti  ttiere  ca^se  the 
said  Algernon  ISdney  to  be  delivered  to  the  said 
Sheriffs,  10  the  intent  that  the  said  Sheriffs 
might  cause  execution  to  be  made  of  him  the 
said  Algernon  Sidney,  in  such  manner  as  in 
the  said  writ  is  recited.     Now  this  indenture 
witnesseth,  that  the  said  Thomas  Cl^eeke,  in 
obedience  to  the  said  writ,  and  in  performance 
of  his  maiesly's  command  therem  specified, 
doth,  the  day  of  the  ds^e  of  these  present  inden- 
tures, deliver  unto  the  said  Peter  Daniel  and 
Samuel  Dashwood,  the  body  of  the  said  Al- 
gei-non  Sidney,  in  the  said  wnt  m«?ntioned,  ac- 
cording to  the  form  and  effect  of  th«  said  writ, 
andthe  said  Peter  Daniel  and  Samuel  Dash- 
wood do  hereby  acknowledg-e  to  have  received 
on  the  day  of  the  date  of  this  present  indenture, 
of  and  from  the  said  Thomas  Cheeke,  the  body 
of  the  said  Algernon  Sidney,  and  of  him  aoi 
acquit  and  discharge  the  said  Thomas  Cheeke 
by  diese  presents ;  in  witness  whereof  the 


To  the  King's  bmsI  Esoellait  Majbstt,  The 
Humble  PETITION*  of  ALG£RN(m 
SIDNEY,  esq. 

Sheweth ;  That  yonr  petitioner,  afto  a  long 
and  close  imprisonment,  was,  on  the  7th  day 
of  this  month  (November)  brought  by  a  guar4 
of  soldiers  to  the  Palace-yard,  upon  an  Iweap 
Corpus,  directed  to  the  heutenant  of  the  Tower 
before  any  indictment  had  been  exhibitod 
against  him. 

That  whilst  he  was  there  detained,  a  bill  wi9 
exhituted  and  found  against  him ;  wbereopon 
he  was  immediately  carried  to  the  King's  hencb 
and  there  arraigned.  In  this  surprize  he  de- 
sired a  copy  of  the  indictment,,  and  leave  to 
make  his  exceptions,  or  to  put  in  a  spectsi 
plea,  and  counsel  to  frame  it ;  but  all  was  de- 
ni^ :  he  then  oflered  a  special  plea  ready  ea* 
grossed  ;  which  was  then  also  reieded,  wilh- 
out  reading :  being  threatened,  Tnat  if  he  did 
not  immeoiately  plead  Guilty  or  Not  GnUtf, 
judgment  of  high  treason  shoidd  be  entered  | 
he  was  forced,  contrary  to  law  (as  he  sup- 
posetb),  to  come  to  a  general  issue,  in  pleading 
Not  Gujltv. 

November  the  21st  he  was  brouzht  to  hi9 
ti'ial  r  and  tlie  indictment  being  perplexed  aQ4 
confused,  so  that  neither  he  nor  any  of  his 
friends  that  beard  it  could  fully  comprebead 
the  scope  of  it,  he  was  utterly  unprowided  of 
all  the  helps  that  the  law  alloweth  nato  every 
man  for  his  defence :  whereupon  he  affaia  de« 
sired  a  copy,  and  produced  an  authentic  copy 
of  the  statute  Edw.  3,  whereby  it  is  enaclea, 
That  every  man  shall  have  a  copy  of  any  re-i 
'  cord  that  toucheth  him  in  any  manner,  as  well 
that  which  is  for,  as  against  the  king,  or  %ny 
other  person  ;  but  could  have  neither  a  copy 
of  his  indictment,  nor  that  the  statute  should 
be  read. 

The  jury  by  which  he  was  to  be  tried  w^ 
not  (as  nets  infonned)  summoned  by  the  bai* 
Jiffs  of  the  several  hundreds,  in  the  usual  and 
legal  mttnner ;}  but  names  were  agreed  upon 
by  Mr.  Graham,  Mr.  Burton,  and  the  ondef 
sheriff,  and  directions  given  to  the  bailiffs  to 
summon  them ;  and  t^ing  all  so  chosen,  tl|a 
copy  of  the  pannel  was  of  no  use  to  him. 

When  they  came  to  be  called,  he  exceptB4 
against  some  for  being  your  majesty's  servantf 
which  he  did  hope  should  not  have  been  re- 
turned, when  he  was  prosecuted  at  yoiig*  n^^ 
jesty's,  suit. 

Many  others  for  not  being  freeholders  (whidi 

parties  to  these  presents  have  hereunto  inter- 
changeably set  theb' hands  and  seals,  the  day 
and  year  nrst  above  written. 

Peter  Daniel.— Samuel  Dashwood. 
.  Sealed  and  delivered  in  the  presence  if 
Ricii.  Bradbormc,  Ob.  IUvmolos;" 


*  In  the  State  Paper  office  there  is  viptber 
petition  from  Sidney  to  the  kW,  but  I  ^ould 
not  obtain  permission  ip  copy  i^  i^  tjuna^  fat  in- 
sertion here. 


STATE  TEIAIA  35  Chabies  H.  i6S$^or  Bigk  Trea$ifn. 


exceptions  be  thinks  are  good  ki  law),  and 
otbera  mote  lewd  and  ii^ftmoosperaoas,  not  fit 
tobeofauy  jury^  but  all  waa  arer-ruled  by 
tbe  lord  cbiej-jnstaoe,  and  your  petitioner  forced 
to  chAllenge  them  peremptorily,  whom  he 
found  to  be  mdced  out  as  most  suitable  to  the 
intentiotts  of  those  who  sought  his  nuo ; 
whereby  lie  lost  the  ben^t  allowed  him  b^  the 
law,  of  nukking  his  exceptions,  and  was  torced 
to  admit  of  mechanic  persons,  utterly^  unable 
to  iudge  of  such  a  matter  as  was  to  be  brought 
befereth 


them. 

This  jury  being  sworn,  no  witness  was  pro- 
duced who  fixed  any  tbmg  beyond  hcAniay  upon 
your  petitioner,  except  the  lord  iloward,  and 
those  that  sii'ore  tosome  papers  said  to  he  found 
in  his  house,  and  of&red  as  a  second  witness, 
and  which  were  written  in  a  baud  like  unto 
your  Petitioner's. 

Your  petitioner  produced  ten  witnesses,  most 
of  them  men  of  eminent  quality,  the  others  of 
unblemished  fame,  to  shew  the  lord  Howard's 
testimony  was  inconsistent  with  what  he  had 
^in  the  presence  of  God)  affirmed  to  many  of 
them,  ^and  as  be  swore  at  the  ti'ial  of  the  lord 
Bnssell)  under  the  same  religious  obligation 
of  an  oath  as  if  it  had  been  legally  administered. 

Your  jpetitiooer  did  endeavour  further  to  shew 
that  bendes  the  absurdity  and  incongruity  of 
his  testimony,  he  being  guilty  of  many  cnmes 
which  he  did  not  ^vSeod  your  petitioner  had 
^y  knowledge  of;  and  having  no  other  hope 
of  a  pardon,  but  by  the  drudgery  of  swearing 
against  him,  h«)(leBerved  not  to  be  betiered:- 
and  that  similitude  of  hands  could  not  be  evi- 
dence, was  dehvered  by  the  lord  chief-justice 
Keeling,  and  the  whole  court,  in  the  lady 
Carr's  case ;  so  as  no  evidence  at  law  remained 
against  him. 

'That  wliosoever  wrote  those  papers,  they* 
were  but  a  small  part  of  a  polemical  discourse 
ill  answer  to  a  book  written  about  thirty  years 
ago,  upon  general  propositions,  applied  to  no 
t^e,  nor  any  particular  case ;  that  it  was  im- 
possible to  judge  of  any  part  of  it,  unless  the 
vhole  did  appear,  which  did  not;  that  the 
sense  of  such  parts  of  it  as  were  uroduced  couid 
not  be  comprehended,  unless  tne  whole  bad 
been  read,  which  was  denied ;  that  the  ink 
-and  paper  shewed  it  to  be  written  many  years 
ago,  and  the  lord  Howard  knowing  nothing  of 
them,  they  could  have  no  concurrence  with 
what  your  petitioner  was  said  to  have  designed 
vith  mm  aiMl  others. 

That  the  confusions  and  errors  in  writing  it, 
4)ew  the  same  had  never  lieen  so  inurb  as  re- 
viewed, and  being  written  in  a  hand  that  no  man 
ooold  well  read,  neither  fit  for  the  press,  nor 
could  be  in  some  years,  though  the  writer  of  it 
did  intend  it,  wliich  did  not  appear. 

That  they  being  only  the  nresent  crude  and 
private  thoughts  of  a  man,  for  the  exercise  of 
nia  own  uiraerstanding  in  his  study,  never 
shewed  to  any,  nor  applijed  to  any  particular 
case,  could  not  fidi  under  the  statote  25  Edw. 
S,  which  takes  cognisance  of  no  such  matters, 
.aiid  conld  out  by  coafltrnotion  be  bronght  under 


it,  Boeh  matters  being  thmby  reserved  to  dm 
parliament,  as  is  declared  in  tne  proviso,  which 
Le  desiied  might  be  read  but  was  refused. 

Jgaght  or  nine  important  points  of  law  did 
hereupon  arise;  upon  which  your  petitioner 
knowing  his  weakbess,  did  desire  his  counsel 
might  be  heard  or  reserved  to  be  fcund  speci- 
ally ;  but  all  was  over-ruled  by  the  violence  of 
the  lord  chief  justice,  and  your  petitioner  so 
frequently  interrupted,  that  the  whole  method 
of  hi3  deienoe  was  broken,  and  he  not  suffered 
to  say  the  tenth  part  of  what  he  could  have  al- 
ledged  in  his  own  defence;  so  the  jury  was 
hunied  into  ayerdict  which  they  did  not  un-i 
derstand., 

Now  forasmuch  as  no  man  that  is  oppressed 
in  England  can  have  any  relief,  unless  h  be 
from  your  majiasty: 

Yonr  Petitioner  humbly  prays.  That,  the 
premisses  considered,  your  majesty  would  be 
pleased  to  admit  him  into  your  pi^esence ;  and 
if  he  doth  not  shew  that  it  is  for  your  raqjesty*8 
honour  and  interest  to  preserve  him  from  the 
said  oppression,  he  wiU  not  eomplain,  thodgh 
be  be  left  to  be  destroyed. 


The  EXECUTION  of  ALGERNON  SID- 
NEY, esq*  on  Friday,  December  7, 1683. 

'  On  the  7th  of  December  (bis  majesty  having 
been  pleased  to  remit  all  the  sentence  but 
"'•""'*  ■       » 

*  Algemoon  or  Algernon  Sidneiy  or  Sfydney. 
was  son  to  Robert  the  second  (Sidney)  earl  of 
Leicester,  and  br<^tber  to  Philip  the  third  earl 
of  Leicester,  and  to  Henry  Sidney,  who  was 
by  king  William  created  earl  of  Komney.  He 
has  an  article  sufficiently  copious  in  the  Bio- 
graphia  Britaunica.  Sir  John  Dalrymplehas 
'  published  in  one  of  the  '*  Appendixes"  to  bia 
'<  Memoirv"  Dispatehesof  Barilton  (the  Frendi 
king's  ambassador  to  Charles  the  Second) 
whicli  contain  accounts  of  a  concert  between 
tlie  court  of  France  and  Sidney,  Russell,  and 
other  eminent  Englishmen,  who  are  desirous 
to  prevent  the  acquisition  by  king  Charles  the 
Second  of  arbitrary  power.  And  I  have  no 
dftubt  there  was  such  a  concert.  It  is,  indeed, 
to  be  regretted,  as  Mr.  Laing  has  said  (see 
vol.  0,  p.  297)  that  the  State  Paiiers  of  tho 
Stuarts  were  reserved  for  Macpherson  and  Dal* 
ryraple ;  but  notwithstanding  the  many  in- 
stances of  falsification  in  detail  which  occur  in 
sir  John's  work,  several  of  which  have  been 
exhibited  in  Notes  to  different  Cases  in  this 
Collection,  it  is  scarcely  to  be  believed  that 
he  should  have  ibrged  all  the  articles  which 
he  has  inserted  as  dispatches  from  Barillon. 
Moreover,  much  credibility  is  given  to  the 
genuineness  of  these  articles  by  the  lately  pub« 
Hshed  •<  CBuvres  de  Louis  XJ(v."  I  have  al- 
ready  had  more  than  one  occasion  to  notice 
imd  to  ouote  this  publication,  and  I  will  here 
extract  from  it  a  passage  in  which  Loan  the 
XlVth  speaks  of  transacttons  which  ocemni 


JK>  7]      STATE  TRIALS,  35  Charlss  11.  iG^S.—Trial  of  Algermm  Sidmy,     [909 


beheading-i  hewasbroag^httoaiscafibki  erect- 
ed for  that  purpose  on  Tower-hill,  where, 
having  delivered  the  following'  Paper  to  the 
Sheriff,  his  head  was  severed  from  his  body. 

The  Paper  which  he  delivered  to  the  Sheriff. 

,  **  Men,  Brethren,  and  Fathers ;  Friends, 
Countrymen,  and  Strangers.   ^It  maybeex- 

^fore  Sidney  was  permitted  to  return  to  Eng- 
land: 

'<  Mais  tandisque  cette  aventure  [the  re- 
treat (as  he  represents  it)  of  De  Ruyter  and  Van 
Tromp  in  1666  from  Monk  and  Prmce  Rupert] 
sembloit  nous  dter  le  moyen  <)e  nous  iomdre 
pour  les  attaquer  ouvertement,  je  cherchois  de 
ma  part  des  moyens  secrets  pour  les  iffoiblir ; 
d'une  part,  je  m^nageois  les  restes  de  la  fac- 
tion de,  Cromwel,  pour  exciter  par  leur  credit 
Suelque  noureau  trouble  dans  Loudres;  et 
'autre  c6t^,j'  entretenois  des  intelligences 
avec  les  catholiques  Irtandais,  lesquels,  ^nt 
toujours  fort  m^contens  de  leur  condition,  sem- 
hloient  aussi  toi^ours  pr^ts  ^faire  un  effort  pour 
la'rendre  plus  sapportable.  8ur  ces  diff^^rentes 
pens^es,  j'  6coutai  les  propositions  qui  me  fu- 
rent  faites  par  Sidney,  gentilhomme  Anglais, 
lequel  me  promettoit  de  faire  €clater  dans  peu 
quelque  soulbvement,  en  lui  faisant  fomtiir  cent 
mille  ^ctts ;  mais  je  trouvai  la  somme  un  pen 
trop  forte,  pour  P  exposer  ainsi  snr  la  foi  d'un 
fugitii^  aL  moins  de  Toir  quelque  disposition  aux 
cboses  qu^il  me  faisoit  attendre ;  c'est  pourquoi 
je  lui  pffris  de  donner  seulement  vingt  mille 
^cus  comptant,  avec  promesse  d^envoyei-  apr^s 
aux  soulev^  tout  ie  secoui;s  qui  leur  seroit 
B^cessaire,  aussitot  qu'ils  paroitroient  env^tat 
de  s^en  pouvoir  servir  avec  succ^."  Vol.  2, 
p.  203. 

The  dispatches  of  Barillon,  according  to  the 
nmresenfations  of  Dalrymple,  contain  accounts 
ofmonies  disbursed  by  Barillon  to  Sidney,  and 
other  considerable  persons  in  England.  But 
it  is  to  be  obserFed  in  respect  of  lord  Russell, 
that  it  has  not  been  pretended  that  he  received 
a  ftrthing  of  any  money  which  may  have  been 
ao  disbursed. 

Hufne's  reflections  on  the  alleged  connec- 
tions betvieen  the  court  of  France  and  persons 
hi  England,  who  wished  to  obstruct  the  acqui- 
sition oy  king  Charles  of  arbitrary  power,  and 
in  particular  on  the  conduct  of  Russell,  are 
worth  insertion : 

"  We  are  to  remark»"  says  he  (History, 
▼ol.  8,  p.  43,  Note,  ed.  of  1791),  "  that  the 
party  news  of  these  men,  and  their  well  found- 
ed jealousies  of  the  king  and  duke,  engaged 
them,  independently  of  the  money^  into  the 
same  measures  that  were  suggested  to  them 
hs  the  French  ambassador.  The  intrigues  of 
l^rance^  therefore  with  the  parUament,  were  a 
mighty  small  en^e  in  the  political  machine. 
Those  with  the  king,  which  nave  always  been 
known,  were  of  infinitely  greater  consequence. 
The  sums  distributed  to  all  these  men,  ex- 
cepting Montague,  did  not  exceed  16,000/.  in 


pected  that  I  should  now  say  some  ffreat  mat- 
tem  unto  you ;  but  the  rigour  of  the  season, 
and  the  infirmities  of  my  age,  increased  by  a 
close  imprisonment  of  abore  ^"ve  months,  do 
not  permit  me^ 

*'  Moreover,  we  live  in  an  age  that  maketh 
truth  pass  for  treason :  I  dare  not  say  any  thing 
centaury  unto  it,  and  the  ears  of  those  tnat  are 

threb  years ;  and  therefore  could  hare  litUe 
weight  in  the  two  Houses,  especially  when 
opposed  to  the  infiuence  of  the  croiAn.  Ac- 
cording we  find  in  all  Barillon's  dispatches,  a 
great  anxiety  that  the  parliament  should  never 
be  assembled.    The  conduct  of  these  English 

Satriots  was  more  mean  than  criminal;  and 
I.  Courten  says,  that  200,000  livres  employed 
by  the  Spaniards  and  Germans,  would  have 
more  influence  than  two  millions  distributed 
by  France.  See  sir  J.  Daliymple's  App.  p.  1 1 1. 
It  b  amusing  to  observe  the  gencrej,  and  I 
may  say  national,  rage  excited  by  the  kite  dis- 
covery of  this  secret  negodation ;  cluefly  on 
account  of  Algernon  Sydney,  whom  the  blind 
prejudices  of  party  had  exalted  into  a  hero. 
His  ingratitude  and  breach  of  faith,  in  &p{^* 
ing  for  the  king's  pardon,  and  immediately  on 
his  return  entering  into  cabals  for  rebellioo, 
form  a  conduct  more  criminal  than  the  taking 
of  French  gold  :  yet  the  former  circumstanoe 
was  always  known,  and  always  disregarded. 
But  every  thing  connected  with  France  is  sup- 
posed, in  England,  to  be  polluted  beyond  all 
possibility  of  expiation.  Even  lord  RnsseR, 
whose  conduct  in  this  negociation  was  onlv 
factious,  and  that  in  an  ordinarv  degree,  is 
imagined  to  be  dishonoured  by  the  same  dis- 
covery." 

It  should  he  borne  in  mind  that  the  wishes 
and  the  conduct  of  the  excellent  lord  Russdly 
which  Hume  has  thus  characterised  as  being 
''  party  views,"  and  **  only  factious,  and  that 
in  ordinary  degree,"  were  no  other  than  a  de- 
sire and  endeavour  to  prevent  a  king,  who,  to 
sa^  the  least  of  him,  bad  proved  that  he  was  no 
fViend  either  to  the  religion  or  to  the  liberties 
of  his  subjects,  from  maintaining  a  large  mili- 
tary force  without  any  dependence  upon  the 
people  and  without  any  control  by  the  people's 
representatives ;  and  at  the  same  time  to  pre- 
vent him  from  governing  without  parliaments^ 
the  frequent  holding  of  which  had  been  enacted 
by  statutes  so  ancient  as  the  reign  of  Edward 
the  Third,  and  so  recent  as  lord  Clarendon's 
Act,  16  Car.  2,  cap.  1,  and  had  been  solemnly 
promised  by  that  very  king  in  his  Declaration 
ofApril  8th,  1681. 

In  relation  to  the  charge  against  Sidney  of 
ingratitude,  sir  John  Dalrymple  (Memoin, 
part  1,  book  1,  p.  19,  4to  edit,  of  1771)  has, 
as  was  to  be  expected,  some  declamation  about 
<*  Brutus,"  and  the  sentiment  that  '*  no  ob- 
liffataons  to  himself  could  shake  off  those 
which  he  oi^ed  to  his.  country."  It  may,  bow- 
ever,  be  suspected  that  this  will  not  be  gene- 
rally admitted  as  a  satisfiictory  justification  of 
the  conduct  of  Sdiieyy  who  bavuig  obcaioed 


909]  STATE  TRIi^LS,  iS  Chablbs  II.  1683.— /«■  Higk  TVimmk. 


[910 


«jbout  me  will  lirdbdUv  be  foumi  too  tender  to 
hear  it.  My  trial  and  condemnation  do  suffi- 
deotly  evidettoe  this. 

"  iVest,  Ramsey  and  Keeling,  who  were 
brongbt  to  prove  tne  plot,  said  no  more  of  me 
than  that  they  knew  me  not ;  and  some  others, 
equally  unknown  to  me,  had  uscl  my  name 

from  the  indulgence  of  Charles  the  Second  per- 
mission to  return  in  safety  to  his  native  land, 
(a  favour  of  which,  in  a  tetter  to  Mr.  Saville, 
be  says,  that  he  values  it  not  at  a  lower  rate 
than  the  saving  of  bis  life.  See  Sidney's  Let- 
ters, pp.  169, 170,  Dodsley's  edition  of  1742, 
and  the  Biographia,  art.  Sidney)  employed  the 
means  which  he  derived  from  that  favour  in 
the  promotion  of  measures  to  thwart  the  go- 
vernment of  his  benefactor.  I  say  to  thwart 
the  government;  because  there  is  no  proof 
that  Sidney  entei'tained  any  designs  a^nst 
the  safety  of  the  person  of  his  benefactor. 
With  respect  to  what  Sidney  said,  that  he  did 
once  save  the  king's  life,  see  p.  877. 

Ralph  gays  that  this  allusion  has  not  been 
plained. 


Dalrymple  says,  **  It  is  probable  that  Charles 
was  not  ignorant  of  a  fact  hinted  at  by  Alger- 
non Sidney,  at  his  trial ;  to  wit,  that  he  had 
been  the  caqse  of  preventing  a  scheme  to  as- 
sassinate the  king  in  his  youth.  From  two 
letters  of  Colbert  to  his  own  court,  dated  4th 
and  25th  Augu.st  1670,  it  appears,  that  the 
French  court  gave  information  to  Charles,  of 
Sidney's  being  then  at  Paris,  and  desirecl  to 
know  bow  tbey  should  act  with  regard  {o  him ; 
that  lord  Arlio^ton  proposed  to  Charles,  that  a 

Sffision  should  be  given  by  France  to  Mr. 
dnev,  because  he  was  in  straits ;  and  that 
Charles  consented  to  it.  Charles  at  first  also 
agreed,  that  he  should  be  at  liberty  to  continue 
at  Paris,  but  afterwards  changed  his  mind,  and 
desired  he  might  be  remq^ved  from  it.  The 
prescieace  which  Charles,  even  in  the  plenitude 
of  his  power  at  this  period,  had  of  the  conse- 
quence of  this  man,  then  an  exile,  and  in  want, 
is  sweetly  flattering  to  those  who  enjoy  this 
our  temple  of  liberty,  because  it  shows,  that 
the  true  greatness  of  every  individual  depends 
upon  himself.  Upon  this  head  Colbert,  m  his 
Wtter  of  4th  of  August  1670,  relates  Charies's 
exnressions  with  regard  to  Sidney,  thus :  *  Le 
Koy  ^Charles)  rae  dit  encore,  qu'il  ne  se 
cMMicioit  pas  que  le  dit  Sidney  demeuroit  en 
Paris  ou  Laojg^uedoc,  ou  en  tel  autre  lieu  qu'il  • 
loi  olairoit,  pourvu  qu'il  ne  revient  pas  en 
Angleterre,  ou  dit  il  ses  peruicieux  sentimens 
aotttenus  d'autant  d'espnt  et  de  oounge  qu'il 
en  a  ponrroicnt  beaucoup  nuire.' — *  The  king 
(Charles)  said  to  me  again,  that  he  did  not 
care  whether  the  said  Sidney  lived  in  Paris, 
L«n^edoc.  or  any  other  place  he  pleased, 
provided  he  did  not  return  to  England,  where, 
said  he, '  his  pernicious  sentiments,  supported 
with  so  great  parts  and  courage,  might  do 
much  hurt.'  And  in  Colbert's  letter  of  26th 
August  1670,  h«  says,  Charles  said  to  him  of 


and  that  of  some  others  to  give  a  little  repu- 
tation unto  their  deagns.  The  kml  Hoviu 
and  is  too  infamous  by  his  life,  and  the  many 
peijnries  not  to  be  denied,  or  rather  sworn  by 
himself^  to  deserve  mention ;  and  bein^  a  single 
witness  wonid  be  of  no  value,  though  he  had 
been  of  unblemished  credit,  or  had  not  seetf^and 

— -  -    -      -  *  —  ■ ■ .  _  It 

Sidney,  *  qu'il  etoit  h  propos  de  le  laisser  re- 

*  toumer  en  Languedoc,  et  qu'il  ne'  pouvoit 
<  6tre  trop  loin  de  P  Angleterre.'  <  That  it  waa 
*■  proper  to  let  bim  return  to  Languedoc,  and 

*  that  he  could  not  be  too  far  from  England.' 
And  in  other  letters  I  observed,  that  wherever 
CbaHes  spoke  of  Sidney,  he  called  him,  \  un 

*  hommede  cceur  et  d'  esprit:'  which  may  per- 
hiTps  be  translated  *  a  man  of  heart  and  head.' " 

Boswell,  in  his  Life  of  Johnson,  relates  John- 
son's sentiments,  or  at  least  his  expressions, 
respecting  the  receipt  of  money  from  France 
by  Charles,  and  that  by  Sidney  and  his  asBo« 
ciates.  The  difference  of  the  lights,  in  which 
the  conduct  of  the  two  parties  is  exhibited,  ar« 
not  incurious : 

**  1  mentioned,"  says  Boswell,  '<  sir  John     • 
Dalrymple's  **  Memoirs  of  Great  Britain  and  * 
Ireland,''  and  his  discoveries  to  the  prejudice 
of  lord  Russell  and  A.  Sidney.  Johnson :  *  Why, 
Sir,  eveiy  body  who  had  just  notions  of  govern- 
ment thought  them  rascals  before,  it  is  well 
that  all  mankind  now  see  them  to  be  rascals.^ 
Boswell :  <  But,  Sir,  may  not  those  discoveries 
be  true  witfiout  their  being  rascals  ?'  Johnson : 
'  Consider,  Sir ;  would  any  of  them  have  been 
willing  to  have  had  it  known  that  they  m- 
trigued  with  France  ?  Depend  upon  it.  Sir,  he 
who  does  what  he  is  afraid  should  be  known, 
has  something  rotten  about  him."    In  another 
place  of  the  same  book,  Johnson  is  made  to  say, 
<«  Charles  the  Second  was  lioeotioas  in  bis 
practice,  but  he  always  had  a  reverence  for- 
what  was  gt>od.    Charies  the  Second  knew  hk' 
people  and  rewarded  merit.    The  church  waa- 
at  no  time  better  filled  than  in  his  rei^.    He 
was  the  best  king  we  fever  had  from  ni^  time- 
till  the  reign  of  his  present  majesty,  except 
James  the  Second.    He  took  money,  indeed, 
from  France,  but  be  did  not  betray  those  over 
whom  he  ruled :  he  did  not  let  \he  French 
fleet  pass  ours."    1  Bosw.  Life  of  Johnson, 
474,  4to.  1791. 

Johnson's  friend  j^Btirke)  has  given  ns  a 
much  truer  picture  ot  Charies  the  Second ; 

**  The  person  given  to  us  by  Monk  was  » 
man  without  any  sense  of  his  duty  as  a  prince, 
without  any  regard  to  tlie  dignity  of  his  crown, 
without  any  love  to  his  people:  dissolute, 
false,  venal ;  and  destitute  or  any  positive  good- 
quality  whatsoever,  except  a  pleasant  temper 
and  the  manners  of  a  gentleman . "  Letter  to  a 
Member  of  the  National  Assembly,  1791,  p.  48L' 

The  proofs  of  the  gross  unfi&elingiMM  and 
ingratitude  W  Charles  die  Second  are  very 
numerous.  Harris  has  recorded  tome  anee* 
dotes  to  establish  it.    The  foUowing  story  m 


9i  1 }     STATE  TRIALS,  35  Ch  aklbs  II. 

confessed  that  tiie  erioMfl  committed  bf  him 
would  be  pftHkmed  only  for  committiiig  more ; 
and  even  the  pardon  promised  could  not  be  ob- 
tained till  the  drudi^ery  of  awearing  was  orer. 

"  Tbisbeioglaidaaide,thewlioleroatteri9te- 
dueed  to  the  papers  said  tO' be  fomid  m  my  closet 
by  tbekingfs  omeers,  without  aay  other  proof 


printed  in  Mr.  Brand  Hollis's  edition  of  the 
works  of  Algernon  Sidney,  in  a  Note  to  p.  31, 
of  his  ''  Memoirs  of  the  life  of  A.  Sidney." 

•*—  Russell,  the  painter,  related  to  or 
connected  with  the  OK?ers,  told  Tertue  a  re- 
roaricable stoiy.  The  greater  part  of  the  col- 
lection of  kiog  Charles  being  dispersed  in  the 
troubles,^  among  which  were  several  pictures 
of  the  outers,  Charles  S,  who  remembered, 
Bad  was  desirous  of  recorering  them;  made 
many  enauiries  about  them  after  the  restora- 
tion.  At  last,  he  wtas  told  by  one  Rogers  of 
Isleworth,  probably  Progers,  well  known  for 
being  employied  in  the  king's  private  pleasures, 
that  both  fiither  and  son  were  dead,  but  that 
the  son's  widow  was  living  at  Isleworth,  and 
bad  many  of  their  works.    The  king  went 

^  privately  and  unknown  with  Rogers  to  see 
them.  The  widow  shewed  several  finished  and 
unfinished,  with  many  of  which  the  king  bein|r 
pleased,  asked  if  she  would  sell  them ;  she 
repUed)  she  had  a  mind  the  king  should  see 
them  first,  and  if  he  did  not  purchase  them, 
she  should,  think  of  disposing  of  them.  The 
king  disoovered  himself;  on  which  she  pro- 
duct some  more  pictures  which  she  seldom 
ahewed.  The  king  desired  her  to  set  a  price ; 
she  said  she  did  not  care  to  make  a  price  with 
bis  majesty,  she  would  leave  it  to  him :  bnt 
promised  to  look  over  her  husband's  books  and 
let  hianuuesty  know  what  prices  his  fiitber  the 
late  king  had  paid.  The  kmg  took  away  what 
he  liked,  and  sent  Rogers  to  Mrs.  Oliver  with 
tbei  option  of  1,000/.,  or  )ui  annuity  of  300/. 
for  her  lite.  She  chose  the  latter.  Some 
years  afterwards,  it  happened,  that  the  king's 
mistiesBes  having  begged  all  or  most  of  these 
pietures,  Mrs.  Oliver,  uho  probably  was  a 
prude,  and  apt  to  express  herself  like  a  prude, 
said)  on  hearmg  it,  *  that  if  she  bad  thought 
'  the  king  wmidd  have  given  them  to  such 
*  wiMwes  and  strumpets  and  bastards,  he  never 

^*  should  have  had  them.'  This  reached  Ibe 
court;  thepoorwoman's  annuity  was  stopped, 
tfii(Fshe  never  received  it  afterwards."  Anec- 
dotes of  Painting  in  England,  with  some 
acceant  of  the  prindpai  artists ;  &c.  collected 
by  the  late  Mi\  George  Vertue,  and  now  di- 
giested  and  nubhshed  by  Mr.  Horace  Walpole. 
Sifswberry-hill,  printed  ir62,  in  2  vols,  ipiarto, 

As  to  the  position  that  <«  he  who  does  wjiat  he 
Urafiraid  should  be  known  has  sometbiog  rotten 
tSHmX  Mm,'*  it  does  not  appear  that  Sidney  and 
tifaasedales  must  have  entertained  any  fears 
lest  it  night  be  knoim  they  i^sceived  asskt- 
WMe  from  Fraaoe,.  in  the  prosecution  of  de- 
avnt  wbicktbayt  thooght  wem  eondncire  tar 


of  then*  bein^  written  fay  meyten  whatiafikM 
from  suppoaitioDs  upon  the  simlfitnde  «f  aA 
hand  that  is  easily  counterfeited,  aad  whidt 
hath  been  btelr  dechired  in  Ae  lady  Carr's  case 
to  be  no  lawful  evidence  in  criminal  causes. 

''  But  if  I  had  been  seen  to  write  them,  4m 
matter  wooki  not  be  mucb  dtered.     They 


the  welfare  of  their  country,  esEcept  in  96  hit 
as  such  knowledge  must  have  tend^  to  disom* 
cert  their  measures  and  to  sufeject  themsdvei 
to  legal  penalties  or  illegal  riolence :  and  as 
applied  to  fears  of  this  sort  the  position  is  m^ 
serabie  sophistry,  Wboevar  engages  in  an 
enterfirize,  how  honourable  or  beneficial,  or 
how  virtuous  soever,  by  which  the  letter  of  tb4 
law  is  infringed,  will  natnrally.  be  unwilling 
that  the  steps  which  he  is  taking  should  be 
made  known,  as  long  as  there  is  no  doubt  ihtii 
the  discovery  would  cause  the  fUlnre  of  his 
enterprise  and  the  infliction  upon  himsdf  of 
the  mighty  penalties  of  the  law.  Withio  lestf 
than  twb  years  after  lord  Russell's  dmb,  th^ 
throne  of  Charles  was  occupied  by  James,  in 
whom  Johnson  discovered  greater  virtues  and' 
greater  claims  to  reverence  and  honour  than 
even  in  his  predecessor.  Under  this  auspicious 
and  benifirnant  reign  those  who  had  received 
favourable  notice  from  the  king,  according  t^ 
Johnson's  own  account  of  Dorset,  sooir-fomid 
it  necessary  to  oppose  the  violence  of  his  inno- 
vations, and  as  enormities  grew  ei^ery  day  Icstf 
supporteble  found  it  necessary  taconcarm  the* 
revolution. 

Yet  surely  none  of  those  who  besougiit  tfatf' 
aid  of  the  prince  of  Orange  to  deliver  their 
country  from  the  infnlerablc  tyranny  by  wtiiett 
it  was  oppressed,  or  of  ti^ose  who  were  concert- 
ing plans  to  render  that  aid  most  ej9ectnal» 
would  have  been  willing  that  all  their  measvtea 
should  be  disclosed  as  long  as  there  remmaed 
no  doubt  that  the  discovery  would  tend  to 
defeat  all  tlieir  hopes  of  deliverance.     Mfbh 
respect  to  the  receipt  of  the  French  king's 
money,  it  is  needless  to  contrast  the  conditions 
upon  which  it  was  received  and  the  purposes 
to  which  it  was  applied  by  Charles,  vrith  the 
ol^ects  for  the  attainment  of  which  it  would  be 
employed  by  his  subjects. 

Indeed,  the  editor  of  the  Letters  of  Lady 
Rachel  Russell  X4th  ed:  1792)  litiffates  all  the 
itnputations  upon  Russell  and  Sidaey  which 
are  contained  m  sir  John  Dalrymple's  work, 
and  as  to  the  alledged  payment  of  the  money 
of  France  to  Sidney  andhisassociales,  he  signi- 
fies his  opinion,  and  assigns  his  reasons  for  that 
opinion,  tbat  die  money  may  have  beea  ap- 
f^priated  by  Barillon  to  his  own  use.  He' 
shall  speak  mr  hitnself. 

*«  Sir  John  hath  fully  proved,  that  Bariflon' 
was  duped  to  an  extraordinary  degree  by  knd' 
Sunderland,  in  the  reign  of  James  ttie  Second  ; 
why  not  by  lord  Russell  and  ISdney'also,  i& 
that  of  Charies  thelBecond;  and  he  oertai^' 
was,  the  more  effeefnally  to^support  an  oppo- 
sitiotttotbearfailnttyviewBof  theooort.  w- 
.sides,  wluft  jiMler  grsuad  i^Hieve  ftv  rtOwtkm 
»  4 


913] 


STATE  TRIALS,  35  Charlrs 


plainly  appear  to  relate  unto  a  hrge  treatise 
'Written  long  since,  in  answer  to  Filmer's  book, 
which,  by  all  intelligent  men,  is  thought  to  be 
Sproiindej  upon  wicKed  principles,  equally  per- 
nicious unto  magistrates  and  people. 

**  It'  he  migtit  publish  unto  the  world  his 

2;yinion,  that  all  men  are  bom  under  a  neces- 
ty  derived  from  the  laws  of  God  and  nature, 
to  submit  unto  ah  absolute  kingly  ffoveri^ment, 
which  could  be  restrained  by  no  law  or  oath ; 
and  that  he  that  hath  the  power,  whether  lie 
came  onto  it  by  creation,  election,  inheritance, 
Usurpation,  or  any  other  way,  had  the  right ; 
and  none  must  oppose  his  will,  but  the  persons ' 
and  estates  of  his  subjects  must  be  indispensi- 
hly  subject  unto  it ;  1  know  not  why  I  might 
not  hare  published  my  opinion  to  the  contrary, 
without  the  breach^  of  any  law  1  have  yet 
Icnown. 

*•  1  might,  as  freely  as  he,  publicly  have  de- 
clared my  thoughts,  and  tne  reasons  upon 
which  they  were  grounded,  and  I  am  persuaded 
to  believe,  that  God  had  \ei\  nations  unto  the 
fiherty  of  setting  up  such  governments  as  best 
pleased  themselves. 

**  That  magistrates  were  set  up  for  the  good 
of  nations,  not  nations  for  the  honour  or  glory 
€lt  magistrates. 

*<  That  the  right  and  power  of  magistrates 
in  every  conntry,  was  that  which  the  laws  of 
that  country  made  it  to  be. 

"  I  ■■.■II..  ■  ^XP— .— .^— ^— 

on  their  characters,  for  making  France  subser- 
vient to  the  true  interests  of  their  country,  than 
on  sir  John  Dalrymple  (aflerwards,  earl  of 
Stair)  and  the  other  patriots  who  intrigued  with 
Holland,  and  thus  produced  the  glorious  Revo- 
lution ?  If  Sidney  received  money,  he  cer- 
tainly did  it  with  disinterested  views,  and 
applied  it  to  worthy  uses.  A  year  afler  the 
account  of  his  taking  it,  Barillon,  the  accuser, 
thus  writes  to  his  master :  <  The  Sieur  Alger- 
'  non  Sidney,  is  a  man  of  ^reat  views  and  very 

*  highdengns,  which  lead  to  the  establishment 

*  of  a  republic,'  (vol.  2,  App.  p.  287.)   Sir  John 
may  therelbre  hush  his  troubled  spirits,  and 
depend  on  never  having  the  violent  shock  re- 
peated.   But  why  should  he  have  been  shocked 
at  an  ?  He  cannot  say  that  Sidney  ever  acted 
for  the  interests  of  France,  opposed  lo  those  of 
England,  nor  doth  even  the  French  memorials 
he  nath  produced ;  but  till  other  evidence  is 
produced  of  Sidney's  being  a  French  pensioner, 
than  that  of  a  perfidious  French  minister,  who 
was  also  the  paymaster,  and  came  to  England 
poor,  but  returned  rich,  it  is  more  reasonable  to 
conclude  that  Barillon  embezzled  and  pocketed 
what  he  placed  to  Siihiey's  account,  or  wrote 
his  letter  with  a  design  to  impose  upon  His 
master,  or  that  it  ham  been  foisted  mtothe 
depdt to  mislead  posterity.^  The  French  being 
in  so  dose  a  connection  with  both  Charles  ana 
James,  when  that  great  man's  death  bronght 
tncfa  an  odinm  upon  them,  this  money  connee* 
tion  would  certainly  have  been  exposed  to  re- 
mote it.    Ihe  man  who  disdained  even  to  ask 
hiilife-  of  one  unprincipled,  king,  andpi^oled 

TOU  IX. 


II.  1683.— /or  High  Treason.     '      [9\t 

**  That  thoae  laws  were  to  be  observed,  and 
the  oath  taken  by  them,  having  the  force  of  a 
contract  between  magistrates  and^eople,  could 
not  b<>  vitiated  mthoot  danger  of  dissolving  the 
whole  fabric. 

"  That  usurpation  could  give  no  right,  and 
the  most  dangerous  of  all  enemies  unto  kings  - 
were  they,  who,  raising  their  power  to  an  ex- 
orbitant height,  allow^  unto  usurpers  aH  the ' 
rights  belonging  unto  it. 

<^  That  such  usurpations  being  seldom  com- 
passed without  the  slaughter  of  the  reigning 
person,  or  family,  the  worst  of  all  villanies  was 
thereby  rewarded  with  the  most  glorious  pri- 
vileges. 

"  That  if  such  doctrines  were  received,  they 
would  stir  up  men  to  the  destruction  of  princes 
with  more  violence,  than  all  the  passions  that 
have  hitherto  raged  in  the  hearts  of  the  most 
unruly.         ^  ' 

"  That  none  could  be  safe,  if  such  a  reward' 
were  proposed  unto  any  that  could  destroy 
them. 

<<  That  few  would  be  so  gentle  as  to  spara^ 
even  the  best,  if  by  their  destruction  a  wild' 
usurper  could  become  God's  anointed ;  and  by 
the  most  execrable  wickedness  invest  himself 
with  that  divine  character. 

his  horse*  rather  than  it  should  be  rode  by  ano- 
ther, could  never  accept  of  a  paltry  pensioa 
from  him :  the  fact  in  every  view  is  totally  in- 
admissible." p.  XV. 

**  It  is  very  extraordinary,  that  from  the! 
time  in  wliich  Barillon  writes  so  conftdeotly  of 
his  intimacy  and  intrigues  with  the  Whigs  or 
popular  party,  to  the  glorious  Revolution^ 
there  is  not  the  least  trace  of  his  having  had 
any  other  connection  \nXh  them.  Is  not  this 
very  suspicious  ?  The  many  articles  of  false 
intelligence  he  sent  to  Louis  concerning  things 
and  occurrences  preceding  the  Revolution, 
proved  that  he  was  not  so  much  as  acquainted 
with  their  persons,  or  exceedingly  duped  by 

them,"  p.  ccxvii. 

a^^o^—^^^i— art 

*  This  is  to  be  explained  by  a  passage  in  tha 
Notes  to  Mr.  Brand  Hollis's  edition  (4to,  1772) 
of  A.  Sydne3'*s  works. 

<<  The  following  anecdote  having  been  com- 
municated to  Dr.  Hutcheson  of  Glasgow,  was 
frequently  related  by  him  to  hi^  friends :  "  Mr 
Sidney,  during  his  stay  in  France,  being  onh 
day  hunting  with  the '  French  king,  and 
mounted  on  a  fine  English  horse,  the  form 
and  spirit  of  which  caught  the  king's  eye.  re- 
ceived a  message,  that  he  would  be  pleased  to 
oblige  the  king  with  his  horse  at  bis  own  price. 
He  answered,  that  he  did  not  choose  to  part 
with  him.  The  king  determined  to  have  no 
denial,  and  gave  or^lers  to  tender  him  money 
or  to  seize  the  horse;  which  being  made 
\  known  to  Mr.  Sidne;^,  he  instantly  took  a  pistol 
and  shot  him,  saving.  That  bis  horse  was 
bom  a  free  creature,  had  served  a  free  maoi 
and  should  not  be  mastered  by  a  king  Of 
staves."  "  Mcmois,  p.  34,  Note. 
3N 


^ 


$r5 J     OTATE  TRIAJLS*  55  Cuaelbs  fi.  \6^%.^TiiA  if  Algenum  SUtup,      [916 


**  This  if  the  tooM  «f  die  whole  treatise ; 
ibe  writer  giyes  such  reesoM  as  at  present  did 
occur  onto  him,  to  jirove  it.  This  seems  to 
agree  with  the  doctnnes  of  the  most  rererended 
antbors  of  all  times,  nations  and  nelifrions. 
Tlie  best  and  wisest  of  kinrs  have  ever  acknow- 
ledral  it  The  present  king  of  France  hsth 
declared^  that  kings  have  that  happy  want  of 
power,  that  they  can  do  nothing  contrary  to 
the  laws  of  their  country,  and  grounds  his 
qparrel  with  the  king  of^^  Spain,  Anno  1667, 
i^on  that  principle.       King  James,  in  his 

ricft  to  ite  ptfliament.  An.  1603,  doth  in 
hiffhest  degree  assert  it :  the  scripture  seems 
Id  declare  it.  If  nevertheless  the  writer  was 
mistaken  he  mijg^ht  have  been  refuted  by  law, 
reason,  and  scripture  ^  and  00  man,  for  such 
matteis,  wtt  ever  otherwise  punished,  than  by 
beinff  made  to  see  his  error ;  and  it  hath  not 
(as  I  think)  been  ever  known  that  they  had 
been  referred  to  the  judgment  of  a  jury,  com- 
posed of  ,roen  utterly  unable  to  comprehend 
them. 

*'  But  there  was  little  of  this  in  my  case ; 
the  extravagance  of  my  prosecutors  goes 
higher :  the  above-mentioned  treatise  was 
never  finished,  nor  conld  be  in  many  years,  and 
most  probably  would  never  have  been.  So 
much  as  is  of  it  was  written  long  since,  never 
reviewed  nor  shewn  unto  any  man ;  and  the 
fiftieth  part  of  it  was  produced,  and  not  the 
tenth  of^tbat  offered  to  be  read.  That  which 
was  never  known  unto  those  who  are  said  to 
have  conspired  with  me,  was  said  to  be  in- 
tended to  stir  up  the  people  in  prosecution  of 
.  the  designs  of  tnose  conspiratoiB. 

**  When  nothing  of  partioular  application 
unto  time,  place,  or  person,  could  be  round  in 
k  (as  hath  ever  been  done  by  those  who  en« 
dieavoured  to  raise  insurrections)  all  was  sup- 
plied by  innnendos, 

"  Whatsoever  is  said  of  the  expulsion  of 
Tarquin ;  the  insurrection  against  Nero ;  the 
slaughter  of  Caligula,  or  Domitian ;  the  trans- 
lation of  the  crown  of  France  from  Merovens's 
race  unto  Pepin ;  and  from  his  descendants 
unto  Hugh  Capit,  and  the  like,  applied  by  in- 
nuendo unto  the  king» 

^They  have  not  considered,  that  if  such 
acts  of  state  be  not  good,  there  is  not  a  king  in 
the  world  that  has  any  title  to  the  crown  he 
bears ;  nor  can  have  any,  unless  he  could  de- 
duce hia  pedigree  from  the  eldest  son  of  Noah, 
and  shew  that  the  succession  had  stiU  continued 
in  the  eldest  of  the'eldest  line,  and  been  so  de- 
duced to  him. 

**  Every  one  may  see  what  advaotase  this 
would  be  to  all  the  kings  of  tlie  world,  and 
whether,  that  fiuling,  it  were  not  better  for 
them  to  acknowledge  they  had  received  their 
crowns  by  the  consent  of  willing  nations :  or  to 
have  no  oetter  title  unto  ihem  than  usurpa- 
tion and  violence,  which  by  Ihe  same  ways, 
may  be  taken  from  them. 

"  But  I  was  not  loo^  since  told  that  I  must 
die,  or  the  nlot  most  die. 

Lest  ta«  meajM  of  destroying  the  best 

1 


Protestants  in  Ei^and  should  fail,  the  beaek 
most  be  filled  with  such^as  bad  been  blemishes 
to  the  bar. 

*<  None  but  such  as  these  would  hare  ad- 
vised with  the  king's  counsel  of  the  means  of 
bringing  a  man  to  death,  suflered  a  jury  to  be 
packed  Dv  the  king's  solicitors  and  the  under 
sheriff,  aamit  of  jurymen  who  were  not  free* 
holders,  receive  such  evidence  as  is  above* 
mentioned,  refuse  a  copy  of  an  indictment, 
or  to  suffer  the  statute  of  46  Edw.  3,  to  be 
read,  that  doth  expressly  enact  it  should  in  no 
case  be  denied  unto  any  man,  upon  any  occa- 
sion whatsoever,  over- rule  the  most  important 
points  of  law  without  hearing.  And  wnq;ea8 
the  statute  25  Edw.  3,  upon  which  they  said 
I  should  be  tried,  doth  reserve  unto  the  parlia- 
liam'ent  all  constructions  to  be  made  in  pomts  of 
treasons,  they  conld  assume  unto  themsdves 
not  only  a  power  to  make  constructions,  but 
snch  constructions  as  neither  agree  with  law^ 
reason,  or  common  sense. 

"  By  these  means  I  am  breoght  to  this 
place.  The  Lord  forgive  these  practices,  and 
avert  the  evils  that  threaten  the  nation  from 
them.  The  Lord  sanctify  these  my  sufferings 
unto  me ;  and  though  I  fall  as  a  sacrifice  onto 
idols,  suffer  not  idolatry  to  be  established  in 
this  land.  Bless  thy  people  and  save  them. 
Defend  thy  own  cause  and  defend  those  thai 
defend  it.  Stir  up  such  as  are  ftint,  direct 
those  that  are  willing,  confirm  Uiosethat  waver, 
give  wisdom  and  integrity  onto  all.  Order 
all  things  so  as  may  most  redound  unto  thine 
own  ffk>ry.  Grant  that  I  may  die  glorifying 
thee  for  all  thi^  mercies,  and  that  at  the  last 
thou  hast  permitted  me  to  be  singled  eat  as  a 
witness  ofthy  truth ;  and  even  brthecooles- 
sion  of  my  opposers,  for  that  Old  Cause  in 
which  I  was  nom  my  youth  engaged,  and  for 
which  tbou  hast  often  and  wonderfully  dk- 
dared  thyself.'* 


41 


ThefoUomng  Article  i$  printed  from  the  4tm 
EdUion  of  the  Works  ^Algernon  Sidmem, 
publUhed.hy  Mr,  Brand  HoUu  in  M 
Year  1772,  and  the  Note*  to  it  which  were 
interted  in  that  Publication  are  retahied 
here* 

m 

THE  APOLOGY 

OP 

ALGERNON  SYDNEY, 

IN  TBK 

DAY  QF  Bm  DEATH. 

BEING  ready  to  die  under  an  aocosatisa  of 
many  crimes,  I  thought  fit  toleave  diis  as  m 
tfstimony  unto  the  worid^  that,  as  I  bad  Iron 
my  youth  endeavoosed  to  uphold  the  oommes 
rights  of  mankind,  the  laws  of  this  land,  and 
the  true  Protestant  rdigion,  affainst  oornul 
princi^lei,  arbitrary  power,  and  Fopeiy,  I  m 
now  willingly  lay  dovm  my  life  for  tiimmiti 


mr) 


STATE  TRIALS,  35  ChahLes  IT.  \6^S.^f^  High  Treason. 


[?1« 


mad  haTin«f  a  sare  witnen  within  me,  that  God 
doth  abaolre  me,  and  npbold  me,  in  Uie  utmost 
extremities,  am  very  little  solicitous,  thou^ 
man  doth  oqpdemn  me. 

I  am  no  ways  ashamed  to^anote,  that,  from 
the  year  1649,  until  the  coming  in  of  the  king*, 
I  did  pftMecnte  the  above  mentioned  principles ; 
and  havinifr  theo  finislied  to  the  advantage  of  dl 
Europe,  and  the  honour  of  this  nation,  a  nego* 
tiatton,  upon  which  I  had  been  employed  in  the 
north,  cbose  rather  to  Remain  beyond  the  seas, 
than  to  retnrn  into  my  own  country,  though 
gmerai  Monk,  upon  the  account  of  many  <%- 
^fations  received  from  me,  did  desire  me  to  re- 
tnrn, with  large  offers  of  all  the  advantages  he 
could  procure  for  me. 

I  well  knew  his  power,'  and  did  not  doubt 
of  his  intentions ;  but  though  I  thought  it  my 
•dnty  to  submit  unto  the  providence  of  God,  in 
thie '  strati^  revolutions  brought  amongst  us, 
through  the  unsearchable  counsels  of  his  wUl, 
durst  not  recede  from  the  ways  of  righteous- 
ness ;  and  through  his  grace  wasaUe  to  refect 
the  rewards  of  iniquity 

It  being  acknowledged,  that  though  I  had 
ever  oppwed  the  then  triumphing  party,  no  man 
bad  ever  shewed  himself  to  be  a  fairer  enemy, 
and  that  I  had  done  many  personal  and  roost 
important  services,  as  well  to  the  royal  fhmily, 
as  unto  such  as  depended  upon  il,  I  Imped  ^at 
no  man  would  search  into  my  present  thoughts, 
nor  so  far  to  remember  my  former  actions,  as 
to  disturb  me  in  a  most  innocent  exile ;  and  that 
the  most  ma^ickms  of  my  enemies  should  not 

Setend  that  I  practised  any  thing  against 
e  government,  I  made  Rome  the  place  of  my 
retreat,  which  was  certainly  an  ill  setae  to  act 
any  thing,  that  was  displeasing  onto  it 

But  I  soon  found,  that  no  moffensiveness  of 
hebavionr  could  preserve  me  against  the  malice 
of  those  who  sought  to  destroy  me ;  and  was 
defended  from  such  as  there  .designed  to  assas- 
onate  me,  only  by  the  charity  of  strangers. 

When  the  care  of  my  private  afiairs  brought 
'  me  into  Flanders  and  If  olland,  anno  1663,  the 
same  dancers  accompanied  me;  and,  that  no 
place  might  be  safe  onto  me,  Andrew  White, 
with  seme  others,  were  sent  mto  the  most  re- 
■lote  parts  of  Germany,  to  mnrder  me. 

The  asperity  of  this  persecution  obliged  me 
to  seek  the  protection  of  some  ^reign  princes ; 
and,  being  tnen  in  the  strength  of  my  age,  had 
veputation'enough  to  have  gained  honourable 
employments ;  hut  aH  my  designs  were  broken 
by  letters  and  messages  mm  tnis  court,  so  as 
■one  durstf entertain  me;  and  when  1  conld  not 
comprehend  the  gronads  of  dealing  wtth  me  in 
auoh  a  way,  when  I  knew  that  many  others, 
who  had  been  my  companions,  and  given  (as  I 
thought)  more  just  causes  of  hatred  against 
them,  than  I  had  done,  were  received  into  fa- 
tour,  or  sufieaed  to  live  qniet^.  A  man  of 
quality,  who  well  knew  the  temper  of  the  court, 
•xplamcd  the  mystery  unto  me,  by  letting  roe 
know,  that  I  was  distinguished  from  the  rest 
because  it  was  known,  thati  couklnotbecor- 


No  man  ooddhave  thought  it  stMn^,  if  this 
has  cast  me  into  the  utmost  extremities :  and 
perhaps  occasions  of  being  revenged  would  not 
have  been  wanting,  if  I  had  sougnt  them  ;  but, 
instead  of  that,  1  cast  myself  into  unsuspected 
retirement  in  the  most  remote  part  of  France, 
where  I  passed  above  eleven  years,  and  was 
drawn  out  of  it  only  by  a  desire  of  seeing  nij 
aged  father  before  he  died,  and  obtained  tho 
king's  passport  for  my  security. 

My  father  died  witnin  a  few  wedcs  afier  my 
coming  over  ;  and,  when  I  prepared  myself  to 
return  mto  Gascony,  there  to  oass  the  remain- 
ing part  of  my  life,  I  was  hinaered  by  the  eari 
of  Leicester  my  brother,  who  questioned  all 
that  my  father  bad  given  me  for  my  subsis- 
tence ;  and  by  a  long  and -tedious  suit  in  chan- 
cery, detained  me  in  England,  until  I  was  made 
a  prisoner. 

When  a  favourable  decree,  obtained  in  chan- 
cery, gave  me  hopes  of  being  freed  Irom  such: 
vexatious  business,  I  reassumed  my  former  de- 
sign of  returning  into  France ;  and  to  that  end 
bought  a  small  parcel  of  ground,  in  a  friend's 
name,  with  an  mtention  of  going  immediately 
unio  it.  This  proceeded  from  the  uneasiness  of 
my  fife,  when  I  found,  that  not  only  the  real 
discontents,  tibat  grew  to  be  too  conunon,  were 
ascribed  unto  me,  but  sham  plots  fastened  upon 
me,  so  as  I  could  never  think  my  life  a  day  in 
safety. 

Not  long  after  the  discovery  of  the  popish 
plot,  his  nuyesty  was  informed  of  a  great  plot  of 
the  nonconformists,  and. that  I  was  at  the  head 
of  it ;  and  though  (being  admitted  unto  his 
miyesty's  presence)  I  did  truly  shew  unto  him, 
that  there  neither  was  nor  could  be  any  thing  of 
that  nature,  as  things  then  stdod  ;  Because  it 
would  cast  his  maje^  into  conjunction  with 
the  popish,  which  they  did  most  abhor ;  the 
sham  was  continued,  as  appeara  by  the  Meahub 
business.  Though  my  name  was  not  there 
fbuud,  I  am  well  mformed,  that,  if  it  had  suc- 
ceeded, I  should  have  been  involved  in  it 

Other  ways  were  invented  to  vex  and  ruin  me. 
When  I  only  looked  over  a  baUxmy  to  see  what 
passed  at  the  election  of  the  sheriln  of  London, 
I  was  indicted  for  a  riot. 

In  April  last  I  Was  toM  by  -a  person  of  emi- 
nent uualitv,  virtue,  and  unoerstandii^,  that  I 
should  infallibly  be  made  a  prisoner.  I  asked 
upon  what  pretence.  Heattegedsome  things 
that  were  entirely  frivolous,  mating  unto  vue 
persons,  whose  faces  and  naanes  I  did  not  know, 
but  conduded  some  or  other  would  be  found ; 
and  that  if  I  was  once  taken,  it  mattered  not 
for  what  cause;  it  being  impossible  to  avoid 
condemnation,  before  sud  juoges  and  juries  as 
I  should  he  tried  by. 

About  the  middle  of  June  the  town  was  full 
of  rumours  of  a  olot  said  to  be  discovered  by 
Keeling,  and  not  long  after  by  West.  Some 
persons  fled,  arid  a  proclamation  issued  to  have 
them  apprehended.  My  name  was  in  every 
coffee-house,  and  several  informations  were 
given  me,  that  I  should  certainly  be  seised.  I 
mentioBed  this  to  several  penons;  but  knowing 


919]      STATE  TOTALS,  35  ChAMLIBB  It.  l683.-^Tr»a/  0/  Mgermon  Sitbuy.     I929 


no  reason  why  I  should  abseni  myielf,  resohred 
not  to  do  it :  and  coDtioued  io  that  mind,  tbougrh 
I  waa  told,  early  in  the  morning  on  the  26th  of 
June,  that  the  duke  of  Monmouth  was  retired, 
and  colonel  Rumsey  had  rendered  himself. 

Thi8  concerned  me  so  litile,  that  I  spent  that 
nwrnin^  upon  my  usual  studies,  or  entertaining 
«uch  friends  as  cmne  to  see  me ;  and,  whilst  1 
was  at  dinner,  a  messenger  came  and  aiTcsted 
me  in  the  kind's  name,  by  an  order  from  four 
lords  of  the  pnvy  council.  Immediately  after 
dir  Philip  Lloyd  came,  with  another  order  from 
the  same  lords,  to  seize  my  papers.  He 
searched  many  secret  places,  but  did  not  find 
one  that  he  tliought  fit  to  take,  except  such  as 
lay  openly  upon  m^  table,  or  in  a  trunk  that 
had  notl]«en  shut  msome  yeare.  When  he 
had  ransacked  all,  and  put  what  he  pleased  into 
H  trunk  and  pillowbear,  he  would  have  per- 
suaded me  to  put  my  seal  unto  them  ;  but  I, 
remembering  what  had  passed  at  colonel  Man- 
«en*s  lodging,  and  some  other  occasions  of  the 
like  nature,  refused  to  do  it ;  whereupon  he  put 
his  own  seal,  but  promised,  that  they  should 
hot  be  opened,  unless  it  were  in  my  presence ; 
which  was  observed  as  other  promises  of  that 
nature  have  been ;  for  I  nerer  saw  the  said 
tnmk  or  piilowbeai*  to  this  day.  From  my 
own  house  I  was  carried  to  the  messsengers, 
and  from  thence  to  Whitehall,  before  the  four 
lords,  by  whose  order  I  had  been  apprehended. 

The  lord  keeper  [North]  asked  me  some 
questM>ns  concerning  sir  John  Cockram,  and 
Aaron  Smith,  unto  which  I  returned  answers 
with  all  the  respect  I  could,  without  prejudice 
unto  the  truth ;  and,  when  I  tliought  that  I  had 
given  full  satisfaction,  was  Uken  into  the  cus- 


there  deUined  a  close  prisoner.  Within  a  few 
days  ailer,  my  house,  money,  horses,  goods, 
and  chattels,  were  seized  both  in  the  town  and 
country,  whicH  I  take  to  be  contrary  to  the 
laws  et  the  land,  in  these  three  points ;  first,  it 

*  "  Hithe.  Sir  LeOlin  Jenkins,  son  of  a 
taylor,  judge  of  the  Admiralty,  was  in  hopes  to 
be  archbishop  of  Canterbury ;  employed  in  four 
embassies,  and  whose  indefatigable  industry  in 
promoting  a  peace  for  France,  has  been  our 

;    [curse  or  niin.]      He  affirmed  in 

the  House  of  Commons,  That  upon  necessity, 
the  king  might  raise  monies  without  act  of  par- 
liament. A  seasonable  argument  to  persuade 
all  the  Grand  Juries  in  England,  to  petition 
for  a  new  Pariiara^nt.  Or  a  list  of  the  princi- 
pal labourers  in  the  great  design  of  Fopery 
and  arbitrary  power;  who  have  betrayed  their 
country  to  the  conspirators,  and  barj^ained  with 
them  to  maintain  a  standing  army  in  England, 
under  the  command  of  the  bigotted  popish 
Duke,  who  by  the  assistance  of  the  L.  L.'s 
^Lord  Lieutenant's]  Scotch  army,  the  forces 
in  Ireland,  and  those  in  France,  hope  to  bring  all 
»»<^k  to,  Rome."  Amsterdam,  printed  in  the 
yw  1677,  in  quarto.    [By  Andrew  Warvell.] 


is  expressly  said  in  BfagnaChartayCoiifinDedb^ 
above  thirty  parliaments,  and  many  other 
statiites  now  in  force,  that  no  man  shall  be  ina* 
prisoned,  unless  it  be  by  the  judgment  of  bis 
peers,  upon  the  testimony  of  two  credible  wit- 
nesseSf'or  his  own  free  confession,  without  foio« 
or  violence ;  whereas  here  was  no  indictOBsnl 
or  witness  produced  until  the  7tb  of  November, 
and,  thougn  extreme  violence  was  used  to  lae, 
I  confessed  no  crime  at  all.  Sdly,  The  law  of 
England  appoints  imprisonment  *  in  custodian,' 
not  '  in  pttnam,'  acknowledges  no  close  inopii- 
sonment ;  whereas  1  was  kept  with  the  most 
extreme  rigour,  to  the  great  prejudice  of  my 
health,  and  almoet  destructiop  of  my  life,  with- 
out any  consolation  from  my  friends,  until  a 
few  days  before  my  trial.  3dly,  The  law  of 
England  admits  of  no  seisure  of  goods  til{  alter 
conviction  ;  whereas  divers  lewd  fellows  were 
put  into  my  house,  who,  besides  many  insoleo^ 
cies  committed,  did  (as  1  am  informed)  felo- 
niously take  away  my  coaches,  sevtraJ  iianoels 
of  goods,  and  some  money, 4ong  before  |uy  io- 
dictment  was  exhibited  against  me,  and,  though 
I  made,  several  addresses  unto  the  king  and 
council  for  the  removal  of  those  violeiioes, 
could  obtain  no  relief.  . 

November  6,  I  received  notice  feoni  the 
lieutraiant  of  the  Tower,  that  an  babew  eer^ 
was  brought  unto  him,  and  a  command  to  bnnsr 
me  the  next  day  before  the  king's  bench  ;  vA 
I  was  accordingly  brought  into  the  police* 
yard  of  Westminster,  between  lea  tmd  eleveo 
the  clock  in  the  morning,  before  the  grand 
jury  assembled,  or  the  king's  ooonsel  could 
know  the  bill  would  be  found,  uileas  they  had 
the  faculty  of  divining,  or  hdd  such  an  mlel* 
ligence  with^  the  grand  jury,  as  utterly  over- 
throws all  justice. 

The  bill  being  found,  I  was  immediately  hnr* 
ried  to  the  bar,  through  a  strong  guard  of  sol* 
^iers,  to  be  arraigned.  The  bul  was  read  in 
English  and  in  Latin.  I  found  it  to  be  very 
long,  nerplexed,  confused,  and  containinsr  a 
heap  01  cnmes,  distinct  in  nature,  distinguiuied 
from  each  other  by  laws  relating  unto  oeveral 
statutes,  which  required  several  oonsiidentione; 
no  overt  act  was  precisely  set  forth,  with  ill 
due  circumstances ;  no  man  named,  with  wbona 
I  was  said  to  have  conspired ;  the  meetings  to 
conspire,  were  said  to  be  on  the  dOth  c^  June, 
and  many  other  days  both  before  and  since; 
whereas  I  was  then,  and  had  been  some  days 
before,  and  ever  since,  a  close  prisener:  here'^ 
upon  I  desired  the  advice  of  ooonsel,  to  frame 
exceptions  against  the  hiU,  |votessing  that  to 
me  it  seemed  to  be  void,  as  many  had  been  de- 
clared to  be  so,  and  particularly  that  of  the 
duke  of  Somerset.  I  instanced,  that  the  coart 
had  allowed  unto  sir  H.*  Vase  the  liberty  of 
making  his  exceptions,  and  pleadini;  over, 
which  the  laws  allow  in  naatters  of  lite ;  hut 
all  was  refused,  without  an  v  odier  reason  than 
the  will  of  the  judges.  I  toen  desired  counsel 
to  frame  a  special  plea,  opening,  as  well. as  I 
could,  the  s^ope  of  it;  but  coold  obtain  no- 
thing; and  lastly^  when  I  .offered  a  ^Mcial 


&211 


STATE  TRIALS,  35  Charles  II.  iSss.^fir  High  Treaam.  [923 


plea^  fcftdy  engrbtsed/  the  court  would  not 
veoei?e  it,  unless  it  might  be  peremptory,  de- 
cUring,  that  if  it  were  over-ruled,  1  sbouid  be 
bo  iurtber  heard  ;  w^ch  condition  I  was  not 
willing  to  accept  of,  inasmuch  as,  though  I  be- 
lieved my  plea  to  be  ^pod,  I  was  more  confi- 
dent jof  the  merits  ot  my  cause ;  and,  lest  I 
should  be  depiived  of  the  benefit  of  pleading, 
was  forced  to  eome  to  the  general  issue. 

This  proceeded  merely  from  my  own  igno- 
rance in  the  law,  and  want  of  counsel,  which  if 
I  had  had)  the  court  could  not  have  imposed,  so 
notorious  a  fraud  upon  me,  as  toonake  me  be- 
Uevf?,  that  i  could  not  be  admitted  to  plead  not 
guilty,  if  tluit  special  plea  came  co  be  over- 
TuleJ^;  every  one  that  is  any-ways  versed  in 
Ihe  law  knowing,  that  I  might  do  it  without 
danger.  If  it  had  been  received,  the  court 
would  have  been  obliged  to  cut  off  those  intri- 
cacies, ambieuities,  by  which  I  was  entangled, 
and  the  jury  hrougbt  to  bring  in  a  verdict  which 
they  did  not  understand ;  or  impude^itly,  in  the 
face  ot  the  world,  to  have  shewn,  tfaiat  they 
had  no  consideration  of  law  or  common  sense : 
and  whalsoevertbey  did,  might  then  have  come 
to  the  general  issue.  Being  driven  upon  these 
extremities,  by  the  violence  and  fraud  of  the 
chief  justice,  who  threatened,  that  juck^ment  of 
treason  shonld  be  immediately  entcreo,  if  1  did 
not  come  to  the  general  issue,  1  was  forced  to 
plead  not  guilty,  and  thereby  lost  the  advan- 
tage, which  was  never  to  be  recovered,  unless 
the  judgts  could  have  been  changed :  they, 
who  knew  I  could  never  be  condemned  upon 
«uch  evidence,  as,  by  consulting  with  the  king^s 
counsel,  they  knew  would  be  produced,  unless 
the  matter  could  be  rendered  unintelligible  by 
a  common  jury,  resolved  against  any  thing, 
that  should  explain  it,  or  make  the  truth  to 
appear,  and  would  never  suffer  me  to  g^t 
out  of  the  snare  in  which  they  had  caught 
me. 

Th^  court,  for  fiishion's  sftke,  allowed  me  a 
finrlaight  to  prepare  for  my  trial ;  but,  lest  the 
fraud  or  errors  of  the  indictment  should  be  dis- 
covered, as  tliat  time  might  be  of  any  benefit 
unto  me;  the  copy  of  it,  and  the  help  of  coun- 
sel, were  again  denied,  unless  I  coulo  tell  upon 
what  points  in  law  I  would  desire  their  advice. 
This  was  no  less  than  to  injoin  impossibilities. 
Having  never  studied  the  law,  1  was  utterly 
ignorant  of  it;  the  indictment  was  so  long, 
perplexed,  and  intricate,  that  the  ablest  law- 
yers could  give  me  but  a  very  imperfect  ac- 
count of  it  upon  hearing,  though  the  whole 
contexture  of  it  seemed  to  be  such  as  was  not 
to  be  upheld  by  kw ;  it  was  hard  for  them 
justly  to  fix  upon  the  wavs  of  overthrowing  it, 
when  the  exoentions,  and  the  special  plea  that 
I  offered,  had  oeen  rejected,  unless  they  had 
had  it  beiare  them,  and  nicely  examined  it ; 
inuch  less  could  it  be  done  by  me,  who  am 
utterly  unexperienced  in  those  matters.  Mr. 
Attorney  [sir  Robert  Sawyer,  knt.]  had  then 
so  much  confidence,  and  so  little  charity,  as 
o|»enly  to  avow,  that  I  sbouid  not  have  counsel, 
hat  they  sbovld  fomiab  or  teaoh  me  the  point* 


of  l^w  that  I  might  insist  cpon.*  This  appeared 
strange  unto  aU  those  who  have  any  knowledge 
of  the  laws  of  God  or  man,  and  that  are  not 
eouallv  deprived  of  charity  and   humanity. 
Tne  Qotaining  of  justice  is  the  end  of  the  law, 
and  truth  the  rule  of  it :  hereepon  it  is  agreed 
by  mankbdjthat  every  man  ought  to  know  his 
accusation,  that  he  may  know  to  direct  his  de- 
fence, or  receive  advice,  if  he  be  ignorant  in  it. 
It  is  an  absurd  perverrion  of  all  law,  lo  88y» 
that  I  heard  it  read ;  When  it  was  rendered  so 
long  and  intricate,  that  neither  I,  nor  ai^v  other . 
man,  was,  upon  reading,  able  to  comprenend  il. 
One  of  the  worst  acts  that  were  imputed  unto 
Caligula,  the  worst  and  basest  of  men,  wae, 
that  he  caused  edicts  ,to  be  wriftten  in  a  hand, 
and  set  up  in  a  place  where  no  man  could  read 
them :  hereby  he  turned  the  law  into  a  snare, 
and  destntyed  those  who  did  not  conform  them- 
selres  .unto  the  rule  they  never  knew.    Tbey^ 
fall  under  the  same  condemnation  who  make 
accusations  obscure,  and  suffer  them  not  to  be 
examiued,    lest   they  should    be  understood. 
To  evade  this,  my  prosecutors  fabiely  pretend, 
that  no  such  privilege  is  allowed  to  prisoners  i^ 
England.    But,  besides  that  natural  and  uni- 
versal rule  of  justice,  which  can  be  over-ruled 
by  no  municipal  law,  I  did  produce  the  stat.  of 
46  £d.  3,  which  doth  plainly  enact,  that  all 
men,  in  all  cases,  whether  they  be  snch  as  fall 
out  against  the  king,  or  any  others,  shall  btvt 
copy  of  such  records  as  are  against  them  ;  and 
shewed  that  the  parliament,  whose  example  &H 
other  courts  ought  to  follow,  had  allowed  unttt 
the  earl  of  Strafford,  the  earl  of  Danby,  thd 
lord  Staflbrd,  and  the  popish  lords  now  m  the 
Tower,  copies  of  their  indictment :  and,  if  it 
bad  been  pretended,  that  such  a  privilege  wai 
allowed  only  unto  peers,  1  was  ready  to  say, 
that  though  I  am  not  a  peer,  I  am  of  the  wo^ 
of  which  they  are  made,  and  do  not  find,  that 
our  ancestors  were  less  careful  of  the  lives  of 
commoners,  than  of  peers,  or  that  one  law  ii 
made  tor  them,  and  another  for  us ;    but  are 
all  entirely  under  the  sime  law,  and  the  same 
rules. 

I  confess  that,  at  the  time  of  my  tfraigir* 
m^ent,  t  was  not  folly  provided  with  argumelilt 
and  proofb  of  these  matters ;  but  when  1  eame 
to  my  triah,  had  those  that  were  kbundantly 
sufficient :  nevertheless  the  chief  justice  (who, 
by  his  oath,  and  the  king^s,  ought  to  hate  in- 
formed me  of  that  law,  if  I  did'not  know  it) 
wouM  not  suffer  the  statute  to  be  lead,  when  I 
produced  an  authentic  copy  of  it,' nor.  allow  me 
the  copy  of  my  indictment,  which,  aoeofding 
unto  the  true  meaning  and  express  words  there- 
of, I  demanded. 

Though  I  was  thus  irres^ularly  horrisd  unto 
trial,  I  thought  thdt  my  InrtE,  education,  and  life, 


^ 


*  «  Chipping  Wickham.  Sir  Robert  Saw* 
er,  a  lawyer  of  as  ill  reputation  as  his  father, 
las  had  for  bis  attendance  this  seeaion  ifiOOL 
and  is  promised,  as  he  insinuates,  to  be  Alter- 
ney  General  and  Speaker  of  the  Hoote  «f  Com- 
mons." A  seasoneUe  Argument,  ete. 


925]     STATE  TRIALS,  35  Charles  IL  I  G^S.-^Trial  of  Algenum 


tW4 


ndfhi  have  deserved  a  jury  of  the  principal 
knights  and  gentlemen  that  were  fredmiders 
in  Middleeek ;  or,  if  that  rule  ivere  broken, 
the  most  eminent  men  for  quality  and  under- 
standing, reputation  and  virtue,  who  lived  in 
the  country,  though  they  had  not  freeholds, 
might  have  been  taken  to  fUl  up  the  pannel. 
The  importance  and  difficulty  or  the  matter  in 
question  seemed  fiuther  to  enforce  it;^  bat, 
when  a  cooy  of  the  pannel  was  sent  unto  me, 
I  found  UAtall  rules  of  decency,  discretion, 
and  humanity,  liad  been  n^lected,  as  well  as 
those  of  (aw;  the  bailifis  had  not  been  suffered 
to  summon  such  of  the  freeholders,  in  their 
several  hundreds,  as  seemed  most  fit  for  such  a 
service;  but  received  orders  to  summon  by 
name  such  as  Graham  and  Burton  had,  mm 
the  under-sheriff,  agreed  upon ;  the  copy  of 
the  pannel  was  sent  unto  me  before  one  of  them 
was  summoned ;  and,  if  I  am  rightly  informed, 
some  of  the  best  being  put  in  only  for  fiishion- 
sake,  did  never  receive  any  summons;  but 
sure  I  am  they  did  not  appear. 

The  life  I  have  led  might  have  given  me 
aome  land  of  knowledge  of  such  as  reasonably 
might  be  thought  fit  to  be  my  judges ;  but  1 
4id  not  know  the  face  of  one,  nor  die  names  of 
more  than  three  of  the  wbote  panel,  and  they 
last,  as  did  not  appear.  Upon  examination  1 
Ibund,  that  they  had  not  only  put  in  very  many 
that  were  not  freeholders,  but  picked  up  a 
rabble  of  men  of  the  meanest  callings,  ruined 
fortunes,  lost  reputation,  and  hardly  endowed 
with  such  understanding,  as  is  required  for  a 
jury  in  a  Nisi  Prius  court  for  a  business  of  5/. 

This  might  have  been  a  little  mended  by 
sifUng,  if  the  reasons  alledged  against  such  as 
were  the  king's  servants  in  pay,  wanted  free- 
hold, or,  for  some  act  specified,  were  notori- 
ously infamous,  had  been  accepted ;  but  the 
lord  chief  justice  being  pleased,  without  pre- 
tence of  law,  reason,  or  precedent,  or  suQeiing 
the  point  of  law  concerning  fireehold  to  be 
aigued,  to  reject  my  exceptions,  I  waa  forced 
to  challenge  them  peremptorily,  whom  I 
knew  to  have  been  chosen  to  destroy  me ;  and 
|vas  thereby  derived  of  the  benefit  allowed  by 
the  law,  and  forced  to  admit  of  others  most 
like  unto  them  (whereas  it  is  said,  that  I  re- 
jected men  of  ouality,  and  took  such  as  were 
mean,  I  do  i^t-ofess,  that  I  do  not  Jaoow  of  a 
man,  family,  name,  or  fortune,  upon  the  panel, 
but  Mr.  Burt,  sir  Charles  Gerard,  and  Mr. 
Hawtray ,  whom  I  resolved  to  have  accepted ; 
and,  if  I  did  challenge  any  other  like  unto 
them,  it  was  merely  by  mistake;)  and,  to 
embroil  the  minds  or  a  jury  thus  constituted, 
the  king's  counsel  produced  Mr.  West,  colonel 
Bumsey,  Keeling,  and  sir  Andrew  Foster,  to 
tell  stones  upon  heantay  The  three  first  spake 
of  a  plot  between  themselves  and  others,  in 
which  I  was  no  more  concerned,  than  that 
they,  who  had  not  reputation  to  carry  on  such 
a  work,  were  wilting  to  make  people  believe, 
that  I,  and  some  that  had  more,  were  engaged 
in  it.  This,  in  truth,  did  very  much  tend  to 
myjustificatioQi  for  it  19  not  to  be  imagined, 


,  that,  if  I  had  been  engaged  in  their  desigiis,  I 
should  not  rather  have  communicated  with 
West  and  Rumsey,  than  >nich  mean  penons, 
as  were  hardly  in  a  distance  of  being  known  by 
me :  and  Foster's  deposition  went  no  farther, 
than  that,  as  the  lord  Howacd  saiji,  some 
Scotch  gentlemen  were  desired  to  come  up 
upon  a  pretence  of  treating  concerning  Caio* 
Una,  some  did  come  to  treat  of  the  same;  bat 
of  me,  or  any  correspondence  between  me  and 
them,  he  says  not  a  word.  The  lord  Howard's 
deposition  was  very  rhetorical,  but  nothing  at 
all  to  the  present  purpose.  The  indictment 
set  forth  a  conspiracy  on  the  30th  of  Jane, 
wherein  I,  and  divers  others  to  the  jury  un- 
known, did  then,  and  many  other  days  bodi 
before  and  after,  in  the  parish  of  St  Giles's,  not 
having  the  fear  of  God  before  oar  eyes,  at  the 
instigation  of  the  ^evil,  had  traiteroosly  oon- 
spirra  the  king  to  depose  and  kill ;  the  govern- 
ment to  Subvert ;  to  levy  war,  and  a  crad 
slaughter  of  his  subjects  to  nnke;  and,  ia 
order  hereunto,  had  written  a  fidae  and  sedi- 
tious libel  <nr  book  to  stir  up  the  peofile. 

The  witnesses  produced  by  me  were  ^ree 
eminent  peers,  two  gentlemen  of  great  qnatity, 
cousin  ^pennans  of  the  lord  Howard,  a  doctor 
of  divinity,  a  French  gentleman,  two  of  my 
servants,  and  a  very  considerable  cidsen.  Six 
of  these  did  depose,  that  the  lord  Howaid, 
with  hands  and  eyes  lifted  up  to  heaven,  and 
calling  God  to  witness,  had  most  solemnfy  de- 
clared he  knew  ofno  plot;  believed  there  was 
none ;  took  that  which  is  mentioned,  to  be  a 
sham  invented  by  the  priests  and  Jesuits,  and 
the  more  dangerous  for  being  a  sham,  hecaase 
no  man  knew  where  it  would  end.  Four  of 
them  said  expressly,  hehad,vrith  the  same 
asseverations,  declared  his  confidence,  that  I 
knew  of  none,  for  that  I  was  so  moch  bis  friend 
that,  if  I  had  known  of  any,  I  would  have 
communicated  it  unto  him. 

Before  I  was  brought  to  my  trial,  I  had  aet 
down  a  certain  method  to  be  kept  in  making 
my  defence,  and  twelve  points  of  law  to  be 
argued  by  counsel,  or  saved  to  be  found 
specially,  if  the  jury  did  find  any  fhct  agiast 
me.  But  all  was  inverted  by  the  violence  of 
the  chief  justice,  who  perpetually  intemipled 
me ;  and  was  observed  so  well  to  choose  his 
time  of  breaking  of  my  discourse,  as  never  to 
suffer  me  to  finish  any  point  that  pinched  too 
hard  upon  the  undue  practices  of  my  prosecu- 
tors, or  most  conduced  to  my  defence.  When- 
soever I  cited  a  law,  or  a  judged  case,  that 
made  for  me,  or  proposed  a  point  of  taw  to  be 
argued  or  reserved,  be  would  teU  me  it  waa 
n(2fain^  to  the  purpose,  they  had  already  deter^ 
nuned  it,  and  ooliged  roe  to  be  silent.  Then  I 
thereupon  said,  it  was  to  no  purpose  to  speak, 
if  law,  reason,  and  truth,  were  not  reoarded. 
He  told  me,  that  if  I  would  not  speak,  they 
knew  how  to  proceed. 

When,  by  the  inipudenoe  of  his  extrava- 
gance, I  was  driven  into  these  straits,  I  law  na 
better  way  than  to  shew,  that  the  only  witnena 
against  me  was  the  lord  Howards  and  he 


925] 


STATE  TRIAL3»  35^  ChaslbS  H.  l6is.^^  Higk  Treason. 


l$26 


Cfm\d  deseire  no  credit;  that  bavinff,  at  the 
kNrd  Rcuweirs  trial,  acknowjed^,  Skat  the 
religioos  obligmtidn  of  an  oatb  did  not  consist 
in  the  outward  administering^  of  it,  but  the 
calling*  of  God  to  be  a  witness  unto  it ;  that  he 
liad  there,  as  in  the  presence  of  God,  asserted 
things  inconsistent  with  what  he  had  then 
sworn  (so  as  Mr.  Howard  said  it  was  impossible 
that  what  he  said  unto  him,  and  what  he  had 
then  sworn  in  the  court,  could  be  true,  unless 
his  lordship  had  one  soul  on  Sunday,  and  .ano- 
ther on  Monday ;)  that  he  had  thereby  sworn 
himself  perjured,  which  was  beyond  any  legal 
conFiction,  and  ouffht  to  destroy  his  testimony, 
as  well  as  if  he  had  been  legally  con?icted. 

That  he  had  now  added  new  perjuries  unto 
tiie  former,  in  swearinff  things  different  from, 
and  inconsistent  with,  mat  he  nad  sworn  against 
the  lord  Russell ;  and  then  concluded,  that  he 
hnew.no  more. 

That,  being-  under  the  guilt  of  many  con- 
fessed crimes,  the  terrors  of  death,  the  despair 
of  obtaining  pardon,  unless  it  were  by  the 
drudgery  of  swearing,  as  was  testified  by  Mr. 
Blake,  or  doing  other  jobs,  as  had  been  said  by 
Hunt  and  Burrouffhs,  who  durst  not  appear, 
thoitfb  subpcsnas  had  been  sent  them  ;  he  did 
in  enect  confess  his  former  crimes  were  to  be 
redeemed  only  by  committing  more ;  he  ought 
not  to  be  credited ;  that  he  was  my  debtor ;  and, 
having  defrauded  me  in  the  matter,  and  for 
the  money,  with  which  I  had  trusted  him, 
coming  to  my  house  under  the  name  of  a 
ineiid,  he  had  endeavoored  to  get  my  plate, 
9dA  oUier  things  of  value  into  his  hands. 

That  the  matter  of  his  deposition  was  as  ab- 
surd and  impossible  as  lane;  that  the  six, 
which  were  nid  to  be  a  select  council,  were 
sdected  by  no  man;,  that  they,  not  being 
chosen  by  any,  could  not  erect  themselves  into 
a  cabal,  to  manage  such  business  a»  were  by 
no  man  committed  untp  their  chaige:  that 
they  did  not  know,  and  could  have  no  con- 
fidence in  one  another;  that  1  had  never 
spoken  unto  the  duke  of  Monmouth  until  he 
Ivought  the  said.duke  to  dine  with  me  by  a 
•heat  put  upon  us  both  a  few  days  before  the 
pretended  meetings;  that,  upon  such  occa- 
sions, when  men  £d  invite  themselves  to  con- 
spire, they  did  ever  choose  such  as  they  trast- 
M,  and  could  help  forwards  the  designs  for 
which  they  did  conspire ;  that  the  lord  Howard 
was  trusted  bv  none  of  them,  and  was  so  far 
from  being  able  to  do  any  thinff  towards  snch 
an'  end,  that  he  durst  not  say  he  coidd  bring 
five  men  into  the  field,  furnish  five  pounds  by 
his  purse  or  credit,  or  knew  how  to  command 
them  jlf  they  were  brought  together  bv  any 
-  other ;  that  tf  he  said  the  san^e  thing  of  me,  I 
might  confess  it ;  and  did  confess,  I  did  not 
know  five  men  in  En^^iand  that  would  follow 
me  ;  and  oould  have  sasd  very  much  more,  if  I 
had  not  been  hmdersd  by  the  chief  justice  his 
firequent  interruptions. 

That»  his  deposition  being  destroyed,  nothing 
nnuuned;  ,or  though  contrary  to  law  and 
it  wen  rsgttvsd,  it  fionid  M  of  no  value, 


That  no  use  could  be  made  of  the  pftpers 
said  to  be  found  in  my  house.  That,  though 
the  government  of  France  is  said  to  be  violent, 
no  use  could  be  made  of  many  papers  of  most 
dangerous  consequence  said  to  be  taken  in  M. 
de  Fouquet*8  house,  by  the  king  of  France  his 
officers ;  and'the  error  of  not  inventorying  Uiem, 
in  the  presence  of  some  persons  trusted  by  him« 
was  never  to  be  repaired,  and  he  had  been 
saved  by  it.  That  no  man  said  I  writ  them, 
and  simihtude  of  writing,  in  criminal  cases^ 
could  be  no  evidence,  as  appeared  by  the  iud*;- 
ment  of  the  chief  justice  Keeling,  and  me 
whole  court  in  the  lady  Car's  case. 

That,  whosoever  wnt  them,  thej  appeared  t» 
be  only  some  scraps  of  a  large  treatise,  in  answer 
to  Filmer's  book,  which,  being  full  of  abomi* 
nable  maxims,  might  be  opposed  by  any  mtfn : 
the  like  having  been  written  by  one  White  a 
priest,  in  favour  of  Cromwell,  when  he  was  us 
possession  of  the  power ;  he,  though  a  tyrant, 
abominated  it,  and  a  gentleman  who  presented 
it :  that,  if  I  had  written  and  pid>lished  a  book, 
I  must  be  answerable  for  the  contents  of  it,  the 
whole  being  considered ;  but  when  a  few  sheets^ 
relating  unto  some  hundreds  mentioned  in' 
them,  were  produced,  not  only  the  scope  of 
the  whole  remained  unknown,  oui  the  antece- 
dents and  the  consequents  of  the  words  thejr 
had  read,  being  kept  secrets,  no  man  could  say 
whether  this  woik  were  good  or  evil,  true  or 
false:  that,  when  I  desired  those  papers  brought 
into  the  court  should  be  all  reaa,  it  was  ab- 
surdly proposed,  that  I  should  name  die  pas- 
sage, J,  not  knowing  any  word  that  was  in 
them ;  that  the  ink  and  paper  did  evidently 
shew  they  were  very  eld,  and  it  was  impos- 
sible they  should  have  any  dependence  upon 
bnsmesB  pretended  to  be  now  in  agitation ;  sach 
as  had  been  written  many,  perhaps  twenty  or 
thurty  years  ago,  could  not  relate  unto  the  pre*^ 
tended  consultations  within  ten  months. 

That  no  tribunal  did  ever  take  notios  of  a 
man's  private,  crude,  and  undigested  thoughts  t 
that  thouffh  the  inquisition  is  the  worst  and 
most  bloody  tribnnal  that  hath  been  known  in 
the  world,  I  never  feared  to  write  what  I  plMS« 
ed  affainst  the  religion  there  professed,  when  1 
lived  under  it ;  and,  though  it  raged  in  Spain 
more  than  any  other  phM»,  nd  monk  ooohi  bn 
questioned  for  any  such  writings,  though  they 
contained  the  most  dangerous  heresies,  if  not 
published;  and  it  were  enough  for  him  that 
had  written  them,  to  say^  that  he  was  perlu^ia 
mistaken.  This  being  so,  there  is  neither 
matter  nor  evidenee ;  the  lord  Howard's  testi* 
monv  is  nothing  in  itself,  and  cannot  be  sujh 
plieo  by  that  which  is  also  aotbing,  or,  if  it 
were  to  be  received  by  ita^,  could  have  no 
relation  to  the  consults  of  which  he  acCTiseth 
I  must  ever  insist  upon  the  law  of  God 


me. 


given  by  the  hand  of  Moses,  confirmed  by 
Christ  and  his  Apostles,  whereby  two  witnsssea 
are  necessarily  required  to  every  word,  and 
eveiT  matter.  This  is  received  by  all  that 
profess  the  name  of  Christ,  and  so  undentood 
by  all,  that  no  man  in  any  place  can  be  pot  la 


9t7]      STAT£  TKIALS»  55  Charus  II.  iSSS^TVudi^Argimcn  Sidney,     [92I 

That  the  compaftdDgof  the  king^s  death,  de- 
clared to  be  treason  in  the  first,  braneh  of  the 
Stat.  25  £d.  3.  was  meant  his  corporal  death, 
inasmuch  as,  in  his  politic  capacity,  b^  can 
never  die ;  and  cannolbeimplyedby  the  branch 
relating  unto  the  levying  of  war,  which  is  an 
act  distinct  in  nature,  aiKl  distinguished  by  law 
from  it ;  the  authorities  of  Coke  and  Hales,  wen 
ailedgsd  to  prove  this  distinction,  that  to  levy 
war  was  not  to  eoroiiasB  the  death  of  the  kinr ; 
and,  being  treason  of  different  species,  Ae 
overt-act  of  the  one  could  not  be  the  overt-act 
of  the  other :  that  conspiring*  to  levy  war,  was 
ik>t  treason  of  itself,  nor  by  implication,  as  ap- 
pcared  by  se?eral  temporary  acts  of  the  lef 
Mar.  13  £li.  13  Car.  16.  and  others,  whereby 
after  a  certain  time  during  tb^ir  lives,  to  cod* 
spire  to  levy  war  is  made  treason,  which  had 
been  impertinent,  if  it  bad  been  ever  so  by  the 
ancient  stat.  of  35  £d.  3. 

The  casa  of  sir  H.  Vane  was  aHed|ned,  who, 
though  he  had  been  an  eminent  man  in  all  the 
counsels  relating  unto  the  first  «'ar,  by  which 
the  late  king  was  brought  to  death,  it  was  never 
imputed  unto  him,  because  erery  man  knew  he 
had  no  hand  in  it ;  and,  though  be  did  not  deny 
but  he  had  the  like  part  in  me  war  oontinned 
against  his  majesty  now  reignmg,  he  oonld  not 
be  convicted  without  pro<^ot  his  appearing  with 
a  regiment  in  South  wark  :  but,  as  tn  the  pre- 
sent case,  here  is  neither  king  bronght  to  death 
nor  war  levyed,  nor  any  thing  done  in  reUtioli 
(Hther.  Here  is  nothing  but  a  meeting  acted 
——a  conspiracv  wherein  it  is  not  so  mndi  as 

Kretended,  that  the  matter  which  they  are  saidta 
ave  conspired,  was  ever  mentioned  ;  and  shew 
war  my  accusers  dream  of,  vr  as  to  be  made  with- 
out men,  money,'  arms,  ammunitkm,  officers, 
soldiers,  places,  or  any  thing  done  tcvwards  the 
providing  anj  of  them.  Much  might  have  been 


t#e  or  mose  lestii^  the  same 
irord  or  thing.  The  leason  of  this  is  not  be- 
cauae  two  or  mare  evil  men  may  not  be  foand, 
aa  appears  by  the  story  of  Suranna ;  hot  be-  j 
Gftuse  it  is  hard  fbr  two  or  more  so  to  agree  upon  ' 
aM  circumscanops  relating  unto  a  lye,  as  not '. 
tadiwirt  one  another:  t^  whosoever  admits  ' 
of  two  testifying  several  things  done  or  said  at 
several  tknea  or  places,  conducing,  as  is  said  of 
late,  unto  the  same  eiK*s,  destn»ys  the  reason 
of  that  law,  takes  away  all  the  defence  that  the 
most  innocent  men  can  have  for  their  lives,  and 
•pens  a  wide  gate  for  perpiry,  by  taking  away 
all  possibility  of  disoovering  it.  This  would  l>e 
iar  more  miachievoos  in  England,  where  there 
is  no  law  of  retaliation,  than  other  eountries, 
where  a  fiUse  witness  undergoes  the  same  pn- 
iiiskment  as  should  have  teen  inflicted  upon 
the  accused  perMm,  if  his  words  had  been  found 
true;  but  the  law  of  England  doth  require  two 
witnesses  imto  the  same  thing,  in  tbestatnt. 
Ed.  6^,  wherebv  compassing,  by  express  word, 
to  depose  the  king  is  made  penal  by  foi^ture 
ef  goods;  eto.  and  the  stat.  3  Eliz.  9, 8c  13  Car. 
St,  enaetingy  that  conspiring  to  levy  war  should 
ha  treason,  necessarily  required  two  witnesses 
fM*  the  proof  of  it.  The  admission  of  two  tes- 
tifying things  passing  at  several  times  and 
places,  is  bnt  a  new  inventkm.  The  lords  were 
Wought  to  swalluw  it  at  the  lord  Staiihrd's 
trial,  ny  the*  peiiect  concurrence  of  the  testi- 
monies of  Torbervile  and  Duedale,  in,  the  same 
thing,  vis.  murdering  the  king,  though  the 
as  ;vas  ip  Franoe,  the  other  in  Staffordshire ; 
hat  if  thJ^^-'which  was  then  perhaps  too  far 
atmined,  be  carried  so  much  farther,  as  to  ex- 
taad  to  any  thing  that  these  gentlemen  shall 
fimcy  may  oonduoe  unto  the  same  end,  there 
ia  no  safety  in  the  law,  and  no  man  can-  be 
tend  innocent,  unless  he  please,  as  was 
said  by  one  of  ^  worst  magistrates  that  ever 
tras  in  Rome  in4he  worst  time,  '*  scituros  ne- 
**  mtnem  se  inrito  renariri  posse  insontem." 
8ig.  de  imp*  ope.  That  though. Jthere  were 
iuoh  a  numner  of  witnesses  as  the  hnrs^of  God 
and  man  require,  and  they  of  credit,  no  crime 
ia  fixed  numi  me  that  is  or  hath  ev6r  been  de- 
alarad  to  ne  treason  by  the  law.  It  is  said  in 
fhm  indiotmcnt,  that  I  conspired'  the  death  of 
tfaeldng:  butno  man  said,  that  any  mention 
waa  ever  made  of  it  in  my  presence ;  even  the 
kiB|^  knows  I  am  not  a  man  to  have  any  such 
deagn ;  and  I  am  no  more  capable  of  it  than  of 
f«ti^  him,  if  he  were  death  ^dead]  I  think  I 
tm^  say^  I  did  onceaare  his  lite,  but  I  am  sure 
I  aerer  endeavoured  to  take  it  away.  If  the 
nwetings  mentioBed  were  to  be  taken  for  con- 
apimdes  against  his  migesty's  life,  something 
nJMist  have  been  there  proposed  and  resolved 
onnuiuing  the  ways,  manner,  time,  place,  or 
persons,  by  whom  it  should  be  effected ;  of 
w)iioh  not  one  word  is  pfetended,  nor  that  he 
was  so  much  aanamed. 

That  conspiracies  take  their  denomination 
ftom  the  thing  that  the  conspirators  endeavour 
t»  oompass;  and  no  men  were  ever  said  to 
OHispire  to  do  that  n^hich  waa  never  spoken  of 
Moongit  them. 


foundation  of  the  council  of  six  to  have  heea 
in  prosecution  of  the  earl  of  Shaftesbury's  da- 
({''His;  and  their  apprehensions,  lliat  a  boar- 
Uc...  A.  own  to  so  many,  could  not  continue 
secret ;  and  pretended  their  end  to  have  been, 
to  adjust,  with  mubhfineness<a  business  con- 
sisting of  many  pieces ;  wiiv  'ms  it  doth  fnoC] 
appear,  tliat  any  of  the  six  (except  hioaself)  knew 
any  thing  of  what  that  eari  bad  designed ;  hot 
certain  it  is,  that  none  of  them  had  in  along  time 
had  any  communication  with  him.  The  duke  of 
Monmouth  and  himself  thought  him  to  he  mad. 
I  could  say  much  of  the  eari  of  Essex  hb 
thoughts  of  the  same  kind ;  and,  besides  the 
known  dislikes  which  he  had  unto  me,  and  I 
unto  him  and  his  ways,  I  did  not  see  his  face  in 
almost  a  year  belbre  he  went  out  of  England, 
and  had  no  communication  with  him  after- 
wards. No  man  but  the  lord  Howard  had  to  tbia 
day  explained  the  vast  designs  that  were  then 
knoH'D  to  so  many,  but  they  could  not  he  con- 
CMled ;  and  he  had  not  ^Id  the  name  of  one  of  the 
10,000  brisk  boys,  that  were  to  do  such  wonders. 
Ifhesaytrae,  fiothingwaadoBete  adfustwitk 


9«9]  STATE  TRIALS,  35  Charles  II.  I683.— /cr  High  Treasw. 


[930 


socfa&ieiicssUke  business  of  many  pieces,  be- 
yond the  most  common  discourses;  and  no 
word  fixed  upon  any  -  man  except  the  duke  of 
JHonnMuth,  who  ym  of  opinion,  that  a  rabble 
could  not  resist  a  well  methodized  amy.  A 
flcholai',  that  knoweth  not  the  difference  between 
method  and  discipline,  might  give  such  a  term 
onto  the  right  soldiers  of  an  army  ;  but  he  that 
attributes  it  unio  a  soldier,  shews,  that  the  whole 
is  an  invention  of  his  own. 

The  management  of  this  afiair  by  the  coun- 
cil, or  cabal,  was  equal  uhto  the  reasons  of 
forming  it :  ^ot  one  of  those  pieces  were  taken 
into  consideration  :  no  care  taken  of  provid- 
ing men,  arms,  ammunition,  or  places ;  no 
mention  vjaade  of  any  correspondence  in  ci^  or 
country,  and  money,  which  was  the  principal 
point,  was  spoken  of  only  jocosely,  or  by  the 
way  of  mirth. 

This  is  a  new  way  of  carrying  on  the  greatest 
business  in  the  world,  and,  if  it  were  true,  could 
only  shew,,  that  thesis  were  as  mad  as  some  of 
them  thought  the  earl  of  Shaftesbury  ;  but,  if 
the  reputation  that  some  of  them  have  or  had  in 
the  world,  be  compared  unto  that  of  the  lord 
Howard,  it  will  .be  thought  more  probable  that 
he  is  a  liar,  than  that  they  were  fools. 

The  rest  of  the  romance  is  suitable  unto  this. 
He  saith,  thata  correspondence  was  resolved 
with  the  earl  of  Argile  ;  but  doth  not  say  how, 
by  whom,  when  or  why.  The  matter  relating 
unto  the  other  Scotchmen  is  not  less  crude: 
such  as  best  understoqd  matters  of  Scotland 
should  besent  for ;  acanting  letter  written,  and 
sent  by  Aaron  Smith ;  but  he  neither  tells  cer- 
tainly who  ^itthe  letter,  or  to  whom  it  was  di- 
rected, what  were  the  express  words  or  contents 
of  it,  nor  whether  it  was  6ver  delivered,  or  not : 
and  he  waa^  so  careless  of  this  important  affair, 
as  not  to  remember  the  names  of  men  ;  and  he, 
that  ought  to  be  satisfied  they  were  fit  for  such 

a  work,  was  forced  to  learn  the  name  of  sir 

Cambell,  by  description,  which  is  impossible  : 
no  man  can  know  tne  likeness  of  a  picture,  un- 
less he  knew  the  man  for  whom  it  was  drawn  ; 
nor-  by  description  him  that  he  doth  otherwise 
know.  The  last  part  of  that  story  agrees  well 
enough  with  the  rest.  Having  embarked  hkm* 
self  and  his  friends  in  this  vast  bu9iiulb«,<fmd 
advanced  it  so  far  asyou  have  heard,  hethou|pht 
that  all  was  well,  and  it  did  not  deserve  his  far- 
ther care  :  he')t«y^dle  at  the  least  ten  weeks  in 
liondon,  or  at  Knightsbridge,  contenting  him- 
self oi^ly  in  asking  roe,  whether  Aaron  Smith 
Vas  gone ;  and  then  thought  himself  more  con- 
cerned in  visiting  a  manor  of  about-200/.  a  year 
in  Essex,  than  advancing  the  business  of  \var 
and  state  that  he  had  undertaken :  after  having 
for  a  while  loitered  there,  with  the  same  indit- 
ference  and  serenity  of  mind,  he  made  another 
Journey  to  the  Batn  :  this  is  the  parenthesis  he 
mentions,  that  lasted  almost  six  months,  some 
may  impute  it  to  the  sedate  constancy  of  a  phi- 
losopher, others  to  the  stupidity  of  a  beast ; 
but  whosoever  considers  the  nature  of  the 
thing,  and  the  temper  of  the  person,  can  never 
Mieve,  that  a  wi»e  or  virtuous  man  could  so 
YOU  IX. 


shamefully  neglect  the  most  important  interest 
of  liis  friends  or  coinitry  ;  and  such  as  Imow 
how  much  bis  lordsbip,  through  a  inost  tender 
love  unto  himself,  is  concerned  in  the  most  tri- 
vial affairs  that  relate  unto  his  person  or  interest^ 
will  as  little  think  he  could  be  so  well  at  leisure 
as  not  to  look  afler  those  that  came  so  near 
unto  bis  life  and  fortune,  if  any  such  had  been 
then  in  agitation.  **  Oportet  meodacem  esse 
memorem."  If  the  proverb  be  true,  that  liars 
ought  to  have  good  memories,  his  lordship,  at 
my  trial,  ought  to  have  thought  of  what  he  had 
said  at  the  lord  Russell's  ;  and,  if  the  story  had  , 
been  too  long  to  be  exactly  related,  he  m^rfat 
have  had  recourse  unto  that  which  is  in  prmt. 
Sir  H.  Vane  the  elder,  and  others  being  exa- 
mined at  the  earl  of  Strafford's  trial,  desired  to 
see  their  first  examinations  taken  ih  writing, 
lest  they  might  fail  in  any  word  ;  and  tba 
prosecutors,  as  well  as  iudges,  seeking  nothing 
out  truth  and  justice,  allowed  it.  If  the  sa^e 
ends  had  been  now  sought  he  might  have  read 
out  of  the  book  what  he  had  said  at  his  first 
trial,  and  suffered  to  say  no  more :  but  the 
drudgery  of  swearing  was  not  over ;  some  other 
jobs  must  be  done,  before  he  could  have  his 
pardon ;  that  which  he  had  said  was  not  enough, 
and  notwithstanding  his  oath,  that  he  knew  no 
more,  he  must  swear  more,  whether  he  knew 
it,  or  not.  A  fruitful  fancy,  s|)urred  on  by  fear 
and  restrained  neither  by  conscience  nor  shame, 
fiimished  matter  abundantly  ;  and  all  was  re- 
ceived, though  directly  contrary  to  his  former 
deposition  upon  the  same  thing :  he  frames  a 
formal  speech  for  Mr.  Hamden,  as  an  over^  . 
ture  of  the  sessions  ;  reduced  the  iocvUtkjf^tdi 
course  of  money  to  a  more  serio  considera- 
tion of  raising  thirty  or  S5,000/.  supposes  the 
lord  Russell  to  have  been  the  writer  of  the  letter 
sent  by  Aaron  Smith  ;  makes  another  s|)eech 
for  Mr.  Hamden,  which  he  calls  invidious,  aa 
tending  to  an  intention  of  referring  all  lo  the 
wil|  of  the  parliament ;  but  neither  fineth  upoa 
any  thing  done,  or  to  be  done,.ncr  rdates  a  word 
satth  by  me,  unless  '^*  were  in  private  unto  him- 
self, concernhig  A.  Smith. 

Such  stitff  would  not  (as  I  suppose)  have 
been  received  in  any  court  of  justice  in  Eu- 
rope, nor  in  Westminster- hall,  till  it  was  fiu*- 
nished  with  these  judges  ;  but  they  resolving 
to  rieceive  all  that  was  against  me,  though  evi- 
dently false,  would  neither  suflter  me  to  say  the 
tenth  part  ofwhat  I  had  to  alledge  in  my  de- 
feui*e,  nor  to  explain  or  prove  that  which  I 
))rop08ed.  When  the  chief  justice  did  cut  me 
off,  I  did  as  justly  as  I   could,  desire  him  to 

{iroceed  softly  and  fairly :  that  a  wise  heathen 
lad  said,  no  delay  ought  to  be  esteemed  long, 
'when  the  life  of  a  man  was  in  question  ;  and 
that  the  Scripture  put  an  evil  character  upon 
those  whose  ibet  were  swift  to  shed  blood  ;  but 
all  was  in  vain  ;  the  points  of  law  concermng 
the  different  sorts  of  treasons  could  not  be 
heard  ;  no  council  allowed  to  argue  them  ;  no 
point  of  law  saved,  when  I  shewed,  that  here 
was  in  my  case  neither  conspiracy  aeainst  the 
life  of  theking,  nor  war  levied  ;  and  mt  if,  by 
30 


$3!  ]      STATE  TRIALS,  Z5  Ch ARLBS  11.  l683.— Tm/  of  Algernon  Sidney,     [932 

treason ;  that  the  like  was  declared,  stat 
1  Ma.  uid  by  the  £d.  6,  express  words,  and^ 
opeb  preaching,  to  compass  the  deposing  oV 
the  king,  setting  up  another  title,  etc.  thougli 
proved  expressly  by  two  credible  -  witnesses^ 
were  not  made  treason  ;  and  coald  have  easily 
inferred  a  fortiori,  that  a  polemic  discourse 
left  imperfect,  never  examined,  never  shewed 
to  any  man,  writ  long  since,  relating  iu  ge- 
neral unto  such  cases  as  those  of  Tarquib, 
Calij^la,.  Nero,  Yitellius,  Peter  the  Crud  of 
Castile,  the  degenerated  races  of  Mereveos,  or 
Charles  the  Great,  or  the  like,  could  have  no 
relation  unto  any  statute  of  treason  in  England  ^ 
but  the  chief  justice  would  not  sufier  me  tb 
speak. 

This  explained  a  mystery  which  no  man 
could  before  understand :  ihey,  who  saw  I  was 
not  brought  to  a  trial  with  the  lord  Rossell, 
believed,  that,  if  the  gaols  did  uot  furnish 
some  other  evidence  aa;ainst  me,*  I  should 
be  released  without  a  tnal ;  but  when  these, 
and  many  other  )>oints  of  law,  were  over- 
ruled without  hearing,  it  plainly  appeared, 
that  my  trial  was  deferred  until  an  undersheriff 
could  be  made,  that  would  pack  a  jury  with 
Burton  and  Graham,  and  the  bencSi  could  be 
filled  with  such  judges,  as  had  no  understand- 
iug  of  the  law,  nor  regard  unto  reason,  jus- 
tice, truth,  or  common  sense ;  for  words, 
though  sworn  by  two  credible  witnesses,  could 
not  1^  brought  within  the  25  Ed.  8,  ooly  bj 
any  but  such  as  these,  according  to  the  auAo- 
ritv  of  Cook  and  Hales,  and  Pine's  case,  nor 
taken  for  an  overt-act  of  compaasmg  the 
king's  death.  But  they  could  bring  the  most 
confused  improbable  and  contradictory  rela- 
tions of  one  man  of  no  credit  a  proof  of  aeon- 
spii-acy  ;  and  as  an  overt  act  hath  [hatch]  up 
his  credit  with  papera  as  ill  proved,  and  con- 
taining matters  unkuown  unto  him,  and  having 
no  coherence  with  what  he  said.  Such  as 
they  only  could  suffer  a  witness  to  guess  a 


long  series  of  far-fetched  incoherent  suppo- 
sitions, any  man  fancied  mc  to  be  guilty  of 
treason,  it  must  be  by  constructions  which 
none  but  the  parliament  could  make :  to  prove 
tiiis  T  cited  the  Stat.  25  Ed.  3,  and  desired  it 
ini^'bt  be  read,  with  the  proviso  that  no  other 
court  shoiili)  take  cognizance  thereof ;  but  I 
nas  overburue  by  the  unreasonable  violence 
of  the  chief  justice,  and  denied  the  reading  of 
the  statute,  the  assistance  of  counsel  to  argue 
the  points  of  law,  or  tliat  any  of  those  pro- 
posed by  me  should  be  saved  unto  me. 

The  tirst  was,  that,  by  the  law,  no  man 
could  be  tried  upon  an  indictment  laid  in  a 
county,  unless  it  were  composed  of  freeholders, 
ddly,  The  Court  having  declared,  that  I  was 
tried  upon  the  stat.  21  Ed.  3,  it  ought  to  he 
declared  upon  what  branch  of  that  statute. 
3dly,  That,  though  a  conspiracy  to  levy  war 
were  swore  by  one  witness,  and  that  a  credible 
one,  I  <^ught  not  to  be  thereupon  indicted  by 
the  stat.  1  Ed.  6, 12,  the  5  Ed.  6,  11,  and  the 
13  Car.  2.  4thly,  That  conspiracy  to  levy  war 
is  not  treason,  by  the  stat.  "21  £d.  3.  5thlj^, 
That,  by  the  same,  conspiring  to  levy  war,  b 
not  an  overt -act  of  compassing  the  king's 
deatfi ;  and,  though  overt- acts  were  pretend^, 
they  are  not  to  1&  inquired  into,  without  the 
testimony  of  two  credible  witnesses  by  the 
1  Ed.  6,  12,  and  5  Ed.  C,  11,  and  I  ought  not 
to  be  obliged  to  confess  such  a  conspiracy,  if 
jtbe  not  proved.  6thly,  Without  admitting 
die  fact,  I  ought  to  have  counsel  to  ai^ue  the 
points  of  law  arising  upon  the  evidence  ;  inas- 
much as  (  may  have  cause  to  demur  unto  the 
evidence,  auci  want  their  advice  thereupon, 
rthly.  That,  supposing  the  lord  Howard  to  be 
a  credible  witness,  he  is  but  one :  no  man  can 
be  thereupon  found  guilty,  as  appears  by 
Whitebread's  case;  the  papers  cannot  be  taken 
for  another  witness,  similitude  of  hands  is  no 
evidence,  whosoever  writ  them  ;  they  can^have 
no  concurrence  with  what  is  said,  being  un- 
known to  himi  written  many  years  since,  as 
Appears  by  the  ink  and  paper,  and  no  way 
relating  unto  the  matter  in  question,  nor  ap- 
plied unto  any  particular  time  or  case  \what- 
socver.  8thly,  That,  though  tl^e  meetings 
mentioned  by  the  lord  Howard  were  supposed 
to  he  to  consult  to  lefywar,  such  assemblies 
could  not  be  taken  for  overt-acts  of  conspiring 
the  death'  of  the  king,  no  word  or  overt-act 
tending  thereunto  in  giving  in  evidence  ;  no- 
tliiug  arising  from  suppositions,  arguments, 
presumptions,  or  constructions,  can  make  a 
man  a  traitor  :  the  end  of  the  stat.  25  Ed.  3, 
was  to  take  away  ambiguities,  and  variety  of' 
>  opinions,  and  the  decisions  of  all  such  cases  as 
,  ar«  thereby  referred  to  the  parliament. 

If  these  points  were  not  allowed,  counsel 
might  have  oeen  admitted  to  argue  tliem,  or 
«a\  cd  to  be  found  specially,  as  was  desired  ; 
hut  all  in  vain. 

1  well  knew  the  disorder  that  had   been 

brought  upon  the  nation  in  the  time  of  Rd.  2, 

when  as  it  is  said  in  the  stat.  1  H.  4,  no  man 

-  kii«w  what  to  speak,  or  what  to  do  fo^*  fear  of 


*  ''  Mr.  Aaron  Smith  deposed,  that  he  was 
a  prisoner  in  the  Tower  when  lord  Russell 
and  colonel  Sidney  were  tried ;  and  was  kept 
close  prisoner  above  19  weeks  at  5/.  a  week 
charge,  and  two  warders  watched  him,  or  lay 
in  the  room.  That  one  of  his  warders  told  him 
that  Mr.  Ambrose  Philips  was  come  to  speak 
with  him,  and  had  an  order  from  oiie  of  the 
secretaries  lo  come  as  of^en  as  he  would,  and 
bring  whom  he  would  with  him  ;  but  then  he 
was  alone.  When  Mr.  Philips  came  in,  alter 
some  other  discourse,  he  told  him,  it  was  in 
his  power  to  make  himself  what  he  would ; 
for,  said  he, '  You  know  this  rogue  Sidney  is  a 
traitor,  and  you  may  make  yourself  what  y'>u 
w^ill,  if  you  will  discover  what  you  know  of 
his  designs  against  the  governlnent.'  That  be 
replied,  <  He  could  not  say  any  thing  that  could 
touch  a  hair  of  colonel  Sidney's  head  ;'  and 
that  then  Mr.  Philips  said,  <  If  be  might  advise 
the  king,  he  would  have  all  the  damned  Whig 
rogues  nanged,  <SwC.  Stc.  &c.' "  A  Display  m 
Tyranny,  pairt  2,  p.  281. 


933]  STATE  TRIALS,  35  Charles  II.  1 683— /«•  Higk  TreatM.  [95* 

man  into  treason,  or  make  the  most  extra?a-        Such  as  they  only  coald  fancy,  that  a  few 

scraps   of  old  paper,  refuting  the  doctKnet 
ot  one  of  the  most  wicked  and  tboMsh  books  that 


cmtgaeniDgs  ormpposition to  pass  for  evi- 


jMn4^ 


•  '« The  sbeiiffii  wre,   Peter  DanieU  esq. 

id  fiamoel  Dadvwood,  esq«  who,  together 
with  sir  Henry  Tolse,  knt.  mayor,  were  ap- 
pointed by  a  commission  under  the  great  seiA. 
The  under  sheriift  were,  Thomas  Rowse,  gent. 
and  Charies  Hargrave,  gent.  There  was  all 
this  summer  [1681]  strange  practising  with 
witnesses  to  find  more  matter  against  him  [the 
earl  of  Shaftesbory :]  Wilkinson,  a  prisoner 
fyr  debt,  that  had  been  often  wkh  him  was  dealt 
witb  to-  accuse  him.  The  Court  had  found 
out  two  solicitors  to  manage  such  matters. 
Burton  and  Graham ;  who  were,  indeed,  fitter^ 
men  to  have  served  in  a  Court  of  Inquisition, 
than  in  a  Imil  government."  Burnet's  Hist. 
of  his  own  'Kmes. 

*«  Mr.  Graham,  the^  Solicitor  of  all  the  late 
sham  Plots  u^on  Protestants,  and  pay  >  master 
of  eomi|it  jun^  and  perjured  witnesses,  soli- 
cited  this  prosecution  [against  the  earl  of 
Shaftesbury  J  and  hence  took  his  first  step  to 
HQch  preferment  as  enabled  him  to  give  eight 
or  19,000/.  with  a  daughter.''  A  Display  of 
Tyranny.  Or  Remarks  upon  the  illegal  and 
arbitrary  prooeedineps  in  the  Courts  of  West- 
minster and  Guiid-nall ;  from  the  year  1678, 
to  the  abdicatron  of  the  late  king  James :  in 
whkh  time  the  role  was  *  Quodprincipi  placuit 
*  lex  esto.'  London,  printed  anno  Angtiae  sa- 
l«itisprino,1689,  part  1,  p.  66,  in  duod. 

**  Then  the  jmy  immediately  gave  in  their 
'vvrdict,  that  the  (defendant  [sir  Sunuel  Bar- 
mrdiaton,  bartl  was  guilty  w  the  offence  and 
misdemeanor  diarged  in  the  indictment ;  as 
no  doubt  they  resolved  to  do,  4>eibre  they  heard 
one  ward  of  the  matter.  The  judgment  upon 
this  veidici  was,  *«  That  the  defendant  should 
pay  10,000/.  fine,  and  be  imprisoned  till  paid, 
and  to  find  sureties  for  his  good  behaviour  for 
life.  Accordingly  he  was  committed  for  the 
6Be,  to  the  Kmg's-bench,  and  continued  a 
Britooer  four  or  five  years,  which  satisfied  not ; 
DOt  Graham  and  Burton,  those  instruments  of 
xapiae  and  oppression,  broke  in  upon  his  estate, 
auM  besides  tile  waste  and  destruction  made, 
leiisd  to  their  own  use  and  the  long's  about 
6,000/."    The  same,  p.  914. 

"  Upon  this  occasion  of  health  drinking,  1 
cannot  hinder  myself  from  remembering  the 
ease  of  Mr.  Ehas  Best,  a  substantial  citizen, 
but  011&  who  bad  been  an  ignoramus  juryman, 
a  great  reproach  and  an  unpardonable  crime 
in  tl^t  day,  as,  sir,  you  very  feeling^ly  know. 
He  was  indioted  for  the  frolic  of  drmking  to 
the  pious  memory  of  honest  Stephen  College, 
and  condemiied  to  a  fine  of  1,000/.  ;  to  stand 
three  times  in  the  pillory  ;  and  to  give  sure- 
ties for  his  good  behaviour  for  life.  On  this 
jodj^ment,  be  was  imprisoned  three  yeara ;  to 
the  loss  of  a  good  trade,  and  to  the  ruin  of 
hit  heakh  and  estate ;  and  when  almost  ready 
to  expoe,  he  was  gradonsly  pardoned,  upon 
payment  of  900/.  to  the  Empson  and  DmDey 
of  the  kta  reign,  Graham  and  Burton."    The 


same,  part  2,  in  the  epistle  dedicatory,  to  sir 
Samuel  Bamardiston,  oart. 

'*  Mr.  Normansel  and  Mr.  Trotman,  the 
secondaries,  deposed,  that  Graham  and  Burton 
were  theprosecutore  of  lord  Kussell ;  that  sir 
Dudly  North  had  the  books  from  Uiem,  and 
returned  lord  Russell's  jury  ;  that  juries  had 
usually  been  returned  by  the  secondaries,  and 
taken  out  of  two,  three  or  four  wards ;  but 

this  jury  was  taken  out  of  above  ]  9  wards. 

Mr.  Trotman  added,  that  Graham  and  Burton 
were  also  the  prosecutore  of  alderman  Cornish 

Sir  Dudly  North  went  on  sayinjg;,  that  he 

impannelled  the  juries  -for  the  sessions  n  liea 
the  lord  Russell  was  tried ;  that  he  returned 
the  best  jury  he  could,  without  observing  any 
ward ;  and  drew  this  out  of  several  wards,  bc^ 
cause  they  might  be  the  more  substantial  men  ; 
» — that  the  juries  before,  were  returned  by 
the  secondaries,  hut  this  being  a  very  extra- 
ordinary business,  he  thought  it  requisite  to 
take  care  of  it  himself."  The  same;  part  3, 
p.  285-6-7. 

"  After  this  he  [John  Hambden,  esq,]  was 
brought  to  a  trial  for  misdemeanor,  and  was 
convicted  on  the  lord  Howard's  evidence.  He 
pleaded  Magna  Cbarta,  that  a  Salvo  oontene- 
mente ;  but  the  Court  fined  him  40,000/.  and 
to  imprisonment  till  th^  fine  was  paid,  and  se- 
curity for  his  good  behariour.  The  kioe  made 
his  choice  of  putting  him  in  prison,  and  he  was 
committed  to  the  marahal's  house  in  the  King's 
Bench,  where  he  was  ten  months.  He  offered 
several  sums  of  money,  and  tbe^^  answered, 
*  They  had  rather  have  him  rot  in  prison  than 
pay  the  fine.'  After  this,  they  put  him  in  the 
Common  prison,  where  he  was  kept  ten  or 
eleven  months  very  dose.  Then,  they  con- 
trived a  writ,  called  a  long  writ,  to  reach  his 
real  and  pers(»al  estate,  whilst  he  was  thus  a 
prisoner.  After  this,  be  beard  a  new  wit- 
ness appeared,  which  vras  after  the  defeat  of 
the  duke  of  Monmouth.  He  was  [then]  sent 
close  prisoner  to  the  Tower,  by  the  lord  Sun- 
derland's warrant ;  and  put  into  such  a  room 
where  he  had  no  convenien^,  and  with  two 
of  the  rudest  warden  in  the  Tower,  to  lie  in 
the  room  with  him.  After  seven  or  eight 
weeks,  he  was  removed  to  Newgate,  where  he 
was  kept  close  ^eleven  weeks.  His  friepds 
offered  money  for  his  pardon  to  some  in  power, 
who  were  the  lord  Jefi*eries  and  Mr.  Petrc  ; 
the  sum  was  6,000/.  and  that  was  effectual. 
It  is  not  possible  for  a  man  to  suffer  more 
than  he  did.  By  the  hdp  of  the  money  on 
condition  he  would  plead  guilty  to  his  inatct- 
ment,  he  was  to  come  off.  His  friends  advised 
him  to  it,  because  it  could  hurt  none  ;  there 
being  none  living  of  t^ose  called  the  council  of 
six,  but  the  lord  Howard.  Whereupon, 
pl«u!ing  guilty,  he  was  dischaiged ;  pacing 
three  or  400/.  to  Burton  and  Graham  ror  the 
charge  of  hia  pardon."  The  same,  part  9, 
p.  301. 


935]  STATE  TRIALS.  35  Charles  II.  iSsS^THtf/o/fTiffiVifiiL^rdlZvAfeff,  [95d 

ev«r  was  writteD  in  the  world,  tended  to  tbe 
■ubTereion  of  our  gOYemmenk}  and  that  his^ 
approbation  of  tbe  slauehter  of  Calig^ala,  or  the 
insurrectiona  aninat  Nero,  were  overt  acts  of 
conspiring'  the  death  of  the  king  now  reigning 

'<  Monday,  Jan.  20,  1689.      Mr.  Chrisly 

'  reported  from  the  committee,  to  whom  the 
bill  for  annulling  the  attainder  of  sir  Thomas 
Armstrong  was  recommitted ;  some  amend- 
ments to  the  bill ;  as  also  who  were  his  pro- 
secutors ;  and  also  what  losses  sir  Thomas  Arm- 
strong's &mily  had  sustained  by  reason  of  the 
attainder;  and  thereupon  it  was  resolved, 
"  That  sir  Richard  Holioway,  (late  recorder  of 
Oxford,  ivhose  part  in  the  dispatching  of  Ste- 
phen CoUedge  advanced  him  to  this  station,  as 
this  author  elsewhere  observes)  sir  Francis 
Wilhens,  the  executors  of  the  late  lord  Xeffries 
and  of  the  Islte  iustice  Walcot,  Mr.  Graham 
and  Mr.  Bui  .on  do  attend  the  House  (of  Com- 
mons) on  Saturday  morning  next,  to  answer  to 
such  matters  as  are  charged  against  them 
touching  sir  Tliomas  Armstrong.  *'  Then  Mrs. 
Matthews,  sir  Thomas  Armstrong's  daughter, 
was  called  in,  aud  examined  what  she  knew  of 
the  prosecution  against  hrr  father:  and  sir 
Bobert  Sawyer,  then  Attorney  Cjeneral,  being 
named  by  her,  as  one  of  the  prosecutors,  after 
she  was  withdrawn,  he  w&s  heard  in  his  place 
to  what  was  objected  affainst  him,  and  then  he 
withdrew,  and  upon  debate  of  the  matter  it  was 
lesolved,  <^  That  sir  Robert  Sawyer's  name  be 
put  into  tbe  bill  as  one.  of  the  prosecutors  of 

N  sir  Thomas  Armstrong.  Resolved,  That 
sir  Robert  Sawyer  be  expelled  the  House  for 
the  same.^' 

'<  Saturday,  Jan.  25,  1689.  The  House 
being  acquainted,  that  acconling  to  their  order, 
sir  Francis  Withens,  sir  Uichard  Holloway, 
Mr.  Graham  and  Mr.  Burton  attended  at  the 
door,  they  were  severally  called  in  and  exa- 
mined touching  the  prosecution  and  proceedings 
against  sir  Thomas  Armstrong.  And  also  the 
executors  of  the  late  lord  Jetfrius,  that  were 
attending  at  the  door,  were  likewise  called  in, 
and  asked  what  they  had  to  say  why  reparation 
should  not  be  made  out  of  the  lord  Jeffries 
.estate  to  the  said  sir  Thomas  Armstrong's  fa- 
mily. No  persons  appearing  as  executors  to 
the  late  justice  Wa'.cot;  the  House  was  ac- 
quainted, that  he  died  intestate,  and  had  not 
left  ail  estate  sutficiput  to  pay  his  debts.  After 
the  persons  before  mentioned  were  heard  and 
withdrawn,  Mr;  Blaney  was  called  in,  who 
gave  the  House  an  account  of  the  proceedings 
of  the  court  of  king's- bench,  upon  the  award- 
ing execution  against  sir  Thomas  Armstrong. 
And  then  the  House  proceeded  upon  the 
amendments  made  b^  the  committee  to  the  bill, 
lor  annulling  the  attainder  of  sir  Thomas  Arm- 
strong: and  after  having  inserted  the  name  of 
sir  Robert  Sawyer,  as  a  prosecutor,  and  re- 
solved, «*  That  the  sum  or  5,000/.  should  be 
paid  bv  the  judges  and  prosecutors  to  sir  Tho- 
mas Armstrong's  lady  and  children,  as  a  re- 
compenoe  of  Uie  losses  they  bad  sustained  by 


in  England.  The  thing  was  fit  to  be  bwmglsi 
only  tefbre  snch  as  sought  to  deserve  the  pse- 
ferments  unto  which  they  were  unwortlulj 
advanced,  by  doing  such  jobs,  as  would  hsve 
been  abhorred  by  any  t^at  had  understood  tfae 

■*.  --  -  -     — r- 

m 

reason  of  his  attainder ;  (the  biU  was  reoooa- 
mitted,)  &c.  &c."  The  same,  part  1,  p.  225. 
'<  The  Commons  (1680)  did  also  assert  the 
right  of  the  people  to  petition  for  a  psrliaoMmt. 
And  because  some  in  their  counter  petitaoos 
had  exprrased  ^eir  abhorrenoe  of  this  practioe, 
they  Toted  these  abhorrers  to  be  betrayers  of 
the  liberties  of  the  nation.  They  expeUed.  one 
Withens  out  of  their  house  for  signing  one  of 
these,  though  he  with  great  humility  OMifessed 
his  <Bult,  and  begged  pardon  for  iti  The  merit 
of  this  soon  raised  bim  to  be  a  judge ;  for  in« 
deed  he  had  noother  merit.  They  feU  also  on  sir 
George  Jeffries,  a  furious  declaimer  at  tlie  bar: 
but  he  was  raised  by  that,  as  well  as  by  thw 
prosecution."  Burnet's  History  of  bis  own 
Times,  vol.  1,  p.  484. 

"  The  addresses  had  now  (1683)  gone  roimd 
England.  The  grand  juries  made  after  that 
high  presentments  against  all  that  were  esteem- 
ed wbigs  and  non -conformists.  'Great  paios 
were  taken  to  find  out  more  witnesses.  PSr- 
dons  and  rewards  were  ofiered  very  freely.  But 
none  came  in ;  which  made  it  evident,  that 
nothing  was  so  well  laid,  or  brought  so  near 
execiutiou  as  the  witnesses  had  deposed :  other- 
wise people  would  have  been  crouding  in  lor 
Cardous.  All  people  were  apprehensive  of  ▼ery 
lack  designs,  when  they  saw  Jefiries  msiis 
lord -chief-justice,  who  was  scandalously  vi- 
cious, and  was  drunk  every  day  ;  besides  a 
drunkenness  of  fury  in  his  temper,  thatloofced 
like  enthusiasm.  He  did  not  consider  tbe  do* 
cencies  of  his  post :  nor  did  he  so  mndi  as 
afiect  to  seem  impartial  as  became  a  judge,  but 
run  out  upon  all  occasions  into  dedamatioiis, 
that  did  not  become  tbe  bar,  much  less  the 
bench.  He  was  not  learned  in  his  profesaiaa ; 
and  his  eloquence,  though  yiciously'  copioos, 
yet  was  neither  correct  nor  agreeaUe.  Pern- 
berton  was  turned  out  of /the  common  plcM, 
and  Jones  was  put  in  his  place :  And  Jeffries 
had  three  judges  joined  with  him  in  thelun^s^J 
bench  tit  to  sit  by  him."  The  same,  part  1,  p. 
568. 

'*  When  Jefiries  came  to  the  king  at  Wind- 
sor soon  after  this  trial  (of  sir  Thomas  Ann- 
strong,  1684,)  the  kin^  (C.  2.)  took  a  rine  of 
good  value  from  his  hnger,  and  gave  it  him 
for  these  services.  The  ring  u])on  that  was 
called  his  blood  stone.  The  king  gave  him  one 
advice,  wbich  was  somewhat  extraordinary 
from  a  king  to  a  judge ;  but  it  was  not  tbe  less 
necessary  to  him :  The  king  said,  it  was  a  hot 
summer,  and  he  was  going  the  circnit,  ho 
therefore  desired  be  would  notdrink  too  moch.^' 
The  same,  p.  .^80. 
<<  Kirk,  who  hjKl  commanded  long  m  Tan- 
ier,  was  become  so  savage  by  the  neigfabour^ 
ood  of  the  Moors  there,  that  aftsr  tbe  battle 
(Of  Sedij^more,  fought  July  6, 1685,)  heorder* 


t 


937] 


STATE  TRIALS,  35  Chirlbs  11.  l6fi3.-/0r  High  Trta^n. 


Vi^t 


principles  or  ends  of  ffOTernineiitt ;  exutiined 
the  hisloiy  of  the  woira,  or  seen  that  if  it  were 
in  no  case  laivfol  for  popple  to  riw  i^iost 
a  prince^  there  is  not  a  prmce  in  the  world,  that 
can  hare  a  bwful  title  to  the  crown  he  hears ; 
the  most  part  of  our  kings  since  William  the 
Korman,  were  usurpers ;  or,  which  is  worse, 
usurpation  confers  a  just  title. 

These  only  having*  admitted  no  indictment, 
grounded  wholly  upon  suppositions,  innuen- 
does and  iotentionals,  could  hearken  unto  the 
lord  Howard;  who  conjectures  what  I  and 

I 

■  I  —  —  ■•—  ■-  ■  -         ■■__  ,  '.rai  II  I  ^MJi 

ed  sereral  of  the  prisoners  to  be  hanged  at 
Taunton,  without  so  much  as  the  form  of  law, 
he  and  his  company  looking  on  from  an  enter- 
tainment they  were  at.  At  erery  new  health 
another  prisoner  was  hanged  up.  And  they 
were  so  bmta),  that  observing'  the  shaking  of 
the  legs  of  those  whom  they  hanged,  it  was 
■aid  among  them,  they  were  dancing*;  and 
iipon  that  music  was  called  for.  This  was  so 
illegal,  and  so  inhuman,  that  it  might  lia?e 
been  expected  that  some  notice  would  ha?e 
been  taken  <^^  it.  But  Kirk  was  only  chid 
for  it :  and  it  is  said,  that  he  had  a  (larticular 
.  order  for  some  military  executions,   so  Uiat 

he  couM  only  be  chid  for  the  maner  of  it. 

Bat,  as  if  this  had  been  nothing,  Jeffries  was 
«ent  the  western  cirouit  to  try  the  prisoners, 
He  was  perpetually  either  drunk,  or  m  a  rage, 
liker  a  fury  t  han  the  zeal  of  a  judge.  He  re- 
quired the  prisoners  to  plead  guihv,  and  in  that 
eaae  he  gave  them  some  nope  of  favour,  if  they 

gave  him  no  trouble ;  otherwise  he  told  them 
e  would  execute  the  letter  of  the  law  upon 
them  in  its  utmost  severity.  This  made  many 
nlead  guilty,  who  had  a  great  defence  in  law. 
0Ot  he  shewed  no  mercy.  He  onlered  a  great 
niao3rlo  be  hanged  up  immediately,  without 
allowing  them  a  minute's  time  to  say  their 
prayers.  He  hanged,  in  several  places,  about 
€00  perMns.  The  greatest  part  of  these  were 
of  the  meanest  sort,  and  of  no  distinction.  The 
impieties  with  which  he  treated  them,  and  his 
bebaviour  towai^is  some  of  the  nobility  and 
gentry  that  were  well  affected,  but  came  and 
pleaded  in  favour  of  some  prisoners,  would 
have  amazed  one  if  done  hy  a  bashaw  in 
Turkey.  £n|^nd  had  never  known  any 
thing  hke  it    The  instances  are  too  many  to 

be  reckoned  up» Bnt  that  which  brought 

•11  his  excesses  to  be  imputed  to  the  king  him- 
self, and  to  the  orders  given  by  (lim,  was,  that 
the  king  had  a  particular  account  of  all  his  pro- 
ceedings writ  to  him  every  day ;  and  be  took 
pleaanre  to  relate  them  in  the  drawing  room  to 
tbrei(jfn  ministers  and  at  his  table,  calling  it 
Jeffnes's  campaign :  speaking  of  all  he  had 
done  in  a  stile,  that  neither  bc^mo  the  majes- 
ty nor  the  mercifulness  of  a  great  prince,  &c. 
«c.  6ce."    The  same,  p.  648. 

^  As  soon  as  it  was  imown  at  London,  that 
the  king  (James  8.)  was  gone,  the  apprentices 
aiid  the  rabble,  who  had  keen  a  little  quieted 
when  they  saw  a  treaty  on  foot  between  the 
Icing  and  the  prince,  (or  Orange,)  now  broke 


others  meant,  who  writ  the  letter  into  Scotland 
to  whom  it  was  directed,  what  were  the  con- 
tents and  effects  of  it,  though  he  would  not 
speak  preciMely  to  any  of  those  points. 

These  only  could  think  him  a  credible  wit- 
ness,.when  they  had  heard  him  swear  birosdf  ' 
peijured,  and  the  contents  of  his  deposition 
were,  by  his  own  assertions,  as  in  the  presence 
of  God,  proved  to  be  fidse  by  nine  irreproachable 
witnesses.  ' 

These  only,  could  suffer  a  jury  to  suppose 
that  an  evidence  can  be  grounded  upon  an  opi" 

out  again  upon  all  suspected  houses,  wheiv 
they  Relieved  there  M'ere  either  priests  or  pa- 
pists. They  made  great  havock  of  many 
plaoes,  net  sparing  ue  houses  of  ambassa* 
dors.  But  none  were  kiUed,  no  booses  bnmt, 
nor  were  any  robberies  committed.  Never  was 
so  much  fiir^  seen  under  so  much  manage- 
ment. Jefihes,  finding  the  king  was  gone, 
saw  what  reason  he  had  to  look  to  himself:  ' 
and,  apprehending  that  he  was  now  exposed  to 
the  rage  of  the  people,  whom  he  had  provoked 
with  so  particular  a  brutality,  he  had  disguised 
himself  to  make  his  escape.  Bnt  he  fell  into 
the  hands  of  some  who  knew  him.  He  was 
insulted  by  them  with  as  much  scorn  and  rude- 
ness as  they  could  invent:  and,  alter  many 
honrs  tossing  him  about,  he  was  carried  to  the 
lord-mayor,  (sir  John  Chapman,  knt.)  whom 
they  charged  to  commit  hun  to  the  Tower, 
which  the  lord  Lucas  had  thai  seized,  and  in 
it  had  declared  for  the  prince.  Tlie  lord- 
mayor  was  so  stmck  with  the  terror  of  this 
rude  populace,  and  with  the  disgrace  of  a  man 
who  had  made  all  people  tremble  before  him, 
that  he  fell  into  fits  upon  it,  of  which  he  died 
soon  al^er."    The  same,  p.  79T.  * 

**  During  these  irruptions  of  the  mob,  chan- 
cellor Jeffries,  disguised  in  a  seaman's  h^bit, 
in  order  to  escape  in  a  vessel  freighted  for 
Hamburgh,  was  aiscovered  by  a  clerk  in  chan-  ' 
eery,  that  accidentally  passed  by,  as  he  waa 
leoaing  out  of  the  window*of  the  house  where 
be  had  concealed  himself.  He  was  imme- 
diately seized  by  the  mob,  and,  after  many 
indignities  put  upon  him,  carried  before  the 
lord-mayor,  who  declined  meddling  with  him. 
But  the  chancellor  seeinjgr  himself  in  the  hands 
of  an  enraged  mob,  which  threatened  to  tear 
him  in  pieces,  desired  that  he  might  be  sent  to 
the  Tower,  which  at  last  was  granted  him,  not 
as  a  favour,  but  in  hopes  of  seeing  him  shortly 
conducted  from  thence  to  the  gallows.  Itn 
pretended,  he  offered  to  d»cover  many  secretly 
and  for  that  reason,  was  kept  some  time  in 
prison,  till  the  aflairs  of  government  should  be 
settled.  But  he  died  in  that  interval,  by  the 
blows  he  had  received,  acceding  to  some ; 
drinking  spuituous  liquors,  accordii^  to  others ; 
and,  as  some  pretend,  of  the  stone.  Never 
man  had  better  deserved  a  public  punishment, 
as  an  atonement  for  all  the  miscnie6  done  to 
his  country,  and  for  all  the  blood  spih  by  hia 
means.'*    Kapin's  Hist,  of  England, 


S39]     STATE  TBJAIA  35  Ch ABt ES  U.  iGSS.-^Trial of  Alf&rwm  Sidney,      [9^0 


9ion  of  a  siiiiilituds  ia  writing,  when  they  know 
it  is  none ;  that  a  book  was  written  with  an 
intention  to  stir  up  tiie  people,  when  they 
hardly  saw  the  fiftieth  part  of  it,  and  would 
not  suffiBT  the  tenth  of  tnat  to  be  read  ;  that 
papers,  written  perhaps  twenty  or  thirty  years 
a^  were  intended  in  prosecution  of  designs 
laid  within  ten  months. 

These  only  could  leceiTe  an  indictmeat,  in 
whioh  thekuig's  title  of  defender  of  the  faith 
was  omitted;  refuse  a  copy,  when  it  was  de- 
manded, and  thest.  46  Ed.  3,  produced,  where- 
Yrf  it  is  enacted,  that  it  sh<mld,  in  all  cases,  be 
allowed  unto  e?ery  man,  lest  the  iivqiarable 
errors  of  it  should  be  discovered.  These  only 
•  eoald  g^ve  credit  unto  a  ffcand  jury,  who  upon 
Iheir  oaths,  presented  a  hul,  wherem  I  am  said  to 
have  traiterously,  on  the  30th  of  June,  and 
many  other  days,  both  befi>re  and  after,  con* 
spired  with  many  other  false  trailoxs,  to  them 
unknown ;  whereas  I  was  then,  and  have  been 
ever  since,  a  close  prisoner  in  the  Tower,  and 
it  is  morally  impossible  for  any  man  to  know  I 
did  coD^Mre,  unless  they  did  know  with 
whom. 

They  only  oould  pach  [patch]  up  an  evidence 
consisting  o^Ttwo  parts,  as  the  lord  Howard's 
deposition,  and  the  papers  upon  the  similitude 
ef  a  hand,  when  they  knew  both  of  them  to 
be  voidin  law ;  and  tack  them  together,  when 
it  was  apparent,  they  neither  haid  nor  couU 
have  any  relation  unto  each  other. 

It  was  a  work  for  them  only  impudratly  and 
without  hearing,  to  over-rule  many  most  im- 
portant points  of  law  ;  by  their  word  to  deprive 
the  whole  Eoglisli  nation  of  their  right  of  be- 
ing tried  by  freeholders,  which  is  a  general  and 
ancient,  as  any  part  of  our  laws ;  to  make  dis- 
courses at  a  private  meeting,  imperfectly,  va- 
riously and  to  their  own  knowlecure  falsely  re- 
ported, by  a  man  of  a  most  profligate  life  and 
ropntation,  to  pass  for  a  conspiracy ;  to  oblige 
a  prisoner  fidsely  to  adknawledge  he  had  con> 
pired  to  levy  war  or  oontraiy  to  the  judg- 
ment of  many  parliaments,  to  make  a  conspiracy 
tolerywacto  pass  for  treason;  bythe2.!»ib 
of  Ed.  3,  to  make-  such  a  conspiracy,  whidi 
could  not  be  treason  in  itself  (though  it  had 
been  true^  to  be  treason^  as  imagining  the  death 
of  the  king,  though  the  hiws,  ana  the  most 
xeverenaed  expositors  of  them,  dedaie  Uiat  it  is 
not  so. 

They  only  could  take  upon  tibem  by  various 
improbable^  absurd  and  false  constructions,  to 
make  acts  no-ways  coni^rchended  vrithhi  the 
word!  or  meaning  of  the  staL  25  Ed.  3,  to  pass 
ibr  treason,  when  they  knew  themselves,  by 
the  same,  to  he  forbidden  to  make  any  con- 
struction at  all ;  and  neither  to  suffer  the  sta- 
tute to  he  read,  counsel  h^ifd,  nor  the  points 
of  law  to  be  saved  unto  me. 

None  but  such  as  they  would  have  suffered 
Bb-.  Sofi£itor,hy  along  painted  speech,  to  have 
misrepeated  the  evidenee  on  both  sides  to  mis- 
lead the  jury ;  to  have  represented  the  lord 
Howard's  freuieiit  attestations  of  God  that  he 
know  of  no  plot,  believed  that  was  none,  and 


took  fhat  which  was  spoken  of,  to  be  an  inren- 
f  ion  of  llie  priests,  only  as  vriOlngness  to  con- 
fess it,  and  nis  many  peijaries,  as  a  mark  of  the 
truth  of  what  he  iiad  sworn :  and  by  such 
constructions  as  were  absurd  impossime  and 
false,  to  drive  them  headlong  into  a  verdict 
upon  no  evidence,  in  matter  of  which  they 
were  utterly  incapable  of  iudgiog,  if  the  law 
had  referred  unto  them,  and  who  were  so  com« 
pacted  and  composed,  as  not  to  be  capable 
of  judging  a^y  matter  relating  unto  the  mean- 
est thief. 

If  any  others  than  this  had  been  upon  die 
bench,  I  might  have  been  heard,  when  I  of- 
fered  to  answer  unto  these  fallades,  and  have 
unravelled  all  his  frauds ;  though  sucb  a  work 
could  hardly  be  expected  from  a  man  of  ray 
education,  and  in  an  age,  that  had  much  abated 
his  vigour  and  memory  If  this  Was  denied  the 
points  of  law  might  have  been  left  to  be  found 
spedally ;  but  I  was  in  all  things  overborne  by 
the  iury  of  the  chief  justice.  He  did  proba- 
bly fear  he  should  not  be  taken  for  Ce&Br*s 
fnend,  if  he  did  let  thbman  go.  He  was  to 
deserve  Ids  otherwise  undeserved  preferment. 
To  this  end,  he  made  a  speech  of  aoout  a  hour 
and  a  quarter,  so  confused,  that  I  can  give  no 
other  account  of  it  than  that,  as  he  had  been 
long  observed  to  excel  in  the  laudable  faculty 
of  misleading  juries,  he  did  exercise  iivrith 
more  confidence  upon  the  bench,  than  ever  he 
had  done  at  the  bar ;  declared  treasons  that  had 
been  hitherto  unknown,  and  that  the  juvy  was 
obliged  to  take  tliat  to  be  law,  which  Ke  judged 
to  Mso;  misrepresented  the  evidence  more 
than  the  solicitor  had  done ;  and  as  a  rale 
which  they  were  to  follow,  asserted,  that  if 
one  man  swore,  that  such  a  one  said,  he  would 
with  his  knife  kill  the  king,  and  another,  that 
he  had  of  him  bought  that  knife,  it  waa  safi- 
dent  evidence  to  convict  any  man. 

It  may  as  easily  be  g^uessed,  what  verdict  I 
expected  from  an  ignorant,  sordid  and  packed 
jury*,  upon  such  a  direction,  as  what  security 

*  ;'  Mr.  Ridiard  Wynne  declared.  That 
he  was  Solictior  to  colonel  Sidney  ;  that  the 
Colonel  excepted  against  several  of  the  ioqf, 
to  some  as  not  being  freeholders,  and  otners, 
as  bein^  in  the  king's  service,  and  reosiviqg 
wsges  from  his  nuuesty.  That  presently  afier 
th  e  trial,  the  lordouefjustice  sent  him  prisoner 
to  the  Kittg's-bench,  for  sayinff  the  jury  woe  a 
loggerhead  jury ;  and  that  they  had  not  evi- 
dence sufficient  to  find  such-  a  verdict ;  or 
found  a  verdict  contrary  to  evidepce.->Mr. 
Wynne  said  this  to  Angier,  the  foreman  <^  that 
murdering  jury,  and  to  Glisby,  another  of  the 
three  carpentera,  which  were  upan  that 
jury,  and  to  another  of  their  brethren  near 
the  king's  bench  court;  whereupon  tiiev 
went  to  lay  hold  on  Mr.  Wynne ;  at  which 
instant  Mr.  Forth  the  long's  joiner  coiaiag« 
interposed;' upon  which  Anper  said,  Mr. 
Fortn,  will  you  assist  this  man  ?  He  saySi 
colond  Sidney's  jury  was  a  loggerlMidjaiy: 
to  whioh  Mr.  Forth  answered,  I  hav<anothiB( 


941]  STAT£  TRIALS,  35Charls6  1L  .  l6%S.^far  Bigk  Treofn.  [942 


nnj  mtm  \n  En^tland  can  hnre  for  Iiifl  life  and 
estate,  when  such  stuff  can' be  made  to  pass  ibr 
law :  bat  I  was  still  overborne,  and  could-  not 
te  beard,  when  I  endeavoured  to  bring  the 
Ghi«*f  justice  to  reflect  upon  his  own  extra- 
mgandes. 

Before  the  trial,  I  was  credibly  informed, 
Aat  his  lordship  had  so  far  hitmbled  himself, 
as  to  advise  with  the  Idilg's  connsel  of  the  ways 
tMT  compassing  my  death:  and,  that  a  paner, 
centaimng  theresuh  of  that  consohation,  had 
been  seenupoh  Nr.  Attorney's  table.  Since 
that  time  1  have  been  told  by  persons  of  mi- 
Uemished  reputation,  that,  not  satisfied  wtdi 
the  directions  given  in  public,  he  had  been 
ikither  pleased,  when  he  retired  mion  pretence 
of  takii^  a  glass  of  sack,  to  follow  the  jury 
and  give  them  more  particular  instructions. 

^  Upon  the  first  part,  I  was  advised  to  conjure 
his  iordship,  in  the  presence  of  God,  to  declare, 
whether  he  had  riot  consulted  as  aforesaid ; 
but  the  testimony  his  loi^ship  gave  upon  my 
trial  of  the  tenderness  of  his  conscience,  xuid 
how  far  he  valued  the  religion  of  his  own,  and 
the  king's  oatA,  persuaded  me  to  be  silent. 

Wh«i  the  jnry  brought  in  their  verdict,  I 
desired  to  eantmine  them  *  seriatim,'  whefther 
•very  one  of*  them  had  found  me  guilty  befbte 
h  was  tUcMedi  ^^^  prepared  to  tJk  ^em 
pairticfibrly,  whether  ihey  nad  fbund  me  guilty 
tif  compassing  fhe  king's  death?  Sd^,  Of 
levying  war  against  the  king  ?  Sdly,  It  they 
Ihotid  me  guilty  of  any  treason,  witliin  the 
statute  25  of  Ed.  8.  P  "  4tli1y,  If  they  found 
any  treason  proved  against  me  by  two  wit- 
nesses? And  this  I  did,  that  I  might  not  be 
deprived  of  the  benefit  of  giving  my  excep- 
tioBs  ;  as  1  have  heard  the  lord  Russell  had 
lost  it,  by  not  having  moved  it  before  die  ver- 
dict was  recorded,  but  the  chief  justice  would 
oot  hear  me. 

The  irregularity  of  these  proceedings  (that  I 
may  not  use  a  harder  word)  obliged  me,  on  the 
95ui  of  November,  to  present  a  petition  unto 
his  inaiesty,  shewing, 

"  Tnat  ^our  petitioner,  after  a  long  and 
elose  imprisonment,  was  on  the  17th  of  this 
month,  brought  with  a  guard  of  soldiers  into 
the  palace-yard,  upon  a  habeas  corpus,  <H- 
rected  to  the  lieutenant  of  the  Tower,  before 
any  indictment  had  been  found  against  him ; 
that  whilst  he  was  there  detained,  a  bill  was 
eshibited and  found;  whereupon  he  was  im- 
mediately earned  to  the  King's- bench,  and 
there  arraigned  ;  in  this  surprise,  he  desired  a 
copy  of  the  indictment,  leave  to  make  his  ex- 
cepuobs,  or  to  put  in  a  special  plea,  ready  en- 

to  do  with  the  jury,  hut  OKsby  knows,  that  I 
'  know  he  is  a  loggerhead.  Of  this,  they  com- 
plainedlo  JeflTeries,  who  committed  Mr.  Wynn 
and  Mr.  Forth  to  the  king's  bench.  It  cost 
Mr.  Forth  about  fifty  pounds,  whereof  Burton 
bad  twenty-four ;  and  he  being  a  Protestant 
joiner,  scaped  w^  out  of  their  hands,  as  times 
4hen  went ;  especially  with  that  trade'."  A 
IliipUy  of  Tyranny^  etc.  ptfrt  9,  p.  306. 


grossed,  which  was  also  rejected  without  read^ 
ing;  and  beinff  threatened,  that  if  he  did  not 
immediately  plead  guiky,  or  not  guiltp,  a 
judgment  of  high  treason  should  be  entered, 
he  was  forced,  contrary  to  tow,  as  he  supposed, 
to  come  to  a  general  issue,  in  pleadmg  net 
guilty. 

"  Norember  ii,  he  was  brought  to  his  trial, 
and  the  indictment  being  peiplflud  and  eon- 
fhsed,  80  as  neither  he,  nor  any  one  of  hia 
friends  that  heard  it,  could  fhlly  comprehend 
the  scope  of  it,  he  was  utterly  unprovided  cf 
an  die  help  that  the  law  allow^  unto  every 
man  fbr  his  defence;  whereupon  he  did  agam  ' 
desure  a  copy,  and  produced  an  authentic  oopy 
of  the  statute  46  Kd.  S,  whereby  it  is  enacted 
that  every  man  shall  have  a  cojpj  of  any  re- 
cord that  toucheth  him  in  ainr  manner,  as  well 
that  which  is  agi^iist  the  king  as  any  o^er 
person ;  hut  could  neither  obtain  a  copy  df 
his  indictment,  nor  that  statute  should  be  read. 
**  The  iury  by  which  he  was  to  be  tried,  was 
not,  as  ne  is  informed,  summoned^  by  the 
bailifis  of  the  several  hundreds  in  the  usual  and 
legal  manner,  but  names  were  agreed  upon  by 
'Graham,  Burton,  and  the  ini£r-shenff,  and 
direetimi  given  to  the  baififf  to  suimnon  them; 
and  being  also  chosen,  the;  copy  of  Uie  pannel 
was  of  no  use  uuto  him. 

**  When  th^  came  to  be  called,  he  excepted 
affainst  some  for  being  yotur  majesty's  servants, 
which  he  did  hope  raouU  not  have  been  re«  . 
turned,  when  he  was  prosecuted  by  jmnr  ma- 
jesty, with  many  others  for  not  bemg  free- 
hbldew,  which  exceptions  he  thinks  are  good  in 
law:  others  were  lewd  and infiunons  persons, 
not  be  fit  to  be  of  any  juiy,  but  was  over-ruled 
by  lord  chief  jui^ice;  and  your  petitioner, 
forced  to  challenge  them  peremptorily,  whom ' 
he  found  to  be  picked,  as  roost  suitable  mito 
their  intentions,  \>iio  sought  his  ruin,  whereby 
he  lost  the  benefit  allowed  by  the  law,  of  mak- 
ing his  exception,  aud  was  forced  to  admit  of 
mechanic  persons,  utterly  unable  to  judee  of 
such  mattei-s  as  were  to  be  brought  beforetnem. . 
"  The  jury  being  sworn,  no  witness  was  pro- 
duced, who  fixed  anytlung  beyond  hearsaj 
upon  your  petitioner,  except  the  lord  Howard ; 
and  some  that  swore  the  papers  said  to  he 
found  in  his  bouse  and  ofiered  as  a  second 
witness,  were  written  in  a.  hand  by  your  pe- 
titioner. Your  petitioner  produced  10  vrit- 
nesses,  the  most  of  them  men  of  eminent 
quality,  the  others  of  unblemished  fame,  to  shew 
the  lord  Howard's  testimony  was  inconsistent 
with  what  he  had,  as  in  the  presence  of  God, 
afiirmed  unto  many  of  them,  as  he  swore  in 
the  trial  of  lord  Russell,  under  the  same  re- 
ligious obligation  of  an' oath,  as  if  it  had  been 
legally  administered.  Your  petitioner  did  en- 
deavour farther  to  shew  the  incongnuty  of  his 
testimony,  he  being  guihy  of  many  crimes, 
which  he  did  not  pretendhad  any  knowledge  of  ^ 
and  having  no  other  hope  of  pardon,  than  by 
the  drudgery  of  swearmg  against  him,  de- 
served not  to  be  believed ;  and  that  simifitoda 
of  hands  could  not  be  evidence,  as  was  d«<dir6d 


943]      STATE  TRIALS,  35  Cuasles  IL  l6SS.^TrialofAlg€rfum  ^dney,     [914 


by  the  feid  diief  justice  ReeUng,  and  the 
whole  ooart  ia  the  lady  Car's  cause,  so  as  no 
evidence  at  all  remained  against  him :  that 
whosoever  writ  those  l>apers,  they  were  bat  a 
small  part  of  a  pol(emic  discou^rse,  in  answer 
to  a  book  written  above  30  years  ago,  upon  a 
general  proposition,  applied  to  no  time^  or  any 
particular  case;  that  it  was  impossible  to 
judge  of  any  part  of  it,  unless  the  whole  did 
appear,  which  (Ud  not ;  that  the  sense  of  Such 
as  were  produced,  could  not  be  comprehended, 
unless  the  wh(de  were  read,  which  was  denied ; 
that  the  ink  and  paper  shewed  tibem  to  be 
written  many  years  ago ;  and  the  lord 
Howard  knowing  nothing  of  them,  they  could 
have  no  concurrence  widi  what  i^our  petitioner 
was  said  to  have  designed  with  him  and  others. 

'*  That  tbe  confusion  and  errors  in  writing  it, 
shewed  that  they  had  never  so  much  as  been 
reviewed,  and  written  in  a  hand  that  no  man 
could  read;  were 'neither  fit  for  the  press, 
nor  could  be  in  some  years,  though  the  writer 
of  them  did  intend  it,  which  did  not  appear ; 
that  being  only  the  present  study  and  [>rivate 
thoughts  of  a  man,  for  the  exercise  of  his  own 
understanding  in  his  study,  never  shewed 
unto  any,  nor  applied  unto  a  particu- 
lar case,  could  not  fall  under  the  statute 
95  Ed.  3,  which  takes  ooniizance  of  no  such 
matters,  being  reserved  thereby  to  Uie  parlia- 
ment, as  declared  in  theprov»o,  which  ne  did 
desire  might  be  read,  but  was  refiised. 

**  Eight  or  nine  important  points  of  law  did 
hereupon  emerge,  upon  which  your  petitioner, 
knowmg  his  own  weakness,  did  desire  his 
ooonsd  miffht  be  heurd,  or  reserved  to  be 
found  specifdly,  but  was  over-ruled  by  the  vio- 
lence or  the  lord  chief  justice ;  and  your  peti- 
tioner 80  frequently  interrupted,  the  whole 
m^hod  of  his  defence  was  broken,  and  he  not 
suffered  to  say  the  tenth  part  of  what  he  oould 
have  alledged  in  his  defence,  and  tlie  jury 
carried  mto  a  verdict  that  the^  did  not  know 
Oor  understand. 

'*  For  as  much  as  no  man  that  is  0]>pressed  in 
England  can  have  any  relief  unless  it  be  from 
your  majesty,  your  petitioner  humbly  prays, 
tbe  premises  considered,  yoiur  majesty  will  be 
pleased  to  admit  him  into  your  presence ;  and 
if  he  does  not  shew,  that  it  is  fot  your  majesty's 
honour  and  interest  to  preserve  him  from  the 
said  oppression,  he  will  not  complain,  though 
he  be  left  to  be  destroyed." 

But  he  was  pleased  to  refer.me  to  the  same 
judges  of  whom  I  complained. 

mvember  36, 1  was  again  brought  to  the 
bar,  and  asked  by  tbe  chief  justice,  what  reason 
I  could  ailedge  why  judgment  of  death  should 
not  be  pronounced  against  me  ?  My  first  an- 
swer was,  that  I  had  had  no  tria],the  jury !not hav- 
ing been  composed  of  freeholders,  as  the  law  re- 
quired. The  chief  justice  said  the  question 
had  been  decided  at  the  lord  Russell's  trial.  I 
xeplied,  the  question  had  then  been  concerning 
a  corporation,  this  was  upon  an  indictment  laid 
in  a  county.  He  said,  that  was  nothing,  the 
d^fiision  had  be^  general.    I  desired  to  luiow, 


whether  any  precedent  could  be  alledged,  of  at 
£ngKshmau  trif^i  by  others  than  by  treeboMen ; 
and  that  if  this  rule  were  broken,  any  asn 
might  be  tried  by  bis  own  grooms,  or  a  jury 
made  up  of  pbrters,  carmen,  or  scavengen, 
thereupon  desued  counsel  to  argue  it,  wbidi 
was  denied. 

I  then  desired  the  indictment  might  be  agm 
read,  which  was  granted,  but  was  not  aof- 
fered  to  peruse  iti  this  I  did  also  d^ure,  vpoa 
an  information,  that  the  bill  bad  beoi  meniled 
since  it  came  into  the  court :  and  thai  bya 
statute  of  Henry  the  sixth,  every  indictoieat 
was  made  void,  wherein  any  word  or  ayllaUe 
had  been  added  or  changed;  but  not  being 
suffered  to  see  it,  I  could  not  tell  what  additiMM 
or  alterations  had  been  made. 

I  then  pleaded,  that  by  the  stat  13  Car.  2. 
i|  was  treason  to  deprive  the  king  of  any  of  bii 
^tles ;  and  that  Defensor  Fidei  not  being  in  tbe 
mdictment  it  was  void,  and  desired  counsel  to 
arffue  it;  but  though  the  chief  justice  seemed 
^  oesuipiised  at  the  objection^  ne  overmJed  it, 
and  would  not  hear  couijael. 

I  then  moved  for  a  new  trial,  by  reason  of  the 
many  miscarriages  that   had   been  in   this, 
which  he  was  pleased  to  call  a  trial,  4lioiigh  I 
took  it  to  be  none.    I  then  pleaded,  thai  trials 
being  instituted  fi)r  the  executioii  of  jostioe, 
through  the  discovery  of  truth,  that  ought  to  be 
taken  for  none,  wherein  abuses  had  been  com- 
mitted to  the  overthrow  of  justice ;  and  dnl 
if  I  roi^t  be  patiently  heard,  I  thought  I  oodkd 
make  it  appear  to  have  been  so  in  this  my  case : 
and  went  about  to  shew  reasons  for  what  I  said. 
Amongst  others  I  shewed,  that  on  the  7tb  of 
Noveimier,  I  had  been  brought  to  Westminster, 
by  an  habeas  corpus  granted  the  day  beftiv, 
when  as  yet  no  bill  was  exhibited  a^;nui8t  me, 
and  my  prosecutors  oould  not  know  it  would  he 
found,  unless  they  had  unduly  corresponded 
with  the  grand  jury,    ^dly,  that  a  copy  of  the 
indictment,  the  benefit  ii^  making  uxy  es- 
ceptLons  against  it,  or  putting  in  a  special  plea, 
which  the  law  doth  allow,  and  the  help  of 
counsel  to  frame  them,  or  either  of  tbem,  nad 
been  denied  unto  me.    3rdly,  The  special  pka 
which  I  presfflitcd,  ready  engrossed,  to  prevent 
the  miscniefii  that  would  follow  upon  my  go- 
noral  answer  unto  a  lung,  ooniiised,  impeiiect, 
unintelligible  indictment,  had  been  reeded, 
and  ther^y  forced  tocome  to  a  general  issno  b 
pleading  not  guilty.    Hereupon  justice  With- 
los,  being  (as  seemed  to  me)  very  drank,  told 
me,  it  was  false ;  and  tbe  chief  justice  saiid,  he 
had  not  rejected  my  plea,  but  told  me  the  danger 
of  putting  it  in,  because  the  king's  ooonael 
would  demur  unto  it,  and  I  could  not  be  suf- 
fered to  plead  hoeaflier.    Hereupon  I  r^ied, 
that  having  lived  above  three$cor«j  years,  *  I 
had  never  received  or  deserved  such  Ungnage, 
for  that  I  had  never  asserted  any  thing  that  was 

*  Dalrymple,  with  a  marvellous,  though  in 
him  very  common,  ostentation  of  error,  says 
(Memoirs,  Part  1,  Book  1,  p.  34)  that  Sir 
was  at  this  time  fif^  nine  years  of  age« 

S 


9U}  nAT^TBUdJkS5CMABtWi1tx6tS.^firBigkJh0$m.  ;       [9^ 


Umi  kit  M  to  Am  putaciiltr,  all  that  were 
fMent  woiA  witneai  my  aaid  plea  had  been 
tiqpected :  and  the  oooditioii  afterwards  impoaed, 
thai  I  ahoQld  not  be  admitted  to  put  in  any 
othor  plea  if  that  came  to  be  o?erniIedy  was  not 
acooroiiig  nnto^law ;  but  I  being  ignorant  of 
hy  and  defied  the  help  of  a  coonsel,  had  been 
ftroed  to  submit,  which  I  should  not  have  done, 
if  I  had  been  then  as  weQ  informed  as  I  am 
now,  that  I  find  myself  circumvented  bv  the 
tend  of  those,  who  by  their  oaths  ought  to 
Jia^e  preserved  me.  4tnly ,  That  being  brought 
unto  a  trial.  No?.  SI,  I  bad  again  desired  a 
copy  of  the  indictment,  aBcced  precedents,  pro- 
duced an  authentic  copy  of  the  stat  46  £d.  3. 
enacting,  that  all  men,  in  all  cases,  as  well 
against  Uie  king  as  others,  should  have  copies 
«f  any  reoorda  m  which  they  were  concerned ; 
but  could  neither  obtain  it,  nor  that  the  statute 
diould  be  read.  5tbly,  I  am  probably  inform- 
ed, and  if  time  be  allowed,  doubt  not  but  I  shall 
nrofe  it,  that  the  bailiflb  of  the  hundreds  of 
ICddlesez,  had  not  the  liberty  of  summoning 
the  freeholders  according  unto  law^  but  sucn 
only  (whether  freeholders  or  not)  whose  names 
were  agreed  l^  Graham  and  Burton,  with  the 
under-sheriff;  of  whom  many  were  not  sum- 
moned, when  the  copy  of  the  pannell  was  sent 
unto  me,  and  some  or  them  not  at  all.  6thly, 
Many  of  the  king's  servants  now  in  pay,  from 
whom  impartial  justice  could  not  be  expected 
whilst  1  was  prosecuted  at  the  king's  suit,  were 
returned  upon  the  pannell,  and  many  who  were 
not  fiieeholders,  and  some  lewd  and  infiuoous 
pcnms,  who  deserve  not  to  be  of  any  jury ;  all 
my  lawful  exceptions  rgected;  tne. counsel 
inrayed  to  argne  tne  points  of  law  arising  upon 
the  evidence  refused :  whereby  I  had  not  only 
hoen  obliged  to  admit  of  those  whom  I  knew  to 
be  chosen  to  destroy  me,  and  forced  to  answer 
belbra  a  jury  composed  of  mechanic  persons, 
otteriy  incapable  of  indging  such  matters  as 
came  bdbre  them,  but  depiired  of  all  lawfhl 


I  had  many  other  things  to  offer,  oonceining 
the  nncertamty  and  invalidity  of  the  lora 
Howard's  testimony.  The  utter  imposiifaility 
of  bringing  papers  written  many  years  ago. 
Into  a  concurrence  with  a  new  plot,  of  which 
^plotters  knew  nothmg.  I  desired  that  the 
jdnke  of  Bfionmonth,  who  now  appeared,  might 
be  asked,  whether  he  ever  heard  of  them,  as  he 
most  have  done,  if  they  had  been  designed  to 
■Ifar  up  the  people,  in  oroer  unto  counsels  taken 
wkh  him.  The  weakness  of  an  evidence  taken 
fiem  a  shnilitude  of  hands ;  the  nnreasonable- 
ucsa  of  judging  of  a  few  sheets  of  a  treatise, 
without  seemg  the  whole ;  the  impossibility  of 
brinfing  the  matters  laid  unto  my  charge, 
withm  the  stat  of  25  Ed.  3,  though  they  had 
been  proved;  the  injustice  of  breaking  the 
method  set  for  my  defence ;  the  fraud  of  the 
eolicitor's  representations ;  the  irregularity  and 
misrakfs  of  nis  lordship's  direction.;  the  direct 
incapacity  laid  upon  ml  court  to  judge  of  con- 
fltmctive  treasons ;  the  manifold  errors  in  con- 
fltrauig  this  to  be  treason,  there  being  nothing 
YOt.  ix« 


to  lead  them  unts  it,  but  aeven  or  e%ht  Junpe- 
sitions,  of  which  every  one  was  fUse;  ano  re- 
solutioKi  taken  not  to  hear  any  point  of  law 
argued,  lest  they  should  be  thereby  led  unt» 
truth :  but  nothing  could  be  heard. 
'  I  had  also  reason  to  move  for  an  arrest  of 
iudgment,  that  though  I  had  granted  what  had 
been  said  by  lord  Howard  to  be  true;  consulting 
to  levy  war  can  amount  only  unto  words,  and 
words  onl yare  not  to  be  treason,  according  to 
Cook  andfilales,  and  Pine's  case  4  Car.  pr.  1. 

Consulting  to  levy  war  is  no  overt  act  of 
compassing  the.  kinff's  death,  as  is  said  eac- 
pressly  by  Cook. and  Hales;  assembling  to 
consult,  can  amount  unto  no  more  than  to  con- 
sult, and,  l^gall;^  ainsidered,  can  be  no  more 
than  consulting,  it  being  impoesible  in  law  or 
nature  to  consult  without  assembling,  that  is, 
coming  together,  so  as  assembling  to  consult  ie 
no  more  than  bare  consulting,  that  is,  baie 
words.  , 

Tliat  consulting,  and  sending  into  Scotland^ 
if  it  had  been  true,  were  no  more  than  to  con- 
sult with  those  that  were,  to  come ;  that  all  thie 
lieing  testified  only  by  the  lord  Howard,  had 
been  inyalid,  though  their  credit  had  been 
good;  as  appears  by  Blake  his  law^  and  the 
popish  lords  now  in  the  Tower,  who  are  thought 
to  nold  their  lives  only  upon  the  weakness  of 
one  witness,  though  there  were  many  cour 
current  drcumstanoi^.   Whitebread's  trial  vae 

£ut  off  for  the  same  reasons :  and  heside  Aal 
ath  been  aJraadv  said  of  the  pspen^  I^*^ 
to  have  added  tne  ahsurdity  or  ptetendiegp 
that  sndi  as  had  been  written  many  years  agn^ 
not  perfected,  nor  to  be  pekfeoted,  in  a  l^ag 
time,  porhapa  never,  and  never  shewn  to  any 
man  firing,  diould  be  intended  to  stir  up  the 
pei^ ;  whereupon  a  new  triid,  an  arrest  oiT 
judgment,  shoulu  be  given ;  but  I  could  not  be 
hem:  and  though  I  did  attest  God  and  maiv 
that  1  had  not  been  suflfidentiy  heard,  the  chief 
justice  with  his  usual  precipitation  pronounced 
judgment  of  death  against  me  as  a  traitor. 

Sme  that  were  present,  affirm,  that  he  ae* 
knoiriedged  the  kte  pretended  plot  did  not  af« 
feet  me:  but  I  confess  I  dkl  not  observe  that^ 
and  think  myself  sbligef  unto  him  in  nothing, 
but  diat  he  seemed  to  lay  very  much  weight 
upon  the  oM  cpuse,  and  my  enffaraneot  in  a^ 
vnth  which  1  am  so  well  satisEed  aa  content- 
edlyto  dye  for  it. 

When  I  heard  the  judgment,  to  the  best  of 
my  remembrance  I  said  Uiese  words: 

'*  Why  then.  Oh  Lord,  sanctify,  1  beseedi 
thee,  these  my  suftrinn  unto  me;  sanc- 
tify me  Uirough  my  suSeringB,  sanctify  me 
through  ihj  truth ;  thy  word  is  truth;  impute 
not  my  blood  unto  this  nation ;  impute  it  not 
unto  the  great  city  through  which  I  shall  be 
led  to  the  place  of  death ;  let  not  my  soul  cr^ 
though  it  lay  under  the  altar;  makenoinquH 
sition  for  it ;  or,  if  innocent  blood  must  be  ex- 
mated,  let  thy  vengeance  fall  only  upon  the 
bead  of  those,  who  Imowingly  and  mahdouslj 
persecute  me  for  righteousnese  sake.*' 
The  chief  j  ustice  then  speaking,  ai  if  I^ha4 
3P 


947]      STATE  TRIALS,  S5  Chablbs  It.  l68S.— TKoi  ofAIgaim  SUn^,     [948 


been  a  dittempered  mao,  I  held  out  my  Urm, 
and  desired  any  that  were  present  to  ieel  my 
polfle,  and  whether  any  man  could  be  more 
free  from- emotion;  and  I  do  profen, that  so 
far  as  I  do  know  and  did  then  feel  myself,  1 
wasneTerinamore  quiet  temper;  glory  and 
thanks  be  nnto  God  for  erer,  who  had  fiUled  me 
me  with  comforts,  and  so  upholds  me,  that  ba?- 
mgc,  as  I  hope,  through  OnristTanqutshed  sin, 
he  doth  preserve  me  from  the  fears  of  death. 

The  chief  justice  haying*  performed  this  ex- 
ploit, is  jsaid  to  have  bragged  unto  the  king, 
that  no  man  in  his  place  had  ever  render^ 
unto  any  king  of  Enjfiand  such  services  as  he 
had  done,  in  making  it  to  pass  for  law,  that  any 
tnan  mis^t  be  now  tried  by  a  jury  not  consist- 
ing of  freeholders ;  and  dbal  one  witness,  with 
any  concurrent  circumstance  (as  that  of  the 
buying  the  knife),  was  sufficient  to  convict  him. 
In  this  he  seems  to  have  spoken  very  modestly ; 
for  he  mi<rbt  truly  have  said,  that  he  had  over- 
rnled  eight  or  ten  very  important  points  of  law, 
and  decided  them  vnthout  hearing;  whereby 
the  law  itself  was  made  a  snare,  which  no  man 
could  avoid,  nor  have  any  security  for  his  lifo 
or  fortune,  if  one  vile  wreteh  could  be  found  to 
awear  against  him  such  circumstances  as  he  re- 
quired. Nevertheless  we  aU  know,  that  the  like 
had  been  done  in  former  times.  In  the  days 
of  Kichard  3,  the  nation'  was  brought  into 
auch  a  condition,  through  the  perversion  of  the 
law,  that  no  man  knew  what  to  say  or  do  for 
fear  of  treason,  as  is  expressed  in  the  stat.  1 
Hen.  4,  and  Were  thereby  driven  upon  the  most 
violent  remedies.  God  only  knows  what  will  be 
the  issue  of  the  like  practice  in  these  our  days. 
Perhaps  he  will  in  his  mercy  speedily  visit  his 
afflicted  people.  I  die  in  the  faith  that  he  will 
do  it,  tliough  I  know  not  the  time  or  ways; 
and  am  so  much  the  more  confident  he  will  do 
it,  that  his  cause,  and  his  people  is  more  con* 
cerned  now  than  it  was  in  former  time.  The 
lust  of  one  nian  and  his  favourites  was  then 
only  to  be  set  up  in  the  exercise  of  arbilrary 
power  over  persons  and  states;  but  now,  the 
tyranny  over  coiiscienees  Ib  principally  af- 
fected *,  and  the  civil  powers  are  stretched  unto 
•— . 1 

•  "  There  has  now  for  divers  years,  a  design 
been  carried  on,  to  change  the  mwful  govern- 
ment of  England  into  an  absolute  tyranny,  and 
to  convert  the  establiahed  protestant  religion 
into  downright  popery:  .than  both  which,  no- 
thing can  be  more  destructive  or  contrary  to 
the  interest  arid  happiness,  to  the  constitution 
and  being  of  the  king  and  kingdom.— For  if, 
first,  we  consider  the  state,  the  kings  of  Engr 
land  rule  not  upon  the  same  terms  with  those 
of  pur  neighbour  nations,  who,  having  by  force 
or  by  address  usurped  that  due  share  v^hich 
their  people  had  in  the  government,  are  now 
for  some  ages  in  possession  of  an  arbitrary 
j>ower  (which  yet  no  prescription  can  make 
legal)  and  exercise  it  over  their  persons  and  es- 
tates in  a  most  tjfrannical  manner.  But  here 
the  subjects  retain  their  proportion  in  the  legis- 
lature.; the  yfcry  meanest  commoner  of  Eng- 


this  exorbitant'  h^^t  for  the  establishment  oT 
popery.  I  b^eve  that  the  people  of  God  ia 
England  have,  in  these  late  years,  ffeneralfy 
grown  fiiint.    Some,  through  fear,  hate  d^ 

land  is  represented  in  parliament,  and  b  a  party 
to  those  laws  by  which  the  prince  is  sworn  la 
govern  himself  and  his  people.  No  money  is 
to  be  levied  but  by  the  common  consent.  No 
man  is  for  life,  lunb,  goods,  or  liberty  at  the 
sovereign's  discretion:  mit  we  have  the  suns 
right  (modestly  mMlerstood)  in  our  pit^priety 
that  the  prince  hath  in  his  regality ;  and  in  aN 
cases  where  the  kin^  is  concerned,  we  have  our 
just  remedy  as  against  any  private  persoh  of 
the  neighbourhood,  in  the  courts  of  Westnun- 
ster-hail  or  in  the  high  court  of  parliament 
Hn  very  prerc^tive  is  no  more  than  what  the 
law  has  determined.  His  broad  seal,  which  is 
the  legitimate  stamp  of  his  pleasure,  yet  is  no 
longerpurrent,than  upon  the  trial  it  is  found  to  be 
l^^l.  He  cannot  conunitany  person  by  his  par- 
ticular warrant.  He  cannot  himself  be  witness  m 
any  cause:  the  balanceof  public  justicebeingso 
delicate,  not  the  hand  only  but  even  the  bratb 
of  the  prince  would  turn  the  scale.  Nolihine  is 
left  to  the  king's  will,  but  all  is  subjected  to  liis 
authority:  by  which  means  it  follows  that  ha 
can  do  no  wrong,  nor  can  he  receive  wrong; 
and  a  kmg  of  England,  keeping  to  these  mea- 
sures, may  without  arn^nce  be  said  to  remaia 
the  only  mtdligent  ruler  over  a  rational  people. 
In  recompence  therefore,  and  acknowleogment 
of  so  good  a  government  under  his  infiuenccL 
his  person  is  most  sacred  and  inviolable ;  and 
whatsoever  excesses  are  committed  against  so 
high  a  trust,  nothing  of  them  is  imputed  to  hiiiiy 
as  oeing  firee  from  uie  necessity  or  temptation, 
but  his  ministers  only  are  accounteble  for  all, 
and  must  answer  it  at  their  perils.  He  hatha 
vast  revenue  constantly  arising  from  the  hearth 
of  the  housholder,  the  sweat  of  the  labourer, 
the  rent  of  the  farmer,  the  industry  of  tha 
merchant,  and  conse^piently  out  of  the  es^ 
tate  of  the  gentleman':  a  large  corapetenos 
to  defray  the  ordinary  expence  of  the  crown, 
and  maintain  its  lustre.  And  if  any  extra- 
ordinary occasion  happen,  or  be  but  with  any 
probable  decency  pretended,  the  whole  land  at 
whatsoever  season  of  the  year  does  yield  hiia 
a  plentiful  harvest.  So  forward  are  his  people'^ 


abroad)  would  think  they  c 
nor  chuse,  but  that  the  asking  a  sujlply,  werip 
a  mere  formality,  it  is  so  readily  graiited.  Ha 
is  the  fountab  of  all  honours,  and  has  more- 
over the  distribution  of  so  inany  profitable 
offices  of  thehoushold,  of  therevenue,  of  state, 
of  law,  of  religion,  of  the  navy  (and,  since  his 
present  nuyesty  's  time  of  the  UnnV )  that  it  seems 
as  if  the  nation  xx>uld  scarce  furnish  honest 
men  enough  to  supply  all  those  employments. 
So  that  the  kings  of^  England  are  m  nothing 
inferior  to  other  princes,  save  In  being  ndorb 
abridged  from  injuring  their  own  subjects: 
but  have  as  large  a  field  as  any  of  external  ft"* 


549}  STATE  TRIALS,  SS  CHAUsa  II.  Itf83.-^«r  EBgh  Treaim, 


two. 


fleeted  from  t)ie  integrity  of  their  prindples. 
Some  have  too  deeply  plunged  themselves  in 
"Vorldly  cares*  and,  so  as  they  oiight  eiyoy 
-Uieir  teades  and  wealth,  har^  less  rnrarded  the 
freasinre  that  is  laid  up  in  hearea.  But  I  think 
||mv6  are  very  many  who  have  kq^  &eir  gar- 

Rdty,  wherein  to  exercise  their  own  virtue,  and 
an  reward  and  enoourage  it  in  others.  In  short, 
there  is  nothing  that  comes  nearer  in  govern- 
<nent  to  the  divine  perfection,  than  where  the 
monareh,  as  with  us,  enjoys  a  capacity  of  doing 
all  the  giood  imaginable  to  mankind,  under  a 
disability  to  all  &at  is  evil. — And  as  we  are 
thus  happy  in  the  constitution  of  our  state,  so 
are  we  yet  more  blessed  in  thai  of  our  cbureh ; 
being  Iree  frem  that  Romish  yoke,  wliich  so 
great  a  part  ^f  Chiistendom  do  yet  draw  and 
nbour  under.  That  Popery  is  such  a  thing  as 
cannot,  but  for  want  of  a  word  to  express  it,  be 
caUed  a  religion :  nor  is  it  to  be  mentioned  with 
that  civility  which  is  otherwise  decent  to  be 
iised,^  in  speaking  of  the  differences  of  human 
opinion  about  divine  matters.  Were  it  either 
open  Judaism,  or  plain  Turkery,  or  honest 
iWanism,  there  is  yet  a  certain  Bojm  fide* 
in  uie  mort  extravagant  belief,  and  the  sincerity 
4kf  an  erroneous  profession  may  render  it  more 
pardonable :  but  this  is  a  compound  of  all  the 
three,  an  extract  of  whatsoever  is  most  ridicu* 
loos  and  impious  in  them,  incorporated  with 
more  peculiar  absurdities  of  its  own,  in  which 
those  were  deficient ;  and  all  this  deliberately 
contrived,  knowingly  carried  on  by  the  bold 
imposture  of  priests  ander  the  name  of  Cluis- 
tianity.  The  wisdom  of  this  fifth  religion, 
this  ^  and  insolentest  attempt  upon  the  cre- 
dulity of  mankind,  seems  to  me  (though  not 
ignorant  otherwise  of  the  times,  degrees,  and 
methods  of  its  progress)  prindpally  to  have 
consisted  in  their  owning  the  scriptures  to  be  the 
word  of  God,  and  the  rule  of  fiiitn  and  manners, 
but  in  prohilMting  at  the  same  time  their  com- 
mon use,  or  the  reading  of  them  in  public 
churches  but  in  a  Latin  translation  to  the  vul- 
gar ;  there  being  no  better  or  more  rational  way 
to  frustrate  the  very  design  of  the  great  insti- 
tutor  of  Gbristianiiy,  who  first  planted  it  b^ 
the  extraordinary  gift  bf  tongues,  than  to  forlnd 
the  use  even  of  the  ordinary  laii^ages.  For 
having  thus  a  book  which  is  universally  avowed 
to  be  of  divine  authority,  but  sequestering  it 
only  into  such  hands  as  were  intrusted  in  the 
cb^it,  they  had  the  opportunity  to  vitiate,  sup- 
press, or  interoret  to  their  own  orofit  those  re- 
cords by  whicn  the  poor  people  bold  their  sal- 
Tation.  And  this  necessary  point  bein^  once 
gained,  there  was  tiienceforward'  nothmg  so 
monstrous  to  reason,  so  abhorring  from  mora- 
lity, or  so  contrary  to  scripture,  which  they 
might  no;t  in  prudence  adventure  on,  ete.  etc. 
ate.*'  An'  Account  bfthe  Growth  of  Popery  and 
Arbitrary  Government  in  England.  More  par- 


ments  unspotted  *,  and  hope  that  God  will  de* 
liver  them  ^  and  the  nation  for  their  sakes.  God 
will  not  suffer  this  land,  where  the  gospel  hath 
of  late  flourished  more  than  in  any  part  of  the 
worid,  to  become  a  slave  cS  the  world ;  he  will 
not  suffer  it  to  be  made  a  land  of  graven  images : 
he  will  stir  up  witnesses  of  the  truth,  and,  in 
his  own  time,  spirit  his  people  to  stand  up  for 
his  cause,  and  deliver  them.  I  lived  in  this 
belief,  and  am  now  about  to  die  in  it.  1  know 
my  Redeemer  lives ;  and,  as  he  hath  in  a  great 
measure  upheld  me  in  the  day  of  my  calamity, 
hope  that  he  will  still  uphold  me  by  his  spirit 
in  this  last  moment,  and  giving  me  fi^race  to 
glorify  him  in  my  death,  receive  me  into  the 
glorv  prepared  for  those  that  fear  him,  when 
my  body  shall  be  dissolved:    Amen.f 

I  havealready  (pp.  49S,  517j  inserted  bishoil 
Burnefs  account  or  Sidney's  Christianity.  Sir 
John  I>alrymple,  however,  (Memoirs,  part  1, 
book  1,  p.  31,  4to  edition  of  1771)  takes  upon 
him  to  assert  that  Sidney  was  a  ^  determined 
<  Deist  J 

With  respect  to  what  Sidney  says,  (see  p» 
901),  that  the  ink  shewed  the  writings  had 
been  done  many,  and  perhaps  20  or  SO  years^ 
it  b  observed  m  the  Bi(^^j)hia  Britannica, 
that  firom  names  mentioned  m  Sidney's  book 
it  is  undeniable  that  some  parts  of  it  at  least 
had  not  been  written  SO  years.  As  fopt  instance, 
<(  Old  Andlejr,  Dog  Smith,  Bishop  Duppa; 
Brownloe,  Child,  Dashwood,  Fox,  ace.  are  to 
be  esteemed  fiuhers  of  the  people  of  England.^ 
And  this  other  passage,  where  he  names 
<^  Hide,  Arlington,  Danbv,  their  gpraces  of 
Clefdand  and  rortsmonth,  Sunderland,  Jen« 
kins,  and  Chiffinch  ;"  immediately  after  men* 
tioning  the  **  bawds,  whores,  thieves,  buffMmSy 
parasites,  and  such  vile  wretohes  are  naturally 
mercenary,  that  had  too  much  power  at  White* 
hall." 

ticularly  from  the  long  prorogation  of  Nov. 
1675,  ending  Feb.  15, 1676,  tillthe  last  meet* 
tDf  of psriiament,  July  16, 1677.  Amsterdam, 
pnntea  in  the  year  1677,  in  quarto.  [By  An- 
drew Marvell,  *^  Who  died  shortly  after,  not 
without  strong  suspicions  of  being  poisoned."]} 
Ot  ^mes  1,  Chfurles  1,  Charies  S,  James  9, 
their  evil  deeds  and  sinninga  against  their  peo^ 
pie,  see  an  admireUe  recapitolation,  in  that 
master  tract  intitled  **  A  short  history  of  stand- 
inff  armies  in  England,"  by  that  spirited  ex- 
ceUeot  English  gentleman  John  Trenchard. 

*  In  his  bounty  he  did  deliver  them,  and  soon 
too,  at  the  most  noble,  most  happy  revolution. 

t  The  reader  will  find  a  difficulty  in  under* 
standing  some  words  uid  passases  in  this  Apo- 
logy, which,  it  is,  not  imOTobable,  was  dictated 
to  a  Frenchman,  Joseph  Ducas,  the  same  who 
garc  eridenoe  on  the  trial. 


951]     STATE  TRIALS.  35  Charles  II.  l685^THa/  afAIgem4m 


[953 


Report  made  to  the  House  of  I^rds,  on  the  SOth  of  Deceh- 
.  BER  1689,  FRok  the  Committee  for  Inspections  of  Exa^ 
M r NATIONS,  concerning  the  Murders  of  Lord  Russell,  Colonel 
Sydney,  Sir  T.  Armstrong,  and  Mr.  Cornish  :  the  Advisers 
of  Quo  Warranto,  and  the  Advisers  of  the  Dispensing  Power* 
{From  the  Lords'  Journals.] 

December  20,  1689. 

THE  earl  of  Stamford  reported,  from  the 
Lords  Committees  appointed  to  ooosider  who 
were  the  Advisers  aoa  Frooecators  of  the  Mur- 
ders of'  the  lord  Rqssell,  cokmel .  Sidney,  sir 
Thomas  Armstrong,  and  Mr.  Cornish  ;  and 
who  were  the  Advisers  of  issuing  out  of  writs 
ot  Quo  Warraotos  against  Coiporations,  and 
who  were  their  R^Tulttton;  >^nd  also  who 
were  the  public  Assertors  jof  the  dispensing 
power. 

* 

In  pursuanee  of  which,  these  D^ositions 
urere  read,  as  foUowedi : 

I 

The  EXAMINATION  ofDoctor  JOHN  TIL- 
L0T80N,  Dean  of  St  Pftul's,  taken  the 
18th  of  November,  1689. 

To  the  question,  <  Whether  the  doctor  wrote 
«  a  letterto  the  lord  Russell,  June  20th,  168S  P' 
Thia  ezaiminant,  by  his  answer,  saith,  That  m- 
deed  he  did  write  such  a  letter,  the  day  before 
the  lord  RumoU  died.— That  he  did  shew 
(be  letter  to  the  lord  Halliiax,  that  ereo- 
iiy  he  wrote  it.  And  that  he  wrote  it  merely  of 
iumself. 

'*  Butthis  Bxaminant  saith,  That  he  did  not 
publish  it.«-And  it  was  much  against  his  will 
thatitwaspubliyhed.    And  he  doth  not  know 
by  what  order  it  was  published. 

«'  Thia  Examiiiant  saith.  That  Dr.  Burnet, 
the  present  bisbopof  Salisbury,  comingfromthe 
lord  Ritssell,  told  him,  *  That  he  beliered  that 
^  he  had  brought  him  to  a  willinp^ness  to  declare 
'  his  salisfaotioo  in  that  poiot  which  the  letter  re- 

*  Jates  to;  and  desired  this  examioant  to  go  to  the 
f  lord  Hallifax,  toac<|uauit  him  with  it,  that  his 
'  lordship  might  mitigate  thethiiMf  to  the  Idng, 
f  and  so  oe  a  meam  to  sa?e  the  tord  Russeirs 
•life.' 

.  *'  This  Exaniinant  saith,  That  the  lord  Hal- 
Ufax  told  him,  *  he  would  do  it ;'  and  the 
next  day  said,  *  he  had  done  it,  and  that  the  king 

*  seemed  to  be  more  moved  with  it  than  by 
'  any  thi^f  else  that  had  be^  said  before.' 


On  Thursday,  after,  this  Bxaminant  saidi, 
fie  waited  on  the  lord  Russell ;  and  told  him, 
^  that  he  was  very  glad  to  hear  his  lordshio  was 
^  satisfied  as  to  that  point,  hoping^  it  would  im- 
'•  prove  to  his  advantage.'  But  his  lordship  told 
item,  ^  he  was  not  so  clearly  convinced  in  that 

*  matter.'    This  Examinant  saith,  That  he  in 
reply  told  him,  *  he  was  very  sorry  for  it ;  be- 

*  cause  the  messa^  had  been  carried  to  the  king 

*  Ihat  ha  waaooavmced  ofity  Md  would  declare 


I 


'  it  at  his  death  ;'  for  so  hehad  been  informed 
His  lordship  said  :  *  That  Dr.  Burnet  had  dis- 

<  coursed  much  with  him  about  it,  and  that  he 
'  was  very  willing  to  be  convinced  ;  hut  yet  he 

*  could  not  say  he  absolutdy  was  so.' 
*<  This  £xaminant  saith,  That  he  was  modt 

tronbled  at  this,  for  his  own  sake,  as  well  as  his 
lordship's,  because  that  he  had  been  the  ooeaaioB 
of  sending  a  message  to  &e  king,  which  seemed 
to  contradict  him. 

**  Hereupon  this  Exarainant  saidi.  That  the 
nejct  day,  which  was  Friday,  he  wrote  the  above 
mentioned  letter,  which  he  carried  aloog  with 
him  to  his  lordship  :  fearinjgf  that,  being  so  near 
the  time  of  his  suffering,  his  relations  woold  bo 
with  him,  aod  so  he  might  not  have  the  onporlii- 
nity 'of  speaking  with  him  himself ;  but  wnea  tfna 
examinant  came,  he  found  there  none  with  him 
but  his  lady.  He  told  his  lordship  what  he  at- 
tended, <  that,  being  his  time  was  ao  very  ahart, 

<  he  rather  chose  to  give  him  that  letter,  than  t» 

<  trouble  him  with  a  long  discourse :'  his  loid- 
ship  received  it,  and,  rismg  up,  went  into  his 
inner  room;  and  staying'there  some  time,  what 
he  returned  he  tokl  him,  <  that  he  had  read  the 

*  letter,  and  was  willing  to  be  convinced,  hat  he 

*  could  not  say  he  was  so ;'  and  withal,  he  told 
this  examinant,  *•  It  was  not  then  a  time  to  troa- 

<  ble himself wih politics;'  butsaid,*  thatthon^ 

<  be  was  inerror,  yet,  being  wfllmg  to  beesn- 

<  vinced,  he  hoped  God  woold  foigive  him.'  Aod 
this  examinant  saith,  he  made  answer,  *That 

<  he  hoped  so  too.'  After  a  litlie  ftirther  £a- 
com'se,  of  that  matter,  thia  examinant  aaith,  he 
told    his  lordship,   *'  he   woohi  troohle  hhn 

<  aboutit  no  more;'  nor  did  he ;  but,  after hb 
loi'dship  came  out  of  the  room,  he  ^ve  this 
examinant  his  letter  agam. 

««  This  Examinant  saith.  That,  after  be  left 
his  lordship,  he  went  to  the  lord  Hallifax,  whom 
he  told,  <  he  was  sorry  he  had  beggedhis  lord- 

<  ship's  iavoarto  employhimself  on  that  measage, 
«'not  finding  die  lord  Russell  so  fully  satiBfied  ss 

*  Dr.  Burnet  believed  he  was,  though,  he  aastb, 
(  he  had  endeavoured  all  he  could  to  give  his 
^  lorddiip  satiafoction  in  the  matter,  and  had 

<  written  a  letter  to  that  purpose,  which  he  ddi- 

*  vered  into  his  own  hands  himaelf.'  llieie- 
vpcHi,  this  examinant  saith,  ho  shewed  that 
letter  to  the  kfd  Hallifax;  andjuataa  be  began 
to  read  it,  one  of  hisservanta  came  in,  and  told 
him,  *  that  a  foreign  or  Spanish  amhaasadoi 

*  was  coming  in ;'  therefore  tiiis  examinant 
aaith,  he  told  hia  kirdahip,  *  be  must  leave  tiia 
'letter  with  him.' 

'<  The  next  waa  the  day  ofthelord  Ruaaefl'to 


[9*4 


The  EXAMINATION  of  JOHN  RAMP- 
DfiN*  Mf.  ttkefi  the  18th  of  NoFcmber, 
1689. 


933]      •     STATE  TEIALS,  55  CiumLBi  II.  1583^m*  Ugh  TVmmi; 

soflcfing;  tndtliiaeanbiuitvttitli, he  attend- 
ed him  00  the  ecaffoldf  end  did  not  ipeek  with 
the  lord  HaHifiuttUlfOBMda^rt  after.  Hesaith, 
tboTeaaon  why  he  applied  himself  to  the  lord 
HailifiUE  mm  this  oocaaioDwai,  beoaoae  hebe- 
Kered  bis  brdship  would  do  the  lord  Rcusell  all 
the  good  he  could. 

«« This  Ejcaminant  saith,  That  the  day  after 
the  lord  RusseU  died,  he  was  commanded  to 
appear  at  the  cabinet  council ;  which  he  did  f 
amdtberetheking,  tbedttkeof  York,  the  lord 
keeper  North,  the  dnke  of  Ormond,  the  lord  Hal  - 
lifiix;  the  lord  Rochester,  and  sb  Leoline  Jen- 
kins, werepresent. 

**  This  Examinant  saith,  There  the  king 
«adsed  him,  *  whether  he  had  any  hand  in  the 


**  paper  which  was  published  in  the  lord  Rus- 
**  sell's  name  P'  To  which  he  answered,  *  he 
*  had  not ;'  after  which,  the  king  seemed  to  be 
valisfied. 

"  This  Examimtnt  saith,  That  Mr.  Roger 
lL«*Estrange  came  the  next  clay  to  him  ;  and  told 
him, '  he  was  ordered  to  shew  him  a  letter,  and 
"*  to  ask  him,  whether  it  was  his  or  no  ?' 

**  This  Examinant  saith.  That  he  gare  no 
eopy,  it  is  true  he  kept  a  copy,  bat  it  was  m  short 
hand) :  bat  when  Mr.  L'Estrange  shewed  him 
-u  letter,  he  desired  him  to  read  it ;  and  when 
he  had,  this  examinant  saith  he  told  him,  (ex- 
cepting two  or  three  words  which  he  shewed 
4iim  to  alter)  <  it  was  his.' 

<<  This  Exammant  saith,  That  he  belieresit 
L'Estrange's  hand  ;  and  that  he  told  him. 


*  he  was  Tery  sony  it  was  to  be  published ; 
^  and  if  it  were  in  his  power,  it  should  not.' 

*'  Some  day  in  the  week  after,  tfaisexaminant 
saith,  the  ftrst  time  he  spake  Wiethe  lord  Hal- 
liftuc,  he  asked  him, '  How  his  letter  came  to 

*  be  published  P'  To  which  he  was  answered, 
*«  That,  npon  the  eomingout  of  the  lord  Rus- 

*  sell's  paper,  there  was  such  a  storm  raised 
^  in  the  court  against  Dr.  Burnet  and  this  exami- 

<  nant,  that  his  knrdship  in  kindness  to  the  latter 

*  shewed  the  long  his  letter ;  and  it  passing  from 

*  several  hands,  ittaamieout  ofhis  power  to  re- 

*  trieve  iL'  Thetord  Halliiaxsaid, '  that  he  had 

*  this  reason  to  beliere  he  left  it  in  the  king's 

<  hands,  because  the  duke  of  York  that  8on£y 

<  (being  the  day  after  the  lord  Russdl  died),at 

*  the  cabinet  oounci],  a£i>ke  of  |his  letter.'  But 
this  exammant  saith.  That  he  knows  nothing 
ofthepubfishingof^is  letter,  nor  by  whom  ; 
nordifthe  speak  to  the  lord  Uallifax,  between 
-the  time  of  tbedeltTery  of  the  letter,  andthatof 
the  publishing  of  it 

«« This  Examinantaaitfa,  That  th^  lord  Hal- 
ifax shewed  a  very  compassionate  coucem  for 
the  k>rd  Russell,  and  all  the  readiness  to  serre 
him  that  could  be  wvhed. 

**  And  thb  Examinant  ftirthersaith,  thai  the 
kudlUiaaell desired  him  to  give  histhanksto 
the  lord  Halli&x,  ihr  his  humanity  and  kind- 
newtohim;  and  it  was  occasioned  by  his  tell- 
tng  the  lord  Russell  of  the  lord  HalKfax's  being 
so  ready  tocarry  that  message  to  the  king  tiiat 
he  had  mm  doetor  Burnet'^ 


«*  This  Examfaiant  saith,  Thathiscaaeisso 
tery  much  twisted  with  Aose  noUe  persons  after 
whose  Mood  and  murder  ^ir  lordships  of  this 

committee  do  now  so  strictly  enquire,  that  he 

.■-  ■  '  -  ■■■■  ■  ' 

*  On  the  1^  of  Norember,  the  Lords  sent 
down  the  following  Message  to  the  Commons : 
**  Mr.  Sp^ker,  we  are  commanded  by  the 
Lords  to  acquaint  this  honourable  Hoose  with 
this  Message,  That  a  Committee  being  ap- 
pointed to  examine,  who  were  the  Advisers  and 
Prosecutors  of  the  Murders  of  the  lord  RiisseH, 
colonel  Sidney,  sir  Thomas  Armstrong,  Mr. 
Cornish,  and  others ;  and,  who  were  the  Ad- 
risers  of  issuing  out  of  writs  of  Quo  Warrantos 
against  CorporatioDS ;  and,  who  were  the  Re- 
gulators ;  and  also,  who  were  the  public  As* 
sorters  of  the  Dispensing  Power  j  that  this 
House  be  desired,  that  Mr.  Serjeant Trenchard, 
and  John  Hampden,  esq.  and  such  other  mem* 
hers  of  this  House,  as  can  inform  the  Lords  of 
the  said  committee,  about  those  matters,  may 
hare  leare  to  appear,  when  desired,  lo  deoiara 
their  knowledge  therein." 

Upon  which  the  following  deliate  ensued : 

Mr.  Sae&everelL  This  is  a  precedent  that  ii 
rery  new.  I  nerer  saw  any  of  tlie  Kke  natfve 
beAMre.  It  lays  a  hard  chaige  on  you,  as  if 
your  members  nerer  mentioned  this  eridenoe 
to  you.  The  naming  these  gentiemen  in  the 
Message,  '  and  such  other  members  as  eau 
inform  the  Lords,  dcc.4'<^To  grant  an  uulimiled 
power  of  we  know  not  whom,  is  not  parlia« 
mentary. 

Sir  Tho,  Lee.  I  thmk^  the  thing  is  quite 
new,  or  &nt  of  my  memory.  1  would  rather 
teke  a  day's  time  to  consider  of  i^reeedenta.  I 
cannot  agree  that  it  is  an  original  thing  (as 
said)  hut  things  of  this  nature  are  nice  betweesi 
both  houses. 

Mr.  Botcawen,  There  was  a  member' exa- 
mined about  lord  Essex.  He  asked  your  leare^ 
when  caHed  upm:  by  the  Lords  ;  and  now  it  is 
much  more  reasonable  that  you  should  giro 
leare. 

Sir  John  Dretor.  This  is  a  matter  of  great 
importance.  I  w6uld  not  deny  tiie  Lords  an^ 
thing  in  whidi  they  hare  a  judicial  power;  if 
you  canjrire  them  any  assistance,  in  that  you 
may.  fiiquire  into  lord  Strafford's  Case,  and 
you  will  find  that  sir  Henry  Vane,  a  member^ 
was  examined  by  the  Lords ;  and  some  mem* 
bers  now  in  lord  Stafibrd's  Case ;  but  It  waa 
when  the  Commons  were  j^rooecutors.  As  for 
proceeding  by  Bills  of  Attmnder,  there  ate  but 
lew  precedents,  but  what  hare  begun  here,  hut 
those  by  the  king's  Attorney  Graeral,  by  the 
king.  I  would  not  hare  you  giro  up  your  pri* 
rilege;  but  I  would  giretne  Lords  satisftusuon, 
and  answer  them' by  meMengsrs  of  your  own, 
and  adjouni  the  debate  till  to-morrow. 

Sir  Jo$eph  Dredenham.  I  would  willingly 
comply  witii  the  Lords*    I  hear  only  of  iA 


955]     STATE  TRIALS,  35  Cha»lb8  H.  l6SS.—Tirial  p/  Algmtm  SUney,     [95J 


knows  not  how  to  speak  ofthein,  withoaft  gwiog 
a  relation  of  his  own  ;  and  that  bn  looks  opon 
himself  as  macb  murclered  as  any  of  them,  hy 
reason  of  his  sufferings. 

• 

precedent  of  the  last  session ;  and  before  yoa 
confirm  that  precedent,  by  adding  another  to  it, 
I  would  con^der. 

Sir  John  Guiic  I  know  my  own  ignorance 
in  methods  of  parliament ;  but  all  desire  to 
clear  up  the  dust  in  this  case.  Rather  than 
delay  it,  refer  it  to  a.  committee,  to  see  the 
manner  of  proceeding^  of  the  House,  and  inspect 
ypur  Books,  and  we  commend  it 'to  their  dis- 
patoh. 

Mr.  CA.  Montagu.  I  am  so  far  from  hinder- 
ing the  information  of  the  House,  that  I  could 
wish  we  had  begun  the  enquiry  here.  I  belieFe 
the  committee  <^f  the  Lords  meet  not  till  Fri- 
dlhr,  and  you  may  consider  of  it. 

Sir  Robert  Cotton.  I  desire  to  see  a  full 
prosecution  of  this  business.  Never  were  men 
■o  illegally  prosecuted  and  executed.  But  you 
have  had  no  precedents  of  this  nature,  but  the 
sending  for  sir  Christ.  Musgrave,  and  he  was 
named  by  the  Lords ;  and  so  far  I  would  agree 
with  the  Lords,  to  the  persons  they  name ;  but, 
as  for  the  other  part  of  the  Message,  *•  That 
persons  at  their  lordships  pleasure  may  be  sent 
vir,'  there  is  no  instance  of  precedents ;  and 
^ewig  you  have  none,  for  the  honour  of  the 
House  you  ought  to  conmdt  methods  of  parlia- 
ment, and  to  answer  it  to  those  that  shall  come 
after  us.    I  move  for  a  Committer 

Sir  Tho.  IdttUton.  I  would  not  delay  it  so 
long  as  refei'ring  it  to  a  committee.  The  for- 
mer part  of  the  Lords  request  seems  reasona- 
ble, and  is  far  from  claiming  a  jurisdiction ; 
but,  as  lor  the  other  part,  to  examine  whom 
they  shall  see  cause,  of  your  members,  I  am 
utterly  against  that  jurisdiction. 

Mr.  Man^kden.  You  are  rationally  moved, 
by  Littleton,  to  send  no  answer  at  all  to  Uie 
latter  part  of  the  Message. 

Sir  Tho.  Clarges.  I  nave  a  great  difficulty 
upon  me  in  this,  concerning  the  Lords'  Jurist 
diction.  By  the  statute  of  Hen.  4,  *  There 
ahaU  be  no  more  Appeals  of  Treason  of  Lords 
ag[ainstone  another  in  pwliament'  But,  ad- 
mitting the  Lords  had  juriadictii^  of  them- 
selves, they  have  none  upon  conamoneni,  but, 
if  this  may  tend  to  the  accusation  of  common  • 
ers,  it  is  against  &e  rig[ht  of  the  Commons  ; 
hut  if  they  say  it  is  against  such  a  peer,  and 
such,  but  to  have  your  members  neither  to 
know,  whether  it  is  against  a  conmioner,  or  a 
peer,  I  am  asninst  it. 

Sir  EdMo,  Seymour,  1  came, in  late,  but  I 
collect  from  Uie  debate,  that  tlie  Lords  desire 
Trenchard  and  Hampden  to  attend  the  Lords, 
and  give  evidence  of  the  autiiors  of  the  murders 
of  lonl  Russdl,  &6.  the  advisers  of  ih&  Quo 
Warrantos  and  Regulators  of  Corporations,  and 
any  other  member  to  attend  their  lordships, 
when  desired.  I  think  this  of  that  importance 
to  the  constitution  of  parliament,  tnat  you 
aaanot  find  one  instance  of  that  IdikL     When 


"  This  Exammant  inith.  That,  after  the  M 
Russell  and  oolond  Sidney  were  dapt  up  in  tfat 
Tower,  he  was  sent  for,  and  brought  before  Um 
cabinet  council,  or  select  number  of  lords,  anl 

■        »  — . — 

an  accusation  has  been  from  the  ComnwoBy 
then  you  have  permitted  your  members  to  gife 
evidence  to  the  Lords,  out  upon  an  origiBiI 
cause  firom  the  Lords — If  you  examine  upon 
the  legblative,  you  are  upon  equal  footing  w^ 
the  bords  ;  but  will  you  submit  and  subject 
yoursdves  a  d^pree  lower,  having  no  preoe« 
dents  to  warrant  your  proceedings?  I  bops 
you  will  be  tender  how^ou  admit  it. 

Mr.  Howies.  It  is  said,  '  There  is  no  prece- 
dent of  this  Message  from  the  Lords ;'  and,  in* 
deed,  there  is  no  precedent  of  what  has  been 
done  lately  in  the  abominable  Trials.  It  is 
certain  that  a  member  may  accuse  a  lord,  sad 
certainly  there  is  no  manner  of  mischief  in  thii^ 
but  to  &  a  great  deal  of  ^ood. 

Sir  Tho.  Lee.  I  desire  gentlemen  wwdd 
think  how  little  things  draw  great  oonee* 
quenoes;  if  gentlemen  see  what  tbef  ire 
about  to  do,  i^rfaaps  they  will  not  doit  I 
think  I  have  read,  or  heard,  that,  in  fonner 
times,  the  Lords  sent  to  the  Commons  toper* 
suade  them  to  the  necessity  of  giving  Money ; 
the  Commons  would  not  confer  with  tbe  Lords 
about  it.  You  may  remember  Skinner's  case. 
Tbe  Lords  tell  you,  now  they  are  doing  a  tbing 
that  is  the  greatest  matter  in  question,  whetiwr 
they  can  do  it ;  and  when  you  makeyoursehcf 
a  party,  and  consent  to  it,  I  know  not  how  fir 
it  will  go.  It  will  be,  or  not  be,  as  the  U>rdf 
shall  think  fit  In  Fitzharris's  Case,  at  OxM, 
the  Lords  would  not  accept  your  hnpeachmo^ 
I  would  keep  gentlemen  on  the  andeat  iban- 
dation.  This  case  is  an  enquiry  into  matten 
criminaL  I  know  the  consequence  of  the 
Quo  Warrantos  against  Corporatioos,  sad  no 
man  is  so  brutish  as  not  to  abhor  the  morden 
of  lord  Russell,  &c.  but  if  the  Lords  take  npos 
them  to  make  enquiry  into  that  which  ymi 
have  power  to  do,  and  ought  to  do,  they  mav, 
perhaps,  brinff  a  oonunoner  siuninarily  to  ds 
tried  atUieir  rar. 

Mr.  Howies.  Appeals  were  taken  awayby 
the  statute  Henry  4,  of  one  lord  against  anooier 
in  parliament,  for  Treason  ;  but  still  there  ut 
for  murder  and  felony.  Appeals  for  ****■• 
are  always  in  parliament,  and  are  to  be  tried 
by  battail.  If  a  man  was  antiquated,  abore 
sixty  years  of  age,  he  was  not  bound  to  bsttoU, 
nor  a  woman.  But  there  is  no  odour  tbst 
that  statute  took  away  Impeachments  in  par- 
liament. I  would  have  these  persons,  dcarea 
by  the  Lords,  have  leave  to  go. 

Sir  Henry  Capel.  I  know,  whenever  pnn- 
legecomes  m  debate,  that  it  is  ^^^y^^ 
and  nice  thinjr,  but  I  hope  H  shall  ever  be  W 
the  preservation,  and  not  destruction,  oltne 

Sivemment  I  would  not  cany  ¥P^^.^ 
at  excess  to  prevent  common  justice,  tnat » 
may  be  obstructed.  In  this  case,  where  yoa 
hav€  reversed  Attainder  of  these  P«f"f».  i 
ho^  no  Privik^  will  take  place.   1  tw» 


^57)  STATE  TRIALS,  35  CHABtEt  II.  lS8S.^/or  Bigh  Treas&n.  [95s 


asked,  *  wbeAer  he  iras  of  ^  coancil  ofsixP* 

(lor  80  the  lord  Howard  had  been  pleased  to  caU 

It.) 

'    «<  This  Examinant  saith,  That  he  saw  there 

kine  Charles  the  2d,  the  lord  keeper  North,  and 

thelord  Hallifax  ;  and  there  were  some  other 

,   ,  -      -  — ^— ^— ^— ^^— ^■^^— 

that  is  no  original  cause  from  the  Lords.  I 
think  the  peers,  as  part  of  the  legislature,  ha?e 
power  to  enquire  into  these  things^  as  well  as 
the  Commons.  Here  have  been  charters  and 
mens  lires  taken  away,  and  ill  returns  of  mem- 
bers designed,  and  your  faws  destroyed  thereby, 
and  no  remedy,  ft  i&  said,  *■  There  is  no  pre- 
cedent for  this,  &c.'  but  there  is  a  precedent 
the  last  session  :  sir  Christ  Musgrave,  and  sir 
Philip  Howard,  attended  the  L^rds,  to  give 
evidence  in  the  case  of  lord  Essex.  As  for  a 
committee  to  consider  this,  it  is  a  delay  to  the 
anquiry,  and  we  ought  to  show  our  readiness 
to  the  Lords  in  it. 

Sir  John  Trevor,  I  would  know  the  date  of 
the  Message ;  if  it  bears  date  now^  it  is  a 
■mall  delay  for  a  committee  to  consider  it  till 
to-morrow  morning.  Is  it  not  better  to  allow 
the  small  delay  tiU  to-morrow,  than  to  divide 
the  House  upon  itP  And  the  Yeas  must  go  out. 

Sir  Robert  H<mard,  It  has  been  said  by 
•ome,  <  We  must  agreeto  all  the  messa^,  or 
none/  Skinner's  case  was  most  foreign  to 
this,  for  that  was  point  ofproperty,  which  might 
have  had  remedy  in  Westminster-Hall,  and 
was  an  origpnal  cause  from  the  Lords.  Can 
this  be  a  pr^udice  to  you  P  But  this  will  be  a 
deep  one  ;  when  yon  will  do  nothing  yourselves 
in  it,  and  hinder  the  Lords  from  doing  it. 
*  You  have  heard  a  mat  deal  of  this  matter, 
and  let  all  pass,  and  me  Lortls  think  they  can 
do  something  in  the  discovery,  and  the  (jom- 
mons  delay  contributing  to  it.'  This  will  be 
aid. 

Mr.  Hampden.  The  question  is  not  pro- 
perly *'  Agree  or  not,'  but  you  may  diride  the 
question.  I  am  for  maintaining  all  the  privi- 
leges of  the  House,  but  yon  have  none  for  ob- 
atnicting  justice.  Our  common  law  is  foimded 
njpon  eternal  maxims  of  reason  of  any  muni- 
cipal law  in  the  world :  the  civil  law,  the 
municipal  law  of  the  Romans,  was  so.  When 
your  priviltt^e  stops  justice,  it  is  time  to  hinder 
It.  In  the  Popish  Plot,  the  Lords  sent  for  some 
of  the  Commons  to  give  evidence,  and  parti- 
colarly  in  the  case  of  sir  Edmundbury  God- 
frey, Uie  Lords  sent  for  witnesses  perpetually. 
The  thing  is  not  judicially  before  you.  In  Lord 
Bristol's  case,  accnsinff  lord  Clarendon,  the 
Lords  over-ruled  it,  *  That  a  lord  could  not 
accose  another  in  parliament.'  In  snch  cases, 
when  the  Lords  d^re  evidence,  and  you  plsad 
privilege,  I  could  wish  privilege  out  ot  doors. 

Resolved,  **  That  leave  be  given  to  Mr. 
Serjeant  Trenchard,  and  Mr.  Hampden,  jun. 
to  attend  the  Lords." 

Mr.  SachererelL  Now  you  have  ^ven  leave 
to  your  members,  the  Lords  will  easily  linder- 
■tMid  it,  but  leave  it  an  indifference  for  any  to 
go  that  wiU."    5  Cobb.  Pari.  Hist.  p.  431. 


persons  present,  whose  faces  he  did  not  see  ; 
out  he  doth  not  remember  they  had  a  clerk  with 
them. 

**  Some  questions  were  asked  this  exami- 
nant by  the  lord  keeper  North,  and  likewise  by 
the  king.  And  he  saith,  he  was  very  mucn 
pressed  td  make  a  confession.  But  thki  exami-- 
nant claimed  (as  an  Englishman)  the  liberty 
not  to  accuse  himself.  Whereupon  he  was 
presently  sent  to  the  Tower,  made  close  pri- 
soner there,  and  indeed  kept  in  the  strictest  cus*. 
tody  for  twentv  weeks. 

'*  But  this  Examinant  saiih.  That,  some  time 
afier  the  lord  Russell  was  executed,  and  a  littla'^ 
before  the  exescutionof  colonel  Sidney,  he  re- 
ceived an  intimation  by  a  private  note,  how 
that  there  was  intention  to  try  him  for  fi  mis- 
demeanor ;  but  he  was  bailed  out,  upon  30,000/. 
security. 

'^  This  Examinant  saith  further,  That,  after 
this,  the  duke  of  Monmouth  came  in,  and  was 
receivedat  court,  and gpt his  pardon;  but  se- 
veral coming  to  visit  him,  he  began  to  be  too 
free  in  hi&  discourse,  which  did  not  please  the 
court  And  this  examinant  saith,  That  at  the 
old  Dutchess  of  Richmond's  house,  the  duke 
spoke  as  if  that  those  gentlemen  who  were  put 
to  death  suffered  unjustly. 

^  **  Whereupon  this  Examinant  saith.  That  th^ 
long  (afier  he  had  been  acquainted  with  this  by 
a  lady,)  would  needs  have  the  duke  to  confess 
his  bemg  concerned  in  the  plot ;  and  to  that 
purpose  there  was  a  ^per  drawn,  which  the 
King  would  have  him  sign  ;  and  it  was  accor** 
dingly  signed  by  the  duke. 

'<  And  thb  Examinant  saith.  That  a  gentler- 
men  (to  wit)  sir  James  Forbes  came  to  him 
from  the  duke  of  Monmouth,  with  a  copy  of 
that  paper  die  duke  had  signed,  wherein 
the  plot  was  owned ;  which  as  soon  as  ever 
this  examinant  had  seen  and  read,  he  said, 

*  It  was  a  confession  of  the  plot ;  and,  accord- 

*  lug  to  the  law  then  in  vogue  and  practice,  it 
'  would  hang  him,  because  so  litUe  a  while  be- 
'  fore  colonel  Sidney  was  condemned  upon  a 
'  paper  that  was  ^ven   in  evidence  agaiiist 


'  which  could  be  proved  to  be  written  and 
'  signed  by  the  duke   of  Mobmouth,  might 

*  much  more  properly  be  made  use  of,  asiiis 

*  evidence  to  hang  other  people.'  And  thk 
examinant  saith,  Tnat  he  was  told  by  Sir  James 
Forbes,  <  that  the  duke  was  in  a  manner  forced 

*  to  sifi^  the  paper ;  for  he  was  not  only  per « 

*  sua^,  but  overborne  in  it,  by  the  lord  Hal- 
« li&x.' 

«<  And  this  Examinant  further  saith,  That 
when  sir  James  returned  to  the  duke,  he  wi^ 
concerned  almost  to  madne^;  and  declared, 

*  that,  if  he  lived  till  the  next  day,  he  wouki 

*  have  the  paper  again ;'  and  accordingly  ^as 
this  examinant  was  informed)  he  went  to  tne 
king,  and  told  him, '  he  could  not  rest  tiU  he 

*  had  it.* 


9S9]     STATE  TRIAUb  55  CsABLtt  IL  iSU^Trktiif  jBgmm  Afafy,    fsfit 

*'  HorevpoD  thmEmmiunt  siilli,  TlMt  tbe 
king,  widi  grcftl  indigniiriwi,  tbrsir  bin  the 
paper,  ftnd  commanded  liiiD,  *  nerer  to  see  bis 
'faoeoiora;'  which  be  bdieves  he  did.  So 
the  didbe  went  away,  and  by  that  means  be  es- 
caped the  trial  fur  treason  then* 

**  This  Ezamioaut  saith,  That  ba  was  told 
bj  Mr.  Waller  (who  is  since  decessed),  « that 

*  tbe  doke  of  Monmooth's  ownmg^  the  plot  to 
'  the  )dng  was  tbe  eanse  of  comd  Sidney's 

«  This  Examinant  saith,  That,  aAer  this,  be 
vas  brought  to  a  trial  for  a  misdemeanor; 
and  was  convicted,  upon  the  lord  Howard's 
cTidenoe. 

<<  To  tbis^  Uia  Kiaminant  saith,  He  pleaded 
Magna  Chttte,  and  that  chapter  ofitparticn- 
lariy  wherem  a  *  islvo  contenemento,'  is  men- 
tiolfed :  but  yet  tbe  court,  for  all  that,  fined  him 
40,000/.  ana  ordersd  Um  to  be  kept  in  prison 
tOI  the  fine  should  be  paid,  and  be  wm  to  give 
security  for  the  good  behaTioor. 

«<  And  ibis  Examinant  faith  furtber.  That 
the  king  made  choice  of  putting  bim  in  prison. 
So  be  was  committed  to  tne  marshal's  house  in 
tiie  King's  bench,  where  he  continued  for.  ten 
months. 

«•  lliis  Examinant  said,  He  oflTered  several 
sums  of  aaoney :    biit  it  was  answered  bim, 

*  That  they  bad  rather  bare  bim  rot  in  prison 

*  than  that  he  should  pay  tbe  fine.' 

"  This  Examinant  also  saith,  That  after  this 
they  put  bim  in  the  common  prison,  where  be 
was  Kept  reiy  dose  for  ten  or  eleven  months. 
Then  they  contrived  a  writ,  called  a  Long  Writ, 
to  reach  liodi  bis  real  and  personal  estate,  whilst 
be  was  thus  kept  a  prisoner. 

**  But  afterwards,  this  Examinant  saith. 
That  he  beard  a  new  witness  appeared ;  bat 
tbii  was  after  tbe  defeat  of  tbe  ;aiike  of  Mon- 
mouth. 

"  Then,  this  Exammant  saith.  He  was  sent 
close  prisoner  to  the  Tower,  by  a  warrant  from 
tbe  lord  Sunderland ;  and  be  was  put  into  such 
a  room  where  there  was  no  manner  of  con- 
veniency;  and  there  were  forced  upon  him 
two  of  the  rudest  warders  in  the  Tower,  to  lie 
in  the  same  room  with  him :  and  afler  seven 
or  eight  weeks  of  this  treatment  there,  he  was 
lettoved  to  Newgate,  where  also  he  was  kept 
close  fbr  eleven  weeks. 

«  This  Examinant  ssith,  That  his  friends 
ifflfered  money  for  his  pardon  to  some  in  power, 
who  were  the  lord  Jmries  and  Mr.  Petre,  the 
sum  ^«x  thoiannd  pounds.  This  proved 
eifeetual  at  last  (though  it  i»  hardly  poissible 
for  a  man  to  suffer  more  than  thi«  examinant 
4id} ;  fbr,  bv  the  help  of  this  money,  on  con- 
dition that  this  examinant  would  pl4d  guOty 
to  bis  indictment,  be  was  to  come  off. 

"  This  Examinant  saith,  That  his  friends 
advised  him  to  it,  because  it  could  be  prejudicial 
to  no  man  living  (there  beinpf  none  alive  of 
those  called  tbe  council  of  six)  but  the  lord 
Howard. 

**  Whereupon  tiiis  Examinant  (pleading 
gttilty)%ras  discbaifed,  paying  3  or  400/.  to 


L 


Ckafaamand  BwtOD,  lor  Iha 
procnrsment  of  bis  pardon. 

**A»  for  tbe  sdbfect  maHsr  ef  what  Aia 
examinant  confessed,  ha  snpposes  no  man  will 
think  be  ought  to  be  ashamed  of  it,  who  be- 
lieve the  lord  Boasell  waa  oraidered. 

«<  And  this  Examinant  aaitb.  That  diia  was 
the  way  which  our  anoestorsalwaya  task,  wbea 
the  sovereign  authority  came  to  so  great  a 
height,  as  might  be  made  oot  by  many  in- 
stances: custom  bad  made  this  tbe  law  oC 
England,  and  all  dviliaed  and  weU-goremed 
nations  about  us  bad  used  the  like  wa^. 

*'Bnt,  notwitbstandiittr  ^ia  Examinaiit'a 
pleading  guilty,  be  saiA,  He  bath  been  vety 
ready  to  serve  and  secure  the  kingdom.  And 
be  dedareth.  That  be  was  one  or  the  two  or 
three  men,  who  saw  letters  from  HoDaad,  of 
this  late  most  hu»py  revolutioB.  And  he  saith» 
he  thinks  king  William's  coming  into  Enriand 
to  be  nothing  else  but  the  continuation  cu  tbe 
council  of  SIX ;  and  if  not,  be  saith,  he  desixea 
to  be  better  infevmed. 

<'  This  Exanunant  saith.  That,  being  asked 
by  the  kird  HalUfax,  *  How  be  came  to  send 

*  bis  wife  to  the  man  whom  be  looked  UfKin  aa 
'  instrumental  in  obtoining  tbe  paper  wbidi  b« 
'  tbouffht  would  endanger  lus  bfe ;'  be  an- 
swered, *  He  did  likewise  said  bis  wife  to  tbe 
^  lord  Jefferies,  Mr.  Petre,  and  others'  And 
further  be  said, '  Who  shmild  this  examinant 
'  send  to,  but  to  those  m  power  ?  and  who 
'could  effectually  help  bim,  but  those  wfaa 

*  were  in  tbe  seat  of  power  ?' 
«'  Iliis  Examinant  declares,  Tbat  be  did 

not  think  thelordHallifax  struck  directly  at  Us 
life,  or  that  bis  lordship  had  any  private  peraonal 
pique  against  bim ;  but  that  be  was  to  ca^ 
on  the  cause  be  was  engaged  in.  This  exa- 
minant saith,  his  wife  did  several  timea  go  to 
the  lord  HaDifax,  and  be  believes  by  her  sent 
him  bis  tbaaln.  But  indeed,  this  exanmiaiit 
saith,  he  doth  not  know  of  any  solid  efieets  of 
bis  kindness ;  if  there  were,  be  desires  die  lord 
Hallifax  to  do  him  tbe  pleasure  to  tcB  bim 
wherrin.  But  this  he  saith.  That  be  doib  not 
bdieve  anv  part  of  the  aix  thousand  pounds  was 
given  to  tbe  lord  Hallifex.  , 

'<  This  Examinant  saith  further,  Tbat  be 
never  beard  any  thing  of  the  du)m  of  Mon- 
mouth's confession  of  the  plot,  till  after  tba 
duke  had.  signed  tbe.  above  mentioned  pancr 
which  was  sent  liim.  He  doth  confess,  tnat 
be  had  heard  it  as  qommon  talk,    *  that  the 

*  duke  had  confessed  a  plot ;'  and  that  Mr.  Wal- 
ler told  bim  so  indefinitely,  but  be  could  not 
tell  whether  he  meant  before  the  signing  of  the 
paper  or  not. 

*<  This  Examinant  saith,  Tbat  what  tbe 
duke  of  Monmouth  did  at  tbat  time  was  aD  of 
a  piece,  whether  by  speaking  or  writing ;  and 
he  is  sure  that  it  was  witb  me  utmost  rdnct- 
ancy  thai  the  duke  signed  thatpaper. 

**  This  Examinant  saith.  That  be  remem- 
bers no  more  in  the  ciediinet  council,  but  tbe 
lord  Radnor,  besides  those  be  has  alreadjr 
named ;  but  he  bdieves  there  wera  tbcee  sr 
four  more. 


SSlJ  STATE  lUALS,  35  Chaubs  IL  m»^ffr  Higk  Tffuim^ 


t«?* 


'« But,  this  EnminaQt  autb.  He  was  bailed 
«at  on  the  28th  of  Norember,  1683 ;  and 
colonel  Sidnejr,  he  thinks,  was  ezecnted  on  the 
^  of  Oeoensber  IbUowinf  •   , 

'« The  Bzamimuit  saitb,  That  the  dolna  of 
Monmouth  appeafed  very  fim  to  him,  and  en- 
gaged to  use  his  utmost  endeavoora  to  save 
coiontl  Sidney.  He  saith,  he  eame  out  of  the 
Tower  some  few  days  bdbre  colonel  Sidney 
was  executed  ;  and  that  he  had  an  intention 
to  gite  him  a  visit ;  but  that  hisfneods  thought 
it  would  be  useless,  'and  indeed  dangerous  to 
them  ;  and  that  he  might  write  any  ihinff  he 
bnd  to  say.    Aooordii^y  he  wrote  to  him, 

*  Thai  he  would  oome  and  see  him  if  he  desired 

*  it'    But  colonel  Sidne^^harged  him,  '  not 
«*to  come^  but  to  write,  it  he  thought  any-in- 

*  eonveniency  would  oome  of  it' 

*'  And  this  Ezaminantsaitb,  Thatthe  messen- 
ger who  brought  him  the  message  before- 
uentioQed  was  Dr.  Hall,  now  bishop  of 
Oxford,  who  applied  himself  to  the  dutchess  of 
Portsmouth  for  his  release.  .  But  her  answer 
to  him  afterwards  was,  *That  she  had  tried, 
^  but  could  do  nothmg  ;  for  they  would  rather 

*  have  him  rot  in  prison  than  have  the  40,000/.* " 


8iv  JAMES  FORBES'S  EXAMINATIONt 
taken  the  90th  of  November,  1089. 

«The  Examinant  saitb.  That  the  night 
wherein  the  late  duke  of  Monmouth  signed 
Ifae  paper,  he  sent  Bryon,  or  some  other  of  his 
servants,  for  this  examinant,  in  a  hackney 
c»ach,  at  The  Little  Piazza  ;  where  he  told 
this  Examinant,  *  That  be  had  got  a  copy  of  a 

*  paper  Ivritten  by  the  king  himself,  which  was 
J  for  the  owning  of  the  evidence  of  Rnmsey 

*  and  others  )  which  paper  the  said  duke  de- 

*  aired  this  examinant  to  shew  to  Mr.  Hamb- 

*  deaJ    But  this  examinant  told  tbe  duke, 

*  Tbat  that  paper  would  make  him  infkmous, 

*  and  would  be  a  means  of  destroying  many 
'«  men's  lives.'  Whereupon  the  duxe  sent  this 
examinant  to  the  lord  Anglesey's,  with  the 
paper,  whom  he  fhund  going  to  bed  ;  but,  as 
soon  aa^he  was  acquainted  with  the  message, 
he  admittied  this  examinant  in  to  l^m  ;  and, 
upon  the  reading  of  it,  presently  wrote  a  paper 
ot  rmons  sffamst  it. 

«*  Tne  doke,  before  this  examinant  went  to 
the  lord  Anglesey's,  said,  *  That,  if  it  were  so 

*  as  this  examinant  had  tn]d  him,  he  would  have 

<  tbe  paper  again,  though  he  died  for  it.'  This 
laminaot  asked  hinii,  *  How  lie  could  ^t  it  ?' 
The  duke  said,  *  Tbe  kms^  would  shew  it  him, 
'.and  then  he  would  tear  it  out  of  his  hands.' 
And  tbe.duke  farther  said,  *  That  the  duke  of 
'  York  was  his  implacable  enemy.' 

•<  The  duke  told  this  examinant,  «  That  the 

*  lord  Hallifax   persuaded  him   to  sign  the 
'*  paper ;  but  wheiller  it  were  for  his  ^kmI  or 

<  Bot,  he  knevK  not.' 

"  This  Extnainant  says,  The  dukafeai  hina 

'toMnHambdoBwithit;  who,  as  soon  as  ever 

be  bad-seen  and  read  it,  said,  ^^Thathewas  a 

^dcadmaki.'    Mr.  Harabdea  aafcad  th«i  axa- 


mNnat'aieaveiosbewthepai^rto  hiafa^ier;- 
which  tliia  examinaql  oonseuted  to ;  and  whea 
he  returned,  this  examinant  went  back  to  the 
duke  of  Moomouih,  whom  be  ibund  that  very, 
night  at  tbe  same  place.  * 

'*  There  this  examinant  gave  him  the  earl  oC 
Anglesey's  reasons  ^[ainst  tbe  pqper,  together, 
with  his  own  thoughts  of  it ;  as  also  he  re^rte^ 
to  him  what  Mr.  Hambden  said  ooacerni^g  it» 
Whereupon  the  duke  replied,  '  That  he  saw* 

*  they  had  a  mind  to  ruin  nim  ^and  he  was  only 

*  brought  into  conrt  to  do  a  lob  ;  and  that  hei 
'  wottfi  not  fdeep  before  he  had  r^evej^  the 

*  paper.'       ♦         ,  - 

**  Tbe  next  day,  colonel  Godfrey  came  te 
this  examinant ;  and  told  him, '  That  the  duke 

*  had  recovered  tbe  paper,  and  got  it  into  his 
'own  poteeasion.'  And  th||i examinant  went 
to  tell  Mr.  Hambdea,  Afr.  Cbarletoo,  and 
major  Wildman,  of  it. 

y  But,  before  this,  the  diiketold  thire]6i- 
minant  how  kindly  the  king  bad  expi  eased  him- 
self to  him. 

"  This  Examinant  deared  ^e  doke  to  save 
colonel  Sidney,  if  possible ;  bui  the  duke  feared 
he  could   not ;    but  said,  *  He  had  told  the 

*  king  how  spood  a.  man  the  lord  Russell  was.' 
Atad  when  this  examinant  had  told  the  duk^ 
how  it  was  reported  ia  the  town,  *  that  he  was 

*  come  in  to  be  a  witness ;'  he  alnswered,  *  He 

*  never  would.' 

'<  This  Examinant  told  the  duke,  •  That  Mr: 

*  Hambden  desired  to  see  hita ;'  but,  though  . 
the  duke  thought  it  to  be  rery  dangerous,  yet^ 
he  went  to  givehim  a  visit.  The  business  was, 
as  this  examinant  verily  believes,  to  try  whe- ' 
ther  he  could  save  colonel  Sidney'a  life  or,no  : 
and  this  was  before  the  duke  of  Monmoutl^  had 
obtained  his  pardon. 

*<  This  Examinant  further  says,  That  the 
duke  was  with  Mr.  Hambden  two  or  three 
hours ;  indeed  he  was  not  in  the  same  room 
with  them,  but  he  rerfly  believes  it  was  to  save- 
the  colonel  as  aforesaid. 

'*  Tbe  duke  did  nottdl  this  exaininant  of 
any  confession  he  had  made  ^  but  only  talked 
of  the  king's  kindness  to  hi  A. 

'*  The  duke's  servants  told  this  examinant, 
at  the  Cockpit,'  that  they  wer^  ordered  not  te 
suffer  any  of  his  old  friends,  or  old  Whigs  to  , 
come  to  him  ;  and  yet,  the  next  momuiff  after, 
the  duke  of  Monmouth  appeared  puljicly  al 
the  Cockpit. 

*<  This  Examinant  did  hear  nothing  of  the 
paper  till  after  the  duke  delivered  it  to  him  ; 
nor  did  he  hear  by  him  that  the  king  promised 
not  to  make  use  of  the  paper  as  evidence 
either  to  his  own  or  any  other  person's  prejiu^ 
dice :  it  might  have  been  so  talked  of  m  tbe 
town  ;  but  this  examinant  does  not  remember 
that  the  duke  named  any  particular  person  that 
made  him  si^  the  uamir  to  do  a  job  ;  only  be 
said,  *>  The  Soke  oi  York  wa»  his  implaoBible 
*■  enemy,  and  had  a  mind  to  ruin  him.' 

^  This  Examinant  says.  He  did  not  bear 
the  duke  of  Monmouth  say  any  thing  about 
his  owning  the  Plot,  befm  he  sh«wed  mn.  tU» 

3Q 


JS5].    STATE  TUlJaA  S5<!vmBS  IL  l6$$.^Trkl^JlgdmM  SUbiy,     [964. 


^•IKr;  Init  lie  my^  Thai  Bryon,  or  Mine 
other  of  the  dake's  fbotineii,  told  him,  *  That 

*  floch  and  audi  were  fnrhidden  to  aae  or  pay  a 
«  fiiit  to  the  duke.'  ^ 

"  And  thia  Examtnant  save,  Thai  he  doea 
not  remember  the  dvke'a  tolling  him  anv  rea- 
fouB  that  the  kml  naed,  who  perauaded  him  to 
mga  the  paper: 

*<ThediiketoM  thia Ezaminant,  'It would 
^  be  a  very  hard  tnin|^  to  laTe  coiood  Sidney  i* 
hat  ordered  him  .poaitiirely  to  deKver  the  mea- 
Me  to  Mr.  Hamoden  ;  and  likewiae  told  him, 

*  That  he  had  acopainted  thekinr,  how  good 

*  a  man  the  lord  Ruaaell  waa,  and  how  uquitly 
•he  bad  been  put  to  death.*" 


The  EXAlniNATION  of  Sir.  JOHN  TIS- 
JfiO^  token  tfie  30di  of  November,  1689. 

H  Ilui  Examinant  saith,  That,  at  the  lord 
Rusaeira  ^rial,    four   gentlemen    told   him, 

*  That  Keeling,  who  wai  to  hare  been  the  first 

*  evidence  againat  his  lordship,  being  taxed  of 
*'being  drunk  at  a  cofiee  house ;'  he  answered, 

*  That  he  was  not;  but  confessed  himself  to 

*  be  in  a  very  great  disorder,  because,  he  said, 

*  he  was  that  night  to  meet  some  gentlemen  at 

*  the  Oun,  who  were  to  give  him  instructions 

*  what  to  swear  ;  but,  he  said,  when  he  bad 

*  received  his  instructions,  he  would  make  a 

*  disoovery,' 

«<  This  Examinant  further  saith,  he  was  in- 
formed, That  this  Keeling  called  his  brother 
(who  was  a  smith)  from  bis  work,  saying  to 
him,  *  Trouble  not  yourself  about  working^ ; 

*  for,  if  you  will  but  swear,  you  shall  ride  in 

*  your  coach  and  six  horses.' 

**  However,  this  Examinant  saith,  Keeling 
was  not  produced  at  all ;  and  he  believes  the 
reasonef  itto  be,  because  some  were  apprised 
of  the  defence  which  the  lord  Russell  could 
have  made  against  his  evidence. 

''  The  said  Examinant  deckreth,  he  knows 
nothing  of  the  manner  of  &e  return  of  the 
jury. 

((  This  Examinant  saith.  That,  the  session 
hefore  the  lord  Russell  was  tried,  there  were 
some  Jesuits  to  come  upon  their  trials ;  but 
yet,  tnouffhthey  heard  all  the  king's  evidence, 
they,  haa  their  trials  put  off^  and  the  juries 
were  discharged  ofthem:  but  Ihia  examinant 
•aitb,  That  the  lord  Russell  could  not'bave  an 
hour  longer  allowed  him,  aUhough  he  desired 
hut  tiUme  next  day  ;  and  that  too  was,  be- 
cause he  could  not  ffet  the  subpoenas-  but  the 
night  before,  and  therefore  could  not  have 
his  witnesses  there  to  testify  for  him. 

«<  Thb  Examiuani  $bith.  He  does  not  re- 
member the  names  ofany  of  the  other  judges 
but  Serjeant  Pemberton. 

<*  And  he  further  saith,  That,  as  soon  as 
Jefferies  saw  this  examinant  to  speak  to  the 
lady  Russdl  in  Court,  he  caused  him  presently 
toM  turned  out  of  the  Court.*' 


The   EXAMINATION  of  Mr.    SAMUEL 
JOHNSON,  taken  the  20th  Nov.  1689. 

«Thia  Exammant  aaith,  That  be  had 
brought  the  hml  Rnssell's  sp^edi,  written 
with  his  own  hand,  who  oertoinly  knew  best 
what  per^ns  were  caoeemed  in  his  murder. 
And  saith.  It  was  fit  to  hear  his  own  dying 
words,  to  find  on  whom  he  laid  the  charge  « 
his  death,  though  he  had  the  Christian  dmrily 
to  forgive  them. 

"  Then  this  following  danse  was  read : 

'  I  pray  God,  this  is  not  laid  to  the  king's 
eluur^,  nor  to  the  counsel,  nor  judges,  nor 
shenfis,  nor  jury  ii  I  pray  God,  forgive  tbcna ; . 
and  for  the  witnesses,  I  pity  them,  and  wish 
them  well.  The  worid  is  but  like  a  do^- 
kennel ;  the  master  says,  *  hang  this,  whip 
<  the  other  and  feed  the  third.' ' 

"  This  was  before  he  died,  just  ahoot  the 
time-  of  the  struggle  about  sherifls ;  <  and,' 
said  he  further  *  irom  the  time  of  choosing 

<  aherifis,  I  concluded,  that  the  heat  of  that 

*  matter  would  produce  some  tbinr  of  this  kind.' 

"  This  Bxaminantsaitb.That  the  kyrd  Rossdl 
told  him,  before  any  of  the  Protestont  plot  was 
so  much  as  mentioned,.  *  he  was  very  aensihie 
*"  he  should  foil  a  sacrifice ;  and  that  aihitraiy 

*  government  could  not  be  set  up  in  Enginnd, 

*  without  wading  through  his  blood.' 

"  This  Exammant  saith.  That  he  was  told  by 
Mr.  Snow,  who  belonged  to  the  Lords  bouse, 

<  that  Mr.  Atterbury  the  messenger  had  watch- 

*  ed  iJiout  Montague  and  South'ton  Houaea 

*  for  some  considerable  time  before  the  lord 

*  Russell  was  imprisoned.' 

'*  This  Examinant  then  read  anotbCT  part  of 
the  lord  Russell's  speech,  which  was  this  (im- 
plying it  to  the  lord's  own  case), 

<  T%  kin  with  forms  and  subtleties  of  law,  is 

*  the  worst  of  murders.' 

«  This  Examinant  saith,  he  doth  not  remem- 
ber the  four  gentlemen  at  present  that  could  wit- 
ness against  Joeiah  Keeling ;  but  he  wilt  en- 
deavour to  find  them  out.  He  confesses  tfiaft 
he  can  say  no  more  that  is  evidence,  or  li&ea 
witoess." 


The  EXAMINATION  of  Mr.  NOKMAK- 
SELL,  <Mie  of  the  Secondaries  nf  thn 
Compter,  taken  the  SOth  of  TTir^mhrr 
1689. 

"  This  Examinant  saith,  That  M*.  Grahaai 
and  Burton,  who  followed  the  king'ahnsinesa 
in- general,  were  the  nrooecvtors  of  tlie  kxd 
RiMseH..  fir  Dudley  North  retumed  the  hny  ; 
and  he  received  dtrectiona  from  him,  and  haA 
the  panel  under  his  own  hand,  for  the  krd 
Russell's  trial. 

'« Thia  Examinant  aait|i.  That  nr  Dodky 
had  the  books  irom  him,  andfrom  his  brother 
secondary  ;  and'that  he  ehoos  the  jury  out  of 
several  wards,  andsent  the  naaMTaf  dutm  to 
this  examinant,  with  orders  to  summon  Iheik 

«'  This  Exunmant  saith,  That  when  l^^ao^ 


^»l  STATB  TRIALS^  S5  Cbablm  II.  i6S3.— >r  High  TWmmi. 


[9«( 


ratoni  ftn*  tiie  Old  Bailey,  they  do  it 
out  of  lerenl  wards ;  that  oa,  two,  three,  or 
mar. 

'<  And  this  E3camiiwat  ssitb,  That  Mr.  Bethel 
and  hts  partner  were  tiie  first  who  beguk  to  re- 
lorn  the  juries  themselyes  put  of  se?enl  wards ; 
that  Mr.  Shute  and  the  now  lord  mayor  did 
the  like  i  and  some  other  sheriffii,  upon  some 
special  oocaaioD^,  have  done  so  too. 

'*  As  to  Mr.  Cornish,  this  Bxaminant  saith, 
he  did  not  return  the  jury ;  but  sir  Benjamin 
Thoroujffbafood  did  (t  himself.  This  examinaat 
saith,  he  kdows  not  from  whence  he  had  the 
panel ;  nor  knows  he  any  thing  of  colonel  Sid- 
ney. 

«'  This  Examinant  saith,  That  the  Quo  War- 
nntos  were  brought  to  him,  sealed,  by  Burton 
or  Graham,  or  some  of  dieir  clerks ;  and  he 
rexuembers,  Mr.  Tiodale  wasone  of  their  derks. 

**  This  Examinant  saith.  That  he  knows  no 
thinff  of  the  regulatort,  nor  any  that  asserted 
the  kind's  dispensing  power,  save  the  jodffes. 

**  This  Examinant  saith,  He  doth  not  know 
that  sir  Dudley  North  packt  the  jury,  or  that 
any  one  was  with  him  when  he  returned  it.** 


The  EXAMINATION  of  Mr.  EDWARD 
TROTMAN,  One  of  the  Seoondariei  of 
the  Compter,  taken  the  20th  of  Novem- 
ber, 1689.  >• 

*  **  IjuM  Exammant  saith.  That  he  supposes 
tiiat  draham  and  Burton  were  the  prosecutors 
«f  tiic  lord  Russell  and  of  alderman  Cornish ; 
but  he  knows  nodiing  of  colon<^l  Sydney. 

*<  This  Examinant  saith.  That  sir  Dudley 
North  sent  for  the  secondaries  books,  and  re- 
tamed  the  lord  Rossell's  jury  himself;  but 
this  examinant  doth  not  know  that  he  had  a 
■ole  of  the  names,  or  did  it  at  the  instigation  of 
Anyone. 

**  This  Examinant  saith,  That  juries  have 
been  nurioosly  returned;  but  be  knows  not 
that  juries  were  returned  out  of  several  wards 
till  two  years  before  the  lord  RnsselPs  trial ; 
the  usual- way  was,  to  retnm  them  out  of  two, 
three,  or  (bur  wards. 

**Tlri8  Examii^ant  sAith,  He  knows  not 
upon  what  occasion  Mr.  Bethdl  returned  the 
jsries  out  of  several  wards ;  but  he  does  not  re- 
member that  any  one  suffered  in  Mr.  Bethell*s 
time. 

**  As  to  the  Quo  Warrantos,  this  Examinant 
sttth.  That  he  knows  nothing  of  them,  they 
were  carried  to  the  other  Compter ;  but  be 
Mppoees  that  Graham  and  Burton  were  the 
prosecutors  of  them. 

«« This  Examinant  saith,  That  he  knows  no- 
thing of  the  dispensing  power.** 


The  EXAMlNATIONofSir  PETER  RICH, 

taken  the  SISnd  of  November,  1089. 

•  c^This  Examinant  saith.  That  the  lord 
RwBell  was  the  only  person  sntfered  when  he 
svas  sheriff;  but  he  luiows  nothing  of  any  ad- 
or  proecatoft  in  the  lordRMMl^t  case. 


««This  Bzaminant  ttid^  That,  all  the  tuno 
of  his  shrievalty,  he  never  ompaodM  an^ 
jury,  or  signed  any  pand,  to  the  best  of  hif 
knowledge.  Bat  this  he  says  positively,  that 
he  never  saw  or  knew  of  the  panel  till  he  heard 
it  read  in  court. 

<«  This  Examinant  saith.  That  he  did  go 
alon^  with  the  lord  Russell  to  the  scaffold  ex 
cffietOj  as  he  was  sheriff;  and  the  other  sheriff 
was  there  also.  And  he  saiUi  fnrther.  They 
were  both  commanded  to  do  so. 

**  This  Examinant  saith,  That  he  would  not 
meddle  in  the  return  of  jurors ;  fbr^erewas 
such  a  load  discourse  of  packing  of  juries  the . 
year  before,  when  the  then  present  lord  mayor 
and  Mr.  Shute  were  sheriro,  that  he  was  re- 
solved he  would  not  return  any  juries  in  his 
year;  nor  did 'he;  nor  were  the  books  sent 
him  by  the  secondaries. 

**  lliis  Examinant  saith,  He  doesbelieve  that 
either  the  secondaries  or  sir  Dudley  North' did 
it;  for  he  had  not  the  hooks  of  the  several' 
wards  (out  of  which  they  name  juroni)  senthim. 

«  This  Examinant  further  saitb.  That  fhe 
usual  practice  of  the  returns  of  iurors  in  the  dtf 
of  London,  as  he  understands  it,  is  by  tho 
secondaries,  and  in  Middlesex  by  the  under*> 
sherifib ;  and  he  saith,  he  never  was  asked 
dunnff  his  whole  year  to  eimianel  a  jary . 

*'  This  Examinant  saith,  That  he  knows  not 
who  were  the  regulators  of  London ;  but  he  has 
heard  of  several  as  sir  Nicholas  Batler,  Mr« 
Charles  Duncumbe,  and  several  defks  of  com* 
panies;  and  that  Aaron  Smith  was  one  Of 
them. 

«« This  Examinant  saith.  That  sir  Francis 
Pemberton,  and  he  thinks  sir  Thomas  Jones, 
were  judges. 

*<  The  king's  counsel  were,  sir  Oeorge  Jef- 
feries,  sir  Biobert  Sawyer,  Mr.  Finch,  and  he 
thinks  Mr.  North,  snd  another  young  counsel ; 
sir  George  Treby  was  recorder. 

*'  Mr.  Graham  and  Mr.  Barton  were  prose<* 
cutors ;  but  they  were  never  with  him  about 
the  trial ;  nor  were  they,  as  he  Knows,  with 
the  other  sheriff,  or  brought  any  panel  to  the 
secondaries.** 


TheEXAMINATION  of  Colonel  GODFRET* 
taken  the  SSnd  of  November,  1689. 

<«This  Examinant  saith,  That^edoke  of 
Monmouth  shewed  him  a  paper  quickly  after, 
that  is  to  sav,  within  two  or  three  days  after  bo 
surrendered  himself,  which  paper  was  a  de- 
claration, or  seeming  oonfirmatioa  of  that  plot 
with  which  the  lord  Russell  and  oohmel  Sidney 
were  charged. 

*«  This  Examinant sailii«  HojOiinks  the-pancr 
was  signed  with  the  dake's  name  to  it ;  but 
the  paper  which  the  duke  of  Monmouth  got 
from  -the  king,  was  not  the  same  with  tlio 
other.  And  he  saith.  He  believes  be  did  not 
see  that  piqper;  but  the  duke  told  him,  after 
the  paper  had  bean  sent  to  the  cooncil,  'diathe 
*  had  signed  such  a  paper.* 

u  Thjs  Examinant  saith^  That  he  iiiide»- 


i 


$67}     STATE. TRIALS,  35  CflAUfiS  IL  l6BS^Tnal  cfJ^iimm^SUbuf,     I96« 


.stpod  by  kim  in  (he  gpoenl,  that  dMit  vaper 
was  a  confirmation  of  the  .plot  upon  whidi  the 
lord  Russell  and  colonel  Sydney  suffered. 

*'  This  Examinant  saith,  That  he  thinks  the 
duke  told  him>  '  that  Ihe  lord  Halifax  per- 
'  suaded  him  to  sign  that  paper ;  and  the  rea- 

*  80i:s  which  he  said  the  lord  Hali&x  used,  in 

*  persuading  him  to  it,  were,  that  he  might  keep 

*  at  courty  and  be  near  the  king;  or  else  he  must 

*  begone  from  thence.* 

/'This  £zaminant  saitb,  That  the  first 
Aigfat  the  duke  cam^  to  court,  he  went  to  visit 
him,  with  sir  James  Forbes ;  and  the  duke 
told  them>  *  how  kind  the  king  was  to  him, 

*  in  giving  him  his  pardon ;  and  that  he  be- 

*  lieved  he  owed  a  great  deal  of  it  to  the  lord 

*  Hali&z;'  and  several  times  he  heard  him 
say ;  <  that  tbe  lord  Halifax  had  been  kind  and 

*  serviceable  to  him." 

"  And  this  F.Ttminant  further  saith,  He 
never  heard  that  the  duke  owned  any  conspi- 
racy to  the  king  beibre  he  signed  the  paper ; 
indeed  the  duke  of  Monmouth  said,  '  tnat  the 
<  king  told  him,  he  must  submit  to  be  asked 

*  some  questions  in  public  concerning  the  plot ; 

*  and  that  he  must  submit  to  him,  and  not^fier 

*  to  contradict  him.*  *' 


The  EXAMINATION  of  ANTHONY  ROW, 

esq.  taken  the  S^^nd  of  November,  1689. 

«<  This  Examinant  saith.  That  the  duke  of 
Monmouth  sent  him  to  the  king  with  two  or 
three  letters,  whdm  he  found  very  angry  at 
the  duke  for  the  company  he  kept,  and  parti- 
cularly with  the  lord  Howard :  '  for,'  the  king 
said,  '  be  was  so  ill  a  man,  that  he  would  not 

*  hang  the  worst  dog  he  had,  upon  his  eri- 

*  dence.' 

<*  This  Examinant  saith.  He  heard  that  the 
duke  of  Monmouth  had  a  pa^  given  him  from 
the  king,  to  consider  of;  he  seemed  unwilling 
to  sign  the  naper ;  but  at  last  consented  to  do 
,it,  provided  ne  ought  not  be  asked  to  sign  any 
mer. 

'' This  Examinant  saith.  That  he  being  in 
the  bed-chamber  when  the  king  told  the  duke 
he  should  not,  he  does  not  know  whether  he 
■igned  it  or  not. 

' '  <'  But  this  Examinant  saith,  That  that  paper 
was  ^ven  to  the  king,  and  shewn  to  the 
council ;  but,  they  not  liking  it,  it  was  either 
burnt  or  toni,  <and  another  paper  was  dnwn, 

^<Alidthi&  Examinant  saitb.  That  about  that 
.time,  there  being  something  of  this  put  into 
the  Gazette,  he  acquainted  the  duke  with  it, 
who  was  so  much  cuspleased  at  the  news,  that 
be  bid  us  to  tell  every  body  we  met,  *•  that  it 
>  was  false/ 

<*  And  this  Examinant  saith.  That  he  domg 
f»  the  duke  had  ordered  him  in  a  coffee-house, 
that  night;  the  king  was  acquainted  with  it, 
and  sent  for  this  examinant  early  the  next 
morning,  and  reprimanded  him,  and  told  him, 

*  that  he  did  the  duke  of  Monmouth  more  hurt 

*  than  he  was  aware  of;'   and  likewise  com- 

jwmded  him  not  to  «ye»k  of  it  «oy  -oittre. 


"  ThisExMDiiiMitfi^,  That  tbe  doits  tflM 
him, '  he  was  resolved  not  to  aign  the  acpan4 
paper.' «  And  he  saith  likewise.  That  oiic  day 
allerwania,  about  noon,  when  he  with  Mr. 
Godfiney  and  Mr.  Barker  were  waidng  to  the 
outwara  room  at  his  lodgings  for  him,  tbe  ksd 
Hallilax  being  with  the  duke  and  docheaa  in 
her  room,  the  dnke  came  out  to  them  once  or 
twice,  and  at  last  told  them,  *  he  had  dose  it.' 

*' And  this  Eiambant  saidi.  That,  that  niglit 
wherein  he  had  signed  the  paper,  he  seemed 
angry  with  himsd';  *  fin*,  he  said,  it  might 
'  hurt  other  people ;  and  that  if  it  had  cen- 

*  cemed  none  but  himself,  he  had  not  cared  ; 

*  but  ho  would  not  rest  till  he  had  got  the 

*  paper  again;'  and  the  next  morning  the d^Lc 
told  bun,  *  he  had  got  it.' 

<«  This  Examinant  saiih.  That  the  daka 
told  them,  '  the  king  had  often  pressed  hini  to 
sign  it ;  but  when  he  did  sign  it,  he  know 
not  that  there  were  any  in^  the  room  hssidei 
the  duchess  and  the  lord  HaUifax.'  The  duke 
said,  *  he  was  often  with  the  king  ahom  the 

Eper;'  and  told  this  examinant^  'thattbo 
Bgsaid,  He  should  never  see  his  fi^e  moie, 
if  he  did  not  sign  Uie  paper ;  but,  if  he  wooldp 
he  should  ask  him  nothing  bat  what  he  woidd 
grant.' 

'<  This  Exhminant  nith,  That  Ae  dob 
told  him,  after  he  came  oat  of  tiie  dndiess's 
chamber,  <  that  the  lord  HaQifiuc  had  oftcr- 
'  persuaded  him,  and  made  him  do  it,  and  en- 
'  gaged  to  him  tliat  the  king  shMd  never  1st 
^  tne  paper  be  seen ;  and  told  him,  thia  was 

*  the  time  to  fm  the  king's  farour.'  Bat  1km 
examinant  saith,  it  being  so  long  ago,  he  oqIj 
declares  his  belief,  ^coording  to  the  bnt  cf  ba 
remembcance." 


The  EXAMINATION  of  Sir-BENJAm!l 
THOROUGHGOOO,  taken  the  2Snd  ef 
November,  1689. 

<'  This  Examinant  saith.  That  he  was  one 
of  the  sheriffii  of  London  at  the  time  when  Mr. 
Cornish  suffered ;  but  he  knows  nothing  of  )be 
lord  Russell,  or  of  any  thing  else  <^  the  order. 

<<  Thetwosscondaries  brM^ht  him  the  boohs, 
and  he  saw  them  return  the  jury;  and  he  be- 
lieves there  were  none  but  tlie  two  seoondanes 
and  their  clerk  at  his  own  boose,  and  he  bad 
no  names  brought  him. 

'<  This  Examinant  saith.  That  he  knows 
not  out  of  how  many  wards  the  jury  was  ie» 
turned;  but  he  thinks  they  weie  out  of  naeat 
of  them,  and  believes  it  to  be  tbe  custom  of  tbe 
city  to  return  juries  so^  and  he  thought  it  a 
piecpof  ju«dce  in  him  to  soe  the  jury  iairly  r^ 
turned,  the  gentleman  that  was  to  be  tried  bar* 
ing  been  one  of  his  late  predecessors. 

''  This  Examinant  saith,  That  the  jnry  were 
of  the  sofficientest  men  dt  the  city  of  Londoo, 
and  he  belietred  them  to  be  good  men ;  and  be 
saith,  he  believes  that  all  the  -men  who  senred 
on  that  jury  were  those  he  returned. 

(«  This  Examinant  saith,  That  be  letunsd 
tl^  jury  o«t  of  10  maoy.wifdiy  brawfo  hi 


969]  STATE  TRIALS*  SS^Chables  U.  iS^s.^f&r  IBgh  1\rmw. ,  [97^ 


sof^Med  tbe  Wril  did  4lirect  them  to  be  choflen 
om  of  the  body  of  the  city ;  aud  by  *  Miffi* 
'  he  meant  the  aMMt  and  honerteet 


«<  This  Ezaounant  aaith,  That  he  ne?er  was 
Arnke  to,  during  all  the  time  he  wae  sheriff, 
alout  the  retarnioc  a  juryy  directly  or  inrli- 
rectly,  neither  by  Barton  nor  Graham,  nor  by 
any  other  pereon ;  bqt,  as  the  seoondanes  read 
the  names,  he  ordered  them  to  put  them  down. 

«<  Thia  Esaminant  aaith,  That  he  knowa 
aothing  of  the  other  heads^  but  he  was  turned 
•Bt;  and  Mpsson,  a  papiat,  was  put  m  his 
room." 


The  EXAMINATION  of  PHIL.  PEREB, 
taken  the  S2d  of  Nov.  1689. 

«  This  Examinant  saith,  That  be  hath  been 
majt  years  clerk  to  Mr.  Trotman ;  hot  he  was 
ttot  by  at  the  return  ot  the  lord  Russell's  jury ; 
yet  saith,  he  made  a  copy  of  it,  and  that  was 
under  sir  Dudley  North's  hand ;  but  he  con- 
fesses he  did  not  see  him  sis^o  it,  though  he 
▼erily  believes  it  was  sir  Dudley  North^  own 

<*  As  to  Mr.  alderman  Comish*s  Jury,  this 
Bzaminant  saith,  That  he  was  with  his  master 
Trotman  at  sir  Benjamin  Thorowgood's  house ; 
and  he  behoves  that  the  other  secondary  was 
there,  also ;  and  they  had  the  books  of  b^  the 
Compters.  And  this  eiaininant  saith,  that  he 
writ  the  names  as  sir  Beajaaihi  Thorowgood 
directed  him ;  and  he  believes  the  jury  were 
sobotantial  men,  and  men  of  the  best  reputa- 


(i 


This  fixamiqant  further  saith  That  in  ju- 
ries in  common  cases,  the  pannels  used  to  be 
returned  out  of  two  or  three  wards ;  and  he  be- 
li^res  these  juries  to  be  impartially  returned. 
And  he  saith,  that  Graham  and  Burton  never 
brought  any  names  of  the  pannel,  nor  were 
tfaey  any  ways  concerned  in  it." 


The  EXAMINATION  of  Sir  DUDLEY 

NORTH,  taken  Nov.  25, 1689. 


might  be  the  more  substantial  men ;  and,  to 
the  best  of  his  remembrance,  he  saith,  thttt  air 
Peter  Rich  eonouired  in  this  jury. 

««  This  Enminant  saith,  That  if  sir  Peter 
had  opposed  it,  he  should  not  hare  done  it ;  and 
alap  saitb,  that  he  never  undovtood  that  a  iury 
was  to  be  returned  of  men  that  lived  all  t^ 
gether.  And  he  saith,  so  far  as  he  remem- 
bers, the  juries  before  were  letumed  by  the 
secondaries;  but,  this  bein^  a  very  ertraordi« 
nairy  business,  he  thought  it  requisite  to  take 
eare  of  it  himself. 

«<  This  Examinant  saith,  That  he  snpposes 
a  jury  might  have  been  returned  formerly  out 
ot  as  many  waids  as  this  was.  He  connsses^ 
he  had  no  ordera  nor  directious  from  any  nuns 
alive,  to  take  care  of  this  business ;  butne  ve* 
turned  this  jury  as*  he  thought  a  sufficionfc 
jliry ;  and  he  returned  it  without  frand  or  any 
sinister  end,  or  without  any  direetiope  fhmi 
any  man  or  woman. 

«  This  Examinant  saith.  That  be  was  a 
freeman  of  Lfondon ;  and  being  so,  the  lord 
mayor's  officers  came  to  him,  and  told  htm. 
*•  he  was  drunk  to,  as  sheriff  of  London.*  Af- 
terwards, he  saith,  he  was  sent  for  to  the  lord 
mayor  and  court  of  aldermen,  to  seal  a  beiii 
to  execute  the  place  of  sheriff.  This  nrawi 
nant  saith,  he  excused  it,  as  being  anq^nhfied  f 
but  he  was  told  by  them,  *  that  he  |BUit  asal 
*  a  bond  to  pay  l,000i.  or  else  take  upsD  Vm 
<the  office;'  which  he  did;  and  he  aMththal 
he  was  3,000/;  out  of  purse  by  it ;  and  whidh 
he  never  had  Sgain,  either  dnreetly  erindi« 
rectly. 

«« And  this  Examinant  saitb,  he  tlmks  be 
was  a  legal  sheriff;  and  he  was  not  prevailed 
with  nor  persuaded  by  any  others  to  take  apso' 
him  the  office. 

«'  This  Examinant  saith.  That  he  teek  m 

oare  of  what  opinion  the  jury  were,  hot  Unljf 

*  that  they  were  substantial  men ;  and  that  he 

I  eonsuhed  with  none  about  taldngthsphee  of 

sheriff,  but  the  hnnd  mayor  and  aidernen. 

«« This  Exammant  saith,  That,  he  knoweHl 
nothing  of  the  two  hMft  heads.*' 


CI 


£3BBittinant  saith,  Tliat  he  knows 
nothing'  of  the  prosecution,  or  of  any  thing 
that  rebrtes  to  it.  He  acknowledges  that  he 
•apannelled  the^imies  in  the  summer  session, 
which  was  the  tmie  wherein  the  lord  Russell 
^ras  tried  ;  at  other  times,  the  subordinate  offi- 
^cers  did  it 

.  •'  This  Examinant  sailh.  That  at  that  time 
ke  did  it  himself,  the  other  sheriff  nerer  em- 
pnonelled  a  jury  that  he  remembers ;  and  this 
jitfy  he  empanneled  of  his  own  accord,  and 
vimout  any  directions. 

«' And  this  Examinant  saith,  That,  to  the 
best  of  his  skill  and  knowledge,  he  returned 
the  best  jury  he  could,  without  observing  any 
ward ;  and  he  went  with  a  good  conscience 
«pon  his  oath,  and  returned  a  sufficient  and 
•ttbatantialiury. 

•  ««  This  Examinant  saith.  That  he  drew  this 
jsiff  owtofaereral  vvrdsi  becanse  that  they 


The  EXAMINATION  of  HENRY  dUSP. 

esq.  N  Common  Seijeant  of  the  City  of 
London,  taken  Nov.  95,  1689. 

'<  This  Examinant  saith,  TbathehathbeeQ 
about  11  years  common  seijeant;  and  that  the 
precept  to  return  iuries  (which  is  directed  to 
the  sheriffii  of  London)  is,  to  return  them  eot 
of  the  body  of  the  City  of  London;  indeed,!^ 
saith,  he  hath  known  juries  returned  not  of  wt 
wards,  and  never  out  of  fewer  than  four  j  but 
this  Examinant  saith,  he  doth  not  know  onte^ 
how  many  wards  the  lord  Rnssett't  jury  were 
returned. 

<<  This  Examinant  saith.  That  as  to  the  tw» 
last  heads,  he  knows  nothing  of  them ;  bvt 
confesses  that  he  was  in  court  at  part  of  the 
lord  Ruaseirs  trial.  He  saith,  that  sir  Franeia 
Pemberton  was  one  of  the  judges  there ;  and 
he  thinks  that  air  ThoflMS  /ones  wasanother^ 


971]      STATE  TRIALS/35  Charles  tL  1683.— IHs/  of  Algertum  StAuy,     [972 


And  he  sajB,  be  was  at  Mr.  Cern»h'8  trial  tiQ 
Skiepben)  came  in. 

'*  This  Examinaiit  saitb,  That  lie  remem- 
btrs,  the  lord  Russell'  desired  he  might  be 
heard  bj  oounsel,  and  that  they  migrht  bare 
time  to  oonsider  cif  it.  But  the  court  would 
hear  them  immediately; 

<<  This  ExainiDaiit  saiih,  That  he  doth  not 
Imow  any  thing  on  the  second  head ;  only  he 
bear^  it  was  done  at  Whitehall,  in  a  com- 
4nittee. 

<*  This  Exammant  saith,  That  Mr.  Chiffins 
sent  lor  him,  by  the  king^s  direction,  to  bis 
lod^ngs  in  Whitehall ;  where  he  found  his 
migesty  alon^  who  asked  him  some  questions 
conoenung  taldn^  off  the  penal  laws  and  test 

««  This  Exammant  saitb,  That  be  knows 
■othing  of  who  were  the  regulators  for  the 
city  m  London ;  but  the  late  lord  chancellor 
told  the  court  of  aldermen,  <  that  such  and 
'  such  were  to  be  turned  out.' 


The  EXAMINATiqN  of  jDr.  H.  CHAM- 
BEKLAINE,  taken  Not.  25,  1689. 

«<  This  Examinant  saith,  That  he  knows 
Dodiing  oonceming  the 'first  bead,  nor  who 
were  the  adTisers  of  bringing  Quo  Warrantos. 
But  he  eaith,  that,  meeting  acddentaily  the 
lord  Halbftz  in  the  gallerv  at  WhHehall,  diis 
cnminant  asked  his  lordship,  *  whether  he 

*  thought  the  aldemien  were  to  bhune,  who  did 
^ «  defend  the  city  charter  ?' 

•«  This  Examinant  satth,  That  be  belie?es 
bis  lordship  did  not  blame  them ;  but  he  said, 

*  the  king  must  or  will  hare  the  charter ;'  but 
he  saith,  he  rather  thinks  it  was,  <  the  king 

*  must  hare  the  charter.' 

««  This  Examinant  further  saith.  That  be 
bdievei  he  might  teU  4bis,  as  news,  to  the  duke 
ef  Monmouth,  the  lord  RivMell,  and  some 
others. 

\  >«  And  this  Examinant  saith,  That  it  was 
for  the  sake  of  or  John  Lawrence,  that  he 
ailced  the  lord  HalUto  that  question ;  and  he 
saith,  that  he  gave  sir  John  advice  to  be  cau- 
'  tious  in  what  be  did,  he  being  one  of  the 
oammit.ee  appointed  to  defend  the  city  charter. 

'*  This  Examinant  >aitb.  That  he  knows 
Nothing  concerning  the  third  head." 


The  EXAMINATION  of  JOSIAE  KEEL- 
ING, taken  Nor.  35,  1689. 

«<  This  Examinant  saith,  That  be  doth  not 
know  that  he  was  taxed  with  being  drunk  at  a 
itaffee  bouse  bv  any  gentlemen  a  little  befbre 
the  trial  ol  the  lord  Kusseil ;  but  saith,  perhaps 
it  miif bt  be  so :  nor  doth  this  Examinant  re- 
Hiember  that  he  said  to  any  one  that  he  was 
ininy  disorder;  but  he  saith,  he  had  some 
ttottbte  of  mind  upon  him  for  sometiiing  be 
had  done ;  but  utterly  dtmies  that  he  then  said 
any  such  thing. 

"  This  Examinant  also  saith,  That  be  did 
not  then  confess  be  was  to  meet  any  gentle- 
men at  the  ^Bii9  to  receive  instnictioos  how 


and  what  to  swear ;  and  this  examinant  denica 
that  he  told  the  earl  of  Lincoln « that  he  would 
^  never  confess  any  thing  against  a  nbblemas  i* 
but  be  saith,  that  he  told  his  lordship,  <  that  if 

*  ever  he  knew  any  thing  a^punst  the  govem- 
*ment,    he  would  certainly  discover  it;  but- 
'  an^^  thing  that  bad  passed  in  private  conver- 
'  sation^  he  wookl  never  discover.' 

**   This  Examinant  saitb.  That  RngrfKrid 
and  Goodeoough  having  told  him,  '  that  they 

*  had  a  design  to  take  off  the  king  at  the  Rye  ;* 
that  was  the  real -cause  of  hiatteubie  m  mmd.' 
But  he  denies  that  ever  he  said '  he  was  lo  le- 

*  ceive  instructions  to  swear.' 

«  This  Examinant  saith.  That  he  was  anb- 
p«enaed,  on  behalf  of  the  long,  at  the  lord 
Russell^s  trial,  oii  captain  Waloot's  account, 
and  others ;  and  that  he  gave  evidence  agaiaat 
the  captain.  And  he  doth  say,  that  he  was 
there  during  all  the  time  of  the  lord  Russell's 
trial ;  but  knows  nothing  of  anyinstrudioaB 
that  were  given  to  himself  or  othoa  against, 
tbe  lord  Russell ;  and  what  he  swore  agaiosl 
Walcot,  he  swore  voluntarily,  without  any 
body's  instructing  him. 

"  This  Exammant  ssith,  That,  after  he  had 
informed  against  Rumbold  and  Goode&oughy 
be  took  his  brother  (who  .was  a  smith)  to  the 
secretaries,  to  give  in  his  information  of  what 
he  had  heard,  because  sometimes  he  took  him 
along  with  him  vrhere  he  heard  these  people 
say  the  same  words  as  he  did. 

**  This  Examinant  saith,  He  doth  not  knew 
that  ever  he  Udd  his  brother  *  he  shouM  rsde 

*  in  a  coach  and  six  horses  if  he  would  swear.' 

**  This  Examinant  saith,  That  he  made  ap* 

Klicationstothe  lord  privy  ^#eal,  who  hdped 
im  to  his  place  in  the  victuaUing-«lfioe ;  and 
he  saitb,  he  thmks  also,  that  he  made  his  ap- 

Elications  to  the  duke  of  York,  in  which  place 
e  hath  continued  till  within  these  six  weeks  ; 
and  then' be  was  turned  out  by  the  lords  of  the 
treasury. 

«<  This  Examinant  saith,  That  he  hath  beeo 
at  the  Gun  tavern  in  Wapping  with  Ua 
cnstpmers ;  but  denies  that  ever  it  was  ^to  re* 
oeive  instructions  what  to  swear. 

"  And  for*  his  place,  this  Examinant  saitb. 
That  he  applied  himself  for  his  place  to  tbe 
lord  privy  seal,  upon  no  other  oonsioeration  than 
that  ne  was  a  gireat  pei^,  and  a  lord  of  tiie. 
privy  council ;  and  he  knew  him,  as  be  had  seen 
his  (ordship,  both  in  tbe  privy  council,  and  in 
that  which  sat  at  the  secretaries  ofllce :  And 
this  examinant  saith,  That  his  lordship  pro- 
mised to  speak  to  the  king  for  him ;  but  be 
doth  notknew  for  certain  whether  he  did  or  net, 
though  ^e  believes  be  did,  because  he  obtained 
his  place. 

«•  This  Examinant  saith.  That  he  went  to  tbm 
lord  Hallifax,  to  his  lordship's  house,  the  fint 
time  he  spoke  to  him ;  aiid  afterwards  he  re- 
minded bim  as  he  was  going  up  inu>  the  gal- 
lery at  Wbituhalt ;  and  aftdr  that,  he  heaiu  he 
was  put  into  a  place  in  the  victualling-office. 

*'  Tbaterema^,  this  Examinant  saith,  lie  re- 
tuxnedhiskwdshipbistbaiiks;  and  frooi  that. 


973] 


STATE  TRIAl;S,  35  Cif  ARMS  II.  l683.-/(fr  High  TVecimL  lS74k 


time  tD  this,  fae  hath  not  spoke  toi  his  Itfidshlp, 
nor  fae  to  him,  as  he  remembers. 

«<  This  Examinant  saith,  That  he  had  not  his 
emplojmeDt  till  after   the  lord  Rnssell  and 
ethera  were  ezeculed,  he  b^teres  not  till  the< 
1st  of  JanuaiT ;  he  confesses  that  ho  did  re- 
eeiTe  money  rrom  the  lring>,  as  subsistence. 

<<  This  ^xaminant  saith,  He  doth  not  know 
llie  gentleman  who  ffaye  him  the  note  upon 
Mr  Doncomb  the  bai&er,  for  500i. ;  bethinks 
there  was'one  Guv's  hand  to  it ;  but  he  saith, 
1m  reeeired  not  this  note  till  long  after  the 
trials  were  orer. 

**  This  Exaroinant'  saith,  That  his  miyesty 
told  him,  *  he  should  abo  have  100/.  a  year ;' 
hot  he  never  had  it,  nor  ever  sued  lor  it ;  he 
never  asked  the  king  ior  any  thing  J>ut  bis 
pordon ;  and  that  he  wanted,  as  beiog  privy  to 
the  desbp  of  killing  the  king  at  the  Rye. 

"  This  Ezaminant  saith,  That  Evans  the 
messenger  carried  him  to  the  king." 


The  EXAMINATION  of  Mr.  HENRY  COR- 
NISH, taken  the  35tb  November,  1689. 


*^  Hits  Examinant  saith,  That  he  can  say 
BOthing  concerning  the  lord  Rossell,  colonel 
SMney,  or  sir  Thomas  Armstrong ;  but 
saith,  that  his  father  was  kept  close  prisoner 
ftmn  the  time  of  his  commitment  to  the  day 
of  his  trial;  and  that  captain  Richardson 
wwild  not  admit  any  of  his  friends  to  come  to 
him. 

' «« And  this  Examinant  saith,  That  he  went 
to  NormanseQ,  the  secondary,  for  a  copy  of 
tfie  pand ;  and  that  either  he  or  his  clerk  told 
hjra,  '  that  Burton  and  Graham  had  got  it;' 
and  when  he  came  asain  in  the' evening  to 
them  lor  it,  one  of  them  told  him,  that  they 
bad  received  express  ofden  from  above,  not  to 
let  him  have  it^' 


The  EXAMINATION   of  Mr.   ROBERT 
YARD,  taken  Nov.  39,  1689. 

**  This  Examinant  saith.  That  the  adver- 
tiicment  concerhing  the  duke  of  Monmouth, 
vHudi  WM  pot  into  the  Gaaette,  about  the  time 
Im  hid  a  pardon,  was,  as  he  believes,  what 
waa  treatep  of  in  conncil  the  day  after  the  duke 
CHDein;  and  be  saith,  that,  to  the  best  of  his 
semembranoe,  it  was  the  grring  in  an  account 
of  what  pluned  between  the  king  and  the  duke 
■t  hii  coming  in. 

«« And  this  Examinant  livther  saith.  That  he 
■eictived  the  paper  either  from  tl^  lord  Sunder- 
land, or  sir  iJeoiine  Jenkins;  but  he  remembers 
Mol  partieukriy  f rom  whom  of  them;  lor  he 
mith,  tbuat  either  of  the  seeretaries  give  dicec- 
lions  as  to  the  matters  tfaat  are  to  be  put  into 
the  Gaaette. 


>» 


The    EXAMINATION    of    Mr.  JOHN 
PHELPS,  taken  Nov.  S9,  1689. 

<<  Thin  Eaminaot  saitb,  That  what  he  beaid 
KetlingjKy,  was  •t^aePleeoetaveni  in  Com- 


1 

hill,  where  Keehng  came  in  to  some  company 
with  whom  he  was ;  and  some  of  them  ea^. 
qOiring  into  the  reason  of  the  disorder  which 
he  seemed  to  be  in,  KeeKng  told' them,  *  That 

*  he  lay  under  a  very  great  temntatioo,  lor  hm 
'  had  codfeaderable  promrs  nlade  Iiim  of  money, 
'  and  a  place  worth  100/.  or  80/.  per  annum,  to 
/  do  something  lor  them.' 

«<  But  this  Examinant  saith.  That  Keelmg 
then  told  them,  *•  he  knew  nothing ;'  and  de<^ 
desired  the  company  to  testify,  '  that  he  was  ^ 

*  rery  villain,  if  he  swore  any  thing  against 

*  any  body.* 

'<  This  Examinant  saith.  He  thmks  that 
Keeling  said,  *'  he  was  to  go  to  the  Bull-head, 

*  in  Tower -street,  to  treat  with  great  pawns 

*  about  it ;'  this  was  a  week  bobre  tne  dis- 
covery of  the  plot. 

««  This  Examinant  saith.  That  KeeUng  did 
not  mention  who  the  great  men  were,  whom' 
he  was  to  meet. 

«<  But  this  Examinant  saith,  That  he  was 
ready,  at  the  lord  Rossell^s  trial,  to  have  wit- 
nessed against  Keeling;  and  he  would  have 
oome  in,  if  he  had  tieen  called ;  but  he  was 
only  desire^aniP  not  subpesnaed,  to  be  at  the 
lord  RusselPs  trial. 

'*  This  Exanunant  saith,  That  he  was  never 
asked  to  come  in  at  any  of  the  other  trials ;  and 
mdeed  he  durst  not  appear  at  the  other  triaUi. 

«<  This  Examinant  saith.  That  Mr.  Monri% 
Mr.  Hagar^  Mr.  Bates,  and  Mr.  Haly,  were 
present,  when  Keeling  talked  as  before  hatk 
oeen  declared. 

«<  This  Examinant  saith.  He  knew  not  that 
Keeling  was  a  witnem  agamst  captain  Waloot 
tiU  after  the  trial  waa  over ;  and  he  cannot  re* 
member  whether  he  knew  of  Walcot*s  trial 
before  he  was  tried  or  not ;  he  believes  he  was 
out  of  town  about  the  time  of  the  trial  of  Wlk^ 
cot,  as  he  often  uaed  to  be  for  his  heeHh; 
but  he  saith,  he  heard,  before  the  trial  of 
Waloot,  that  Keeling  Imd  made  a  discovery 
of  the  plot.' 


i> 


The   EX;aMINATION   of  Mr.  THOMAS 
MORRIS,  taken  Nov.  89,  1689. 

^  This  Examinant  saitht  That  he  had  no  an- 
tioe  of  captain  Walcot's  trial,  but  by  common, 
lame,  till  after  he  was  tried. 

«  And  this  Exanunant  saith,  That  he  never 
saw  Keeling  but  once  in  his  life,  and  that  waa 
at  the  Fleece  tavern  in  Comhill,  with  about 
half  a  doxen  persena  mora;  and  then  ba 
thought  he  hwked  melancholy,  as  if  he  had 
b^en  distnriied  or  disti  acted. 

«  This  Examinant  satth,  Hebalievea  thiA  ha 
was  knownto  several  of  the  company,  tboogk 
he  was  an  absolute  stranger  to-hmt. 

«*  This  Examinant  saidi.  Ho  doth  not  re- 
member that  any  qoestbnft  were  asked  Keeling' ; 
bathe  said  of  himsdi;-  <  Tbat  he  waa  sent  to 
^bythekirds  in  the  Tower;  and  two  or  three 

*  gentlemen,  who  came  firom  them,  told  him* 
'That  hki  party  had  disobliged  him,  and  now 

*  he  had  an  opportunity  to  revcage  bimeelC  e£ 


of  tile  company  asked  Keeliog^,   *  W  by ,  be 

*  troubled  them  with  thii  diaeoorae?'  aayin^, 
'  if  be  knew  any  thing  againat  the  |p>Fern- 

*  ment,  it  waa :  bia  dnty  to  diaoover  it :'  To 
which  ELeding)  io-replv,  told  them  this ;  *  Be- 

*  canae,  said  he,  if  1  should  be  |>revailed  on  by 

*  the   temptation  of  money  to  witness  any 

*  thing,  you  should  be  able  to  testify  sffaiost 

*  me,  that  I  had  declarad  I  ki^ew  nothing  m 

*  agitation  against  the  gorerament.* 

'« This  Examinant  aaitb,  That  Keeling  iM 
thia  to  the  aaid  company  two  or  three  dava  (to 
the  best  of  his  remembrance)  before  he  beard 
any  soch  thing  as  a  Presbyterian  plot  talked 
of. 

**  This  Exanunant  saith,  That  Keeling  told 
them,  *  it  were thegentlemen  that  came  from 

*  tbe  lords  in  the  'Hnter,  who  promised  him  a 

*  ffreat  reward  and  a  good  office ;  and  that  he 
^  nad  ra^  them  once,  and  thus  to  meet  them 

*  again  that  night  at  a  tavern  in  Tow^er-street.' 
He  doth  not  betieTe  that  Keeling  was  in  drink. 

•<  This  Examinant  aaith.  That  he  was  not  at 
captain  Walcot's  trial,  for  he  befierea  he  was 
then  in  the  country  atWimbleton:  He  be- 
lieyes  hO  aoqnainted  sir  William  Ponltney  with 
what  he  heard  Keeling  aay,  before  die  lord 
RuaaelPs  trial;  and  be  also  told  it  to  Mr. 
Stephens;  whereupon,  hewsa  snbpcMaed  to 
the  lord  RusaelPs  trial,  to  which  he  went ;  bat 
the  trial  waa  not  till  three  or  four  daya  alter  the 
time  that  he  was  directod  to  attend. 

*«  This  Examinant  aaith.  That «  seoend  snb- 
Mena  came  the  nirht  before  tfaetrial;  but  be, 
Mng  hota  home,  did  not  receive  it  till  after  the 
trial  was  ooer. 

**  And  this  Examimmt  sahh,  That  he  did  not 
know  that  Keeling  was  a  discoYcrer  of  the  plot 
till  after  the  triid  of  captain  Walcot ;  for  he 
WW  than  at  WimMeton,  and  it  was  sent  liim 
for  Diewa,  as  if  he  had  been  100  miles  off. 


975]     STATE  TBIALS»  35  Chailbs  II.  l6a5«-^3K«/  ^  ^^«fiMi  SAwsr,     [976 

*thein;  aa«lio»<halheopnldliotbeuiseiiaibie 
*theet  were  some  persons  who  designed 
*  agiiDSt  the  govemmeot ;  and,  if  he  woukl 
f  duooTer  them,  he  ^ould  hare  an  office ;'  but 
he  knows  nothing  of  the  valiteot  it 
«'  Thia  Examinant  satth,  That  hereupon,  one 


i> 


the    EXAMINATION    o7    Mr.    PETER 
HAGAR,  taken  the  S9th  of  November, 

iaa9. 

«« Thia  Bxandnant  aaitfa,  That  about  three  or 
ihar  days  before  that  Which  was  callsd  the 
PreHbvtenaa  pkpt  hroko  out,  Mr.  Keeling 
^eame  in  ooupany  where  he  was,  at  the  Fleece, 
in  Cor^hilt,  and  seemed  to  beTery  mveh  dis- 
ordered ;  and  toM  the  company,  « no  had  been 

*  with  some  persona  of  ^oality,  who  aaid,  to 

*  him,  he  had  now  an  opportunity  of  makang 
<  bolh  bimaelf  and  his  fomHy,  and  oflered  him 

*  too/,  pter  annon ;  and  aaid,  he  might  ride 
^  id  his  coach  andaix  horaes  to  Windsor.' 

««  This  Bxanainant  saith.  That  Keeling  told 
him,  *  he  was  to  aneet  some  penons  of  quality 
"« that  night,  ^  he  thnika  M  laid  >hildS|  wim 

« whom  ho  M  been  hifon..' 


Exaaainant  aaith;  H  was  in  order  (as 
he  understood  by  Keeling)  to  dtscover  a  phk ; 
and  he  told  them,  ■*  that  if  he  should  beoo  far 
'  prevailed  with  as  to  nwear,  Keehag  deiired 

*  us  to  bear  witnesa  against  him,  That  he  then 
*.  declared,  be  knew  nothing  wherewith  to 
'  charge  any  pesaon  living ;   and  if  he  did 

*  hereafter  give  evidence  against  any  person, 

*  he  himself  then  said,  he  waa  the  grealeal 
'  rogue  and  villain  in  the  world/ 

**  And  thereupon,  this  Examinant  anith,  One 
of  the  company  advised  him^  '  That  if  h« 

*  knew  any  thing  against  the  king'  or  govcnt- 

*  ment,  he  should  dedare  it ;  but,  if  ho  knew 

<  nothing,  he  had  not  best  to  go  to  them,  for  he 
'could  not  tell  under  what   tomptalioos  hs 

<  mi^t  fall.' 

''This  Examinant  saith.  That  Keehng  tsM 
them,    '  he  would  go,  because  be  hod  iif»* 

<  mised'them  in  the  moniog  to  meet  tDcm 

*  again  that  night.' 

"  This  Examinant  saith,  That,  wheo  he 
heard  of  the  lord  Russeirs  trial,  he  acqnaiDled 
the  lord  Russell's  servants  wtdi  what  be  faalh 
now  sworn;  and  he  attended  at  bia  lordship's 
trial,  but  Keeling  was  not  pvodooed  there  aa  a 
witness  ;  and  be  saith,  he  also  spoke  of  thb 
matter  to  othen,  but  neyer  to  any 
it 

'<  This  Examinant  saith,  He  thinks  he 
Keeling  "was  a.  witneas  a|  capj^  WalecM^ 
trial;  but  he  did  not  then  offer  himself  to  he  a 
witness,  because  of  the  difficulty  of  the  times. 

^  Moreover,  this  fixaaunaot  aaith*  IVre 
were  in  his  compaiiT,  at  the  Flseee,  Mr* 
Morriay  captain  PliJpa«  Mr.  Hornby*  Mr. 
Grange,  a  brewer  in  Westmioatar,  Mr.Halc^. 
and  Mr.  Bates,  when  Keeliog  was  there*" 


The    EXAMINATION  of  Mr.  ROBEftT 
BATES,  taken  the  29th  of  November, 

1689. 


cc 


»     •». 


This  Examinant  saiib,  That  ho  was  aft  the 
Fleece  tavern  in  Comhill,  with  Mr.  Monis, 
captain  Phdps,  and  others,  when  Keefing 
came  in,  like  a  man  in  a  maae  y  whereapao, 
one  asked  him,  *  What  was  the  mallsr  I* 
Keeling  answered,  ^  Howasofood  aome  nss- 
'  ney ;  he  could  have  a  place  worth  t90L  per 

*  annum,  to  mako  4  discovery,  or  to  ' 
'  some  people  of  a  plot  against  the 
<  ment.' 

'*  And  this  Examinant  saith, 
toldtbera,  « Thai  he  had  met  some  gentleiiieii* 
'  or  lords,  of  the  Tower,  and  was  to  meet  them 

*  again ;  but  he  know  nothing  in  the  worid.' 

•'  This  Examinant  saith.  That  one  of  the 
company  told  Keeling,  '  That  if  he  dU  kaow 
'  any  thmg  against  the  government,  ho  would 
'  do  well  to  discoYcr  it;  if  not,  he  would  da 

*  well  to  keep  out  of  such  temptation.' 

*'  Afterwords  this  Examinant  saith,  Keding 
broke  out  into  a  passion,  imd  said,  '  He  knew 
'  nolhing  at  all ;  and  desired  the  company,  if 
'he  should  make  any disoovery  hemmr^  ti> 
^  hsor  wimem  aaiinst  hnia.*' 


»rT) 


STATE  TKIALB;  95  C^Uktts  U  108^;«^  JS^  D-etfMR.  (97% 

ind  6tfMM»  wben  ili«y  vent  to  the  esEdbftng^; 
but  he  remembeii  not  fbnx  be  ireiin  Btryngmtf 
er  trouUe  of  miiid  dwie,  or  Uuit  he  li£  hii 
eomiHuiy,  «tlict  he  wee  toioeel  aaiy  perpeoe 
*  floneenuirg  the  dieeoreiy  at  a  plot,  or  thiM  fa* 


**TbH  Exmnntiit  with,  That,  eome  tiiM 
after,  he  saw  KeeUw  come  into  the  Ametefthmi 
ooflhe^hoiMe,  wkh  WflKaai  Rombold,  a  brenrer, 
ftfler  a  mere  wild  manaer  tl^m  before,  and  eaid 
idoud,  <  Gentlemen,  It  k  imotted,  that  1  haT* 
«  dieoofered  apfot  etfunet  the  duke  ef  Men- 
«  nootbi  the  bid  RiMMllf  and  others ;  hot  1 
•<  know  nothmg  of  it,  and  am  faMy  a«ensed;* 
ortethateifeet. 

*«Thia  Bnmiaant  astth,  That  he  nercr 
heard  Reeiinr  name  any  body  that  offered  him 
nBaney;  but  ne  heard  him  say,  ^thatbemiwht 

*  ride  in  a  eoaeh  and  sio:  horses  to  Windsor.' 

"  This  Ezaminantsaith,  That  he  believes  he 
told  this  to  90  people,  before  the  lord  Russell's 
iriat  And  he  nith.  ftirther.  That  Keefing 
med  1o  be  much  in  their  company  for  a  year 
before,  for  they  had  a  kind  of  a  club. 

««  Ovt  tUs  Bxaminaot  saith.  He  doth  not 
raaember  that  he  heai^  that  Keeling'  was  a 
witaess  agmst  Waleot )  hot  he  heard  he  was 

•  dieeofwer  of  the  plot;  but  he  dethnetre* 
member  the  time  when  he  heard  it.*' 


*  was  eirer  promised  a  jfroat,  or  any  employ- 

*  ment^  or  that  be  des&sd  them  to  bear  wit- 


The  EXAMINATION  of  Mr,  RICHARD 
HALEY,  t^ken  the  39th  of  November, 
1689. 

**  ThisExaminenteatth,  &at,  some  few  days 
-before  the  diBcorery  of  the  presbyterian  plot, 

Keelbig  eame  into  the  Pleeee  tavern  in  Com- 
•  kill,  into  the  room  where  he  was  with  other 

oeuipaiy.  -  Keeling  was  seemingly  eonfnsed ; 

and  said,  *  he  had  a  great  offer  niade  him,  or 

'  190/.  per  annum,  to  be  a  discoverer  of  a  plot ; 

*  htk  he  khew  of  no  plot ;  and  desired  the  oom- 

*  pany,  if  ever  they  heard  he  should  discover 

*  any  plot,  or  be  a  witness  against  any  one,  to' 
'bear  witness  against  him,  for  he  knew  of 
'  none.' 

'*  And  this  Examinant  saith,  That,  Keeling 
told  them,  *■  that  he  came  from  some  great  per« 

*  sons }  and  he  was  to  go  to  them  again,  to  ^he^ 

*  Tower,  or  the  Bull  Head  tavern  near  the 
^  Tower,  that  night.' 

**  And  further  this  Examinant  sttth,  That  he 
^  delh  MCnemember  that  he  spake  of  this  to  any 
•ne;  foi^  times  came  on  to  nst,  and  proved  so 
dangmus,  that  he  was  afraid  to  speak  of  it. 

^  This  Examinent  saith,  he  was  at  the  trial 
of  the  lord  Russell.    But  foitfaer  saith  not.'' 


The   EXAMINATION   of    Mr.   JO^AH 

idOORE,  taken  the  29th  of  November, 
1689. 

a  This  Examinant  saith,  That  he  knows  no- 
thing conoeming  Keeling,  nor  of  any  of  the 
headi  mentioned  in  the  order." 


The  EXAMINATION  of  Mr.  JOSIAH 
KEELING,  taken  the  29tii  of  November, 
1689. 

«»This  Examinant  saith,That  the  Fleece  ta- 
vern in  ComhiH  was  constantly  his  tarem  ;  as 
alio  Mr.  OiMige's,  Mr.  Morris's,.  Mr.  Haley's, 


*  ness  agaanst  him,  if  he  pretended  t9mf  any 
<  thing  of  any  plot;  or  that  he  knew  notlmig 

*  of  one.' 

<«  This  Examinant  saith,  That,  after  he  dkl 
disoovcr  the  plot,  he  was  in  danger  of  hhi  life, 
from  three  of  these  men. 

«•  This  Examinant  saithi  He  was  sub^naed 
as  a  witness  against  Vf  alcot ;  and  he  heatd  the 
trial  of  the  Utd  Russell,  Ndiig  carried  thither 
by  e  messenger,  in  whose  oostody  he  Wtts  flir 
three  roonths.  ' 

«<  This  Examinant  aaith,  That  he  had  not » 
pardon  tin  two  or  three  months  after  Walooi^i 
and  Hone's  trials ;  and  he  believes  he  had  net 
the  money  from  the  king,  till  after  be  had  hie 
pardon ;  but  he  lived  at  his  own  chafge  hi  ihn 
measenger^s  Imnds. 

'<  He  further  saitb.  That  he  was  examined 
before  the  hird  keeper  North  and  Mr.  Sea^ 
tary  Jenkins,  the  eu\  of  Rochester  and  the 
lord  Oodblpbia  being  prssent;  ahd  he^wss 
likewise  examined  by  Secrettry  lenkini  adone, 
before  he  went  to  the  king.      ^ 

^  This  Examinant  saith.  That  he  knew  no* 
thing  against  the  lord  Russell,  but  upon  hear* 
say  nnm  Goodeoough.*' 


The  EXAMINATION  of  Mr.  WILtlAM 
MAN,  takea  the  S9tb  of  November,  1689. 

"  Hits  Examinant  saith.  That  he  knows  no* 
thing  concerning  any  .thing  mentioned  in  the 
order." 


The  EXAMINATION  of  Mr.  JOHN  KEEL- 
IN6,  taken  the  4th  of  December,  1689. 

<*  This  Examimmt  saith.  He  knows  noting; 
concerning  three  heads  jnentioned  in  the  order. 
He  saith,  That  he  never  discoufHed  vnth  hia 
brother  about  any  thing  of  the  plot,  befijre  the 
13(h  of  June,  1683,  the  day  of  its  discovery. 

«  This  Examinant  saith,  That  on  that]  day, 
his  brother  called  upon  him,  abont  nine  or  ten 
of  the  clodc  m  the  morning,  and  took  him  along 
with  him  to  a  neighbonr's  to  drink;  from 
thence  to  a  coflhe-hnuse^  where  his  brother 
discoursed  with  one  Hone,  about  gooee  quills 
and  swans  quills,  the  blackbird  and  gehmnd^ 
which  he  nnderatood  nothing  of;  and  ftmn 
thence  vre  went  to  the  Dolphin  tavern,  whe(^ 
they  met  with  Geodenougn  and  others ;  theHB 
they  talked  of  takins^  off  the  blackbird  and  gold- 
finch, meaning  the  king  and  dnke  iif  Yerfc. 

«« This  Examinant  saith,  There  was  a  lift 
read,  of  dividing  the  city  between  his  brochet 
Joeiah  and  Goodenough.  After  they  parted, 
this  examroant  told  his  brother, '  he  nnderatood 
<  not  thai  gibberisb,  and^therefore  would  not  b» 

3R 


SfrsH     STATE  TRIALS*  35  Chailbs  II.  l6^S^Hrka^  Atg^nm  SBAuff    [^9 


*  timn ;  wdM^  iimi  l^conkl  not  he  infeMMe 
*thei«   ware   lome  persoiui   who   dengoed 

*  atfttDit  tbe  governmeot ;  and,  if  lie  woukl 
^dnoovertheiDf  he  ibeuldha?e an  office;'  bat 
ke  knewi  notfaing  of  tbe  value  of  it. 

«<  This  BxaminaDt  nitb,  That  bereapon,  one 
of  the  compaoy  asked  Keeling,   *  Why, be 

<  troubled  them  with  this  diseoorse?'  saying, 

*  if  he  knew  any  thing  against  the  jpyrern- 

*  ment,  it  was  >  bis  duty  to  discover  it :'  To 
which  Keeliog,  io-replv,  told  them  this  -,  '  Be- 

*  caose,  said  he,  if  1  should  be  |>revailed  on  by 

*  the  temptation  of  money  to  witness  aoy 

*  thing,  you  shoold  be  able  to  testify  a^ifatDSt 

<  ne,  that  I  had  declarad  I  ki^ew  nothiog  m 
'  agitation  against  the  govemmeot.* 

<«  This  Exammant  saith.  That  Keeliog  told 
this  to  the  said  company  two  or  three  davs  (to 
the  best  of  his  renwmbrance)  before  he  beard 
any  such  thing  as  a  Presbyterian  plot  talked 
of. 

**  This  Examinant  saith,  That  Keeling  told 
them,  <  it  were theflentlemen  that  came  from 

*  tbe  lords  in  the  IVrwer,  who  promised  him  a 

*  great  reward  and  a  good  office ;  and  that  he 
^  nad  ra^  them  once,  and  iHub  to  meet  them 

*  again  that  niffht  at  a  tavern  in  Tower-street.' 
He  doth  not  believe  that  Keeling  was  in  drink. 

•<  This  Ezansinant  saith.  That  he  was  not  at 
captain  Walcot's  trial,  for  he  believes  be  was 
then  in  the  country  at  Wimblehw :  He  be- 
lieves he  acqwanted  sir  William  Ponltney  with 
what  he  heard  Keelmg  say,  befbre  the  lord 
Russell's  trial;  and  be  also  told  it  to  Mr. 
SlapheDs;  whereupon,  he  was  sufapomaed  to 
the  lord  RosaelPs  trial,  to  which  he  went ;  bnt 
the  trial  was  not  till  three  or  fonr  days  alter  the 
time  that  he  was  directed  to  attend. 

**  This  Examinant  saith,  That «  seoend  sub- 
psena  came  the  nirht  before  die  trial;  but  he, 
Mng  firom  home,  did  not  receive  it  till  after  the 
^rial  was  ever. 

««  And  thisEzamimmt  sahh,  That  he  did  not 
know  that  Keeling  was  a  discoverer  of  the  plot 
till  alter  the  triid  of  captain  Walcot ;  for  he 
was  than  at  Wimbleton,  and  it  was  sent  him 
for  newt,  as  if  he  bad  been  100  miles  off." 


the  EXAMINATION  oT  Mr.  PETER 
BAGAR,  taken  the  S9th  of  November, 
16g9. 

«  This  RmmiT»tM  aaith.  That  aboot  three  or 
ibur  days  before  that  wfaieh  was  called  the 
PreHbytenaa  plot  bralm  out,  Mr.  Keeling 
^si^oe  m  oompany  where  he  was,  at  the  Fleece, 
in  Cor^hill,  and  seemed  to  be  very  much  dis- 
ordered ;  and  toM  the  company,  *  no  had  been 

*  vrHh  some  persona  of  ^oality,  vrbo  said,  to 

*  him,  he  bad  now  an  opportunity  of  making 

<  both  himself  and  his  lamtly,  and  offered  him 

*  tool,  per  annum ;  and  said,  he  might  ride 
« id  his  coach  andaix  horses  to  Windsor.' 

««  This  Bxaminant  saith.  That  Keeling  told 
Mm,  *  he  was  to  meet  some  penons  of  ^oalihr 

<  that  night,  ^  he  thnikB  M  said  Joidei  wim 
« wtan  M  hid  beea  b«fbn.f 


»  - 


^  Thie  Exaaunant  aaith;  It  was  in  order  (as 
he  understood  by  KeeliDg)  to  discover  a  plot ; 
and  he  told  them,  ^  that  it  he  shoold  be  eo  fiur 

*  prevailed  with  as  to  awear,  Keeliog  desired 
'  us  to  bear  witness  against  bim.  That  be  then 
^  declared,   he  knew  nothing  wherewith  to 

*  charge  any  pesson  living ;   and  if  he  did 

*  faerevter  give  evidence  against  any  person, 
*he  hinoself  then  said,  he  wis  the  greatest 

*  rogue  and  villain  in  the  world/ 

**  And  thereupon,  this  Examinant  snitb,  dne 
of  tbe  company  advised  him^  ^  That  if  he 
*■  knew  any  thing  against  the  king  or  gwwit- 

<  ment,  he  should  declare  it ;  but,  if  1m  knew 

*  nothing,  he  bad  not  best  to  go  to  them,  lor  he 

*  could  not  tdl  under  what   temptations  hs 

<  might  fall.' 

«« This  Examinant  saith,  That  Keelintf  tsM 
them,   '  he  would  go,  becanae  he  had  «<»* 

<  mised'tliem  in  the  moning  to  meet  tncm 

*  again  that  night.' 

"  This  Examinant  saith.  That,  when  he 
heard  of  the  lord  Russell's  trial,  he  acniainled 
the  lord  Russell's  servants  wtdi  what  be  bath 
now  sworn;  and  he  attended  at  hia  lordship's 
trial,  but  Keeling  was  not  pvodnoed  there  as  a 
witness  ;  and  he  saith,  he  also  speke  of  this 
matter  to  others,  but  never  to  aoy  aaagiairala  of 
it 

<«  This  Examinant  saith.  He  Jlhinks  he  knew 
Keeling  "was  a.  witness  at  captain.  Waloat^ 
trial;  but  he  did  not  then  oifer  bimaelf  to  he  a 
witness,  because  of  tbe  difficulty  of  the  tiaea. 

<«  Moreover,  this  Examinant  saith,  tWra 
were  in  his  company,  at  the  Fleece,  Mr» 
MorriBy  captain  PhJps,  Mr.  Hofsby*  Mr« 
Grange,  a  brewer  in  Weatmiwstm  Mr.Hale^, 
and  Mr.  Bales,  when  Keeling  was  there." 


The    EXAMINATION  of  Mr.  ROBERT 
BATES,  taken  the  29th  of  November, 


c« 


This  Examinant  saiib,  That  he  was  at  ^ 
Fleece  tavern  in  Gomhill,  vrith  Mr.  Monis, 
captain  Phdps,  and  others,  when  Kectiiy 
came  in,  like  a  man  in  a  maxe  y  vrfaereapeo^ 
one  aslced  him,  *  What  was  the  maHer  ?* 
Keeling  answered,  ^  Hewasoffored  aome  nse- 
'  ney ;  be  could  have  a  place  worth  ISOil  per 

*  annum,  to  make  a  discovery,  or  to  im] 

*  some  people  of  a  plot  against  the 
*ment.' 

*'  And  this  Examinant  saith, 
told  them,  •  That  he  had  met  aome  geptltMcn, 

*  or  lords,  of  the  Tbwer,  and  was  to  meet  tkssn 

*  again ;  but  he  knew  nothingin  the  worid.' 

«« This  Examinant  saith.  That  one  of  Ae 
company  told  Keeling,  « That  if  hedid  km&w 

*  any  thmg  agahist  the  goyenunent,  he  would 

*  do  well  to  discover  it;  if  not,  he  wouU  ^ 
<  well  to  keep  out  of  such  temptation.' 

"  Afterwards  this  Examinant  saith,  Keding 
broke  out  into  a  passion,  and  said,  *  He  knew 
'  nothing  at  all ;  and  desired  the  company,  if 
he  sh<Mild  make  any  discovery  hcraaAer^  ti> 
aninst  himiL^ 


97T}  STATE  TUAIJS^  55  CsLAktMB  IL  l^i^^JStgk  TV^ «tfn. 


tl>7« 


« Thk  Fgtuimtit  mkbi  Tbat,  Mmie  iime 
afUr,  he  saw  Kedinff  come  into  the  Amittffdam 
ooffee^hoiMe,  wkh  wQliaoi  Rwnbokly  a  br#«r6r, 
after  a  mere  wild  manaer  tl^m  before,  and  iai4 
aioiid,  <  GeotlemeBi  It  k  n»otted,  that  1  hare 
«  ditcoirerei  a  otot  Mmit  IM  duke  ef  Meii- 
«  nootbi  the  ierd  RimmII,  and  others ;  hm  1 

*  know  nolhing  of  it,  and  am  falsely  aeeofled;* 
ortetlMteflM. 

««Thia  Bnmiaaal  saith,  That  he  never 
heard  ReeUnr  name  any  body  that  effered  him 
nBODsyf  but  he  heard  him  say,  'thatbemiwht 

*  ride  b  a  eoaflh  and  ste  horses  to  Wmdsor/ 

<*  This  Examinant  saith.  That  he  believes  he 
Md  thie  to  90  people,  before  the  kird  Russell's 
triaL  And  he  saith .  fturthery  That  Keefing 
used  1o  be  much  in  their  company  for  a  year 
before,  for  they  had  a  kind  of  a  club. 

«« Out  this  Smminant  saith,  He  deth  not 
ffmember  that  he  heai^  that  KeeHng*  was  a 
witMss  agsmt  Waleot )  bat  he  heard  he  was 

*  dieeoreiBi  of  the  plot ;  but  he  dsth  net  re* 
member  the  time  when  he  heard  it*' 


ind  64Mn,  when  they  went  m  the  e^priiang^; 
but  he  remember^  nol  that  he  was  in  any  agtwt 
er  trouble  of  miiid  there,  or  that  he  told  his 
ponpany,  «that  he  Was  tomeet  amy  persona 
*  flonsemhig  the  diseovery  o(  a  plot,  or  that  fa* 


The  EXAMINATION  of  Mr,  RICHARD 
HALEY,  t^ken  the  39th  of  November, 
1689. 


**  ThisExamuiant^tb,  that,  some  few  days 
•before  the  discorery  of  ^e  presbytftian  plot, 
Xeelbig'  eame  into  the  Fleece  tavern  in  Corn- 
kill,  into  Ae  room  where  he  was  with  other 
oeujpaiy.  •  Keeling  was  seemingly  confused ; 
and  said,  *  he  had  a  great  offer  niade  him,  er 
'  190/»  per  annum,  to  be  a  discoTerer  of  a  pl6t ; 
^  bdl  he  khew  of  no  plot ;  and  de^ured  the  oom- 

*  pany,  if  ever  tbey  heard  he  should  disoorer 

*  any  plot,  or  be  a  witness  against  any  one,  to' 
'bear  witness  against  him,  for  he  knew  of 
'  none.' 

**  And  this  Examinant  saith,  That.  Keeling 
told  them,  ^  that  he  came  from  some  great  per- 

*  sons }  and  he  was  to  go  to  them  again,  to  U^e^ 

*  Tower,  or  die  Bull  Head  tavern  near  the 
«  Tower,  that  night' 

*•  And  further  this  Examinant  saith,  That  he 
delh  Mti«member  that  he  snake  of  this  to  any 
•m;  for  tinieB  came  on  to  laat,  and  pioved  so 
dangsreui,  that  he  was  afraid  to  speak  of  it 

4<  Thk  Ecaainant  saith,  he  was  at  the  trial 
of  the  lord  Russell.    But  fnrdier  saith  not" 


The  EXAMINATION  of  Mr.  JO^AH 
MOORE,  taken  the  29th  of  November, 
1689. 


uTUs 


That  he  knows  no* 


thing  coneemiitf  Keeling,  nor  of  any  of  the 
beads  mentionea  in  the  order." 


The  EXAMINATION  of  Mr.  JOSIAH 
KEELING,  taken  the  29tfa  of  November, 
1689. 

•^'Thfs  Xtsttinant  saitb,Tbat  the  Fleece  ta- 
Tsvn  in  ComhiH  was  constantly  his  tavern  ;  as 
alio  Mr.  OiMige's,  Mr.  Merris's^Mr.  Haley's, 


*  was  ever  pvomised  a  sfroat,  or  any  employ* 
« ment)  or  that  be  desned  them  to  bear  wit- 

*  ness  agaanst  him,  if  he  pretended  to^i^  any 
'thingof  any  plot;  erthat  he  kaisw  notMng 

*  of  one.' 

«<  This  Examinant  saith,  That,  after  he  M 
discover  the  plot,  he  wis  in  danger  of  his  life, 
from  thrse  of  these  men. 

«*  This  Enmbant  saithi  He  was  sab^nael 
as  a  witness  against  Vf  alcot ;  and  he  heanl  the 
trial  ofthelei4  Russell,  behig  carried  thither 

a«  mesBCBgcr,  in  whose  custody  he  WM  for 
ree  months.  ' 

i<  This  Examinant  saith.  That  he  had  not » 
pardon  till  iwo  or  three  months  after  WalcoiN 
and  Hone's  trials ;  and  he  believes  be  had  net 
the  money  from  the  king,  till  after  be  had  hift 
pardon ;  but  he  lived  at  his  own  charge  in  the 
messenger's  hands. 

«<  He  fur^er  saitb.  That  he  was  examined 
befcre  the  lord  keeper  North  and  Mr.  Seci^ 
tary  Jenluns,  the  earl  of  Rochester  and  the 
lord  Oodblphm  being  present;  abd  he^ww 
likewise  examined  by  Secretary  lenkins  adona^ 
before  he  went  to  the  kinff.      ^ 

<*  Thsi  Examinant  saith.  That  he  knew  no* 
thing  against  the  lord  Russdi,  but  upon  hear*  , 
say  mm  Goodenough." 


The  EXAMINATION  of  Mr.  WILtlAM 
MAN,  takea  the  S9tb  of  November,  1689. 

"  Hits  Examinant  saith.  That  he  knows  no^ 
thing  concerning  any  .thing  mentioned  in  thf 
order." 


The  EXAMINATION  of  Mr.  JOHN  KEEL- 
IN6,  taken  the  4th  of  December,  1689. 

«  This  Examimmt  saith,  He  knows  nothing; 
concerning  three  heads  mentioned  in  the  order. 
He  suth,  Hiat  he  never  disoounied  with  hia 
brother  about  any  thing  of  the  plot,  befiSre  the 
13th  of  June,  1683,  the  day  of  its  discovery. 

"  This  Examinant  saith,  That  on  that]  day, 
his  brother  called  npon  him,  aboot  nine  or  ten 
of  the  clodi  m  thb  morning,  and  took  him  along 
with  him  to  a  neighboimr's  to  drink;  fcom 
thence  to  a  coflbe-house,  vrhere  his  brother 
discoursed  with  one  Hone,  about  gooee  quills 
and  swans  quills,  the  blackbird  and  gehmncl^ 
which  he  nnderatood  nothing  of;  and  fttmi 
thence  we  went  to  the  Dolphin  tavern,  whe(^ 
they  met  with  Goodenengh  and  ethers;  thero 
they  talked  of  takins^  off  the  blackbird  and  gold- 
finch, meaning  the  king  and  duke  iif  York. 

«<  This  Examinant  saith.  There  was  a  H^ 
read,  of  dividing  the  city  between  his  brother 
Josiah  and  Goodenoujgh.  After  they  parted, 
this  exammant  totd  his  biother,  *  he  understood 
*  not  that  gibberiirti,  and' thsirefore  would  not  b» 

3R 


575]     STATE  TBIALS»  35  Cuawlu  U.  l6^'^Hrkl  ^  Algvrwm  SUugt     [979 

*tlmn;  asalMiylliallMomkliiocleiiifeMiile 
«thei«   ware    lome  jmrsoiui  who   dengoed 

*  mfma/L  ths  gorernmeot ;  and,  if  he  wouM 

*  discover  them,  he  sheuld  ha?e  an  office  'y  hut 
he  knowi  nothing  of  the  valueot  it. 

«<  This  Bxamioant  laith,  That  hereopOD,  one 
of  the  company  asked  Keeling,  *  Why .  he 
« troubled  them  with  thia  discoorse?*  sayhig, 

*  if  he  knew  any  thing  againat  the  |p>vern- 

*  menty  it  was '  bis  duty  to  disooTer  it :'  To 
which  KediDg)  io-replv,  told  them  this ;  *•  Be-. 

*  cause,  said  he,  if  I  should  be  prevailed  on  by 
*•  the  temptation  of  money  to  witness  any 
« thing,  you  shooUl  be  able  to  testify  against 

*  me,  that  I  had  declarad  I  ki^ew  iMithing  in 

*  agitation  against  the  goreniment.* 

«'  This  Ezammant  saith,  That  Keeling  told 
this  to  the  said  company  two  or  three  da  vs  (to 
the  best  of  his  remembrance)  before  he  heard 
any  sach  thing  as  a  Presbyterian  plot  talked 
of. 

^  This  Examinant  saith,  That  Keeling  told 
them,  *•  it  were  thegentlemen  that  came  from 

*  tlie  lords  in  the  'nnter,  who  promised  him  a 

*  great  reward  and  a  good  office ;  vbA  that  he 
«  nad  ra^  them  once,  and  iHub  to  meet  them 

*  again  that  night  at  a  tavern  in  Tower^street.' 
He  doth  not  believe  that  Keeling  was  in  drink. 

•<  This  Examinant  saith,  That  he  was  not  at 
captain  Walcot's  trial,  for  he  believes  he  was 
then  in  the  country  atWimbleton:  He  be- 
lieves h^  aoqnainted  sir  William  Ponltoey  with 
what  he  heard  Kcelbg  say,  brihre  die  lord 
RusselPs  trial;  and  he  also  told  it  to  Mr. 
Stephens;  whereupon,  he  was  snhpomaed  to 
the  lord  RnsselPs  trial,  to  which  he  went ;  but 
the  trial  was  not  till  three  or  four  days  alter  the 
'  time  that  he  was  directed  to  attond. 

**  This  Eacaminant  saith,  That  a  second  snb* 
MBna  came  the  night  before  tfaetiial;  but  he, 
Mng  from  home,  did  not  receive  it  till  after  the 
%rial  was  oiver. 

<'  And  this  Examinant  sahh,  That  he  did  not 
know  that  Keeling  was  a  discoverer  of  the  plot 
till  alter  Uie  triM  of  captain  Walcot ;  for  he 
was  then  at  YTimbleton,  and  it  was  sent  him 
for  news,  as  if  he  had  been  100  miles  off." 


the    EXAMINATION    oT    Mr.    PETER 
HAGAR,  taken  the  S9th  of  November, 

iaa9. 

<*  This  Bnmmant  aailhy  Thataboot  three  or 
<fb«r  days  before  that  which  was  called  the 
Presbyleritii  plot  hralm  out,  Mr.  Keeling 
^si^oe  m  ooupany  where  he  was,  at  the  Fleece, 
in  Coinihill,  and  secaied  to  be  very  mneh  dis- 
ordered ;  and  toM  the  eompiny,  <  no  had  been 

*  with  aoime  persons  of  ^nality,  vrho  said,  to 

*  him,  he  had  now  an  opportunity  of  making 

<  both  himself  and  his  lamily,  and  oflered  him 

*  too/,  pier  annum ;  and  said,  he  might  ride 

<  iii  his  coach  andaix  horses  to  Windsor.' 

M  This  Examinant  saith.  That  Keeling  told 
Mm,  *  he  was  to  meet  some  penons  of  quality 
^  that  niffht,  and  he  thmks  h«  said  iotda,  with 
« whom  Ik  hid  heea  hifon..' 


^  This  Sxanudant  saith;  H  was  in  order  (as 
he  understood  by  Keeling)  to  discover  a  plot ; 
and  he  told  them,  *thatif  he  should  be  ao  iar 
'  prevailed  with  as  to  awear.  Keeling  desired 

*  us  to  bear  witness  against  him.  That  he  then 

*  declared,   be  knew  nothing  wherewith  to 
*■  charge  anjr  pesson  living ;    and  if  he  did 

*  hereafter  give  evidence  against  any  person, 

*  he  himself  then  said,  he  wis  the  greatosl 

*  rogue  and  villain  in  the  world/ 

'*  And  thereupon,  this  Examinant  snith.  One 
of  the  company  advised  hinif  ^  That  if  he 
'  knew  Any  thing  against  the  long  or  gnvein" 

*  ment,  he  should  declare  it ;  bat,  if  m  knew 
'  nothing,  he  had  not  best  to  go  to  them,  4vt  he 

*  could  not  tdl  under  what   temptatiiNia  hs 
« might  fall.' 

«*  This  Examinant  saith.  That  KeeW  tsM 
them,   '  he  would  go,  because  he  had  «<»* 

*  mised'tliem  in  the  moniing  to  meet  them 

*  again  that  night.' 

"This  Examinant  saith.  That,  when  he 
heard  of  the  lord  RusseU's  trial,  he  acaoninlad 
the  lord  Russell's  servants  widi  what  be  bath 
now  sworn;  and  he  attended  at  his  lordshi|i'8 
trial,  hut  Keeling  was  not  pvodnoed  thsre  aaa 
witness  ;  and  he  saith,  he  also  spokn  of  this 
matter  to  othen,  but  never  to  any  Bsagtyirate  ef 
it 

«  This  Examinant  saith»  He  jthinfcs  he  fcMW 
Keeling  'was  %.  witness  a|  cantam  Waleai% 
trial;  but  he  did  not  then  offer  faimaelf  to  he  a 
witness,  because  of  the  difficulty  of  the  liaea. 

"  Moreover,  this  Examinant  saith,  n»a 
were  in  his  company,  at  the  Flnsiee,  Mr* 
Morris,  captain  PhJp%  Mr.  Hornby,  Mr. 
Craqge,  a  brewer  in  Westminster,  Mr.Hakj, 
and  Mr.  Bales,  when  Keeling  was  there." 


»  «. 


I 


The    EXAMINATION  of  Mr.  ROBERT 
BATES,  taken  the  29th  of  Noremhsr, 

1689. 

"  This  Examinant  saiA,  That  he  was  at  ^ 
Fleece  tavern  in  Comhill,  with  Mr.  Moras, 
captain  Phelps,  and  others,  when  Keefing 
came  in,  Bke  a  man  in  a  roaae  ^  wheraapea^ 
one  asked  him,  <  What  vras  the  aMttor?* 
Keeling  answered,  *  Hewasoflhred  aome  nsn- 

*  ney ;  he  couM  have  a  plaee  worth  WiL  per 

*  annum,  to  make  a  discovery,  or  to  ' 

*  some  people  of  a  plot  againat  the 
<ment' 

**  And  this  Examinant  saith.  Keeling 
told  them,  *  Thai  he  had  niet  aome  gentleiiiett, 

*  or  lords,  of  the  Tbwer,  and  was  to  meet  tkssn 

*  again;  but  he  knew  nothing  in  the  woiU.' 

«*  This  Examinant  saith.  That  one  ef  the 
company  told  Keeling,  « That  if  hedid  kaaiw 

<  any  thmg  agafaist  the  goyenunent,  hn  weald 

<  do  well  to  discover  it;  if  not,  he  wooU  ^ 

<  well  to  keep  out  of  such  temptation.* 

*'  Afterwards  this  Examinant  saiiUi,  Keeling 
Ivoke  out  into  a  passion,  and  said,  *  He  knew 

*  n<^ing  at  all ;  and  desired  the  company,  if 

<  he  should  make  any  diaoovery  henaAor^  ^ 
aninst  huDiL^ 


i98K]  -STATE  TRIAtS,  SSChablbsII.  l6as.-/or  Higk  Treaam. 


im 


ceiMd  in  a  plot;  and  tf  he  wmild  diacover 
\ein,  he  should  be  carried  to  Windsor  in  a 
>ch  and  six  hots^,  and  bare  a  good  office 
'd  yvfed  upon  him.' 

^  )d  this  ExamuiaQt  sailh,  That  Keelmg 

▼  uem,  VTbat  that  nij^bt  be  was  to  meet 

k^     on  again;   but* he  said,  he  knew  nothinff 
s^nst  any  one :  and  if  be  shonkl  be  tempted 
^  to  be  so  greata  rogue  as  to  swear  against  any 

*  peraon,  he  desired  the  company  to  bear  wit- 

*  ness  against  him,  tor  he  knew  nothing;'  and 
aoheiefttts." 


The  EXAMINATION  of  Mr.  WILLIAM 
BRIOGMAN,  taken  the  4tb  of  Decern- 
ber,  1689. 

**  This  Exambiant  saitb,  That  he  knows  no- 
thing- of  the  heads  in  the  order;  sare  only, 
that  several  lo|^  met,  in  the  yei^  1687,  in  the 
{Secretary's  office,  and  that  several  times,  about 
the  regulating  of  corporations;  yiz.  the  late 
lord  Jefferies,  the  marquis  Powis,  the^earl  of 
Sunderland,  the  lord  Arundell  of  Warder,  the 
earl  of  Castlemain,  sir  Nicholas  Butler,  and 
Mr.Petre.  \ 

»  This  Ezaminant  saith,  Tliat  business  was 
projected  elsewhere,  because  things  were 
brought  to  the  office  only  to  be  transcribed. 
He  hath  heard  also,  that  there  was  a  sub-oom- 
mittecf  to  manage  that  affiur,  whereof  Mr. 
BrjBot  was  chief;  fuid  that  Mr.  Roberts  and  Mr. 
Dennis  were  joined  with  him;  but  be  never 
mw  the  lords  to  give  them  any  commission,  or 
heard  that  Aaron  Smith  was  concerned* 

*^  This  Eacaminant  saith,  He  was  not  one  of 
the  clerks  of  the  council  when  the  franchises  of 
the  city  of  London  were  seized;  but  he  re- 
members that  he  did  set  his  hand  to  an  order  of 
eounosl  touching  the  regulation  of  several  com- 
panies of  London,  or  the  Uvery -men,  or  courts 
of  asnstanoe ;  but  the  order  was  brought  to 
him  ready  dniwn ;  and  he  signed  it^as  being 
one  of  the  derks  of  the  council  then  in  waiting. 
,  «<  This  Examinaat  saith,  That  he  attended 
at  the  comjmittee  of  council  for  foreign  affairs ; 
hut  he  was  at  no  cabal ;  and  the  franchises  of 
Lmidon  were  destroyed  before  ever  he  attended 
any  caba>  or  committee ;  and  he  never  was 
present  at  any  debate  concerning  that  matter. 

**  This  Examinant  saith.  That,  when  papers 
were  wanting,  he  was  sent  for  to  Mr.  Chiffin's 
lodgings,  and  always  attended  in  the  outward 
room. 

<*  This  Examinant  saith^  He  never  knew  any 
thing  of  the  dispensing  power,  but  by  the 
printed  papers  and  hearsay. 
.  *y  This  Examinant  saith,  That  the  surrender 
•fdbarters,  at  the- latter  end  of  kine  Charles 
the  second's  reign,  came  in  but  slow^ ;  but  in 
king  James's  time  they  came  in  in  a  glut" 


the  EXAMINATION  of  Sir  JOHN  MOORE, 
taken  the  6th  of  December,  1689. 

**  This  Examinant  saith,  Tliat  he  knew  no- 
thing coBcemiDg  the  three  heads ;  that  it  was 


not  he  whodid  reject  the  aheriftb,  bat  the  court 
of  aldermen ;  they  did  set  aside  Mr.  l^piiloa,' 
because'  lie  had  drunk  to  inr  Dudley  Nortn. 
.  *'  This  Examinant  saith,  That  he  beliei^ 
Mr.  Pstpillon  and  Mr.  Dubois  demanded  the 
poll;  but  the  court  denied  it  them. 

<<  This  Examinant  saith,*  Thatheilrunk  t# 
sir  Dudley  North  of  his  own  motion ;  beeanst 
it  was  usual,  .when  men  of  estate  came^rom 
beyond  sea,  who  are  thought  in  and  able,  to 
make  them  sheriffs,  to  save  the  citizens. 

*<  This  Examinant  saith,  That  sir  John 
Duckworth;  with  others  of  the  Turkey  com- 
pany, recommended  him  as  a'  fit  person  to  bei 
sheriff. 

«'  This  Examinant  saith,  That  the  soldiera 
were  not  sent  for  to  interrupt  the  poll,  but 
to  keep  the  peace,  fbr  the  poll  did  go  on  ;^and 
be  does  not  know  that  ^  the  -books  were  taken 
from  the  clerks. 

<<  This  Examinant  saith,  That  he  had  no 
directions  from  Whitehall  to  reject  tlie  poll; 
but  it  was  the  court  of  AMermen  did  reject  it ; 
and  he  doth  not  remember  tliat,  either  the  dtfy 
before,  or  that  morning  of  the  poll,  he  mailW 
any  promise  not  to  disturb  the  poll. 

*'  This  Examinant  saith.  He  remembers  Mt 
what  time  of  the  day  he  went  to  disturb  thw 
poll ;  but  he«aiih  many  of  Aeoitizenscamer  to 
nis  house,  and  would  hav«  hhn  to  the  hall; 
telling  lum  the  poll  went  on,  though  he  had 
adjourned;  which  adioumment  was  by  th« 
advice  of  the  court  of  aldermen. 

><  This  Examumnt  saith,  Hedodi«ot  beKev^e, 
nor  remember,  that  he  bad  orders,  advice,  or 
intimation  from  the  ooort,  to  drink  to  sir 
Dudley  North;  nor  did  Mr.  Secaretary  Jenkimc 
ever  reoommoid  him  to  be  sheriff;  heeattie 
indeed  often  tq  Tiait  him,  but  ne^'er  gave  hiui 
any  directions. 

'^  This  Examinant  saith,  That  not  any  per- 
son did  af^ly  himself  to  him  about  the  taking 
away  the  charter  of  London ;  for  he  wasalwayitf 
against  it. 

'•  This  Examinant  saith,  That  at  the  poll 
his  hat  flew  off,  and  he  was  thrust  against  the 
wall ;  and  if  some  of  the  officers  "bad  not 
stuck  to  him,  he  had  been  down  under  their 
feet. 

.«Tbis  Examinant  saith.  That  the  city  re- 
cords say,  tluUone  of  the  sheriffs,  for  these  90i9l 
years,  have  been  chosen  try  drinking  to,  till  tha 
year  1641 ;  the  other  is  chosen  by  hands  m  thef 
common  haU. 

<<  And  this  Examinant  saith.  He  relm  to 
the  rpcords  how  the  sheriffs  were  chosen :  And 
for  three  preceding  years,  he  lieiieves,  two  or 
three  sheriffs  were  made  by  his  predeoessonv  1^ 
their  drinking  to  them  ;  hot  this  he  refers  abo* 
to  the  records. 

*»  This  Lxaminant  saith.  He  bdieves  the' 
ceremony  of  the  lord-mayor's  drinking  to  the 
sheriff  is  recorded ;  and  he  believes,  that  it  ia 
a  received  opbion  of  the  city,  thnt  the  fierson 
Ubom  tlie  lord-mayor  drinks  to,  is  sheriff;  He 
does  not  remember  that  it  was  disputed  t^l  of 
late ;  ibr  formerly  a  person  drank  to  by  tha 


'979]     STATE  TRIALS,  35  eHABLSs  IL  l68S.— THa/  9/  Algemm 


»»• 


'  ooncciMed ;'  bat  his  bMtac  told  him,  <tliat 

*  he  should  c«fDe  to  no  h^rm*' 

'*  This  Ewiminant  saith.  That  from  thenoe 
Ilia  brother  carried  him  to  Secrctery  Jenkina ; 
where  this  ezamiaaat  beb^  miwiuhiff  to  go,- 
he  told  him,  <  that  he  must  go  thitEer  or^ 

*  Newgate:'  There  he  was  examined  about  the 
discourse  between  Cioodenou|^  and,  his  bro- 
ther Josiah;  and  there  sir  Leoline  Jenkins 
ehewed  them  a  warrant,  under  the  king's  Iwnd; 
i(br  Josiah's  pardon. 

.  '*  This  Examinant  saith.  He  had  no  pardon, 
nor  did  he  ask  for  any,  because  he  wanted  none,; 
lor  he  discovered  what  he  knew  within  i24 
Ik^uts. 

.  "  This  Examinant  saith,  That  from  ihe  Se- 
cnstafy's  they  went  to  the  Fleece  tavern  in 
6out»«rark,  where,  his  brother  sent  for  Mr. 
^  Peokham,  who  came  to  them ;  their  discourse 
.was  in  commendation  of  him,  for  endeavouring 
.to  discover  the  plot ;  saying, « If  he  would  but 

*  discover  What  he  knew,  li^  should  be  well  re* 
.>i»>rded.' 

"This  Examinant  saitb,  That  the  next 
morning  he  was  with  his  brother  at  the  Fhin- 
ders  coffee-house,  where  they  met  two  men  to 
him  unknown ;  who  aho  commended  him  for 
.what  he  had  done,  and  invited  him  to  dinner; 
.  his  brother  did  go,  but  he  could  not,  being 
Otherwise  engag^. . 

*'  This  Examinant  saitb,  Tlut  be  toM  Mr. 
Tory,  his  boother's  master,  all  that  was  dis- 
ooursed  of  a  plot ;  and  the  next  day  he  told  it  to 
others ;  whereupon  all  the  persons  that  were 
informed  a§*amst  fled.  Upon  this,  he  was 
sailed  before  a  private  oouncil,  wHei-e  were  the 
lord  keeper  North,  and  the  lord.  Roberts,  and 
some  others,  where  he  was  examined,  what 
and  to  whom  he  bad  discovered ;  which  he 
tfrldtheni. 

"  Th^s  Examinant  saitb,  That  he  knows  not 
w])o  tliis  Peckham  was,  that  encouraged  him 
to  ex]>cct  a  regard  if  he  wouki  discover  all ; 
'  bnt  lie  liears  be  is  since  dead. 

*'This  Examinant  saitb,  That  he  was  never 
carried  to  ^Windsor,  nor  bis  brother,  as  he 
knows  oi;  nor  does  he  know  that  his  brother 
oifeicd  Uim  any  thtnsr  ^  come  into  the  plot. 

,*'  This  Examit^ut  saitli,  He  was  subpoenaed 
to  be  at  the  lord  Uusseirs  trial,  and  sworn  to  go 
to  the  grand  jury ;  but  be  %vas  not  examined. 
,  *'  Tiiis  Examinant'  saitli,  He  knows  not  of 
Peckbum's  going  to  Windsor;  but  he  heard 
.  he  was  stopt  at  Houuslow  in  going  thither,  but 
knows  not  by  whom. 

'*•  This  Examinant  saitb,  He  knows  not  of 
any  design  to  make  persons  subscribe  to  the 
carry  mg  on  of  the  plot;  but  indeed  he  heard 
some  discourse  of  it. 

"This  Examinant saith,  He  was  in  court 
when  Hone  was  tried,  and  his  brother  a  witness 
against  him ;  and  saitb,  he  knows  not  who 
were  to  be  seized  about  the  plot.;  but  heard 
that  some  were  to  be.  t 

.  "  Tii'm  Examinant  ;eaitb.  He  heai'd  his  bro- 
ther had  received  5p0/.  from  the  king,  after 
.the  discovery  of  the  j^k)!  was  made ;  and  that 


he  brought  it  to  a  coffee-houM!,  where  he 
heard  it. 

«<  This  Examinant  saitb.  That  there  wa» 
such  a  diflerence  between  him  and  his  brother^ 
upon  his  emnloymg  Mr.  Jones  to  let  Good* 
enough  and  the  others  know  what  his  brother 
had  informed  against  them,  thfrt  they  are  hardly 
yet  reconciled. 

'*  This  Examinant  suth,  That  he  was^ 
against  his  brother's  bringing  him  into  a  thisff 
which  he  knew  nothmg  of,  nor  did  believe,  tuL 
after  the  proclamation;  and  that  Lee  came  i» 
to  discover,  and  that  men.  were  taken  up." 


The  EXAMINATION  d  Mr.  WILLUX 
HORNEBY,  taken  the  4th  of  l>eoember, 

'      1<J89. 

"  This  Examinant  saitb',  That  he  knows  no* 
thmg  of  the  three  heads  in  the  ordes.  Butthi» 
ezammant  saitb,  That,  a  little  before  the  break* 
ing  out  of  the  Rye  plot,  he  was  with  some 
company  at  the  Fleece  taveni  m  Comhill  i 
where  Josiah  Keeling  came  in  to  them,  seem- 
ingly  under  some  di^turbande  of  mind. 

'*  This  Exammant  saith.  As  well  as  he  catr 
remember,  Keeliug  said,  <  he  was  offered  an 

*  employment  of  60/.  or  80/.  per  annum,  t» 
<sw«ar;  but  he  knew  not  what,  nor  againal 

*  whom,  to  swear.' 

<<  This  Examinant  saith,  That  tlien,  after 
Keehng  had  sat  a  little  while,  be  said,  <  it  wa*. 
'  a  brave  business,  to  have  80/.  per  aaoum  to 
'  swear.' 

y-  And  this  Examinf»nt  saith.  That  Keelii^ 
said  farther,  <  That  he  was  to  meet  some  per* 
'  sons  in  Tower  street  that  evening;  but  h» 
<  knew  not  about  what.'  But  he  saith  he  doth- 
believe  that  £geeliog  did  meet  some  person^ 
there." 


The  EXAMINATION  of  Mr.  JOHN  BELy 
CHER,  taken  the  4th  of  December,  1689. 

<<  This  Examinant  saith,  That  Josiah  Keel* 
ing  had  always  the  character  of  an  amintioos 
man ;  but  he  knows  nothiilg  of  his  threatening 
or  inducing  men  tp  swear  conceiving  the  plot. 

'<.This  Examinant  saith,  That  he  was  by. 
when  Keeling  petitioned  the  duke  of  Yoritfor 
a  place  in  the  victuailmg-ofiice.  • 

'<  But  tliis  Examinant  saith,  That  he  knows 
notliini^  of  his  own  knowledge,  of  the  regula-, 
tors ;'  but  be  hfith  heard  that  Mr.  Jones  w«l 
one. 


If 


The    EXAMINATION    of    Mr.   ORISPE 
GRANGE,  taken  the  4th  of  December, 

1689. 

*<  This  Examinant  saith,  He  was  at  die 
Fleece  tavern  m  Cornhill,  in  June  1683,  with 
othet  persons,  when  Keebng^  canoe  in  there  to 
them ;  he  was  discomposed,  and  told  the  com* 
pany,  <  That,  the  night  before,  he  m^  a  person 
*  belongii^  to  the  Tower,  who-tokl  Keelnifr, 
'  That  be  ke;>t  company  with  vpecsons  con- 


1981]  -STATE  TRUtS,  35  Chaelbs  H.  l6a5.-/or  High  Treawn. 


im 


*  c«ni#d  in  a  plot;  and  if  he  wmild  diocorer 
'  them,  he  siiould  be  carried  to  Windsor  in  a 

*  coach  and  six  hots^,  and  bare  a  good  office 

*  bestowed  upon  him.' 

**  And  this  Examinaat  saith,  That  Keding^ 
iM  tbem,  <  That  that  night  he  was  to  meet 
«  him  again;  but' he  said,  he  kaew  nothbg 
'  against  any  one :  and  if  he  should  be  tempted 
f  to  be  so  gi^eata  rogne  as  to  swear  against  any 

*  person,  he  desired  the  company  to  bear  wit- 

*  uess  against  him,  tor  he  knew  ootliing;'  and 
■oheleROS." 


The  EXAMINATION  of  Mr.  WILLIAM 
BRIOGMAN,  taken  the  4th  of  Decem- 
ber, 1€89. 

<*  This  Examinant  saith,  That  he  knows  no- 
thing- of  the  heads  in  the  ocder;  sare  only, 
that  several  loprds  met,  in  the  yei^  1687,  in  the 
{Secretary's  office, and  that  several  times,  about 
the  r^fiilating  of  oocporations ;  viz.  the  late 
lord  Jefferies,  the  marquis  Powis,  the^earl  oi' 
Sunderland,  the  lord  Arundell  of  Warder,  the 
earl  of  Castlemain,  sir  Nicholas  Butler,  and 
Mn  Petre.  \ 

^Tbk  Examinant  saith.  That  business  was 
projeeted  elsewhere,  because  things  were 
brought  to  the  office  only  to  be  transcribed. 
He  hath  heard  also,  that  there  was  a  sub-com* 
mitteof  to  manage  that  affair,  whereof  Mr. 
Brent  was  diief,  and  that  Mr.  Roberts  and  Mr. 
Dennis  were  joined  with  him;  but  he  never 
aaw  the  lords  to  give  them  any  commission,  or 
heard  that  Aaron  South  was  concerned. 

*^  Thb  Examinant  saith,  He  was  not  one  of 
the  clerks  of  the  council  when  the  franchises  of 
the  city  of  London  were  seized;  but  he  re- 
roembm  that  he  did  set  his  hand  to  an  order  of 
council  touching  the  regulation  of  several  com- 
panies of  London,  or.tM  livery-men,  or  courts 
of  asnstanoe ;  bnt  the  order  was  brought  to 
him  ready  drawn ;  and  he  signed  it,^as  being 
one  of  the  clerks  of  the  council  then  in  waijting, 
,  «  This  Examinant  saith,  That  he  attended 
at  the  committee  of  council  for  foreign  affairs ; 
but  he  was  at  no  cabal ;  and  the  franchises  of 
London  were  destroyed  before  ever  he  attended 
any  caba^  or  committee ;  and  he  never  was 
present  at  any  debato  concerning  that  matter. 

*'  This  Examinant  saith,  That,  when  papers 
were  wanting,  he  was  sent  for  to  Mr.  Chimn's 
lodgings,  aodr  always  attended  in  the  outward 
room. 

«  This  Examinant  saith^  He  never  knew  any 
thing  of  the  dispensing  power,  but  by  the 
printed  papers  and  hearsay. 
.  **  Tms  Examinant  saith.  That  the  surrender 
•f  charters,  at  the  latter  end  of  king  Charles 
the  second's  reigo,  came  in  but  slowly ;  but  in 
king  James's  time  they  came  in  in  a  glut" 


i» 


the  EXAMINATION  of  fiTir  JOHN  MOORE, 
taken  the  6th  of  December,  1689. 

<<  This  Examinant  saith.  That  he  knew  no- 
thing concexning  the  threa  heads;  that  it  was 


not  be  whadid  rgect  the  aheriftb,  bat  die  court 
of  aldermen ;  they  did  set  aside  Mr.  l^piiloo^ 
because'  lie  had  drunk  to  ^r  Dudley  North.  - 
.  «*  This  Examinant  saith,  That  he  beliei^ 
Mr.  Papillon  and  Mr.  Dubois  demanded  the 
poll;  but  the  court-denied  it  them. 

"  This  Examinant  saith,  That  hetlrank  t# 
sir  Dudley  North  of  his  own  motion ;  beeanst 
it  was  usual,  when  men  of  estate  came^Vom 
beyond  sea,  who  are  thought  in  and  able,  to 
make  them  sheriffs,  to  save  the  citizens. 

**  Tliis  Examinant  saitii,  That  sir  John 
Duckworth^  with  others  of  the  Turkey  com- 
pany, recommended  himas  a' fit  person  to  bei 
sheiiff. 

'«  This  Examinant  saith.  That  the  soldiers 
were  not  sent  for  to  interrupt  the  poll,  but 
to  keep  the  peace,  for  the  poll  did  go  on  ;*and 
he  does  not  know  that^the  Jxwks  were  taken 
from  the  clerks. 

"  This  Examinant  saith,  That  he  had  no 
lUrectians  from  Whitehall  to  reject  the  poll; 
but  it  was  the  court  of  Aldetmen  did  reject  it ; 
and  he  doth  not  remember  tlmt,  either  the  day 
before,  or  that  morning  of  the  poll,  he  made 
any  promise  not  to  disturb  the  poll. 

«' This  Examinant  saith.  He  reneroben;  not 
what  time  of  the  day  he  went  to  disturb  th« 

E61I ;  but  he«aith  many  of  llieoitizenscamer  to 
is  house,  and  would  hare  lum  to  the  halt; 
telling  him  the  poll  went  on,  though  he  had 
ujyonmed ;  which  aiHoiimment  was  by  thw 
advice  of  the  court  of  aldermen.    ' 

><  This  Exanuaant  saith,  Hedodi«ot  beKeve, 
nor  remember,  that  he  had  orders,  advwe,  or 
intimation  from  the  court,  to  diink  to  sir 
Dudley  North;  nor  did  Mr.  Secretary  JenkinflL 
ever  recommcad  him  to  be  sheriff;  heeame 
indeed  often  to  Tiait  him,  but  never  gave  himf 
any  directions. 

'^  This  Examinant  saith,  That  not  any  per- 
son did  apply  himself  to  htm  about  the  taking 
away  the  charter  of  London;  for  he  wasalwaya 
against  it. 

"  This  Examinant  saith,  That  at  the  poll 
his  hat  flew  off,  and  he  was  thrust  against  the 
wall ;  and  if  some  of  the  officers  "bad  not 
stuck  to  him,  he  bad  been  doan  under  their 
feet. 

.«<  This  Examinant  saith.  That  the  eity  re- 
cords say,  that  one  of  the  sheriffs,  for  these  9081 
years,  hare  been  chosen  try  drinking  to,  till  the' 
year  1641 ;  the  other  is  chosen  by  hands  in  th^ 
common  haU. 

'<  And  this  Examinant  saith,  He  reksta  to 
the  records  how  the  sheriffs  were  chosen :  And 
for  three  preceding  years,  he  l>elieves,  two  or 
three  sheriffs  were  made  by  his  predeoessonv  by 
their  drinking  to  them  ;  bat  this  he  refers  abo 
totherocorda. 

''  This  Lxaminaiit  saith.  He  bdieves  the 
ceremony  of  the  lofd-mim»r's  drinking  to  ttte 
sheriff  i^  recorded ;  and  he  believee,  that  it  ia 
a  received  opinion  of  the  city,  thr.t  the  iienron 
ivboro  the  lord- may  or  drinks  to,  is  sheriff;  he 
does  not  remember  that  it  was  disputed  t^l  of 
late ;  for  formerly  a  person  drank  te  by  the 


pas]     STATE  TftlALS^  35  Chaubs  IL  l6^.^Trial  cf  Algemom  SUkeg,    [914 


Wtd'imyor  wa>  not  a¥cm<id  frwpi  kmag  ebeiift 
^itbpul  fa«  fined  off* 

''  This  Exuniiiaiit  tfittii  He  tkinks  two  #r 
tluci«i  paid  their  finep  for  Uwg  dnuik  to  by  sir 

llotatCUytoo." 


tlic  EXAMINATION  of  Mr.  THOMAS 
TANNER,  clerk  of  the  peace  for  the 
city  of  London,  taken  the  m  December, 
1689. 


.  «<  This  Eaufiinant.  aaith.  That  be  brought 
in  t)ie  original  pana^  for  the  juries  of  the 
fesaion  for  London,  when  the  lord  Ruaseli  was 
tried,  which  was  taken  out  of  19  wards  $  and 
the  names  of  the  several  persons  in  the  panel 
Vrere  read  to  the  lord  Russell,  out  of  which  IS 
wipra  chosen." 


The  EXAMINATION  of  AARON  SMITH, 

taken  the  6th  December,  lOSp. 

«<  This  Bxaminantsaitb,  That  he  waa  a  pri- 
aoner  in  the  Towwr,  when  the  lord  Bnasell  and 
•olnnel  Sidney  were  tried;  but,  before  he  was 
sent  thither,  be  waa  kept  by  the  foot  i^fnards  in 
ik)9tland«yard,  and  lay  upou  tba  bare  boards  for 
4  days  and  5  ni^^bts. 

.  «'  This  Examinant  saith.  That,  whilst  he 
was  kept  there,  he  was  several  times  brought 
M>ra  the  king;  but  be  reftised  to  answer,  un- 
.tillhewaa.sent  toaksn^l  prison;  whereupon 
he  was  camed.to  the  Tower,  and  kept  there 
close  priaoBor  ft>r  19  wieks  and  5  days,  at  5/.  a 
veek  charge  to  himself. 

*  ^'And  this  Examinant  saitb,  That  two 
wardera  watched  htm,  and  lay  in  the  aame 
loom ;  and  wouU  have  lain  in  bed  with  him, 
bot  h«  would  not  suffer  it. 

**  This  Examinant  saitb.  That  one  of  his 
varders  uM  him,  '  There  was  ooesir  Ambrose 
«  Philips  to  npeak  witb  him,  who  had  an  order 
«  from  one  of  the  secretaiies  to  come  aa  often  as 
'  he  would,  and  bring  whom  he  would  along 
«  with  him  ;  but  then  be  ivas  alone/ 

«<  And  tbia  Examinant  saitb.  That  when  sir 
Ambrose  came  in,  after  some  othei' discourse, 
he  told  him,  <  It  was  in  his  power  ta  make 
«  himself  what  he  would ;  for,  said  sir  Ambrose, 
«.  you  know  this  rogue  Sidney  is  « traitor ;  and 
1  ^ou  may  ipake  vourself  what  you  will,  if  yon 
^  will  discover  what  you  know  of  bis  designs 

<  againat  the  government.' 

«  This  Examinant  saitb,  he  replied,  « That 
'     « he  could  not  aay  any  thUig  thftt  could  touch  a 

*  hair  of  colonel  Sidney's  head.*  Then  air 
Ambrose  Philips  said,  <  If  be  might  advise  the 

<  king*  he  would  have  all  the  £imned  Whig 

*  rogiiea  banged ;'  and  as  for  your  part,  said  he 
•  to  this  Examinant,  *  every  body  Vnowa  that 

*  ypu  are  guilty.'  . 

««  This.  Examinant  aaith.  That  be  doth  not 
know  any  r^uUtora  of  corporations  of  his  own 
knowledge ;  but  be  knows  soma  who  want  un- 
der the  name  of  regulators." 


w^m 


•*tmmm 


The  EXAMINATION  of  Mr.  WnXlAH 
ROUSE,  one  of  the  lord  RusselVi  joiy, 
taken  the  11th  of  December,  1089. 

'« This  ExnmmMBt  aaitfa.  That  he  neitfacr 
knoweth  BurUm  nor  OcBham,iior  doth  ht 
know  that  he  saw  them  at  the  knd  Buadl'i 
trial. 

<»  This  Examinant  saitfa.  That  he  was  fom- 
moned  by  one  of  the  aheriff's  officers;  be 
never  heard  of  the  heinousnea  of  the  Ind 
Russell's  crime  from  any '  one,  nsr  wai  lit 
either  persuaded  or  encouraged  by  any  one  to 
attend  on  that  jury,  and  he  never  was  Moan 
upon  any  jury. 

»<  This  Examinant  saidi,  That  the  sberift 
usually  do  provide  a  dinner  for  the  jury ;  Iwt, 
the  dinner  being  s^led,  ha  clnUied  ftr  hii 
dinner,  which  be  ttunka  came  to  3i. ;  and  nwi, 
he  saitb,  he  hath  been  upon  ^  the  graad  jory, 
but  upon  no  other  jury." 


The  EXAMINATION  of  Mr.  NATHiXIEL 
WADE,  taken  the  6th  of  Deconlier,  1689. 

"  This  ExaminMit  saitb.  That  heknoaias. 
thing  gf  the  throe  heads ;  bat  he  sailb,  dat 
Joeiah  Keeling  aconaad  him  of  beiog  ia  tin 
Ryeptot;  akhdi^,  lotfaebestefbisvenMB. 
bmnoe,  he  had  narar  haen  above  twise  ia  Ui 
company. 

«<  Thm  Examinant  anhh.  That  bs  itw 
bea^  Keding  say  he  was  offered  any  nmii 
fbt  discovering  the  plot ;  but  be  hmid  hoa 
apeak  vnry  mtravagantly  at  the  ftdatnin 
tavern  in  iiombard'atroet ;  and  he  mid,  'he 
•would  da  aonlke  brisk  things;'  whsreopoawd 
Mr.  Nplthorp,  who  waa  tMS  also  in  tasoB* 
pany,  <  I  pnthee,  be  not  mad.' 

«'  This  Exanunant  saitb,  Tbst praMudy af- 
ter he  heard  his  name  was  put  into  a  prMmai* 
tion ;  but  there  he  was  oaUad  by  the  assKcf 
..Ward;  but  in  the  nest  gazette' his  right  naat 
waa  put  in." 

The  EXAMINATION  of  Mr.  WnUlM 
RICHARDSON,  taken  t^  6th  of  0e. 
cember,  1689. 

'*  This  Examinaat  saitb.  That  mr  ThoM 
Armstrong  was  oom\nitted  to  his  eoHody  I7 
secretary  Oodolphin's  wannnt,  wbieb  be  pro- 
duced, as  also  tlie  role  of  court  fer  bissncn- 
tion. 

<<  This  Examinant  saidi,  That  sir  Thoatf 
Armstrong  had  one  iron  on;  and  the  '^^'^^^jf 
it  was,  Mcause  he  waa  oalbwed  kf  W^ 
treason ;  he  saitb,  he  thinks  that  the  tad  M 
feries,  sir  Francis  WyAens,  and  sir  Mai 
Wright,  were  three  of  his  judges. 

'« This  Eamminant  sutb,  That  the  m 
Russell  was  brought  into  the  sesrionSi  »» 
there  committed  to  him  as  tbo sheriff's  oioeri 
but  Mr.  Cornish  was  committed  to  Kewg^ 
by  sir  Francis  Wjthens.  .    . , 

^  This  Examinant  saith.  Ho  did  aot  ib^ 
them,  nor  ever  put  irooion  tboM'^"*"* 


9i5]      .     ffTATB  TRIALS*  55  Ch ABLSt  IL  liK^m-  EBgk  Treawn. 


CdB6 


adr  AciwJjMy^phiiiH  nor  had  Corwrii  tn j, 
bcbg  m  a  nnr  pboe  than  sir  Thomas  Arm* 

^Tnd  this  Ezammaiit  fbrtfier  saitfa,  That 
hehadttomaiiegroftfaelordRaaHili  and  that 
was  gireBf  fab  wife  had  it.'' 


The  INFORMATICW  of  JOSEPH  DU- 

CABSE. 

^*  Wbfsa  colonel  Sidney  was  arrested,  I  had 
not  been  long  in  Siiffland ;  I  did  not  know  the 
lawn,  coBlMBS,  and  lan^[nage  of  the  eovntry, 
«ad  had  bot  lew  aoqnamtaoce  to  inform  me, 
andtbe^  infolwd  me  in  the  same  prosecution ; 
so,  havmgtben  httle  or  no  assistance,  I  was  not 
alkwod  to  jad^ ;  bat|  since,  1  hare  made  it 
my  business,  not  ^nly  to  inquire,  but  a]so  tc 
•erf^  bam  in  as,  mnch  as  I  was  able,  ha^in jp 
nfterwards  obtained  the  Rbertj  to  Tisit  him : 
hj  the  infermadons  he  gwe  me,  and  by  the 
discovery  I  made  abroad,  according  to  my 
knowledge,  experience,  and  judgment,  it  was 
the  greatest  injostioe  that  ever  was  done,  and 
|p:«at«r  in  that  it  was  done  upon  pretence  of 
justice,  which  I  shall  shew  as  tar  as  I  am  able. 

^«  Colonel  Sidney  was  arrested,  the  S6th  of 
June,  1683,  about  one  of  the  clodc,  at  his  din- 
Bflr ;  fanmediately  afler  sir  i%3ip  Lloyd  came 
wMi  an  order  to  seiee  his  papers ;  and  after 
diuBer  went  and  sesrchea  the  honse,  bot 
thooght  not  ilt  to  take  any,  but  some  that  lay 
laoae  upoa  his  taMe,  and  in  an  old  open  trank 
that  stood  by,  and  put  all  those  papers  into  the 
said  trank  aaad  a  pimwbeer,  and  desired  colond 
Sidney  to  put  his  seal  upon  them ;  which  he 
rtfbsed,  and  afterwards  told  me  the  reason, 
^  ^  That  he  well  remembered  what  passed  at 
'  <  eolonel  ManselTs  lodgings.'  And  then  sir 
PMip  lioyd  pot  his  own  seal  upon  them,  and 
promised  colonel  Sidney  they  shonid  not  be 
opened,  bnt  in  his  presence;  which  promise 
wao  not  kept ;  fut  he  toM  me  oftentimes,  and  at 
the  day  of  his  death,  that  be  never  saw  either 
trunk  or  pillowbeer  again,  though  he  did  by 
my  hand  petition  the  king  to  have  them  re- 
tnned  him,  because  there  were  some  am<Hig8t 
them  that  might  conduce  to  his  justification. 

**  From  his  house,  he  was  brought  before 
the  king's  council ;  and,  upon  cocunmation,  ho 
fought  he  gave  tiiem  sncn  answefs  as  might 
have  discha^ed  him ;  but  he  was  sent  to  the 
Tower  by  a  warrant  from  sir  Leoline  Jenkins, 
lor  high  treason ;  at  which  time  nothing  of  that 
which  was  preteodcd  at  his  trial  coohf  be  im- 

piHted  to  him  ;  die  lord  Howaord  was  not  seized  ^  «       ^  -^  ^ 

tin  several  days  after,  and  his  papers  cotdd  not .  be  tried ;  when  a  copy  of  the  panel  was  sent  to 
he  examined,  at  that  instant ;  tne  same  day  his  him,  after  he  had  read  it,  he  told  me,  <  he  knetr 
monies  and  bills  of  exchange  were  sdzed  in  |  *  bnt  the  names  of  three  gentlemen,  which 
Thomas  Shepherd^s  hands ;  some  weeks  after,  i  *  he  resolved  to  have  accepted,  but  they  cfid 
his  goods  both  in  town  and  country  were  ,  '  not  appear  at  his  trial ;'  the  others  he  except- 
seiaed  to  his  ftry  wearing  doaths,  that  his  ed  against,  as  not  being  fteebolders,  and  such 
aarvants  had  not  tno  Kberty  to  carry  him  Bnen  as  vrere  then  servants  in  the  king's  pay,  as 
to  change  (ablaut  loor  months  before  Che  bill  nnfit  persons  to  try  hhn,  being  prosecuted  at 
waofoondagoinat  him);  and  I  knowing  that  the  king's  suit;  and  the  rest  were  mean, 
the  marquis  of  Halilkx  was  bis  kinsman,  I  ap-  sordid,  and  mechanic  people,  and  not  fit  per- 
^j^_ — ir^-^vi »t^M^ u*-^^     aoof  •ojndgeinsuch  acBsij:"  Youmaysec  it 


ed  rehef  from  someo^. those  grievvndeo;  aad, 
by  his  tordship's  means,  I  had  the  hhefty  to 
visit  colonel  Sidn^  during  hb  imprMonmeDt. 

*<  The  eth  of  No¥embor  folh>wing,  an'  mder 
was  sent  to  the  lieutenant  of  the  Tower,  to 
bring  colonel  Sidney  the  next  mommg  before 
the  king's  bsoeh;  and  he  was  aocwdu^y 
bronght  into  the  paUoe  yard  of  Westminster, 
betaneen  ten  and  efeven  or  the  dock,  before  the 
grand  juTT  was  assembled  ;  and  consequently 
they  could  know  whether  the  bill  would  bo 
found  against  him,  unless  they  had  int^igeiiico 
with  the  grand  jury. 

*'  The  bill  was  found,  and  be  immediatdy 
hurried  to  the  bar  to  be  arra^pied.  The  bill 
was  read  to  him,  perplexed,  confused,  and 
long,  containing  a  heap  of  crimes  distinct  in 
nature,  distangiushed  from  each  other  by  law 
(as  he  afterwards  toM  me) :  one  particular  I 
wdl  remember,  that  he  said,  *  That  the  in- 
^  dictaient  says,  he  did  conspire  (witib  many 

*  others  to  the  jury  then  unknown)  on  the  SOm 
'  of  Jane,  and  many  days  both  before  and  after, 

*  in  the  parish  of  St.  Giles's ;' -whereas  he  was 
then,  aiM  had  beep  some  days  before  a  close 
prisoner ;  which  was  impossible  he  should  bo 
at  the  same  time  at  St.  Giles's  and  in  the 
Tower ;  and  it  was  morally  impossible  for  the 
grand  jury  to  know  he  md  conspire^  unless 
they  did  know  with  whom. 

'*  He  complained  much  of  the  imnsdee  dons 
him,  when,  upon  some  contest  at  his  arraign- 
ssent  nbout  some  points  of  law,  he  desired 
counsel  to  ftame  objections,  which  was  rs^ 
fused, ;  hesfterwards  presented  a  slMdal  plea 
ready  engrossed,  which  was  reftised,  nnless  it 
mignt  be  peremptory ;  declaring,  f  If  it  was 

*  over-ruled,  he  shonId  be  no  further  heard  ;* 

*  and  the  chief  justice  threatened,  ^tllat  jod^^ 

*  mebt]of  treason  lAiould  be  immediatdy  en* 
*tered,  if  he  did  not  come  to  the  general 

*  issue ;'  add  so  was  forced  to  plead  Not  Guiltr. 
**  Colonel  Sidney  did  also  much'comphunL 

that  the  copy  of  the  indictment  was  refused 
him,  which  miff bt  have  been  of  great  use  to 
him,  to  make  bis  defence  and  exeentions,  it 
being  so  long  and  intricate  that  the  ablest  law- 
yers could  give  him  but  a  very  imperfoct  ac- 
count of  h  upon  hearing :  thereupon,  he  pro- 
duced an  authentic  copy  of  the  statute,  whers«i 
in  ft  is  plainly  enacted,  *  That  aH  men,  in  fdl 

*  cases,  whether  they  he  such  as  fall  out  against 

*  the  king  or  any  others,  shall  have' copies  of 

*  such  records  as  are  against  them.' ' 
**  He  complained  very  mnch  of  the  irregu- 
larity of  choosing  the  jury  by  whom  be  was  to 


plisd  myself  to  htmt  and  by  his  meeos  obtain- 


$67]      STATE  TRIALS*  35  CilAmLms  IL  ifi83.«-Tiii/ 4/  Algem§m  &iney,     lS» 


more  %t  lar^  in  bis  trial ;  and,  if  your  Icrd- 
^shifw  pleaM,  m  his  memorials  he  has  left  me. 

**  fie  did  mucli  complain  against  the  lord 
•chief  justice,  for  intemijtting  mm  in  his  just 
defence ;  and  was  obaeiTed  so  well  to  choose 
iiis  time  of  breaking  off  bis  discourse^  as  never 
to  siiffo*  him  to  finish  any  point  that  pinched 
too  hard  upon  the  undue  practices  of  bis  pro- 
secutors, and  most  conduced  to  bis  defence : 
he  desired  the  chief  justice,  as  rentlyas  he 
'.could,  '  to  proceed  sotUy  and  tiiirTy  ;  that  no 
/  delay  ov^t  to  be  esteemed  long,  wben  the 
'  life  of  a  man  was  in  question ;'  but  all  was  in 
^▼ain :  colond  Sidney  told  me,  *  That,  before 

*  his  trial,  be  was  credibly  informed,  that  the 

*  lord  chief  justice  bad  advised  with  the  king's 
/counsel,  of  the  ways  of  compassing  his 
'death ;   and   that  a  pa^,  containing  the 

*  result  of  that  consultation,  had  been  seen 

*  upon  Mr.  Attorney's  table.'  lie  never  told 
me  who  that  person  was ;  but,  if  you  please 
to  call  Mr.  Owen,  who  was  his  solicitor,  sir 
Wm.  Williams,  Mr.  PoUezfen,  Mr.  Eotheram, 
,Mr.  Benchfiid,  Mr.  Thompson,  and  Mr. 
Hallis,  who  were  bis  counsel,  perhaps  they 
.may  give  a  better  account  of  that  circum- 
stance ;  but,  sure  I  am,  tliey  can  give  your 
lordships  a  full  account  of  the  irregular  pro- 
ceedings of  his  prosecutoro. 

"  Hecompbuned  also  against  the  solicitor 
.general,  for  misrepeating  the  evidence  on  both 
aides,  to  mislead  the  jury ;  to  have  repre- 
sented the  hnrd  Howard's  frequent .  attestation 
of  God,  that  he  knew  of  no  Plot,  believed  there 
was  none,  and  took  that  spoken  of  to  be  an 
inTention  of  the  priest,  only  as  unwillingness 
io  confess  it,  and  nis  many  perjuries  as  a  mark 
4>f  the  truth  of.  that  he  baa  then  sworn,  and, 
bjr  such  constructions,  to  drive  the  jury  head- 
:loo^  into  a  verdict ;  and,  as  Mr,  Sidney  com- 
plained of  the  solicitor  general  in  that  parti- 
cular, 80  he  did  much  -  more  of  the  chief 
justice,  in  misrepresenting  the  evidence  more 
than  the  soliciitor  bad  done.  And,  after  his 
,trial,  colonel  Sidney  was  informed,  t  that  tbe 

*  lord  cliief  justice,  not  satisfied  with  directions 
*■  given  in  public,  he  had  been  further  pleased, 
'  wben  he  retired  upon  pretence  of  taking  a 
\^lass  of  sack,  to  follow  the  jury,  and  give 

*  tnem  more  particular  ibstructious.' 
'*  He  complained  also  of  the  judges  and 

ury,  for  receiving  such  an  evid^ioe  as  the 
ord  Howard ;  against  whom  be  had  many  ex- 
ceptions, as  appear  in  his  trial,  and  in  his  aying 
wonds  which  ne  left  with  me,  written  by  bis 
own  hand,  whicb  I  am  ready  to  produce,  and,  if 

J|[oar  lordships  please  to  give  me  leave  to  pub- 
isb  tbero,  it  sludl  be  done  speedily  ;  which, 
1  presume,  may  ^ve  great  liffht  and  satisfac* 
tion  to  your  IbnUhips  and  to  the  world,  of  tbe 
injustice  done  to  Iiim. 

<<  He  further  complained,  that  t&e  judges 
'And  jury  did  receive,  for  a  second  evidence, 
itoQoe  scraps  of  papers,  written  many  years 
before,. in  answer  to  Pillmer's  book,  as  if^^tbey 
could  have  any  relation  wiib  what  was  pre- 
lewled  than  at  his  trial ;  he  camestiy  desucd. 


that  thoee  papers  prodoeed  aBainsthimf  laiciil 
all  be  read  in  the  Coutt,  that  they  might  kraqpa 
whether  they  were  good  or  bad,  true  or  n^  ; 
which  was  refused. 

*'  After  this  trial^  colood  Sidney,  oonsider- 
ing  thetrirregular  proceedings,  applied  liimadf 
to  tbe  king  by  bis  petition,  which  I  presented 
myself,  representing  to  his  majesty  the  wrong 
he  thought  was  done  bim  ;  but  could  obtain 
no  relief  being  referred  to  tbe  same  ju^es  of 
whom  he  complained. 

"  Of  these  he  did  complain,  and  OHuiy  otiier 
particulars  that  would  be  too  tedious  to  rdate, 
and  I  should  fear  to  do  him  wrong  in  nol 
setting  them  forth  as  they  ought  to  be ;  there- 
fore must  refer  to  his  Apology,  which  he  ddt- 
vered  me  before  bis  death,  and  then  told  010, 
'  He  was  persuaded  that  his  death  would  bo 
'  called  in  question  ;  and  so  left  me  thoao 
<  papers,  as  a  testimony  to  tbe  world  of  the 
'  urregrnlar  proceedings  his  prosecutors  omdo 
«  use  of  to  destroy  him.' 

''  Decem.  11th,  16^9.  "  I>ucMS.'* 


Tbe  EXAMINATION  of  Mr.  RICHARD 
WYNN,  taken  the  lltb  of  December, 
1689. 


«*This  Ezaminant  saith,  That  be  was 
dtor  to  colonel  Sidney ;  and  that,  presently 
afler  bis  trial,  tbe  lord  chief  justice  sent  hina 
prisoner  to  the  Ring's  Bench,  for  saying, 
'  that  the  jury  were  aloggerfaeaded  Jury  ;  and 
'  that  they  had  not  evidence  sufiQdent  to  find 
'  such  a  verdict,  or  that  they  found  a  verdict 
'  contrary  to  evklence.' 

"  And  this  Examinant  saith,  That  colonel 
Sidney  excepted  against  several  of  the  jmy  ; 
against  some,  as  not  being  freeholders ;  and 
against  others,  as  being  in  the  king's  servioe» 
and  receiving  wages  from  his  ni^esty. 

**  This  Examinant  saith*  That  be  was  at 
colond  Sidney's  trial,  to  write  short-band,  and 
be  was  reproved  by  tbe  Court  for  speaking  to 
the  prisoner :  Mr.i  Sidney  put  in  his  plea  mto 
Court,  but  did  not  insist  upon  it ;  the  foul 
draught  of  which  be  shewed  to  this  com- 
mittee." 


i 


The  EXAMINATION  of  Mr.  SERJEANT? 
ROTHERAM,  taken  the  11th  of  De- 
cember, 1689. 

'<  This  Examinant  saith.  That  be  with 
Qtbers  was  of  eoun^  for  colonel  Sidney  ;  and 
that,  by  the  persuasion  of  Mr.  Bamfield,  he 
drew  a  plea  tor  him,  which  colonel  Sidney  at 
bis  trial  threw  into  Court,  and  prayed  it  nugbfc 
be  read. 

<'  This  Examinant  saith.  That  it  was  to  de-- 
fltre  the  distinguishing  of  the  treasons  laid  in 
the  indictment  and  quoted  the  three  acta  of 
treason.  But  the  Court  told  him,  <  That,  if 
*  tbe  Plea  bad  any  slip  in  it,  he  must  have 
^  judgment  of  death  pass  on  him  immediatdy.* 
Afler  tliis,  he  pleaded  Not  Guilty. 

**  This  Examinant  aaitb,  Ue  prayed  a  oopy 


989]  flTATS^  T&IAU,  35  Ckarlss  lU  iBSi.—fw  High  neM$mu 


ofthe  indictment,  which  he  chaDeng^  as  his 
due;  but  the  Court  refiised  it  him.     * 

<«  This  Examinaiit  saith.  That,  after  he  was 
found  Goilty,  he  told  him,  <  That  they  proved 

*  the  paper  which  they  accused  him  of,  for 

*  being  his  hand- writing,  by  a  banker,  who  had 

*  only  once  his  hand  to  a  bill ;'  and  to  that  he 
mioted  the  lady  Carr's  case,  in  the  Ring's 
ffench,  in  Trinity  Term,  1669,  wherein  it  was 
adjudged,  *  That,  in  a  criminal  case,  it  is  not 

*  sufficient  for  a  witness  to  swear  he  believes  it 

*  to  be  the  hand  of  the  party ;  bat  that  he  saw 

*  the  party  write  it :'  the  words  in  the  case  are, 
« That  it  must  be  proved  that  she  actually 

*  writ  it  I  and  not  that  it  was  her  hand,  ut 

*  credit.* 

<(  This  Examinant  saith.  That  colonel  Sidney 
asked  him,  with  the  rest  of  the  counsel,  *  Whe- 

*  ther  all  the  b(A>k  should  be  cesd  at  his  trial  ?' 
The  counsel  said,  '  It  should.*  The  book  was 
k^way  of  questions,  and  merely  about  a  dis- 
eourse  of  government  in  general,  as  far  as.  he 
could  find,  after  several  hours  reading  in  it ; 
for  he  believes  it  consisted  of  about  seven  or 
800  sheets. 

*<  This  Examinant  saith.  He  knows  nothing 
of  the  lord  Russell  or  others ;  but  he  saith,  Mr. 
Henry  Guv  came  to  his  chambers,  and  asked 
him,  *  Wnether  he  was  ibr  the  dispensing 
'  power  .^  He  to|d  him,  '  No,  he  was  against 
'  It ;  ibr  it  was  both   against   law    and  con- 

*  science.'  He  saitb,  he  was  afterwards  made 
a  judge,  thooffh  he  thought  it  was  enough  to 
have  hindered  any  man  from  being  a  judge, 
#0 freely  to  declare  his  opinion  as  he  had  done." 


The   EXAMINATION   of  Sir   AMBROSE 
^       t^lLIPS,  taken  tlie  11th  of  December, 
1689. 

**  This  Examinant  saith.  That  he  knows 
•otfatngof  his  own  knowledge  concerning  the 
three  heads  mentibned  in  the  order ;  but  says, 
be  was  always  against  the  dispensing  power. 

**  This  Examinant  saith,  That  Aaron  Smith 
had  been  Kis  client,  and  there  had  been  a 
friendship  between  them  ;  and  therefore,  he 
thought  ne  jnight  have  prevailed,  with  him  to 
have  declared  what .  he  knew  ;  which  he 
tboo^t  would  have  been  a  service  to  the 
public,  and  withal  a  service  to  himself. 

«<  This  E^ihinant  saitb,  He  cannot  be<p^- 
tiye  whether  Mr.  Roger  North  gave  him  an 
order  to  go  to  Aar6n'Smith,  or  whether  he  told 
him,'  *  he  should  find  an  order  with  the  lieu- 

*  tenant  of  the  Tower  f  but  this  exaidinant 
iaith,  he  did  J[o  to  Aaron  Smith,'  and  use  the 
arguments  a  fnend  might  do  in  those  cirenm- 
atances ;  and  told   him,  *  he  .Was  under  an 

*  oblifpition  to  confess  .what  he  knew;'  and 
likewise  told  him,  '  he  came  not  to  trepan  him, 

*  nor  wpuld  he  diicbvet*  more  of  what  be  would 
'  tell^im  than  he  would  give  him  leave :'  but 
he  found  him  very  i-esolute,  and  so  h^f^irly 
took  his  leave  of  nim',  and  nev^  came  near 
him  more. 

<«  This  Examinant  saith,  That  he  bolierw 


he  might  say  to  Mr.  North,  Tliat  he  had 
*■  such  a  power  over  Mr.  Smith  as  to  per- 
*  suade  him  to  tell  what  he  knew  ;'  but  he 
saith,  That  nobody  but  Mr.  North  either  per* 
suaded  or  advised  nim  to  go  to  Mr.  Smith.'*' 

_  » 

The  EXAMINATION  of  Mr.  NATHANIEI^' 
GALE,  taken  the  1 1th  December,  1689. 

**  This  Examinant  saith,   That  be  knowf 
Josiah  Keelin&r ;  and  that  be  never  paid  hioK 
any  money  ;  but,  by  the  persuasiofi  of  Keel- 
ing's  mother,  he  procured  him  100/.  of  on« 
Mr.  Wolfe;  a  merchant,  to  supply  his  neces« ' 
sities. 

<(  This  Examinant  sait^.  That  Keeling  gav« 
his  bond  for  it,  and  paid  it  three  months  after, 
which  was  after  he  was  become  an  evidence.'* 


The  EXAMINATION  of  Mr.  JERVAS  SEA- 
'    TON,    one  of  the  lord  Russell's  jury, 
taken  the  11th  December,  1689. 

<<  This  Examinant  saith.  He  is  a  distiller  by 
trade ;  and  that  he  knows  not  Burton  nor  Gra-. 
ham,  nor  had  he  discoursed  at  any  time  with 
either  of  them ;  he  saith,  he  was  empaneled  by 
a  summons  left  at  his  house  by  thesheriffa 
officer. 

"  This-Examinant  saith,  That  he  heard  no- 
thing of  the  heinonsness  of  theknrd  Russell's* 
crime  befoE;^  tlie  trial,  nor  was  he  persuaded  by 
any  one  to  attend  the  trial ;  but  he  hath  been  ; 
of  juries  both  before  and  since  that  trial ;  and^ 
he  saith,  he  was  not  treated  after  the  trial,  no^^ 
dined  any  where  till  he  came  home." 


The  EXAMINATION  of  Mr.  THOMAS 
SHORT,  Drugrat:  one  of  the'  lord 
Russell's  jury,  taken  the  11th  of  Decem- 
ber, 1689. 

"This  Examinant  saith,  That  he  knows 
Burton  and  Graham  by  sight ;  but  hath  had 
no  discoui^se  with  them. 

<*  nniis  £)caminant  saith.  That  he  was  sum- 
moned to  the  lord  Russell's  trial  by  a  ticket, 
left  at  his  house  by  the  sheriff's  officer  ;  and 
saith,  he  was  not  encouraged  by  any  one  to 
attend  there,  nor  did  any  one  insinuate  to  him 
the'heinousness  of  the  lord  Russell's  crime. 

'^  This  Examinant  saith.  That  he  was  not 
treated  after  the  trial,  nor  was  invited  to  dinner ; 
he  believes  he  suppeid  at  home  ;  and  is  sure  he 
had  no  money  given  him  other  before  or  after 
the  trial." 


The  EXAMINATION  of  Mr.  WILLIA»{ 
BUTLER,  Harabuigh  merchant,  one  of 
the  lord  Russell's  jury,  taken  the  11th  of 
December,  1689. 


"  This  Examinant  saith.  That  be  halh 
Burton  and  Graham,  but  hafh  no  anquainlaacc 
with  them;  and  saith,  he  presuDMi the Bum« 
mens  for  him  to  attend  the  trial  was  left  at  his 
house. 


991]     STATE  trials;  35  ChAWEs  1L  l685.— Tr«  ^  ^enm  SOkey,    [jgf 


«'  This  EzamuMUit  taith,  That  he  had  no 
iDtioBatioii  of  the  heinoufiiesa .  of  the  kNnl 
R^ibsell'd  crimey  nor  was  eneounged  to  attend 
thattrtai* 

<«  And  fardMr  this  Examhiaiift  aaitb,  That, 
to  the  beat  of  his  remembrance,  all  the  jury 
were  at  the  sherifT's  treat ;  he  is  sure  it  cost 
1dm  nothing;  hesaith,  it  is  customary  ihr  the 
aheriirs  to  treat  the  jories  at  quarter  sessions ; 
and  M  for  Ro«se,  be  doth  not  know,  whether 
he  waa  there  or  not*' 


The  EXAMINATION  of  Mr.  JAMES  PICK- 
.  ERINO,    merchant,    one    of    the   lord 
Russell's  jury,  taken  the  llih  December, 
1689. 

^  This  Examhmit  saitb.  That  he  was  at 
Hr.  Gniham's  chamber  about  five  years  since ; 
but  korw  nothjoe  of  the  lord  RobmU's  crime 
before  he  was  of  Uie  jury ;  and  he  endeavoured 
to  get  off  tly  and  was  not  persuiukd  to  be  of  it. 

«'  This  Examinant  saitb,  That  the  jury  bad 
the  wual  treat  proTided  by  the  sheniis  ;  but 
knows  not  whether  Mr.  Rouse  was  at  it, 

*<  This  Examinant  saith,  He  spent  some 
PDOney  after  supper ;  but  he  hatiii  never  been 
•f  a  j«ry  of  liie  and  death  bat  that  titne." 


home;  andwunev^MJuryofhfe.iBdMh 
either  before  or 


)f 


The  EXAOTNATION  of  Mr.  THOMAS 
JBVE,  haberdasher,  one  of  the  lord 
Russell's  jnry,  taken  the  lltb  December, 
1689. 

«<  This  Examinant  saith,  That  be  saw  Bur- 
ton or  Grobam  about  seven  years  ago,  at  Mr. 
secondary  NormanselTs  office,  but  he  never 
apbke  with  either  of  them :  be  saith,  be  Was 
wmmoned  on  the  lord  Russell's  trial  as  was 
ugoal ;  bflt  nobody  M  insinuate  to  him  the 
heinousness  of  his  lordship's  crime. 

**  This  Examinant  saitL,  He  was  not  treated 
after  the  verdict ;  nor  doth  he  know  that  they 
had  either  any  dinner  or  supper. 

<<  This  Examinant  saith,  That  he  knows  not 
whether  some  of  them  went  to  the  tavern  and 
spent  their  own  lAiouey,  without  any  other 
body's  paying  for  them  ;  nor  does  he  remem- 
ber that  -Mr.  Rouse  was  with  them. 

«  This  Examinant  saith,  That  he  never  was 
upon  a  jury  of  lilb  and  death  till  then  ;  but  he 
hath  been  often  on  the  grand  jury  •'' 


The  EXAMINATION  of  Mr.  BOBEttT 
BROUGH,  Linen-dniper,  and  one  •( 
the  lord  Russell's  jury,  taken  the  Ufl^ 
December,  1689. 

<^  This  Examkittt  aaitb,  That  he  knm 
Burton,  bat  never  cared  for  his  oompiBy,  bi- 
eavse  be  was  a  proud  maB ;  ha  sailB,  nsMy 
diseoitfaBd  hhn  imat  the  k>rd  Rosseirseiae 
before  the  trial ;  and  he  oanoot  say  he  vis 
treated  after  the  trial  wiOi  either  a  sapper  « 
wine  I  nor  was  he  at  any  tieat  aaong  thai'' 
selves  at  any  time  after. 

«<  This  i^nonnant  saith,  That  he  bath  Ims 
often  summoned  on  Jtvies  \  bat  NsmiMll 
theaecoodary  washis  ^cieiid,  and  veitsget 
him  oiL 

<«  ThB  Examinant  saith,  He  stood  Bit  ftr 
from  the  Lord  Rumdl,  and  hishintabiphiathaB 

swear  him.  He  sHuth,  that  die  jmy  VM 
about  a  quarter  or  half  an  hour  iirdeliaoiig'bs* 
fore  the  vordict ;  and  that  Thomas  Oiabir,  «M 
of  the  jury,  writ  fh6  hrial  in  sheitrfaaBd,  nd 
re#dittothe)iiry. 
uXhii  Exammaat aaith, thai  ht hith  bett 

since  on  Webb's  aad  8t.  John's  Jmiei." 


The  EXAMINATION  of  Mr.  H.  NODEN, 

one  of  theiord  Russell's  jury,  taken  the 
11th  of  December,  1089. 

<«l%is  Examinant  saitb,  That  he  hath 
^!t  in  tobacco,  but  now  deals  to  sea  as.  a 
netchant,  and  hath  never  been  in  company 
eidier  with  Burton  or  Graham  ;  but  he  was 
■■■ineniii  to  be  on  the  kvd  Raasell's  jury^, 
h«n  never  hevd  of  his  crime  before  ;  nor  vi«s 
haeaeooragvd  by  any  to  nitcnd  tiie  jary. 

•'  Thin  fixaonnaBt  saith^  That  he  was  not 
traated  after  the  verdict  hut  went  diraetly 

8 


The  EXAMINATION  of  Mr.  WILLUM 
FASHION^  Scrivener,  one  of  the  loid 
Russell's  jury,  taken  the  lith  Devembfft 
1689. 

« This  Examinant  saith,  That  he  netdicr 
knows  Burton  nor  Graham,  but  wasiaiBOHiDed 
to  the  sessions  by  an  officer  leaving  a  ticket; 
and  that  he  knew  nothing  of  the  lord  1)^<b*^ 
trial  till  he  vras  sworn ;  nor  was  he  enoouiaged 
by  any  one  to  attend  it. 

•<  This  Exammaot  audi,  He  befievcs  W 
victnals  were  appohited  by  the  ^^P^^^^T^ 
jury }  and  be  sapposes  most  of  his  osfltfwflj 
vrere  there ;  but  it  wan  almost  csU;  he ]gid 
notfainf ,  nor  knows  he  that  any  body  d«  oi* 

i«  This  Examinant  sailh.  He  thinks  the  s^ 

ficcrs  carried  them  thither;  but  he  was  M 

last  man  who  went  oat.    He  saidi,  «^  J|*7 
wereabont  an  hour  before  they  bmughiiBM' 

▼crdict." 

The  EXAMINATION  of  Mr.  THOMAS 
OMEBY,  one  of  the  kird  Russell's  jwy, 
taken  the  l3th  of  iDeoember,  1689. 

•'This  Eacaminaat  saith,  That  he ^ 
tnrfnff  mcrtbaat  to  Basbaiy  and  8pa»jiJ  »• 
time»  the  lord  RusaelPs  trial ;  sad  »  J* 
neverhcttdorthelord  RMSsfl'^cnmetillM 

eame  to  the  trial.  -        .,^^,--1 

«  Thii  Bnminaot  mMt,  Bt  nertherjflwww 
Barton  nor  Graham;  nor  vras  he  enewry; 
by  any  to  atiaad  the  jmnf,  but  cndsavf«res 

*^»This  Examinant  saith,  Heknoiwi»«*{ 
n»M«ofthe  jwyi  Borwh«llwrKwiiir»»» 


993]  STATE  TRIALS,  35  Charles  il.  iGSS.-^for  Ifigh  ThoML  [994 


the  ttctA^  whicb  (as  was  then  said)  was  usually 
proiided  Wfhe  sheriff. 

^ "  This  £xaminpuit  saith,  He  looked  then  on 
liimself  to  be  worth  five  or  six  thousand  ftounds ; 
and  traded  till  withm  these^  three  years."  / 


The  EXAMINATION  of  Mrs.  JANE  MA- 
THEWS, taken  the  13th  December, 
1689. 

**  This  Examinant  saith,  That  she  can  say 
nothing  but  what  is  relating-  to  her  father ;  and 
as  to  him,  she  saith,  That  he  was  seized  and 
brought  from  on  board  the  yacht  by  the  lord 
Ck>dolph(n*s  warrant,  and  sent  to  Newgate; 
and  though  the  king  was  petitioned  that  he 
miffbt  haTC  coulftsel,  yet  none  could  be  admitted 
to  him,  norany  friends  to  speak  with  him  but 
in  the  presence  of  a  keeper. 

\'  This  Examinant  saith.  That  sir  William 
Wittiafbis  was  his  counsel ;  and  her  father  was 
all  the  time  kept  close  prisoner,  and  had  one 
chain  on  about  a  fortnight;  she  saith,  Mr. 
Richardson  beat  her  sister,  whilst  she  was  on 
her  knees,  asking  her  father's  blessing. 

*'  This  Exammant  sahh,  She  was  at  the  bar 
when  her  father  was  at  the  king's  bench  bar ; 
he  demanded  his  trial,  and  also  the  benefit  of 
the  statute  of  outlawries,  as  likewise  counsel 
in  matters  of  law ;  but  the  court  refused  him 
both  trial  and  counsel,  after  the  stotute  was 
reail :    Shr  Robert  Sawyer  said,   *  He  ho[>ed 

*  now  that  sir  Thomas  would  say,  he  rendered 

*  himself?'  To  which  her  father  repKed,  *Tliat 

*  he  had  been  kept  a  close  prisoner,  and  there- 

*  fore  could  not  do  it ;  but  now  he  did  render 

*  himself.' 

'^Tliis  Examinant  saith,  That  JeiTeries 
0ud,  ^  He  should  ha?e  done  it  before.'  Her 
&ther  revlied,  «  He  did  it  then,  and  that  that 

*  was  witbin  the  time  of  the  act. '    Jefleries  told 
him,  '  They  had  nothing  but  the  outlawry  to 

*  go  upon  ;  and  that  he  was  not  within  the  be- 

*  nefitoftheact.' 

«<  This  Examinant  saith.  That  her  father  de- 
manded the  benefit  of  the  hiw ;  the  lofd  chief 
justice  told  him  '  he  should  haf  e  that  to  the 
^  fuU ;'  and  immediately  ordered  his  execution ; 
and  the  night  after  his  sentence,  he  lay  chained. 
She  saith.  That  Withins,  Holloway,  and  Wal. 
cot,  were  his  three  other  judges. 

*'  This  Examinant  saith.  That  she  questions 
not  but  to  prove  the  lord  Howlird  perjured  ; 
ibr  her  father  said,  in  the  speech  he  left  behind, 
^  that  if  he  had  been  tried,  ne  could  prove  those 

*  base  reflections  the  lord  Howard  made  of  him, 

*  tofae  aU  yes  and  notorious  falsehoods,  and  that 

*  by  ten  gentlemen,  and  all  the  servaots  of  the 

*  house ;  for  he  was  at  dinner  that  day  at  Spar- 

*  row's  with  the  lord  Howard  and  others,  who 

*  swore  he  was  not  there.' 

>«ThiB  Examinant  saith,  That  when  her 
lather  in  court  said,  ^  My  blood  be  npoii  you !' 
(meaning  the  lonl  chief  justice)  Jeffenes*  said, 

*  I^  it,  let  it ;  for  he  was  clamour  proof.^ 


VOL.  IX. 


The  EXAMINATION  of  Dame  KATHE- 
.  RINE  ARMSTRONG,  taken  the  I3lh 
December,  1689. 

'<  Thb  Examinant  saith,  That  she  w<>nt  to 
the  cursitor  of  London,  to  demand  a  writ  of 
error  for  sir  Thomas  Armttroiig  after  his  trial ; 
and  told  him,  she  was  ready  to  pay  him  all  due 
fees  ;  but  he  refused,  and  told  her,  *  she  must 
*  go  to  the  attorney  general.' 

"  This  Examiuant  saith,  She  doth  not  re- 
member that  she  went  herself  to  tlie  attorney ; 
but  her  daughter  waited  on  him,  and  she  told 
her,  he  refused  it  likewise. 

"This  Examinaut  saith,  That  then  sh* 
demanded  it  publicly  in  the  court  of  chancery, 
of  the  lord  keeper  North  ;  but  he  told  her,  *  it 
'  was  not  for  him  to  give  it,  but  the  king ;» 
Whereupon  she  desii^  his  lordship  to  take  no« 
ticc,  '  That  she  demanded  it ;  and  told  him, 
( that  he  did  not  know  how  soon  it  might  be 
c  another  bodj^'s  case/  • 


The  EXAMINATION  of  Mrs.  KATHERINE 
ARMSTRONG,  taken  the  13th  of  De- 
cember,  1689. 

<<  This  Examinant  saith,  That  she  was  not 
at  the  bar,  when  sir  Thomas  Armstroi^  wai 
tried,  only  her  sister  Mathews  was  diere ;  but 
she  knows  that  captain  Ri«hardson  used  her 
father  very  Ul,  and  made  him  lie  with  a  chain 
on  one  leg.  \ 

'*  This  Examinant  saith,  That  Richardson 
would  not  suffer  her  to  see  her  father  alone ;  but 
was  very  rude  to  her,  and  struck  her  in  such  a 
manner,  that  she  had  so  sore  a  breast  with  tha 
blow,  that  she  could  not  put  on  boddicein  three 
quarters  of  a  jyear;  it  was  when  he  carried 
her  father  to  tne  council,  and  she  being  in  the 
outi^ard  room  to  the  council,  went  only  to  adc 
her  father's  blessing. 

*'  This  Examinant  saith.  That  she  waited  oa 
her  mother  to  th^  cursitor  of  London,  to  de* 
mand  a  writ  of  error ;  but  thou^  they  wet« 
ready,  and  proffered  to  pay  alfthat  could  he 
demanded,  yet  it  was  refused.  She  went  also 
on  the  same  errand  to  the  lord  keeper  Noxih, 
Mr.  Attorney  General,  and  the  lord  chief  jus* 
tice  Jeffcries ;  but  could  get  none. 


•Hie  EXAMINATION  of  Dr.  OWEN 
WYNNE,  taken  the  13th  December. 
1689. 

<<  This  Examinant  saifth,  That  he  knows 
nothing  Gonoeming  the  several  heads  m  the 
order ;  but  be  hath  neard  that  instruct  ions  %Tere 
given  by  Mr.  Brent  and  others,  as  to  the  regu^ 
lating  of  corporations ;  and  that  John  WiUiamSi 
Lewis  Owen,  and  William  Wynne,  were  em- 
ployed, as  he  hath  heard,  about  regulations  in 
Wales  *,  the  la$t  was  one  that  acted  ilnder 
them. 

**  This  Examinant  saith,  That  a  Com'mittiM 
met  at  the  lord  Sunderland's  ofBee  i^ut  it  \  but 
he  was  under  the  lord  Middleton. 

3S 


9ft5]      STATE  miAUS.  35  CrtAfttEB  H.  les^^TrielilfJtlgeKn^SUii^,    {^ 


^  I*  Tlib  Examinant  saitb,  he  knowA  not  who 

were  'tbe  public  assertore  of  the  dispensing 
power,  biit  as  h'e^*ea(]  in  print;  lie'beard  that 
the  judges  met  abopt  it,  and  only  one  was 
agafni;t  It ;  fte  ^aitb,  ^veral  warraiits  passed  the 
secretaries  office,  for  new  chtirters  to  corpora  • 
tidns." 


The  EXAMINATION  of  Mr.  feOGER 
NORTH,  taken  the  13th  of  December, 
1639. 

<^  This  fexaminftnt  saitb,  Th^it li&]^r6curcd!no 
order  for  sir  Ambrose  Philips  to  go  to  Aaron 
Smith  in  the  Tower;  nor  doth  he  beUeve 
thtit  ever  he  had  any  discourses  about  that 
todtu^. 

**  This  fexaminant  saith.  He  is  confident  he 
never  delivered  him  aby  such  order ;'  nor  did  he 
tell  him  that  he  should  find  any  such  order  at 
the  Tower-;  nor,  to  the  best  of  his  remem- 
brance, did  he  e?er  know  that  there  vns  ahy 
such  order. 

.  * '  And  this  Examinant  saith ,  Tl|at  sir  Ambrose 
Fhilipis  (loth  niight^y  misr^member,  if  lie  says 
he  Bad  any  sucli  order  froin  him :  ;R)i:>;if  he  had 

grocured  him  such  an  order,  he  could  not  bat 
We  remetntten&d  it,  atid  Vi^rily  belieres  he 
thotild  haye  remembered  it,  which  he'doth  hot ", 
And  be  saith,  that,  to  his  ktiowli^ge,  h^  never 
m^dfed  in  stich  matiers." 
•  «  The  Mtirquis  of  Hklifax  was  lord  (irlvy  te&l 
from  October,  1682,  to  Februaty  1684,  in  which 
time  i5i*]Ety-sfac  'charted  were  granted,  where- 
MT'oue  pa!>5ed  hAmedidt^.  No  dispen^ions 
passed  in  thit'time.  Iti  that  time  forty-due 
pardons,  ivith  Nbnt)bdt&ntcs  and  clauses  with 
d^>ie^satioi]9,  were  gradtc^,  whereof  three 
J^aned  Mnediate, 

'•*  The  earl  df  Clatefldoti  was  lord  Jitivy  seal 
fhmi  F^bnAiry  1684  tb  Decettb^r  1685,  in 
which  time  ninety-four  charter^  were^^niuted, 
trhertof  Seventeen  ^^^'tntmtdiaU.  Nb'dis- 
pcfnsationfs  pnssH^d  in  that  time.  In  thst  'time 
ten  'pardbns,  T^ith  Nbh  Obstatitv^  and  'clauses  j 
fHth  digpeh^atfonis,  were  granted,  where6fW<>; 
fM!isse<l  immediate.  i 

"Tiie  lord  TivditaViti  others  ivereCotn-l 
mifi$i6ne'rs  Of 'the  pHvy  seal  from  December 
1685  to  March,  1686-7,  in  which  time  twenty- 1 
six  charters  were  granted,  which  passed  the  of- ! 
fice  in  the  usual  manner.  Dispensations,  witli' 
ibd  penal  laws,  in  ihat  time  were  eight,  whereof 
bne  was  immediate.  In  that  time  seventy  par- ' 
dpns,  with  Non  Obstantes  were  passed,  where- 1 
of Oft^  ofthbm  immmat^,  I 

"Tlie  lord  Arundel  of  Wardour  w<s  lo«l 
|irhry  seal  from  March  1686-7  to  the  4  of  Jac. 
S,  m  which  time  ftfly-six  charters  were 
granted,  whereof  fbrfy  passed  immidht^.  Dis- 
pensations m  that  time  tyere  thirty-tive,  whereof 
three  'passed  inmiediat^.  Tn  that  thVie  forty-five 
luMftns,  with  Non  Obstantes,  -Jia^scd,* whereof 
twenty  five  immediate." 


Li'' 


Will,  ai  d  Mary.  No.  XXIV. 

Aa  Act  for  anonlliDg  and  making  void  iha 
Attauider  of  ALGERNON  8U)NBY« 
esq;» 

Whereas  Algernon  Sidney,  esq.  in  the  tenn 
of  St.  Mfchael,  in  tlfe  351b  year  oTtbe  i^iga  ^ 
oar  hite  sovereign  lord  king  Charfek  the  Sad,  is 

•  "  The  purport  of  some  bills,*  aays  Mr. 
Hatsell^*'  (2  Precedents  ofrroceedingsla  dw 
House  of  Commons,  387)  "  mustncce^arilylie 
commuhicatVI  to  theking  even  before  tbey  anc 
presented  as  Bills  for  the  reversal  of  attajoders 
or  outlawrieis,  and  for  restitution  in  blood.'^ 
And  in  a  Note,  be  adds,  **  The  Bill  to  're%cr» 
the  Attainder  of  lord  Hussellcame  to  theHoiae 
of  IJords  in  paper,  u  ith  the  king's  name  in  die 
margin  and  recommending  the  biD.  It  was  re- 
ceived by  the  Commons  without  any  recon- 
mendation, passed  through  that  IIoase,aDdbid 
the  royal  assent  as  a  private  \n\\ ;  and  we  samp 
proceeding  was  had  in  the  case  of  the  reversal 
of  Algernon  Sidney's  .attainder.  Bat  m  the 
bill  forVestoring  Basil  Hamilton  inblooii,  the 
bill  had  the  kii^s  ^igiv  manual  at  the  top  of  the 
engrossment,  and  was  ]^resented,  so  eDgrossed, 
and  sign,ed  by  the  king,  totheliords.  But  Hu^ 
was,  as  tlie  vlerk  of  the  Hoyse  of  Lords  t^u 
'jne,  a  mistake.  See  the  '22d  of  May  17SS. 
Conamons'  Journal?^ 

On  the  first  reailing  in  the  'Coddoh 
of  the  bill  for  reversing  t^e  Attainder  of 
Iprd  Russell,  the  following  debate  took  pliet 
(S(  e  5  Col>bet^s  Pari.  Hist.  109). 

Mr.  Finch,  I  sec  inahy  geotlemeos' e^'csait 
upon,  me ;  thercibre  I  stand  up  to  gire  an 
ac^unt  of  my  rdisoiis  for  the  part^IactediD 
that  unfortunate  bustness^Jrtiat  may  more  in* 
mediately  concern  n>e>    ^ae  was  takeo  down' 
to  <mler,   not  speaking  properly  agaiast  tbi 
bill.  J    I  tim  easily  satisfied  with  the  detenni- 
nation  of  this  House.    I  am  sure,  my  motioa  it 
for  reading  thq  bill  a  second  time.    Istuid 
up  only  for  one  clatise  in  the  bUl.   ^vcry  ga}- 
tleman  knows,  as  well  as  myself,  that  a  coasja* 
racy  to  levy  war  against  the  king,  is  treawa, 
by  the  Statute,  23  £dw.  S.    [He  was  tfkm 
down  agaiQ  to  order.]    Give  me  leave  to  findh 
cate  myself;  what  1  shall  ofo  will  be  ray 
short;  the  reasons  Thad  to  uige  that  pout 
of  treason  :    if  kiw-books  have  led  me  in  at 
wrong,  I  am  ready  to  rectify  my  OpiffioD,  wh^ 
ther  to  conspire  without  levying  nar  be  treasoa* 
It  is  to  conspire  the  king's  death,  to  km  bin 
in  custody  till  such  things^  be  doae.  -i\^ 
conspire,  as  in  the  «a8^  ofDf .  Storey,  to  in»* 
a  foreign  prince  toinv'ade  the  kiogdom,  tbosp 
nothing  Ibllowed  upon  it.    It  was  freasoaw 
lord  Cobham's  case,   upon  debate  a£  al)  the 
Judges,^  in  the  Retort,  « conspiiacj  to  1^ 
war  against  the  kipg,  was,  to  conspire  •$"** 
;the  lite  6f  tije  kinff .'    To  fliro w  open  all  uie»- 
surerjgenerally  aU  ovey  thp  kingaoni,  WM  ""• 
case  of  ttte  Miller  of  Oxfordshire,  w^JJJ* 
actually  ezecttted.  -IJpon  Ibis  the  mK<^ 


STAVB  TRIALS,  35  Chahlbs  H.  iS^.—fk-  tBgh  TWaton. 


'99fi 

t^  o<mrt  of  Kuig^-BeDoh  $t  Westminster,  by 
m^tosofiin  iH^Bp&l^  retqrn  of  juroFB,  and  by  de- 
nbiloflittlawrai  challenges  to  divers  of  theni, 
for  want  of freeliolc),and  withontsuffictent  legal 
-  CTid^o^e  of-any  tresusoh^  committed  by  him  ; 
there  being  at  that  time  produced  a  paper  fbond 
in  the  closet  of  the  said  Algernon,  supposed  to 
be  his  band  writing,  whicli  was  not  provedlty 
the  testimony  of  any  one  witness,  to  be  written 
bybim  ;  but  the  jury  was  directed  to  beliereit 

by  cofipfiKing  if  ^^  ^^  V^Dgs  of  the  said 
Algernon ;  tesides  that  paper  so  procluced, 
tbire  was  but  one  witnesfi  to  prove  any  matter 
against  the  said  Algernon ;   and  by  a  partial' 

•lands  in  books.  Any  general  design  (though 
not  immediately  against  the  king's  penon)  to 
keep  him  in  custody,  tiUhehadconttrmedaDy 
thing  that  the  people  would  have,  is  treason; 
asinthe^aseof  Rea  and  Ramsey^  in  Rush- 
'worth's  CioUection — ^To  raise  war  against  the 
king,  all  the  Judges  declared  it  treason.  Hav- 
ing aaid  this^  it  is  authority  eiAOugh  £br  any 
lawyer  to  do  what  I  did.  Whe&er  the  Judges 
were  in  the  wrong,  I  shall  not  detecmine.  [He 
was  taken  down  again  by  1 

Sir  Henry  Gtw/rkk,  It  is  strange  to  me  to 
JkMtr  that  learned  gentleman  vindicate  hUnself, 
wben  nobody  aocuaes  him,  and  thereby  to 
asraign  tbeju^ceoftbe  Bill  for  repealiogthe 
iHu-barity  of  this  attainder  by  tl^is  murder.  This 
is  not  to  be  suffered. 

The  Speaker,  The  learned  gentleman,  from 
his  own  vindication  in  the  part  be  acted  re- 
lating to  this  noble  lord,  haif  let  himself  into 
law-books,  against  the  orders  of  the  house. 

Ur.  Fineh^  I  ask  pardon  of  the  house. 
What  I  said  was  not  against  order,  since  the 
house  save  me  Wve  to  vin^cat^  mysdf.  I 
only  showed  yon  what  I  had  read,  and  am*^ 
from  arraignins*  this  noble  person  ;  I  did  not 
intend  it,  and  bare  as  much  respect  foe  tibis 
noble fiunily  as. auy  body.  And  now  I  have 
vindicated  myself  as  to  my  proceedings  in  mat- 
ter of  Jaw,  1  desire  th^  Bill  may  be  read  a  second 
time. 

Sir  Henry  CapcL  For  respect  to  the  family 
<nd  the  memory  of  this  noble  lord,  I  am  sorry 
tbb  gentleman  did  speak  ;  and  Jo  vindicate 
the  memory  of  this  noble  lord,  read  the  bill 
presently.  Me  has  cited  book-cases  to  justify 
bis  proceedings,  &c.  which  is  properi^  at  a 
second  reading.  I  am  surprized  at  this  gen- 
tleman's proc^^iugf  uid  am  sorry  he  has  pro- 
ceeded so&r. 

8ir  Wm,  BuUeney.  I  hare  as  much  honour 
lor  this  person,  ^d  noble  &mily  as  anybody, 
but  I  would  keep  up  order.  1  would  not  have 
the  Bill  read  a'second  time  now,  but  to-morrow. 
This  learned  gentleman  did  make  a  vindication 
of  himsdf.  f  will  not  undertake  to  answer  him 
presently  ;  1  may  have  occasion  to  anpwer  him 
to-moRow. 

Sir  Bokert  Homatd.  I  cannot  name  lord 
Russell  without  disorder-  I  would  neglect  all 
things  toread  this  BUI  a  second  time.  P^haps 
llMMttaed  geBtleman  may  tell  us  how  large 


f99« 


and  ui\)ust  construction  of  the  statute,  Beclarine 
what  was  his  treason,  was  most  unjustly  and 
vvrongjiiilly  convicted  and  attainted,  'm^kfjxr- 
wards  executed  for  ht||(i  treason  :  May  it  there- 
fore please  yonr  mostexcellentniatesties,  at  (Afi^ 
humble  petaioQ  and  request  of  the  nAi  ho- 
nourable Philip  earl  of  Leicester,  brother  and 
heir  of  the  said  Algernon  Sidney,  and  of  the 
riffht  honqun^ie  Qepiy  viscount  Sidney,  cf 
Sheppy,  in  the  oonnty  of  Kent,  the  other  bro- 
tWofthe  said 4t8)fn)9u,  That  it%ededared 
and  enacted,  and  be  it  enacted  By  tfaie  King's  and 
keen's  most  exceUeot  miyestiea,  by  and  with 
tbj^  adrice  and  consent  of  the  Lonb  Spiritual 
and  Temporal,  and  Commons,  in  this  present 
parliament  asiembled,  and  b^  the  authority  of 
the  same,  Thattbe  said  conviction,  iudgment, 
andat^iiideroftbe  said  Algernon  Sidney  be, 
and  are  repealed,  reveised,  made  and.  decfared 
nail  and  void,  to  ail  intents,  constructions,  and 
purposes  whatBoever,  and  as  if  no  suck  con- 
viction, judgment,  or  a^aindcc  bad  ever  been 
had  or  giveu : .  and  that  no  cocruption  of  bfood, 
or  other  penalty,  or  forfeiture  of  konoucs,  digni- 
ties,  goods,  chattels,  lands,  tenements,  or  here- 
ditaments, be  by  the  said  conYictioi(i .  and  at- 
tainder incurred »  &ny  law,  usage,  or  custom, 
to  the  contrary  notwithstanding.    And  lo  the 

endtliatriglirbe  done  to  &e  memory  of  die 

■ 

the  law.  is  tlien  ;  it  is  a  sufficient  thmg  to  name 
that  noble,  lord,  t  am  not  able  to  say  dny  more ; 
but  pray  read  the  bill. 

8vTko.  lee.  This  Bill  declares,  ttha|tbe 
law-Woks  the  learned  gentleman  bas  quoted 
were  wrong ;'  and  if  he  doubts  it,  iife  reacting 
it  s  secoo4  time  will  set  that  pa^  righ^^-Tbe 
BiU  was  read  a  second  lime. 

Mr.  BoKowen.  I  hare  hearkened  diligintlT 
to  the  learned  person's  Law-cases.  By  tlw 
fljith  (if  £dw.  3.  Wioar^  Judges  bd-e  of  thetr^e 
intent  of  that  statute;  ^nd  I  would  base  it 
read  [which  was  done3-  |  ohserve,  hy  that  sta- 
tute, the  abridging  treason  pertain,  fwhich  wa» 
bc&re  uncertain,  for  favour  of  tbe  sulueet'.  It 
seems  to  me  strange,  if  compafinng  me  death 
of  the  king  sboald  betceasou,  and  wryiqgwar, 
in  another  place  of  the  statute :  if  that  be  false, 
it  must  be  taken  out  of  the  bifl.  To  me  it 
seems  to  be  a  great  wasting  of  the  law.  '  It 
seems  to  be  a  transcendent  wreskmg  of  the  law. 
pray  fead  the  bill  a  third  time.       " 

a'r  7Ao.  Ciarget:  I  think  the  BiU  is  care- 
fully penned,  and  I  tiilnk  the  must  that  loril 
Russell  could  be  guilty  of,  was  but  misprisioB 
of  treason,  war  Ming  not  actually  levied. 

Sir  Tko.JUe.  If.there  be  no^ectioii  against 
the  Bill,  it  need  not  be  committed. 

Sir  Tho,  Ciarges.  In-  one  clause  of  theBil 
there  may  be  two  or  thre^  words  left  out.  Tt 
is  said,  .''It  is  at  the  request  of  the  earl  oi 
Bedford  and  lady  Russell  only.'  The  justbe 
of  the  nation  is^n^eaterto  you  than  on  any  par- 
ticular person  ^s  inducement.  This  Bill  i»  not  ex 
^Mt  ja,  all  the  nation  is  concerned  in  it.  Wbea 
It  is  ejs  gratia^  it  onj^ht  to  be  signed  by  tb» 
kmg.'— The  BiU  was  ordeiied  tQ  be  committed. 


9999]     STATE  TRIALS,  35  CuARtES  IL  \6^.^Trkl€fAlg€rmm  SUmg,    [loeo 


.  said  AtemaoD  Sidney,  deceased,  be  it  further 
eaactet^  That  all  records  and  proceedingB  re- 

.latinff  to  the  said  attainder,  be  wholly  can- 
celled, and  taken  oflf  the  tile,  or  otherwise  de- 

.  iaced  .or  obliterated ;  to  the  intent  that  the 
same  may  not  be  visible  in  after  ages :  And 


that  the  records  and  ]iroeeediBg8«f  and  toUis 
^d  conviction,  jadgment,  and  attainder,  in  the 
said  court  of  Kin^'s-bench  now  renaioin^, 
shall,  and  be  forthwith  brought  into  the  said, 
court,  this  present  Easter  Term,  and  then  and 
there  taken  off  from  the  fileaaJ  cancelled. 


Remarks  on  Colonel  Algernon  Sidney^s  Trial.  -  By  Sir  John 
Hawles,*  Solicitor  General  in  the  Reign  of  Williatn  the  Third. 


.THE  lord  Russell  bemcf  executed,  and  the 

Ininie  day  what  was  called  bis  speech  being 

published,  than  which,  nothing  in  print  Mas  so 

eagerly  accepted  or  sought  afler,  which  shewed 

.  the  inclination  of  the  people,  there  was  some 

respite  for  quieting  the  mmds  of  the  people ; 

bat  it  was  not  to  stop  there,  as  Colledge  said  ; 

«ad  therefore  colonel  Sidney  (who  was  talked  to 

death  under  the  notion  cf  *n  commodwealth's- 

.  man)  was,  the  7th  of  Noreinber  168S,  brpught 

.  to  Westminster  to  be  arraigned  on  an  indictment 

of  high  treason.    The  indictment  at  the  time 

he  came  to  the  hall,  was  so  far  from  being 

•  found  by  the  grand  jury,  that  it  was  not  so 
Diucb  as  presented  to  them ;  but  the  king's 

•  counsel,  who  had  packed  the  jury,  knew  well 
enmtgb  that  it  would  be  accepted,  that  is,  found 
iipoii  sight  by  the  jury,  without  any  tx>nsidera- 
lion ;  which  was  accordingly  done,  and  colonel 
SidBey  tbereopon  arraigned.  The  indictment 
was  for  designing^  to  clepose  >  the  king,  and 
to  persuade  we  king^s  subjects  to  rebel; 'and 
that  he  did  write  a  certain  libel,  wherein  it  was 
contained,  that  he  (meaning  kin£f  Charles  the 
second)  is  subject  to  the  law  of  God,  as  he  ^  a 
man  ;  to  the  people  who  made  him  such,  asa 
king,  &c.  To  which  indictment  he  would 
have  put  in  some  exceptions,  exprest  in  a 

jnrchment  in  hi?  hand,  but  was  told  by  the 
court  he  must  either  plead  or  demur,  and  upon 
no  other  terms  exceptions  could  or  ought  to  be 
admitted ;  after  which  he  pleaded  not  guilty; 

The  31st  of  November  be  was  tried,  at  wniclu 
time  he  insisted  to  have  a  copy  of  his  indict- 
ment, as  he  had  done  when  he  was  arraigned; 
but  was  both  time»  denied.  The  tirst  witness 
tffainst  the  prisoner  was  Mr.  West,  against 
whom  colonel  Sidney  objected,  because  he  was 
.aot  pardoned;  but  it  was  answered  by  the 
court,  that  he  was  a  good  witaess  in  my  lord 
RosselPs  trial,  and  therefore  should  be  in  that. 
Then  colonel  Sidney  desired  Mr.  West  might 
lapeak  nothing  but  what  he  knew  of  colonel 
8idney  y  but  was  answered  by  the  court,  he 
^nigbt  give  evidence  of  a  plot  in  general,  though 
colonel  Sidney  was  not  concerned  in  it;  and  it 
tras  called  sir  William  Jones's  law.  Then  Mr. 
West  went  on,  and  gave  evidence  of  what  co- 
lonel liumsey,  Mr.  Neltborp,  and  Mr.  Fergu- 
son told  hin\  of  colonel  Sidney ;  but  of  his  own 
knowled;,re  he  could  not  say  any  thing  of  the 

..  f  Seehis  Kemarksattheend  of  the  Cases 
aif  Filashanris,  Colledge,  lord  Shaftesbury^  the 
Otjr  of  Loodfin*  apd  Msd  RusseUL 


prisooer.  Rumsey  gave  a  like  evidence  he  ha4 
done  in  my  lord  Russell's  trial,  with  an  addi- 
tion of  what  Mr.  West  and  Mr.  Goodfnoii|[fa 
told  htm;  Keeling  gave  evidence  of  wMt 
Groodenoi^fh  toM  him;  all  which  the  oooit 
agreed  was  no  evidence  against  the  pmoner. 
Then  the  lord  Howard  gave  the  like  evidenee, 
from  the  middle  of  January  to  that  time,  u  he 
had  done  in  the  lord  RosselPs  trial,  saiing ibst 
he  said  the  earl  of  Shaitesbury  was  broogiit 
into  the  cabal,  who  was  not  mentioned  bdbre; 
and  save  that  he  said  the  meeting  at  my  Ind 
RusselPs  was  about  a  fortnight  or  threeweda 
after  the  meeting  at  Mr.  Hampden's;  whereti 
in  my  lord  RusselPs  trial,  he  says  it  wa«  about 
ten  days  after  th^  meeting  at  Mr-  Hampdea't 
house:  and  here  he  makes  two  notable speedM 
tor  Mr.  Hampden  at  the  opening  of  the  conioll, 
both  which  he  had  forgotten  at  mylord  fivf- 
seiPs  trial,  nor  could  remember  at  Mr..  Hamp- 
den's  trial,  though  in  the  last  he  was  led  by  a 
great  many  questions  to  put  him  in  mind  of 
them.  After  his  evidence,  given,  colonel  Sid- 
neywas  asked,  whether  he  would  ask  die  wit- 
ness any  questions  ?  Who  answered,  be  bad  iM> 
questions  to  ask  him ;  whereupon  theattoniey- 

general  said,  ^  Silence You  know  tbe  pii>- 

*  verb.' 

The  record  of  the  lord  Russell's  coovictioQ 
and  attainder  was  given  in  evidence.  Sir  An- 
drew Foster  swore  sir  John  Cockram  and  tbe 
two  Campbells  came  to  London.  Sir  Pbilip 
Floyd  proved  the  seizing  of  some  papen  ia 
the  prisoner's  house,  and  he  did  believe  tbe  f«- 
pers  shewn  in  courtto  be  some  of  them.  Sbep- 
pard,  Cary,  and  Cook  swore  the  writing  jprv- 
duced  was  like  the  prisoner's  hand-wriliiig« 
The  attorney -general  desired  some  part  of  oe 
writing  should  be  read;  the  prisoner  desired 
all  of  it  might  be  read,  but  was  answered  by 
the  court,  tliat  the  attorney  must  have  what 
part  of  it  he  would  to  be  read,  and  aftervanb 
the  prisoner  should  have  what  part  of  it  be 
would  to  be  read ;  but  he  pensBsted  to  desire  all 
of  it  shoukl  be  reail.  Then  the  writingj"^ 
read  (which  was  plainly  an  answer  to  a  booK, 
but  what  book,  was  not  mentioned)  in  wbin 
the  right  of  the  people  was  asserted.  Tlie  eari 
of  Anglesey  gave  the  same  evidence  Iw  ^ 
prisoner,  of  the  lord  Howard's  speaking  of  vy 
lord  Russell,  and  tbe  plot,  as  be  bad  done  n 
my  lord  Russell's  trial.  .  Tbe  earl  of  ClareaaHl 
that  the  k>nl  Howard,  after  colonel  Sidoeri 
imprisonment,  said,  if  be  was  questiooed  agai^ 
he  would  never  plead;  the  qmckeft  disp>t>>* 


1001]         STAT£  tklALS,  35  CoABLBfi 

was  the  best,  be  was  sure  they  would  hare  his 
life ;  and  speaking  of  the  primate  of  Armagh^s 
•prophecy,  tie  said,  the  persecution  was  began, 
«nd  he  believed  it  wotud  be  very  sharp,  but 
booed  it  would  be  short;  an<l  ^i^,  he  thought 
•cOMNiel  Sidney  as innofc^t  as  auy  man*  breath- 
*^.6r>  ST^^'^  hini  great  encomiums,  and  bemoaned 
bis  mistbrtunes ;  and  as  for  oo).  Sidney's  pa- 
pers, he  said,  he  was  sure  tliey  could  make  no* 
thing  of  them.  Mr.  Philip  Howard  said,  the 
lord  Howard  said  it  was  a  sham -plot;  Dr. 
Burnet  gave  the  same  evidence  as  he  did  in 
my  lord  RuaseU's  trial.  Mr.  Jiiicas  gave  evi- 
dence, that  the  lord  Howard  said  he  koew  no- 
thing of  ool.  Sidney's  behig  in  any  plot.  The 
lord  Paffet  gave  evidence  to  the  same  purpose. 
Mr.  Edward  Howard  gave  evidence  to  the 
•ame  purpoee.  Tracy  and  Penwick  gave  evi- 
Aeneetotheiuunepttrpoae.  Mr;  Blake  testi- 
fied, that  the  lord  Howard  said  he  had  not  his 
pardon,  and  could  not  ascribe  it  to  any  other 
reason,  than  that  he  must  not  have  it  till  tiie 
drudgery  of  swearing  was  over.  Now  to  re- 
view wluU  hath  been  said,  it  is  j^trange  to  see 
what  a  progress  was  made  in  the  resolutions  of 
points  of  law,  to  take  away  a  man's  life  ;  so 
say  it  in  col.  Sidney's  words,  as  if  the  court 
•nd  counsel  thought  it  theiraduty  to  take  away 
a  man's  life  any -bow.  Mr.  West,  and  several 
others,  are  admitted  to.  give  evidence  by  hear- 
say against  the  prisoner,  and  their  evidence 
afMnnied  up,  and  urged  as  evidence  to  the  jury ; 
and  the  reason  given  for  it  was,  that  he  was 
admitted  a  good  witness  of  a  like  matter,  in 
the  lord  RosseU's  trial ;  which,  besides  that  it 
was  not  true,  for  it  was  rejected  in  that  trial,  as 
it  appears  it  was  in  the  pnnt,  yet  if  he  had  been 
admitted,  of  na  authonty,  as  col.  Sidney  said, 
because,  perhaps,  he  was  not  excepted  to.  Of 
a  like  stamp  is  the  eviilenoe  of  the  conviction 
of  the  lord  Russell ;  though  I  agree  the  -lord 
Russell's  conviction  was  as  &food  evidence 
against 'Gol.  Hidne^s  as  the  earl  of  Essex's  mur- 
4#  was  against  my  lord  Russell,  and  no  better. 
^e  same  may  be  said  of  Rumsey,  Keeling, 
Forster,  and  Atteibury's  evidence.  Against 
the  lord  Howard's  evidence  there  were  the 
same  objections  as  in  the  lord  Russell's  trial, 
with  the  addition  of  several  other  persons  testi- 
fying he  said  he^  knew  not,  nor  believed  any 
tfiing  of  the  matter ;  and  that  he  could  not 
have  lus  pardon,  till  he  swore  others  out  of 
their  lives,  which  in  truth  was  tlie  sense  of  his 
expressions. 

The  king's  counsel  indeed  had  thought  of 
aomething  since  the  trial  of  my  lord  Russell, 
la  palliate  the  <  matter  of.  the  lord  Howard's 
saymga,  (for  they  leaned  hard  upon  bis  reputa- 
tion^ and  looked  as  if  he  would  perjure  him- 
self'at  the  expence  of  some  persons  lives,  as 
Iris  words  are  in  iSbe  lord  RosseU's  trial). 
Would  you,  say  they,  have  had  him  confessed 
the  matter  to  theae  persons  to  whom  he  had 
denied  itP 

1  think  diere  is  a  dillbrenoe  between  con- 
fessing and  denying .  Who  a<dced  him  .tlie 
question  ?    What  did  it  avail  him  to  deny  itio 


n.  1683«— /or  Bigh  Treoitm.       ,  [1002 

the  persons  teatifymg  against  him;  alid  there- 
fore when  he  voluntarily  said  a  thing  nntruei 
unasked,^  not  provoked  or  compeiledto  do  it, 
and  which  could  do  him  no  good,  it  was  good 
evidence  of  hn  untruth,  and  that  no  credit 
ought  to  be  giveft  to  what  he  swore. 

As  for  the  last  part  of  the  evidence,  which 
was  about  the  writing,  both  the  indictment  and 
the  evidence  was  defective. 

As  for  the  eridence,  if  the  subject  matter 
of  the  writing  had  been  evidence  of  treason, 
the  indictment  outi^lit  to  have  expressed  that  he 
published  it,  which  the  indictment  in  this  case 
did ;  and  upon  good  reason,  which  was, 
that  the  jury-,  might  be  put  in  mind,  that 
the  publishing  of  it  was  necessary  to  make 
it  known ;  whereas  they  very  well  knew 
tliat  the  evidence  wotild  not,  nor  did^  come 
up  to  it.  This  was  the  first  indiptmcnt 
or  biffh  treason,  upon  which  any  man  lost  bia 
life,  ror  writing  any  thing  withtout  pnUishiag 
it ;  for  in  ,  Fitzharris's  indictment,  he  was 
charged  with  publishing  his  libel  (  and  so  m  all 
other  indictments  for  writinff«  and  upon  good 
iceason :  for  tlus  being  nude  an  overt  «^  of 
treason,  it  must  be  an  evidence  of  a  design  t6 
kill  or  depose  the  king,  or  the  like ;  and  as  the 
consequence  of  what  the  writing  oontaaned, 
which  was,  that  the  power  was  in  the  people^ 
&c.  beittg  in  its  nature  no  other,  nor  uived  bj 
the  king's  counsel  to  any  other  intent  than  t6 
corrupt  the  subjects  mindi,  could  not  be  evi* 
denoe  of  such  matter,  unless  proved  he  had 
writ  and  published  it,  whereof  the  last  was  not 
pretended  to  be  proved. 

That  it  was  necessary  to  be  expressed  in  the 
indictment,  and  oroved  at  the  trial,  appears  by 
the  resolution  or  all  the  judges  of  £i^land  in 
Hugh  Pine's  case,  reported  in  Cro.  Car.  foU 
117,t  at  e  time  when  prerogative  run  pretty 
high  ;  wherein,  besides  the  resolution  that  no 
words  charging  the  king  with  any  personal 
vice  was  treason,  there  is  the  case  of  one 
Peachain,  in  the  3dd  of  Henry  the  Eighth, 
cited,  who  was  indicted  for  treason,  for  trea- 
sonable passages  in  a  sermon  never  preached, 
nor  intended  to  be.  preached,  hut  found  in  writ- 
ing in  his  study;  he  was  found  guilty,  hot 
never  executed  {  for  many  judges  at  the  time 
were  of  o|»nion  it  was  not  treason,  as  the  book 
says :  which  1  think,  according  to  the  evidence 
here  given,  was  the  express  case  of  col.  Sidney, 
admitting  he  writ  the  hook  produced,-and  that 
the  passages  in  it  were  treasonable. 

x\nd  as  this  indictment  was  an  original  in  the 
paiticular  before  mentioned,  so  it  was  a  second 
of  an  innuendo  indictment  of  treason ;  Pits* 
harris  was  the  first.  The  prosecution '  against 
Car,  as  I  remember,  was  an  information,  and 
judgment  arrested  after  a  verdict,  because  it  wag 

*  See  some  casuistry  of  Dr.  Johnson's,  re* 
ffipecting  a  voluntary  declaratk>n,  ,  by  Mr. 
Burke,  that  he  was  not  the  author  of  the 
*•  liters  of  Junius,'  m  BosweU's  Life  of  Dr. 
Samuel  Johnson. 

t  See  il  in  this  Collectiony  vol.  3,  p.  S59« 


1 


1003]    SI^T£  ISIiULS,  $S  CHAftLKi^  U.  l6a3.-r-nttf  §fAl^tm0ii  Sth^,   [tOd4 


lyinn— wdis  oif  wly<^  09  prpyiiml  ooidd  he 
pradiioq4 ;  ttnd  ahfaoo^  m  adioMi  ft*  wonb  it 
was  permitted,  yel  iacrimiDal  nifttteni,  bemg 
feoft],  it  ms  Msplved  k  ouglU  not  lo  h%  per- 
■utted,  and  cevtainly  moon  less  in  trcnron; 
and  as  this  indielnient  waa  an  original  in  ono 
pad,  and  a  aeoond  in  another,  the  evidence  on 
il  waa  an  original  in  another  part,  which  waa 
proving  the  Srak  produoed  to  be  ooL  Sidney's 
writing,  because  the  hand  was  like  what  some 
of  the  witnesses  had  seen  him  write;  an  evi- 
dence never  permitted  in  a  criminal  matter  be- 
fore. The  case  oi'the  lady  Cam  waa  well 
eited  hy  col.  Sidney,  against  whom  tiiere  was 
•n  imuetment  or  miormatioB  of  perfury ;  in 
wthich  it  leas  resolved,  that  eonpasison  of  niuids 
was  no  evidence  in  any  criminal  praeecution: 
'And  it  must  be  owned,  that  at  that  time,  besides 
Mealing  and  Twisden,  there  then  sat  in  that 
oaiut  sir  Wadham  Windham,  whom  all  will 
«wn  to  hiive  been  the  second  best  judp^e  which 
sat  in  Westmibster-hatt  since  the  kmgHi  re- 
atocation :  and  if  it  be  not  evidence  in  a  prose- 
ontipn  of  misdemeanor,  much  ksa  in  treason, 
as  eal«  Sidney  said;  which  inference,  besides 
the  reason  of  the  thing,  is  backed  by  the  antho- 
vity  of  mvlord  Coke. 

But  amnttting  ool.  Sidney  wrote  that  book, 
Sttd  ^blished  it ;  yet  if  it  were  not  done  with 
a  design  to  stir  the  subjects  up  into  a  rebellioa, 
but  was  writ  and  puUished  only  ^dispotandi 
mtia,'  as  the  import  of  the  books  shews 
plainly  it  was,  it  was  no  mose  treason,  than 
the  discoarse  between  Blague  and  Mate  Lee 
about  taking  the  Tower  was.  ^nd  suppose  it 
was  wrote  with  that  design,  yet  it  not  appear- 
ing when  it  was  writ,  how  could  a  jury,  upon 
their  o&ths,  say  it  was  done  with  a  desiffn 
to  raise  rebellion  against  king  Charios  the 
Second,  when  for  an^ht  appeared,  it  was 
writ  before  he  was  king,  or  thcoght  of? 
It  might,  for  aught  appeared,  be  writ  in  king 
Charles  the  First's  time,  or  Cromwell's  time, 
-^nd  desigfnod  against  either  of  them,  or  any 
foreign  prince,  and  therefbre  could  not  be  trea- 
son agaiiist  king  Cbaries  the  Second. 

The  evidence  wasan  original  in  this  particular 
also ;  it  was  the  first  time  that  ever  a  parti- 
cular expression  in  a  writing  was  given  in  evi- 
dtoce  against  a  man  in  treason,  without  reading 
the  whole  writing,  and  for  a  very  good  reason 
given  by  the  jury  in  Fitxharris's  case,  which 
was,  That  there  might  be  something  in  the 
writiog,  not  expressed  in  the  indietment,  which 
may  explain  the  clauses  in  the  indictment  so 
tiiatthey  may  bear  another  construction :  and  in 
that  trial  it  was  agreed  the  whole  writing 
aught  to  he  fead,  end  was  read  aooordingly; 
and  it  was  the  doty  of  the  court  to  have  or- 
d«ed  it,  whether  the  prisoner  or  jury  had  de^ 
sired  it  or  not,  as  they  are  upon  their  oaths  to 
do  right !  bat  in  col.  Sidnipy 's  case,  when  press- 
ed by  him,  it  was  denied ;  only  some  parti- 
cular pasBaffes  he  might  have  read  if  he  weuld^ 
wh^h  he  did  act  accept,  upon  a  verjr  good 
reason  which  he  gave,  which  was,  that  he 
Ipewaat  tfie  paflsages^  the  beek,  ot  at  least 


he  did  Ml  remember  them,  and  tfMreAm  onid 
no^  call  fin  them,  ^fm  ts^e,  that  pnctaoek 
civil  maltcra  is  albwe^l  to  save  tine,  vhoe 
the  nuachaef  is  not  very  |freat;  becanse  of  t 
passage  in  a  deed  ar  writing,  naturiiil  fccddMr 
peity,  omitted  in  readihg,  the  matter  naj  bi 
brought  about  Sgam;  but  m  criminal,  lOQck 
less  m  capital  proseootionf ,  they  cannot  ke, 
unless  a  way  can  be  found-to  bring  a  nuui  lo 
li£i  again. 

Almost  all  the  ofaxramstandes  of  this  tail  an 
originals;  the  summing  np  of  the  eridenoe 
against  him  was  .barbaroas,  beiii||f  mreolire% 
and  no  consennenoes.  It  was  said  he  wu  not 
only  guilty  ot  the  praodoes  he  was  aooosed  €( 
hot  that  he  could  not  have  been  othecwiae,  be> 
cause  his  principles  led  Um  to  it;  audit  might 
with  as  good  reason  have  been  uiged,  dnitke 
not  only  was  become,  but  was  boni  a  tnitar. 
The  last  matter  remarkable  in  the  tri4 
was  that  of  an  overt-act,  of  which  dis  oomt 
said  it  was  resolvai  hy  all  the  judges  of  Eat' 
land,  that  if  I  buy  a  knife  of  J.  S.  to  tiii  ffas 
king,  and  one  wimess  psove  I  bought  sloufiB, 
and  another  prove  1  bought  it  for  t^jHupoM, 
it  is  two  witnesses  of  an  overt-act  withia  tho 
statute  of  Edward  the  Sbxth. 

It  were  fit  to  know  who  th^  judges  woe  who 
gave  that  resolution,  if  it  wese  but  for  the  as- 
thorityofthecase;  for  I  (toubttheceasoaflfit 
will  convince  no  man:  They  mkht  aowd 
have  resolved,  that  eating  or  drin]^,ortfas 
most  ordinary  acts  of  a  man -s  hfe,  is  ao  orot* 
act  of  high- treason. 

The  law  hath  takeix  that  care  tat  the  eri- 
dence  of  high-treasojo,  which  it  bath  iMtibao 
in.  any  other  case,  that  it  must  be  proved  bj  as 
overt-act,  proved  bv  two  witnesses.  Om 
would  think  at  the  *firstsight  of  thestatnle, 
that  there  should  be  two  witnesses  to  the  same 
ihct;  but  that  hath  been  adjudged  othervise, 
yet  still  it  was  resolved  there  must  be  t«o  wit- 
nesses :  but  if  this  resolutian  be  bw,  it  is  phis 
there  needs  but  one.  Tis  true,  if  a  nsa  does 
an  act  for  which  he  can  ^e  no  fessoa,as 
placing  a  mine  of  powder  m  a  phiee  the  king 
usually  passeth  over,  or  plantiB^  a  piecexs 
cannon  to  shoot  at  a  place  the  kmff  usually 
passeth  by,  if  he  cannot  give  a  credible  leaaOB 
why  be  did  it,  and  another  swears  the  purpose 
of  the  thing,  it  is  two  good  witnesses  withia  1^ 
act. 

It  hath  been  said,  if  a  man  be  bound  to 
•his  good  behaviour,  and  wears  a  sword,  it  is  a 
breach  of  the  good  behaviour;  and  perii>P*i 
heretotbrc,  when  awor^  were  not  wusHjr 
worn  but  by  soldiers,  it  might  be  so,  beeanse  it 
struck  ^  terror  in  other  people  as  nuoh  as  a 
blunderbuss,  or  the  like  unusual  weapon;  e^ 
the  going  armed  in  a  coat  of  ma3,  for  ao?  per- 
son but  a  soldier,  doth  at  this  day.  Vet  no 
man  will  say  that,  now  swprds  are  ugually  von 
by  all  sorts  of  people,  it  is  a ^<^""*jj?* 
good  behavionr ;  and  so  that  which  hesetoW* 
was  a  crime,  by  eostom  now  ii  become  none. 
It  w  tiierefoie  the  unuauahwss  and  the  unae- 
ooQBtablenesa  of  the  dBeuaastaaca  mafca  it  .^ 


<IM53         STATE  TSSAfiS^  96  Cha^l^  ^II.  \6%Z,^/4r  Htgk  9huom        f  1 W5 


«fideiio^  wMdi  canifCt  be  vaUigatA  19  ft  nkmm 
in  the  overt^et  mctitkmed.  - 

This  last  thing  I  take  Bctice  of,  ts^Ahat'col. 
-tSdnc^  ^eflB«d  to  aft  the  l6rd  Howard  any 
qaefltions ;  from  whence  Ivtis  Inferred,  'that  lie 
asBeoted  to  the  truth  of  ihe  nteft^  sworn :  hiit 
it  is  Veil  kdown,  HSs  tio  pwidence  to  ask  a 
tli0roug1i->{Mi6ed  witness  aonestfon;  in  Mr. 
'Hdntpdeh's  trial,  hh  oonnsel  refused  so  to  do 
ibr  that  reasob. 

The  nekfc  who  fell  a  Meiifice,  according  fo 
^Hedge's  prophecy,  was  James  Holloway ; 
beWte  onHtfwed,  and  tidceh  Ibeyond  'sea;  and 
Wug  hidoeed  >i^ifh  proTnises  of  liie,  to  accose 
himsAf  of  thib^  (Whether  ^uiltjr  or  not) 
«ilbtigh  to  make  good  an  indictmettt  of  h^ 


treason  8|funst  hiin,  it  was  mdedl  ^jfenetonBly 
ofi^red  him  that  bis  outlawry  should  be  m 
aside,  ftnd  he  have  the  liberty  to  be  Med,  aind 
defend  liimself  as  ^ell  as  lie  coold':  'but  know- 
ing that  what  he  had  said  since  he  was  takeh 
would  be  brought  in  evidence  agaiiist  him,  tot 
relused  his  tnal ;  and  because  he  would  not 
purchase  his  pardon  at  the  expenoe  of  innocent 
men's  blood,  by  accusinK  biherfi  of  what  he  dM 
not  know  they  weregniTty  (d  his  dying  speech 
is  to  be  believed)  he  was  executed. 
-  I  should  not  have  mentioned  this,  hot  for 
the  sake  of  the  next  person's  case,  which  was 
sir  'fhomas  Armstrong's,  who  wasoudawed  for 
high  treason,  when  be  was  h^ond  sea ;  he  wW 
taken  and  broi^ht  to  the  King's-bench^or.  . 


HistomoXl  Pa^rtioulAhs,  relative  to  the  Prpteedings  against 
Persons  accused  of  Participation  in  the  Rr£-HouS£  Con- 
spiracy^ and  other  treasonable  Designs  about  this  Period.* 
[Now  first  .printed  frdm  the  MS.  "  Brief  Historicai  ^dattew,"  , 
&c.  of  Narcissus  Luttrdl,  in  the  Library  6f  All  SoiiUXoUege, 
Oxforf.] 

*'  39th.  C^me  out  a  Proclamatidii  by  hia 
Vn^eSty,  with  the  adnCe  of  hfs  priFy  counoj^ 
for  the  apprehending  of  Sanies  aiike  of  jtf  0)1- 
mouth,Ford  lord  Grey,  nrThdhiasAi^sfrdti^^ 
and  Robert  F^r^son,  fpr  conspiring  the  deau 
of  the  icing  and  the  duke  or  Yo^k,  to  iery 
HMD,  and  make  an  insurrecfidn,  promising  «. 
reward  of  500/.  for  the  taking  of  any  of  litoi. 

**  His  majesty  returned  A'om  Windsor  aboiit 
the  SOth  to  Whitehall,  where  the  oouneil    '^ 


"  May  3, 1683.    ^le  lord  Grey  was  appro- 
"bended  by.  a  messenger,  fbr  that  a  considerable 
qimnti^  of  arms,  to.  the  number  of  80  firelocks, 
were  found  in  his  house ;  but  since  he  is  dis- 
charged. 

«« June'SShl..  One  l^rr.  Rohm  West,  alaW* 
'9^,  of;  the  Middle  temple,  and  formerly  of 

Gnnr'tf^Inh,  stlh^dered  himselfto'sir  George 
Jefi&ys,  Serjeant  at  law,  imd  wiEs'exnmined  as 
'to  this  hew  rkit,  ami  frotfi  thence  carried  to 
•Hainpton  Court  and  examined  in  council. 

"  MhhiiaitAe  out  a  •'Prochimation  by  bis  nia- 
jesty,'Wiih  the  advice  of  his  privy  council,  ibr 
'the  apprefaiehdittg  ool.  John  liumscy,  Richard 

Kumbold,  .malster,   Richani  Neltnb^p,  -esq^. 

Ijathan.  Wade,  g^nt.    capt.    Waloot,  .Wm. 

Thomj^n,  James  Burton,  and  Woi.  Hone, 
Joiner,  fw  conspiring  the  death  of  the  king  and 

the  duke  of  York,  promising  the  reward  of 

7(501.  to  any  btie  who  sImU  Uike  eaoh  of  the 

«aid  persons. 

«*  *24th.  Late  in  the  ereniuff ,  ool.  Rumsey 
was  brought  to  Mr.  Secretary  Jenkins's  office, 
in  order  lo  be  examined. 

''  3dth.  Also  coL  Siduey/brother  to  the  pre- 
sent eirl  uf  Leicester,  mi^r  Wildtmn,  and 
the  lo#d  Russell,  son  to  Uie  earl  of  Bedford, 
weresAitto  the  Tower,  upon  a6cbuiit  dffbb 
New  Plot,*and  committed  close  prisoners. 

**  The  same  day,  also,  the  office  «f 'thej 
militia  for  the -city  of  London  went  from  hoqaei 
to  hodte  to  search  for  srins,  anld  it  Is  said  ati 
some  places  qnantitidB  #e^e  seized. 

*  From  which  it  will -be  seen  that  the  num- 
ber of  State  Prosecutions  instituted  at  the  time 
of  the  Rye- House-Plot,  and  shortly  aiUhWards, 
was  extremely  ^r^t. 


frequently,  concerninj^  this  Plot,  ^d  the  duke- 
of  Yoi^k  sits  in  council  since  ^bis  too  : 


persons  believed  it  to  be  a  sham,  though  tnoatt 
the  oontraiy ;  however  ail  perMns  bhe  itaiKled- 
at  it,  the  dtscoveries  thereof  beinff  *ktpt  vOiy 
private,  as  also  the  persons  *that  liave  *  disco* 
vered  it ;  -however  his  majesty  is  so  sensible 
thereof,  that  he  hardly  goes  odt  but  with  « 
strong  guard,  tlie  militia  andtnuned'bkmidB^r 
London,  have  been  constantly  out,  two  or  thre^- 
companies. 

**  Watch  eri^  ni^t,  and  have  done  sinc^ 
the  first  discovery,  and  all  his  majesU^soffi* 
oers  (military)  have  strict  orders  to  keep  fo* 
their  respective  commands,  and  the  inhabitants^ 
of  London  and  the  Liberties  thereof  have  had 
orders  to'be  r^dy.  With 'faoiisket,  powder,  buUel^ 
and  match,  at  half  an  hour's' warning. 

«« dOih«  One  haefa,  dyehr,»w«i»takeB  «D««e- 
eount  of  thb  Plot,  and  Robert  Blanlly,  ^.(% 
gentleiiitti  of  the  Temp1e^ 

«<  Tte'saiBe  d«y,  ^dso,  Charles  UmftevtK 
esq.  Was  taken  by^a -ineiseqger vnArmU^mUL 
that  night  hjr  the  cmmeU  fbrhcring  three 
•muskets,  a  pair  ef^pisMs,  and  dn  ttmoor  B«de 
of  silk,  found  in  his  honie,  bat  the  lieBLt<^y  ^lle 
was  bailed,  by  Mr.  Justice  Withens,by  two»per- 
'Mrffl^th  500/.  to'appear  thejirst  day  ofihe  next 
'teimit^the  Kitosps'Bench'to^  ^ 


loor]    STATE  TitlALS,  35  Ch AKtES  IL  l683.— IHa/ ijf  Jlgerv^  SidtMfs    [IMS 


''  Hone,  the  joiner,  who  was  m  the  Proda- 
inatioD,  and  taken  some  time  since  at  Caio- 
hridge,,wa8  this  day  also  brought  to  town, 
carried  to  Whitehall,  and  there  examined,  biit 
the  particulars  of  any  of  their  confessions  we 
aire  yet  ignorant  of.  % 

"  July  Ibt.  The  lord  Anglesey's  house,  in 
Drury  lane,  was  searched  for  the  duke  of 
Monmouth  ;  the  same  day,  also,  chancellor 
Thompson's  house,  in  Essex-street,  was  search- 
^  for  him. 

(<  2nd.  Was  presented  an  address  to  his 
majesty,  from  the  lord  mayor,  aldermen,  and 
commons,  of  the  city  of  London,  in  common 
eeuncil  assembled,  congratutating  his  majesty 
and  the  duke  of  York  upon  the  discovery  of 
the  late  conspiracy,  assuring  him  of  their  hves 
and  fortunes  in  defence  of  the  government  in 
church  and  ^tate. 

«  3rd.  Mr.  Thompson's  house  was  searched 
again  for  the  duke  of  MonnK)uth. 

"  Snd.  Srd.  TPhe  officers  of  every  respective 
parish  went  to  tlie  inhabitants  houses  itit  London 
and  the  subuihs,  to  take  the  names  of  every 
lodger,  in  order  to  return  the  same  to  the  jus  • 
tices  of  the  peace. 

« The  French  and  Spanish  ambassadors 
have  waited  on  his  majesty,  and  assured  him, 
from  th^r  masters,  that  if  any  of  the  conspi- 
rators in  the  late  Plot,  come  mto  their  domi- 
nions, that  they  shall  be  delivered. 

**  4th.  Several  persons  were  taken  on  ac- 
count of  the  Plot,  as  Aai*on  Smith,  a  solicitor; 
and  in  Essex*  John  Rouse ;  one  Bourne,  a 
brewer ;  and  Mr.  Mead,  a  fanntic  pai^son,  who 
were  bnought  to  town  and  committed  lo  prison. 

'*  One  Richard  Holfoinl,  esq.  a  lawyer,  was 
taken  by  a  messenger,  but  atter  discharged 

on  bail. 

*«  Ford  lord  Grey  was  taken  also  upon  account 
of  the  Plot,  but  he  escaped  from  the  messen- 
ger, one  Mr.  Deering,  by  his  carelessness,  and 
M  since  gone  away  and  never  heard  of ;  the 
messenger  for  such  his  negled  was  com- 
mitted to  prison. 

**  8th.  The  lord  floward  of  Estrick  was 
taken  on  account  of  this  Plot,  at  his  hotise, 
at  Kensington,  in  a  cunning  hole  behind  a 
hanging. 

««  The  same  day,  also,  the  lord  Brandon,  son 
to  the  earl  of  Macclesfield,  was  taken  on  ac- 
count of  the  Plot,  and  Mr,  Hampden  the 
^  younger,  and  committed  to  the  Tower. 

«  One  cant.  Walcot,  a  gentleman  of  1,000Z. 
serann.in  Irehuid,  is  taken  on  accountx)fthe 
Plot,  and  being  carried  !•  the  council,  answered 
very  resolutely,  that  he  scorned  to  take  away 
bis  miyesty's  life^  being  a  man  unarmed,  but 
that  he  wlui  to  fight  his  majesty's  Guards. 

"  The  goods  of  Ford  lord  Grey  have  been 
kttdiy  seized,  for  his  fine  was  set  on  him  for 
the  riot  at  Chiildfaall,  London.  - 

**  10th.  The  eari  of  Essex  was  committed 
to  the  Tower  on  aoDOunt  of  this  Plot  i  there  is 


also  a  discourse  of  Warrants  being  out  for  bii 
brother  sir  Uenry  Cap^,  col.  Birch,  est 
Likes,  and  sir  John  Boriase. 

"  Col.  Rumsey,  some  time  since  taken,  t» 
is  said,  discovered  very  considerably,  but  b 
thought  to  be  a  papist ;  yet  it  is  certain  he vu 
vejy  familiar  with  the  late  eul  of  Shaftrtrory ; 
Mr.  West  also  makes  considerable  diiscoferia, 
and  is  said  to  have  his  pardon ;  and  the  lord 
Howard  ever  since  his  being  tid&en  has  done 
nothing  else  but  made  discoveries,  and  is  aid 
to  be  the  lord  that  lay  behind  the  curtain  iH 
tliis  while,  in  order  to  discover,  which  maka 
some  hesitate  at  his  confession  ;  and  it  is  said 
that  Ferguson  is  now  at  Whitehall,  or  knowa 
there  where  he  is,  notwithstanding  his  being  ia 
the  Proclamation :  time  must  shew  the  tro&  of 
these  things 

"  The  king  of  France  hath  writ  to  bis  ma- 
jesty, congratulating  him  on  the  disoorery  tf 
the  late  conspiracy,  assuring  his  majesty,  that 
if  any  of  the  c($nspirators  come  withm  his  ma- 
jesty's dominions  he  will  send  them  over. 

*'  The  lord  Lovelace  is  taken  on  acoount  of 
the  Plot,  but  discharged  after  on  bail.    . 

"  The  witnesses  of  this  new  Plot  are  Bfr. 
Keeling,  an  oilman,  Mr.  West,  col.  Ramsey, 
Bourne,  the  brewer,  Mr.  Shepherd,  a  wine 
merchant,  and  the  lord  Howard  of  Escfick, 
who,  as  it  is  said,  will  all  have  their  pardons. 

*'  Addresses  have  been  presented  to  his  mt- 
j'estyfrom  thelieutenan^  of  the  city  of  Um- 
don,  from  the  society  ofGray's-Inn,  from  the 
justices  of  peace  ^d  grand  jury,  at  the 
sessions  for  tne  county  of  Aliddlesez,  from  die 
master,  governors  and  assistants  of  tbe  Scots 
corporation,  and  ^Vestminster,  Irom  the  justice 
of  peace  and  graxid  jury  at  the  sessions  for  the 
city  of  Westminster  ;  from  the  conwralifln 
of  tbe  city  of  Bath,  from  the  town  of  Kingston 
upon  Thames,  from  the  corporation  of  Graves- 
eud  and  Milton,  in  Kent,  and  from  the  borough 
ofl^hettbrd,  in  JSorfblk. 

*<  ISth.  Began  the  sesmoos  of  Oyer  and 
Terminer  at  theOld  Bailey,  where,  after  some 
proceedinsjs  against  ordinary  ielpns  and  o*^*^ 
the  grand  jury  found  the9e  [qu-.  trtte]  hilh 
against  the  tbHowing  pemons  r 

-     .     -     -     4 


William  Hone,  joiner     -     -    -    - 

Richard  Rumbold     -     -     -    -    - 

Richard  Goodeuough     -     -    -    - 

James  Burton-    ------ 

Friincis  Goodeuough      -     -    -    - 

^^  illiam  Thompson    -    -    -    -    - 

Richard  Neltbrop,  esq.  -    -    •    - 
Nathan!  Wade     -----.- 

llobert  Fei^uson  -    -     -    -    -.    • 

Hdwai'd  Norton,  csq^      .    -    -    - 

James  Hoik) way "• 

James  Lilly  y  of. Lincoln's- Inn  -    - 
John  Eoe,  sword-bearer,  of  Bristol 

Second  Indictfnent* 

John  Rouse. 

William  Blague,  a  sea  captain^ 


4 
4 

2 
4 

3 
S 
3 
3 


1009]         STATE  TRIALS,  35  Chabi*es  tt.  i6»3.--/m-  Bigh  Titamm. 


[1010 


Ramsey  and  Steward. 


Third  Indktm^M.* 

l>ake  of  Monmoath- 
Lord  Grey 
Lord  Runell 
Sir  Tbo.  AriDstrong 
Robert  Fergnson 

Fourth  Indictment. 
Captain  Walcott  .*.....    4 

**  Indictments  were  found  against  all  these 
persons  for  high  trrason,  in  conspiring  the 
death  of  the  king  and  the  doke  of  x  ork^  sub- 
version of  the  government,  &c. 

**  X2thn  In  the  Afternoon,  captain  Thomas 
Walcotf  an  Irish  gentleman,  of  about  1,000/. 
ptt  ann.  in  that  country,  came  to  his  tnal  at 
the  Oid  Bailey  for  the  said  treaapn ;  the  wit- 
nesses airainst  him  wpre  four,  col.  Ramsey, 
Mr.  KeeuDg,  Mr.  Bourne,  and  Mr,  West,  who 
all  testified  very  tlilly  as  to  the  Ctmsptracy, 
and  of  the  prisoner  being  concerned  therein ; 
that  lip  had  been  at  several  consults  for  the 
taking  of  the  king,  &c.  Then  a  letter  of  the 
priaoner's  to  one  of  the  secretaries  was  produced, 
desiring  his  majesty's  paidon,  and  in  requital 
he  would  make  a  tulf  discovery  of  tlie  whole 
design ;  he  made  but  little  defence,  yet  seemed 
■ot  at  all  concerned,  but  confessed  hp  was  at 
aome  consults,  but  never  consented  to  the  re- 
solutions for  taking  off  the  king  ;  so  that  the 
jury,  after  a  httle  time,  .found  nim  guilty  of 
high  treason. 

'<  The  next  morning,  Hone  came  on  his 
trial,  for  the  same  Plot,  and  acknowledged  him- 
BClf  guilty  of  the  Conspiracy,  but  not  of  levy- 
ing of  arms;  the  witnesses  against  him  were 
Reeling  and  West,  who  swore  fully  to  his  be- 
ing concerned  therein,  and,  he  making  little 
daence,  the  jury  found  him  guilty  also  ot  high 
treason,  without  stirring  from  the  bar. 

"  ^bont  nine  that  morning,  William  lord 
Russell,  eldest  son  to  the  earl  of  Bedford,  came 
on  his  trial ;  the  jury  were  ordinary  citizens 
^  London,  of  which  he  challenged  about  32 
peremptorily,  and  others  for  not  being  free- 
nolders;  for  which  his  lordship  had  Mr.  Pol-, 
lezfen,  Mr.  Holt,  and  Mr.  Ward,  as  council 
assigned  him,  but  the  court  over-ruled  the  said 
challenge ;  the  indictment  waa  for  levying  of 
urar  and  rebellion,  for  conspiring  the  death  of 
tlie  king,  Sec,  The  witnesses  against  him  were 
colonel  Rumsey,  Mr.  Shepherd,  the  wine- 
merchant,  aod  the  lord  Howard  of  Escrick, 
who  testified  that  the  prisoner  vras  at  several 
consults  at  Shepherd's  house,  and  other  places, 
for  the  raising  of  men,  for  making  aninsiurec- 
tjou,  and  causing  the  nation  to  rise,  Hcc,  The 
prisoner  called  some  to  prove  what  the  lord 
llowardsaid,  in  relation  to  the  Plot,  and  others, 
to  testify  his  life  and  conversation.  The  trial 
lasted  till  five,  and  though  there. was  no  evi- 
dence against  him  for  conspiring  the  king's 
death,  yet  tlie  jur}',  after  an  hour's  being  out, 
)i»rough1  him  in  giiiUy  generally. 

^*  At  six  that  evenuig,   John  Rouse  was 
brought  to  his  trial  for  the  same  Conspiracy ; 

TOI"  IX* 


and  the  thing  being  fully  sworn  against  him, 
he  was  fbnnd  ff oilty. 

'*  Captain  Blague  was  tried  also  on  the  same 
Ck>n8p.iracy,  tor  that  his  part  was  to  seize  the 
Tower,  but  there  being  but  one  witness,  tba 
jury  found  him  not  guilt;^'. 

**  The  next  day,  William  lord  Russell,  capt 
Walcot,  Hone,  the  joiner,  and  John  Rouse, 
wete  brought  into  court,  and  bad  sentence  of 
death  passed  on  them,  as  is  usual  in  cases  of 
high  treason. 

'*  Besides  these,  there  were  nine  others  tried 
and  Ibttnd  guilty  for  felonious  robberies  and 
other  crimes. 

**  And  the  grand  jmy)  before  the  sessions 
broke  up,  presented  the  lord  mayor  with  au 
Address  to  be  dehvered  to  his  majesty,  ex* 
pressing  their  joy  for  his  mi^esty's  deliverance 
from  the  said  conspiracy. 

"  The  iSth,  about  nine  in  the  morning,  the 
earl  of  Essex,  prisoner  in  the  Tower  of  London, 
upon  account  of  this  new  Plot,  did  most  bar* 
barously  cut  his  own  throat  from  one  ear  to 
the  other  with  a  razor ;  what  occasioned  it  ia 
doubtful ;  some  say  the  sense  of  his  guilty 
others  the  shame  for  beinff  accused  of  such  a 
crime,  when  his  father,  ttie  lord  Capel,  died 
for  his  loyalty  to  the  late  kiny :  however,  th^ 
coroner's  jury  have  sat  on  his  body  and  fiiund 
him/tilo  de  se,  though  some  stick  not  to  say  it 
is  impossible  he  should  murder  himself  in  so 
barbarous  a  manner;  and  his  majesty  hath 
been  pleased  to  ffire  his  goods,  which  were  for* 
feited  by  his  kiUing  himself,  to  his  son. 

'<  Ford  lord  Grey,  who  is  fled  on  account  of 
this  Plot,  was  lately  seen  at  Rotterdam,  but 
sinoe  gone  thence. 

'*  Tlierehave  been  great  endeayonrs  used 
to  his  m%^ty  for  a  paraon  for  the  lord  Rus- 
sell, but  without  any  nopes  of  succeeding,  and 
that  as  if  5Q,o6oL  was  offered  for  aparjoo,  to 
which  his  majesty,  as  is  said,  should  reply,  ^  He 
would  not  purenase  his  own  and  his  subjects 
blood  at  so  easy  a  rate.' 

'*  Ever  since  the  first  discovery  of  this  Plot, 
there  have  been  discourses  of  a  peer's  coming* 
in  to  discover  the  same,  which  now  proves  to 
be  the  lord  Howard.  '  • 

*'  John  Booth,  esq.  eldest  son  to  the  lord 
Delamere,  is  clapt  up  in  the  Tower  om  ac- 
count of  this  Plot,  as  also  major  Bremen. 


(( 


dist.  William  lord  Russell,  being  lately 
condemned  on  acconqt  of  this  new  Conspiracy^ 
was  brought  in  his  own  coach  irom  Newgatt> 
with  a  most  extraordinary  guard  of  watchmen 
and  the  trained  bands  on  ea^  side  c^the  coacU 
and  behind ;  acCkkmpanied  with  Dr.  TiUotson^ 
dean  of  Canterbury,  ai^  Dr.  Burnet,  in  tho 
coach ;  he  went  vp.ry  unconoemed  to  the  placa 
of  execution,  which  was  at  the  west  end  of 
^at  Lincoln's-inn-fieUs,  wh«re  a  acaA>ld, 
hnetl  witli  black,  was  erected  ibr  that  purpose) 
there  wei'e  many  spectators,  and  numerous 
guanis  of  the  king's  horse  and  foot;  he  said 
but  little,  but  delivered  a  paper  to  the  sheriff', 
(afterwards  printed),   ana  prepared  hiviiQlfi 


riven  up  i 
oUowiog : 


iAei-  pMyti^,  for  hU  ^IfecSttticHi,  to  il^bieli'  k^ 
Bubmitted  himself  very  che^fully,  but  Keteb^ 
Ibe  ekecUtioner,  sevet^  his  UkAA  from  his 
body,  at  three  Mrok«s,  rery  bytisrously. 

**  The  same  evening  cAme  out  the  PApet, 
delivered  to  the  sherifls,  in  btitit,  x^hicb  sold 
most  prodigiously,  wherein  he  vindicate  )un 
hinocdnce. 


10 


"  The  next  day.  Dr.  Tillotson,  Dr.  Burnet, 
and  his  lordship's  chaplain,  were  sent  for  bs* 
fore  the  privv  council,  and  examined  about  the 
lord  Ru^rs  speech,  whetlier  they  made  it, 
&c.  to  which  they  answered  in  the  negative ; 
however  som^  persona  exclaimed  very  much 
against  Dr.  Burnet,  thinking  him  the  author 
thereof. 

<^  Tlie  tiucuters  of  Walco't,  tlone  an<i  Iftouse, 
are  buned,  hut  dieir  heads  are  set  on  thes^ 
places  following  :  Hone  on  Aldersgate,  Wal- 
col  on  Aldgate,  and  Rouse  on  (GruUdhall. 

*^  August.    Several  persons  accused  to  tie 
,^  the  late  Conspira^  are  fled  and  not  vet 
^  taken  ;  Richard  and^  Frauds  Goodenoogh,  Rd. 
T^dthorp,  Nathan.  Wade>  Joseph  Riley^ 

<<  atepfafen  Lobb  and .  Castem;  bodi 

N«ti-oonformi8t  pf^acben;  Hugh  Westlaxsk, 
M»ptilin  Edward  Nertoo»  Jotei  Rowe,  John 
AyKife,  RoheH  Fei^son,  doke  of  Nonmoiitb, 
ford  lord  Grey,  sir  Thoma»  Ahiistroiig»  lord 
Melvine»  sir  John  Cochrane^  these  twoof  Seot- 
ked,  and  sur  Hugk  CampMl  (Who  is  since 
jaken)  Rd.  Rumbohl,  the  nalster,  William, 
Ikis  br»tlier,  Wm.  Thompson,  James  Burton, 
iftoseph  £lhy,  Samuel  Gibbt,  John  Athferton, 
and  Francis  CharUoui  esq.  who  was  since  taken 
«i  Oxford. 

"  Mt.  Castfeers  and  Mr.  Lobb,  two  Now- 
«miform»t  ministers,  accused  for  the  kte  Fa- 
libtteal  Plot,  have  been  ii|>prehiMMled  in  Bssex, 
and  e)>mmiliied  for  thid  same. 

''  September.  The  VioMice  tttid  maK<;e  of 
iome  persdiiftis  such,  that  it  hath  carried  them 
io  filr  as  to  charge  Dr.  Burnet  with  thte  com- 
posing and  imaking  the  last  speech  «*f  the  late 
lord  Russel,'  but  this  report  gains  no  crfedit  with 
thO  DsodAhile  s^ :  however  it  is  said  Dr. 
Bmvftt  is  gone  ov«r  into  Frante,  with  Mr. 
MountlgKife^rorhiS  health,  since  which  soriife 
have  reported  he  is  turned  Jesuit. 

^  «th.  B^  the  9ay  appointed  by  his 
fii^«0ty^  D«ifclaiMion  <hr  a  thanksgiving  for 
his  d^fivfranoa  ftlkn  the  latfe  Conspiracy ,  was 
obtferved  ^KX^ordiHgiy.  In  some  places  the 
tfMefot^their  sermons  were  vfofeht  against  the 
IMsSelit^rSy'oomm^ting  on  several  proceetlings 
of  those  called  t4keWbtg  Fk^y,  and  ronning 
down  th«  !tte  HodSeof  Commdns  as  bein^-  tWe 
kulliors  or  abetfiovs  of  this  Plot ;  but  som^  on 
tb«  other  hand  inv«ighed  both  against  this 
Plot  and  tlie  lale  IPopish  Plot,  tdcing  notice 
tbat'there  was  no  thaiHcsgiving  day  for  oin-  de- 
lirerance  from  that,  thou^li  tliere  Was  for  this ; 
^^U^Ub^tmi  dkmtcbtiB  iMrtia  town,  was 


given  up  a  Ndlb  to  the  rtider  to  this  effect 
fol'     • 


*<  You  hyoocrites  forbear  yonr  pranks. 
To  murder  ftaen  and  then  give  thanks ; 
Forbear  your  tricks,  bursue  no  further, 
For  God  accepts  no  tnanks  for  murther." 

At  night  w^re  riaging  of  belb  and  ^fircs  in 
divers  places. 

*<  Oct.  27th.  Aaron  Smithy  sometime  siaoi 
convicted  upon  an  Information  for  deliverii^ 
scandalous  and  libellous  instruclions^ia  writing, 
to  Stephen  Golledge,  to  be  used  at  his  trial  it 
OxfOi«i>  afid  fhi*  s|£akift|^  Bciandah>u»and  sedi- 
tioiis  woHs  hi  ^e  dMft,  at  Iho  said  trial,  ao^ 
8^  fbfr  the  Saittiei  behig  lately  t^ppreheoM 
ahd  cOfAmitM  10  (hift  Tow^r,  was  brought  tiiis 
day  to  the  court  of  King's-bcnch,  to  receivctW 
judgBMnt  of  the  couil.  Which  was  to  pay  500i: 
fine,  and  stand  in  the  bilkiry  for  IWe  space  uf  «fi 
hour,  betwe«li  ID  and  If,  iti  th«?  raotuibw  »n 
Tuesday  aJfrJtt,  be'fort?  Westmhetcr-hall^; 
aad  the  tomfe  tim^,  the  Tuesday  aR^,  befint 
die  Royal  £iteltaiigev  tti  London,  that  be  M 
eUi«tiM  for  Hib  goo«  behaviour  for  a  year,  aad 
be  imprisbned  tiu  this  he  donb ;  which  as  soon 
as  the  court  bad  prOMunced,  Aaiwi  ttpH«!, » I 
<  thatalt  Obd  ihr  this  Judgm^at ;  his  wilTbedofiev 

•  but  I  wi^dder  you  did  not  order  me'oh  ftft  jpl* 

*  lory  till  doomsday ;'  so  he  was  comikuttl^d  pi- 
soner  to  the  Kiog^s-bencli  prison. 

«'  Nov.  The  first  week  of  this  term,  mw\ 
persons,  committed  upon  the  accomt  sf  ibis 
plot,  made  their  prayers  to  the  oonrt  of  King's^ 
bench,  tot  be  either  tried  or  bailed  accordiag  ta 
the  Habeas  Corpus  Act,  which  prayer  was  aO- 
conHng^y  recorded ;  Major  Bremen  and  some 
others,  committed  on  account  ot  (jie  plot,  ait 
dischaiged ;  Lock,  the  muster  of  the  sup  wlif 
carried  over  the  loird  Grey,  is  bailed,  and  ao  is 
young  tiraddon,  who  busied  himself  in  ibe 
murder  of  the  late  earl  of  Essex. 

"  His  Majesty  batli  been  pleased  to  ^ttt^ 
tlie  atuinder  of  the  lord  Russell,  and  itBtorelha 
Uood  to  his  issue. 

**  6th.  Mr.  Speak  was  bro«tght  to  the  (wiHt 
of  King'»-bench,  and  charged  trift  two  Aifer- 
matious;  the  flt%t,  for  sa^^in^  the  fcili|r1l^>^ 
^eat  a  Papi^  as  the  duke  or  York ;  tit^  tte 
^ke  durst  not  do  What  he  did,  but  that  the 
king  (lid  animate  him  ;  that  what  Pilkn^ftoh 
had  formerly  said  oflhe  duke  of  Yoik  was  tru*, 
with  much  Other  sucb  teandalous  stuff;  the 
second  Was  fot  saying  that  the  *art  of  Essex  wd 
killed- and  murdered  by  those  that  attended  on 
him  in  the  Tower;  tobo^h  these  be  {dead^ 
not  guilty;  and  fts  to  the  fh%t  s«aid  it  bad  de^ 
pended  above  this  half  year  and  he  was  formerly 
discharged  thereof;  and  for  ti^  latter  he  wished 
they  would  bi-ing  Mm  to  a  speedy  trial  for  it; 
fee  was  remanded  for  want  of  bail. 

"  The  same  day,  also,  Samne)  Jfo!«*otti  mt- 
nister,  pleaded  not  guilty  ^o  an  indictment 
affliinst  him  foV  writinga  scandrfbii*  libel,  called 
*J«fiiUL.'   «^<did  John  Dnihy  plead  not  fuilrr 


1013]        St\TBT9^%Kl£,$5CuAWt%Bll.\6AB.!r^HighTrtM$an.  (1914 

ifk  «D  ladiclmeal  for  ^twOamg  llie  late  lord 
Russell's  speech. 

«<7tb.  Mr.  Speak  was  hwM ;  but  in  going 
home  was  arrested  in  an  action  pf  Scan^alum 
Blngnatum  for  IQO.OOOl.  at  th6  suit  of  ithe 
dulse  of  York,  and  carried  to  prison  for  want  of 
bail. 

"  The  sami^  day,  s^lso,  the  fipraqd  jury  for 
the  county  of  Middlesex  foi^nria  bill  against 
Algernon  Sidney,  esq.  for  high  treason,"  and 
presented  i(  to  the  court  of  King's- bench. 
At^d  he  was  brought  by  Habeas  Corpus  pre- 
sently after  from  the  Tower  to  t^e  King's-bencb 
bar,  where  be  was  arraigned  upon  the  said  iq- 
dictment. 

**  1  Ith .  John  Culliford,  who  pruted  the  2d 
part  of  the  Growth  of  Popeiy, '  was  charged 
with  an  action  of  Scandalum  Afagnatum  at  the 
dpke  of  Yprk's  suit* 

**  Aq  order  of  council  has  been  published  in 
the  Gazette,  prohibiting  any  person  to  print 
the  Journals  of  the  House  of  Commons  since 
his  Majesty's  restoitition. 

"  W'  John  Armi^er,  Mr.  John  Freind,  and 
Charles  Dateman.  chirurgeon,  being  committed 
en  account  of  this  new  plot,  were  bailed  the 
ISth  at  the'court  of  King's  -bench. 

'M4tb.  Mr. Henry  Deisrhapa,  who kt  the iQrd 
Grey  escape  out  of  his  custody,  was  t^vougfai  by 
Habeas  Corpus  from  the  Tower,  and  |4eadfid 
not  guilty  to  an  indictment  against  him  for  the 
saiamisaemeanor. 


**  18th.  John  Gibbons,  tf>«  duke  of  Mon- 
inottth's  man,  who  was  committed  09  account 
of  this  new  plot,  was  bailed  at  the  court  of 
King's- bench* 

^<  90th.  Mr.  Johnson  was  tried  a)  GuildhaU, 
in  the  afternoon,  upon  ^n  inforihation  for  writing 
Julian  the  Apostate,  of  which  he  was  found 
Guiltv. 

**  John  Darby  was  likewise  found  guilty  of 
printing  a  seditious  Ubfsl  called.  The  I^ord  Hus- 
selPs  2!^>eech. 

'*  It  IS  remarkable  in  the  proceeding  against 
DMhy,  drat  that  he  put  his  name  to  it,  and  did 
it  not  in  private :  then  that  there  nilrer  was  any 
pmaeution  of  any  person  who  printed  the 
speeches  of  the  F^isb  traitors,  tbo  ihr  more 
acaiidaliius  thaji  tins,  and  then  lastly  the  same 
thing  that  Da^y  printed  was  pii^tiid  idler  by 
4ir4er  of  the  sbertiTs  ol'liondoD. 

**  2XsL  Algernon  .Sidney,  esq.  fame  upon 
bis  trial  at  the  King's-bench  har  upon  an  in- 
dictment of  high  treason,  in  eonspiriBg  the 
death  irf'the  king,  endeavouring  to  Ioty  war, 
and  cause  an  insurrection  in  these  kingdiHDS  ; 
the  jury  were  a  jury  of  Middlesex,  who  being 
called,  ne  took  exceptions  to  seTersJ,  some  that 
ibgiy  wese  thi^  kh^'s  servants,  othem  thtX  they 
4vere  concerned  m  the  personating  the  lord 
Russell's  Ghost,  and  thegrea^rpvt  for  that 
they  were  no  freeholders  in  the  county  of  Mid* 
cDesez  ;  the  two  first  the  Court  said  were  no 
l^fal  challenges;  the  latter,  which  was  the 
aaost  ponsidcvahle,  they  over-ruled  loo,  and 
aaid  it  \Md  been  jsesdved  89  in  the  late  lord 
Russell's  case ;  to  which  the  prisoner  jaid,  If 


aay  peraoa  mlgltf  he  an  the  msy^  ha  might  ba 
tried  by  his  own  groom,  andttiBt  it  was  very  hard 
being  m  a  county  at  hurge,  whera  there  could 
be  supposed  no  want  of  fre^oMefs  ^this  wor* 
thy  to  ae  thought  on)  so  none  of  his  coalleDges 
bemg  allowed  he  was  forced  to  challenge 
them  peremptorily,  which  he  did  to  the  nurotor 
of  34  ;  but  a  full  jury  at  last  was  sworn,  and 
a  very  ordinary  one  too  ;  the  witnesses  were 
Mr.  West,  col.  Bumsey,  and  Keeling,  who 
testified  as  to  the  general  Plot  only,  that  diere 
i^s  an  insumction  intended,  Sec  Then  came 
the  lord  Howard,  who  swore  partieehirly  as  to 
the  prisoner,  thai  they  had  several  me^tulga, 
one  at  Mr.  Hampden's,  an<ither  at  the  lotd 
Russell's',  &c.  where  the  council  of  six  met, 
and  ooQsulted  of  rairing  an  insurrection,  and  of 
the  way  they  shoold  e&ot  the  same,  that  they 
ordered  to  send  to  Scotland  to  see  what  tlie 
disafieoted  would  do  there  ;  and  that  the  pri- 
soner  undertook  this  post,  and  sent,  as  he  said* 
one  Aaran  Smith  inta  Scotland,  to  whom  be 
gave  fiO  guineas,  to  invite  several  Scotchmen 
over  hitii^  to  treat  about  the  same,  as  the  loi«l 
Melvin,  sir  John  Cockram,  sir  John  and  dr 
Hugh  Campbell,  and  they  were  la  come  imder 
mtteaee  of  purchasing  lands  in  CaroliDa. 
Then  sir  Andrew  Foster,  and  Mr.  AtterborV, 
the  messenger,  testified,  that  sir  John  Code- 
ram,  the  tivo  £>Bmpbells  and  Aleisaader  Monroe 
came  accordingly,  and  that  at  the  first  breMung 
out  of  tlie  Plot  they  absconded.  Then  the 
next  evidence  against  hinrwas  leosesheets  ef 
paper,  written  as  was  pretended  with  his  own 
hand ;  sir  Philip  Lloyd  lestifiedv  he  seized 
thoae  papers  in  the  prisoner's  study  :  then  ihrea 
pemons  were  caUad,  Sbeanherd,  Cook  and 
Cary,  who  testified  they  hau  paid.several  hills 
of  eoLchange  of  Mr.  Sianey's,  and  were  never 
sin^e  c|uestioned  for  them,  and  did  believe  ihit 
papers  to  be  his  hand-writing ;  then  the  libel 
Itself  was  read,  containing  very  anti-monar'* 
pineal  principles,  putting  we  spipveme  power 
in  the  people,  and  making  kingji  accountable 
to  them,  and  that  they  might  he^leposed  :  then 
the  last  piece  of  evidence  was  a  eopy  pf  the 
attaindei*  of  the  late  lord  Eussell :  then  the  pri- 
soner came  upon  his  dei^ence,  and  desiring  to 
know  upon  what  alattfte  he  was  indicted,  W|ts 
told  apon.25  Ed.  3,  c.  1,  for  oonspiring  the 
death  of  the  king:  then  he  beg^n  to  observe 
upon  the  evitlence,  that  the  three  first  swore 
nothing  against  him ;  the  first  that  did  was 
the  lord  Howard,  and  that  ii'  what  he  said  was 
true,  yet  he  was  but  a  single  witness,  but  the 
law  leqiiires  two.  Then  the  other  evidenee 
against  him  was  his  hook ;  upon  this  he  ob- 
served several  things  ;  '&r8t  it  did  appear  to  be 
intended  as  an  answer  to  sir  Robert  Filmer's 
]Patriarcba^  tb^t  it  was  imperfect,  not  being 
completed ;  that  all  of  it  was  not  produced, 
and  only  sentences  picked  out  here  and  lh^ 
agaipiit  bim  ;  ih^t  it  was  not  pjroved  to  be  writ 
by  him,  but  only  believed  to  be  his  band-  writicig 
upon  the  similitude  of  hands ;  that  it  was 
never  published,  or  proved  to  he  shewn  to  any 
anepcraoB;  and  ^uppoeiipg  it.wcee  writ  hjr 


1015]    STA*FB  trials,  35  Char^bs  It.  ld9S.^Trhl  o/JttgerMn  S^t^,   [10)6 


bim,  whiciL  he  would  not  grimt,  it  was  a  yery 
hard  coQstnicttoa  to  moke  that  an  overt- act  of 
coospiring  the  death  of  the  kingc  Mrithtn  that 
law,  and  this  new.  Plot,  when  he  said  the  book 
wa9  writ  many  yeara  ajg^o,  and  they  (meaning 
the  judges)  had  no  power  to  make  construciive 
treiisons,  when  by  25  £d.  3,  it  b  particularly 
reserved  to  the  {MLrUaoient ;  then  he  said  if  he 
had  been  g'uilty  of  conspiring  to  raise  an  insur- 
rection or  levy  tvar,  it  is  no  high  treason  within 
that  law,  unless  an  actual  war  levied ;  but  then 
there  wos  so  little  proof  or  probability  of  that, 
that  the  lord  Uowaitl  does  not  give  an  account 
of  any  men  raised  or  listed,  no  officers,  no 
time,  nor    place    appointed:   then   be  called 
•everal  witnesses,  as  the  earl  of  Anglesey,  earl 
of  Clare,  Mr.  Phillips  Howard,  Dr.  Burnett, 
lord  Pagett,  Mr.  £dw.    Howard,  and  some 
others  of  his  own  servants,  wdo  all  testified 
that  the  lord  Howard  had  said,  he  did  believe 
there  was  no  Plot ;  that  this  was  a  sham  de- 
aigned  acainst  the  Protestants ;  that  he  did 
believe  Mr.  Sidney  to  be  innocent,  and  not  the  { 
least  concerned  in  such  a  design;  and  that  he 
himself  knew  nothing  of  it.    There,  was  also 
one  Mr.  Blake,  who  testified  that  lord  Howard 
.  ahouki  say  he  could  not  have  his  pardon  until 
the  idrudgery  of  swearing  was  over ;  which 
done,  he  desir<Hl  he  might  hav^  council,  to 
-eilgue  several  points  in  law,  as  that  of  the  chal- 
lenge to  the  jury  fc^  want-'of  freehold ;  then 
whether  a  donspiracy  to  levy  war  was  high 
treason  within  25  £.  3,  without  an  actual  war 
levied  ;^  then  whether  this  Ubel  )vas  a  good  wit- 
ness of  an  overt-act  of  compassing  tho  death 
of  the  king  ;  then  whether  they  could  construe 
treasons  within  that  law,  and  whether  he  ou^ht 
not  to  have  a  copy  of  his  indictment  accordmg 
to  46  £.  3.    But  as  to  his  points  in  law  the 
court  said  tliere  was  nothmg  in  them,  but  over  • 
ruled  them  all,  denying  him  counsel,  tiiough 
he  earnestly  demanded  it ;  as  also  the  readiog 
4^  £.  3,  thou^  be  much  pressed  it ;  and  for 
the  evidence,  the  lord  cbiei  justice  summed  it 
up,  taking  a  great  deal  of  pains  in  making 
the  prisoner's  objections,  and  answering  them 
when  he  had  done,  and  so  left  it^ Iain  to  the 
jury ;  who  went  from  the  bar,  and  vA\ev  a 
quarter  Of  an  hour  being  out,  they  brought  the 
prisoner  ^in  guilty  ;  which  done,  he  desired  to 
liave  them  particularly  asked  one  after  ano- 
ther, if  they  found  him  guilty  ;  but  the  Court 
said  it  must  not  be  done,  so  he  was  remanded 
under  a  very  strong  guard  to  the  Tower. 

'*  The  ti*ial  be^n  about  10  in  the  morning 
and  lasted  till  six  in  the  evening,  during  which 
time  he  smiled  several  times,  and  was  not  in 
the  least  concerned  even  after  his  conviction^ 

**  2fst.  Was  a  trial  at  bar  in  the  Common 
pleas,  upon  an  action  de  l^^candalisMagnatura, 
brought  by  the  duke  of  Beaufort  against  sir 
Trevor  Williams,  of  Monmoutlisbire,  for  false 
and  Scandalous  words,  liie  jury  found  for  his 
grace,  a^d  g.ive  10,000/.  d  images, 

^<  24th.  The  duke  of  i\lonmouth  surren- 
dered himself  to  secretary  ^J^ukuUf  Ai|d  the 


next  day  was  before  the  council ;  bb  dmiag 
in  has  surprised  most  people:  some  think  he 
has  not  been  out  of  Wbit^all  all  this  while. 

«•  26th.  Algernon  Sidney,  esq.  was  broi^ 
from  tlic  Tower  to  the  KingVbench  Sir, 
where,  after  his  exceptions  to  several  things 
that  past  at  his  trial,  and  some  reflectkns  oo 
tho  curt  for  their  hard  usage  of  him,  and  de- 
siring to  be  heanl  as  to  some  points  of  law  in 
his  case,  at  last  sentence  of  death  was  passed 
on  him,  as  is  usual  in  cases  of  high  treason. 

"  The  same  day,  also,  Henry  Ueerham,  the 
messenger,  that  let  the  lord  Grey  escape,  wu 
brous^htfrom  the  Tower  to  the  Court'of  KingV 
ben<£,  and  desired  to  retract  his  former  pies 
of  not  guilty,  and  pleaded  guilty  to  the  indict- 
ment against  him,  for  that  misdemeanor,  voA 
was  baued  out. 

«*  The  same  day  one  John  Gutch,  tjf  the 
cily  of  Wells,  convicted  last  assizes  of  speak- 
ing seditious  words,  as  that  the  king  w^  ac- 
countable to  the  people,  &c.  was  seatenoed  to 
pay  200/.  fine,*and  be  imprisoued  till  payroent; 
to  stand  ui  the  pillory  on  a  Saturday,  at  WeBs, 
for  an  hour,  between  12  and  three,  and  he 
bound  to  his  good  behaviour. 

"  2rth.  The  grand  jury  of  Middlesex  Ibtmd 
a  bill  of  indictment  against  Mr.  Hambdei, 
junior,  for  gppeat  and  high  nnsdemeaaors. 

**  Dec.  5th,  was  an  attempt  made  on  tfee 
king  in  St.  Japaes  Park,  by  one  Johnson,  a 
crackt-fellow.  The  duke  of  Monmouth  ance 
his  coming  in,  hath  been  mightily  caressed  at 
court,  to  that  degree  that  some  persons  have 
thence  imagined  there  was  no  Plot ;  howerer 
he  has  procured  his  own  |>ardoin  since  bis  coin- 
ing in  ;  and  got  a  sum  of  C,000/.  given  him 
by  his  majesty  ;  however  his  majesty  is  lately 
distasted  with  him  (and  sopae  say  it  &  because 
he  would  not  sign  a  narrative  or  declarati« 
of  the  Plot) :  tnne  must  shew  the  truth  bcrert, 
but  he  is  forbid  to  come  any  more  to  Wbitehan. 

"  7th.  Algernon  Sidney,  esq.-  »as  brooAt 
from  the  Tower  to  the  place  appointed  wrW 
execution,  on  Tower  Hill ;  where  a  aofflwW 
was  erected  for  tliat  purpose,  upon  whieb  be 
came  about  10  in  the  morning,  and  .<^°^^?^ 
for  near  a  quarter  of  an  hour,  during  v-hiw 
time  he  made  a  short  prayer,  and  then  laid  »» 
neok  upon  the  block,  and  the  execudoner  be- 
headed htm  at  one  blow.  ,  . 

«<  It  is  remarkable  that  he  had  no  nunifiwr 
with  him,  nor  any  of  his  relations,  n«  ^  "J 
seem  in  the  4east  concerned,  and  made  no 
8pee<^  on  tlie  acatfokl,  but  gate  apapcrtotfle 

*'  The  paper  which  col.  Sidney  deUyered  to 
the  sheriff  at  the  place  of  his  ejCecationis  « 
bat  priiUied  by  onler  of  the  two  «J«^/ " 
was  said  at  first  to  he  ordered  to  be  burnt^ 
the  hand  of  the  oommou  hangman ;  ">?V7^ 
divers  reflections  on  the  witnesses  a^wst  woh 
and  the  way  and  metliod  of  l^roeeeAuigBg^^ 
him  at  his  trial,  not  s^j  the  judges  wewt 
selves.! 


L 


lOU]         STATE  nilALS,  Z5  Charus  IL  LfiSS^ir  High  Tretuan.  [1018 


«<  The  Iwrd  Petre  coomutifid  to  the  Tourer 
•bottfc  five  yean  moe  on  aoooiiiit  of  the  Popisi^ 
not,  where  he  hath  e?  or  siooe  remamed,  ia 
^latdf  dead  there. 

«'  1683-4.  Januarjr  7th.  The  dnke  of  Mod- 
mouth  nnce  his  benign  forbid  the  coart,  has 
lodeed  at  a  pritate  ht>use  in  Holbom,  and  been 
«t  his  house  at  Moor  Park ;  but  since  it  is  said 
lie  is  gone  into  Holland,  thinkings  it  not  safe  to 
continue  here  any  longer. 

«<  The  28th,  in  the  afternoon,  at  the  Nisi 
Prius,  for  the  countv  of  Middlesex,  Geoi^ 
Cawdron,  steward  to  the  earl  of  Clare,  came  to 
|>e  tried  upon  an  information  for  misdemeanor ; 
hat  two  witnesses  appearing  at  the  trial  to  proTe 
the  words  he  was  mdicted  for,  the  court  dis- 
chare^ed  the  jury,  and  committed  Cawdron  to 
the  King's-bench  prison,  and  ordere4  an  iu- 
dictment  against  him  ibr  high-treason. 

*'  Feb.  1st.  John  I)arbj  beinff  oosYicted 
upon  an  information  for  printing  the  late  lord 
KnsseIVs  speech,  came  to  the  colnrt  of  King's- 
liench  bar  to  receive  his  Judgment,  which  was 
40  pay  a  fine  of  20  marksy  ami  find  sureties  for 
bis  good  behaviour  ibr  a  twelvemonth. 

*'  The  same  day  also  sir  Samuel  Barnardiston 
ipleaded,  by  attorney,  not  guilty,  to  an  inforqia- 
lion  exhibited  against  him  fi>r  a  ^nisdemeanor. 

"  6th.  John  Hambden,  esq.  jun.  was  tried  at 
Ihe  court  of  King's- bench,  on  an  indictment 
for  a  great  misdemeanor,  in  consulting  and  con- 
.spiring  with  others  of  an  insurrection,  and  to 
^procure  arms  and  armed  men,  and  to  send  one 
into  Scotland  to  invite  divers  persons  to  come 
into  the  kingdom  for  that  purpose,  &c.  being  a 
branch  of  tiie  late  Fanatic  Plot :  the  jury  was 
a  good  jury  of  Middlesex :  there  were  several 
counsel  on  both  sides :  the  evidence  against  the 
defendant,  was  the  duke  of  Monmouth,  J>ut 
he  did  not  appear,  though  subpoenaed ;  then 
-the  lord  Howard,  who  gave  much  the  same 
evidence  4igainst  him,  as  he  did  at  Mr. 
Sidney's  trial;  then  there  was  one  Mr. 
Sherin,  who  testified  that  *Aaron  Smith 
lay  at  bis  house,  an  inn  in  Newcastle,  in 
his  way  to  and  alter  he  came  from  Scotland ; 
then  thiere  was  one  Bell,  who  went  as  a  guide  to 
Amron  Smith  towards  Scotland ;  then  sir  An- 
drew Foster  and  Mr.  Atterbury,  testified  the 
coining  over  of  those  Scotchmen,  according  to 
the  lord  Howard's  testimony,  and  their  ab- 
floonding  at  the  first  breakiiuf  out  of  the  Plot : 
the  defendant's  proof,  was,  nnl  he  called  the 
lord  Clare,  Mr.  Philip  Howard,  lord  Pasfet, 
I>r.  Burnet,  and  some  others,  who  testified  in 
general,  what  the  lord  Howard  had  said  when 
this  Plot  first  brake  out,  before  he  was  taken ; 
that  he  believed  there  was  no  Plot,  but  that  it 
was  a  sham  ;  that  he  knew  of  none,  ^c.  then 
Mr.  Blake  testified  his  lordship  had  said  he 
could  not  have  his  pardon  until  the  drudgery  of 
swearing  was  over,  but  this  was  taken  off,  by 
Lis  lordship's  now  having  bis  pardon ;  then  Mr. 
Velham,  sir  Henry  Hobart,  and  some  others, 
W^r^  called,  who  testified  as  to  the  deieudant's 


life  and  conversation,  that  he  was  a  verTstu** 
dious  pecBon«  mudi  addicted  to  his  booh,  and 
not  deairoas  of  company ;  then  he  called  twn 
or  three  who  testified  about  his  bdtig  in  Franc* 
from  November  1680,  till  .iabout  September 
1682,  when  he  retamed  ;  as  also  some  who 
testified  as  to  his  resolutions  of  going  thither 
again  the  following  spring :  wh^  done,  th« 
lord  chief  justice  summed  up  the  cfvidenoe,«iid 
the  jury  retired  firom  the  bar  for  a  Kttle  while, 
and  brought  the  defendant  in  Guilty. 

"7th.  Mr.  Lawrence  Braddon  and  MV* 
Hugh  Speke,  were  tried  at  the  court  of  King's 
Bench,  by  a  jury  of  Middlesex,  upon  an  infor* 
mation,  reciting  the  commitment  of  the  late  . 
earl  of  Essex  to  the  Tower  for  treason,  in  con* 
spiring  the  death  of  the  king,  <&c.  and  that  the 
ISth  of  July  last  ho  cut  his  own  throat,  and  was 
found  fdo  deaehy  Coroner's  In<|i]i8ition ;  the 
said  Braddon  and  Speke  did  conspireby  writing 
and  otherwise  to  spr»d  a  false  and  scandakwii 
repoit,  that  the  nid  earl  was  murdered  by 
some  persons  about  him,  and  endeavoured  to 
suborn  witnesses  to  testify  the  same ;  the  evi- 
dence of  the  kinf  was  first  the  Warder  for  the 
Tower,  who  testified  as  to  his  lordship's  com- 
mitment ;  then  the  coroner,  and  the  inauisiSioii 
taken  before  him,  whereby  his  loidsnip  was 
found  f eh  de  «e,  was  read :  then  the  particular 
evidence  of  Mr.  Braddon,  was  by  several  per* 
sons,  how  busy  and  solicitous  he  was  to  taka 
persons  informations,  and  to  examine  a  little 
child  about  ten  years  old,  about  a  discourse  thait 
,  run  through  the  town,  thai  a  \Aoody  raaor  was 
thrown  out  of  huilerdship^s  window,  and  that 
the  cry  of  murder  was  hrard ;  and  that  a  ser* 
vant  maid  came  presently  out  of  that  house  of 
the  lord  Esses  and  took  up  the  razor  and  carried 
it  in,  and  that  then  it  was  said  the  lord  Eawx 
had  killed  himself;  ^enthe  several  infimoa- 
tions  Braddon  had  taken  in  writing,  Mating  to 
this  matter,  were  read,  and  so^oe  cv  the  inform- 
ants themselves  examined,  whose  testimony 
much  differed  from  their  informations;  then 
several  testified  the  confident  and  strange  din- 
courses  this  Braddon  tre(|uently  used  con- 
cerning this  matter :  the  evidence  against  Mr. 
Speke  was  only  a  letter  written  by  him  to  sir 
Robert  Atkins  the  cider,  and  carried  by  Mr^ 
Braddon,  but  was  seized  about  him  when  he 
was  ^ing  thither,  which  contained  several  ex- 
pressions in  conlmendation  of  Mr.  Braddon  and 
his  zeal,  with  reflections  on  this  matter ;  then 
the  evidence  was  given  of  his  lordship's  cuttinr 
his  own  throat  with  a  razor,  wl4ch  was  proved 
by  his  own  servant,  a  Frenchman,  by  the 
warder,  by  the  centinel,  and  by  captain  Haw- 
ley  ;  the  defendant's  proof  was,  first,  Braddon 
pretended  he  did  nothing,  but  out  of  bis  zeal  to 
have  the  truth  come  out :  then  he  called  some 
witnesses  to  prove,  that  there  was  a  discoursei 
of  the  lord  Essex  being  killed,  and  a  razor 
thrown  out,  betbre  he  ooncemecl  himself  in  it. 
Speke  had  little  to  say  against  the  letter,  but 
owned  it  to  be  his  hand.  So  that  the  jury  afier  > 
a  little  while  agreed  of  their  verdict,  and  foimd 


1019]    ^f^TETtaAh^3SCHAUL^n.l6t5^TiwlefAlgnmtiSi^    [1020 

tfie  dftedant  BraiUoft  Ouiky  of  ail  that  wm        «« The  tame  diy,  also,  Mr.  RanU«B,  hlriy 

«fNiViGted  of  a  gvMt  nisdemeuMr,  o^me  to  n. 
ecive  tko  jadjrairat  of  tkoCowt,  wlyohwM 
that  he  should  pay  40,000/.  iiir  a  ftiia  to  tht 
kiny,  aod  ftnd  siwetieB  for  bis  iroo^  U^^ioor 
during  life,  and  bo  committ^  tin  this  is  done. 

**  mr.Deerham,  alao,  the  messepger,  wbp 
let  the  lord  Grey  escape,  was  senteno^  to  yvf 
XOQi,  0Qe«  aod  to  be  coomuUed  till  be  do  it. 

<<  Mr.  Wynn  and  Mr.  Forth  p|ead«itN<il 
Guilty  to  an  iDformation  a^nst  them,  for  lay- 
wgf  coK  Sidney 'a  junr  wore  a  loggrer-beaded 
jmjf  Mid  g«ve  a  verdfot  contiory  M  erideaoe. 

*^  t¥k,  Lanl^ly  Curtia  was  tried  for  plioliar 
and  pttbUahkiflf  a  soandalpua  pamphlet  oaiM 
«*  The  Ni^ht.  Walker  ^Bioooaskiury  3**of  wfaidl 
be  was  found  gaihy. 

«<  April,  16U.  Mr.  WilKam  Wri^t,  ]m 
alderman  of  Oxford,  appeared  the  16th  at  the 
King^  Benob  and  plooded  Not  Guilhr  to  an  ia- 
Ibnnatiob  for  piiiiciQg  aevwal  aeaadaiww  apd 
oedituMis  libeln. 

^  Robert  Laek,  tba  same  day,  ptoaM  Ket 
GuiHy  to  ad  infonnatioa  Ibr  dandestioely  tuBfr 
porting^  of  traitors,  tie.  Theloni  6i«y. 

'« Tbo«ari  of  MacolesMd  halh  hniajfiii  bb 
aotioa  of  fioaodakw  Miigvatum  fffaurt  W 
Xbonaa  OroavoDor  aad  4be  Mstof  Oe  gtvA 
Jury  for  tbe  coonty  of  Cheater,  who  preiepted 
mm,  with  ^vend  other  goDtleoieo,  a8  jHaww 
disaflfected  to  the  governqaent. 

«<  19th.  SirSamud  BamardisCon  beiigr  eoa- 
▼ictedof  writi^fottr  scandalous  Iet(er8,caaie 
to  the  court  of  King's  Bench  to  reoeif  e  his  «• 
ieoce,  wbicb  was  to  pay  the  Ane  of  10,000/.  0 
be  bound  to  bia  sooi  behaviour  for  life,  aad  fas 
committed  till  alFthii  is  done. 

^  Slat  James  Holhnra J  was brongbt ftNB 
Newgate,  by  Habeas  Corpus  to  tbe  Kinp 
BoDchbar,  and  beiw  uM  what  be  oouldii^ 
whj  OKeoatioB  ohottTd  not  be  awarded  sgainA 
btm,  be  hebag  attaioted  bjrOQt]awry,.iipo«  •> 
tndietmsnt  of  higb  treaam  Ibr  this  Faoatie  FM, 
bedealrad  to  ha^ve  the  iBdiotincnt  rsad,  aodtbcn 
Mr.  Attorney  Gottcnd  told  bim  his  majcs^  vtf 
pleasad  to  wave  the  Outlawry,  and  to  tet  siia 
oome^  a  4rial,  if  bo  4M»uM  ooiske  any  defeatt: 
batbeaaid  bo  had eoofeased  tbe  f*f^^^ 
to  bis  mgosty,  aod  bad  no  more  to  nji  M 
threw  buoaefr at  bis  im^esty's mercy ;^»»^ 
court  jaude  a  rule  for  bis  esocn^n  oa  WM*'' 


in  tbe  indarmatMHi,  «ad  the  doiendaat  Spoke 
^  CkiHty  of  all,  eioept  tbe  oonspifiBg  to  aobom 
witneoaea.  It  was  atran^  any  aaan  abould 
coDoara  bimaaliBi  an  aflbur  of  this  moroonl,  oa 
the  infiNvaalioa  of  a  hoy  of  tO  years  old,  who 
had  donied  all  after  be  bad  oonfcMed  it,  and 
Ma^biatrialy  aodflaako  aBtbisrautahatww 
•bout  it 

'<  11th.  Mr.  JobnsoBy  who  was  convioled 
the  last  term  for  writing  and  publishing  a  sedi- 
ttOMS  book  entitled  **  JuUan  1  oe  Apostate,"  was 
this  day  sentenced  by  the  court  of  Ki^'s* 
bench,  to  pay  500  marks  for  a  fine,  to  find 
sureties  for  his  good  behaviour  for  a  year,  to  be 
comniitted  to  the  Kiag*s-beDcb  prison  till  this 
is  done,  and  the  book  to  be  burnt  by  the  bauds 
of  the  common  hangman.    . 

«  19tb.  Tbe  lord  of  Daaby  came,  by  Habeas 
|>rpua,iirom  tbe  Tower  to  tbe  oaoit  of  Sjog^s 
Beaeb,  wbieb  being  read  aad  tbe  tetara  filed, 
Iris  lordsbip  pravad  (be  opiaioa  of  tbe  oojurt, 
and  desired  that  he  miffbl  be  baikd :  the  judges 
aeirerally  delivered  their  opinions  wilb  the  rea- 
•ens,  and  aoacbided  all  tbal  Us  lardabip  ought 
to  bo  baiM,  wbicb  aaooi^iagly  was  taken  ;  bis 
lordsbip  was  bonnd  iaaroeogniBanoa  cf  10,000i. 
aad  tba  dukes  of  Somerset  and  Alberaiarl,  and 
fbeearis  of  Oxford  and  Cbesterfiekl,  his  eore- 
ties  in  SOOO/.  eaeb,  upon  condition  tint  tbeeoH 
af  Daaby  do  appear  in  tbe  House  of  Lords  the 
neat  aeesioDs  of  Parbameat,  aad  not  depart 
withoal  leave  of  thatcottrt. ' 

**  Tfae«ari<if  Powis,  laid  Arandell  of  War- 
door,  and  «lie  lord  BeNasis,  wei«  likewise 
braagbtfiramlbe  Tower,  and  tba  earl  of  T^* 
foae  Aam  tbe  Oatehoaee  to  tbe  aonrt of  King's 
Bencb  hf  sei^rai  writs  of  Habeas  Omkhis, 
wbieb  bme  read  aad  die  returns  filed,  ibey 
prayed  by  dieir  eoaaeel  to  be  bailed,  and  tbe 
fadgesdid  deeia»e,  Ibr  tbe  sane  veassns  tbey 
oad  gvrea  ia  dM  eariaf  Danby^  ioaee,  tbeae 
lords  oogbt  Mkewiae  to  be  bailed^  and  tbe  lord 
«bief  instioe  was  pleased  to  mr  tbat  inpeaeh- 
ad  or  hot  tmpeaebed,  he  thoaght  it  ^  one,  and 
ibat  it  wasnotalbvoiirto  bail  them,  but  diat 
in  jnstice  aad  oonscience  tbey  oagbt  to  be 
bailed  long  sinee;  and  aocordir^y  each 
af  them  entered  nito  10,0001.  raoognizanoea 
a  pieoe ;  for  theeari  of  Powis,  thednkesof  Nor- 
Mk  and  Beaufort  and  tbe  earis  ef  Pembroke 
and  Peterborough ;  §&c  the  lord  Arundel,  the 
«8rls  of  Domet,  8carsdale,  Bath,  and  Claren- 
don ;  ^  the  lord  Bellasis,  the  earie  of  Ayies^Hiry 
and  Westmoreland,  lord  visoount  Faulconberg, 
and  sir  John  Talbott;  aod  for  tbe«arl  of  Tyrone, 
ibe  «arls  of  BoscomoMn,  Mooat  Alexaader 
and  Carlin^ord,  and  tbe  lord  Annesiey,;  all 
upen  the  like  conditions,  aa  in  the  case  of  tbe 
lord  Danby. 

*'  Tbe  same  day,  also,  the  lord  BrandoB,  Mr. 
Booth,  mafor  Wikimaii,  Mr.  Cliaitton,  Mr. 
Trenchard  and  several  odiers,  commftted  upon 
tbeacooant  of  tbe  Fanatic  Plot,  and  bailed  out 
tbe  last  term,  wore  discbargefl,  there  being  no- 
'  ttung  agaimrt  4beta. 


day,  seveunigbt*  ^j^ 

"  The  same  day  also  Mr.  Ls^««*  *rl 
don  and  Mr.  Hugh  Spolce,  oeavietsd^tt^ 
tern  upon  an  endeavour  t#  lay  tbe  murdflra 
the  late  earl  of  Essex  wpon  tbe  p^^'^'T^ 
were  brought  to  tbe  court  of  KiagV}  B««WiJ|[ 
receive  their  judgment,  wbieb  was  tbrt  WJ^ 
don  should  pay  a  tine  of  J«000t  *»  .^ 
1000?.  to  4\w  king,  that  tbey  find  •"*'*|i  J 
-^heir  good  beliaviour  during  their  1***^^^ 
committed  to  tbe  King's  Beaob  pdN*  ^'  ^ 


doit. 


"The  -same  day  also  LanglyC^r^i 


vfa» 


i»tti  bottricced  Ihe  last  tmn  for  Btitttfair' a  sM*n« 
dftkMM  libel  oiillM  Am  Night  Walters  ofBlooai* 
IM117,  wan  fined  500/.  to  be  bevnd  to  his  good 
iMharkittr  Am*  tt^  to  ttalid  m  the  pillory  on 
Setardaj  next  in  Bleomsbory  maiket,  and  ha?e 


a  fnpv  0it  a^  himtipiifyaBf  hk 
the  libek  t»  be  bonit  «Mer  htm. 

<<  dOlb,  Janes  Hollowly  was  eaeeolaA,  beii^ 


dmwn  upM  a  sletes  to  TyVam,  attdthece  hiiDf» 
ed  and  Quartered. 


■I  ■   I 


l«       »  I  H  ■  I 


,...^.     .^t.  ..    ..>.>^^^^_>^^_^_.^ 


I  fc     t«H**fc^— ^^AO. 


\ 


301.  Trial  of  LowRfE  or  Wkir,  of  Blackwood^  for  Treason: 
35  CiiAULEs  II.  A.D.  1683.  [Now  first  printed  from  the 
MS,  Records  of  the  Court  of  Justiciary  of  Scotland.]* 

pariiainent  of  king  James  the  second,  and  hun- 
mth  fbnftie  iburt  aii*t  of  the  tweh  parUameiil 
oficio^  James  thesixt,  it  is  statute  and  o^^ 
daineo,  that  no  man  openly  nirtouriie  rebell 
against  the  king's  person  or  authoritie  or 
make  warr  against  the  king's  fiedg«S:  And 
that  wher  any  declared  traitors,  or  tebetls  re- 
pairs in  any  part  of  tile  realme,  none  of  our 
liedges  shall  pfresume  to  recept,  sapplie,  or  in- 
tercomon  with  diem^  6r  give  them  meett,  drink, 
house,  harbour,  or  an^  raieff  or  comlbrt,  under 
the  same  pahie,  fbr  wbilk  they  arefbrfaulted  or 
nut  to  the  home,  and  that  immedlatfie  upon 
kftorwledge  of  their  repairing  in  the  boundst, 
all  hb  mnjestie's  obedient  subjects  do  their 
elCact  dtttepence  st  the  outmost  of  their  power, 
in  searchmg,  seeking,  talang  and  apprehending 
of  ihe  sud  declarra  traitors,  and  presenting 
them  to  Justice ;  or  in  following  of  mem  wfam 


CvttU  JusncuftiJi  8.  D.  N.  RegM>  ^^^  ^ 
Prtetdffio  Buffgl  de  Bdioburgb,  ultimo  die 
Blensi%  January  166d,  per  ISobilem  et 
pelentetn  Comitem  Jacobiim  Coonitera  de. 
PmHi,  Jostidariaas  Oeneralem,  et  honor- 
abiles  Yiros^  fiiehanlum  I>ominum  de 
Maitland  Cleiieum,  I>omiBoa  Jaoobum 
Fodlia  de  Collingtoun,  Davidesa  Balfour 
de  Ferret,  Rogerum  Hog  de  Hareauss,  et 
AkKttodrum  Setea  de  Pitmeddeo  Conmis- 
silMiarioi  Jusiieiaritt  dietiS*  D.  N.  Regis  \ 

liitffAn 

IV1LLUM  LowuB  i)f  hlackvood: 

In1>Y1%1>  and  fttcosed,  Th^t  wher  nMtrilh' 
Manding  he  the  3rd  act  or  the  first  parlisHlient 
ofking  Jtttnes  the  1st,  and  3tth  actofhis  Second 
parUameht,  and  be  the  nynth  act  nf  thtb  twell 

■•i    >        111      m      n.    ■!  III!       i        ill   I XiHi  I  II 

*  ^bt  Mowing  entries  in  FounfsAnhidl 
IMicemthbcase: 

**  Naretnber  ««,  1«8«.  At  Privy  Obtradl, 
UtrOHnita  LowrteeMerofBhickwOod,  latecham^ 
Wifain  to  the  marquis  bf  Doaglas,  and  repute 
«  bad  tnstniment  between  him  and  his  lady  in 
their  difi^rentes,  is  imprisoned  ftr  hnrbonring 
Mid  resetting  fugitive  ministers,  and  convefs-> 
iDff  with  Mels  who  had  been  at  Bothwel- 
%ndge,  and  other  intercomttfined  petwns,  ahd 
ftr  rectivinff  mail  and  doty  from  them.  He 
Was  referr^  to  the  crimiDai  CcKm,  to  be  pur* 
«oed  thtire  bv  his  mt\jesty*8  advocate,  for  these 
treasonable  deeds.'* 

*«  January  31,  1683.  At  Criminal  Court, 
William  Laury  of  Biackwood,  mentibncMl  Sdd 
November  1089,  is  brought'*npon  the  pannel ; 
the  ditty  found  relevant ;  and  his  defences  re- 
peljed.  This  ditty  ran  on  his  conversing  with 
nnd  reselting  rebels  that  had  been  at  Bolhwei- 
liridge,  and  was  founded  on  act  15  Parliament 
144?  ;  act  97,  1540,  and  act  144, 159S.  The 
defences  proponed  by  sir  George  Lockiiarl,  te. 
ftr  him  were ;  that  the  libel  was  irvalevaiit  and 
inept,  being  <  generalis  Vagus  et  inoertns,'  not 
condescending  on  the  particular  times  aod 
places  of  the  converse,  sSnl  with  whom ;  and 
cited  1.  3.  D.  de  accnsat. 

«<  Sdo,  The  ibf«said  acts  of  pari,  meant  only 
"Wittingly  mnd  wilfully  cctoversing  wMi  and 
conceding  them  whom  they  know  to  be  rebels 
and  traitors^  and  who  were  intercomtnnned, 
(that  being  the  only  badge  by  which  men  were 
prohihitea  and  put  in  mala  Jide  to  converse 


>*A«_^k4«..«i-^B 


m  mnmmm^m>ammJta^^it^jm,mm »,    li 


rfb4IUk.*i 


with  them,)  and  that  the  popes  by  their  ballb 
and  escommmiicatioas  had  jpnt  whole  1(ing« 
doms  nndcflt  interdicas  ^  bot  there  were  neve^ 
such  general  prohibitions  as  thir  allowed  by 
any  lawyer,  or  any  ever  pursued  ia  Scotland  on 
thisheaa:  which  would  reach  aH  the  western 
shires  and  many  elsewhere,  ddly,  By  the  9M1 
chapter  statute  David  S.  The  resetters  <]f  ma  • 
lefactors  cannot  be  pursued  tilt  first  the  prin- 
cipals be  convicted.  For  pat  the  case,  Black- 
wood shonld  be  now  found  guilty  of  res^ng 
sudi  a  rebel,  awl  afterward  that  person  should 
be  tried  and  fbund  innocent ;  ^ «td  jura  then  Y 
the  sentence  against  Blackwood  would  cer- 
tainly.be  unjust.  Notwithstanding  crf'all  which 
the  criminal  lords  did  find  the  <fitty  relevant  to 
infer  treason ;  though  the  9rth  act  1540  dted 
infliets  only  confiscation  of  inoveaMes  and 
death,  (but  the  two  odier  acts  are  more  ge- 
neral,) and  repelled  his  defences:  and  found 
it  relevant  to  his  majesty's  advocate  to  prove 
he  had  conversed  with  rebds  either  inlercom- 
munod  or  denounced,  or  notonr,  or  babite  and 
repute  so. — Though  it  was  offered  to  be  proFcn 
that  these  called  rebeb  bad  conversed  openly 
and  avowedly  in  idl  places  for  two  years  befone, 
without  molestation  from  the  king's  forces,  and 
were  repute  fVee  li^gvs  and  puq^ed.  In  this 
cause  ^e  king's  advocate  hrou^t  in  several 
witnesses  prisoners  by  a  squadc  of  the  kmg^ 
guard,  whtch  had  not  usually  been  practised 
before.  Though  this  interiocutor  is  «f  mosrt 
dangerous  consequence,  yet  tt  could  not  havt 
happened  to  any  that  was  less  regretted  uT 


1023]    STATE  TRIALS,  55  CttARUt$  11.  l68d<— 7K«{  e 

tiiey  be  tikflB  and  czpeUed,  and  ptot  off  tbe 
•hyre«  and  immediatlie  to  make  iatimation  to 
the  magistrates  and  persops  of  power  and  an- 
Iholilie,  in  ^e  next  sbyre,  who  shall  be  holden 

worse  belored  than  Blackwood  :  howerer  the 
statesmen  have  oTer-mled  the  Judges  to  this 
decision  ;  and  it  is  on  a  veiy  pohticS  desicni  ais 
I  suppose ;  thiuking  this  will  prove  one  of  the 
most  effectual  ways  to  banish  all  these  rebels 
out  of  Scodand :  for  men  being  thus  frighted 
to  converse  with  them^  they  will  find  ndther 
harboury  nor  reset,  which  will  quell  and  dash 
all  future  risings  in  arms,  so  that  it  may  be  of 
great  advantage  for  the  ftiture  peace  and  tran- 
quilUtv  of  our  country. 

<*  filackwood  appeared  in  the  Criminal 
Court  again  on  the  5th  of  February,  when 
they  insisted  on  the  grounds  of  his  exculpation, 
viz.  that  he  wt|s  not  heritor  but  only  tutor  to 
)^  grandchfld,  and  did  not  reside  ordinarily 
in  the  west  but  at  Edinburgh,  where  it  could 
not  be  pretended  that  thir  persons  for  whom  he 
was  accused  were  nottourly  known  to  be 
rd>els  ;  that  one  of  them  had  a  pass  from  the 
kinff*s  advocate  whom  he  had  dismissed  for 
lack  of  probation,  and  that  he  had  pursued  re- 
moving afininst  another  of  these  rd)e]s  before 
the  shenn,  and)  had  ejected  him  out  of  his 
ground :  which  is  all  that  the  4tb  act  1681 
requires.  Yet  these  were  all  repelled  :  and 
the  justices  found  he  should  have  presented 
him  to  justice  as  a  rebel ;  and  that  tne  eject- 
ing him  out  of  bis  land  was  not  sufficient. 

<<  Then  he  was  upon  the  6th  day  of  l^ebru- 
.ary  again  brought  to  the  pannel,  and  he  came 
in  will,  and  submitted  to  the  king.  Whereupon 
some  of  the  justices  were  sent  to  the  chan(xulor 
and  some  of  the  privy  council  to  see  if  they 
Xieeded  lead  probation  against  him,  seeing  he 
had  confessed ;  but  they  were  appointed  to 
do  it,  to  give  evidence  that  what  they  had  al- 
ledged  was  not  calumnious ;  whereupon  the 
witnesses  were  led  (the  former  depositions  that 
had  been  taken  being  first  burnt,  lest  it  should 
be  esteemed  a  preingagement,)  and  several 
acts  of  reset  and  converse  were  proven  against 
him  ;  and  the  assize  being  inclosed  returned 
him  guilty.  I  heard  some  charge  his  lawyers 
with  an  omission  in  forgetting  to  propone  on 
the  S6th  act  pari.  12  James  6,  where  only  de- 
nunciation at  the  market-cross  where  parties 
dwell,  puts  the  lieges  in  maiafide  to  reset,  but 
not  a  denunciation  at  Edinburgh  which  was 
the  case  of  Blackwood's  rebels ;  for  this  was 
a  most  important  and  material  point 

<<  His  sentence  was  pronounced  on  the  7t1i 
February  1683 ;  that  he  should  be  taken  to 
tbe  cross  of  Edinbursrh  upon  tlie  28th  of  Fe- 
bruary next,  and  his  head  to  be  severed  from 
his  shoulders,  and  all  bis  lands  and  moveables 
to  be  forfeit  to  the  king  ;  and  his  arms  were 
reversed  and  torn  at  the  cross  with  sound  of 
trumpet  They  ^ve  him  thir  20  days  time 
to  apply  to  his  majesty  for  a  panlou,  if  he  could 
obtauf  it :  but  without  recommendations  from 
^iir  Court  bcra^  he  oould  not  expect  to  come 


nrWdr,    [1024 

to  doe  the  lykis  diligence  witliout  dday,aiHS  toa 
from  shyre  to  sfayre  wbill  they  be  *appcc^ 
hended  and  brought  lo  justice  or  expelled  wA 
pott  furth  of  the  realme,  and  finder  wbenefcr 

speed  at  London.    This  seeming  rigorompro- 
oeduie  with  Blackwood,  who  bad  ben  vety 
wary,  cautious  and  drcumspect  in  biswafttne 
(tiiough  of  disaffected  principles)  frightened  loi 
alarmed  many ;  fbr  th^  considered,  that  dure 
were  few  in  the  six  western  shires  but  woe 
more  guilty  of  that  sort  of  converse  widi  tiKM 
who  had  been  at  Bothwel-bridge,  than  he ;  aod 
now  it  was  apparent  that  the  chancdIoraDd 
present  governors  were  resolved  to  pot  tfam 
laws  vigorously  in  execution.    JoA  'they  did 
not  stand  to  blame  tbe  late  mimsttn  of  itite, 
who  did  not  poize  tbe  execution  of  tbe  laitv 
and  government  with  an  emial  hand,  bat  some- 
times rdaxed  and  flattered  the  pbaiiati«s  ai  if 
they  had  been  afraid  of  them;  dappiof  their 
heads  ;  and  at  other  times  with  thebigUiBd 
host,  and  the  bond  and  lawborrows,  would  not 
onW persecute  but  even  extirpate  them;  audit 
had  been  tdlhigtiie  country  ttiai  my  Isid  Stair, 
Craigie,  &c.  had  not  opposed  the  talnng  tbH 
bondagainst  conventidea  m  167B ;  lor  it  ni^ 
have  proven  an  efiectual  mediiim  ef  keeping 
the  commonalty  in  awe,  their  masters  once 
being   bound  tor   their  good  bchavioaT,  not 
daring  to  give  them   tl^   least  oonnivMiee. 
However  if  Blackwood's  interlocutor  be  de- 
signed to  be  made  a  l^iding  practick  agiistf 
all  concerned,  the  king  may  get  forMled  hndf^ 
enough,  andtiie  indemnity  in  1679  wiU^bappoi 
to  do  more  hurt  tiian  good  for  ^oietng  die 
country :  fbr  that  pardon  coming  so  soddenly 
after  fiothwel-bridffe  rebellion,  it  took  away 
the  terror  and  apprmenaion  of  it,  so  that  scarce 
any  stood  in  awe  to  take  home  these  p^rsooi 
ibr  tenants  or  servants  virfao  had  been  at  Botb- 
wel-bridge,  without  examining  whether  tbey 
had  tsdcen  Uie  bond,  which  was  the  cooditiott 
of  that  indemnity  ;  and  so  this  proiniscaoos 
converse  is  now  like  to  prove  a  great  soare, 
and  there  are  80,000  in  Scotland  engaged  id 
this  guilt  without  any  disloyal  purpose,  but 
merely  through   inadvertency,  and  pity  and 
compassion  to   these  poor  people.    So  tbat 
there  is  an  al^okitft  necessity  for  a  new  indem- 
nity—which came  in  Aprif,  clogged  with  die 
test  and  sundry  other  restrictions. 

<<  Blackwood  on  the  8th  Februaiy  gave  in  a 
petition  to  the  privy  council  for  a  recommen- 
dation to  his  mn^esty  for  a  remission  ;  but  it 
was  not  judged  humbfe  and  submissive  enougb, 
and  so  it  got  no  answer. 

«  The  marq^uis  of  I>ouglas  on  the  12tb  Fe- 
bruary gave  m  a  bill  to  the  privy  cwmcii, 
craving  a  prorogation  of  Blackwood's  time  of 
execution,  becaiise  he  had  been  his  chamb«r- 
lain  for  these  10  or  12  years  bygone,  and  had 
not  given  him  his  acconipts,  and  it  ^"^^^^/S" 
quire  some  time.  The  Lonls  waved  this  wfl, 
but  ordained  my  lords  DundonnaWand  Abbott* 
hall  to  take  a  view  of  the  accompCs.  Tbwoa 
a  new  bill  given  in  by  him  on  the  %%^  Fewt< 


1025]         STATE  TRIALS,  35  Charles  If.  iGSO.-^for  High  Treason.         [  1 026 


any  nianner  of  traitors,  rebelU,  or  unknown 
men,  vagabonds,  bimpensto  rejMire  in  the 
countrey,  all  the  Hedges  knowing  them,  or 
amongst  whom  they  resort,  shall  with  ali  jios- 

ary,  they  prorogued  and  continned  his  day  to 
Ihe  first  Friday  of  April,  and  on  a  new  appli- 
cation till  November  1683. 

*'  This  case  of  presetting  rebels  is  much,  agi- 
tate by  the  doctors,  and  they  make  resetting 
Jrequeniativum  and  so  not  a  single  act,  and  an 
abstracting  and  conceahng  them  from  justice  ; 
which  is  a  step  and  desree  farther  than  naked 
fMmveise.  See  Menodi.  de  Arbitrar.  judic. 
qnatft  cas.  347,  348.  The  crime  of  resetting 
traitors  has  been  little  noticed  in  Scotland  as 
treason.  I  find  the  unprinted  acts  of  parlia- 
ment in  1455,  *■  That  none  reset  the  earl .  of 

*  DoiM^las ;'  tand  by  the  last  printed  act  in  1 5 10, 
klnff  James  the  finh  gives  a  general  pardon  to 
all  but  them  who  corresponded  with  the  earl 
of  Angus  and  bis  brethren,  only  since  they 
were  forfeited  and  not  before :  now  it  was 
easy  to  shun  the  falling  into  thfU  crime,  being 
few  and  eminent  persons,  not  an  obscure 
rabble  as  those  many  thousand  rebels  at  Both- 
'wd-bridge  were;  and  since  1540  till  now,  the 
rigorous  pursuing  of  this  crime  of  reset  has 
irieeped  ever  till  this  process,  vide  Carpzov. 
Vsus  Arbor.  Consanguin.  But  reason  of 
«tate  may  nrevail  over  ali  this,  where  under 
pretence  or  acts  of  common  humanity,  they 
support  and  keep  life  in  the  rebellion,  so  it 
cannot  be  extinguished  without  punishing  all : 
and  the  crooked  tree  must  be  bended  contrary 

'  te  the  other  side,  to  bring  it  to  a  rectitude,  and 

*  ttbi  crimina  frequentir  grassantur  tunc  exa- 
'  cerbantur  poenae.'  But  ^  distingue  tempera,' 
and  this  crime  of  reset  is  either  more  or  less, 
aocording  as  the  effects  and  consequences 
of  it  are  nxnre  or  less  influential  or  pernicious 

'  to  the  state." 

In  1  Foantainhall,  245,  it  appears  that  in 
Nor.  1683,  Lovrie's  execution  was  respited  tiU 
the  following  April. 

ThisLowrie,  or  Lowry,  or  Laury,  or  Lawrie, 
b  sometimes  called  Weir  or  Wier  (he  or  his 
fiither  bad  married  the  heiress  of  Wier,  4  Laing, 
131,  2nd  ed^  and  in  the  Index  to  Fountainhtdl 
be  is  called  Mr.  Robert  Blackwood ;  irom  that 
estate.  These  different  names  have  caused 
difficulty.  See  Fox's  first  letter  to  Laing, 
paUished  by  lord  Holland,  in  his  Address  to 
the  Reader,  prefixed  to  Fox's  Historical  Work. 

Bomet's  Account  of  this  Case  is  as  follows  . 


*^  One  Weir  of  Blakewood,  that  managed 
ike  nanjnis  of  Douglasses  concerns,  was  ac- 
cused of  treason  for  havingkept  company  with 
one  that  had  been  in  the  business  of  fiotnwell- 
hridge.  Blakewood  pleaded  for  himself,  that 
the  person,  on  whose  account  he  was  now  pro- 
secuted as  an  abettor  of  traitors,  had  never 
been  marked  out  by  ihe  government  by  pro- 
cess or  proclamation.  It  did  not  so  much  as 
appear  that  he  had  ever  susjpected  him  upon 
(fiat  account    He  had  lived  in  his  own  bouse 

YOJU  ix. 


sible  speed  certifie  his  majesty,  oraome  of  his 
secret  councill  or  some  of  the  cheiff  persons  of 
autboritie  and  credit,  dwelling  within  the  same 
shyre,  that  sick  persons  (it  they  be  knowcn) 

quietly  for  some  years  after  that   rebellion 
before  he  employed  him  :  and  if  the  govern- 
ment seemed  to  forget  his  crime,  it  was  no 
wonder  if  others  entered  into  common  dealii.gs 
with  him.    All  the  lawyers  were  of  opinion, 
that  nothing  could  be  made  of  this  prosecution : 
so  that  Blakewood  made  use^  of  no  secret  ap- 
plication, thinking  he  was  in  no  danger.     But 
the  Court  came  to  a  strange  sentence  in  this 
matter,  l^y  these  steps:  they  judged,  that  all 
men  who  suspected  any  to  have  been  in  the 
rebellion  Were  bound  to  discover  such  their  sus  • 
picion,  and  to  give  no  harbour  to  such  persons : 
that  the  bare  suspicion  made  it  treason  to  har- 
iMNir  the  person  suspected,  whether  he  was 
guilty  or  not:  that  if  any  person  Mas  under 
such  a  suspicion,  it  was  to  i>e  presumed  that  all 
the  neighbouriiood  knew  it :  so  that  Ihere  was 
no  need  of  proving  that  against  any  particular 
person,  since  the  presumption  of  law  did  eh-otc. 
It :  and  it  being  proved  that  the  person  >^ith 
whom  Blakewood  had  conversed  lay  under  that 
suspicion,   Blakewood   was  upon  that    con- 
demned as  guilty  of  high  treason.    This  was 
such  a  constructive  treason,  that  went  upon  so 
many  unreasonable  suppositions,  that  it  shewed 
the  shameiessness  at  a  sort  of  me d  who' had 
been  for  forty  years  declaiming  against  a  par-  . 
liamentary  attainder  for  a  constructive  treason, 
in  the  case  of  the  earl  of2$trafford«  and  did  . 
now  in  a  common  court  of  justice  condemn  a 
man  upon  a.train  of  so  many  inferences  that  it . 
was  not  possible  to  make  it  look  even  like  a 
constructive  treason.    The  duy  of  his  execution  < 
was  set :  and  though  the  marquis  of  Douglas  . 
writ  earnestly  to   the  duke  fur  his  pardon, 
that  was  denied.  He  only  obtained  two  months 
reprieve  for  making  up  his  accounts.    The  re- 
prieve was  renewed  once  or  twice  :  so  Blake- 
wood was  not  executed.    This  put  all  the  gen- 
try in  a  ^reat  fright :  many  knew  they  were 
as  obnoxious  as  Blakewood  was:  and  none 
could  have  the  comfort  to  know  that  he  was 
safe.     This  revived  among  them  a  ctesign, 
that  Lockhart  hail  set  on  foot  ten  years  before^ 
of  carrying  over  a  plantation  to  Carolina.    All 
the  Presbyterian  party  saw  they  were  now 
disinherited  Qf  a  moiu  part  of  their  birth -right^ 
of  choosing    their  representatives  in  parlia- 
ment :  and  upon  that  they  said,  they  would 
now  seek  a  country  where  they  might  Uve  un- 
disturbed, as  freemen,  and  as  Christians.   Tlie 
duke  encouraged  tlie  motion  :  he  was  glad  to 
have  many  untoward  people  seut  far  away, 
.who  he  reckoned  would  oe ready  upon  the  first 
favourable  coojuncture  to  break  out  into  a  new 
rebellion.    Some  gentlemen  were  sent  up  to 
treat  with  the  patentees  of  Carolina:  they  did 
not  like  the  government  of  those  Palatinates, 
as  they  were  called :  yet  tlie  prospect  of  so 
l^reat  a  colony  obtained  to  them  all  the  condi- 
tions they  proposed.    1  was  made  acquainted 
3     U 


1057]    STATE TRIAIA  35  Charles  If.  l€9S, ^Trtat  of  lawrh  of  tTdr,    [am 


we  within  the  same,  and  if  they  be  anknoim 
sliowiDg:  their  todcens,  and  for  what  cause  they 
pretencTtbemselves  to  be  wandering*  athort  the 
country,  *er  lurkinir  in  any  part,  under  the 
paine,  that  the  traitors,  r^iells,  or  vagabonds 
ou^ht  to  have  sustained,  in  bodies  or  goods 
themsehes,  in  case  they  had  been  apprehended, 
presented,  and  convict  be  justice.  And  be  the 
fourteenth  act  of  the  sixt  parliament  of  ki^g 
James  the  second,  it  is  declared  that  all  who 
shall  recept  such  arefuglisied  for  crymes  if  the 
cryme  be  notour  or  the  tresspasser  a)nvict,  are 
guilty,  are  ordained  to  be  punished  as  tl^eprin- 
cipalf  trespasser,  and  be  theynvntie  seventh 
act  or  thV  seventh  parliament  or  kidg*  James 
the  fyft,  all  sberrefe,  bailzecs,  and  opiers  arc 
ordained  to  doe  diiigence  to  apprehend  all  rebells 
who  are  at  the  born  for  capitall  crymes,  and 
that  no  man  willfully  or  wittinglie  recept,  sup- 
plie,  maintaine,  dei'end,  or  doe  favour  to  any  of 
nis  majesties'  rebells,  and  being  at  his  mio- 
tics' horn  within  their  houses,  lands,  or  bail- 
'ziarics,  under  the  pain  of  death,  and  confisca- 
tion of  llieir  moveables.  Nevertheless  it  is  of 
verity  that  John  Balfour  of  Kinloch,  the  deceist 
David  Hackstoun  of  Rathillet  and  others  havhiff 
upon  the  third  day  of  May  M.  D.  C.  and 
seventie  nyne  killed  and  murdered  his  grace, 
James  late  archbishop  of  St.  Andre^vs }  they 
to  escape  justice,  and  involve  others  in  ^lenr 
goilt,  fled  into  the  western  shyres  and  there 

vith  all  the  steps  they  made ;  for  those  who 
were  sent  up  \vere  particularly  recommended 
to  mo.  fn  the  negotiation  this  year  there  was 
no  mixing  with  the  male- contents  in  England : 
only  they  who  were  sent  up  went  among 
them,  and  informed  them  of  the  oppressions 
they  lay  under  ;  in  particulnr  of  tne  terror 
with  which  this  sentence  against  Blakewood 
had  struck  them  all.  The  Court  resolved  to 
prosecute  that  farther :  for  a  proclamation 
was  issued  out  in  the  beginning  of  the  year 
1683,  by  which  the  king  ordered  circuit  courts 
to'  be  sent  round  the  western  and  southern 
coudties,  to  enquire  after  all  who  had,  been 
guil^  of  harbouring  or  conversing  with  those 
had  been  in  rebellion,  even  thongh  there  had 
been  neither  process  nor  proclamation  issued 
out  ^gainst  them.  lie  also  ordered,  that  all 
who  were  found  guilty  of  such  converse  with 
them  should  be  prosecuted  as  traitors.  This 
inquisition  was  to  last  three  years  :  and  at  the 
end  of  that  time  all  was  to  conclude  in  a  full  in- 
•  demnity  to  such  as  should  not  be  then  under 
prosecution.  But  the  indemnity  was  to  take 
place  immediately  to  all  such  as  should  take 
the  test.  This  was  perhaps  such  a  proclama- 
tion as  the  Vrorld  bad  not  seen  sinc6  the  days 
of  the  duke  of  Alva.  Upon  it  great  numbers 
run  in  to  take  the  test,  aeclarin^  at  the  same 
time,  that  the  v  took  it  against  their  cotisdences : 
but  they  would  do  any  thing  to  be  safe.  Such 
as  resolved  not  to  take  it. were  trying  how  to 
settle  or  sell  tl.eir '  estates ;  and  resolved  to 
l^ave  the  country,  which  was  now  in  a  very  op- 
pressed and  desperate  state." 


rose  in  a  desperatand  avowed  Tdiettsii,  nift 
many  others  their  acoompiiote  sod  assodslN, 
and  the  said  Wm.  Lawrie,  bein^  a  petioii  whs 
haftli  largHe  shared  in  his  majesties  Booafie  «4 
lavonr,  by  the  acts  of  indemnitie  emitted  \j 
him,  Mbeit,  he  was  brought  under  the  coia* 
pass  of  his  miyestiea*  laws,  by  netoliatiD^  and 
corresponding  with  the  rdb^s  wm>  did  nse  ia. 
rebelimn  in  the  year  ld<M,  and  wasdefiite  it 
Pentiand ;  and  the  said  Wm.  Lawrie  penndiitf 
and  continuing  in  disailbction  to  his  mijesm 
government,  has   ever  smce  W  his  aidiii|f, 
abaiting,  andcotmtenaiM^ngrebells,  given  thoa 
too  much  encouragement  to  persist  and  ooati- 
nue  in  their  diaorderlie  and  rebdltout  coorsi, 
which  b  manifest  and  apparent  in  sua  fan  as 
the  greatest  part  of  the  lands  of  BUckwood, 
being  actuallie  in  the  kte  rebelfion,  June  W9, 
were  afterthe  rebelk  were  defkte  at  BodnrcB- 
bridge,  reoeaved  back  by  the  said  Wm.  Lswtie 
as  tenanta  of  the  said  lands,,  and  were  aUswed 
by  him  to  labour  and  manure  the  grooad,  and 
he  receaved  maill  and  dentie  fhmi  them,  nd 
particularly  upon  the  first,  second,  third,  and 
remanent  days  of  July,  Augu^  September, 
October,  November,  December  1660.  twoor  one, 
ane  or  other  of  the  days  of  aue  or  other  of  the 
months  of  the  years  above  specified:  tike  aid 
Wm.  Lawrie  of  Blackwood  recept,  aided,  as- 
sisted, countenanced,  hariioured,  mamtamtd, 
keeped  company  with,  gave  ioaeet,  drink  to, 
keeped,  maintained  upon  the  lands  of  filstik- 
wood  as  tenants,  receaved  nKiilt  and  dewtie 
from  them,  or  keeped  them  in  his  actnairser- 
vice,  payed  them  wa^es  and  fed,  the  peraoitf 
linder-written,  viz.  John  Rae  in  BlacKwood, 
John  Rae  his  sone,  Jolm  Cochran  in  Rocfae&ds, 
Thomas  Allan  in  Maognebill,    and  Robot 
Flemming-  tenant  in  Brackenrigg,  open  and 
manifest  declai-ed  rebells  and  traitors,  at  ksst 
fugitives,  and  at  the  horn  fhr  the  ciymes  of 
treason  and  rebellion,  at  least  notorions  reb^, 
holden  and  repute  in  the  country  to  havebeea 
in  the  rebellion  in  the  said  year,  1679.    And 
the. said  Wm.  Lawrie  supplied  and  correspond- 
ed with  the  sud  rebells  or  ane  or  other  ofmeiii 
recept  and  entertauoMd  them  as  said  is,  as  if 
they  had  been  his  majestie'a  ftee  hedges  aod 
subjects ;  wheretbrow  the  said  Wilfiam  La^ 
has  contraveened  his  majestie's  laws  and  acts  of 
parliament  and  incurred  the  paiae  f^  treason 
thereanent  at  least,  as  actor,  art  and  part  of  the 
foresaid  crymes,  which  being  fbund  be  ane  as- 
sisee,  he  oug^t  to  be  punished  with  forfeitiireof 
life,  lands  and  goods,  to  the  terror  of  ig^keoh  V^. 
committ  the  like  hereafter. 

Follows  ane  additional  Indytmeoti^iaiifitki 
said  William  Lawnti. 

Indyted  4nd  accused  that  wher  notwith* 
standing  be  the  lawes  and  acts  of  parliament  <tf 
the  crymes  of  treason  and  rebellion  are  punish- 
able, with  tinsell  of  life,  lands  and  goods,  and  the 
aiding,  assisting,  recepting,  maintaining,  onr- 
v^motttfoig  with,  ratihabitincf,  keeping  comj^ 
^virn,  and  codntenanceing  of  die  foresaid  cnrnci 
or  the  persons  actors  thereof  or  acceasorie 


1099}         STATE  TRIALS,  95  Cbables  U.  l6S3.-^ftfr  Htgh  Treman.         [lOaa 


.Ihoelo  if  fUBMhable  as  said  is,  BSfserthelsss 
tker  hemg  a  borrible  rebellion  begonoe  and 
jwrpetrat  in  tbewegteroesbirresof  this  Idog- 
oome,  in  tbe  year  1679,  the  said  William 
Liawrie  did  ao  Tar  own  and  counf enance  the 
.said  rehelUon,  and  die  perwnsaccessorie  there- 
tov  that  upon  the  first,  second*  and  remanent 
days  of  ths  months  of  May,  June,  and  Jul^ 
1670,  or  one  or  other  of  the  days  of  the  aud 
inonus,  the  said  WiUiam  Lowrie  did  commis- 
juonate^  authoiize,  impower,  or  give  order  to, 
or  connive  a^  James  Cleilland,  sone  to  Thomas 
CleiDaod  in  and  James  Wilsone, 

•one  to  John  Wilsone  in  the  toune  heid  of 
I>ouglas,  notorious  and  known  rebells,  to  come 
to  the  boose  of  Douglas,  and  there  to  robb  and 
take  awav  two  cannon,  which  were  thereat,  and 
«ererall  borses  belonging  to  the  marquis  of 
Dott^as,  and  a  horse  bdonging  to  the  said 
William  Imwrie,  wbieh  they  actimllie  did,  and 
camred  along^t  to,  and  were  employed  and 
maoe  uie  of  by  the  rebells  then  in  armes ;  and 
the  forenameu   persons  being  at   that  tyme 
challenged  or  demannded,  by  whatwarrand  or 
a^oritie  they  robbed  and  carryed  away  the 
«aid  cannons  and  faors^,  they  answered  and 
saia  the  same  was  done  by  command  and  war- 
xaod  of  tbe  said  WiUiam  JLawrie ;  and  afler  the 
«aid  rebells  were  defate  at  Bothwellbridge,  the 
cai^  Wiiltam  lawne  did  harbour,  recept,  en- 
tertain, interoommon,  and  keep  comoany  wtdi, 
the  forenamed  persons,  common  ana  notorious 
nbells;  ami  receaved  back  finom   them  the 
)iorMS  so  nobbed  and  imployed  by  them  in  the 
said  rebellion  ;  and  upon  a  process  being  per- 
-  Kwedby  his  majestie'sadvocat  before  the  lords 
of  prine  councill,  against  tbe  said  WiUiam 
Lawrie,  ior  recepting  of  rebells,  and  proba* 
tinn  made  tbereuntill ;  the  lords  aner  advysing 
thereol^  havinff  remitted  his  tryall  to  the  ior£ 
Jostioe  generalland^ounissioner  of justiciarie, 
le  in  farther  pereeyerance  of  his  disloyaltie  and 
disiiatisiaction  to  his  majestie's  government, 
and  contempt  to  his  laws,.hes  dared  and  pre- 
^luned,  since  or  before  the  giving  or  reoeaviog 
of  his  indytment,  correspond^  and  keeped 
eompany  with  the  said  James  Wilsone,  a  com* 
IBon  and  notorious  rdbett,  and  gave  onlers  and 
commission  to  him,  to  manage  his  afiairs,  and 
to  sell  and  dispose  ojpou  his  goods  and  gear, 
and  the  plenishing  or  the  rooms  belonging  to 
Iwin^f  or  whereof  he  hes  takes  or  is  in  pos- 
session, pertaining  to  the  marques  of  Douglas. 
And  the  fi>resaid  persons  rebells,  fore^d,nay- 
10^    after  the  defate  at  Bothwellhridge  re- 
M&red  back  to  the  towne  of  Douglas  ;  the  said 
William  Lawrie  being  bailsie,  chamberlane,  or 
tnistie  to  the  marquis,  did  so  fiu*  owne,  counte- 
naa^e,  recept  or  interconMm  with  the  said  re- 
bells, that  they  being  diallen{(ed  be  somek>yall 
persons  in  tbe  town,  for  their  accession  to  tbe 
said  rebellicm,  or  the  lyke,  the  said  William 
lawrie  oontrara  to  bis  trust,  and  tbe  duety  of 
all  good  sul^jeds,  was  .so  hr  from  apprehenJbng 
or  pimisbing  of  them  that  he  threatened  to,  or ' 
dia  punish  the  psrams  who  challenged  them, 
for  saids  crynwsy  m^  mffeied  tbe  rdklla  to 


escape  and  goe  free :  off  the  which  cry  mes  the 
said  William  Lawi'ie  is  actor,  at  least  art  and 
part,  which  being  found  be  sue  aasyse,  he  ought 
to  be  punished  by  tinsell  of  his  lyne,  lands,  aad 
goods,  conibrme  to  the  saids  laws  and  acts  of 
parliament,  to  the  terrour  and  example  of 
Others  to  committ  tbe  lyke  berealler. 

Follows  eneofher  additional!  Indytment. 

Yb  are  Indtted  and  accused,  that  wber 
notwitlistanding  be  the  lawcs  and  acts  of  par- 
liament  of  this  Idngdoine,  and  constant  prac- 
tique  thereof,  the  crimes  of  treasone  and  re- 
bellion, and  the  aiding,  assisting,  recepting, 
maintaining,  corresponding  with,  ratifaabitiag, 
keeping  company  with,  and  countenancing  of 
the  persons  guilty  thereof^  or  accessory  thereto, 
is  punishable  with  forfahure  of  lyffe,  lands, 
and  goods  ^  nevertheless  it  is  of  \erity  that 
there  being  a  horrid  rebellion  rais^  and  be- 
^ne  in  the  western  shyres  of  this  kingdome, 
in  the  year  1679,  and  James  Wilsone  in  Town* 
heid  of  Douglas,  Alexander  Gilbersoun  in  Syd 
of  Drumabao,  Adam  Thomsone  in  Mariegil], 
MathewFlemroingin  James  Lawrie 

kite  clerk  of  Donglas,  being  actuallip  ii^fagsd 
and  notorbe  knowen  to  have  been  in  tl^  said 
rebellion,  and  being  delated  by  their  ne%b- 
hours  and  the  country  people,  and  indyted 
therefore  at  the  late  justice  aire,  and  not  daring 
to  appear  (hj  reason  of  their  notorious  guilt) 
thev  were  declared  fugitives,  denunced  ra>elu 
anu  registrate  to  tbe  home,  and  the  said  James 
Lawrie  forfault  for  the  said  cryme,  and  yet 
notwitbstandbig  of  the  nottoritie  and  common 
report  of  the  persons  foresaid,  their  being  in 
the  rebelUon,  Uie  said  William  Lawrie  even 
since  (as  well  as  before)  tbsrf  were  declared  fu» 

g'tives,  denounced  rebells  registrate,  and  fore- 
ult  as  said  is,  hes  most  treasonablie  aided, 
abaitod,  assifted,  reoept,  mantained,  ratihabit, 
correspcMidit  and  keeped  company  with,  and 
countenanced  them  severall  tymes,  and  in  ape- 
ciall  tbe  said  William  Lawrie  did  upon  the 
first,  second,  third,  and  remanant  days  of  tbe 
months  of  January,  February,  March,  andnre* 
manant  rooneths  of  tbe  years  1679,  1660,  i 
16B1,  &  168S,  harbov,  recept,  and  maintain  tbe 
said  James  Wilsone,  a  nottorioos  rebell  within 
hisownhousof  Blackwood,  as  also  upon  the 
day  of  September  last  or  ane  or  other 
of  the  days  of  the  said  moneth,.the  said  Wil- 
liam Lawrie  gave  commission  to  the  said  James 
Wilsone  to  sell  his  nolt  m  Skirline  fair,  which 
commission  he  accordinglie  accepted  and  obey- 
ed, as  also  suice  the  said  William^  Lowrie's 
imprisonment,  within  the  Tolbuith  at  Edin- 
burgh, he  hes  several  tymes  conversed  and 
corresponded  wkh  the  said  James  Wilsone, 
and  did  there  oommissionat,  and  impower  hini 
to  sell  his  nok,  and  sheep,  and  siduyk^  upon 
ane  or  other  of  the  dayes  sf  the  moneths,  and 
years  above  spedfied.  The  said  William  Lawria 
did  most  treasonablie  conrerse  keep  company 
and  iatefcoauiion  with  the  saki  Alexander  GiU 
keisoB  a  nattorious  rebell,  did  aid,assist,  anck 
countmnoa  him  in  aua  ftr  M  he  procoMtt 


1031]     STATE  TRIALS,  35  Charlbs  n.  l6SS^^Truao/IjncriefnrWnr,     [im 


him  a  tack  from  the  maitniiB  of/Doiifflas,  of 
his  lands  of  8yd  and  gott  him  a  considerable 
ease  of  the  dewties  formerliein  use  to  be  payed 
tfaei^fore,  and  subscrybed  a  witness  to  the  tack 
itself,  and  the  said  Alexander  Gilkersone's  sob- 
stitntion  thereto ;  and  also  did  harboar,  main- 
taine,  recept,  and  defend  Adam  Thomson,  in 
lUarigill,  a  notorious  rebell  imploded  by  him  to 
buy^  and  sell  goods  for  him,  and  sold  liim  his 
tvool,  batter,  and  cheese,  and  receaved  money 
therefore  and  so, Well  did  he  know  that  the  said 
Adam  Thomson  was  in  the  rebellion ;  That 
CIaTerh6iisc  and  captain  IngUs  troups  behfig'  in 
that  country  in  the  search  and  pnrsute  of  re- 
>  bells,  The  said  William  liowrie  did  most  trea- 
sonablie  order   him   to  stay  in  the  castle   of 

•  Douglas,  where  he  ordered  bis  dyet  to  be  cfiTen 
him  and  secured  him  (as  he  promised)  till  the 
troublesonme  tymes  (as  he  called  them)  were 
OTer  and  the  parties  of  his  majesde^s  forces  had 

•  left*  the  conotrey ;  and  lykewayes  the  said 
William  Lowrie  did  harbour,  assist,  abait,  tnter- 
comon,  and  correspond  with  the  said  Matthew 
Fleymin^,  who  went  alongst  with  the  rebells  as 
cannonier  to  the  cannons  they  had  taken  from 
Douglas,  and  being  trustie  to  the  marques  of 
Douglas,  be  made  him  the  marques  FouUar, 
and  caused  herboiir,  and  entertain  him  in  the 
housci  and  give  him  ane  allowance  in  meall, 
and  allowed  the  same  Samuel  Doufflas  and 
James  Ogilf  ie's  aocompts ;  though  fie  was  a 
nototir  rebell  guilty  not  only  of  the  liUe  but  of 
the  rebellion  1666.  As  also  the  said  William 
Lowrie  did  correspond,  intercomon  with  the 
said  James  Lowrie  both-^before  and  since  he 
was  a  forfauh  traitor,  and  caused  him  sitt  as 
clerk  in  the  niaroues  courts,  imployed  him  to 
write,  takes  rentails  and  other  writes  and  secu- 
rities, procured  him  a  warrand  to  carry  armes, 
and  did  and  promred  him  and  the  persons 
above-named,  many  acts  of  friendship  and 
favour,  raOst  base)i«  and  perfidiouslie  abusing 
and  imposing  upon  the  marquee,  a  person  <n 
untainted  honour  and  loyaltie,  who  knew  not 
the  persons  above  ntoied,  nor  that  they  were 
rebf  Us,  he  being  the  marquess  trustie  all  the 
tvme. «  Off  the  whilkcrymes  above  written, 
the  said  William  Lowrie'Is  actor,  art  and  part, 
which  beingr  found  be  ane  assyse  •  he  ought  to 
be  punished  with  forfaulture  of  lyfFe,1and,  and 
goods,  to  the  terror  Of  others  to  commit  the 
yke  hereafter. 

Persewer. — Sii*  Georffe  M'Kenzic,  of  Rosc- 
baugh,  his  majestie's  advocate. 

Procurators  in  Defence.  —  Sir  Geoi^e 
Lockhart,  sir  Patrick  Hiime,  sir  John  Gor- 
doune,  Mr.  William  Fletcher,  Mr.  HJchard 
Doii^las>  Mr.  Walter  Pringle,  Mr.  CoUne 
"M^Keuzie. 


Tlte  Lords  autboiin  the  advocates  for  the 
pannel  to  cotupear  and  plead  in  his  defence. 

Tf^e  Debate. 

Sir  Patrick  Hume  for  the  pannel,  alleadges 
ilenoying  the  libel  and  haiU  members  and  qua- 
lificatrotisthereof,  thai  he  ought  not  to-possto 


the  knowledge  of  ane  assyse,  Imo.  becaoie  n 
to  that  part  of  the  ly  beH  that  the  dcfoider  dil 
negotiat  and  correspond  with  die  rdMls,  U» 
year  1666,  that  was  defat  at  Pentland. 

It  is  answered,  That  it  is  very  well  knowi 
that  the  defender  hes  always  behaved  himseif 
as  a  peateeable  and  loyal  subject,  and  is  do  wayes 
incl^'ned  to  faction  or  seditions,  to  connienaooe 
or  encourage  rebells  or  seditious  persons,  hot 
upon  all  occasions  readie  to  concurre  for  gap- 
pressing  rebells,  and  he  did  noways  negoUit 
or  correspond  with  the  rebells  at  FVmdaodfailb, 
ferder,  then  he  was  appointed  by  autboritie,  it 
bein^  by  express  warrand  and  command  of  hb 
exc«lence  generall  Dalziell,  who  then  com- 
mand his  majestie's  forces,  that  the  defeader 
should  goe  intimat  and  make  known  to  tbe 
said  rebells,  the  proclamation  of  hismiyestie's 
privy  counoell,  for  dissolving  and  layiii|[  down 
their  armes  and  submitting  to  bis  mjyeatie^ 
autboritie,  which  was  so  mr  from  bemg  ine 
act  of  disloyalties  that  it  was  a  great  tectJniQiiit 
of  Ins  zeall  and  affection,  to  hi^  majestie's  ser- 
vice, and  his  exeeUence  did  suffidendie  vindicat 
the  defender  of  tins,  before  bis  majeide) 
privy  oouncell. 

Sdo.  Whereas  itislybellit  that  the  defender 
did  aid,  abait,  and  countenance  the  rebefls,  in 
so  farr  as  the  greats  part  of  tbe  teaeDti  of 
Blackwood,  beine  in  the  rebeHion  1679,  ifler 
the  rebells  were  mfate  at  Bothwdlbridge,  wot 
recept  back  be  the  said  defender  as  tenenti 
upon  his  lands  and  were  allowed  be  him  to 
labour  and  manure  the  same,  and  that  he  re- 
ceved  maill  and  dewtie  from  them.  The  lybell 
in  80  generaH  termes  is  not  relevant,  unless  the 
particular  persons  were  condescended  apoB, 
and  as  to  the  particular  persons  mentioned  in 
the  lybell  it  is  not  relevant  against  tiiedeAoder, 
unless  these  persons  who  it  is  alleadged  he  did 
aid,  abait,  or  assist,  were  first  found  ^piihy  of 
being  in  the  rebellion,  for  aiding,  abaitug,  and 
conversing  with  being  only  acts  of,  accession 
to  the  cryme,  the  defender  as  goihy  of  tbess 
crymes  cannot  be  insisted  against  tiefore  Ik 
principaH  parties  be  discust. 

8.  Et  separatim.  The  lybel]  is  not  rdevsnt 
unless  the  persons  mentioned  in  the  Ivbell  witb 
whom  the  defender  is  alleadged  to  nave  con- 
versed with,  aided  and  recept,  had  been  inter- 
commoned  be  letters  of  interoommoning,  « 
that  th6' defender  had  aided,  assisted  or  kepped 
correspondence  with  them  when  Uiey  ^w** 
actuallie  in  armes  in  aeiione  et  rebeUioneSt  sdng 
letters  of  interconmioning  are  granted  and  pnb- 
lished  for  that  efiect  that  it  may  be  known  who 
are  rebelh,  the  liedges  being  diereafler  put  in 
mala  fide  to  aid,  converse  wi3i,  or  assist  them, 
and  these  are  the  specifick  acts  fixed  ufOD  bj 
law  that  can  only  put  the  Ueget  nt  mala  /Wc. 

4.  The  persons  mentioned  in  tbe  lybcfl,  vitb 
whom  it  is  alleadged  the  defender  did  ^^^^B^TTf 
with,  and  bong  tenents  as  is  acknowledgw  by 
the  lybell,  they  were  secured  by  tbe  Act  of  In- 
demnity, upon  taking ihe  bond,  never  to  c«w 
armes  agakiat  bis  majettie ; .  and,,  howerer,  u 


1033] 


STATE  TRIALS)  S5  Charles  II.  l683.-/iir  High  Treaion.        [1034. 


thrr  hat!  neglected  to  take  the  bond,  and  so 
Rot'have  the  benefit  of  tl^at  act  themselves,  yet 
seing'  they  were  persons  capable  of  the  indem- 
nhie,  the  lieges  were  in  bona  fide  to  converse 
witli  and  recent  them  upon  the  lands,  seing 
they  might  rationatlie  presume,  that  if  the  said 
persons  tiad  been  in  the  rebellion  that  they, 
would  have  taken  the  benefite  of  the  Act  of 
Indemnitie. 

His  Majestie's  Advocat  replyes,  Tliat  he 
insists  upon  Blackwood's  former  carriages, 
only  be  way  of  aggravation^  the  same  being 
too  notour,  cither  to  be  proven  or  ommitted  ; 
and  astothegeneralitie  of  thelybell  founded 
on  in  the  first  defence,  he  makes  no  further 
Qse  of  it  than  for  the  same  effect.  As  to  2nd, 
wherein  it  is  contended  that  recepting,  &c.  are 
'only  acoesdons,  and  so  arc  not  relevant  till  the 
principall  traytor  be  first  copvict.  It  is  re- 
plyed,  that  recepting  is  per  se  a  species  of  trea- 
son, and  so  declared  by  the  acts  of  parliament 
and  common  law,  and  they  are  discust  as  far 
as  the  law  can  allow.  In  sua  far  as  they  are 
denunced  fugitives,  and  though  they  were  not, 
yet  the  nottorietie  of  the  rebellion  shall  be 
proved. 

To  the  3rd,  bearing,  the  persons  should 
faaVe'been  intercomon^  who  are  alleadged 
to  hove  been  recept  or  els  should  have  been 
such  as  were  actuallie  in  armes.  It  is  an- 
swered, that  by  our  law  the  recepting  of  nottor 
and  open  rcbeils,  or  of  such  as  are  denunced 
fugitives,  is  sufficient  without  intercomoning  in 
the  case  of  treason,  neither  which  acts  docs 
require  intercomoning,  and  intcrcomoning  is 
only  used  by  the  lords  of  privy  councill  in  Jess 
attrocious  crymes  than  treason,  such  as  mur- 
ders, reiifes,  or  *  ob  majorem  sccuritatem  exin- 
*  dulgentia  lefi^s,'  for  givint^  farder  notice  to 
persons  who  Live  at  a  gfreat  distance,  and  as  to 
this  point  the  lords  interioqutor  already  jiro- 
nounced  is  bearing :  recepting,  harbouring, 
giving  meat,  drink,  Sec.  to  persons  notorlie  and 
openfie  rebdlious  or  who  were  denunced  and 
put  to  the  home.  This  is  in  itself  very  just, 
since  there  can  be  notliing  better  notified  to  the 
people,  then  when  either  tlie  cry  me  is  ane  open 
rebellion  and  committed  in  the  same  country 
ami  shyre,  of  where  the  persons  are  publishedf, 
denunced  fugitives  conforme  to  the  act  of  par- 
liament and  the  letters  of  denunciation  regis- 
trat,  which  might  been  easilie  known  by  any 
ivho  had  done  the  least  diligence,  nt>r  would 
letters  of  intercom moning  hare  done  more,  and 
intercommoning  being  only  where  it  is  dubious 
to  the  people,  whether  tney  might  converse 
-(vith  persons  guilty  of  such  and  such  crymes. 
There  was  no  dubttie  as  to  traytors.  The  acts 
of  parlia^nentof  the  nation  having  discharged 
intercomoning  with  these  de  jurcy  and  the 
cry  me  itself  being  lykwayes  so  tiotorious. 

To  the  4th.  I  thought  his  majestiewas  g^- 
riously  pleaseil  according  to  his  often  abused 
deroencie  to  grant  any  indemnitie  to  tenents, 
yet  'tiiat  was  only  upon  condition  they  should 
take  the  bond,  and  therefore  except  the  condi- 


tion had  bein  purified  by  taking  the  bond,  the 
persons  remained  still  rebells,  and  the  same  law 
and  reason,  that  oblieged  thein  to  know  that 
they  were  rebells,  did  lykeways  discharge 
them  from  recanting.  Sec.  except  they  had 
actiialie  layd  hold  on  the  condition  of  his  ma- 
jestie's  clemency.  And  the'  pannell  and  all 
others  should  have  abstained  till  he  had  seen 
the  saids  persons  cleared,  which  was  a  thing 
very  easie  for  him  to  have  done,  but  itaucn 
more  should  he  have  done  this,  when  he  and 
others  lived  in  the  same  shii-e  with  them,  and 
keept  them  upon  his  land,  nor  could  there  be 
any  securitie  fi)r  the  government  if  such  law- 
lessness were  allowed,  especially  seeing  the  law, 
for  preservation  of  the  commonwealth  anil 
public  securitie  as  well  as  becxius  of  the  odi- 
onsness  of  thecryme,  has  commanded  all  his 
majestie's  liedgto  to  certifie  his  majestic  when 
any  ?uch  traitors  were  in  the  countrey,  which 
is  yet  a  higher  degree  of  dilligence,  and  which 
is  reallie  necessary  for  preserving  the  kingdom 
against  rebellion,  and  wee  have  found  by  ex- 
perience, that  this  laxness  has  Ijccn  the  occa- 
sions of  rebellions  in  which  we  have  exceeded 
all  the  nations  of  the  world,  to  that  liigbt  that 
wee  have  even  lost  the  notion  of  treasons,  nor 
will  wee  ever  be  secure  till  our  laws  again  be 
returned  to  their  deu  execution. 

Sir  George  Lockharl  duplys,  That  the  fore* 
saids  defences  adduced  for  the  pannel  stand  re- 
levant, and  are  no  ways  eleided  by  the  foresaid 
reply,  and  in  so  far  as  concerns  the  point  of 
aggravation  the  pannel  thinks  it  no'  wayes 
necessarie  to  insist  tliereupon,  it  being  notour 
and  evident  that  he  acted  nothing  except  by 
express  warrand  and  commission ;  and  as  to 
that  part  of  the  defence,  that  the  pannel  by  all 
the  acts  and  qualifications  lybelled,  being  only 
conveined  as  a  recepter,  maintainer,  and  cor- 
respohder  with  rebells,  cannot  be  put  to  the 
knowledge  of  an  assize,  unless  the  oebells  were 
first  convict.  ^It  is  in  itself  most  just  and  rele- 
vant, and  by  his  majestie's  advocates  own  con- 
fessi6n  must  take  pWe,  as  to  such  of  the  per- 
sons condescended  upon  who  were  neither  for- 
fanlted  nor  so  much  as  declared  fugitives,  and 
as  to  the  wholl  persons,  the  defence  is  relevant 
and  founded  upon  express  laws,  andparticu- 
larlie  upon  the  statute  of  king  Davul  2nd, 
caput  19,  wher  it  is  expresslle  ordained, 
'  coram  rcge,in  plenoparliamento  (|uodsuper- 
cedendum  est  de  receptatorealicujusmalefiic-; 
toris  injdicandi  sive  appellandi  quousq.  recep- 
tatus  indicetur  et  si  receptatus  quietus  fuerit 
receptatur  quietus  sit  sine  alioqua,  alioqua 
assizam  et  autem  receptatus  damnatus  fuerit 
receptator  habebit  assizam.'  Which  law  is 
80  clear  and  positive  as  does  exclude  all  de- 
bate in  the  contrair,  and  requires  that  any  jier- 
soi^  persewed  as  guiltie  of  recept  or  comple<9 
cannot  be  put  to  the  knowledge  of  ane  assize^ 
all  such  qualifications  being  but  a  degieeof  ac- 
.cession,  unless  the  principal  partie  wer  first 
judiciallie  convict,  and  the  reason  is  most  appa- 
rent, because,  if  this  order  were  inverted,  it 


1035]     STATE  TRIALS,  35  Ch ASUS  II.  1  OS^.-^rml  qflmme  &r  Fctr,    [103& 


might  fidl  o«t  that  one  rnkflilL  be  cw^maneA  as 
accessor  or  accomplice  of  the  alledged  cryme 
of  another,  who  when  be  came  to  bie  tryed, 
mi^htbe  acQuit,  of  the  aaioe  cryme,  Vhicn  if 
it  £d  ensue  oehooved  to  conTince  that  ihe  iirst 
who  was  cOpdemned  was  absolutely  innocent. 
And  the  samen  is  also  expresslie  determined 
Quon  attachi :  Caput  83.  Likeas  as  iherare  a 
j^reat  many  persons  condescended  uppn,  with 
whom  it  is  lybeUed  the  panoel  did  correspond, 
harbour,  mantaine  and  recept,  Wer  neither  for- 
fault  nor  declared  fo^tives,  as  to  many  other« 
who  are  declared  fugitives  and  prisoners,  and 
in  thepower  of  his  mijestie's  officers  to  sist 
and  brmg  acttialtieto  tryal.  It  is  not  at  all  re- 
levant to  pretend  that  they  are  either  forfault  or 
declared  fugitives,  unless  they  were  forfault 
upon  a  probation  of  the  cryme»  and  of  tne 
treasonaole  fact  itself,  which  is  the  medium 
concludendi  in  thialibell  against  the  pannel. 

And  as  to  that  point  of  the  lybell,  That  the 
pannel  is  guilty  of  the  recept  and  harboiirinff 
of  rebells  end  corresponding  with  them,  and 
doeing  the  other  acts,  and  deeds,  and  qualifi- 
cations lybell^.    It  is  dnnlyed,  That  that  part 
of  the  lybell  is  not  founded  upon  the  acts  of 
parliament,  narrated  in  the  lybell  itself,  and 
Being  a  poynt  of  universall  consequence,  that 
tends  to  mvolve  whole  tracts  of  oountreys  in  the 
cryme  of  rebellion.    It  is  hoped  the  lords  of 
justidary  will  proceede  with  all  possible  ten- 
derness to  introduce  and  establish  suohapre- 
prative,  seeing,  albeit  it  is  to  be  resreted,  that 
ther  have  been  frequent  iustanoes  (3'  rebelHon, 
yet  by  no  precedent  upon  record  it  can  be  mad 
appear  that  persons  were  ever  persewed,  much 
less  found  guilty  of  the  cryme  of  treason  upon 
tlie  qnalifications  lybelled,  except  by  the  high- 
>est  degree  of  diligence  and  execution,  a  public 
marie  and  seal  were  put  upon  such  rdltells, 
Mid  the  leidges  expresslie  discharged  to  intcr- 
Gooimon  with  ibem,  and  the  laws  and  acts  of 
pariiament  of  this  kingdom  must  be  understood 
to  proceeiTupon  the  same  principles  of  policie 
ana  justice,  which  was   established  by  the 
common  law,  and  by  the  laws  and  policies  of 
other  nations  and  be  the  common  law,  and  that 
be  the  <  Ad  htg.  Jul.  Ma.  wher  dedita  opera,' 
there  is  a  condecescension  of  the  sev^^l  neads 
an^  grounds,  whereupon  the  crymes  of  treason 
is  imerred,  which  is  very  large  and  compre- 
liensive ;  yel  in  the  4th  law  of  the  same  title, 
the  law  itself  conader  the  qualification  lybelled 
on^  in  these  terms,   *  Cul  Juste  opei'c  dolo 
^  malo  hostes  populi  Romani  coroeatu  armis 
'  telis  equis  pecuniae  aliva  re  adjnti  erunt,' 
which  was  to  enemies  in  the  state  of  rebellion, 
as  the  glosse  and  all  lawyers  doe  acknowledge, 
imd  by  the  laws  and  polLciee  of  other  nations, 
ivhere  such  supply  and  correspondence  does 
not  relate  to   ^oeUs   actuallie    hi   rebellion, 
publict  diligence  is  interpreted  which  in  other 
coimtreys  is  called  Mannum  and  ^ith  us  Letters 
of  Intercomoning,*  and  after  which  all  his 

*  As  to  Letters  of  Intercomoning,  seetheNote 

m  Tol.  0,  p.  1S08. 


mi^estie'sliedges  are  then  under  the  kHBiidsf 
guilt,  and  of  being  involved  in  their  emnes  fe» 
harbour  recept,  suply  or  intercomon  withRklli, 
and  it  is  evident  trom  the  acts  of  parliament, 
whereupon  the  lybell  is  founded,  that  Ihis  is  • 
just  io^port  aud  mterpretatioo  of  the  said  acta, 
and  consuetude,  whico  is  optima  Ugii  inUrprUt 
has  so  interpret  the  same  and  no  other  loue 
can  be  elicit,  from  the  144  act  par.  13,  in  Ja.i. 
Lykeas  it  is  evident  from  the  said  act  that  tk 
rebells  therein  mentioned  wer  still  ^oonsidered 
as  rebells  actuall  in  rebellion  and  oader  actoall 
prosecution,  all  hb  majestie's  leidgea  be  caltod 
to  persew  them  from  soyre  to  shyre,  or  the  act 
proports  and  the  lords  of  iusticiaiy  wiU  be 
plea^  to  take  notice,  that  the  acts  of  parlia- 
ment lybelled  upon,  doe  not  commeooe  only 
the  case  of  such  who  had  been  actuallie  in  ra- 
hellion,  but  the  case  of  all  crymes  for  wbidi 
parties  were  denounced  and  put  to  his  Quyes- 
tie's  borne,  and  it  were  ane  odd  consequence 
to  imagine  that  it  was  the  sense  and  import  of 
the  said  act,  That  tlie  simple  oonversii^  with 
criminalls,  after  they  were  either  convict  or 
declared  fugitives,  should  involve  his  nuyestj^s 
leidges  in  the  punishment  of  their  crynies, 
unless  letters  of  intercomoning  were  directed 
against  them  as  a  public  brand  and  mask  ta 
harbour,  recept,  supply  or  intercooian  vitb 
them. 

3.    As  this  is  the  true  import  and  the  just  in- 
terpretation which  all  former  precedents  and 
customes  have  fixed  upon  these  acts  of  parlia- 
ment, so  much  more  it  ought  to  be  sustained  ia 
the  particular  case  of  this  pannell.    Id  respect 
after  that  execrable  rebellion  wherein  too  many 
were   involved,    his    sacred   muesty  baring 
thought  fittfrom  hisclemencie  andgoodaeas,  to 
offer  a  general!  indemnitie  to  pecsofies  of  aa 
higher  degree  than  teneots,  upon  their  sub- 
scribing tlie  bond ,  it  was  sufficient  to  take  offany 
cryme  that  could  be  inforoed  against  his  m^ 
tie's    subjects,  who  were  innocent  of  tnese 
crymes,  though  any  such  thing  could  be  provea 
a^paiast  the  pannall,  that  efVer  the  said  iBdeo- 
nitie,  he  had  recept,  supplied,  dorrespoDded, 
int^rcomoned,  or  keeped  company  with  anv  at 
the  said  persons,  in  regard  both  be,  and  all 
pthers  his  nu^eaty's  lieges,  had  reason  to  pre- 
sume and  behove,  that  any  who  were  guilty  w 
the  rebellion  woiild  readily  lay  hoM  aad  em- 
brace the  tender  of  his  majestie's  iodemoitie; 
and  thou£;li  the  not  taking  of  the  bond  nu^ 
veriei u^tUe forefault  the  r^ells  themselves, the 
benent  of  the  said  indemnitie,  yet  that  c^i^ 
be  obtruded  upoii  the  pannall,  the  isi^dfif  <v  no^ 
taking  of  the  bond,  bdng  a  poynt  mfi^ 
alicwff  fix  lawe  presumes  another  to  ^  j^^ 
ignorant ;  and  wno  had  no  reason  to  **^ 
the  same,  fioding  such  persons  to  repair  to  tbeir 
dwel$n^ placeSfUvepeaceablie, pubirdie,  eon- 
verse  with  all  men,  to  reoeave  no  troable^Wf 
be  under  no  prosecution  from  bis  ^^J^yv* 
officers  and  souldiers,  in  those  parts,  no'.*"* 
donatores,  nor  others,  having  commissioo  to 
uplifl  the  goods  of  rebels ;  all  which  conc^ 
ring  is  in  lawe  sufficient  to  eviqce  that  of 


1057]        STATE  TRIALS^  95  Charlbs  II.  ISBS.'-Jhr  Bl^  TVtmom.  [103« 


panoa]  cannot  be  found  fifyflty)  npon  the  ac- 
count of  his  recent  of  sncn  persons,  and  dodng 
tiie  other  acts  ana  qoaliflcations  labelled,  these 
being'  the  common  acts  bearing  no  relation  to 
the  crymes,  nor  no  wayes  temfing  to  maintain 
or  secure  rebells  from  the  jost  proseciUion  of 
lair  ]y  ke  as  the  pannall  is  in  a  special!  case  and 
dillerent  from  many  other  heretors,  and  persODs 
io  the  oountrey ;  in  respect  that  albeit  tbe  per- 
cones  condescended  upon  are'  lybdied  to  be 
tennents  of  tbe  lands  of  Blackwood,  yet  the 
Dannall  was  not  so  much  as  heretor  of  these 
lands,  but  which  did  belong;  to  the  deoeist, 
George  Weir  his  sone,  as  air  of  Tailzie,  to 
im^or  Bennendyne,  and  wherein  was  in  pos- 
session several  years  before  and  after  the  re- 
bellion ;  and  afi  the  interest  tlie  pan^l  had, 
-was,  that  some  two  years  after  his  sone's  death 
he  became  tutor  in  bw  to  his  grtwdchildren,  and 
appoynted  chnmbedaDds  fw  olifting  the  rents 
aM  payioff  his  sone's  debts,  and  had  not  so 
tDocn  as  his  residence  upon  tbe  lands,  but 
liyed  ata  oojosidmbie  dislanee  and  fSur  tbe  most 
part  in  the  city  of  Edinburgh. 

And  as  to  what  is  urged  tnat  the  Lords  of  Jos- 
tieiarie  -by  their  intenoquitor  in  another  case 
bave  found  that  it  is  sufficient  to  make  a  party 
guilty  upon  the  salifications  lybelled  that  the 
rebells  were  couTict,  or  denunced,  or  notorious- 
lie  known,  held  and  repute  to  be  rebells.  It  is 
answtred  tfadt  it  is  hoped  the  lords  of  justici- 
atie  both  may  and  will  consider  their  inter- 
loquitors  with  all  due  regard  to  tbe  import  of 
the  same  and  to  all  former  precedents  and 
enston^  as  to  this  poynt,  and  it  will  appear  by 
tbe  debate  that  there  was  no  such  a]leaqg;eance 
preponed  be  law  and  custome  letters  of  inter- 
ctoioning  and  it  does  not  in  the  least  import 
that  such  letters  use  to  be  direct  by  authoritie 
of  the  lords  of  privy  councell,  because  if  that 
were  acknowledgea  yet  it  is  just  they  should 
be  direct  as  to  that  effect,  to  make  the  Iredges 
inTohre  in  the  same  crymes  of  treason  and  re- 
bdlion,  whereof  the  rebelb  are  denounced. 
-  And  as  to  that  part  of  being  notorious  rebells, 
law  and  custom  hes  condescended  upon  letters  of 
intercomoning  to  inferr  the  same,  and  certalnlie 
noiifrium  in  the  terms  of  lawe  is  not  applicable 
to  this  case,  for  that  is  never  understood  but 
where  is  committed,  '  palam  et  in  spectante,' 
that  *  non  egit  probatione'  as  is  clear  by  Matth. 
*  deprobationibus*  cap.  IS^imd  be  Julius  Clar. 
Si.Tinals,  cap.  9. 

'  And  the  persons  mentioned  in  the  former 
lybells  whereupon  the  lords  of  justiciarie  gave 
their  Interloqoitor  wes  master  John  Welsh  and 
odiers  who  were  actuaftie  intercomoned,  as  also 
there  was  nothing  foflowed  upon  that  interlo- 
qnitor,  but  the  parties  notwithstanding  were  im^ 
mediately  discust. 

His  Majettie^s  Advocate  triplies,  Tliat 
where  recepting  is  only  ane  accession^  as  in  the 
cases  cited,  viz.  Crimen  Latrocinij,  5cc.  Ther 
they  being  only  persewable  as  receipters,  the 
pmci|>all  must  be  first  discust.  Those  lawes 
speaking  only  of  recepters,  but  the  pannal  is 


^lersewed  for  the  ciy  me  oftreasMi  as  ane  crimi*. 
nail  principal!  and  not  as  ane  accessory  cryme, 
it  bemg'  expressUe  by  the  14  act,  6  pari,  king 
James  9,  aedared,  diat  firae  it  be  notour  or 
the  tresspasser  convict,  he  shall  be  punished  in 
lyke  manner  as  the  prindpall  trespasser,  and  so 
may  be  punished  without  any  previous  tryall.  - 
And  which  law  bemg  posterior  to  the  &rmer 
dioe&  not  at  all  appoynt  that  the  prindpall  should 
be  first  discust,  and  the  extnordinarieness  of 
the  cryme  did  require  so,  nor  would  it  be  absurd 
at  all,  that  such  as  secure  those  who  were  de- 
nounced fogitives  for  treason,  should  be  execute 
though  therafter  tbe  pannall  were  acquytt,  for 
the  should  haveabstained  fVom  recepting  or  com- 
fbrtii^  any  persone  that  was  declarea  fugitive 
fbr  treason,  without  making  themsdres  judges 
whether  the  persons  declared  fugitive  were 
fpah^  or  not,  and  if  this  were  true  denuncia- 
tions for  tresion  would  ngnifie  notbiog. 
Lykeas  by  the  14th  act  12  part  K.  Ja.  6 
speaks  only  of  those  who  recepts  traitors  and 
rebells  oontemptuousIie,remaiungat  the  home, 
so  that  though  they  were  never  so  ignorant 
yet  the  recepting  of  them  whilst  they  con- 
temptuously remained  at  the  home  is  declared 
treason,  wifliout  speaking  of  their  beingguilty. 
^  Whereas  it  is  contend^  that  our  acts  of  par^ 
Uament  most  only  be  inteipret  of  sucb  as  re- 
ceptand  assisted  at^uali  rebeUs,  it  is  answered^ 
that  certanly  all  such  as  are  declared  enemies 
to  the  country  and  denunced  for  treason  are  in 
the  construction  of  biw  actuall^rebells  et  hoitn 
tsipcnt,  whether  they  be  in  aetuaU  armes  or 
lurking ;  or  can  any  man  think,  if  a  general  of 
a  defate  army,  or  a* man  who  had  killed  the 
king  and  denunced  therfbr,  would  not  be  such 
ane  actuall  enemy  in  the  c<Nistruction  of  law» 
as  thatthe  recept  of  hhn'  were  treasdn  ;  and 
the  said  144th  act  strides  agi^nst  such  as  re- 
cept those  that  are  wandering  tbrougfa  the 
country,  or  luridng  in  any  place,  and  that  is 
lykewayes  by  the  meaning  of  tbe  said  les 
quarto.    It  lieing  most  just  that  he  should  be 

<  repute  hostes  populi  Ronoanj'  who  does  com- 
mit treason  agamst  him,  hostes  being  nroperiy 
ane  enemie,  uA  all  traitors  .being  sucn.  And 
in  the  construction  of  lawe  and  common  reason 
all  such  as  are  dedared  traitors,  most  still  be 
looked  upon  as  such  as  are  ready  upon  all  oc- 
cafdons  to  take  unarms,  and  want  only  tha 
power,  not  the  will. 

As  the  Intftrioquitor  is  most  clear  in  the  terms 
foresaid,  so  it  is  no  matter  whether  any  pan- 
nal were  punbhed  osaftiritto  to  that  interlo- 
quitor,  that  having  proceedit  fbr  want  of  wo- 
bation.  And  if  tner  had  been  probalwn  ttiej 
would  have  been  forfiiult.  The  yadgeB  having 
declared  this  to  be  law. 

As  to  tbe  case  of  notorielie,  it  is  oonleiided 
that  some  things  are  notour  jjer  ^  notorietatem 

<  Juris  ;*  and  omers,*  per  notorietatem  factinoto* 
*  rium  Jnris  est  per  sententia  or  Banmim ;'  and 
in  our  law  no  person  is  denunced  fugitive,  but 
by  the  sentence  and  command  oC  a  pudge  de- 
claring him  f\sgitivtL  and  no  nation  under 
hearen  hei  a  more  solid  and  oertane  ¥ray  ofin- 


1039]     STATE  TRIALS,  35  Charlks  11.  }6&3.^Trialo/Lomie  or  IVeir,     [1040 


clacing  this  '  notorieiatem  Juris,'  viz..  Open 
Prpclamation,  ^ifijring  of  copies  on  tbe  Mcrcat 
Cro^,  and  permanent  open  RegLstei*s,  and 
there  may  be  lyke^vayes  a  *  notorietas  facti 
*  per  famam,'  though  the  people  have  not  seen 
the  ground  of  the  notorietie.  As  for  instance 
Robert  Hamiltoun  generall  is  notourlie  known 
to  have  been  general,  and  if  any  of  us  had  re- 
cept  him  immediately  after  Bothwell,  though 
before  he  was  denur.ced  fugitive,  if  they  had 
known  hira  to  have  been  Robert  Haradtoun, 
they  had  been  certainly  guiltie>of  treasone,  as 
having  recept  a  notour  rcbell ;  for  else  it  should 
be  la  we  to  recept  all  men  before  they  were  J  e  - 
nunccd  fugiti? e,  though  their  guilt  were  never 
so  hayuous,  and  so  notour  and  ordinarlie,  tbe 
recepting  them  immediately  after  the  cryme  is 
more  dangerous  than  after  denunciation;  be- 
cause, then  they  are  only  seeking  shelter,  and 
need  to  have  their  escape  made.  Whereas  or- 
dinarly  they  are  secure  before  they  can  be 
gotten  declared  fugitive.  Of  all  persons, 
Blackwood  is  most  guiltie,  and  if  this  lybcll 
be  not  found  gailtie  against  him,  it  cannot  be 
afi^ainst  any,  for  he  did  not  only  converse  tran- 
siently^ but  kec{)ed  men  upon  bis  own  ground, 
CDtertamed,  corresponded  with  very  many,  and 
in  effect  with  all  that  ever  came  inliis  way,  and 
that  for  many  years,  and  even  ttie  persons  who 
had  taken  away  cannon  publictlie  in  the  towne 
wher  he  dwelt,  nay,  and  efter  he  was  in  pri- 
sone  for  that  same  verie  cryme,  and  thougn  he 
was  not  heretor  he  was  loco  domini  being  tutor 
and  quo  ad  recept  it  was  all  one,  for  it  is  the 
keeping  on  the  sroundi  and  not  doing  acts  of 

Sroperty,  that  makes  recept ;  and  if  the  duke  of. 
funmouth's  chamberlane  should  recept  all  the 
tenants  who  were  rebells,  this  might  be  as  well 
alleadfi^  for  him,  nor  can  Blackwood  allead^ 
that  tois  wa^  a  latent  treason,  but  it  was  of  its 
own  nature,  an  open  and  notour  treason,  viz. 
an  actual  rebellion,  which  all  men  should  have 
been  jealous  off,  and  secured  against,  an^  be 
shoold  have  seen  that  his  own  tennents  should 
have  taken  the  bond,  lyke  as  what  ever  may  lie 
said  in  single  acts  for  men  whose  principles 
are  above  all  suspition ;  yet  m  such  a  long 
tract  and  such  a  complication  of  ffuUts,  the 
couneeil  having  formerJie  bein  inrormed  by 
persones  of  great  honor  concerning  Black- 
wood's kvodness  for  tbe  first  rebellion,  and 
common  oruit  and  open  fame  of  bis  kyndness 
for  all  persons  of  those  principles,  tner  was 
extraordinary  reason  to  prosecute  Blackwood. 

•      IfUerloquitor, 

The  Lords  having  considered  the  indyte- 
tnents  persewed  be  bis  ^lajesty's  Auvo- 
cate,  against  William  Lowrie  of  Blackwood, 
with  the  defences  proponed  for  the  pannal,  and 
haill  debate,  repells  the  defence  and  reply, 
in  respect  of  the  answer  and  duply,  and  finds 
the  indy  tements  as  they  are  lybelled,  viz.  That 
the  pannall  as  heretor  of  the  lands  of  Black- 
wood, or^  as  tator  and  manager  of  that  estate, 
recept,  maintained,  haiboured,  and  inter- 
eomoned,  or  conversed  with,  or  did  favours  to 


the  persons  lybelled,  who  are  declared  traitors, 
or  denunced  and  registratc  to  the  home  for  re- 
l)elIion,  ornotoiious  and  kuowen  rebells  who  ' 
have  been  actuallie  in  the  rebellion.  Relevant ; 
and  reniitts  the  same  to  the  knowledge  of  the 
Inquest. 

Curia  Justiciarle,  h.  D.  N.  "Refps  tenta  ia 
Prsbtorio  Durgi  de  Edinburgi  5th  Feb. 
1683  per  Nobilem  et  Potentem  Comitem 
Jacobiim  Comitem  de  Perth,  Justiciarium 
Grneralem,  et  Hicbardum  Dominom  de 
Maitland  Clericum,  et  honorabiles  viras, 
Robertum  Dominum  de  Nairne,DomiQoa 
Jacobum  Foulis  de  Collingtoun,  Davidem 
Balfour  deForrct,  et  R(^erum  Hog  de 
Plarcauss,  et  Alexandnim  Seton  de  Pit- 
medden,  Commission^rios  Justiciaris  dicti 
S.  D.  N.  Regis. 

Curia  l^time  affirmata. 

Intrarif 

William  Xoivrie  of  Blackwood  prisona*. 

Indited  and  accused  for  the  crymes  of  trea- 
son in  manner  mentioned  in  his  Jybell  uiindU 
precedente, 

Fersewcr.Sir  George  M'Kenzie,  of  Rose* 
haugb,  his  majesty's  advocate. 

Procurators,  in  defence,  ut  supra. 

The  lords  caused  to  be  read  tbe  Inierloqotar 
before  pronounced,  and  remitted  the  aaaie  to 
the  knowledge  of  the  assyse. 

AssisA. — John  RiddeU,  of  Hayning ;  John 
Gordon,  of  Caimburrow  -,  George  Mortson,  of 
Bognie ;  John  Gordon,  of  Avochio ;  James 
Murray,  of  Skirling ;  Andrew  Hamilton,  mer- 
chant; Thomas  Brown,  late  Bailzie;  Joha 
Johnstone,  of  Poltnn;  Alexander  Cniiksbank^ 
merchant ;  John  Muir,  of  Park ;  Sir  W^illiam 
Binning,  of  Walevfoonl ;  Thomas  Fairholroe* 
merchant;  Patrick  Still,  vintnier;  Alexander 
Abercroinb}',  vintniei' ;  Thomas  Wilson,  mer- 
chant. 

The  Assise  lawfuUie  sworn,  no  objectioa  of  the 
law  in  the  oontrarie. 

The  Interloqutor  read  in  presence  of  the 
pannell  and  assyse,  and  instruments  taken  thefe 
upon  bv  his  majestie*8  advocate.  It  was  al- 
ledged  oy  sir  Patrick  Hume,  that  the  pannel 
yet  cannot  pass  to  the  knowledge  of  ane  assyse, 
Primo,  because  the  lybells  being  in  goieral 
terms,  that  the  defender  did  assist,  recept,  &c. 
the  persones  lybelled  ane  or  other  of  the  days 
of  the  mounths  of  the  year  1679,  1C80»  168^ 
and  1682  :  it  was  not  relevant  unless  the  par- 
ticular tyme  and  place  were  condescended 
upon,  as  is  clear  from  the  common  law,  leg.  3. 
sect.  De  excusationibns  et  inscriptionibuii,  by 
which  it  is  expresslia  provyded  that  the  tyme 
and  place  and  other  drcamstancfis  ou^ht  to  be 
conoocended  upon,  <  generaliterprsecipitaroDa- 

*  nibus  que  reum  aliquam  deferunt  ne  autem 

*  diem  ne  horam  invitus  comprebendit  quod  li-  ^ 

*  belli  inscriptionum  legitime  ordinati  hod  fae- 

*  runt  rei  nometh  aboletur.'    As  also  it  is  dear 
from  tbe  laws  of  our  neighbour  Mtioa,  stat  S7, 


1041]  STATE  TRIALS^  55  CHarlrs  IL  i633.-^/2^  High  Treasau.         [l()4t 


Hcnnr  8th,the  day  yetr  and  place^ust  be  ex- 1 
wemy  condetceDded  apon,  and  Andreas  GaUl, 
lib.  1,  Obeerf  at.  64.  nuns.  9,  where  he  says  ex- 
prewly  that  *  in  criminati  acctuiatione  8i  iion 

*  contineat  locum  et  tempus  delicto  ipso  jure 

*  nulla  est.*  As  also  it  is  clear  from  oar  law 
cjoon.  attach,  cap.  184,  num.  Stband  cap.  75,  by 
which  ft  is  provyded  that  the  names  of  the  j>ar- 
ties,^day ,  yeaf  and  place,  cause  of  complaint  and 
damage  must  be  condescended  upon,  ny  which 
-it  ia  evident  that  it  is  as  neoessar  to  express  the 
tyme  and  place  in  thelybeli  as  the  parti^  name 
o^  cryme  for  which  tney  are  persewed ;  And 
the  reason  of  the  law  is  most  just,  for  if  it  were 
otberwayes  that  so  general  a  lybell,  then  the 
defender  should  be  precluded  of  many  just  de- 
fences, audi  as  the  defence  of  alibi  and  others. 

8.  Et  teparatim^  that  the  defender  being 
tnit  tutor  to  his  mndchjid  and  hayinjo^  his  re- 
sidence focum  e^laron  constantly  at  Edmburgh, 
he  could  not  be  supposed  to  know  who  tt^ere 
i^ute  rebells  in  that  country,  or  who  were  in 
the  Portcous  Roll,  for  what  ever  may  be  pre- 
tendit  in  case  denunciation  were  made  at  the 
mareat  crose  of  Edinburgh  by  letters  of  inter- 
comoning,  that  cannot  be  extended  to  the  Por- 
taous  Roil  at  the  Justice  .Aire  of  that  countrey, 
and  he  not  being  tutor  served  tUl  J  uiy  1(>81,  it  is 
offered  to  be  proven  that  immediately  when  he 
had  his  title,  ne  did  diligence  and  ejected  such 
ipersones  oondescendit  upon  in  the  lybell,  al- 
leadged  to  be  rebells  as  were  tennents,  at  least 
MCted  their  families,  as  appears  by  a  precept 
far  ejecting  and  ane  instrument  of  ejection 
taken  thereupon. 

3.  And  lykewayes  teparatimj  it  is  offered  to 
be  proven  tnat  the  pertones  lybelled  wer  so  far 
firom  being  notourliek  nowen  or  repute  rebells, 
as  on  the  contrarie  they  did  openlie  i|nd  pnb- 
lictUe  converse  with  all  their  neighbours  in  the 
coilntrey,and  went  about  their  affairs,  and  were 
never  challenged  nor  troubled  by  any  of  his 
majestie's  forces  who  were  quartered  in  and 
about  that  place,  nor  by  the  donaiors  nor  others 
who  had  commission  to  intromitt  with  rebells 
goods,  so  that  they  were  never  looked  upon  as 
Mottoriotts  rebells  ;  and  it  ia  a  principle  in  law 
that '  receptam  banitum    toleratum  va  civitate 

*  Donteneuirad  penam.'Marcill.  etPract.Cnm, 
ff.  a^lgredior  num.  28,  especiallie  *  quando  talis 

*  patientia  et  tolerantia  fuerit  pnblice  et  palam,' 
and  several  of  the  persones  did  keep  public 
chaoses,  w  her  all  persons  wer  in  use  to  resort 
and  Keep  company  with  the  souldiers  and 
others  ot  his  majesties  forces  when  the  past 
and  repast  that  way,  so  that  the  said  persons 
not  being  looked  upon  as  notorious  rebells,  all 
the  country  people  and  others  about  the  con- 
versing with  them  can  never  inter  any  cryme 
against  the  defender,  much  less  the  crime  of 
treason,  and  if  this  were  sustained  then  all  the 
yeraons  in  the  country  about  that  conversed 
with  tiiem,  and  particularUe  those  of  his  ma- 
Leslie's  ibroes,  should  by  the  same  reason  be 
guilty  of  treason.  And  *■  qutelibet  causa  etiam 
« injusta  quelibct  credutitas  etiam  fatua  ezcusat 

*  a  dolo  presumpto  et  psena,*  25,  (>,  ff.  De  he- 

ro u  IX. 


'  reditatis,*petitione  et  non  puto  hunc  esse  pra- 
'  donem  qui  dolo  caret  qoamvis  injureret,'  aad  if 
need  beis  it  is  positivelie  offered  to  be  proves 
that  the  persona  mentioned  in  the  libel  were  not 
repute  notorious  rebeHs  in  the  country  whera 
they  lived,  at  least  at  Edinburgh  where  the  de« 
fender  had  his  residence,  which  is  sufficient  -to 
pur^  any  cryme  in  the  defender  by  his  re- 
cepUng,  aiding  or  conversing  with  the  said  per- 
sons, which  is  clear  from  the  lawyers  upon  the 
common  law  and  lawyers  upon  that  subject,  aa 
appeans,  by  Andreas  Gaill,  num.  1,  et  24.  As 
also  frpm  our  law,  quon.  attach,  cap.  ft^,  num« 
5,  et  cap.  75,  num.  4. '  si  autem  rexappellet  de 
*  aliqna  injuria  ap))e11atus  purgavit  se  versus 
<  regem  per  sacramentnm  duodecem  legaliuro 
'  hominum ;'  which  is  sufficient  ttf  take  off  pre- 
sumption of  his  knowlege,  that  he  did  converse 
with  known  not  our  reMIs^  and  the  Lords  of 
Justiciary's  Interlocutor  is  humblie  craved  upon 
all  these  poynts  separatim. 

His  Maje$tie^s  Advocate  oppons  the  several  ^ 
indytments,  being  all  a  tract  ^ofrecepting,  cor^ 
responding  and  converse,  and  which  is  as  fe- 
cial! as  the  nature  of  the  thing  will  allow ;  for 
as  to  his  own  tennents,  it  is  lybeHed  that  tliey 
remaned  upon  the  land,  and  as  to  those  that 
he  corresponded  with,  it  is  lybeUed  that  at  se- 
verall  tvmes  he  employed  tliem  to  sell  his 
goods,  Sec,  and  as  to  the  conversing  with  those 
who  took  away  the  cannon  and  cannoneir,  the 
fact  was  so  open  and  notour,  that  it  being  ddne 
in  the  verie  town  where  he  had  the  alwolute 
power  himself  and  ordinai'ilie  resided,  and  the 
fact  bein^  so  remarkable,  it  was  impossible 
that  any  bodie  could  nut  know  it.  Bat  as  to 
all  these,  the  former  interloquitor  sustaining 
the  lybell  is  opponed,  and  though  something 
may  be  said  why  a  particular  day  and  hour 
should  be  condescendei  on,  where  the  doing  of 
what  the  pannall  is  accused  for  is  lawfuU  at 
some  ^mes  or  hours,  yet  wher  it  is  all  tynies 
unlawful! /as  to  this  case,  the  lybell  neyther 
neids  nor  can  be  more  speciall. 

As  to  Blackwood's  diligence  in  putting  them 
off  his  ground,  it  is  answered,  that  whemer  he 
put  them  off  hb  ground  for  accession  to  the 
rebellion  or  not;  if  he  did  put  them  off  for  ac- 
cession to  the  rebellion,  instruments  is  taken 
upon  his  alleadgence,  and  the  Act  pf  Parlia- 
ment is  expressUe  opponedi  144  Act,  13  Par. 
Ja.  6,  whereby  all  persones  are  ordained  to 
apprehend  rebells  and  brii^g  them  to  justice^ 
Lvke  as  in  tliis  particular  case,  all  heritors  and 
others  his  majestie's  good  subjects  were  com- 
manded to  do  so  by  open  ]>rociamation,  and  if 
they  were  put  off  the  ground  for  that  cause,  it 
cannot  found  a  defence ;  and  it  would  be  a  veria 
strange  thing,  if  a  man  sliould  know  a  rebdl 
upon  his  ground  find  should  not  acquaint  tha 
government  ofnt,  the  acts  of  parliament  and 
interest  of  the  nation  being  so  clear  as  to  thia 
poynt,  and  it  were  ane  easie  thing  to  make  up 
pnvale  dUigenoe  in  that  case  where  men  may 
procure  private  instruments  and  make  up  ejec  • 
tions  in  ibeir  own  court|  but  tha  iuUtrloqiiittjr 

3X 


1045]     STATE  TRIALS,  35 Cuablbs  IL  iSHS.-^Trialqf  Imark  #r  Rtr,    [lOii 

of  tke  enmn^  m  oppone^,  hearing ht  tlMwld' 
have  dene  diligence  lo  approhcad  or  adfortise 
the  govornmenli  thai  they  ^^igbt  be  appre- 
hend, and  hia  nn^lealie'a  advocate  takes  in- 
atruineuts  upon  their  founding  upon  this^  in* 
terloqiiitor,  and  craves  it  may  be  admitted  and 
wpeated  *  in  toto  et  non  in  parte.* 

Aa  to  their  being  habite  apd  repute  persona, 
innocent  and  ottiers  having  conrersed  with 
them.  It  is  answered*  that  the  ieterloctttor 
having' aireadie  found  that  it  is  treason  to  oob- 
worse  with  pectons  denunccd  fugitive  foe  trea- 
<on,  or  (upaa  and  notorious  rebelfe»  the  opinion 
of  some  of  their  nsighboiics,  especially  in  a 
shyre  so  guiltie,  whick  was  of  itself  the  heat 
and  fomenter  of  the  warr,  their  opinion  is  pot 
to  be  considered,  for  it  sbewes  theu*  guilt,  bnt 
not  Blackivood'a  innocence ;  anda^rperadns 
are  actualhe  denunced  iusilives,  nothing  can  be 
rdevant  but  actusU  apprehending  of  them  con- 
form to  the  act'  of  parliament,  that  beinflc  by 
the  act  of  parliament  declared  to  be  the  oTutie 
of  everie  subfecft.  The  connivance  of  the  king^s 
officers  or  servants,  or  their  net  doetn|[  diDi* 
gence  cannot  excuse  a  master  keeping  hie  own 
tenants  on  his  own  ground,  for  tney  being  out 
transiiftitly  in  the  coimtcey,  and  strangers  are 
not  obliged  to  know;  and  there  is  a  great  dif- 
ference betwixt  them  and  masters  and  people 
eonstaotlie  living  upon  the  place,  espeeialty 
when  ther  were  evil  principled  asen  enough  in 
the  country  to  teU  the  sojors  thev  were  honest 
mrn,  and  to  hyde  them  fress  the  sojoss  as  is 
here  lybeUed  against  Blackwood.  As  to  the 
case  of  comnuigation,  it  is  new  obsolet  with 
ufif,  and  they  oebooved  to  be  die  oomputgation 
of  honest  men  who  had  done  dilllgenoe.  But 
all  that  ean  be  said  therefor  eorapurgation  or 
habit,  and  repute,  is  only  in  duhwy  hot  not 
where  ther  is  either  denunciation  which  is 
prohalio  pix)btUaj  and  against  which  no  pro- 
nation can  be  led,  or  vrheve  a  nrobation  of  the 
notorietie  founded  upon  sncix  extraordinary 
/  circumstance  as  are  lybeUed,  is  positivelie 
offered' to  be  pn^ven. 

Sir  George  Lockkari  duplys,  That  the  pan- 
nd's  pi-oearators  adheres  to  these  poynts  of 
the  defence  relating  to  the  iuformalttie  of  the 
lybdl  as  being  in  genetal  terms,  and  to  the  tex 
of  law^and  aothocities  cited  for  that  effect,  and 
as  to  the  distinctioik  noade  betwixt  cr^es  that 
are  onkwed  at  all  times,  and  to  which  ther  is 
no  neoessitie  of  any  special  oondescendton  tp 
be  made.  It  is  without  all  ground,  and  con- 
trair  to  the  express  words  of  the  law,  cited 
where  cry  mi*  stated  is  the  cr3rme  of  adultrie; 
and  where  the  fiirm  of  the  lyhcH  is  set  down, 
thsA  it  behooved  to  be  committ'^i '  doroo  illius 
*  mense  illo,'  and  the  rest  of  the  special  cir- 
cttiiistances  lybelUt  upon  that  importent  mle 
in  law,  that  <  non  licet  vagare  hi  crim2nal9>us,' 
«nd  that  the  pannel  may  not  be  pr^dged  of 
tboir  jnst  and  relevant  dmnoos. 

As  to  tbatpoynt,  that  the  paaoel'ideeiiig  dr* 
Vigence  forfemomg  the  pewons  condescended 
«pei|aaTebeUB.offbia'hMlk   It  is  nest  jtist^ 


net  at  all  elided  hy  the  reply,  and  it  is  not 
indeed  intelligabie  to  what  ngbt  this  ahil 
ninne,  if  the  qualificatioas  of  recept  lybellit 
shell  be  so  for  sustained,  as  that  oeitiier  beritsr 
nor  much  less  tutor,  shall  be  exonered  ii]mmi 
doeing  of  diligence  to  remove  persones  i^ 
are  suapea  «f  aocessioo  te  the  rd^eUion,  sr 
bruited  to  be  such  of  their  Isads,  pmat  hentnv 
not  being  in  a  capacilie  toaeaae  and  mskeniai 
prisoners*  whieh  is  the  duty  of  pnfaliet  jodga 
and  magistrates  iwon  the  place,  and  of  hisiBS* 
jestie's  officers  ana  seuldiers  in  the  frst  phea 
Lyke  as  the  interie^uitor  of  the  lords  of  privy 
coiUMill  U  expresshe  opponed,  and  as  ts  dnft 
nretenee  that  it  was  the  doty  of  the  paaasl  ta* 
nave  made  intimation  and  discoverie  of  wtA 
persones  to  the  govemmeDt.  It  is  answered, 
nrimOf  That  if  the  qualifications  of  the  Ivbdl 
be  true,  thateither  the  persones  were  decani 
fugitives  or  notoriousbe  knowen  to  be  rehdh^ 
th^  qualifications,  both  were  and  on^  ts 
have  been  knowep  to  the  judges  and  pvUiot 
magistrates,  as  much  as  to  private  persoan,  m 
as  there  was  na  neoossdty  of  intimatioa  sr  dik 
OQverie. 

9.  The  pannatt's  intenting  of  a  persnte  b^ 
fore  the  judge  ordinar  for  removing  the  suih 
persones  wa^  a  snfiicient  intimation,  and  the 
pannall's  neids  not  forder  insist  upop  this  poysl, 
out  oppons  his  dilk^enoe  founded  upon  aww- 
rand  and  decreet  of  removing^,  and  ane  ^ediia 
against  att  whom  he  susoeoted  to  be  gaiky  if 
any  accession,  and  whtc»  is  feood  rslevsnl  ky 
the  locds  ef  privy  'oouacilL 

S.  As  to  that  poynt  of  the  lybell,  at  A» 
least  that  they  were  commonly  holdeo  sad  re- 
pute to  be  notorious  rebdb,  the  fonnid  dcftetf 
IS  repeated  and  opponed,  by  whidi  it  iaofcni 
to  be  proven,  mat  the  persons  eondcsceaM 
upon  in  the  lybdi  were  so  far  from  b^sagu^ 
torious  rebells,  that  they  did  for  severaBycsif 
converse  puUidie  and  openlie  at  kirk  nd 
market  vridi  hia  majestie's  officers  and  sokKcn^ 
and  otliere,  and  were  never  qoestioneU  or  tna- 
bled,  and  in  the  opinion  of  all  lawyeis  that  ever 
were  extant,  or  did  write'upen  '  Crimins  Ns- 
torie,'  it  roost  be  such^  and  the  nottoricty  of  il 
so  apparent,  as  *•  null  tergevevsatiooe  ediii 
*  potest,'  as  being  oemmitt^  '  coram  pofMb^' 
and  which  firom  the  notorietie  of  the  net  itnlf 
requires  no  probation ;  and  as  to  that  esodksl 
criminalist,  Jul.  Chur^  Has  it,  quest  9.  ItisMt 
sufficient,  that  the  foot  whereupon  the  txjwt 
was  subsumed,  was  *  Nottor  nisi  etiani  art 


*  notorij  qoalitates  ipsuit  factiy  vi2.  Qood  adh 
'  defensio  vel  excusatio,'  compel,'  wbieh  isiS' ' 
possible  to  be  applyed  to  the  case  of  tbe^  pv* 
sons  condescended  upon  in  the  lybdl,  ia  le- 
gard  of  the  foresaid  defeocey  which  is  offssi 
to  be  proven.  And  also  Miatb.  in  bis  tide  9* 
Pft)bs^nibu8i  be  furder  requires  that  to  nikt 
out  any  notorious  cryme,  it  shoold  be  A 
reccn/t,  and  committedf  in  the  plaee  whcr  iso- 
ther  Uves,  and  had  his  residence  upon  the  luM 
of  Blaokweod,  where  some  of  the  persons  If- 
belUt  are  condescended  upon«  to  be  teossti: 
bntiiad  his  dM^eUing  tM^  roadenoQ-  at  £^ 


1 W53        SrftlTE  11ttALS»  55  Ch Alttfcs  11.  r6te.**ybf  fl%*  trtiRA;h.         [  1 046 


Iwuvb,  ttnd  to  ti%oni  it  eotild  not  be  voioHous 
tnd  erident  ^i!^  the  peiMtis  lybelM  wete 
Mlty  or  ttsoessorie  0f  the  rebfelnon,  and  far 
Ttm  ftoLt  ther  wbm  *  NaiU  dieftnftiif  nulla  &x- 
««iilpatfo,'  contiHfteiit  {n  regard  of  his  ma- 
Jertie*s  gpracious  tndeifiDitie,  aflowing  those 
who  were  not  heritors  the  benefit  of  the  bond, 
which  howerer  it  cannot  defend  the  persons 
ffnilty ;  yet  aopording  to  the  opioion  of  the 
towjera  atdd,  it  takes  off  the  qaatitie  of  the 
tiolonety  of  the  eryme,  so  lis  the  pannel 
cannot  oe  ovenaken  upon  that  ground,  and 
Hie  peraones  condescended  on  and  labelled, 
considered  as  notoriouslie  guUtie  so  as  to  make 
converse,  and  the  other  aualificatioos  lybelled 
import  against  the  pannafl,  that  he  is  guilty  of 
the  cry  me  of  treasone. 

Interloquitor, 
The  Lords  having  considered  the  wholl  ad-> 
ditionall  debates,  they  in  respect  of  the  iybell 
and  reply,  r^lls  the  defence  anent  the  gene^ 
ithlity  of  the  Iybell ;  as  also  the  defence  founded 
upon  the  paonall's  doing  diligence  and  non* 
irendence  upon  the  lands  of  Blackwood,  and 
repelki  the  defence  anent  the  notcHriede,  and 
aoneves  to  their  former  interloquitor,  and  re* 
mits  the  lybells  to  the  knowledge  of  ane  in- 

Farder  Debate. 
Sir  Patrick  Hume,  tor  the  pannel^  alleadges, 
Tint  he  cannot  pass  to  the  knowledge  of  ane 
assysse  in  sua  far  as  it  is  lybellit  that  the  pan- 
nan  aided,  assisted,  &c.  the  persons  mentioned 
in  the  lybeH  ;  first  as  to  John  Rae,  elder,  it  is 
cflWd  to  be  proven,  that  be  being  prisoner  in 
the  Tofbohh  of  the  Cacnongate,  he  was  discast 
upon  taking  of  the  bond.  As  to  John  Rae, 
^roimger,  he  is  not  a  tenent,  and  the  defender 
never  conversed  with  him,  and  also  he  being 
«|lprebended  and  brought  to  Edinbnrgh,  he 
and  Thomas  AHim,  another  of  the  pehsones. 
mentioned  in  the  lybeH  being  consious  to  them- 
selves of  their  own  znnooenoe  of  being  at  Both- 
well  bridge,  or  having  any  accession  to  the 
vebeUhm,  basgiven  in  a  petition  to  his  majestie's 
pinrt  oonnci^^  craviiuf  that  he  may  be  put  to 
tryan,  as  appeirs  by  the  .jjethion  ]>iOduced,  and 
m  finder  testmionie  of  their  loyaltie  and  affec- 
tion to  the  king  and  government,  that  they 
,  never  eniertained  an^  rebefiions  principles. 
They  ore  not  only  witling  to  take  the  bond,  but 
if  thgr  should  be  reqnyro),  they  are  lykewayes 
to  take  the  jtest.  And  as  to  tiie  said  Thomas 
Allan,  he  keeped  a  pnblid[  taveme  wher  all 
pBHwnes  resorted ;  as  also  it  is  ofiieTed  to'  be 
pnovett,  that  he  was  at  home  thetyme  of  Both- 
WlA  biic^.  And  «s  to  the  finst  additional!  I;^- 
bdt  bearmg  that  the  defender  did  commis- 
nfooat,  anthorite,  impower  and  give  orders  to 
Jnmet  defiknd  lybdlit  and  .Htmes  WOsone 
who  are  aJso  diedged  to  be  known  r^lls,  and 
to  have  taken  away  the  two  cannons  and  seve- 
imll  horses  bdonging  to  the  marqnis  of  Douff- 
las,  and  ane  hone  belonging  to  the  defen£r 
«nd  whieh  ate  aBeadged  to  be  employed  in, 
«nd  flttdcrnw  of  in  tro  rebdlkNiy  aiWayes  de- 


nying the  same  in  sna  fiir  as  ft  Is  lybellit  thdt  the 
defender  did  continne  with  the  saids  persones, 
it  is  not  relevant,  seeing  to  conniie,  '  uoraen 
est  nomen  juriSj'unless  the  defender  ha<l  actaailie 
given  command  or  warrand  to  thera  for  thai 
effect,  and  to  show  how  groundless  this  pre- 
tence is,  it  is  offered  to  be  proven  that  the  de- 
fender came  from  his  son's  house  of  Blackwood, 
and  upon  the  3d  of  June,  1G79,  came  to  the 
castle  of  Douglas,  and  waited  upon  the  mari]iu$ 
to  Edinburgh  upouthedd  of  June,  and  carried 
alongstvnth  him  ail  his  horses  except  a  young 
black  gelding  thkt  was  going,  in  the  park, 
which  the  marquis  had  bought  fi*om  the  defen- 
der at  Martinmas  before,  and  so  fer  was  be  (Vom 
conniving  with  the  rebells  that  least  they 
should  have  gotten  his  sone'^  horses  who  waft 
then  lying  sick,  he  did  bring  them  likeways 
along  with  them  to  Edidbuigh,  and  lent  one 
of  them  to  the  earl  of  Eglinton  to  goealongst 
with  hjs  majestie's  forces ;  and  the  defender 
did  stay  himself  with  the  marquis  at  Edinburgh 
all  the  time  until!  the  r^>ells  were  defate  at 
Botbwellbridge,  neither  did  the  defender  ever 
see  or  converse  with  the  said  James  Wil^n 
tin  October  1681,  that  he  was  invited  to  his 
father's  burial],  wher  he  did  see  him  witli  a 
number  of  other  persons  who  were  at  the  bu- 
riall  performing  that  act  of  charitie,  ^so  that 
the  defender  was  no  more  guiltie  of  conversing, 
with  him  than  all  the  other  persons  that  were 
present  at  the  buriall ;  and  albeit  it  could  be 
made  appear  that  the  cannon  wer  carry  cd  away 
from  the  castle  of  Douglas,  yet  it  cannot  be 
made  appear  that  it  was  done  by  the  said  Cleil- 
land  or  Wilson,  at  least  they  had  no  order  nor 
warrand  from  the  defender  for  that  effect,  and 
as  to  James  Cleilland  the  defender  could  not 
converse  with  him,  because  it  is  positivetie  ot% 
fered  to  be  proven  that  he  waskilled  four  days 
before  Botnweltbridge,  and  the  black  horse 
that  was  taken  out  of  the  park  of  Douglas  was 
•ahorse  belonffinfftbthemarouis,  and  not  to  the 
defender,  ana  aner  he  was  brougiU  back  by  a 
partieof  the  rebells  to  Lessmahago,  be  was 
taken  in  custodieby  some  of  the  mar<]uis's  ser- 
vants, and  being  snot  in  the  counter  he  died^ 
but  the  defender  nevermeddled  with  the  horse 
^ce  December  1678,  that  he  sold  him  to  the 
(narquis.  And  as  to  James  Wilson,  It  is  offered 
Ho  be  proven  that  he  was  a  conunon  drover  and 
M  buy  and  sell  since  that  time  in  miblict  iUirs 
and  mercats,  at  the  west  port  of  Edinburgh, 
House  of  Muir  and  other  fiurs  and  mercats, 
and  at  no  tyme  the  defender  or  his  .servants 
bought  or  sold  with  him,  and  he  is  not  in  a  Por- 
teous  Roll  nor  declared  fogitire.  As  also  as  a 
fkrder  evidence  that  the  said  James  Wilson  waa 
not  guiltie  of,  nor  had  accession  to  the  said 
rebellion,  he  bein^  apprehended  here  at  Edin- 
burgh, and  examined  be  his  inajestie*s  advo- 
cate, be  was  discust  as  not  beinff  guiltie,  and 
which  was  done  since  the  defender  was  impri- 
8on«l;  and  whereas  it  is  alledged  that  the' 
saids  peivons  who  are  alledged  to  have  been 
rebells  after  die  defeat  at  Botlhwellbriilge,  did 
repair  bade  to  &e  town  ^  Dongfas,  the  d€lie|[« 


1047]    STATE  TRIALS,  35  Charles  IL  le^S.-^Trial  •/  Lowrit  m-  Weir,      \  1041 


der  being  bailzie,  chainherlaiie,  or  trustee  to 
the  niarr|tils»  did  so  far  countenance  and  con- 
▼ei'se  with  the  saide  pereons,  that  they  being 
challenged  by  soin&of  the  town  of  Douglas  as 
dislovall  persons,  he  was  so  far  from  appre- 
hending or  punishing  of  them  that  he  threat- 
ened to  puiiisn  the  pei*sons  who  challenged  them . 
It  is  answered  that  the  alledgeance  is  both 
groundless  and  irrelerant,  because,  as  to  James 
Cleiliand,  he  could  not  come  back,  being  killed 
before  B(»t(iwellbrid^e,  and  w%  to  James  Wil- 
son, he  never  sawe  nim  till  October  1681,  at 
his  father's  bunall ;  and  the  defender  had  no 
power  to  apprehend  any  person,  for^it  is  offered 
to  be  proven  that  the  towi^  of  Douglas  has  two 
bailzies  elected  by  themselves,  and  David  Weir 
is  the  marauis  barren  bailzie,  and  Samuel 
Douglas  is  hischamberlane;  and  all  the  trust 
the  defender  had  in  the  marquis  affairs  since 
the  year  1679,  was  only  to  receive  and  take  in 
the  chamherlane's  accoropts,  so  that  he  not 
having  any  char^,  nor  ofl[ice,.nor  jurisdiction 
under  the  marquis,  it  was  not  in  his  power  nor 
incumbent  to  him  to  apprehend  or  present  any 
cf  the  persons  to  justice  that  were  suspeCt  to 
be  accessorte  to  the  rebellion.  As  to  the  2d 
additional  lybell,  whereas  it  is  alledged  that  the 
defender  diq  receipt  and  mnintaine  James  Wil  • 
sone  within  the  house  of  Blackwood,  that  he 
gave  him  commission  to  sell  his  nolt  and  sheep. 
The  former  answer  is  opponed ;  and  whereas 
it  is  alledged  that  he  sold  him  goods  in  Octo- 
ber last  in  Skirline  fair;  itjs  offered  to  be 
proven  the  defender  at  that  time  was  in  Eng- 
land both  the  months  of  August  and  Septeml]|er, 
and  the  defender  could  not  recept  him  in  the 
house  of  Blackwood,  since  he  had  no  interest 
in  the  house  nor  residence  there. 

And  as  to  Alexander  Gilkerson  the  same, de- 
fence is  repetcd,  that  he  publictlie  went  to  kirk 
and  mercat  and  publictlie  conversed  with  all 
the  countrey  people,  and  is  n6t  in  the  Porteous 
Roll,  but  lias  been  the  marquis  tenant  above 
thir  12  years,  by  paste,  and  seeing  it  is  known 
and  most  justlie  acknowledged  l>y  the  lybell 
that  the  marquis  is  a  person  of  untamted 
iionour  and  loyaltie,  and  if  his  roajestie's  most 
honourable  privy  councill'did  not  only  converse 
with  the  said  Alexander' Gilkerson  but  set  him 
a  tack  of  his  lands,  it  could  be  no  cryme  in  the 
defender  lykewayes  to  converse  withiiim.  And 
as  to  Adam  Thomson,  he  is  lykewayes  a 
publict  merchant  who  ordinarly  goes  to  pubUct 
fairs  and  mcrcats,  and  wheresu  it  is  alledged 
that  when  Claver house  and  captain  Inglis 
t roups  w'ere  io  the  countrey  to  search  for  re- 
hells,  tlie  defender  did  secure  the  said  Adam 
Thomson  in  the  castle  of  Douglas  untill  they 
were  away,  it  is  most  groundless,  for  the  de- 
fender dwelliuo;-  at  Edinburgh,  it  is  offered  to 
be  proven  that  ne  was  at  Edinburgh  the  tyme 
these  troups  were  at  Douglas. 

And  as  to  Matthew  lueyming,  th/e  former 
answera  are  lykewaya  opponed^  that  he  went 
publielie  to  kirk  and  marcat,  and  it  is  deneyed 
thai  be  bad  any  pension  from  the  marques, 
aiooa  the  jcar  1670',  and  whatever  persones 


the  marqoes  is  plcasad  to  eutcrtaioe  in  hik  ser- 
vice or  on  bb  ground,  that  can  never  infi»roe  a 
cryme  against  the  defender.  And  as  to  James 
Lawrie,  whereas  it  is  alleadged,  that  the  de* 
fender  did  not  only  oorrespond  and  interoomen 
with  him,  but  caused  bim  aitt  as  clerk  in  tba 
Qiarques^s  court,  and  did  so  larr  impose  opon 
the  marques  as  to  procure  him  his  iriendsbip ; 
It  is  answered,  that  it  is  strange  tbe  marmtei, 
being  a  person  of  so  great  honor  and  undoabced 
loyaltie,  that  it  should  be  so  much  as  imagined 
tluLt  he  could  be  so  farr  influenced  or  imposed 
upon  as  that  be  could  be  induced  lo  entertain 
any  persone,  or  make  him  clerk  of  bis  coart, 
that  was  knowen  to  have  accession  to  the  re- 
bellion ;  so  that  if  it  were  no  more  but  this 
alone,  that  it  consisted  with  the  marqoes  know- 
ledge, that  the  said  Adam  Thomson  or  any 
other  of  tbe  persones  before  mentioiied,  did 
publictlie  converse  with  the  people  and  coun- 
trey of  Douglas  round  about,  or  that  the  mar- 
oues  did  inoploy  them  in  his  service,  is  a  stif- 
ncient  vindication  to  tbe  defender,  that  it  coaM 
be  no  cryme  in  him  to  converse  with  the  said 
persones,  and  the  defender  is  not  opooerBed 
whom  the  marquis  imploy  to  be  derk  of  bis 
court,  seeing  he  had  no  charge  nor  jurisdiction 
under  tlie  marqoes,  since  the  year  1^77;  Da- 
vid Weir  being  barren  bailzie  since  that  dme. 
As  also  it  is  ottered  to  be  proven,  that  the  said 
James  Lowrie  since  the  rebellion  at  BotfaweD- 
bridge,  did  publictlie  execute  the  office  of  pro- 
curator fisoedl  before  the  sheriff  court  of  La- 
nerk ;  and  thei^for  seeing  the  sbenff  did  take 
no  notice  nor  apprehend  nim  as  having  aoces- 
sipn  to  the  rebellion:  If  they  did  sufl^  bim 
publictlie  to  converse  and  appear  belbr  their 
courts,  it  can  never  be  imputed  as  a  cryme  to 
tlie  defender  to  converse  with  biro ;  and  if  socb 
pretences  were  sustained,  no  man  would  be  se- 
cure. And  as  to  John  Cochran  it  is  offered  to 
be  proven  that  he  did  take  the  bond  and  is  in* 
sert  in  tlie  counciUs  roll  of  those  who  took  tbe 
same.  As  also  he  did  obtane  a  certificate  under 
the  hands  of  generall  major  Monro,  wbo  was 
then  generall  of  bis  majesty's  forces,  allowing 
him  to  rettirn  home.  And  as  to  Robert  Fley- 
ning,  he  is  not  a  tenent:  As  also  be  is  not  in 
the  Porteous  Roll  of  those  wbo  are  declared  fu- 
gitives. 

His  majestie's  advocat  takes  instruments 
upon  production  of  the  tutorie  in  favours  of  the 
paanail,  dated  9  July,  1681.    . 

His  MajestieU  Advocate  replyes.  That  as  Is 
John  Rae  elder,  and  BUckwood's  other  tea- 
nents,  ther  having  given  in  petitions  to  tbe  privy 
counoell,  no  respect  can  be  bad  to  them,  since 
there  is  no  dely  verance  upon  tbe  bills ;  and  tho 
tbe  councell  had  acceptra  of  ^eir  bills  afler 
Blaokwood's  intertaining  of  them,  their  accept- 
ance cannot  be  drawn  back  so  as  to  defend 
Blackwood  as  to  what  he  did  before  the  ooun- 
cell's  allowance. 

As  to  all  the  defences,  founded  on  the  seve- 
rall  persones  their  beingf  at  kirk  and  merest, 
and  keeping  a  public  cEaoge  and  conversing 


.iOi9]         STATE  TRIALS,  35  Chablbs  IL  i685.— /or  H%k  Tre^idn*         [1050 


with  the  foms*  il  is  aaswwed,  that  iD  tins  IB  ftl- 
readie  propooed  and  repelled,  and  it  is  rather 
iane  aggravatioii  of'  Blackwood's  goilt*  for  thejr 
seeing  Blackwood  cntertaine  them  upon  his 
land  conslantljr  and  openly,  and  imployinff  them 
AS  bis  factoi' ;  did  encourage  extreamUe  the 
rest  of  the  oountrey  who  were  less  judidus, 
,and  no  such  reasone  to  be  informed,  and  if  this 
were  albwed,  the  worst  countreys  should  be  in 
the  befd  condition ;  and  the  bemg  debauched 
universdlie  in  their  principles  should  make 
^bem  kbgs,  and  put  them  in  a  condition  to  give 
remissions.  As  to  WiWon's  being  let  pass,  by 
his  n);*jesity's  advocate  and  solicitor,  it  is  an- 
swered, that  they  could  not  t&ke  notice  of  hi& 
being  in  the  rHiellion,  but  only  of  his  being  a 
witness,  for  which  they  took  a  bond  for  bis  ap- 
pearance with  a  cautioner,  nor  is  hLs  majestie's 
advocate  of  any  e!se  lyable,  except  fk  had  re- 
ee|>t  him,  which  is  the  cryme  here  lybellit. 
And  as  to  the  other  defences  proponed  tliey  are 
•contrare  to  the  lybell,  and  to  the  interloquitor 
•Iready  g^ven ;  and  so  ought  to  be  repelled.  As 
to  Cochrane*s  taking  the  bond,  the  same  is  re- 
levant, and  his  mi^esty's  advocate  passes  from 
that  part  of  the  lybell. 

•*  Interloquitor. 

The  lords  having  considered  the  debate, 
finds  the  dittay  relevant  as  to  John  Rae  elder, 
sn  being  upon  Blackwood's  lands,  and  convers- 
ing with  Dim  prior  to  the  taking  of  the  bond 
and  certificate  produced,  dated  the  third  Novem- 
her,  1680,  and  sustains  the  defence,  since  the 
taking  of  the  bond,  to  elid  the  dittay.  As  to 
John  Cochran,  the  lords  sustaine  tbe  defence  to 
did  the  dittay. 

As  to  James  Willson,  repells  the  defence  pro- 
poned for  him  in  respect  of  the  other  circum- 
stances I  vbelled.  As  to  Alexander  Gilkerson, 
Adam  Tnomson,  Mahhew  Fleyming,  James 
liowrie,  and  Robert  Fleyming,  repells  tlie  haill 
defences  proponed  for  them  m  respect  of  the 
lybell,  and  repells  the  haill  other  defences  pro- 
poned for  the  pan  nail. 

Intran.  William  Lowrie  of  Blackwood,  in- 
dyted  and  accused  for  harbouring,  recepting, 
and  corresponding  with  rebells,  in  manner  men  • 
tinned  in  his  dittay. 

William  Lowrie  of  Blackwood,  being  re- 
quyred  before  probation,  to  declare  whether  or 
«ot  he  was  guiltie  of  they  crymes  lybellit,  de* 
•Clares,  that  as  to  the  probation,  he  comes  in  the 
Jting's  will.    Sic  suiscribitur. 

Will.  Lawrie. 

The  Probation, 

'  His  majesty's  advocate  for  probadon,  con- 
forme  to  the  iords  interloquitor,  adduced  the 
Porteous  Roll  and  books  of  adjournal],  bearing 
that  John  Rae  elder,  in  Blackwood,  John  Rae 
his  sone,  James  Wiisone  in  Town  head  of 
JDoufflas,  Adam  Thomson  in  Marrigill  and 
Matthew  Fleyming  in  Douglas,  were  dechired 
Itigitives,  denunceil  rebell^  and  put  to  the 
liortte  for  rebellion ;  and  that  James  Lowrie 


was  in  the  robeilion,  prodoned  the  books  ol  ad« 
joumall  bearing,  that  upon  the  31st  of  March, 
1680,  he  was  persewed  befor  the  justices,  for  ■ 
rebdlion,  found  guiltie  by  ane  assyse,  and  for* 
fauH  and  ordained  to  be  execute  to  the  death 
For  the  same.' 

Thomas  Pott  in  Woodhead,  aged  twenty- four 
yearf,  or  thereby,  unmarriM,  puived  and 
sworn;  depona.  That  he  knows  John  Rae, 
elder  and  younger,  Thomas  Allan  and  Robert 
Fleyming,  were  tennants  and  residenteis  in 
and  upon  the  lands  of  Blackwood,  before  and 
after  Botbweilbridge,  and  ay  and  whill  they 
were  brought  prisoners  to  Edinburgh  in  MarcB 
last.  And  that  John  Rae  younger,  stayed  io 
house  with  his  father  and  VVillam  Lowrie  oi* 
Blackwood,  came  severell  tymes  to  the  saids 
lands,  and  had  a  family  there :  And  that  bis 
servants  and  daughters  dwelt  there ;  and  that 
he  saw  John  Rae  elder  with  the  rebells  at  Ha^ 
roilton.  And  this  is  the  truth  as  he  shall  an- 
swev  to  God.  Depons,  That  he  never  knew 
Blackwood  to  stay  one  night  on  his  lands  of 
Blackwood  since  the  rebellion. 

Sic  subacribitur^         Thomas  Pott. 

» 

George  Mair  in  Lesmahago,  aged  34  years, 
married,  purged,  and  swome;  depons.  That  by 
jeport  of  the  conntrey,  John  Rae  elder  and 
younger,  James  Wiisone  and  Clelland  war  in 
the  rd>ellion,  and  the  two  Raes  li\ed  on  tlis 
lands  of  Blackwood,  and  Blackwood  bad 
daughters  and  servants  there,  and  heard  that 
courts  were  keept,  and  that  Blackwood  came 
some  tymes  to  these  lands  and  stayed  all,  night 
with  his  daughter-in-law  and  servants.  And 
this  is  the  truth  as  he  shall  answer  to  God. 
Sic  subKribitur^      ,  George  Maib. 

Thouuu  Tayfferm  Rogerfaill,'aged  63  yeara, 
married,  purged,  and  swome ;  depons, 'llaat  be 
report  of^  the  conntrey,  John  Rae  elder  and 
younger  wer  in  the  rebellion^  and  that  thc^ 
were  tennants  and  residenters  on  tbe  lands  of 
Blackwood  till  Mertimass  last  or  thereby,  and 
that  Thomas  Allan  and  Robert  Fleyming  wevt 
tennaats  there,  and  repute  to  have  been  in  the 
rebelUon.  And  this  is  the  truth,  as  he  shall 
answier  to  God. 
^       Sic  subicribitur  Perth  I.  P.  D. 

John  Rae^  smith,  in  Blackwood,  aged  sixtie 
yeairs,  purged,  swome;  depones,  he  has  lived 
constantlie  on  the  binds  or  Blackwood,  since 
Botbweilbridge,  and  pays  ane  hundred  pounds 
of  rent,  and  payed  ane  nundreth  pounds  before 
Mertinmass  last,  and  that  his  sone  John  Rae 
younger  stayed  in  the  house  wKh  him  since 
the  rniellion,  depones,  Thomas  Allan,  Robert 
Fleming,  Uvea  allwayes  on  the  lands  of 
BhJckwood  since  the  rebellion,  till  this  tyme, 
and  that  he  saw  them  in  company  with  the 
rebells  at  Hamiltoune;  depones,  Blackwood's 
daughters  and  servants  lived  on  the  lands  of 
Woodhead  and  Blackwood,  and  that  Black- 
wood came  aemetymes  there  to  hold  courts, 
and  that  he  sawe  Thomas  Allan,  and  Robert 
Fleming  at  the  courts,  when  Blackwood 


1051]     STATE  imiAlM,  S5  CflARtiEs'U.  l6kS.r-7fYirf  tfLowrie  or  ^ar.    [mt 


I 


kpcpin^  couVto  there,  ttiA  lUs  is  ^b^  tratk  at  m 
rfiail  «ii0wer  to  God* 

Sic  tubterihitur,       '   Sfmn  Rab. 

Jama  SomeroaiU^  Httith  in  Dougla*.  aged 
86  years,  married,  purged  and  swume,  aeponsi 
be  sawe  James  Cledlaod,  Matthew  Fle^raing, 
James  Whyte,  and  Adam  Thomson  with  the 
^rtie,  tiiat  took  away  the  cannon  from  Dmig- 
}»,  and  they  look  away  a  black  her^e,  per* 
Gaining  to'  Blackwood,  and  heard  Cleiliand 
when  be  got  upon  the  horse  say,  that  Black- 
wood knew  wdf  enough  how  to  oe  paid  of  the 
liorse ;  and  that  the  report  of  the  country  was, 
that  Blackwood  havmg  got  a  piece  of  land 
Irom  James  Cleilland's  iaSier,  &6pryce  of  the 
horse  was  to  he  allowed  in  the  first  end  of  the 

iryce  of  the  land.  Further  depones,  that  be 
jeard  Adam  Thomson  say.  That  when  Clater- 
house  and  captain  Inghs  tronps,  or  commandit 
parties  went,  that  the  panneH  gairc  him  war- 
rand,  to  goe  into  Douglas  Castle,  and  hare 
his  dyet  tbere  the  while  lie  stayed,  for  his  se- 
curity till  the  parties  were  gone,  and  that  he 
.heard  him  bragging  of  it  when  he  was  drink- 
ing. But  being  interrogate  if  he  was  drunk, 
be  said  no,  and  this  is  uie  truth,  as  he  shall 
answer  to  God.— iSic.  Suh. 

James  Somervaiix. 

John  Af»i/0r,8errantto  the  marauis  of  Doug- 
las, depones.  That  be  report  of  the  countrey, 
James  Wilsoiie  was  in  the  rebellion,  and,  that 
more  nor  a  twelTe  naontli  aflerhesawe  the 
panoel,  and  James  Wilsone  conversing  to- 
gether, beside  the  Castle  of  Douglas:  And 
this  is  the  truth,  as  he  diall  answer  to  God.— 
Sic,  Sub.  JOHM  MnJLES. 

Archibald  M'Lellan;  cook  in  Douglas, 
aged  50  years,  married,  mirged  and  awome, 
depons.  That  be  report  or  \ht  comitry,  Jamas 
Wilsone,  Adam  Thomson,  and  Matthew  Flem- 
ing we\e  in  the-  RebeHion,  and  that  Wilsone 
and  Thomson  were  eertainhe  there,  depons, 
that  sinoe  the  Rebelhon  within  thir  two  yean, 
Ke  saw  James  CleiUand  and  the  pannd  waUc- 
iag  and  spoddng  tegelher,  in  the  town  of 
Doughs,  and  severall  tymcs  he  has  aeen 
Matthew  Fleming  and  Blackwood  spyak  to- 
gether in  Dongisa,  and  this  is  the  Imilh,  as  he 
shall  SASWor  to  €U>d. — Sie,  Sub, 

ARCHIBALD  M'LeLLAN. 

If  astsr  Mn  Anienotif  servant  to  tbe  mar- 
^ttia  oi'  Douglas,  i^ed  twenty  eight  years»  un- 
Bsarryed*  purged  and  sorome^  depones,  he 
knows  James  Wilsone,  and  of  late  he  has 
hflsird  he  was  in  the  Bebellion»  and  that  he  saw 
bim  converse  with  Blafikwood  two  severall 
^aies,.once  in  the  castk  of  Dousdas,.  about 
jlartiaiMS  last,  ddiateine  anent  rengeon^  and 
another  tyma  in  Hbe  Tolbaitb  of  Eiinhorgh,. 
where  ha  saw'hin^  gpe  into  Blackwood's  loome 
since  i^hMk  wood  was  in  prison,  and  did  not  hear 
whattheywakO)  andthia  is  tiie  troth,  aahe  shall! 
answer  to  Giod.— iSis.  Suk        J.  Ajidbbsom. 

SamneiDougkLt^fBt^Mft^  aged  thrdlie 
years,  manyed ,  pnigad  ana  swoma^  d^nnoy 


tbat  amoe  DOtnwdnyntfge  ua  MS  sesB  the  sm- 
nd  si  the  house  of  iBhtckwood,  whte  fail 
daognteia  and  servants  were  mere,  nepoacs,  06 
sawe  the  pannri  and  James  WUsone  twice  con* 
verse  together  sinoe  the  RebdHoa,'  once  at  ths 

fKte  of  Douglas,  and  anotiier  tvme  in  the 
Mbuiih  of  Edinburg,  since  BlacKwood's  im* 
prisonment.  Depones,  he  has  seen  Alemukr 
Oilkersone  converse  with  Bladkwood«  both  is 
Douglas  and  Edinburgh,  depones  he  has  sees 
him  severall  tymes  speaking  with  Hatdieir 
Fleyming,  as  he  did  with  other  persons  of  hb 
ranke.  Depones,  be  has  seen  Blackwood  cm* 
verse  with  Jhmes  Lowrie  a  year  andaqutrter 
since  or  thereby,  but  cannot  be  possttiTe  of  the 
tyme,  and  this  is  the  truth,  as  be  shall  answer 
to  God.-^^c.  Sub.  Sa.  Dougus. 

Daaoii*^  Weir^  Bailly  in  Dougfaw,  agedfj^Ait 
six,  married,  punned  and  sworae,  depoMi, 
James  Cleiliand,  Ai&a  Thomsone  and  Matthca 
Fleyming  were  in  company  widi  the  rekeUs 
that  took  away  the  cannon  from  Douelsi,  and 
hes  seen  Blackwood  converse  with  Asaodff 
Gilkereone  in  the  towne  of  Douglas,  and  lyhh 
wayes  with  Matthew  Fleyming  and  Jamet 
Wilson  since  the  Kebellion,  and  sawe  him 
lykewy  es  converse  with  James  Lowrie,  derk  of 
Doogias,  severtdi  tymes  since  tboRebcHioot 
since  which  tyme  be  hes  lykewayes  aets4  H 
clerk,  uDtil\  he  was  dedared  rebell.  And  that 
be  knew  no  other  write  any  tacks  or  ths  If  hs 
since  the  rdiellion  till  lno  was  declared  reseB, 
and  this  is  the  troth,  as  he  aball  answer  to  Ged. 
^Sic.  Sub.  Da.  Web. 

James  Tkomionj  servant  to  the  manposof 
Douglas,  agedk  twenty  four  years,  nnmanyd* 
purged  and  sworae,  depones,  ho  hasseeo  Jsoms 
Wilsone  severall  tymes,  con  versing  with  Bhdse* 
wood  at  Douglas  since  the  Rebellion,  sod  hli 
lykev^ys  seen  Alexander  Gitkeisone,  Adas 
Thomson,  and  Matthew  Fleyming  eonfenn 
with  Blackwood  sevfrall  tymes  since  the  B6- 
bellipo.  Dmons,  he  has  seen  Blackwood  sftn 
converse  with  JamesXiOWii&  derk  of  JDoughSi 
and  that  he  employed  him  to  rwritetackSitf- 
Sedatians  and  otner  writes^  and  that  be  onhied 
Matthew  Fleynung  ordinar  allowance  of  mh 
to  be  given  Imu  in  summer  last,  and  wwe  has 
receive  it;  and  this  is  the  truth,  as  he  shall  ta- 
swer  to  6od.— Sic.  Smb.      Jabcs  Tbomsor. 

^Htioa  I»j[/w»  officer  in  Douglas^agc'  4S 

years,  marryed,  purged  and  swornt.    Depost, 

that  at  the  talcing  of  the  cannon,  there  was  JssiQi 

CleiUand,  James  Wilsone,  Adam  Thomson,  and 

Matthew  with  the  rebdls  that  were  then  in  arms, 

and  Blackwood  and  James  Lowrie  have  fie- 

quentlie  conversed  together  since  the  lebeOioD, 

and  that  Blackwood  imployed  ban.  to  1*^ 

tadui^and  dischar|^  a  year  and  a  half  anv 

the  Rebellion,  aa  he  had  done  befive,  and  dtfi 

he  ooDtiniied  dark  as  be  had  done  beAtfs ;  ^ 
this  is  tho  truth,  as  he  shall  answer  to  God.- 

Sic  Sub.  Nwuii  IiiflW. 

JiAn  (MMn  ia  Rochetds^  aged  HMtf^ 
year  ,  marryed,  pwged  anl  twfa»»    *•• 

8 


Ibd»  tiM  pwMl  WiDiMi  Lomw 
htrUwiBg,  ttid  CMveniiMr  with 
RdMb  Md  fngilhrM  proveitly  tiftdepoHli< 
•f  tiM  witneMes,and  also  findi  hj  hia  judieMQ 
safawMMiD  aa  to  the  probaliao,  that  ha  eosMa 
in  tha  kiag's  will.— iSic.  SuL     Jju  MuRBav. 

Dacwi. 

Miar  opaning  and  raadjag' of  tbawfailkf«r«> 
dial  of  aaaysa,  the  knrd8')i]iio&  gaoerall,  jtm^ 
tice  cMca  and  commiaBoaeni  of  jaatici|»ii^ 
in  iwpaei  thereof,  be  Um  BMutb  ef  ~ 


Jahnatonn^  daaiMlar  of  teurt,  dammed  aad 


XC^]      STAT&  TRIALS,  36  CHA&LBi  IL  1684.— TridI  of  Mm.  Hampim.     [1004 

Y^am,  kawM  attba  Hwhal1ia«,  kiltQakete 
iMnid  tymeouatie,  and  that  the  deponent  biaif 
self  and  the  two  Rayes  lired  on  Blackwood's 
laiHla  aiiiee  the  ReheHion,  ainee  they  were 
brought  in  praanem  m  Btach  kat^and  thai 
Bohert  Fleywdng  Kred  that  lykewiyea»  and 
tfaia  ia  the  tratii  aa  he  shaft  anawer  to  God^  de* 

Pumi,J.  P.'D. 

The  Lords  ordaines  the  assyse  to  incloae,  and 
teturne  their  Tenfict  to-raonow  at  twelre 
o^ckick^ 

CuBU  Ju8ncuaii»  S.  D.  N.  B«;k  tenta  in  pie- 
torio  .burn  de  Edinborgh,  septimo  (fie 
mensiSy  February  1683,  per  nobilem  et 
potentem  Comitem  Jacc4»uni  Comitem  de 
PerthJnsdciArium  Generalem,  Ridiardum 
dominum  de  Makland,  Clericum  et  honora- 
bilea  Tiros  Robertam  dominum  de  Nairn, 
dominos  Jaoobum  FooHs  de  Collingtoun, 
Davideaii  Balfoiir,  Rogerum  Hog  de  Har- 
earss,  et  Alezandrum  Sexton  de  Pitmed- 
-  den,  Commissionariea  Justiciani»  diet.  S. 
D.  N.  Refria, 

Chiria  legitirae  affinwati> 

VerdUt. 

The  as^ae  all  in  one  vcn^  hy  mou^  of 
JaaMS  JMomyof  Skvline,  tliar  CTfaBBwettoar, 


a4|iidged  the  aaid  WiUtaaa^Lowria,  To  be  tahett 
tothefliareatcraaa  of  EdiidMirgh^  open  Wed- 
nesday the  bat  of  Fehroary  0Mtant»  hetwiit 
two  and  fiiur  oHdaok  in  the  afleroaoBy  md 
there  ta  hnYe  hb  head  ntycvad  ftem  Ua  body, 
and  h  k  nanae,  meaarie  and  haMra  to  be  eitinef^ 
and  hia  arma  ta  be  nvm  forth  and  datale  out 
of  the  hooka  ef  aamea,  sua  that  hia  paMsfitie 
may  na^ar  baive  pbce,  nor  be  heveAer  bmik  or 
joyae  any  honota,  ofiicea  or  dignitias  wiihia  thia 
reahn  in  tymeeaaaing,  and  to  bare  ierfinilt 
oraittad  and  tent  all  aaid  snndrie  hia  laad^ 
heritaj(aa,  tenementa  aad  renta^  ofieea^  titles^ 
dignities,  tadv,  staadkigs,  raomea,  paawssHNV 
goodsand  gear  whatsomerar  p^rtaimBg  te-him, 
to  our  soveraigae  load  ta  ranatne  perpetoalie 
with  bis  hig^hnaaa  m  prepertie -^Wfaidi  ww 
prowmnced  te  Doom. 


•w^ 


^pafBonofs  wieke4  Mid,  and  of  an  iaiai—iL 
«iiD^aic4,  andtniMantdHpoaitioo,  and 

*  ttinngv  praatisiBg,  and  fatrir,  uniawfaMy, 

*  justly,    mahdaUslfy,  twhuMDtly,   aad  aedl- 

*  ditiounly  indcndiag the  paaoe  of  eur  sovereign 
*'  lord-  hing  Gharleatbat  Bowis>  and  the  eom- 


502.  The  Trial*  of  John  Hamfdew,!  esq.  at  the  KingVBfench,  for 
a  High  Misdemeanor:  S6  CaA.RL£s  IL  ^.i>.  1684. 

John  Hanbden,  esi}.  being  branglit  tip  by 
Writ  of  Habeaa  Corpus,  fronr  the  Tower  of 
liOnden,  en  the  98th  of  Norember  1683,  and 
there  being  an  Indiotment  preferred  againat 
him  for  AfSdem^nor,  hia  majesty's  Attorney- 
Genend  prayed,  that  he  misfht  be  arraigned 
npon  it,  which  wtis  done  in  this  manner. 

€/.  of  Cr.   <John  ]^mbdeo,  You   stand 

*  here  indicted  by  the  nane  of  Jehn  Hambden, 
*late  of  the  parish  of  St.  Oileain  the  (Idds,  in 

*  the  coimty  of  Middlesex,  ^f&oi.  ibr  that  yew 
^  bemg  a  peniieieus  and  seditious  man,  and  a 

*  Fmm  a  pamphlet  entitled,  <<  The  Trial 
aad  Conviction  et  John  IJambden,  ese.  npen 
an  Indiotment  of  High  Misdemeanor,  lor  coi^ 
tnviog^md  practiaioff  to  disturb  the  peace  of 
eur  sorereign  lord  the  king,  and  stirring  up 
fladition  in  this  kingdoos.  Before  the  right 
honouFable>  sir  George  Jeffireya,  knight  and 
baronet,  lord  chief  justice  of  his  migeaty'a 
Court  of  King'a-benon,  and  the  rest  of  the 
MVerend  jndgea  of  that  Court,  balden  at 
Weftmmster,  the  Gth  day  of  February,  1683.'* 

*  I  do  appoint  Bemammp  Tooke  ta  print  -the 

*  Tryal  of  John«  Haasbden,  ea^,  and  order, 
^Tiwt  no  other  person  pieaumata  prist  the 


f  **  Hambden  was  now  the  only  man  of  tlw 
six  that  ym»  left.  Yet  there  waa  nothing  but 
Howusd^a  evidanoe  agaiaat  him>  without  ao 
much  aa  any  circumstanee  to  support  it.  So 
sincetwo  witnesses  were  nccessvy  to  traaaon, 
wfaereaa  one  waa  enou^  for  a  misdemeanor, 
he  waa  indicted  of  a  miademeanor,  though  thw 
crime  waa  either  treaaan  or  ndHbine.  Jeroiea, 
u[K»n  Howard's  erid^ce,  charged  the  jury  to- 
bring  him  in^lty:  otherwiae,  he  tela  them, 
they  would  diseredit  aO  diat  had  been  dune 
berore.  So  they  brought  him  in  ^nillT.  And' 
the  Court  act  40,000^  fine  on  him,  the  moat 
cKtramgant  fine  that  had  erer  been  aet  for  a 
miadenxanor  in  that  Court.  It  amounted  in-^ 
deed  to  ah  iroprisomnent  for  life.'*  Bumefs- 
Systaryof  hi8  0wnT!ane8,Tol.  I.p.5y6.  See' 
in  this  CeUectiaQ  his  Trial  fbr  IVeason,  Des. 
aoth,  1685.  See,  too,  what  Burnet  si^s  of 
him  aa  it  is  inaarted  in  the  Introdoetian  to  tbv 
THala  fbr  thoRye^Rousa  Plotv  p.  408,  of  this' 


1055]     STAT£>  IHIALS  SS  Cbablbs  II.  ib%l.^Trial  tfMm  Hampien,     [1056 


mon  traaqinUitv-ef  tint  Idngdom  of  England 
to  (fiBqiiiet,  iDOleity^and  lUiliirb,  and,  as  mueh 
ai  ioyoa  lay,  sedition  within  thir  kingdom 
of  England  to  incite,  stir  up,  and  procnre, 
and  the  a^overnmoot  of  our  said  lord  the  king 
in  this  kin^oni  of  England  into  danger  to 
bring :  and  that  you  the  said  John  Hambden, 
your  most  impious,  wicked,  and  seditious  in- 
tentions aforesaid  to  fulfil  and  perfect,  and 
faring  to  effect,  the  last  day  of  June,  in  the 
,35th  year  of  the  reign  of  our  said  sovereign 
lord  the  king  that  now  is  ;  and  divers  other 
days  and  times  as  well  before  as  after,  with 
force,  and  arms,  &c  at  the  parish  of*  St 
Giles  in  the  Fields,  in  the  county  of  Middle- 
sex, nnl^iwlnlly,  unjustly,  maliciously,  and 
seditiously  did  asseihUe  yourself,  meet,  con- 
sult, conspire,  and  confederate  with  .divers 
.evil*dispoaed  suljects  of  our  said  lord. the 
king  to  the  jurors  unknown,  and  with  the  said 
persons  did  treat  concerning  your  said  most 
wicked  and  seditious  compassings,  imagina- 
tions, and  purposes  aforesaid,  to  be  executed, 
fulfilled,  and  brought  to  efl^ ;  and  further 
that  you  the  said  John  Hambden,  your  meet 
wicked,  impious,  and  seditious  contrivances, 
practices  and  intentions  aforesaid  to  fulfil, 
perfect,  and  reduce  to  effect,  then  and  there, 
vi2.  the  last  day  of  June  in  the  36tb  year 
.aforesaid,  and  divers  other  days  and  times,  as 
well  before  as  af\er,  at  the  parish  aforesaid, 
in  the  county  aforesaid,  with  force  and  arms, 
&c  falsly,  unlawfully,  unjustly,  maliciously, 
and  seditiously  did  consult,  consent,  conspire 
and  confederate  of  an  insurrection  within  this 
kingdom  of  England  to  be  made,  and  of 
procuring  and  providinff  arms  and  armed 
men  to  be  prepared  in  divers  places  within 
this  kin^om  of  England,  your  same  most 
wicked,  impious  and  seditious  intentions  and 
compassings  aforesaid  to  fulfil  and  perfect, 
and  that  you  the  said  John  Hamblen,  your 
most  wicked,  impious,  and  seditious  inten- 
tions aforesaid  to  f  ulfiland  perfect,  and  bring  to 
effect  afterwards,  viz.  the  last  day  of  June, 
in'  the  35th  year  aforesaid,  at  the  parish 
aforesaid,  in  the  county  aforesaid,  with  force 
and  arms,  ^c.  faisly,  unlawfully,  unjustly, 
•wickedly,  maliciously,  and  seditiously,  Jid 
.consult,  agree,  and  consent  that  a  certain 
person  to  the  jurors  aforesaid  unknown, 
4^  should  be  sent  into  Scotland  to  invite  and 
incite  divers  evil -disposed  subjects  of  our  said 
lord  tlie  king,  of  his  king^m  of  Scotland,  to 
come  into  this  kingdom  of  Enerland  to  advise 
and  consult  with  you  the  said  John  Hambden, 
and  others  the  aforesaid  evil-disposed  subjects 
of  our  said  lord  the  kin^  in  this  kicgdom  of 
England,  concerning  aid  and  assistance  to  be 
expected  aud  supplied  out  of  the  said  king- 
dom of  Scotland,  your  said  most  wicked,  im- 
^  pious,  and  seditious  intentions  and  compass- 
'  logs  aforesaid  to  fulfil,  effect,  and  {promote,  in 
mautfes{  contempt  of  the  laws  of  this  kingdom 
of  England,  to  tlie  evil  and  most  pernicious 
*  example  of  all  others  in  the  like  case  offead- 
'  ing,  and  against  the  peace  of  our  said  so- 


\ 


'  ir#reiint'kMid  the  king,  his  crown  and 
*  nity.*' 


CL  ofCr,  How^aayest  thou,  art  thou  guilty 
of  this  high  misdeoieanor  whereof  thou  staadest 
indicted,  and  hast  been  now  arraigned,,  or  not 
Guilty  ?— Mr.  Hampden:  Not  Gmlly. 

*  The  Indictment  in  Latin  is  given  in  Tre- 
maine's  Pleas  of  the  Crown,-  p.  S7,  thus : 

Rex  versus  Hamfden. 

<*  Midd.  t$.  Quod  Johannes  Hampden  nop* 
de jparoch',  &c.  gen'  existe^'  homo  petnitiosus 
sedStiosus  ac  p'son'  ifrave  mentis  necnon  impie 
inquiet'  et  turbulen' disposition'  ac  machinans 
practicans  etfalso  illicite  et  injuste  malitiose 
turbulent!  et  seditiose  intenden'  pacem  diet' 
Dom'  Regis  nunc  et  communem  traiH|nim- 
tatem  hujus  Regni  Angl'  inquietare  molestare 
et  p'turbare  et  quantum  in  ipso  fuit  seditionem 
infra  hoc  Regn'  Anel'  suscitare  movere  et  peri- 
culo  p'curareet  gub'nationem  diet'  Dom'  Regis 
in  hbc  Reg|  AngP  an  inferre  Quodq;  p'd'  J.  H. 
ad  nequissimas  nefandissimas  et  seditiosas  in- 
tention' suas  p'd'  p'implend  et  |>'ficiend'  et  ad 
effectum  redjgend'  ult'  die  Junii  Anno  Regni, 
&c.  35  etdiversis  al'  diebus  et  vicibus  tarn 
antea  quam  nostea  Vi  et  Armis,  &c.  apud 
paroch',  &c.  nlidte  injuste  malitioae  et  seditiese 
so  assemblavit  conveniebat  consultabat  copspi- 
rabat  et  confederabat  cum  diversis  male  diqpo- 
sit'  subdit'  diet'  Dom'  R^s  jur'  pred'  kfuoi* 
etcum  eisdem  tractabat  de  eisdem  suis  netaudb 
et  seditiosis  conipassation'  imagination'  et  pro- 
posit'  pred'  exequend'  p'implend'  etad  efleotum 
redigend.  Et  ulterius  pred'  J.  H.  ad  oequia- 
simas  nefiindissimaa  et  seditiosas  machination* 
practication'  et  intention'  suas  p'implend  ^  ad 
effectum  redigend'  adtunc  et  ibidem  scilt'  nlt^ 
die  Junii  Anno  Regni,  &c.  35  suprad'  et  di  - 
versis  al'  diebus  et  vicibus  tarn  antea  Quam 
postea  apud  paroch'  pred'  in  Com'  pred'  Vi  ei 
Armis,  &c,  false  illicite  injuste  malitiose  et  se- 
ditiose consultabat  consiuebat  couspirabat  ec 
confederabat  de  insurrection*  infra  hoc  Regn' 
Angl'  babend'  et  de  procuration'  et  pr<>visMm' 
armor'  et  Hominum  armator'  preiiarandor'  in 
diversis  locis  infra  hoc  Regn'  Angi'  ad  easdem 
nefandissimas  nequissimas  et  seditioeas  inten- 
tion' compassation'  imagination'  et  proposita 
sua  pred'  perimplend'  .et  p'fidend'  Quodq; 
p'd'  J.  H.  ad  ueqnissimas  nefandissimas  et  se- 
ditiosas intention'  suas  p'd'  p'implend  et  p'fici<- 
end'  etad  effectum  redigend'  poUea scilt'  dicto 
ult'  die  Junii  Anno,  &c.  35  suprad'  apud  parodi* 
pred'  m  Com'  pred'  Vi  et  Armis,  &c.  fols* 
lUicite  injust^  nequissime  malitiose  ei  seditios* 
consultabat  agreabat  et  consentiebat  Quod  que* 
dam  persona  J  ur'  p'd'  i^ot'  mitteretur  in  Sco« 
tiam  ad  invitand'  et  iacitand'  diversos  male  dis- 
posif  subdif  dicti  I>om'  R^is  de  Rcs^'  sua 
seotie  ad  veniend'  in  hoc  Regn'  Angl'  ad  advi- 
sand'  et  coneultand'  cu'  prefat'  J.  H.  et  prefat' 
al'  male  dispesit'  subdit'  dicli  Dom'  Regis  tjt 
hoc  Reg'  Ang'  de  aiudlio  et  assistanc'  eipec- 
tand'  et  suppfend'  e  dieto  Regno  Scotie  ad 


«W]        mVitTftULS,  ^  Cai|aLE5  \U  iSSi^^or  aJICidfmemr.    '   [1068 

llpoa  wliiofa  Pka  ii^ue  was  joined  between   books,  and  yon  havethem  aU  toffetber  m  RoU's 

}^  ^^y'ti  J^^^  Ge^eni,  OD  behalf  of,  Abridgment,  title  Cballenge,   where  he  sets 
toe  kiDfif  and  detendanLand hail  u a«  tK«»n  taL-on    <Un..«  «*».,.  i.^^i.„  ^ a.—  r-i^t.„  ^i.^^  i^ : 


the  king  and  defendaotyand  bail  was  then  taken 
f«r  the  defendant's  appearance  the  next  term. 

Hillavy  term  35  and  30  Car.  2di  Reg.  Tn' 
^o- beginning  of  the  term,  sir  Thomas  Jenner, 
nRgKt,  his  majesty's  serjeant  at  law,  and  Re- 
dwdet  of  (he  city  of  London,  movert  for  a  «ria1 
•t  the  bar,  in  the  ease  between  the  kiog  and 
MpI  Hkmpden,  t^hicb  was  by  the  Court  ap- 
pointed to  he  on  Wednesday  the  6th  of  Febni  • 
«ry  in  the  same  term,  when  the  Court  pro^ 
c«mM  t6  the  trial  as  foHows. 

CL  cfCr.  Callthedefendant  John  Hampden. 
Hit.  TKff/.* u .  *^ 


down  four  books  one  after  another*  that  it  is  no 
cause  of  cfaalicnge,  even  to  be  the  king's  tenant, 
and  there  is  a  great  deal  of  reason  for  it.  For 
if  that  were  a  good  cause  of  challenge,  mark 
the  consequence,  then  all  persons  That  hold 
lands  in  Enfi^lancL  hold  them  mediately  or  im- 
mediately of  the  king,  and  so  the  kbg  could 
hare  no  nreeholder»  to  bejurymeninhis  cause.' 

Mrt  Wiliiams,  This  is  a  more  spe^^Sial  causa 
of  cballense  than  that. 

X.  C,  J,  What  can  be  greater  than  that  of 
being  the  king's  tenant  ? 

Alt.  Gen.  (ISir  Robert  Sawyer.)    Especially 


^r,  Williamt,  He  appears.  —-.'.-•/»».  ^^««  m«.#./«i»*j»-tj*.*.;    «i>P«^i»>.^ 

CL  of  Cr,  Gantez  rotres  Challenires     Call    ^^^^  *^^  '**®  '*°^  ^^  England  was  held  of  the 
if  Charles  Geranl.  *  crown  as  originally  it  was. 


•ft 

Crier,  You  shall  well  and  truly  try  the  issue 
bletweett  our  sovereign  k)rd  thejcing  and  John 
l^mpden,  gent,  and'  a  true  verd^t  give  ac- 
cMing  to  your  evidence.    So  help  you  God. 
CL  afCri  Su- Charles  Gerard,  jur' 
Roger  Jennings,  esq.  jnr' 
Henry  Hodges,  esq.jnr' 
Joshua  Galliard,  esq. 
Mr.   William,  We  challenge  him  for  the 
defendant.* 

i*  C.  /.  (Sir  George  Jcfferics.)  What  is 
your  cause  of  Challenge  ? 

Mr.  WilUamn,  If  your  lordship  please  to 
Jet  1dm  go  through  Ihepannel,  we  will  shew 
cause  if  there  be  not  enough  left  without  him. 

i.  C  /.  No,  shew  your  caase  now,  it  beinfif 
against  the  king. 

Mr.  WiUukmt.-  He  has  an  employment  under 
the  king,  he  has  an  oflSce  in  the  forest,  and  that 


we 


say  is  our  cause  of  challenge. 
B.  C.  /.  What  then  if  he  have  f 


^   Mr.  William$,  My  lord,  we  suppose  then  he 
IS  not  an  indifferent  person  to  try  this  cause. 

J^.  C,  J,  Ay,  let  me  hear  that  now  proved 


Mr.  Trevor.  My  lord,  in  3d  Rolls.646.  Tit. 
Trials,  there  is  the  express  opinion  of  my 
lord  lElolls,  that  to  be  of  the  livery,  or  a  menial 
servant  of  the  crown,  is  a  good  cause  of  chal- 
lenge. 

X.  C.  J.  And  look  you  but  in  the  fiist  case 
in  the  first  part  of  the  Abridgment,  title  Chal- 
lenges, where  he  mentions  uiree  or  four  hooks ' 
to  .me  same  purpose,  and  it  is  quite  otherwise. 

Mr.  Wiliiams,  My  lord,  in  that  of  first  Rolls, 
he  only  cites  some  Ibooks,  but  the  other  is  bis 
owndpinion. 

L.  C.  J,  Well,  make  out  your  fact  if  you 
have  a  mind  to  it ;  but  it  Js  well  known,  that 
neit!)er  Afr.  serjeant  RoUs^nor  my  lord  Coke, 
when  he  delivered  that  opinion,  are  to  be  reck- 
oned such  authorities  in  crown  matters. 

Mr.  Wiliiams,  We  will  ask  him,  my  lord» 
if  you  please,  I  suppose  he  will  not  deny  it. 

L.  C.  J,  No,  maiceout  your  fact  if  you  will 
have  any  benefit  by  it,  it  is  only  a  challenge  to 
the  ftvour  which  ought  not  to  ne  in  the  king's 
case.  I  am  very  glad  that  we  are  now  to  de- 
bate this  matter  with  men  of  the  robe,  because 


aTvd*^  defended  by  any  gentleman  of  the  lonff  ^®^*^^e  had  a  strange  sort  of  notions  and  re- 
robe,.that  that  is  a  giml  cause  of  challenge  ^^^  ^P*"®^  abroad  of  late,  as  though  the 
Shew  me  what  law  there  is  for  it  judges  now-a-days  gave  strange  sort  of  opi- 

Mr.  WiiUams,  To  be  of  the  king's  robe,  or   "~"    ''"'*  '"  '"^  ^'^ ^^'^  '""''  * 

paj,  or  salary,  is  an  exception  in  any  case 
woerdn  the  king  is  concerned. 

L,  C,  J.  Shew  me  any  law  for  that  if  you 
can,  Mr.  Williams,  I  know  you  are  a  lawyer. 

Mr.  Wallop,  It  is  the  opinion  of  my  lord 
Coke  in  his  Institutes,  that  it  la  a  good  cause 
oT  challenge. 

^  X.  C.  J.  But  there  is  the  opinion  of  all  the 
jtt^es  in  Henry  the  ath's  time  against  it. 

Jar.  Wallop.  It  is,  my  lord,  fol.  1S6, 

X.  C.  /.  But  I  can  cite  yon  three  or  Ibur 

^^"ftfteqwsimas  neflitxdissimos  et  seditiosas  in- 
-tentioues'  et  compassation'  snas  pred'  perim- 
niend'  faciend'  et  promovend'  in  contempt' 
l^gum  hnjus  Regti'  AngP  manifest'  in  malmn 
etpemiciosum  exemplum  omnium  al'  in  tali 
cm  di^nquen'  Ac  contra  pacem  diet*  Dom' 
Regis  nunc  coron'etdignitat'suaa,  &c." 

^Aato4«!»«eeHawkinsf8  Pleas  of  th?  Crown, 
book  %  ch.  43,  sect  33,  and  also  sect  38. 
iroL.  IX. 


nions^  and  as  thoui^  persons  that  had  been 
blemishes  at  the  bar,  were  preferred  to  do 
sirange  things  when  they  came  i:^n  the 
bench  ;^  but  truly  I  wonder  to  hear  that  it 
should  be  a  doubt,  when  at  the  same  time  thitt 
which  we  gave  as  our  opinion  about  one  par* 
ticular  challenge,  that  is  as  to  freeholders,  it 
was  the  judgment  of  all  the  judges,  that  tfiai 
was  no  challenge,  and  aU  the  counsel  that 
were  eonoemed  in  that  case  know  it  was  the 
opinion  of  all  the  judges,  fiut  now  if  we  meet 
with  lawyers,  I  shall  be  glad  to  have  the  matter 
fairly  argued  and  debated,  and  pray  shew  me 
what  law  or  reasonis  lor  itk 

Mr.  Wallop.  Certamly,  my  k)rd,  there  iis  a 
great  difference  betwijEt  the  general  allegianoe 
of  allmea,  and  so  of  a  genml  tenure,  and  the 
depoadenee  of  any  particular  person  who  ia  n 
menial  servant  and  receives  wages  of  the  king, 

X.  C.  /.  I  would  deuiie  t/k  know  of  you,  B&« ' 
Wallop,  which  is  greater  challenge,  to  say 
such  a  one  is  a  tenant,  or  such  a  one  isimnie* 
diate  servant  to  J«& 

3Y 


105»]^    STATE  TIIIALS.  36  Chablbs  IL  leBl-r-Trialp/J^  Bmnpim,    [I06a 

leDge  at  oommoii  law,  that  ever  I  read  of  ia 
any  of  our  books,  nor  n  it  any  chaUeagieby 
the  best  anthoritiefi  extant 

Mr.  Janet.  1  desine  them  to  shew  me  taay 
such  precedent,  that  any  man  was  ehaUeiipd 
by  one  that  was  tried  at  the  suit  of  the  kinff, 
for  a  challenge  to  the  favour,  but  we  must  i^ 
unprecedentMl  things,  or  else  there  will  be  no 
satisfying  of  some  men. 

Att.  Sen,  I  would  fiiin  know;  what  one  opi- 
nion in  a  strag^iiug  book  is  against  the  curreot 
of  all  our  law  ? 


lUr.  Wallop.  There  is  a  great  diflerence,  my 
lord,  ithhik,  between  an  immediate  tenant, 
"md  the  general  tenure  of  all  subjects. 

L.  C.  /.  But  certainly  the  law  is  thus,  if  be 
were  an  immediate  or  a  mediate  tenant  to  any 
bttt  the  king,  if  his  lord  were  party  to  the  snit, 
it  would  be  a  go&d  challenge,  but  the  being 
tenant  to  the  king  is  no  good  challenge,  in 
the  kind's  case. 

3fr.  Wiillams.  My  lord,  I  take  it,  the  act  of 
pariir.nient  that  takes  away  the  Court  of  Wards 
and  liveries  hath  altered*^ the  law  as  to  that 
matter  of  tenure ;  for  now  we  hold  in  socage, 
and  that  other  tenure  is  destroyed  that  was 
between  the  king  and  his  subjects. 

£.  C  J.  But  pray^how  cooies  it  to  be  a  chal- 
lenge iiow  that  was  not  one  before.^  Dtoesthat 
act  of  parliament  make  it  a  good  cause  of 
cfaallenn^e  ?  If  it  does,  shew  it  I  tell  you  tlie 
old  books  are  against  it. 

'  Mr.  Wiiliams.  I  speak,  my  lord,  to  the 
tenure,  that  that  is  nothing  at  all  now  to  be 
objected,  because  all  is  now  in  socage. 
.  L,  C.  /.  I  would  not  hare  Mr.  Attorney 
insist  upon  a  juryman,  but  yet  withal  I  would 
not  have  it  gone  away  with  as  law,  that  it  is  a 
good  cause  of  challenge. 

Mr.  Walhp,  My  lord,  we  finding  in  some  cases 
that  are  in  our  books,  that  it  is  held  to  be  a 
good  cause  of  challenge,  lay  it  before  the  Court. 

Att.  Gen.  Ho^v  many  hundred  errors  do 
vpu  find  in  my  lord  Coke,  notwithstanding  idl 
tuM  leaminff? 

X.  C  J.  I  say,  if  1  was  Mr.  Attorney,  I  would 
not  contest  for  any  ptcrticultr  man  to  be  jary- 
man,  T  speak  that  as  u?y  advice,  but  I  would 
not  have  it  taken  for  laiv  ^^^  would  I  have 
it  broached  abroad,  thatthou;^'h  the  judges  now 
were  of  one  opinion,  yet  the  Jtfw  truly  was  of 
iiiiotber. 

3Ir.  Jones.  If  all  that  rcceirc  salary  or  wages 
from  the  king,  are  not  to  be  jury  meet  in  the 
king's  cause?,  then  all  the  deputy  lieul^enants 
aiid  iDilhia  oiHoers,  which  generally  are  the 
most  substantially  freeholders,  are  exclu(?«l 
from  beiug  jurymen. 

Just.  Withens.  Who  will  say  so,  Mr.  Jones  ? 
No  lawyer  in  England  surely  will  say  so. 

Mr.  William^,  Offices  where  there  is  no 
profit,  will  not  be  the  same  exception. 

Att.  Gen.  But  he  is  no  menial  servant  of 
the  king's. 

Mr.  Wiliutms.  What  is  he  then  ? 

Mr.  Waiiop.  We  hear  that  he  is  keeper  of 
one  of  the  king's  Forests,  and  iias  a  fee  for  it 

Mr.  Williams.  Well,  M'e  will  ask  him  upon  a 
9^er  dire. 

Att.  Gen.  My  lord,  the  fact  is  quite  olher- 
V^se,  and  I  desire  they  may  make  it  out. 

X.  C.  J.  Truly,  I  tbidc  it  is  not  tanti  to 
insist  upon  any  particular  msm,  but  I  find  we 
•re  in  an  age  that  is  so  fuU  of  cavils,  that  if  we 
act  but  according  to  the  precedents  that  went 
before  us,  we  are  thought  to  act  as  originals, 
and  to  make  new  laws,  when '  we  only  follow 
the  rules  that  we  have  receired  from  our  prede- 
tfBfgors.    And  I  say  there  was  no  «uch  filMii- 


Mr.  WiUiain$.  Which  do  yoa  call  a  stnig* 
gling  book,  Mr.  Attorney  ?  My  lord  Cokra 
iBtitutes,  or  my  lord  Roll's  Abridgement .' 

X.  C.  J,  I  say  the  better  opinion  of  tht 
books  is  on  the  other  side,  and  the  greater 
number  too, 

Att.  Gen.  First  of  all,  I  do  know  of  my  owa 
knowledge,  he  is  no  menial  servant. 

X.  C.J.  Mr.  Attorney,  I  de  debate  it  for 
learning  sake,  truly  I  know  not  the  man,  nor 
>^hether  he  be  the  icing's  aerrant,  or  not,  bat  I 
speak  against  allowing  the  challenge,  that  if 
he  be  set  aside,  it  may  not  be  taken  as  a  preoe- 
dear,  and  so  pass  for  ;aw  that  the  king's  ser- 
vants cannot  be  jurymen.  I  would  have  yw 
quit  the  man  by  consent,  bat  not  as  a  force  pot, 
as  though  the  law  were  so,  for  the  law,  I  thi&ki. 
is  otherwise. 

Att.  Gen,  He  is  none,  my  lord,  they  mis- 
take. 

X.  C  J.  Nay,  I  know  nothing  of  the  nun, 
I  tell  you  oiily  what  I  think. 

Mr.  Wallop.  He  receives  wages,  or  a  fet 
from  the  king  for  his  office. 

Just  Withins.  I  would  never,  for  my  part, 
while  I  live,  nor  never  did,  while  I  was  a  pnc- 
liser,  stand  npon  any  particular  juryman. 

Att.  Gen.  He  may  be.a  jilryman  by  law 
sure. 

X.  C.  J.  There  is  no  doubt  of  it,  Mr.  At- 
torney. 

Att,  Gen.  My  lord,  if  your  lordships  have 
given  your  opinion,  1' desire  he  may  stood  bv. 

X.  C.  J  Well,  Mr.  Attorney  waves  him,  le^ 
him  stand  by. 

Att.  Gen.  But  for  no  reason  that  hasbeea 
ofl>reJ.  J 

X.  C  J.  No  np,  I  do  not  hear  any  thing  cf 
reason  5>ficred  for  it. 

CI.  of  Cr.  Mr.  GalUard,  you  may  go  down, 
— Thomas  Harriot,  esa.jur' — ^Thomas  Ears^i 
esq.  jur' — William  Avery,  esa.  joir*— JonB 
Sharp,  esq.  jur* — Richard  *Shoreaitdi. 

Mr.  Williams.  We  challenge  him  fiv  the  de- 
fendant. 

L.C.J.    What  is  your  cause  of  challcnjrel 

Mr.  Williams.  There  is  the  same  exoqi&n 
to  him.  . . 

X.  C.  /.    If  Mr.  Attorney  wiU  consent^  with 

aH  my  heart. 

Att.  Gen,  No,  wo  humom:ed  you  in  ««» 
we  will  not  humour  yoa  any  more. 

Mr.  William.  Nay,  here  Is  spmethingmort 
clear  ibr  us,  he  k  a  Serjeant  al  anM  itkamB^. 
his  majesty. 


i 


ibil]     '   STATE  tRIALS.  5« CHARLES  11.  l684.—/or  a  Misdmeandf.       i'f0«2 

times,  at  tl)e  iiarish  of  St  Giles  in  ih^  Fields, 
in  *yonr  Countv,  di<l  unlawfully  assemble,  and 
confederate  lumself  with  divers  eyil-dispose<r 
persons,  sniijects  of  our  lohl  ihe  king,  alid 
then  and  there,  with  those  other  persons  did 
falsly,  malidttusly,  and  seditiously  consult  attd 
conspire  to  make  ah  insurrection  in  the  king* - 
dom  of  England,  and  to  provide  nnns  and 
armed  men  ra  divers  places  of  the  said  king- 
dom. And  the  better  to  complete  his  evil  in- 
tentions^ the  said  last  day  of  June,  did  consult 
and  agree;  to  send  certain  persons,  to  the  iurors 
unkqown,  into  Scotland,  to  invite  fievtsral  evil« 
disposednersons  there  to  join  in  this  conspi- 
racy. This  isthe  substance  of  the  chaige,  and 
to  this  he  says,  he  is  not  guilty ;  if  we  prove 
him  so,  we  do  not  question  but  you  will  find  it. 
Att.  Gen.  May  it  [ilease  your  lordship,  and 
you  gentlemen  m  this  jury,  Mr.  Hampden 
stanus  indictetl  of  an  high  misdemeanour,  for 
conspiring,  with  several  others,  to  raise  rebel- 
lion withm  the  kingdom,  and  to  crave  the  as- 
sistance of  the  brotherhood  of  Scotland.  Upon 
the  face  of  the  indictment,  gentlemen,  i(  9p« 
pears  to  be  a  very  high  crime,  and  the  matter 
of  this  indeed  has  been  formerly  in  ezuminatioa 
u\  other  tiials,  and  yet  the  party,  you  may  ob* 
serve,  do  not  acquiesce  in  those  trials,  but  think 
the  persons^  accused  lay  under  very  great  hard- 
shi]is,  and  that  to  a  very  great  degfee,  as  not 
having  the  advantage  ot  counsel,  nor  to  hava 
their  witnesses  examined  upon  oath ;  and 
therefore,  gentlemen,  the  king  is  pleased  to  go 
less  in  this  case  than  in  the  others.  That  this 
gentleman,  who  is  now  before  the  court,  may 
clear  his  innocence,  if  he  has  any  witne^es  to 
do  it.  And  if  there  be  any  advantage  that  thtt 
having  of  counsel  can  contribute  to  his  cause, 
he  has  that  allowed  him  too. 


Jost  Withitii.  You  know  our  opinions  al- 
mdy,  Mr.  WiHiams^unless  Mr.  Attorney  con- 
tent, we  cannot  do  it.  « 

Mr.  WiUiams,  We  only  acquaint  Mr.  At- 
torney with  it,  we  roust  submit  to  your  rule,  he 
is  certainly  serjeant  at  arms,  he  came  in  the 
place  of  Dereham  that  let  my  lord  Grey  es- 
cape. 

Att,  Gen,  Pray  prove  it,  I  do  not  know  it 
lor  my  share.  ■ 

Mr.  Williams.  Will  yon  ask  him  the  ques- 
tion? ^ 

Att,  Gen,  Pray  prove  it.  Are  we  to  gra- 
tify your,  client  ?  pray  let  him  better  instruct 
his  counsel. 

X.  C.  /.  if  Mr.  Attorney  coiisent  not,  then 
he  must  be  sworn. 

Att.  Gen.  If  there  be  enough  without  him 
that  do  appear,  let  him  stand  by. 

Cl.qfCr.  Stand  down,  Mr.  Shoreditch.— 
Charl^  Good,  esq.  jnr'*^ 

Ait.  Gen.  That  it  may  appear  how  fair 
things  were  carried,  they  would  not  strike  out 
oiie  of  these  men  when  they  came  before  the 
Prothonotary,  as  th^  might  have  done. 

Just.  Wilhins,  Truly  that  was  not  well 
done,  to  trouble  the  court  when  you  might 
make  your  exceptions  there. 

Mr.  Williams,  We  did  not  know  it  then, 
now  we  do,  we  offer  ii  to  the  court. 

CL  of  Cr.  Samuel  Rouse,  esq.  jur'—  Hugh 
Squire,  esq.  fut* — Nehemiah  Arnold,  esq.  jnr' 
—John  Bifeildi  esq.  jur'.  Then  tlie  Jury  were 
numbered,  and  the  twelve  swocn  were  these : 
"Sir  .Charles  Gerard,  hart.  Ro^er  JeniifQgs, 
Henry  Hodges,  Thomas  Harnott,  Thomas 
£arsby,  Wimani  Avery,  John  Sharp,  Charles 
Good,  Samuel  Rouse,  Hugh  Squire,  Nehemiah 
Arnold,  John  Bifeild,  esquires. 

CI.  qfCr,  Gentlemen  of  the  jury.  You  that 
are  sworn,  hearken  to  your  charge.  The  de- 
fendant John  Hampden  stands  indicted  by  the 
name.of  John  Hampden,  of  the  parish  of  St. 
Gifes  in  the  Fields,  in  the  county  of  Middlesex, 
gent.  (Prout  in  the  Indictment,  mutatis 
mutandis) — To  this  indictment  he  has  pleaded 
Not  Guilty,  and  fbr  his  trial  puts  himself  upon 
.  the  country,  and  the  king's  attorney  general 
likewise,  which  countir  you  arc ;  your  charge 
19  to  enquire  whether  the  defendant  be  guilty  of 
the  great  misdemeanour  whereof  he  stands  in- 
dicted, or  not  guilty ;  if  yoi|  find  him  guilty, 
yon  are  to  say  so ;  and  if  you  find  him  not 
ifuiltyy  ^ou  are  to  say  so,  and  no  more ;  and  hear 
ycur  evidence. 

Then  ProclamatioD  was  made  for  evidence 
in  usual  form. 

Mr.  HoUoway.  May  it  please  your  lordship, 
and  gentlemen,  you  tha^  are  sworn,  I  am  of 
counsel  fbr  the  king  upon  this  indictment 
Gentlemen,  the  indictment  sets  forth,  that  the 
defendant  being  a  seditious,  malidous,  evil-dls- 
posed  jiefBon,  and  seditiously  and  maliciously 
intendmg  to  distuih  the  peace  of  the  kingdom, 
Ihe  kst  day  of  June,  in  the  35th  year  of  his 
now  majjesiy 's  reign,  and  divan  o4ier  days  and 


The  course  of  our  evidence,  gentlemen,  will 
be  this. 

AYe  shall  prove  to  you  thatMr..Hamnden^ 
with  five  other  persons,  (I  shall  name  them) 
the  duke  of  Monmouth,  my  lord  Russell,  Mr. 
Sidney^  my  lord  of  Essex,  and  my  lont  How  • 
ard«  they  met  several  times,  (the  particulars  wa 
shall  give  you  an  account  of)  one  was  at  Mr. 
Hampden's  house,  another  was  at  my  lord 
Russell's,  where  they  did  contrive  together, 
and  took  upon  tliem  to  be  a  juncto,  or  a  coun^l 
of  six,  collected  out  of  the  wisest  men  of  the 
kingdom,  to  consider  how  they  might  better 
the  afiaus  of  the  nation,  and  how  tiiey  .might 
make  a  stir :  for  they  thoujjrht  there  was  n» 
way  possible  otherwise  of  dom^  it,  but  by  their 
joint  councils  to  carry  on  a  rismg.  And  that 
thc^  might  do'  it  the  better,  they  resolved  %m 
crave  the  assistance  of  Scotland^  Gentlemen, 
we  shall  give  you  an  account  of  their  consnUt 
and  debates,  and  shall  shew  you,  that  at  length 
they  came  to  a  resolution,  that  the  rising  was 
to  be  carrietl  on  jointly  in  London,  and  ihe  se- 
veral parts  of  the  kingdom,  in  several  countries 
at  once.  Then  they  cam^  .to  think,  and  con« 
sidcT  %^  hethor  it  were  not  best  to  send  into  Scot* 
land}  to  draw  them  in  too.  And  th^rtupon  it 
was  agreed  by  this  juncto^  that  they  would  send 


toSi]     STATE  TMALS>^GnAitLyslL  l6%4.^7^udff  Mm  Bmrim,  {l^ 


tKidl«r,'iuad  HM^Tommjgemeniof  ii  was  oom- 
noitted  to  Mr.  SidiMy,  to  send  some  fit  person 
into  Scotland,  to  treat  with  the  male-€0ntc;pt8 
there ;  and  the  better  to  carry  ou  this  joint  de- 
sign, some  of  them  were  to  come  up, to  Lop- 
dlin.  And  they  were  to  hare. a  pretence  to 
treat  about  gtnog  to  Carolina,  and  the  purchas- 
ing' some  shares  in  the  plai^ation  tb^e,  cf 
which  mv  lord  Shaftesbury  was  a  chief  go- 
vernor. .We  shall  prove  to  you,  gentlemen, 
besides  all  that  I  have  opened,,  that  the  person 
to  whom  that  trust  was  committed,  Mr.  Sid- 
ney, according:  to  the  duty  that  he  bad  taken 
\ipon  him,  does  employ  one  Aaron  Smith, 
which  all  that  know  him,  do  ^now  him  to  be  a 
fit  engine  lor  such  counselors,  and  a  fit  instru- 
ment for  such  a  conspiracy.  We  shall  prove 
he  actually  was  in  Scotland,  and  that  he.  went 
into  Scotland  upon  this  errand.  And  then  we 
•hall  prove  that  those  gentlemen  that  were 
sent  to,  and  were  the  persons  named  in  their 
Xionsulu  to  be  treated  with,  came  here  soon 
after  to  town,  and  as  soon  as  ever  this  plot  was 
discovered,  they  fled  and  absconded  themselves. 
Gentlemen,  if  we  shall  prove  all  this  matter  to 
you,  I  think  ,it  will  be  without  any  question 
clear,  that  this  gentleman  is  notoriously  guilty 
.  of  tliis  high  misdemeanour.  And  indeed,  if 
you  observe  it,  one  of  the  persons  has  given 
ju<)orQ;eat  a(?ainst  himself,  the  earl  of  Essex. 
But  tiie  pMty  have  been  so  diligent  and  offi- 
fnous  as  to  fnng  that  upon  the  government; 
but  that  matter  we  shall  nave  before  the  court 
in  judgment  to-morrow.  For  two  of  the 
others  they  have  received  the  judgment  of  the 
law ;  for  two  more  of  them  the  king  has  been 
pleased  to  take  them  into  his  mercy ;  the  one  is 
niy  lord  Howard,  who  is  summoned  to  appear 
here  to  day ;  the  other  is  the  duke  of  Mon- 
mouth, who  has  confessed  all  this  matter,  and 
iias  taken  his  pardon,  and  wo  have  summoned 
him  alia  to  be  here  this  day ;  that  the  world, 
if  they  will  have  their  eyes  opened  (I  mean  the 
discontented  world)  may  see  there  is  nothing 
sought,  but  the  peace  and  quieting  of  the 
kingdom.  Gentlemen,  if  we  pfove  ail  this 
matter  to  you,  I  shall  be  glad  to  hear  the  de- 
fence  of  the  counsel,  and  the  defence  made  by 
/      witnesses  upon  oath. 

Solicitor  General.  (Mr.  Finch.)  My  lord, 
^e  wiH  call  our  witnesses,  and  first  we  b^in 
'  %vith  the  duke  of  Monmouth. 

Ait.  Gen.  Call  James  duke  of  Monmouth. 

Crier.  James  duke  of  Monmouth. 

Att.  Gen.  CaU  him  agaui. 

Crier.  James  duke  of  Monmouth. 

L.  C.  X  Was  be  served  with  a  subpoena  ? 

Att,  Gen.    My  lord,  we  will  prove  we  have 

served  him  in  all  plaees  where  ne  was  like  to 

*  to  be  met  with  ;    that  we  left  subpcenas  with 

'  his  servants,  who  promised  to  ddUver  them  to 


L.  C.  J.  P^ve  it. 

^  Att.  Gen.  Where  is  Mr.  Atterbury  ?  Swear 
Wm.  t  Which  was  done  1  Pray  will  you  give 
the  court  an  account,  whether  you  did  serve 
the  duke  of  MonmoUdi  with  any  snbpieim  ?  )n 


what  pkwes^du  were  loMrre  hi%  amlwbi 
you  left  it  with  ? 

Atterbury.  My  lord,  on  Friday  hit  iqh 
•even-night,  I  wm  oopvumded  hy  Mr.  Attor- 
ney-General, to  caiqf  a  subpffiua  to  serve 
upon  the  duke  of  Moupouthj.  and  to  go  to  lit 
house  fit  Moor-pailE,  where  it  was  geoenHy 
discoursed  be  was.  I  did  go  and  take  a  sd)- 
poBua  from  Mr.  Burtod,  bv  Mr.  Attomey'i 
order,  and  went  to  the  dukev  house,  at  Hflsr- 
park.  When  I  caiM  there,  the  outivardgate 
was  locked,  and  I  went  to  an  house  where  tbe 
keys  are  kept,  and  havhtf  ^t  the  kejs;  I 
went  down  to  the  house,  and  I  saw  there  mt 
of  his  servants  fothering  of  cattle ;  and  covmg 
up  to  him,  I  asked  him  if  the  duke  of  tfoo- 
mouth  was  in  die  house.  He  told  me,  he 
could  not  well  tell,  whether.be  was  or  not, 
but  he  thought  he  was  gone  to  London,  fo  jte 
saw  the  calash,  and  five  or  six  horsemeD  with 
it,  and  they  said  in  the  house,  that  it  was  the 
duke  that  was  gone  to  London.  I  asked  if 
there  were  any  servants  that  were  nearer  to  his 
grace  in  iba  nouse,  that  J  mi^^ht  speak  wiA ; 
they  said.  Yes,  there  was  the  nouse-kecp&sr 
steward,  one  Mr.  Hawkins,  that  attendea  uimni 
the  duke.  I  desired  to  sneak  with  bin,  and  he 
came  out  to  me ;  I  askea  him  if  tbe  duke  vu 
there  ?  He  seemed  to  be  unwilling  to  give  ae 
an  answer.  I  asked  him  the  second  time ;  hA 
he  did  not  say  he  was,  or  be  was  not  I 
told  him  then,  I  had  a  subpoena,  which  I 
brought  with  me  by  Mr.  Attome  v  GenenP* 
order  to  serve  upon  his  grace,  which  wu  to 
require  him  to  attend  here  this  day,  to  te^ 
his  knowledge,  in  a  case  between  the  kiDgiHd 
Mr.  Hampden.    He  told  me,   Sir,  said  he, 

SVe  me  your  subpoina,  and  I  willukecife 
e  duke  shall  have  it.  He  took  it  of  me,  isA 
1  came  back  to  London  presently.  As  soon  at 
I  ca^ie  to  town,  I  had  a  second  subpoena  given 
me  to  serve  upon  bis  grace,  witli  wbich  I  wept 
to  the  duke's  house  at  the  Cockpit.  When  1 
came  there,  I  spake  with  the  porter,  I  tbisk 
his  name  is  Johnson  (but  the  porter  he  i8>  u» 
1  remember  him  a  servant  there  roanv  J^); 
I  asked  him,  if  the  duke  were  there?  Betpld 
me  he  did  not  lodge  there.  I  told  him  I  had  ft 
subpoena  to  serve  upon  his  grace  to  appear  •• 
this  day,  the  same  as  I  said  at  Moor-pan- 
Says  he,  BIr.  Atterbury,  I  will  take  care  Ibe 
duke  have  it  t07uight,  or  to-morrow  naioioiitf 
early. 

L.  C.  J.  When  was  this? 

Atterbury.  It  was  of  the  same  day,  FruOT 
was  seven- night  last.  I  was  told  »^^*'YT: 
by  one  that  1  met  with,  that  tbe  4l«ke  did  lo^ 
at  Mr.  Rows  house,  who  is  a  scrvaDtto  die 
duke,  one  of  his  gentlemen.  He  lives  is  ue 
Pallmall,  it  is  either  his  house  or  bis  lodgitfi 
but  they  call  it  his  house.    I  bad  a  third  a»- 

foena  given  me  to  the  same  effect.  And  w»b 
came  there,  I  asked  for  the  dc^ V^  I 
woman  came  to  the  door,  Hcs.  Maidy  (I  ibiw 
they  call  her\  she  seemed  to  m«ke  little  ,s&- 
swier  to  what  I  said.  Said  I,  .Pray  will  ff^ 
give  this  fiuhp<Ena  to  the  dm,  «  to  W* 


%%66]        BTJUTE  TRiAIS,  S6  Chmlbs  II.  1^84^-^^  «  MiMAmmm$i\       {l^. 


Rowlogiue  it  thefllilpB»  .^le^aokiiofioe, 
and  said,  she  would  siTe  it  Mr.  jHow  oertainly 
Id  fftye  to  ,tli€  duke.  And  yesterday,  or 
'the  &y  hefore,  I  met  Mr.  Bow  at  Whitefaail, 
and  says  he  to  roe,  Mr.  Atterbivy,  you  brought 
a  sabpcena  to  ipofy  bouse  a  iiuie  while  ago. 
Yes,  »ir,  said  I,  I  did,  had  tou  it?  Tes,  I 
had  the  subpoena,  says  he.  Tbto  iteys  I,  I 
hope  you  gave  the.  duke  it  ?  To  that  he  made 
me  no  answer,  but  nodded  bis  head,  and  smiled, 
and  went  away. 

L.  C.J.  Now  call  his  grace  again. 
^  Crier.  James  duke  of  Slonmouth.    [But  he 
did  not  appear.] 

Att.  ben.     Call   William   lord   Howard. 

{Who  was  in  the  court.]  Pray  swear  my 
ord  Howard.    [Which  was  done.] 

Ad.  Gpi.  My  lord  Howard,  pray  will  yon 
be  pleased  to  give  the  court  and  the  jury  an 
account  wbat  you  know  of  any  meetin|^  by  the 
gentleman  that  is  now  accused,  and  Uie  duke 
of  Monmouth,  my  lord  RusseQ,  yourself  and 
others,  and  when ;  tell  what  you  know. 

Lord  Howard.  My  lord,  in  January  last  was 
twelfemonth,  about  Ae  midst  of  January,  I 
«ras  called  ont  by  oobnel  Sidney,  being  then 
in  my  lodgings  m  Southampton-street,  and 
carried  by  iiim  to  Mr.  Hampden'^  house,  I  do 
not  kobw  what  they  call  tne  street,  but  the 
same  side  of  the  way  with  the  fine  house  that  is 
In  Bloomsbm'y — 

Mr.  Jones.  By  my  lord  Montague's  house 
that  now  is,  you  mean  ? 

Lord  Howard.  Yes,  of  the  same  side  of  the 
way;  When  I  came  there,  there  was  my  lord 
Russell,  and  the  duke  of  Monmouth,  colonel 
Sidney  and  I  went  together,  Mr.  Hampden 
was  tiken  m  the  room  where  they  were.  Af- 
terwards came  in  my  lord  of  Essex,  this  made 
up  six.  When  they  were  there,  we  fell  into 
discourses . — 

Aii.  Gen.  Pray,  my  lord,  before  you  come 
to  tell  the  particular  discourses,  give  an  account 
how,  and  upon  what  grounds  you  came  to  have 
this  juneto  of  six  ? 

X.  C.  J.  If  vou  please,  my  lord,  pray  gi?e 
mn  account  of  tne  preliminary  passages. 

.Lord  HoKurd.  My  lord,  after  the  disappoint- 
ment given  to  ;^n  undertaking  that  was  begun 
by  mv  lord  ^haftsbury,  wh^cn  was  in  October 
or  ^vember  before,  in  November  he  died, 
^fterthat,  truly  I  cannot  say,  bnt  that  colonel 
Sidqev  and.mj^self  might  be,  and  were  the  two 
first  that  did  give  the  rise  to  it.    For  being  in 

fe:ourBe,  we  said  it  was  absolutely  necessary 
t  there  should  be  some  council  erected  to 
^ve^Kune  steadioess  to  the  motions       ■     ■ 

.X..C.  J.  My  .lord,  I  would  not  willingly 

jntcfnii^t  you.    But  you  seem  to  speak  of  a 

.llisappOKntroent  given  to  an    undertaking  by 

.  my  Jord  Shaftsbury .    Pray  what  was  that  un- 

^lertakingP 

Lord  Howard,  Vour  lordship  has  heard  of 
that  befoi^,  and  know  it  very  well. 

£.  C.J^  Though  we  laiowjt,  the  jury  do 
jiot     fVbey  hate  no^t  bearjl  it  judicially  at 


Lord  Hamard.  Becanseift  has  bfto  in  tiie 
printed  books,  every  body  I  suppose  knows  it* 

t.  C.  J.  But  tluit  they  cannot  judicially 
take  notice  of. 

Iiord  Howard,  That  b  something  %  kmg 
history,  my  lord. 

L.  C.  J.    Though  it  be,  we  most  hear  it.  * 

Att.  Gen,  Pray  make  it  as  shmrtas  you  cud^ 
my  lord. 

Lord ,  Howard,  So  much  as  I  can  me  ac- 
count of  is  thii.  It  was.  aboujl  tbeoawaAer 
Michael's  day  that  I  came  to  my  own  houaey 
having  been  .before  m  Easex,  and  that  I  ibk^ 
was  ^orday .  The  Monday  £blk>wiQg  capt^ 
Walcbt  came  to  me  and  dined  wjth  me,  fid 
after  dinner  told  me,  my  lord^f  Shaftswury 
had  left  his  house,  and  had  betaken  JiiiqMell'  $o 
a  private  lod^g,  and  had  bid  himself  ivspi 
the  rest  of  his  friends ;  but  had  a  great  kinjl- 
ness  for  me,  (which  kindness  truly  I  vrish  (e 
had  spared)  and  desired  to  see  me.  I  ^oik 
time  to  consider  of  it ;  but  I  hid  bim  go.  badk.to 
my  lord  Shaftesbury,  and  tell  him,  if  he  k^A 
any  thing  of  an  extraordinary  nature  to  i^c- 
quaint  me  with,  I  would  come  and  assist  him 
all  I  could.  He  came  |he  next  day  agaip,  and 
shewed  me  to  my  lord  Shalksbory's  lo()giog: 
He  lodged  then  at  one  Watson's  house,  a  oifi* 
2en,  I  know  not  what  street  theycall  it;  byt 
it  was  in  a  little  street  down  by  Vood-ntre^. 
And  when  I  came  to  him,  I  found  my  lord 
Shaftesbury  very  much  differing  from  wnat  he 
ua^  to  be,  which  was  more  cautious ;  and  we- 
sently  he  fell  to  tell  me,  that,  he  was  forced  to 
withdraw  himself  from  his  own  house,  for  fear 
of  being  attacked  again  by  shamrcharg^s  and 
plots,  and  false  evidence,  as  be  had  before :  •  F#r 
now  he  said,  he  saw  they  had  die  possession  of 
all  juries,  by  having  those  sheriife  w})ich  were 
imposed  upon  the  city,  as  be  said,  and  he  oould 
not  think  his  own  lite  or  any  man's  life  safe ; 
for  to  be  accused  was  sufficient  to  bring  his  life 
into  very  greatdanffer,  and  tor  that  reason  h^  had 
withdrawn  himself  to  Uiat  private  retirement ; 
and  being  there  he  was  resolved  to  make  some 
speedy  push,  for  recovering  of  the  liberties  of 
England ;  that  there  was  preparation  made  in 
the  city  of  several  thousands  of  men,  that  were 
all  in  readiness  to  rise,  and  that  for  his  part,  he 
was  resolved  to  be  set  on  horseback ;  for  gist 
on  horseback  he  could  not;  and  that  mve 
were  great  numbers  that  w^re  reMy,  when  he 
did  bnt  bold  up  his  finger,  to  be  drawn  together 
at  any  time:  That divershad been  drawn  ont 
of  the  country  to  Join  with  them  by  insepsiMe 
parties  of  home,  I  tiiink  be  named  about  foir- 
score  ,w  an  hundred.  Which  since  X  fouftd 
were  to  be  heeded  by  eolonel  J[tumsey,  upon 
the  day  of  msJdng  and  de<)Ia^ng  the  ^sheriffs ; 
but  finding  there  was  npdiing  done,  bC'Siith* 
di-ew  himself  and  his  man  thither ;.  Imtlheie 
was  such  a  general  preparatiop  ^.ibe.'eiliy,  Ibit 
if  some  lords  did  not  unhandsom^  deserl  them 
they  slmuld  be  in  readinsserfor  M^tiOD  .^MkMir- 
I  awed  him  who  he  meant  ?  Be  ;PM  .ine,  ^me 
duke  ef  MoftmenAi  urn)  JHy.levd  BuMell  bud 
v^vy  imfayidgomely  rtewatql  Jika;  )6r  thegr 


n 


1t)67]     STATE  tlilALS,  36  Charles  IL  iGBi.-^Trkl  of  John  Bmpitn,    [io6S 


'  tiad  promised  and  undertaken  to  be  in  readinesi 

-  with  men  out  of  several  countries  in  which  tbej 
had  an  interest*  he  named  Somei'setshire,  De- 
vonshire, and  Cheshire,  I  think,  and  that  my 
lord  Orey  should  he  disposed  of  into  Essex  to  do 
the  same  there,  and  if  they  had  held  on  this 
resolution,  it  had  been  snch  a  sure  game,  th^t 
it  could  not  have  fsuled :  But  says  he,  they  are 
started,  and.  say  they  cannot  be  in  a  readiness 
to  do  it.  My  ford,  1  Very  much  wonder  that 
those  persons  you  nanieQ  should  engage  in  any 
design,  and  iail  of  performing  what  they  pro- 
mised! Says  he,  I  will  assure  yen  it  is-so. 
And  80  he  proceeded  to  speak  several  sharp 
things  of  the  duke  of  Monmouth,  upon  the  ac« 
eount  of  his  ambition,  that  he  thought  to  have 
all  under  his  command :  Wiiich  was  a  secret 
Inilnng  ambition  in  hira,  that  he  said,  he  al- 
ways suspected  the  duke  to  be  guilty  of.     And 

'  now  be  foui^d  his  suspicions  true.  That  unless 
he  might  command  all,  he  would  do  nothing. 
But  for  his  part,  since  lie  found  the  matter  so, 
be  was  resolTed  to  ^  on  alone,  rather  thap  fail 
in  his  design.  Said  I,  my  lord,  I  should  be 
Tery  forward  to  concur  with  you  in  any  thing ; 
but  I  wonder  your  lordship  snould  step  into  an 

-  action  of  such  danger,  thus  divided  from  those, 
that  are  most  likely  to  assist  you  in  it.  I  can* 
not  help  it,  said  he,  I  have  left  my  house,  and 
tnu^  go  on.  My  lord,  said  I,  pray  give  me 
leave  to  go  to  the  duke  ofMonmoutn,  and  ex- 
postulate the  matfer  with  him,  and  I  will  come 
and  give  you  an  account  again.    Says  he,  it 

'  is  to  no  purpose,  I  dare  say.    Said  I^  my  lord, 
pray  let  me  eo  and  try,  for  f  would  not  have 
you  divided,  out  I  will  promise  you  this,  I  will 
not  tell  him  I  came  from  you,  but  as  from  my« 
self  discourse  it  with  the  duke.    WeO,  said  he, 
if  you  will  you  may.    Th is  was  upon  Tuesday , 
'  1  think  the  3d  of  October,  the  Sd  or  4th.    So  I 
went  to  the  duke  of  Monmouth  the  next  day, 
which  was  Wednesday,  and  finding^  him  not  at 
home  at  his  bouse  in  Sobo,  and  bemg  told  he 
was  ct  Moor-park,  I  took  an  occasion  to  go  to 
Moor-park,  and  1  came  there  a  little  after  din- 
ner, and  took  him  aside,  and  told  him  ail  this 
that  I  now  have  spoken  about  my  lord  Sbafles- 
bury.    Says  he,  I  think  the  man  is  mad,  what 
does  he  mean  ?    We  did  undertake  to  do  this, 
it  is  true ;  bnt  not  by  that  time  he  speaks  of, 
and  things  ^ve  not  ready,  I  know  not  what  his 
'  -own  fears  make  him  do,  but  he  does  act  so  pre- 
'  postcrously  that  he  will  undo  us  all.    Said  I, 
my  lord,  all  that  I  shall  desire  is,  that  there 
may  be  an  interview  betwixt  you,  and  dis- 
eoarse  the  thing  with  one  another,  or  else  it 
nay  be  a  thing  of  very  fatal  consequence  for 
him  to  step  into  an  action  of  this  dan^^er  and 
concern  While  yon  are  thus  divided.    With  all 
my  heart,  says  the  duke,  T  would  have  nothing 
more,  1  desire  to  speak  with  him.    This  made 
^«ae  recoil  back  again  to  my  lord  of  Shaftesbury 
-the  next  day,  ai^  I  told  him  all  this,  and  de- 
•sired  he  would  give  a  meeting";  says  he,  I  see 
'  they  are  false  then  to  say  they^did  not  engage ; 
4hey  were  engaged,  and  that  against  ^is  time 
Moo,  the  confirmation  and  swearing  of  the  she 


rifik ;  and  now  for  me  to  meet  with  them,  I 
know  I  shall  run  out  into  passion  and  anger, 
and  therefore  it  is  better  omitted.  Said  I,  my 
lord,  I  must  positively  insist  upon  it.  1  most 
have  an  interview  between  you,  for  it  is  t  mad- 
ness for  you  to  go  on  thus  aivided  in  so  great  a 
business.  I  could  not  prevail,  be  woiOd  not; 
but  he  told  me  if  I  would  I  might  go  to  them 
from  him,  and  let  them  know  I  had  been  with 
him  ;  (for  before  1  pretended  to  have  it  from  a 
third  hand,  and  not  from  my  lord  himself,)  and 
if  they  would  be  in  a  readiness  with  what  they 
promised  from  the  country,  he  would  ask  no- 
thing from  the  city,  he  would  take  that  pbee 
upon  himself,  if  they  would  perform  their  en- 
gagement i'c:  other  parts;  butheresolredtB 
go  on.  So  I  went  to  the  duke  of  MoDmosth 
again,  and  told  him,  what  he  said,  That  1  coold 
not  by  any  means  get  him  to  an  interriev. 
Says  the  duke,  he  is  a  strange  man,  I  ^know 
not  what  to  do  with  him,  we  will  all  bo  in  a 
readiness  as  soon  as  we  can ;  but  it  is  imoot- 
sible  to  do  it  so  soon.  I  went  to  my  lora  of 
Shaftesbury  again  on  the  Saturday,,  and  did 
then  positively  engage  him  that  he  would  give 
a  meeting  to  me,  ann  the  duke  of  Moomootb, 
and  some  others :  And  we  appointed  dme  aod 

Klace ;  he  appointed  to  come  out  in  a  parson's 
abit,  and  a  black  perriwig^tb  his  own  hoasoi 
which  he  thought  the  safest  place,  because  be 
would  not  discover  \\*n  lodging  to  any  of  them, 
for  fear  it  should  come  to  te  known.  WA 
these  instructions  I  came  to  the  dnke  of  Moo- 
mouth  to  prepare  about  it,  and  proffered  biro  to 
be  ready  the  next  day  at  evening_with  rayloid 
Russell  to  go  to  him .  All  this  while  I  had  not 
spoken  to  my  lord  Russell,  but  only  to  the 
duke  of  Monmouth .  And  the  next  day  ^  hen  I 
came  from  church  to  my  own  house,  there  met 
me  a  message  from  colonel  Rumsey,  who  I  oi- 
derstood  by  my  servants  had  been  there,  aod 
left  bis  name,  with  this  message,  that  he  came 
to  tell  me,  the  gentleman  that  was  to  meet 
couFd  not  meet  This  was  so  confused  a  mat- 
ter, that  I  was  impatient  till  I  knew  the  mean- 
ing of  it.  I  took  my  coach  Imd  went  d*'^ 
to  the  duke  of  Monmouth's  agam,  and  he  Urn 
me,  colonel  Rumsey  had  been  with  biro,  and 
told  him,  my  lord  of  Shaftesbury  was  appw- 
licnsive  there  were  a  greait  many  Tories  abocj 
his  house,  and  he  fearad  being  discovered,  and 
therefore  had  removed  his  kMlging,  and  • 
could  not  meet ;  but  we  should  hear  from  bin 
in  two  or  three  days.  So  that  was  the  tat 
time  that  I  saw  my  lord  of  Shaftesbury,  or  in- 
deed, in  a  direct  line,  did  hear  from  him;  «*• 
laterally  by  Walcot  I  did  afterwards  bear;  m 
bv  this  means  we  were  at  a  loss.  After  m 
tfie  duke  of  Monmouth  did  tell  me  (for  he*J 
not  own  to  me  that  he  saw  him,  bat  indeed 
swore  to  me  that  he  did  not  see  him ;  hot  * 
find  since  he  did.)  That  he  wouW  do  what  be 
could  to  prevent  an  untimely,  dangerous  un- 
dertaking. Bnt  after  this  it  seems  they  had  a 
meeting  at  Mr.  Sheppard's  house,  where  ig 
lord  Shaftesbury  sent  a  message  to  hm  "J 
my  lord  Rusadf;  bat  the  duke  pf  Mown*** 


10^]        tfTATE  TRIALS,  S6  Ch  ABLls  IL  1084.-^  «  MUdemeiuufr.       [  i  Q7# 

be  treated  as  tbe  dtilce  of  Montnontb^  beeatim  • 
he  does  not  expect  you ;  1>ut  take  him  as  a  phi-  ' 
losopber,  and  dine  with  him  as  he  uses  to  dii(« 
at  bis  own  table.  Says  the  duke  of  Monmouth^ 
I  care  not  for  entertainment ;  I  will  gx>  with 
vou :  And  there  at  that  time  did  the  duke  of 
Moomoyth  undertake  to  brin^  in  my  lord  Rus- 
sell and  my  lord  of  Salisbury.  This  was  tbe 
only  discourse  preparatory  to  it  that  erer  I 
knew  of.  VVitlim  a  fortoifl^ht  or  three  weeks 
after,  nay,  I  think  it  was  less  than  ten  days 
after,  colonel  Sidney  came  to  me,  and  told  me, 
my  lord  of  Essex  was  rery  forward  in  it.  The 
iluke  of  Monmouth  would  prepare  my  lord 
Russell,  and  my  lord  Salisbury ;  and  he  him* 
self  did  not  doubt,  but  Mr.  Hampden  was  very 
willing  to  be  in  it  too ;  and  they  had  appointed 
a  meeting  at  Mr.  Hampden's  house,  and  h# 
would  carry  me  thither  to  the  house ;  and  ihiv 
was  the  first  meeting  that  I  knew  of;  and  thaw 
we  met  all  six. 

Att,  Gen.  About  what  time  was  that  ? 

Lord  Howard.  It  was  about  the  middle  of 
January ;  and  truly  I  think  1  couM  reduce  it 
to  a  certain  day  or  two  by  the  penons  where  I 
lodged. 

Att,  Gen.  What  was  debate  there? 

Lord  Howard.    When  we  came  there  erery 
one  discoursed  what  he  would.     There  was  & 
discourse  of  the  time  and  places  where  to  rise ;  • 
but  among  other  things  it  was  resolred  as  m 
{Mrincipal  point,  that  there  should  lie  a  prepara-  . 
tion  made  for  the  design,  by  a  treaty  with  thos» 
of  Scotland,  and  an  understanding  setded  with 
Argyle,  and  a  messenger  sent  to  my  lord  Ar*  • 
gyle,  and  others.     And  before  this  was  done, 
we  oould  not  be  ripe  for  any  resolution :    But 
this  must  be  speedily  done. 

L.  C.  J.   Pray,  iny  lord,  gire  me  your  Ik-* 
Tour,  1  would  not  interrupt  you;  but  to  make, 
things  clear  as  we  go,  I  desire  to  ask  you^ 
when  y  Ou  came  first  to  Mr.  Hampden's  home^ 
who  spake  first,  when  you  were  all  met  togs- ' ' 
thcr? 

Lord  Howard.  Erery  body  discoursed  what 
thev  pleased. 

'  t.  C.  J.  But  who  gave  an  account  of  the 
reason  of  the  meeting  ?  Will  you  please  to  re- 
collect, and  tell  what  yon  know,  who  began  the  > 
discourse? 

Lonl  Howard.  Something  iotroductive  to  it; 
was  said  by  Mr.  Hampden,  we  being  at  his 
house,  as  it'ts  natural  to  conoeLve  for  any  gen- 
tleman at  whose  house  people  are  met,  to  say^ 
Pray  let  us  sit  down  and  talk  of  our  business. 
Somethmg  leading  and  introductiTe  was  said^ 
by  him. 

X.  C.  J.  Pray,  m^  lord,  as  near asvoa  can 
remember,  will  you  give  an  account  what  was  - 
the  thing  he  began  to  disoeorse  of?  l>id  he 
seem  to  take  any  notice,  or  hare  any  know- 
lec^  of  your  meeting,  and  odier  thinp  before  ? 

Lord  boward.  It  was  a  general  hint  and  iiK# 
timalton  to  us  of  the  ends  of  our  meeting,  that 
we  were  there  come  to  consult  aiid  adnse  one* 
with  aoollicr,  how.t^i  put.  things  into  a  bettw 
method  end  posture  thiui  formerly  4   and  ht» 


eoly  told  me,  that  mj  lord  Russell  had  met 
with  him,  aiiid  seen  him ;  but  he  never  owned 
that  he  had  met  him  himself  or  seen  him. 
About  four  or  five  days  after,  captam  Walcot 
came  to  nse,  and  toM  me,  sninh  a  day  was  set 
for  the  rising.  Upon  which  being  startled,  I 
had  nothing  to  do,  W  recoil  bock  to  the  duke 
ef  Monmoqth,  end  endeavour  to  stop  any  rash 
proceedings ;  and  it  was  stopped  as  I  thought, 
end  so  it  continueil  for  two  or  diree  days,  and 
et  that  time,  which  was  in  October,  there  was 
a  rumour  up  and  down  whispered,  as  if  some- 
thing woale  be  attempted ;  but  what  it  was  we 
did  not  know,  but  ttius  it  went  on  for  two  or 
^ree  days,  and  then  it  meeting  with  a  disap- 
pointment upon  the  consultation  at  Mr.  Shep- 
perd's,mylord  Shaftesbury  took  up  his  resolu- 
tion to  be  gone,  and  went  away  to  Holland, 
end  died  in  Holland.  This  is  the  substance  of 
that  account  which  I  can  give  of  those  former 
transactions. 

Att.  Gen.  Now  give  an  account  of  what  was 
sabseguent  to  this. 

Lonl  Homtrd,  This  was  in  November. 
After  this  there  b^ing  frequent  conferences  be* 
tween  colonel  Sidney  and  me ;  for  colonel  Sid- 
ney by  the  way  knew  nothing  of  all  this,  and 
I  was  cautioned  by  my  lord  Shaftesbury,  that 
I  should  not  tell  my  fnend  Sidney  any  thing  of 
it ;  and  asking  him  the  reason  why  I  should 
Bol,  Says  he,  I  can't  well  tell ;  but  you  will 
wonder  when  I  tell  you,  that  his  own  friend 
major  Wildman  has  barred  him  and  would  not 
let  him  know  it.  The  gentleman  is  now  dead ; 
but  I  will  assure  you  he  did  know  nothing  of 
this  for  a  mpnth  after :  for  he  was  gone  into 
the  country  ;  but  afier  my  lord  Sbaflesbnry 
was  deed,  I  told  him  the  history  of  all  these 
lnuisactions,  which  he  was  hefore^a  stranger  to. 
Afyer  lliis,  when  1  had  acouainted  him  with 
svhat  had  beo»  intended  in  London,  and  what 
peparationshad  heea  made,  and  bow  what  was 
ittteeded  had  been  suppressed,  and  in  what  pos- 
ture affairs  then  stood  ;  we  then  took  up  a  re- 
eoletion  to  form  a  council,  that  might  for  the 
time  to  come  give  such  directions  as  might  re- 
gulate the  uMrtMos  of  this  afiair.  Thereupon 
we  began  to  thikik  of  the  persons  who  they 
■hoeld  be.  He  undertook  to  speak  to  my  lord 
ef  Essex,  and  Mr.  Hampden,  and  I  was  to 
bring  the  duke  of  Monmouth  to  a  right  under* 
•laliding  with  him  in  it  So  I  went  to  the  duke 
of  Monmouth,  and  told  him  colonel  Sidney  did 
peaeet  his  service  to  him,  and  would  willingly 
wait  en  kim,  but  that  he  thought  it  would  <m 
llim  hurt,  because  he  was  a  person  of  sndi 
aoto,  and  thereupon  so  obnoxious  that  it  might 
mjodice  him  to  have  him  seen  to  codm  to 
mm;  and  therefore  if  his  grace  would  please 
to  appoint  any  third  place,  he  should  be  very 
fled  to  kiss  his  hand.  Says  the  duke,  I  do  not 
SlMiw  eny  where  truly  to  appoint.  Why  then, 
said  I;. I  will  tell  you  a  place :  Let  us  e'en  go 
to  his  house  (having  before  prepared  ookmel 
IWdney  for  it)  and  take  him  1^  surprise  and 
dine  with  him,  and  then  there  will  be  the  less 
But,  said  I»  you  must  not  ^i^pect  to 


107i)    STAT&nUAL8»4fri;iiJ(«C»i  U*  iC^^^rcM^Aili 


[m 


dcdveA  Ibslw^votld  ait  dalrii  and  dbecNMM 
oCdieietliiDg*.  My  lord«  I  wouM  110I  dnffg« 
myself  with  pafdoolsr*  positively; 

At4.  G^n.  Upoii  wbsft  qoestioM  did  yoiMk- 
bate  and  oQliMilt,  roylordf 

Lord  Hcmatd:  liiose  were  started  m/ftnlW* 
Some  would  spedk  of  tbe  tiode  wben  it  alMiiid 
be,  whether  it  were  not  ooavenieiit  now,  or 
when.  Ochen  offered  eomething  ooBcdnin^ 
the  places,  whether  it  ahoidd  be  begun  in  the 
city  or  in  tbe  country,  or  both  together.  Others^ 
took  it  into  conftideretion,  what  persons  Were  to' 
be  ptBpared  in  the  several  countries  to  be  as- 
siBiing  in  it,  that  were  probable  to  carry  it  on. 
Aud  then  some  disoonnted  concerning  the  rais- 
in|f  of  money^  and  then  what  snm  should  be 
raised,  and  I  think  that  was  started  by  tbe4uke 
of  iVf  onmouth ;  btft  I  am  snre  the  sum  that  he 
named  was  30  or  30,000/.  The  last  thing  that 
was  talked  of,  but  whieh  was  concluded  to  be 
the  thing  principally  to  be  taken  care  of,  was 
the  settUDg  sudi  a  concurrence  and  corres- 
pandenee  with  Scotland,  that  they  miffht  chime 
in  at  tbe  same  time,  that  so  we  miffnt  give  as 
iquiy  diversions  both  from  home  and  abroad  as 
could  be  at  one  and  the  same  time. 

Att.  Gtn,  My  laid  Howard,  DidMr.  Hamp- 
doA  discourse  of  this  matter  ? 

liord  B/ward,  I  cannot  speak  to  the  dis* 
oawse  of  ai»y  one  in  particubr ;  for  I  cannot 
si^  it  was  put  to  the  vote  as  we  tbrmerly  ex- 
pranked  it,  but  it  may  be  said  we  were  all  con- 
s^tii^  and  ooncnmng. 

.  X*  C.  J.  Did  any.  of  you  dcuent  from  the 
lisi^? 

Lord  Heward.  No,  no,  my  lord. 

Ait,  Gen,  Did  any  of  you  oppose  it  at  all  ? 

Lord  Howard.  No,  no,  that  was  discoursed 
4>f  as  a  thing  reaolTed. 

Xk  Ct  J.  I  ask  yon  this  question,  my  lord 
Howard,  Was  there  any  sort  of  complaint  made 
of  the  govenwient,  that  it  was  uneasv  and  that 
nocaswmad  you  to  enter  into  these  debates  ? 

Lord  Howard.  There  was,  I  cannot  say. a 
dMUplaint,  because  there  was  no  person  to  com- 
plain to ;  but  it  was  spoken  of  as  a  matter  of 
prsattfiievaiioe,  that  such  a  force  and  violence 
should  be  put  upon  the  city  in  their  election  of 
ojficers,  and  the  tendency  of  that  as  to  all  ju- 
ries, though  I  cannot  distinctly  remember  the 
particHlar  things. 

.  X.  C.  J.  You  Say  you  weie  talking  of  a  mes- 
senger to  be  sent  into  Scotland  to  my  lord  of 
Argyle,  aad^othcrs  touhime  in  with  you  in  this 
matter,  as -you  say,  pray  did  you  come  to  any 
ilMalutilOB  about  that,  ami  what  did  you  resolve 
upon? 

.  Lord  Howard.  That  there  should  be  one 
only^t^  that  timei  An4  aAerwards  it  was  the 
mttlr  of  the  dabata  at'the  nest  meeting,  which 
waatfaat  neetiiig'at-  mT  lord  Busaeli's,  which 
"  MfaaahoiUlthistkBartwelTB-month,  in  Febmaty 
sQate>tiHMi. 

AttG^n.  How hiagaftet the: first msfltiay 
tkMr.  HhwHrffitfarwas that? 

Uie  Smatii  My  lord^  Ithiikkifw  abMI 
»lbr6nffhk 


A4t.'4S^  WhttifwtiBwar 

IdKAH^mard.  The  asme pcrflOM  tb#l M 
Mk».  But  then  there  im  litOe  spftea  4 
but  the  busiiras  of  Sottlaod. 

X.  C.  J.  Was  Hr.  aawH»^  thsw  at  tka 
sacdlid  meeting? 

Im^Homard.  He  wus  there. 

X.C.X    At  mylaid  HossaU*«  j^MMQrit 

wasP 
Lord  Howard,  Tea. 
Att.  Gen;  What  leaekitioft M  you  cmaU 

then? 

Lord  Howard,  Then  we  came  te  a  raok^ 
tion  tl^t  aomebedy  shoufaf  be  sent,  and  we  be- 
gan to  discourse  who^was  fit,  and  cotentl  Sid- 
ney he  propounded  Aaron  Smith,  (0  sovettT 
tbe  company  he  was  known,  to  others  not; 
but  those  that  did  know  him  did  approve  of  bioi 
as  a  fit  person. . 

Alt,  Gen,  To  whose  provinee  was  that  com- 
mitted of  sending  this  person  into  Soodand? 

Lord  Howard,  Coiaoel  fekdoey  undertook  it 
himself. 

Att.  Gen.  Did  the  rest  consent  to  it? 

Lord  Howard,  Yes,  nobody  did  oppoBs  it| 
but  left  it  to  him. 

X.  C.  J.  Did  Veu  Boiae  the  person  tbeathit 
was  to  go  ? 

Jjor^  Howard,  He  was  not  so  nawed  as  to 
be  with  any  solemnity  approved  or  diipmed; 
but  it  was  left  to  colonel  ^nejf  to  msMUfe  it, 
and  he  naming  Sfmith  as  a  fit  person,  (be  M 
us  that  by  the  by  not  to  put  it  to  tbe  qpestivi 
for  our  approbation)  and  some  of  us  knew  the 
person.,  others  did  not.  I  was  one  tbst  did 
know  him^  and  did'think  him  a  veiy  fit  maats 
send. 

X.  C.  J.  Pray,  my  lord,  who  was  the  per- 
son ?  Be  please  to  tdl  the  jury  so  as  tbey  nay 
know  it.    ' 

Lord  ifoa^arii,^  Aaron  Smith;. 

Jnst  WUhins.  Had  you  any  disooorM  with 
col.  Sidney,  my  lord  afterwasds  that  be  wtt 
sent  ?. 

Lord  Howard,  Yes,  my  lord. 

X.  C.  J.  Pray  give  an  account  of  fii&t. 

Lord  Howard.  About  three  or  fottr  days 
after  this  meeting  at  my  lord  Rosseirf ,  1  west 
to  visit  od.  Sld&iey  at  ht»  house,  and  wfaile  1 
was  there  in  the  room,  he  went  to  his  ^^^^ 
and  out  of  drawers  wIms«  there  were  ^  <*"^|^ 
in  gold  aa  I  could'  guess,  he  took  a  (TMd 
many  pieees,  T  ^  not  know  direotiy  b^ 
many ;  bujt  he  took  out  so  many  as  he  flvd 
•were  threescore  guineas  thathe  wasgMDg^ 
carxy  to  Aaron  Smith ;  I  went mot  in  VJ^ 
ootu^  and  therefore  w&H  away  with  bim  « 
Uis  ooedi,  and  hosat  me  down  at  SoathsAp- 
toB^street  at  my  oum  Ufd/pog*  ^^^^  ? 
furthev,  bathe  did,  and  hetcdd  me  aibnrania 
it  was  clmvey  ed  to  hisQ^  and  that  he  did  gs- 

JLCJ.  How  bag  WM  that  after  your  matt- 

iilg  at  my  lord  Rustfdl^  whe<e  you  s^fj^ 
iMnMtfld  ool.  Sidaey  to  sendonein  Seodand* 

Lord  Howard.  I  think  it  may  bp  lf«*^ 
wedc,  tour  or  five  djwrs,  tibatfsaw  k««2 
the  mamy.   After  thw,  be  Mid^  ha  bai#M» 

^4 


»0f »)•        VWti  ^ItlAtS,  36 Ch Afcl;ES  II.  leUr^ffr  a  MUitftkemkor. '       ( I»7* 


Min  fiiH  moneri  afel^  vf^pAie;  knii  iv^n  he 
was  dispatched,  in  a  week  after  I  was  making; 
ih^HiH^^  afler  him,  and  col.  Sidney  said,  be 
had  wA,  heard  of*  htm  since  he  went  away ;  but 
abont  a  fortnight  or  three  weeks  col.  Sidney 
said  he  had  heard  of  him,  that  he  was  at  New- 
€»st]e  and  staid  there ;  bat  he  wondered  he 
ooakl  hear  no  more  of'  him.  I  then  went  into 
£ssex,'  and  when  i  came  back  from  thence,  he 
toM  me  he  was  come,  but  I  had  never  seen 
him,  not  to  this'  day  ;  indeed  T  had  once  ap- 
pointed a  meeting  with  him  at  Mr.  West's 
chamber;  but  something^  or  other  happened, 
we  did  not  meet. 

Ait,  Gen,  Wc  hare  dope  with  my  lord 
Howard ;  if  they  will  atsk  him  any  questions, 
Ihey  m^y. 

i,  Ci  J.  Tliey  know  their  time,  when  the 
king's  attorney  has  done  with  any  witness, 
then  they  may  examine  him  if  they  please. 
If  they  will  not,  call  your  other  witnesses.  - 

Att.  Oen.  Will  you  ask  hitn  any  questiotis  ? 

Mr.  Jones.  No,  no,  by  advice  they  are  to  ask 
Urn  nothing. 

'  Att,  Oen,  We  shall  gite  your  lordship  and 
the  jury  an  account  in  the  next  place,  that 
inre  have  traced  Aaron  Smith-  into  Scolland. 
And  for  that  we  shall  call  some  witnesses  whk;h 
indeed  we  did  not  produce  before  at  any  trial, 
heeause  we  had  nof  thcii  discovered  so  nnibh. 
We  shall  bfiag  yon  the  |)erson  at  whose  house 
he  lay  at  Newcastle,  and  tii^e  very  messenger 
that  was  sent  with  him  to  conduci  him  a  hy^ 
iHtr  iMo  Scotland.    Call^herifTe  and  Bell. 

X.  C.  J.  Look  ye,  gentlemen,  You  that  are 
at  the  bar  there,  you  must  let  the  jury  stand 
by  themselves.  I  see  there  are  a  great  many 
others  Intenttingled^^ith  them,  and  ^ou,  gentle- 
men of  lAie  jtiry,'  if  any  whi<tperer  talk  to  you, 
we  expect  thatyon  sfioufd  tell  us  who  they  are ; 
Ihr  we  will  suflfer  no  remarks  to  be  made  but 
what  are  opeiTly  made  to  the  court,  and  the 
jury,  by  the  counsel  of  both  sides. 

Att,  Gen,  Swear  Sheriffe  and  Bell.  [Which 
was  done. 

Mr.  WUthms.  What  is  this  man's  name,  Mr. 
Attorney  ?    Friend,  What  is  jour  name  P 

Witness.  My  name  is  Sheriife. 

Att,  Oen.  Pray  give  my  lord  and  the  jury 
an  account  what  you  know  of  any  person  that 
lay  at  voor  house  some  time  since,  and  whether 
y<Ni  nave  seen  him  since  ?  My  lord,  this 
gentleman  did  not  kn6w  Aaron  Smith  before, 
sad  therefore  I  desire  Mr.  Atferbnry  may  be 
call^  and  e^^amined  again. — Mr  Atterbury,  do 
you  know  Aaron  Smith  ? 

Atterbury.  Yes,  I  know  him  very  well. 

AH.  Gen.  Had  this  gentiemaR  a  view  of 
Aaron  Smith  ? 

Atterbury.  Yes,  he  had.  He  was  brought 
yfhere  Aaron  Smith  was,  and  this  other  person 
was  b^  before  him  too,  and  I  was  by  when  they 
Irada  view  of  him. 

Att.  Gen.  Now,  pray  give  an  aecovint  what 
ytm  Imaw  of  the  man  yon  saw. 

Soi.  Gen.  Where  is  Aaron  Smith  ? 

Atterbury,    0e   it  in  th«  Kjiig'fl''beiich 

VOV  IX. 


prison,  and  he  was  brought  "by  Hj^eas  Coipus 
to  Whitehall  before  the  king,  where  these  two 
persons  were  brought  likewise,  arid  there  this 
man,  Sheriffe,  did  own  that  Aaron  Smith  wa^ 
the  man  that  was  at  his  house  ;  and  the  other 
Beli;  owned  that  he  travelled  tOM*ards  Scotland 
with  him^  and  that  he  was  hired  to  shew  hint 
the  way  into  Scotland. 

Alt.  Gen.   Did  Aaron  Smith  say  any  thing  ? 

Atterbury,   He  would  not  answer  any  thing  ' 
at'  all,  nor  say  a  woixl. 

Att.  Gen,  Pray  give  an  account,  Mr. 
Sheriffe,  who  it  was  that  lay  at  your  house,  and 
when  it  was,  and  what  he  said  ^aB  his  busi- 
ness, and  by  what  name  he  went. 

Sheriffe,  l^ndeed  his  business  I  did  not  know  • 
but  he  was  at  our  house -about  tlie  middle  of 
February,  it  was  thereabouts. 

L.  C.  J.  When  was  it  ?   Wliat  February  ? 

Sheriffe.   The  last  Febniary. 

Att.  tren.  You  say  he  was  at  your  house  last 
Pebroaiy,  pray  tell  the  court  where  that  is  ? 
,  Sheriffe.  At  Newcastle. 

Att.  Gen.  Do  yon  keep  any  inn  there  ? 

Sheriffe.  Yes. 

Att.  Gen.  What  sign? 

Sheriffe.  The  sign   of  the  Blaek-Spread- 

Att.  Gen.  And  what  did  he  do  there  ? 

Sheriffe.  He  staid  there  one  night  and  w^ 
away,  and  returned  agaia  in  twelve  daysdr 
thereabouts,  and  came  to  my  house  again. 

Att,  Gen.    Whither  did  tie  go  from  you  ? 

Sheriffe.  He  went  aoiithwfffd  as  I  supppsey 
I  know  no  farther.  ' 

Att.  Gen.  But  nhen  he  first  came  to  your 
house,  which  way  went  he  ? 

Shetiffe,  He  went  northward  towards  Scdl^ 
land,  as  be  himself  said,  and  desired  to  have 
one  to  ishew  him  the  way :  and  I  sent  for  th)s 
man,  ahd  when  he  came  to  him  he  hired  him 
to  ^ivith  him,  and  I  was  by. 

L.  C.  J.  When  hte  first  came  ta  your  htnab 
about  the  middle  of  Fehmary  was  twelvd^ 
month,  whither  was  he  bound  tnen,  northward 
or  southward? 

Sheriffe.  He  was  gomg  to  Scotland,  that  ia 
northward. 

L.  C.  J.  And  you  say,  af^er  he  came  bade 
again,  and  lay  another  night  at  your  house. 

Sheriffe.  Yes,  ten  or  twelve  days  after  ha 
did. 

L.  C.  J,  And  which  way  went  he  the©  ? 

Sheriffe.  Then  he  came  southwards  towarda 
London. 

L.  C.  J.  Did  you  take  exact  notice  of  tire 
man? 

Sheriffe.  Yes,  I  saw  him  before  his  mejMly 
andthe  council. 

L,  C.  J.  And  upon  your  oath,  that  saute 
man  you  saw  there,  was  the  same  man  that 
lodged  at  your  house  in  February  was  twelvd- 
month  ^— ^Sheriffe,  Yes,  it  is. 

Att,  Oen,  What  name  did  he  go  by  at  your 
house?' 

Sheriffe,  He  went  under  the  name  of  MK 
Clerk,  but  what  his  surname  was  I  cannot  telk 

3Z 


107i^]     STATE  TRIALS^  36CflAfti.B8lL  t6^4,^Trial  of  Mn  Btmpdm,  [1076 


X.  C  J.  Had  he  a  aerraot  widLliimP 

Sher^e*  He  bad  a  man  widi  him  that  staid 
at  our  boose  during  the  time  of  his  going 
n(Nrthward. 

Att.  Gen.  What  did  he  caH  his  name? 

Sher^e,  WiUiani  Lan^on. 

AU,  Gen,  Did  he  deaare  yon  to  furnish  him 
witba^ideP 

Shertffe.  He  told  me  bis  senrant  did  not 
know  the  way,  and  his  horse  was  a  little 
lamish,  and  desired  me  to  get  a  guide  for  him. 
For  after  he  bad  dined  at  our  house,  it  hap- 
pened to  be  a  rainy  day,  and  he  could  not  go 
farther  that  night,  and  therefore  desired  m^  to 
get  him  a  man  that  knew  that  country,  and  1 
sent  tor  this  same  man,  and  he  hired  him ;'  and 
he  went  along  with  him  next  morning,  my 
lord. 

Alt.  Gen,  Whither  was  he  to  go? 

SKeriffe,  Truly  I  did  not  know;  but  be  told 
me  be  dul  not  know  the  way  into  Scotland,  and 
I  directed  him  to  a  gentleman's  house  at  J  ad- 
brough  in  the  way. 

L,C.J.    Is  that  the  road  to  Scotland? 

Sheriffei  Yes,  the  high  road  to  one  part  of 
ISeotbmd. 

L.  C.  J.  Did  he  tell  you  to  what  part  or 
place  of  Scotland  be  was  to  go  ? 

Sherige.  He  named  the  west  of  ScotUmd,  I 
thbk  he  named  Dcoglas,  but  I  do  not  know 
what  place  be  certainly  designed  for. 

Att,  Gen,  Then  where  is  Bell? 

Bell,    Here. 

Att,  Gen,  Had  yon  a  riew  of  this  man  they 
can  Aaron  Smith  ? 

BeU.  Yes,  I  bail. 

Att,  Gen,  Give  an  account,  wbetlier  you 
saw  him  in  the  north,  and  when,  and  where? 

BelL  This  man,  Mr.  Sherifie  sent  for  me, 
\  lire  at  Newcastle,  and  there  1  keep  hackney- 
.horsf's  to  fltrre  any  gentlemen,  or  be  a  guide  to 
them  as  there  is  occasion ;  and  Mr.- oheriffe 
sent  for  me,  and  when  I  came,  he  told  me  the 
jpentleman  wanted  a  guide  into  Scotland.  We 
imi^ediately  agreed,  it  was  upon  Thursday 
night  before  that  we  call  Easter-eve. 
'  X.  C  /.   When  was  it,  say  yon  ? 

BelL  It  was  the  Thursday  before  Eaater- 
sren,  so  they  call  it  with  ns,  that  is,  ShroTC- 
tnesday. 

L,  C,  j.  Ay,  they  call  it  so  in  tbose  places, 
because  it  is  the  even  of  the  fast  of  Ash- Wednes- 
day, the  beginning  of  Lent. — ^Well,  goon. 

BelL  We  went  away  on  Friday  the  next 
moraipg  on  our  jonmev  towards  Jadbrougfa, 
9&d  the  second  day,  which  was  Saturday,  in 
the  afternoon,  my  borse  tired,  whereupon  he 
left  me  with  my  horse,  and  took  the  man's  man 
aftke  house  where  he  left  me,  to  guide  him, 
for  my  hone  would  not  ride  up  with  him, 
being  tired,  and  he  resolving  to  go  on,  and  he 
bid  me  follow  himou  the  Sunday  morning  to 
Jadbrongh  town,  wbidi  I  did,  and  we  staid 
there  all  Sunday.  And  on  Monday  morning  1 
saw  him  take  horse,  and  another  man  that  was 
his  guide,  and  away  they  went,,  as  I  think,  he 
Mid  (awaitis  Dougus  he  was  goingi    And.he 


Kdd  me,  and  I  returned  again  from  bin  ts 
ewcastle,  and  left  him. 

jL  C.  /.  Phiy,  how  far  was  this?  yoo  ny 
you  went  with  him  to  Jadbronghy  bow  6r  dii- 
tant  is  that  ftom  Newcastle  ? 

Bell.   ToJadbrougb,mylord? 

L.C.J,   Yes. 

BelL   It  is  forty  miles,  my  lord. 

X.  C,  J,    How  near  Scotland  is  it  ? 

BeU.  It  is  within  some  six  miles  of  tks 
English  boixler. 

ju  C  /.  Did  you  see  him  at  any  tisie 
after  that? 

Bell,  I  saw  bun  at  bis  coming  back  agab^ 
being  at  Sheriflb's  house,  his  wife  asked  me,  if 
I  would  go  up  and  see  the  gentleman  that  I 
went  with  towards  Scotland :  so  I  went  op,  asd 
he  made  me  eat  and  drink  at  the  table  whh 
him. 

Att.  Gen,    What  name  did  he  go  by  ? 

BelL   He  went  by  the  name  of  Cleik. 

Att.  Gen.  Was  there  any  senrant  with  bim? 

Be//.  There  was  a  man  that  came  with  him 
as  a  servant  there,  and  was  all  that  time  at 
Newcastle,  that  he  was  gone  towards  Soothad, 
'till  be  came  back  again. 

X.  C.  J.  Mr.  Attorney,  Did  this  man  lei 
Smith  at  the  time  the  other  saw  him  ? 

BelL    Yes,  I  did. 

X.  C.  J.  And  is  that  the  man  that  weat  by 
the  name  of  Clerk  at  Newcairtle,  and  that  ;«■ 
went  with  towards  Scotland  ? 

BelL   Yes,  it  is. 

Atterbufyf  And  when  they  cbaiged  bia 
with  it,  Aaron  Smith  did  not  deny  it 

'  Att,  Gen.   IKd  you  go  any  by-road  to  get 
into  Scotland? 

BelL  No,  it  is  the  road  sentlemea  ussalif 
go  to  Jadbrougfa,  and  so  on  ;Decan8e  it  is  some- 
thing the  nearer  way  to  that  part  of  Soodanl, 
as  we  judge  it  to  be,  there^nne  gentlemen  fM  it 

Att.  Gen-    Is  it  an  high  open  read  ? 

Bell.  Yes,  it  is  the  high  open  way  to  that 
part  of  tiie  country. 

Att,  Gen.  My  lord  Howard,  P^y,  weretba 
namea  of  any  or  the  Scotchmen  mentioDed  tf 
your  meeting  that  were  to  bo  sent  for? 

Lord  Howard,  Yes ;  there  was  my  M 
Melvin,  sir  John  €k>ckram,  and  one  CsmpbdL 

Att.  Gen.  Now,  my  lord,  we  will  give  job 
an  account,  that  as  Smith  went  into  SoouDdy 
so  these  persons  soon  after  came  into  Engfani 

Juryman*  My  lord,  we  desire  that  my  M 
Howard  wonkl  name  thooe  Scotchmen  out 
were  to  come. 

Lord  Hothard.  There  was  my  lord  Mehis, 
sir  John  Gocknuui  and  one  Can^ibell,  one  that 
was  of  my  lord  Argyle*s  name  and  hunily ;  un 
there  was  another  name,  but  I  cannot  reniaDktf 
what  that  name  was. 

AtL  Gen.  We  shall  |;ive  yon  an  a»^ 
my  lord,  that  they  came  immediately  *^^ 
to  town ;  and  at  the  breaking  out  of  the  jsot 
they  absconded. 

L,  C,  J.  Mr.  Attorney,  Has  wq  kdB^^ 
ard  his  pardon  ? 

Ait.  Gen..  Yes»  my  loid,  be  baf. 


Ixffd  Howard.  I  caoMt  tell  but  they  ma j 
•sk  me  some  questums. 

Att,  Gen,  ^rhea  you  may  be  uncovered 
vfheo  they  ask  them,  in  the  mean  time  your 
rordship  may  be  covered.  Swear  sir  Andrew 
iFoater.  (Which  was  done.}  Pray,  $Hr,  will  you 
tell  my  lord  and  the  jury  wnat  you  know  about 
the  Campbells,  and  sir  John  Cockram's  being 
in  toWn.  Or  any  other  Scotchman  that  you 
know  of. 

Sir  A.  Foiter.  Hjr  lord,  I  did  seetbose  gen* 
tlemen  in  the  beginning  of  last  summer.  Sir 
John  Coekram,  and  Mr.  Monroe  and  Campbell 
tbe  son,  I  did  see,  but  the  lather  I  did  not,  but 
I  do  know  he  was  in  town,  though  I  saw  bkn 
not. 

AtL  Oen*  How  do  you  know  it? 

Sir  A.  Fatter.  I  had  messa^  from  them. 

L.  C.  /.  Sir  Andrew,  you  say,  you  saw  si 
John  Coekram  and  Monroe? 

Sir  A,  Foeter.  Yes. 

L.C.J.  Didyouseeany  body  else? 

Kr  A.  Foitet.  1  saw  sir  George  Campbell  the 


snr 


Att.  Oen.  What  became  of  them  upon  the 
discovery  of  the  plot  ? 

Sir  J.  Fottcr.  Sir  John  Coekram  did  ab- 
floond,  and  Mr.  Monroe  was  taken  into  custody. 

Att,  Gen.  What  became  of  the  others  ? 

Sir  A.  Foiter.  The  Campbells  were  both  in 
eustody. 

Att.  Gen*  Did  you  see  any  commission 
Ihey  had? 

Sir  A.  Fotter.  I  did  see  a  oommissuHi  that 
air  John  Coekram  had. 

Aft.  Gen.   What  was  it  Air  ? 

^  A.  Fotter.  To  make  a  nurchase  of  some 
plantations  beyond  sea,  I  think  it  was  Carolina. 

L.  C.  J.  Ay,  where  my  lord  Shaftesbury 
liad  an  interest. 

8irA.Foiter.  It  was  some  of  the  West  In* 
dies. 

Idxd  ^owar{L•  I  did  omit  that  passage,  my 
lord 


a077]       'iSTATE  TRIALS,  36  Cll ahlbs  \l  l6H.--fir  a  MUianeanor.       t H>7k 

X.  C.  J.   Then  your  lordsMp  may  be  co-    Serjeant  having  notice  of  diem,  had  beat  vkf 
▼ered.  their  quarters,  and  tht^  were  endeavouring  to 

escape  by  water ; .  but  they  were  catclied. 
There  was  sir  Hugh  CampMl,  and  Bayley 
and  sir  George  Campbdl,  and  some  others,  1 
know  not  the  names  of  them  all ;  tmlv  1  can- 
not tell  wbetiier  Monroe  was  not  another,  but 
sir  Hugh  Campbdl  I  had  in  my  custody,  «n4 
Bayley  was  immediately  committed  to  the 
Gatehouse ;  and  the  rest  of  the  gentlemen  | 
afterwards  took  in  a  canning  hSa  by  Moor- 
Fields,  in  a  bade  house.  And  when  I  cama 
there,  I  found  diem  lymg  on  the  bed.  m  tbe 
middle  of  the  day ;  and  had  thMi  prisoners  in 
my  custody  two  or  three  months ;  and  then 
they  were  all  sent  out  of  my  hands  into  Soot- 
hmd,  prisoners.  Six  of  them  there  were,  my 
lord,  that  i  saw.    ■ 

Att,  Gen.  We  have  done,  my  lofd,  only  we 
desire  that  a  word  of  record  may  be  read. 

Mr.  WUliame.  What  record  is  it.  Sir? 

AH.  Gen.  Of  cokmel  Sidney's  attainder. 

Mr.  WitUmnt,  My  kml,  we  shall  desire  your 
judgment,  whether  that  reioord  ougMto  be  read 
agamst  Mr.  Hampden ;  I  perceive  by  Mr.  At- 
torney, that  is  a  record  of  the  conviction  of  Mr. 
Sidney^  which  ought  not  to  be*|[iven  in  evidenoa 
against  Mr.  Hampden  upon  this  indictment. 

Att,  Gen.  We  make  use  of  it  to  shew  how 
upon  former  trials  upon  this  evidence,  verdicts 
have  gone. 

Mr.  Williamt,  We  are  in  ywaar  judgmentp 
my  lord,  jf  by  law  it  may  be  given  in  evidence 
against  Mr.  Hampden,  who  is  neither  part|r 
nor  privy  to  it,  nor'  indicted  for  the  same  of« 
fcyoe. 

Att.  Gon.  Let  it  atone  then. 

L.  C.  J.  Well,  Mr.  Altoniey  does  not  pr^is 
it.  What  say  you  to  it,  gentlemen,  for  the 
defendant? 

Mr.  Williatnt.  May  it  please  ywu  lordship, 
and  you  gentlemen  of  the  jurv,  I  am  of  coun- 
sel for  Mr.  Hampden,  the  demdant,  upon  this 
indictment  here  before  yon.  Tbiainoictment 
is  a  severe  indictment:  it  is  a  very  high  crime 
of  which  my  client  is  accused,  now  far  the 
evidence  tends  to  reach  it,  you  have  heard ;  and 
I  shall,  with  the  patienoe  of  the  court,  paiticu- 
larly  observe  it  to  you.  ^  But  1  sliall  first  speak 
to  the  indictment  itidf:  It  saya  that  Air. 
Hampden,  being  a  person  of  a  turbulent  di^« 
sifbn,  and  seditiously  intending  to  disturb  and 
diranietthe  king's  peace,  and  to  stir  sedition, 
and  to  bring  the  government  into  dang^,  did 
conspire,  &c.  As  to  this  matter,  gentlemen, 
there  is  no  manner  of  proof  of  what%e  indict* 
ment  charges,  as  to  the  disposition  of  the  per- 
son aocnsM;  nor  that  he  had  any  other  design, , 
than  what  my  brd  Howard  hath  now  sworn* 
Thenitsavs  further,  that  BIr.  Hampden  did 
consult  anooonspire  with  divers perMms  to  eie- 
ente  these  puiposea ;  and  particutorly  for  th« 
making  ana  raising  an  insurrection  in  the  king*- 
dom.  Thia  is  laid  as  the  particular  foct;  and 
forthis  purpose  he  dkl  ftuther  conspire  with 
several  pcnons  to  provide  arms  and  armed  mm : 
and  for  their  fulfiDing  of  thii,  ha  did  ^wtheK 


Att.  Gen,  Pray,  was  it  discoursed  then, 
what  should  be  the  blind  for  these  gentlemen 
that  were  notorious  dissenters,  that  they  should 
come  to  town  from  Scotland  about  ? 

ld»4  Uaaford.  It  was  to  carry  on  a  plantation 
in  Carolina.  The  Scotch  gentlemen  were 
peisonally  known  to  my  lord  Russell  only ;  and 
my  lord  RnsseU  was  to  write  theletter  to  them, 
and,  I  suppose,  did. 

Att.' Gen.  Mr.  Atteihnry,  What  do  you 
know  ofthese  Scotchmen  coming  to  town:  and 
what  became  of  them  afterwards  ? 

Atterbury.  My  lord,  about  the  beginning  of 
July,  4th,  5th  or  6th,  or  thereabouts,  I  had 
some  information.  That  there  were  some  Scotch 
gentlemen  that  had  been  shifting  up  and  down, 
and  at  that  time  were  about  BlacL>Ffiam,  lodged 
there  seeretly.  I  immediatdy  went  with  the 
king's  proclamation,  and  some  warrants  that  I 
kad  to  apprehend  some  traitorB  that  were  fled : 
amlwhaii  I  canaey  I  fond  that  Mr.  Common 


1079]    STAT£  TBJfcOJS,  ^Cuas|.E8  IL  l6^4.'^Trud  ^Mm  Bmfieii,   {tOlO 


cQiisiiIt  wiA  ^i^eml  peraons,  tli«t  some  persons 
«hottkl  be  seat  kilo^Soothuid  to  stir  up  the  )dng\ 
subjects  ia  Scotlaod,  to  a  c<mcuireDce  ajid  ocm- 
Jfioctiqa  with  aotne  people  ia  Eo^land,  about 
this  his  evil  design.  How  far  this  iodictment 
is  proved  upon  the  defrndant,  ffeotlemen,  is  the 
^peslioa  be^N»  you.  He  aas  pleaded  not 
ifuilW,  and  hopes  to  satisfy  you  he  is  not. 
<>eDUeniea,as  to  wliat  evidenoe  has  been  givea 
yon  80  fiur  as  it  is  positive  and  affirmative,  1 
mean  tht  testimony  of  niy  lord  Howard;  iu 
that  part,  if  is  imix>9tiUe  for  us  tliat.are  of 
cowwel  for  the  defeiidant  4ireedy  totxiotradict 
liim  with  prool^  or  lo  give  a  direct^  positive 

J|roof  in  answer  to  it;  I  say,  it  is  impossible 
or  us  to  contradict  him,  who  gives  such  a  po- 
aitive  evidence  of  lact.  .hy  the  evidence  of 
my  lord  Howard  he  tells  us,  there  were  six 
yersons-in  this  council,  as  be  is  pleased  tp  call 
them.  By  this  evidence,  three  of  the  six  are 
dead,  mv  lord  Ru>seII,.  coL  Sidney,  aud  the 
earl  of  Essex;  he  himself  is  the  hNirtb.  the 
defendant  the  fiilh,  wh<>  cantaptgive  eviuenee 
lor  himself;  and  the  duke  of  Monmouth,  who 
is  the  iiixth,  being  away,  there  is  nut  any  per- 
mn  in  beio^,  that  should  ountradict  my  lord 
Howard's  afiurmatire  in  this  part  of  bis  endenoe 
but  the  «luke  of  Mi)umouth«  whom  we  cannot 
Imvo  hesa,  since  by  the  evidence,  Bir.  Attor- 
ney ^iyeneral  oould  not  prevail  to  have  him  at 
this  trial ;  thereiure  proof  of  that  nature  can- 
^^  be  reasooablv  expected  iiom  my  client  to 
acquit  biuiseir  oy  a  pasitive  contradiction  dt 
ivhat  my  lord  Hotrard  has  sworn.  Then,  in 
this  case  we  must,  as  in  all  cases  where  a  per- 
son i\>!^s  swear  (lirectly  against  a  defendant, 
eatieavQur  to  satisfy  and  persuade  yom-  lord- 
abipaiid  tliejury,  upon  circumstances  arisiLg 
out  o1  rhis  tW't,  sud  further  circumstances  at- 
tending* the  fdct,  'I  lid  by  probable  arguments 
and  reasonabk  inductions  out  of  thfe  evidence, 
that  this  gentleman,  the  deteadan^  is  not  guilty 
of  what  be  is  charged  with. 

In  the  (irfit  place^  we  shall  observe  upon  the 
testimony  of  my  lord  Howard,  that  as  to  some 
things  be  is  very,  positive  and  particular:  he 
has  an  incomparable  memory,  and  speaks  par- 
tionlnriv  lo  persons,  partacubirly  to  places  and 
pnrticubrly  to  times.  But,  gentlemen,  as  to  that 
which  is  tiie  principal  part  of  his  evidence,  and 
which  most  affects  the  delendant,  and  wherein 
itcQn«%rns  us  to  contradict  or  disprove  him,  be 
is  wanting  as  to  th^  circumstance  of  time. 
Ue  that  is  so  exact  in  his  memory  as  to  other 
cii:Quiiistanci.>s,  is  not  positive,  nor  any  thing 
like  positive,  as  to  tlie  timea  of  the  meeting. 
For  they  would  imagine,  that  the  first  meeting 
the  detbnd&nt  was  couccnied  in,  was  at  his  own 
lu>iifi&  He.  describes  the  house  and  the  place 
very  exactly,  but  as  for  the  time,  lie  only  says 
it  was  about  the  middle  of  January :  he  carries 
other  thitlgb  in  his  menioiy  positively;  and< 
wheiher  it  might  not  be  expected  in  a  case  so- 
remarkable  as  this,  and  which. so  nearly  and 
iughly  concerned  himself,  that  he  should  be 
aa  paitioulsjr  in  the  time,  aa  he  is  in  other 
,joa  may.  rationally  judge.     HisioEd«- 


^p  sometimaa  ia  veiy  narticabr  as  to  litaiei 
he  telhi  you  in  his  relation  about  my  M 
Sbaflesbury,  that  his  aoing  ta  him  was  ea  the 
Saturday- ailer  Michadmaa  day ;  and  then  be 
pursues  it  to  the  second  and  third  of  Qelsber. 
He  is  positiie  to  many.. aeveral' days;  apsn 
which  I  would  observe,  that  he  beiBg  partica. 
lar  to  a  day,  as  to  other  thinga,  may  weH  he 
expected  to  be  ready  (if  it  be  true)  to  be  aspsr- 
ticular  as  to  the  tmae  of  this  meetin^f  :•  bit 
tberejua  he  ia  to  saeJr ;  he  ia  iloubttui  at  tetbn 
And  you  must  give  us  Icav^,  {pntlemtn,  to 
owke  this  obamratieB,  that  since  be  viil 
not  be  particular  to  that  time,  we  do  ap- 
prehend that  he  gives  himself  a  lilie  loaw; 
that  we  may  not  meet  with  him  to  ma^ 
tradict  him  in  that  circumstaaca:  Far  if  be 
should  be  positive  therein,  as  he  is  in  the  olbtr 
ii.atters  that  aoncem  not  the  defeadaal^  we 
might  perbapi  by  ohmr  pn^DantcinximiisiKei 
contradict^  if  not  disnrove  his  tosdahip,  that  it  is 
not  probable  (if  posBible|)  it  shonht  be  true  ifhet 
he  affirms.  But,  gentleiQen,  we  must  insver 
it  as  well  as  we  can ;  and  aince  he  is  so  cad- 
tiQus,  we  must  meet  him  hy  aignmentain  unk 
ther  way.  Another  things  we  should  obeent 
MPeu  my  ferd's  evidence,  is  thin;  that  aiy  M, 
iiio\igh  he  be  particular  as  to  many  Ms  lid 
things  relating  to  my  ferd  SbafiesbaJT,  irbne 
he  names  other  particular  penons,  I  duakeoL 
liiiinsey  and  Wak:ot,  and  names  thepavticuhr 
discourses,  paiticularly  instanoingi  la  tbsn, 
between  him  and  mv  lonl  of  Shaftesbury,  be- 
tween him  and  Waloot,  and  between  bin  and 
other  persons ;  yet  he  has  not  made  use  of  any 
one  circumstance  of  fact  in  this  case  of  tbeie- 
fendaut's  now  belbre  you,  that  does  joitify 
what  he  hath  said^  aavo  only  that  of  Asroa 
Smith ;  not  any  one  circmaatance  of  iact  So 
that  there  is  no  more  tliaii  the  bare  sabring  of 
what  my  lord  Howaid.is  pleaaed  to  debser,iM 
more  than  his  oath,  nay,  no  more  thsa  bis  ob- 
servation and  inference  of.  nmch  oC  vbat 
passed  in  the  company  of  several  persoss, 
without  any  concunmi^  circumstance  in  fM| 
lo  justify  or  oonfiim  his  testimony.  It  ongbl 
have  been  an  easy  matter,  if  aH  that  aiy  m 
Howard  says  was  true,  .that  there  waasiMba 
meeting  at  Mr.  Hampden's  house  by  seek  aotf 
such  persons,  to  prove,  thatauch  persons  or  some 
of  them,  met  ttiere.  But  that  there  shoold 
he  no  person  to  prove,  that  these  geadooieO) 
or  any  one  of  them,  met  there ;  .nor  any  otbei 
fact  or  circumstanee  ui  the  world,  to  g^^'f'^ 
with  my  lord  Howard  to  justify  biasasef**^ 
is  very  wandovlul,  and  may  u^  make  itdosbt- 
fhl  that  it  should  not  be  true:  and  therslbeiP, 
gentlemen,  (if  it  be  tiue,  aa  my  lord  ^^^^^"^ 
would  have,  il^)  beeauae  there  wes  a  socond 
meeting,  of  aU  these  pereona  at  my  lord  Bos- 
sell's^  which  was'SopublicandopeDapbee,  SB* 

Jietnoman-  to  oenonr  oc  ^  aldDg- aeth  iQf 
ord  Howand  in  any  one  thmgv;  no  particw 
iact  assignsdito  justify  .fan  testimopy'Sa-to  ivo 
meeting,  is  sirarge,  if  it  be  tme.  ^^^ 

ISO.  theut  gentleaaen,  then  ia  oe  MC.  ^^ 
what  my  knL  UiMriidihaa  sfmniy  witbett^^ 


Itm]        STATE  TRIALS^  3&C9  AfttBB  II.  ]fia4^*^  a  StliietiwnM.       [um 


.^atoiniunilAQitetalMick  it)  t»  prove  t|M&de- 
feadtnt  goilty.  >Iy  Ion),  t»liiDf  thb  upon  the 
.  fiHiiii  of  my  lord  Howard's  e?idenee,  it  will  be 
.jpEeHTbara  too  upon  tbe  «»t|ire  of  the  fact, 
thftt  lie  18  pleaaed  to  prove  against  this  gentle- 
naa,  to  make  an  aoswer  to  it:  And  trul^^,  I 
Ihiok  as  hard  ior  you  to  believe  it.  Seotlomen, 
lie  would  imagine,  that  there  should  be  lAeu 
mined,  weii  armed,  a  discourse  of  laoney,  and 
.Ibia  done  as  he  would  h&ve  it,  about  tbe  middle 
4if  January ;  and  yet  notjbing  at  all  done, 
tlMM^  there  appears  no  manner  of  discovery 
-of  this  very  coiitri^'auee,  till  about  J  uly .  Nei- 
ther is  there  any  thing  done  in  order  to  tlie 
misiDg  of  men,  tbe  arming  of  men,  or  the 
ieryiag  of  money  all  this  while.  80  that 
there  is  uo  one  tact  of  any  kind  wbaChoever, 
that  goes  along  with  what  my  lord  Howard 
has  said. 

:.  My  Jovd,  and  gondemeu,  another  Ihiog  we' 
would  desire  to  observe,  is  this,  and  here  we 
.shall  begin  with  what  we  have  to  say,  as  to 
•ur  owja  arff umeuts  and  cireiimstauoes,  that  we 
have  to  take  olf  koiA  the  testimony  cimy  lord 
H<Qwax4  in  this  caae :  In  the  first  place,  it  ap- 
:jfgtLT%  by -the  evidence  of  my  lord  Uowaro, 
iliat  he  waa  very  deep  in  a  conspuucy  against 
the  govemnMDt,  and  to  make  a  dbturbance  in 
thelungdom^  long  before  this  that  he  now 
■peolrw  of  against  the  defendant,  that  is  pkin 
«MHigfa,for  hcrteUa  y«u,  thaa  my  lovdof  Shaftes- 
bury and  he,  at  Michaelmas,  were  contrcving 
lalprpjacts  to  overturn  the  government,  and  raise 
a  rebellion.  It  appears  plainly  by  his  endeoce, 
Jthat  my  hard.  Shaftesbury,  when  he  kfi  his 
hause  was  reaolved  dpon  it,  and  my  lord 
Howard  was  very  aoiicttous  to  carry  on  the 
same  design  ;  nay,,  he  was  so  active  in  it,  that 
he  tetis-you,  thM  be  did  create  messages  be- 
tween my  lord  of  Shaitesbury  and  tbe  duke 
oi'  Monmouth,  and  would  needs  go  by  a  false 
Insito nation  oB  his  own,  to  doaw  in  the  duke  of 
Monmouth,  by  tsellinghis  grace,-  bis  infbrnsa- 
tioB  he  had  from  Walcot,  and  not  saying  he 
came  from  my  loi'd-ShaAeabury,  with  whom  he 
aays  he  had  been  discoursing ;  but  he  would 
put  it  under  some  sort  of  disguise,  the  better  to 
prevail.  Ho  that  it  appears  my  lord  was  very 
faiminal  and -guilty,  in  thiircase.  Why  then, 
gentlemen,  py  lord  being  so  highly  criminal, 
and  them  being  a  discovery  of  this  conspiracy 
hj  Keeling  lukd  Rumsey,  and  West  baTing 
Made  a-more  manifest disoovery,  and  this  bap- 
neninff  in  July  :  Then  it  was  lugk  time  my 
R»rd  Howavd  roiglu  conceive  for  hini  to  secure 
himseM-^  aid*,  save  one,  h^  being  thus  guilty, 
as  he  declares :  It  is  but  reasonable  to  conjec- 
ture, ha  then  began  to  place  his  security  In  a 
pankM ;  and  that  there  were  no  other  means 
t^  save  his  life,  and  that  the  way  to  it  must  be 
by  !jone  farther  discovery  of  a  conspiracy 
against  bia  ini^esty  and'the  government;  And 
Iwving  sinMahlained  a  pardon,  it  is  agreeable, 
l|jat  wlMlBoevier  my  lord  Moward  baa  done  in 
^iacase^  he  baa  dona  for  bis  own  sake,  to 
puncbase  his  ovm  pardon,  fbr  a  traasoii  he  was 
9g»  dMjp'i^  y  aad4a<out-do  all  th»  witnoaca  that 


w»nt  beive  him,  bv  iMh  teatimalnr  w^timt 
the  ddendant  and  others :  This  might  iadine 
him  to  go  an  inch  or  two,  or  more,  beyand 
tbe  dtscorery  of  Keeling,  Weat,  wad  Rumsey; 
to  have  but  said  the  same  thing  Uiat  vna  proVed 
by  three  or  four  witnesses  before  Um,  migfat 
not  perhaps  have  availed  him :  May  not  the 
indifferent  believe  it  in  this  case,  to  be  tbe  in- 
terest and  aeourity  of  my  kird  Howard,  by 
these  means  to  merit  his  pardon  ?  May  it  not 
be  believable,  that  what  he  halh  said,  he  hath 
said  only  for  his  own  sake,  and  that  he  has  by 
exposing  this  gentleman,  and  tbe  blood  of 
others,  procured  himself  a  pardon  ? 

X.  C,  J.  What  do  yon  meaa  by  that,  Mr^ 
Williams  ? 

Mr.  Williams,  By-  being  a  witness  against 
tbe  defendant  and  others,  he  has  pracund  hia 
own  pardon. 

X.  C.  /.   Thatisalittle  hardi  eaqNtsaian-^ 

Mr.  Williams.  My  lord,  I  explain  myself 
thus— 

L.  C.  J,  It  is  an  harsh  word  and  (00  raundly 
expressed  ;  you  had  need  to  explain  yom'saU^ 
it  is  a  iitUe  too  rank,  as  thoucfh  the  king^ 
pardon  were  to  be  procured  by  blood. 

Mr.  Wiilifimu  My  lord,  I  intend  Boilhing  «f 
hardship  «r  amiss,  but  to  sneak  accor^gia 
my  instrucdons,  and  to  naaae  tbe  best  ahoap 
vationsi  can,  out  of  tbe  evidetioe  of  my  dicnt: 
I  will  eirpvess^myself  as  well  as  I  can,  that'my 
lord  Howard  being  a  witueas  against  men  in  a 
case  of  this  high  nature ;  aad  there  being  othet- 
witnesses  before,  and  besides  himself  to  tha 
diaoovery  of  tlia  late  conspkraoy  against  the 
government,  it  concerned  bmi  to  give  an  hoaie 
evidence  in  tbe  case,  or  else  be  could  not  have 
any  nrpectation  of  bis  pafdon :  For  if  he  had 
done  no  more  thaa  what  othera  had  done  beibve 
him,  when  there  were  three  witneases  besides^ 
and  they  bad  got  tbe  start  in  the  discovery,  hia 
discovery  hadheen  in  vain;  andtherelbrelie 
was  concerned  borhaps  to  strain,  that  he  might 
make  such  a  discovery  as  might  answerliia 
end' ;  and  this  will  arise  naturally,  I  suppose, 
out  of  what  has  happened  in  this  case:  For  it 
seems,  though  it  was  something  long  before 
he  got  his  pardon,  now  he  baa  it.  My  lord, 
anottier  thing  is  this.  How  fiur  my  lord  How* 
ard  will  be  credited  in  this  matter ;  we  shall 
kMive  his  credit  to  you,  geodenen,  upon  what 
we  shall  prove.  For  we  shall  Aiake  it  out  by 
persona  or  n^eat  honour,  and  perM>na  of  great 
integrity,  mat  vpon  discoume  concerning  thni 
conspiracy,  my  lord  Howard  did  declare,  that 
be  knew  of  no  persons  that  wera  guilty  of 
having  any  hand  in  it ;  he  declared  it  upon  hia 
honour,  he  declared  it  upon  hia  nebgioUf  and 
he  used  all  the  aaseverations  that  were  possible 
fbr  a  man  to  oflerto  malm  himself  beberedl 

My  lord,  it  may  be  objected,  aa  it  baa  been 
sometimes,  that  that  was  t»  out^-liEuie  the  oon« 
spiracy,  and  so  stop  tbe  pnaeaution  of  what  he 
knew  himself  to  be  guiky  of:  Biit?  however, 
thqs  ibr  we  may  make  use'  oil  it  for  the  de- 
fendant^ that  if  my  lord  Howard  u«hild  in  th» 
of  tteamu,  pawn*  hia  hapajiy  hj^lniai^ 


i079]     STATEIUAIS,  3€CilU[.saU.  l6&i.~Triai^Mm 


tronsuil  with  serei'a)  persoan,  tliiit  some  persons 
«bould  besent  inlo  tM-olkOil  tosiir  upthc  kii:);'* 
■ulijek'ts  in  tjcollauil,  to  a  coDcuireiicc  and  cun- 
junctioo  with  boiih-  pF<>|i)e  ia  En'^aotl,  alwut 
lliis  hia  evil  daiiKii.  Uuw  lar  tins  iuilicuiicnt 
is  (irOTRtl  utmn  the  ilefrodnTit,  ^nllejuen,  is  the 
question  bcti>ie  yuu.  H<;  hits  pleuiled  uM 
fTuiltv,  and  hopoa  to  sillily  yuu  he  is  net. 
Vunuemen,  aa  to  what  evidcace  has  ^eea  given 
yca»  so  for  as  it  ia  positive  and  aitirmative,  I 
ueau  tlw  testimony  of  luy  lord  Howard;  in 
that  part,  it  ia  iin|iotwi|itf  for  us  that. are  of 
coansel  for  the  detbo^I  directly  tocootFodict 
bim  with  pruof,  or  to  f()ve  a  uirpct  pontive 
proof  ia  answer  to  it;  1  say,  it  ia  impomblc 
ibr  us  to  criDtruiiot  hiiu,  who  t^ves such  a  po- 
sitive evidence  of  fiui,  .By  the  evideoce  r 
my  lord  Hoiruil  he  telh  ui,  ihorc  were 
peraouH  in  this  council,  a«  be  ia  pleased  V 
them.  By  tiiia  etMeuce,  (brae  of  iJie 
dca^  my  lord  ltu'-«-ll,  coL  ^dney,  , 
earl  ol  Kasex ;  he  hiituelf  is  the  f  -  .or if 
detmbat  the  fiftii,  wh  >  cannot  i^'r  ^\  waa 
tiir  hiuiaclf }  Mid  the  duke  1^  Hi'  ^dnJiand 
is  tlie  htxtli,  Wmg  aiv&y,  liiare  .,  Wiall  have 
son  in  livinsf,  tlut  shuiiid 
Huward'diillirnialiveiailiia  ,'" 
hm  tha  dulie  ot  Mu.xuoa-y''^'' 
kave  hue,  since  t.y  tli*  ;.  '■^Jlari,  it  did  not 
ne^-Uuiend  could  do'  ./i^ofcolanel Sidney, 
'■•■-  *-■-'  ;  iherotijrt  v^^^Jw*!  •*•■*  *"/  '""^ 
--  li'lv  ■  '-'J^Tc^ottel  Sitoey  Ind 
:.^ia.  ||'  fi  .i*  ^ji  be  proved  by  wit- 
lurU  '  ^r  to  be  presumed,  he 
ui'  J-  .,•1'"  tiis  o™"  lestinMDjr, 

»'  ,  tnoir'n?  of,  thaa  of  any 

f  . ,  ,,  (i  I  triai.  Now,  how  tbu 
!'  ^  ■„,, ;  [r  can  solve  tilia,  and  how 
■^'  '■  ;  ^.  oaih,  and  his  honour;  I 
.--;  •'"  i.i.r.  ..■entlenten,  to  judge  of  it 
'  '  '  :  (her  matter  to  say,  that 
have  very  great  weight: 


cm 

.^p  fcometimaa  ii  very  pailrv^  Al  it  liO  At 
he  tells  you  iji  hia  i^'/  f  Tnhr,bk 
Kbalteabury,  that  bi«  ^'i,  ^  jbooU  tail  ikl 
Saturday  after  Michf.'//  '  To  teiti^  At 
purmiesidollietr/'//  Af of evay UoBt 
lie  ia  poeitiie  >".'>-    itcn  have  died  ftr  the 

Ur  Id  a  day,  '     ///    fftfortbetnitb.    N«w, 
ipected  ir  '', ,   ■/ /    «■  that  any  n 


ticttlara''. 

.'./  .wi.7chi7V 

Iheroo       ,, 

''-     true  teatimony 

And  ■ 

^d  suppon  the 

»•> 


/^inuJid 


>iir!icirilhav«Ty  great  in- 
' ''"  man  being  sp^tking  of 


t'      ^^^,D(vii7ii:,  &|«akiiwof  etcrni^,  spcait- 

^'^ginuoartalit^of tfiesoul,  speekintrof 

^'^^^[tbaod  ptmishmeDts  of  anotho'  life; 

^^pj  Howard  should  tay   to  him,  •  How 

*^  iriit  thou  persist  in  this  folly  f  How  limg 

'■j,  ihou  be  BO  foolishly  prevailed  npon,  ae 

,'((1  bflievo  the  world  was  ever  made,  or  will 

,'«!«■  I""'*  ^*''*'^  ^"i  iord^ifapemonbeof 

f(„t  opinion,  (and  a  pian'ajadgment  inaucb 

,],iiigsivilldiscDver  ilsdf  in  bis  words)  how  hx 

tbe  testimony  of  a  man  of  that  persuasioD  shall 

joaucQce  a  jury  when  he  stands  sin^,  when 

there  is  no  tact  to  justify  him,  in  point  of  pro- 

[oble  circumstance,  wiU  be  easily  oboervabte, 

and  I  must  leave  it  to  tbe  gentlemen  of  the 

jury  to  consider. 

My  lord,  we  have  another  saying  of  my 
bird  Howard's,  whidi  we  shall  give  you  an 
account  of  in  tbe  pioofs,  and  that  naa  in  rela- 
tion to  bis  pardon.  Being  free  in  discourse, 
aa  my  lord  ia  a  man  very  liboral  tliaf  way,  and 
h>*  fiiend  enqtiiting  whether  be  had  hia  pudm : 


.alhertobe  taken  m  thiiBnK,ail» 

,  that  be  did  strain  a  little  to  ntlke  ^ 

ety  the  more  profitable  to  him;  nJM 

jsay  more  (so  far  I  may  safely  go)  Ihu  uy 

je  else  did  say.     And,  my  lord,  this  b  Iktf 

that  1  nonld  observe  ujiou  tbe  first  part  of  tk 

As  for  that  part  that  oottoems  Aaron  SmjA, 
the  evidence  given  hy  SberiSe  and  Bdl,  1  wit- 
mit  that  to  your  lordship,  bow  ftr  that  eaa  u^ 
way  affect  Mr.  Hampden  the  defendant  III 
introduced  to  fort^  tlie  testiinoDy  af  tn;  M 
Howsrd,  and  it  is  introduced  by  bknself  tbai: 
That  at  their  meeting  al  Hr.  Hampden's  boiM^ 


badftoi 

meeting  at  my  lord  RusselT'a 

farther  di 

dertaketc 


xi»k 


Sidnndidn- 

send  thitlier;  imI 

a  person  was  named  ;  he  does  not  ny  Kr. 
Hampden  was  ooooemed  in  it,  or  tbai  Vr, 
Hampden  named  the  man,  tv  any  thing  paiti- 
cular  as  to  Mr.  Hampden,  mi>re  than  taatbe 
was  in  the  company.  Mr.  Hamjidenbadss 
hand  In  the  uodertsking,  or  aettdu^  kin  >*■* 
Scotland;  that  wasshi^^etbertbeMrtor  Ur. 
Sidney,  save  this,  thai  he  says  mv  WBbnJ 
writ  the  letter  that  was  Itt  go  by  bim.  Itdow 
not  appmr  Hr.  Hampden  was  at  all  noccnM 
in  it,  but  oidy  was  there. 

L.  C.  J.  And  oonsenled  to  it.    - 

Mr.  WiUiamM.  I  vrouU  not  stiain  aoy  tbisg, 
my  Iwd,  liirther  than  the  evidence  is. 

X  C.J,  NordonotDiisrepealitMithcr. 

Mr,  WHluata.  I  design  not  any  sack  Hang, 
my  lord. 

£.  C.  3,  But  you  do  tbougb  \  for  he  »w«r» 
it,  every  one  of  them  consented. 

Mr.  Wiiliamt.  By  silence  it  most  kett* 
For  he  does  not  say,  that  he  said  any  tmif- 
He  aweais  only  colonel  Sidney  undoW  » 
manage  it,  to  send  a  person;  andmylordBi* 
sell  lo  writa  the  letter. 

L.C3.  And  all  the  rest  cwsMiledUrt- 

Mr.  ffi/iianu.  What  is  mcwit  by  coos* 
when  nothing  was  said,  I  must  leave  to  ttj 
jury.  I  must  agree,. the  Iwd  Howard  4* 
a  wear,  that  my  client  waa  in  thar  company,  W 
how  farhedi'd,  or  did  not  consait,  *>«  *"  " 
^pear,  and  how  fer  this  will  (:i>"^ "' 
nl,  1  must  leave  10  y«o,  gentlemai.  B* 
the  proof,  as  to  this  matter,  stands  d»»l  »| 


^       STATE  TRIALS,  SS  Cbaeibs 

^^be  went  ptiblidy^     Now,  my  lord 
'^^  ys,  that  he  went  to  agitate  a  confe- 

^^  ^  the  malecoDtents  of  Scotland, 

^^t^  ^land.   .Now  it  is  strange,  that 

^    ^^  to  agitate  snch  a  oonoern, 

^%'    ^t,  **h  a  genrant  to  Newcastle; 

►^^^^  ^IL^  -^wn again;   and  of  his 

^  ^  was  going  to  such  a 

**  it  so  in  fact,  will 

'*ig  was  done  be- 

^  about  a  con- 

HI  any  man 

ad  of  rate, 

ud  tell  whither 

^  ^    %  \  ^^^^  '^^^  ^^^  ^  point 

u   ->^ '  ^  -^  ^^"^^z  **^®^  J®*»  ^*  Aaron 

% ..  ^<    \  \^  .    That  he  came  within 

V^^.  ^  ♦  ..TS  of  Scotland,  is  proved ; 

.    ^  ^    ^  jd  he  was  in  ScoUana,  or  did 

^  \J^  aspiracy  there ;  or  did  any  thing 

r  ^  go  within  six  miles  of  the  borders  of 

^  .(1.     But  then  they  would  press  it  fur- 

.,  and  they  saj,  that  there  were  some  Scotch 
^"jntlemeD,  that  m  the  summer  came  hex«  into 
Sngland,  and  that  they  hid  themselves  when 
the  plot  was  discovered.  It  does  not  appear 
my  client  had  any  conversation  with  tnese 
Scotch  gentlemen,  or  any  of  them,  or  was  ever 
io  their  company.  It  is  a  very  remote  infe- 
icDce  to  bring  any  thing  of  this  to  affect  my 
dient  in  this liigfa  charge. 

My  lord,  we  shall  add  one  thing  more  to  dis- 
prove that  part  of  the  Indictment,  that  lays  ibs 
imputation  of  turbulency  and  sedition  to  the 
charge  of  Mr.  Hampden  ;  and  whidi  also  wOl 
«hew  the  improbability  of  his  being  concerned 
in  any  thing  of  this  nature.  We  Ishall  prove 
him  to  be  a  person  of  a  sober  conversation,  of  a 
retired  life,  and  studious  disposition ;  and  as  an 
evidence  for  the  defendant,  we  shall  prove,  that 
he  in  October  1680,  left  England  for  his 
health's  sake,  and  went  into  France  for  the  re- 
covery of  his  health.  He  continued  there  till 
about  Michaelmas  was  twelve-month,  then  he 
retamed.  It  is  true,  he  continued  in  England, 
fiom  Michaelmas  to  the  time  they  speak  of; 
but  we  shall  make  it  plain,  that  in  February, 
my  client,  and  my  lord  illontagut'  had  adjusted 
matters  between  themselves,  to  go  the  begin- 
ning of  summer  again  into  France,  there  to 
continue  and  abide  some  time  for  their  healths. 
Here  is  a  strange  kind  of  imagination,  that  this 
contrivance  between  my  lord  Howard  and  my 
lord  Shaftesbury,  that  was  going  on  before  this 
time,  and  that  was  disappomted,  and  my  lord 
flbaftesbnry  went  away,  and  afterwards  £ed  in 
Holfa^,  was  taken  up  by  my  client,  and  tiios^ 
olhi^' persons,  when  my  client,  as  we  shall 
Mve^  never  intended  to  stay  in  Engtand.  My 
lird,  he  was  a  parliament  man  in  both  the  last 
Morliahnenti,  hnt  appeared  in  neither  of  theni^ 
mmf  all  the  while  m  France  for  the  recovery 
of  his  health.  We  shall  prove  him  to  he  one 
fUdiottsly  incVned,  that  he  lived  a  retired  life, 
'  and  kept  very  little  or  no  company ;  and  you 
will  hear  mm  persons  of  very  great  honour 
and.  quality,  thai  be  is,  as  to  his  person^  a^d  at 


II.  i€%4f^fot  a  Misdemeanor.         [I08ff 

■ 

to  his  opinion ;  and  then  we  sh^  submit  it  to 
you,  gentlemen  of  the  juryt  whether  you  can 
believe  him  guil^  of  this  ne  is  charged  with, 
which  is  your  issue.  You  are  to  try,  whetlier 
he  be  Guilty,  or  Not  Guilty,  of  the  crima 
charged,  in  tfie  Indictment. 

Mr.  Wallop,  My  lord,  and  gentiemenof  tha 
jury,  I  desire  to  make  one  observation  before 
we  call  our  witnessies.  •  ^ 

L.  C.  J.  Pray  do  not  take  Up  our  time  alto- 
gether in  speeches,  but  go  on  to  your  evidence. 

Mr.  Wallop.  I  desire  to  observe  hoi'  on«- 
thing,  my  lord. 

X.  C.  J.  Make  your  observations  at  hutt,  but 
spend  not  our  time  in  speeches.  I  know  you 
will  expect  to  be  heard  at  last,  and  so  you 
shall,  whatever  you  will  say. 

Mr.  Williams,  Call  the  earl  of  Angles^,  tha 
lord  of  Clare,  and  lord  Paget,  Mr.  Docas. 

{Who  appearing  was  sw<Nm.^  Now  we  hav» 
iim  here  we  must  begin  with  him,  my  l<n^. 
Mr.  Duces,  pray  what  did  yon  hear  my  lord 
Hoi»ard  say  at  any  tirocconoemin^  this  con- 
spiracy, and  who  were  concerned  m  it,  and 
who  were  not  ? 

Mr.  Duau^  My  lord  Howard  came  once  to 
the  house  of  colonel  Sidney,  I  believe  it  waa 
about  eight  days  after  the  imprisonment  of  co- 
lonel Sidney;  and  when  he  was  in  the  house, 
I  asked  him,  What  is  the  matter,  my  lord  ?  He  . 
did  answer  me,  he  was  told  there  was  a  plot 
against  the  king  and  tiie  duke,  and  one  general 
inaurrection  to  be  made,  and  that  colonel  Sid- 
ney seiit  a  man  into  Scotland,  to  which  thing 
my  lord  Howard  sware,  l^iying  his  hand  on  his 
breast,  saying,  *  God  knows  all  things,  and 

*  God  knows  1  know  jiothing  of  that;  and  I  am 

*  sure  il* colonel  Sidney  had  known  any  things- 
<  he  would  tell  me ;'  and  1  said,  what  is  the 
matter,  my  lord?  Are  you  afraid?  And  he 
made  answer  to  me, '  No  honest  man  is  safe  in 

*  his  own  house,  I  pray  you  lend  me  a  bed  to 

*  lie  in.'  And  he  asked  me  about  the  goods 
of  colonel  Sidney,  because  of  the  plot  and  such 
things,  and  he  desired  to  have  them  removed  to^ 
his  house ;  and  he  said,-  rather  than  go  to  tho. 
Tower  be  would  do  any  tiling. 

Mr.  Williams.  Speak  a^m  to  the  jury  thai 
did  not  hear  you,  what  said  my  lord  Howard 
to  you? 

Vucat.  He  said,  rather  than  to  be  a  prisoner, 
again  he  would  do  any  thing. 

Mr.  Williams,  Whp  to  be  a  prisoner  again  ? 

Ducai»  My  lord  Howard. 

Att,  Gen.  What  things  were  spoken  of? 

Ducat.  He  said  he  would  do  any  thing. 

Mr.  Williami.  Were  you  speakmg  of  the^ 
conspiracy?  Of  the  plot? 

ifucas.  He  speka  of  the  plot,  and  seid  ho> 
knew  nothing  or  it. 

Mr.  WiUimmi,  What  did  he  say,  l%r  ? 

Ducoi.  He  said  to  me  and  swore,  he  Joww 
nothing  of  it,  and  called  God  to  witness. 

Mr.  WUliams.  Pray,  did  he  tiien  aay  ha 
would  do  any  thing  rather  than  go  to  the. 
Tower,  when  yon  wert  talluog  of  th^  plot  ii|4} 
conspiia^? 


1083]      STATE  TRIALS.  5$<:haele$  II.  IjSS^Lr^THal ^  Jokn  Hmfim,    [im 


liis  oonsaenoe*  tod  his  religiaD,  to  assert  diat 
which  was  not  true,  and  uwler  all  those  tows 
and  eoflmements  affirm  an  untruth ;  ftmao  that 
would  deal  so,  and  speak  an  untruth  with  that 
solemnity,  I  think,  is  not  a  person  of  the  same 
credit,  as  a  person  of  certain  known  truth  and 
▼eracity.  For  if  a  roan  ViH  say  one  thing  one 
time,  and  that  with  solemn  vows  add  assevera- 
tions, and  swear  another  thing  quite  the  con- 
trary another  time,  he  does  not  stand  so  fair 
Ibr  credit,  I  think,  as  he  that  always  main- 
tains, and  avows  the  truth.  So  tar  we  may 
make  use  of  it  very  safely,  1  think,  as  to  my 
lord's  credit. 

My  lord,  another  matter  that  we  have  to 
urffe^  is,  that  since  the  trial  of  my  lord  Russdl, 
and  since  the  trial  of  colonel  Sidney,  my  lord 
Howard  has  in  discourse  owned,  that  my  lord 
Russell  died  innocent.     If  that  be  true,  it  will 
have  a  great  weight  suoe  with  yon,  genUemen, 
to  discredit  my  lord's  testimony :  For  then  he 
hath  contradicted  what  he  hath  sworn.     For  if 
my  lord  swor^,   that  my  h>rd  Russell  was 
gwlty,  as  all  the  world  knows  he  did;  and 
afterwards  soberly,  and  oublicly,  shall  have 
said  he  died  innocent,  he  has  contradicted  his 
own  evidence,  and  his  own  oath ;  and  sure  is 
not  to  be  believed  as  to  what  he  swears  now 
•gainst  the  defendant.    Mv  lord,  it  did  not 
Mt  there ;  but  since  the  trial  of  colonel  Sidney, 
it  will  be  proved  by  witnesses ;  that  my  lord 
Howard  did  declare  that  colonel  Sidney  had 
hard  measure.    This  will  be  proved  by  wit- 
nesses ;  and  it  is  rather  to  be  presumed,  he 
meant  hard  measure  as  to  his  own  testimony, 
which' he  was  best  knowing  of,  thsA  of  any 
thing  else  as  to  his  trid.     Now,  how  thu 
person  of  great  honour  can  solve  this,  and  how 
It  can  stand  with  his  oath,  and  his  honour ;  I 
vHll  leave  it  to  you,  gentlemen,  to  judge  of  it 
My  k)rd,  I  have  another  matter  to  say,  that 
with  me  seems  to  have  very  great  weight: 
Mj  lord  Howard,  upon  some  occasions  has 
said,  beinff  in  discourse  with  a  very  great  in* 
timate  of  nis,  and  the  man  being  spring  of 
the  world  to  come,  speaking  of  eternity,  speak- 
ing of  the  immortaii^  of  the  soul,  speaking  of 
the  rewards  and  punishments  of  another  Kfe ; 
my  lord  Howard  should  say  to  him,  *  How 

*  long  wilt  thou  persist  in  this  folly  P  How  long 

*  wilt  thou  be  so  foolishly  prevaded  upon,  as 

*  to  believe  the  world  was  ever  made,  or  will 
<  ever  have  an  end?<  My  lord^  if  a  penion  be  of 
that  opinion,  (and  a  paan's  judgment  in  such 
things  will  discover  itedf  in  his  words)  how  hr 
the  testimony  of  a  man  of  that  nersuasion  shall 
Influence  a  jury  when  he  stanas  sin^,  when 
there  is  no  fact  to  justify  him,  in  point  of  pro* 
bahle  circumstance,  vriU  be  easily  observable, 
and  I  must  leave  it  to  the  gentlemen  of  the 
jury  to  consider. 

My  lord,  we  have  another  saying  of  my ' 
lord  uowanl's,  which  we  shall  give  yon  an 
account  of  in  the  proofs,  and  that  was  m  rela- 
tion to  his  pardon.  Being  free  in  discourse, 
as  my  lord  is  a  man  very  liberal  tlia£  way,  and 
^  friedd  enquiriiig  whether  he  had  his  pardon : 


'^o,'  says  he«  <  nor  I  camiot  have  it  till  Ae 
*  drudgery  of  swearing  beover.*  Tndy,  hh 
a  very  odd  thing,  that  a  man  should  call  tbit 
drudgery,  that  is  his  duty.  To  testify  the 
the  truth,  is  as  much  the  duty  of  every  booest 
man,  as  any  thmg  dse.  Men  havedied  ibr  the 
troth,  and  welouc  upon  those  as  martyn,  aad 
thebestof  martyrs  that  di&ibr  tbetruth.  Nov, 
that  this  nobie'lord,  or  that  any  maa  should 
call  this  a  drudgery,  which  is  so  maoiibta 
duty,  by  giving  a  true  testimony  to  preimt 
the  king^s  life,  and. support  the  govemment 
againit  the  oontnvance  and  oonspirades  «f 
evil  men,  is  but  an  odd  insinuation,  and  trolj 
I  think  IS  rather  to  be  taken  in  this  sense,  as  to 
iny  lord,  that  he  did  strain  a  little  to  make  fail 
discovety  the  more  profitaUe  to  him;  and  ss 
did  say  more  (so  far  t  may  safely  go)  Uian  soy 
one  cue  did  sav.  And,  my  lord,  this  is  that 
that  I  would  observe  upon  the  first  part  of  tht 
evidence. 

As  for  that  part  that  ooooems  Aaron  Smith, 
the  evidence  given  by  Sherifiie  and  Bell,  I  tab> 
mit  that  to  your  lordship,  how  far  that  cm  «o^ 
way  afiect  Mr.  Hampden  the  defendant    It  n 
introduced  to  fortify  the  testimony  of  my  hxi 
Howard,  and  it  is  introduced  by  bimsetfthsi : 
That  at  their  meeting  at  Mr.  Ham^en's  hooR^ 
there  was  a  discourse  ofsomeaasutanoe  to  be 
had  from  Sootbnd ;  but  savs  be,  at  the  second 
meeting  at  my  lord  Rusoelrs,  then  it  came  to  a 
further  discourse,  and  colonel  Sidney  did  un- 
dertake to  name  a  person  to  send  tbitiier;  aad 
a  person  was  nAmed ;   he  does  not  say  Mr. 
Hampden  was  concerned  in  it,  or  that  Mr. 
Hampden  named  the  man,  or  any  thing  parti- 
cular as  to  Mr.  Hampden^  more  than  that  bo 
was  in  the  company.     Mr.  Hampden  had  do 
hand  in  the  undertaking,  or  sending  him  into 
Scotland  ;  that  was  altogether  the  wt  of  Mr. 
Sidney,  save  this,  that  he  says  mv  lord  BoaMll 
writ  the  letter  that  was  to  go  by  nim.    It  docs 
not  appear  Mr.  Hampden  was  at  all  coDoened 
in  it,  out  only  was  there. 
L.  C.  X  And  consented  to  it.    - 
Mr.  WilUami,  I  would  not  strain  any  tbingi 
my  lord,  further  than  the  evvlence  is. 
L.  C.  J.  Nor  do  not  misrepeat  it  neitbor. 
Mr.  Williams.  I  design  not  any  such  thiogf, 
my  lord. 

L.  C.  J.  But  you  do  though ;  for  he  swaan 
it,  every  one  of  tnem  consented. 

Mr.  William,   Py  silence  it  must  be  then. 
For  he  does  not  say,  Uiat  he  said  any  Ihinf  • 
He  swears  only  colonel  Sidney  undertook  to 
manage  it,  to  send  a  person ;  andmy  lord  Rua- 
sell  to  write  the  letter. 
X.  C.  J.  And  all  the  rest  consented  to  it 
Mr.  William,   What  is  meant  by  conoot, 
when  nothii^  was  said,  I  must  leave  to  w 
jury.     I  must  agree,, the  lord  Howsid  Ad 
swear,  that  my  cli^t  was  in  their  oompaDyybat 
how  far  he  diil,  or  dkl  not  consent,  doe>  not  at 
all  appear,  and  how  fkr  this  will  ^^'^''^^ 
client,  I  must  leave  to  yon,  gentlemen.    Bw 
the  proof,  as  to  this  matter,  stands  thus;  that 
Aaron  Smith  was  at  Newoastle,  ia  Fchi«i7 


dient  in  this  liigfa  eharffe. 

My  lord,  we  shall  ada  one  thing  more  to  dis- 
jpro?e  that  part  of  the  Indictment,  that  lays  the 
imputation  of  turbulency  and  sedition  to  the 
charge  of  Mr.  Hainpden  ;  and  which  also  wOl 
^ew  the  improbability  of  his  being  concerned 
in  any  thing  of  this  nature..  We  tehall  prove 
him  to  be  a  person  of  a  sober  conversation,  of  a 
retired  life,  and  studious  disposition ;  and  as  an 
evidence  for  the  defendant,  we  shall  prove,  that 
he  in  October  1680,  left  England  for  his 
health's  sake,  and  went  into  France  for  the  re- 
covery of  his  health.  He  continued  there  till 
about  Michaelmas  was  twelve-month,  then  he 
returned.  It  is  true,  he  continued  in  En^and, 
from  Michaelmas  to  the  time  they  speak  of; 
buf  we  shall  make  it  plain,  tiiat  in  February, 
my  client,  and  my  lord  Montague  had  adjusted 
matters  between  themselves,  to  go  the  begin  ^ 
lUDg  of  summer  again  into  France,  there  to 
continue  and  abide  some  time  for  their  healths. 
Here  is  a  strange  kind  of  imaginauon,  that  this 
contrivance  between  my  lord  If  oward  and  ray 
lord  Shaftesbury,  that  was  ^ine  on  before  this 
time,  and  that  was  disappomted,  and  my  lord 
fimfteslHuy  went  away,  and  afterwards  med  in 
Holfa^,  was  taken  up  by  my  client,  and  Uios^ 
otbii^' persons,  when  my  client,  as  we  shall 
jifive,  never  intended  to  stay  in  England.  My 
lavd,  he  was  a  parliament  man  in  both  the  last 
pttrlttinents,  but  appeared  in  neither  of  them^ 
Min^  all  the  while  in  France  for  the  recovery 
cf  his  health.  We  shall  prove  him  to  he  one 
•tildiottsly  incUned,  that  he  lived  a  retired  life, 
and  kept  very  little  or  no  company ;  and  you 
w9l  hear  mm  persons  of  very  great  honour 
pod,  quality,  that  he  is,  at  to  his  fenOD,  w^  at 


I065]        STATE  TIUUkLS,  SS  CBiEtBS  11. 1684^1^^  0  itfi>ifeiR€tfii^.         [108ff 

last,  that  he  went  publicly^  Now,  my  lord  to  his  opinion  f  and  then  we  sh^  submit  it  to 
Howard  says,  that  he  went  to  agitate  a  confe- 
derainr  between  the  maiecontents  of  Scotland, 
and  those  in  England.  .  Now  it  is  strange,  that 
a  man  that  was  to  agitate  such  a  concern, 
ahould  fo  publicly  with  a  servant  to  Newcastle ; 
80  pubhcly  as  to  be  known  agab ;  and  of  his 
own  accord  tell  them  he  was  going  to  such  a 
place  in  ScoUafid.  And  be  it  so  in  fact,  will 
any  man  apply  this  to  any  thing  was  done  be- 
fore ?  (as  my  lord  Howard  says  about  a  con- 
sultation to  jom  in  rebellion.)  Will  any  man 
think,  that  he  shoirid*talk  at  that  kind  of  rate, 
if  tliat  were  his  employment,  and  tell  whither 
he  were  going  P  But  I  rdy  upon  this,  in  point 
of  evidence.  It  is  not  proved  yet,  that  Aaron 
Smith  was  in  Scotland.  That  ne  came  within 
six  miles  of  the  borders  of  Scotland,  is  proved ; 
but  it  is  not  proved  he  was  in  Scotlana,  or  did 
agitate  any  conspiracy  there ;  or  did  any  thing 
more  than  go  within  six  miles  of  the  borders  of 
Scotland.  But  then  they  would  press  it  fur- 
ther, and  they  say,  that  there  were  some  Scotch 
Smtlemen,  that  ra  the  summer  came  hex«  into 
ngland,  and  that  they  hid  themselves  when 
the  plot  was  discovered.  It  does  not  appear 
my  client  had  any  conversation  with  these 
Sa)tch  gentlemen,  or  any  of  them,  or  was  ever 
io  their  company.  It  is  a  very  remote  infe- 
rence to  bring  any  thing  of  tins  to  affect  my 


you,  gentlenaen  of  the  jury,  whether  you  can 
believe  him  guilfy  of  this  ne  is  charged  with, 
which  is  your  issue.  You  are  to  try,  whether 
be  be  Guilty,  or  Not  Guilty,  of  the  crima 
charged,  in  t£e  Indictment. 

Mr.  Wallop.  My  lord,  and  gentlemen  of  tha 
jury,  I  desire  to  make  one  observation  belbra 
we  call  our  witnessies.  - 

X.  C.  J.  Pray  do  not  take  Up  our  time  alto- 
gether in  speeches,  but  go  on  to  your  evidence. 

Mr.  Wallop.   I  desire  to  observe  bni'ona- 
thing,  my  loid. 

X.  C.  J.  Make  your  observations  at  last,  but 
spend  not  our  time  in  speeches.  I  know  you 
will  expect  to  be  heard  at  last,  and  so  yon 
shall,  whatever  you  will  say. 

Mr.  Williami.  Call  the  earl  of  Angles^,  tha 
lord  of  Clare,  and  lord  Paget,  m,  Ducas. 

{Who  appearing  was  swom.^  Now  we  hav» 
iim  here  we  must  begin  with  bun,  my  lord. 
Mr.  Ducas,  pray  what  did  yon  hear  my  lord 
Hoi»ard  say  at  any  tiroe.concerning  this  con- 
spiracy, and  who  were  concerned  in  it,  and 
who  were  not? 

Mr.  Ducas*  My  lord  Howard  came  once  to 
the  house  of  colonel  Sidney,  I  believe  it  waa 
about  eight  days  after  the  imprisonment  of  co- 
lonel Sidney ;  and  when  he  was  in  the  house, 
I  asked  him,  What  is  the  matter,  my  lord  ?  He 
did  answer  me,  he  was  told  there  was  a  plot 
against  the  king  and  the  duke,  and  one  general 
iuwrrection  to  be  made,  and  that  colonel  Sid- 
ney seiit  a  man  into  Scotland,  to  which  thing 
my  lord  Howard  sware,  laying  his  hand  on  his 
breast,  saying,  *  God  knows  all  things,  and 

*  God  knows  I  know  jiothing  of  that;  and  I  am 

<  sure  if  colonel  Sdney  had  known  any  thing,  • 

<  he  would  tell  me ;'  and  1  said,  what  iswa 
matter,  my  lordP  Are  you  afraid?  And  he 
made  answer  to  me, '  No  honest  man  is  safe  Id 

*  his  own  house,  I  pray  you  lend  me  a  bed  to 

*  lie  in.'  And  he  asked  me  about  the  goods 
of  colonel  Sidney,  because  of  the  plot  and  such 
things,  and  he  desired  to  have  them  removed  tu^ 
his  bouse ;  and  he  said,  rather  than  gO  to  tha 
Tower  be  would  do  any  thin^. 

Mr.  Williams.  Speak  a^m  to  the  jury  thai 
did  not  hear  you,  what  said  my  lord  Howard 
to  you? 

Vucas.  He  said,  rather  than  to  be  a  prisoner- 
agam  he  would  do  any  thing. 

Mr.  Williams.  Whp  to  be  a  prisoner  again  f 

Ducas.  My  lord  Howard. 

Att.  Gen.  What  things  were  spoken  of? 

Ducas.  He  siud  he  would  do  any  thing. 

Mr.  Williams.  Were  you  speanng  of  the^ 
conspiracy?  Of  the  plot? 

Ihtcas.  He  spoko  of  the  plot,  and  said  h(a 
knew  nothing  or  it. 

Mr.  WiUmm^  What  did  he  say,  Bk  ? 

Ducas.  He  said  to  ma  and  swore,  he  Jmcw 
nothing  of  it,  and  called  God  to  witness. 

Mr.  Williams.   Pray,  did  he  then  say  ha 
would  do  any  thing  radier  than   go  to  tha 
Tower,  when  yon  wert  talkifig  of  tbs  plot  ii|4} 
ooaspiia^? 


lOen     STATE  Til ALS,  36  Cif  AttLtee  II.  1 6%4f^TiM  tf  JAk  Omipim,     [icM 

taoxb  itmr  hvt%,  shato  fAot,  tioee  Ihljr  hint 
aeiaad  Qpon  iii5r  lotd,  «tid  1 4o«bt  Im  niM 
mill.  Aner  that,  I  ibink,  as  mbm  as  1  cm  i^ 
iiieniber^TlioiittttfakigfratllM,  KjmM 
upon  the  booky  jfoii  will  tee  wlmt  I  mmI  then. 

L.  C.  /.  We  are  not  to  look  mob  |he  boeh, 
man.  You  must  gire  your  erideaoe  ymmdf. 
Mr.  Howard,  I  hope  you  do  aot  tmett  bf 
bookP  Let  the  truth  oome  out  Id  CMTt  niiM^ 
wbaterer  it  be. 

Bir.  WilUami,  Ay,  mj  lord,  we  Mre  to 
hate  tmdi  oome  out 

JL  C.  /.  Ay,  whether  it  be  of  the  oae  Me, 
ortheoUiPr,  God  forbid  hat  irpth  shoiM  be 
ttpoken.    Mr.  Howard,  go  on. 

Mr.  Hmard,  Then,  mv  lord,  colonel  ttdaejf 
was  taken,  and,  says  my  Wd,  I  am  extreiMly 
troubled  Ibr  oolonei  SldBey,  for  he  is  my  ftrf 
good  friend;'  said  I,  why  are  not  yon  eos- 
cerned  for  my  lord  Russell  f  He  is  of  joaf 
blood,  says  he,  he  is  a  man  without  exceptuos. 
There  is  no  man  of  such  honour  as  be,  bol  t 
am  concerned  for  cokmd  8idney,  as  that  pv- 
ticular  man  Chat  has  obhseit  me  abaresUdie 
world,  but  I  never  heard  my  lord  Howtri 
name  Mr.  Hampden  in  all  my  life. 

Lord  Houmrd.  V\\  give  you  reason  ftr  i^ 
my  lort),  if  you  please.  Why  1  sMso. 

L.  C.  J.  My  k>rd,  this  is  evidlence  for  (be 
defendant.  If  the  king's  counsel  will  csU  y«B 
atlerwards  to  raoke  answer  to  any  of  these 
things,  then  is  yoar  time  to  speak.  We  will 
not  let  them  interraiit  you  when  you  oome  to 
speak,  nor  must  you  interrupt  them  now.  We 
aiie  bound  to  hear  both  sides,  and  tio  by  die 
grace  of  God  we  will  do. 

Lord  Howard,  My  lonl,  1  desire  both  be 
and  his  brother  may  stay  in  court,  tor  I  bive 
somethinnr  to  say  to  tbom. 

Mr.  Williams.  Pray,  vrlrnt  did  you  hear  ay 
lord  Howard  say  conceraing  the  plot  ? 

!^Ir.  Howard.  He  did  deny  it  positively,  a«* 
said,  thry  orted  nothing  but  what  was  l<^i> 
and  he  haid  it  500  times  0%c5r. 

Mr.  Wiliuiws.  Did  he  deny  it  ? 

yit.  Hoiray^d.  Yes,  he  did. 

L.  C.  J.  Bat  when  be  said  thoy  acted  no- 
thing but  legaHy,  ^hat  did  he  mean ?  W*i 
this  plot  legal  ?  " 

Mr.  Hoioard.  I  bad  ^Drmer  disoourses  ww 
my  lord  Howard  at  other  times,  and  I  asked 
hiin,  my  k)rd,  what  tends  all  this  to?  Yo* 
going  op  into  the  city  autl  mddnpf  th<^  naeei- 
u^  i*  ^Says  he,  we  iutendcil  nothipg  bnt  wW 
is  legal.  There  is  not  one  man  in  the  com- 
pany, that  1  know  of,  intends  any  thing  else- 
Mr.  WiUiams.  What  was  my  lord's  opision 
of  the  plot  in  June  or  July,  or  August  ? 

Mr.  Howard.  He  said  lie  knew  ootbingofKt 
nor  codid  he  believe  there  was  any  such  aao^ 
When  those  persons  were  named  that  were  w 
hill  the  king,  *  Lord  Mess  me,'  said  he,  '^ 
*  there  be  Bndi)«  thing  in  nature?  That  aof 
'  men  should  be  so  wicked.    But  Aat  there  tf 


Jliiost;  ^  Yas,  he  would  do  any  ilung  raditer 
ihan  he  a  prisoaer  again. 

Att.  Gin.  Pray,  what  did  be  aay  P 

Duau,  Ha  raised  up  his  handy  on  hiffa,  and 
said,  he  knew  nothing  of  the  plot,  or  of  the  in- 
surrection, or  that  colenal  Skuey  bad  sent  any  > 
naa  into  Scotland. 

Mr.  Wiliiam.  When  was  this  ? 

Ducas,  I  believe  it  was  8  or  9  days  after  the 
imprisonment  of  odonel  Sidney. 

Att,  Gen.  What  day  of  the  month,  and  what 
month  was  it? 

Ducas.  He  was  imprisoned  about  the  end  of 

June. 

Lord  Howard.  My  lord,  it  would  be  neces^ 
aary.  that  I  should  asalce  an  answer  to  this,  and 
I  know  not  whether  I  should  make  a  particular 
answer  ta  every  oae ;  for  here  is  a  whole  set 
of  wttnessaa,  Isee. 

L.  C.  J.  No,  let  them  alone.  Yon  must  not 
interrupt  them,  they  must  go  on  with  their 
<fridence ;  and  when  it  is  a  fit  time  for  ^ou  to 
anawer  them,  the  coonsel  for  the  king  will  call 
yon. 

Mr.  Williams,  Pray  swear  Mr.  Howard. 
[Whioh  was  done.]  Inray,  Sir,  will  you  please 
ta  aoiiuaint  my  k>rd  and  the  jury  what  you 
lna«r  or  what  my  k)rd  Howard  has  said  ofthe 
plot,  and  who  were  concerned  iu  it? 

Mr.  Honkird,  My  lord,  what  I  hare  said  is 
in  the  paper  of  Mr.  Sidney's  trial,  <ind  truly  1 
can  say  no  more  than  what  I  said  there. 

Mr.  Wiliiams,  Pray  speak  out,  Sir,  and  tell 
it  again  to  this  jm^. 

Mr.  Howard,  \  wils  tokl  1  spake  it  very 
knidtban. 

L,  C.  /.  Pray,  Sr,  ^seak  as  you  filease,  we 
don't  direct  yon  in  what  key  you  sludl  speak ; 
apeak  in  what  key  you  will. 

Mr.  Howard,  f  hen  if  you  will  have  me 
apeak  it,  I  will  speak  it  as  loud  again.  My 
lord,  is  Mr.  Hatwpden  here  ? 

L.  C.  /.  Yes,  ^h«re  be  is. 

Mr.  Howard,  In  the'first  place  I  do  not  know 
Mr.  Haaa|Mien,  my  lord,  I  cannot  pttMnise  to 
neak  the  very  words  that  I  spake  the  last 
time :  I  cannot  make  them  so  fit  as  one  tally 
fits  another. 

Att,  Gen,  Consider,  Shr,  you  were  not  sworn 
then,  you  are  sworn  now,  that  is  tlie  difference, 
and  therefore  pray  consider  of  it. 

Mr.  Howard.  My  lord,  as  near  as  I  can,  i 
will-  repeat  the  same  words  again,  I  hod  little 
acquaintance  with  my  lord  Howard ;  bat  meet- 
ing him  often  at  my  brother's  house  (and- being 
he  waaextraoadinaiy  pleasant  company,  I  must 
aaada  say  that  ha  was  so^  and  a  man  of  great 
wit)  and  I  coming  from  Whitehall,  lie  asked 
M  wlMt  aow«  of  the  plot?  I  told  him  there 
were  some  people  that  were  in  the  jproolama-> 
tion,  or  wauld  be,  and  I  named  their  names. 
Sayt4e^  I  knawnoMi  ofthemeiioept  Rumbdld, 
I  thmk ;  and  by  Ohance  I  met  him  passing' 
«li«ott|^liieOM£»shan9a,aDd'hesahited  me 
f«ay  kkidfy.  AUter  iMi  my  lord  fiueaell  waar 
tilMn,  ^  when  my  lai^  Hciiaard  hMrdthaft^ 
says  he,  then  we  are  all  nndone.    hat  I'  jwy 


one  man  of  hononr  or  estate,  or  consnew^ 
« that  ever  had  any  such  thoogbt,  »t  can  nef« 
*  adiar  Mtio  my  head-,  I  can  never  baHe^A 


10891    '     fffktK  TRIAI^»  d6  CA ABLES  fl.  l6%4.^&r  k  Mfdmcdnor.       fl  09b 

witbal,  he  hoped  it  wonTd  be  but  short ;  and 
then  he  began  to  wi^h  himself  beyond  sea  till 
the  troubles  were  over  ;  and  in  compliance 
with  his  lordship  I  did  wish  so  too.  But  as  to 
Sidney, '  he  did  with  great  assevi^rations  very 
much  assert  his  innocencr.  He  said,  he 
thought  he  was  not  guilty  of  any  of  the  things 
laid  to  his  charge ;  and  spote  with  large  enco; 
miums  in  his  praise,  as  he  had  obligation  th 
do,  and  seemed  to  bemoan  his  roisfortanes^ 
which  I  said  I  had  then  reason  to  heliere  he 
was  real  in,  lor  I  believe  never  any  man  wato 
more  engaged  to  another  than  he  to  colonel 
Sidney,  i  told  him'  there  was  a  discourse  of 
some  Writings  of  Mr.  Sidney 's  that  were  taken^ 
he  said  he  was  confident  they  would  mUkh  wji 
thihgof  any  writing  of  hig ;  I  told  him,  I  sup- 
posed he  meant,  legally  they  could  not  'do  lU 
This  was  the  most  he  said  ;  as  to  Mr.  Hamp* 
den,  he  mentioned  nothing  that  I  know  6f. 

Mr.  Wiltiunu,  Did  he  seem  to  declare  any 
opinion  abbut  the  plot  or  conspiracy  in  gene- 
ral, that  there  was  any  such  thing  or  not  F 

Earl  of  Giare,  I  do  not  remember  it. 

Att.  Gen.  My  lord  of  Clare,  did  you  never 
hear  my  lord  Howard  before  this  complain  of 
the  government,  that  it  was  amiss,  and  was  t^ 
be  rectified?  '  • 

Esa\  of  Clare.  Yes,  he  often  did  complain. 
Every  body  knows  my  lord'ii  way  of  discourse* 

Lord  Homard.  Pray,  will  you  ask  him,  if 
my  lord  of  Clare  used  to  fall  Out  with  roe 
upon  those  discoorses. 

Earl  of  Clare,  My  lord  was  always  gSoA 
company.  ' . 

Ati,  Gen,  You  mean  d  propot,  my  kwd.^ 

Earl  of  C/are.  I  understand  what  yontnieaa 
by  i  vropos,  you  are  a  learned  man,  1  know. 

Sol  Gen,  nHj  lord  of  Clare,  if  1  apprehend 
yonr  lordship  aright^  my  lord  Howard  was 
discoursing  of  the  primate  of  Armagh's  pro« 
phecy,  and  said  he  thought  the  persecutioH 
was  already  begun,  and  would  be  shArp,  though 
he  hoped  it  would  be  short,  and  he  winied  him* 
self  beyond  sea  till  the  troubles  were  over,  and 
your  lordship  wished  yourself  so  too? 

£.  of  Clare.  No ;  1  said  in  compliance  with 
his  lordship,  since  he  wished  himself  bevond 
sea  till  the  troubles  were  over,  I  wished  be 
were  there  too. 

L,  C  J.  But  I  perceive  all  these  ^scourset 
conceniing  the  government  are  reckoned  but 
jests  and  matter  of  laughter,  but  it  is  a  very 
rank  way  of  jesting,  I  assure  you. 

Mr.  Williams,  My  lord,  we  eall  our  wit- 
nesses seriously,  they  are  the  king's,  counsel 
that  jest. 

Att,  Gen,  Was  this  before  my  lord  Howard 
was  taken? 

£.  of  Clare.  Yes,  but  after  Mr.  Sidney  was 
taken. 

L,  C,  J.  Well,  who  do  you  call  next  ? 

Mr.  Waiiam,  Mv  lord  Paget,  Pray  tvhat 
have  you  heard  my  lord  Howara  say  concern- 
ing the  plot,  and  when? 
/Lord  Paget.  -Ifiy  lord  sits  there,  and  I  be<*> 
lieve  he  may  remend^er  it  wv  about-  tfa^  Ttk 

4A 


Mr.  WHUam.  When  wa^this  ? 

lis.  Hcwardi  When  Rnmbold  and  those 
iither  people  wefe  put  into  theprodamation. 
'  Ait,  Gen.  Mr.  Howard,  Then  I  ifiirask 
^ou  your  opinion,  whether  in  your  jud^ent, 
•very  mto  teat  was  in  the  plot  ooald  not'  have 
■aid  so  much  ? 

*  Mr.  HnvDard,  I  suppose  every  man  In  the 
plot  would  hajre  defended  himsefras  well  as  he 
ooold,  but  I  cannot  tell  what  way. 

Mr.  Thompton.  Sir,  did  he  Murdy  afiirm  it, 
W  with  asseverations  and  imprecations  ? 

Mr.  Howard*  My  lord  was  not  put  upon  his 
0l^h  before  me. 

Alt-,  Gen.  Mr.  Howard,  don't  yon  beheve  a 
greht  many  that  were  concerned  in  this  plot 
would  deny  it?  <  ' 

Mr.  Howard.  I  am  to  g^ve  my  opinion  only 
Ibr  myself,  not  for  other  people. 

jL  C,  J.  Have  you  done  with  him  ? 

Mr.  WilUanu.  Yes,  my  lord. 

JU  C.J.  Then  gt>  over,  Sh-. 

Mir.  Howard.  My  lord,  I  am  troubled  with 
fumes,  and  cannot  well  endure  a  crowd,  there - 
Ibre  I  desire  I  may  have  leave  to  be  gone. 

L.  C.  /.  You  may  go  if  you  plea^ 

Mr.   William,  Call  Mr.  Edward  Howard. 

I  But  be  did  not  appearj    Then  swear  my 
»rd  -of ClftKe  And  my  lord  Paget.    [Which  was 
dooocj 

£.  C.  /•  Well,  what  do  iron  ask  my  lord  of 
Chu«? 

Mr.  WUUams.  My  ford  of  Clare,  will  your 
lordship  please  to  aequamt  the  court  and  the 
jary,  what  yvu  heanl  my  lord  Howard  say 
eonceming  the  late  conspiracy  ? 

£n1  of  Ciare.  My  lord,  some  indispositkm  I 
liave  had  <^'late^  together  with  the  great  itgour 
of  the  season,  has  confined  me  to  my  house 
"diese  six  weeks,  so  that  I  should  not  coine  here 
but  noon  this  summons  of  a  subpcma,  whidi  I 
thought  I  ought  not  to  refuse.  I  suppose  I 
oieed  not  n^wat  much  of  what  was  said  at  <^1. 
Sklney's  tnal. 

-    L,  C.  J.  My  lord,  yon  most  give  what  evi- 
dence you  have  to  ffive  now. 

Mr.  WilHanu.  My  lord,  the  gentlemen  of 
this  jury  have  not  heard  it,  thererare  you  must 
toy  It  sin  over  again  to  than. 

jBari  of  C/ore.  Sometime  after  Mr.  Sidney 
was  taken,  my  lord  Howard  came  to  see  me, 
jmd  eomj^inmg  of  the  tipies,  said.  That  all 
.things  were  very  sad  and  dangerous,  an^  if 
crer  be  was  questioned  again,  he  would.-hot 

S lead;  but  desire  them  only  to  count  noses,'  4br 
le  jiuickest  dispatch  he  thought  was  best-:  I 
replied,  sure  his  lordship  was  in  jest  He  s^, 
Ma,  he  was  in^eanest,  ibr  he  was  oonfidedt  if 
bB  came  to  triai,  th«y  wonU  have  his  life;  let 
bim  appear  never  so  innocent.  I  siid,  I 
boped!DOtso^itwiul  only  his  lardsfai{i's  fear, 
SUM  bedinaeDf  that,  I  th<^ught  it  might  be  pre- 
Muned  he  would  venture  much,  rather  than  be 
trsed.  And  discoursing  of  the  late  primate  of 
Armagh's,  prophecy  ;  ne  said,  for  *his  part,  he 
llMWffnt  tbe  persecution  was  abeady  begun, 

and  hedidJbemTe  itwouMbeveEyamirpv  bat 
YOUIZ*  .    • 


10»1]     STATB  TRIAt^  9$  CUMLV  Ih  l6t4>~Wrf^  JWht  UN**,    [1<I» 


of  July,  the  Svtiurday  hcftm  my  loi4  ««iit  into 
the  oouDtry,  to  the  beet  of  my  memoiTy  which 
wae,  I  take  it,  the  9thof  Joly :  upon  Setnrdmy 
the  Tth  ftt  Dt^ht  my  lord  ceme  to  gee  me;  I 
to]d  him  I  wae  gladto  eee  him  abroad^  and  Mit 
eoDoened  in  the  disorders  that  were  then  so 
jpeneral ;  my,  lord  told  me  he  had  been  wished 
loy  by  several,  aad  he  took  it  ill,  beeeuse  it 
looked  as  if  he  were  guilty.  It  is  true,  my 
lord  was  a  roan  of  grrat  finesse  and  teediness 
in  disoourse,  and  came  easily  into  all  com- 
pany ;  ray  lord  said  that  was  trqe,  but.  he  had 
so  earefiilly  behared  himself,  but  be' was  sure 
they  could  not  touch  him  widi  any  thing,  nor 
did  he  know  any  thing  of  any  body  else  that 
be  oeold  charge  them  withal. 

Mr.  Wilfiamt.  When  was  this,  my  lord  P 

Lerd  Paget,  This  was  the  7tb  of  July. 

An,  Gen.  Pray,  good  my  lord,  Why  did 
you  joy  my  lord  Howard?  Had  you  any 
reason  to  mistrust  my  lord  P 

Lord  Pl^e^  No  other  reason  than  because  I 
knew  he  was  a  man  of  great  freedom  in  dis- 
course, and  might  be  concerned  upon  that 
account. 

'  Att*  Gen.  And  he  would  frequently  dis- 
course agntinst  the  government  I  suppose  ? 

Lord  raget.  No,  I  never  heard  my  lord  dis- 
oourse  against  the  government  m  my  life. 

Mr.  Williams.  Swear  Dr.  Burnet.  [Which 
was  done.]  Pray  will  you,  ]>oclor,  acquaint 
the  Court,  what  you  have  heard  my  lord 
Howard  say  concerning  the  late  Plot,  and 
when? 

Dr.  Bttrnet.  My  lord  Howard  came  to  see 
me  the  day  after  the  discourse  of  the  plot 
broke  out ;  Thursday  I  think  it  was,  on  Wednes- 
day it  began  to  be  talked  of.  The  thing  was 
litUe  understood  then,  but  in  ^eral  a  plot  was 
discovered,  and  my  lord,  with  a  great  many 

Solestations,  liftiog  up  his  hands  and  eyes  to 
enven,  protested  he  knew  of  nonci  and  be- 
lieved, th^  was  none,  and  spake  of  the  whole 
thing  as  a  contrivance. 

Mr.  Williamt,  This  was  the  day  after  the 
discovery  broke  out  ? 

Dr.  Bumet.  Yes,  the  day  aflar  that  I  first 
heard  of  it. 

Mr.  Williams,  Had  you  any  other  discourse 
with  my  lord  about  it  ? 

Dr.  Bumet,  I  had  not  seen  my  lord  before 
of  some  months.  And  then  he  spake  a  great 
deal  to  me.  He  teld  me  he  had  been  in  Essex, 
and  after  that  he  went  to  the  Bath,  and  went 
io  earlv  and  came  awav  before  the  company 
came,  because  he  would  avoid  all  danger.  Ami 
be  expressed  great  apprehensions  of  fear  of 
ibam  plots,  and  spake  of  false  wimesses  and 
former  designs  of  that  nature.  The  truth  of  it 
iraa,  one  had  possessed  me  with  a  belief  of 
the  tbiog,  it  being  then  but  a  secret,  but  he 
strove  to  dispossess  me  of  that  beKef,  and  his 
whole  discourse  ran  upon  that  for  an  whole 
hour,  and  expressed,  as  I  sakl^  g^mat  fear  of 
some  sham-contrivance,  and  spake  much  of 
&lse  witneases,  wishing  that  Jie  were  be- 
yandaea.  •» 


L.  C.J.  What,  he  spakeaa  if  dmewm 
like  to  be  great  heats  and  stirs,  I  fopposef 

Dr.  Bumet.  No,  the  talk  was  about  thsfii- 
co^ery,  which  he  said  he  balieved  was  aooa- 
trivance. 

Mr.  WilUamM.  Didmv  kffdHowaidonto 
come  to  you  sometimes  r 

Dr.  Bumet,  Yes>  h«  used  to  come  (it- 
quently  to  see  me. 

Att.  Gen.  Dr.  Bumet,  Prn  let  ma  tA 
you  one  question  ;  you  spc«k  oisoleom  dedip 
rations  and  prolestapitioas  made  by  my  kol 
Howard,  what  gave  iheoecasioo  to  sack  a  »- 
lemnity? 

Dr.  Bumet.  I  will  tail  yon  the  occsm 
truly,  though  it  was  never  asked  mebdiif. 
It  was  thus  :  I  being  possessed  with  the  bdicf 
of  the  thing  by  one  that  assured  me  it  vm 
true,  and  would  soon  appear  to  be  so,  I  sigodl 
upon  that  belief  to  oonvince  nry  lord  Horn, 
that  it  was  true ;  and  he  argued  a  mat  jdeil  to 
dispossess  me  of  that  belief.  Ana  I  nid.  If 
therebe  any  such  thin»,  I  pray  God  %ffe 
them  that  are  conoeteed,  but  oertaittly  itii«B 
ofthemonatrousest  itt  things  that  efcr «» 
done ;  for  hereby  they  have  done  all  that  cssid 
be  done  to  nun  the  Proteatant  religmn.  Hewn 
smoking  a  pipe^of  tobacco,  and  ne  kdd  dovi 
his  pipe,  and  lifted  up  hia  hands  and  eja  to 
Heaven,  and  protested  to  me,  he  neifiier  kacv 
of  any  such  thing,  nor  bcVeyed  it,  tat  it «« 
all  a  contrivance. 

Att.  Gen.  By  hia  diacowraet  you  pomlilj 
might  understand  what  he  BMant  ^  ^  BSB^m 
h^ng  privy  to  the  murder  of  the  Idag,  orthi 
raising  of  rebellton  ? 

Dr.  Bumtt.  There  waa  not  a  word  toof 
the  assammation,  but  itwaa  all  of  the  pistil 
general.  ^ 

Sol.  Gen.  Did  he  make  no  diatinctisa? 

Dr.  Bumet.  We  talked  of  nothing  kit  phi 
in  general.  For  the  particukurs  were  not mca 
known*  It  waa  only  about  the  geneial  notua 
of  a  plot* 

Att.Geu,  Pray,  what  waa  ihe  rmsmy«« 
had  to  beheve  it  ?  •• 

Dr.  JShifW.  There  waa  a  gendcman  fian 
Whitehall  tha<  came  to  seeme,  and  be  of 
assure  me  it  was  true,  aa  beiitt  one  that  W 
it  from  a  privy  coonadhir.  Imawas  oatte 
Wednesday,  wbendw.oomMal  aatkagiM 
it;  and  nothing  of  particnlars  was  tbcnhig^ 
but  only  a  diaoomrsein  general  of  sndi  atuif; 
and  henaidit  wouM  be  found  to  be  a  eotott 

truth.  ^ 

Att.  Gen.  Boi,  Doetor^dHnotyona  Mflt 
wonder  at  thecarria^  of  mybwa  Howinr 
That  a  man  that  waa  not  aocused,  thft  yw 
heard  of,  should  make  such  solemn  pi*** 
tions?  .    ^ 

I^.  Bumet.  Hy  kKd,  ha  said  jort  « jnf 

anneraa  I  have  toUyou.  when  I  sud,  <n>7 

hawbe«€«i- 

ba 


told  you,. 
«  God  forgive  them,  tf  any  haw  bem  o 
•  cemed  m  such  a  thing}*  hia  ^  SEU* 
pipe,,  and  lift  up  bis  bands  and  q^es.  yb*^ 
he  thought  I  suspected  him,  ar  vo,  1  crnan 
tcti,  hs  bestJoMmv  hm  am  thoogbti. 


1Q95]        STATE  TRIALS^  $6  Ciias«.bs  II.  i6m.-^  #  Mlitimmmm'.       {lOM 
MinOm.  DJdhefwrawMNlorHr.HttM- 

Dr.  Biirtief.  No,  there  #ui  notuy  perti- 
ciilsr  penMlMi  mined* 

Mr.  li€cardS^.  Dooior,  he  wmiU  nol  meie 
yoa  his  oonfesBor. 

Dr.  Burned  Hiswheleboiir'edisooiireewae 
to  diepoBMss  noe  of  the  epmioD  end  belief  i 
had  coterhdned  of  the  plot. 
>  Jnt  flio/tooy.  Thii  irMmboiit  July,  yo« 

Dr.  Burnet.  I  omuiot  remember  the  very 
dw^  of  die  month,  I  believe  it  wee  the  letter 
cua  of  June,  but  I  am  sure  it  wis  before  any 
body  was  eommitted,  that  we  heard  of. 
.  Mr.  .Secof^fer.  Dr.  Domet,  you  say  you  did 
bdeve  there  was  a  plot  then  ? 

Dr.  Bunted  Yes,  I  Ad  so,  and  he  hiboured 
to  dtspbasess  me  of  that  belief . 

Mr.  Recorder.  Pray  do  yon  beliere  it  now  t 

Mr.  WilHam.  What  a  qaeslioB  is  that,  Mr. 
Sa4eantr 

Ut.  B^meL  I  make  no  doubt  of  it,  Sir,  as 
to  the  assassination. 

•Ait.  Gm.  My  lord  Newport,  Why  do  you 
lift  up  your  hands?  You  do  not  do  well ;  lorit 
is  a  very  proper  question. 

L.C.J.  Wdl,  oall  your  neiA  witness,  gen* 
tiemen. 

Mr.  l^oi^MSii.' Swear  Mr.  GIsbonie.  £Which 
was  done.! 

Mr.  ITitlkMM.  Pray,  Sir,  will  yon  aoouaint 
the€onrt  and  the  jury,  wilat  'You'have  neard 
■•y  lord  Howard  say  about  the  late  eonspi* 
vacyP 

Mr.  Gitbome.  My  lord  only  said  he  knew 
nothing  of  the  plot;  that  is  all  lean  say. 

Wh^immm.  When  was  this  f 

Mr.  Gi$bome.  The  Saturday  before  he  was 
taken  ima  custody;  then  it  was  that  your 
iMNMmr  i^id  say  so,  my  lord. 

Att.  Gen.  Ay,  and  100  more,  .1  bfifiefo, 
would  say  so,  tiiat  micfat  be  coaoemed  hi  it  for 
nUthat 

Mr.  WUliam.  Swear  Mr.  »ake.  [Whieh 
whs  done.}  Pray  aequnuit  my  k»d  and  the 
jiify,  what  discourse  you  had  with  my  lord 
Sowmd  about  his  panlen,  and  what  he  said 

ioyoa? 

Mr.  Biake.  My  lord,  about  the  month  of 
Oulober  hut,  my  lord  Howard  sent  to  me  to 
kmsrhewl  did,and  desired  me  tocomeand 
■Bike  hmi  a-Tisit.  The  next  day  I  went  and 
wailed  upon  my  lord  at  his  lodgings,  at  White* 
6all,and  after  the  oomplimenti  passed,  my 
fotd  bma  a  discourse  of  the  plot,  and  I  told 
bim,That  I  he^rd  none  of  the  witnesses  had 
-their  pardons,  but  only  KeeKng,  the  limt  dis- 
«n9arw.  My  bill  toM  me  no,  but  he  had  a 
warrant  for  his  pardon,  and  with  that  he 
l^neheditoiitatidsheweditme,  and  I  read  it. 
And  then  1  told  him  I  thought  it  was  of  no 
smdl,  without  he hadhis pasnon  actually  under 
bieaeal;  he  said  no,  but  he  had  their  word 
and  honour:  but,  said  he,  when  I  first reoeired 
itfb  wanant,  tbey  asld  I  should  not  meddle  in 
dt  taL  I  hMsd  iMMa  thsm  a|pda,  i»hieh  I  hafe 


not  yet ;  aod  I  asorfte  It  to  no  other  reason 
but  only  this.  That  I  must  not  have  it  till  the 
drudgery  of  sweating  is  ontf. 
Air.  irt/iuisn.  When  was  this  P 
Blake,  In  October  test  some  time.  So  I 
then  took  my  leave  «f  my  lord,  and  my  lord 
desired  me  to  come  and  see  him  at  night; 
about  six  o'doek  in  the  etening,  for  he  had  k 
great  many  come  to  him,  but  then  hcbbould  be 
at  leisure,  and  had  many  things  to  say  to  me. 

Att.  Gen.  At  that  time  did  my  lord  express 
himsdf  as  discontented,  and  that  it  was  irksome 
to  him  to  be  brought  as  a  witness? 

Blake,   He  only  said  those  words  that  I  ' 
have  told  you,  and  looked  up  and  turned  up 
his  eyes  towards  Heaven  when  he  said  so. 

Mr.  WiUiofm.  Plray,  where  is  Mr.  Benja- ' 
min  Mercer?  Swear  him.    [Who was  swoni.] 
L.  C.  J,  What  do  youask  him  ? 
Mr.  WUUamt,  We  bring  him  to  prove  th$X 
my  lord  Anglesey  was  served  with  a  subpoena, 
hut  is  so  iHofihegout  he  cannot  come. 

X.  C  J.  If  that'  be  all,  there  is  no  question 
ef  it,  but  that  he  was  subpmnaed. 

Mr.  WUlkmu.  If  your  lordship  please,  we 
will  prove  in  what  condition  my  lord  Anijplesey 
ia,  and  then  we  hope  jrour  lordship  will  give  oa 
leave  to  prove  what  my  lord  has  said  concern- 
ing my  lord  Howard's  disoontiBes  with  him. 

Ls  C.  J.  No,  eertatnly,  Mr.  Williams,  and  I 
am  s^re  yea  ask  it  not  as  expecting  it  should 
be  granted. 

Mr.  WUUmii.  I  lay  it  before  your  lovdsh^ 
and  the  couit. 

L.C.  J.  Ajj  you  lay  it  before  us,  but  you 
are  a  tewyer,  do  you  youra^  think  &  it 
shonldbedoneP 

Mr*  WUHmm.  My  lord,  I  must  submit  it 
to  you. 

Xr.  C.  J.  Come>  will  yon  consent  that  what 
the  duke  of  Monmouth  has  said,  shall  be  ^ven 
in  evidence,  and  then  I  presume  the  king's 
oounsd  will  •consent  to  your  request  ? 

Mr.   ffUfissw.    I   consent.^  Here    is  my 
dient,  my  levd,  in  court,  1  can  consent  to< 
nqthiar. 

X.  C.  J.  But  if  so  be  therabe  leave  ffiven  on 
one  side  to  tell  what  .another  person  has  said, 
why  should  it  not  be  consented  to  on  the  other 
side,  that  it  be  proved  what  a  third  person  lliat 
is  absent  has  said  for  them  ? 

Recorder,  Ay,  Will  you  consent  that  wa- 
prove  what  the  duke  of  Monmouth  has  said  f 

Mr.  Williams,  We  don't  know  what  the 
dake  of-Monmouth  has  said.  ^ 

L,  C«  J.  Bat  you  do  know  it  is  not  evidence, 
nor  fit  to  be  granted  what  you  ask. 

Mr.  Jona.  You  know  mat  it  is  not  for  your 
purpose- what  he  has  said. 

Mr.  William,  My  lord.  We  must  go  ac< 
cording  to  our  iastmctions. 

X.  C.  J.  But  you  know  thelaw,  why  should 
you  offer  any  such  thing?  V our  otTering  it 
will  make  the  *  lay  gens,'  that  know  not  the  tew, 
think  that  the  ^onrt  puts  hardships  upon  peo- 
ple, in  denying  things  which  you  that  under* 
stand  the  law  know  cant  he  grapted.K 


Mfuk  aid 


1093]     STATE  TMMA  3g  CiMtLES  IL  jtiM^TrialiJ  JOk  nrnpitu,   [iqi 

Ur.  UTIOmm.  IdaMlpraiit,aiyloid,biit 
leave  U  witli  voa. 

L,  C.  J,  '  Why  do  you  epeiid  our  time  io 
vrgiag  tbinn  that  are  nothiiig  to  the  porpoeey 
fnd  caoDOt  be  alk>vred  P 

Mr.  William.  Now,  bit  lord.  We  will  0» 
on  to  another  part  of  our  defence,  and  that  is, 
to  calf  witoewea  to  the  reputation  of  Mr. 
Hampden,  and  his  behanour,  to  satisfy  you, 
that  be  cannot  be  such  a  person  as  the  indict- 
nie..t  say  I,  and  as  be  must  be  if  it  be  true  what 
ibis  gentleman,  my  lord  Howard,  has  sworn. 

Mr.  Thompton.  AVe  will  first  examine  my 
lord  Pajfet.     [Who  stood  upj 

Mr.  William.  My  lord,  We  ask  yon  to  that 
question.  Have  you  known  this  {{(entleman 
Mr.  Hampden,  and  what  sort  of  a  num  is  heP 

Lord  jPag§t.  1  hare  good  reason  to  know 
him.  I  have  known  him  a  great  while,  and 
have  always  believed  him  an  bimest  and  a  pru- 
dent man,  a  ihan  of  honour,  and  virtue,  and 
integrity,  my  lord ;  and  have  had  no  reason  to 
have  other  opinion  of  him.  I  know  he  has  been 
always,  ever  since  he  came  abroad  into  the 
world,  a  man  that  hath  loved  his  study,  and 
books,  and  a  contemplative  Ufe.  And  therefore 
)  should  not  be  apt  to  believe,  that  he  oouU  ap- 
ply himself  to  a  thing  so  contrary  to  his  own 
nature,  and  to  that  way  that  he  delighted  in, 
and  had  always  hitherto  applied  himself  unto, 
1  mean  to  engage  in  a  design  of  so  much  ma- 
lice and  wickedness. 

Mr.  WilUams.  My  lord,  You  have  had  ak>ng 
conversation  with  the  knowledge  of  Mr.  Hamp- 
den, you  say.  What  say  you  as  to  his  dispo- 
sition ;  because  this  indictment  says  he  is  a 
person  of  a  turbulent,  factious,  seditious  spiritP 

Lord  Paget.  I  have  always  known  him  a 
quiet  peaceable  man,  not  meddling  in  business, 
very  friendly,  free  from  all  turbulency,  not  of 
much  acquaintance,  nor  desumis  to  make 
much. 

Att  Gen,  Pray,  mylord  Paget,  upon  the  same 
oath  vou  have  taken,  have  you  not  at  any  time 
hcaru  him  express  dissatisfactiim  as  to  the 
mal-udministration  of  the  government? 

Lord  Paget,  No,  never  to  me  in  the  least 

Ait,  Gen,  Not  at  the  time  of  the  last  West- 
minstei'  parliament  ? 

Lord  Pa§^ct.  No,  I  never  heard  him  then, 
nor  at  anv  time  else. 

Mr.  IftV/iams.  Mr.  Hampden  was  then  in 
France,  and  not  in  that  pariwment,  though  he 
was  a  member.    Where  is  Mr.  Pelham  P 

X.  C,  J,  Here  he  is.  He  sits  down  here. 
[Pointing  to  the  table.]  What  would  you  ask 
him  ?     [Ho  was  sworn.] 

Mr.  WUliofos,  Sir,  will  jrou  please  to  ac- 
quaint the  court  what  acquaintance  you  have 
bad  i»ith  Mr.  Hampden,  and  how  long  P  And 
what  you  know  of  him  P  , 

L,  'C.  J,  You  hear  the  ouestMu,  Sir,  how 
louvT  have  you  been  acquainted  withMr.  Hamp  • 
den? 

dir.  Pelhatn,  I  have  been  aoquainted  with 
Mr,  Hampden  about  live  or  six  years  living 
loar  him»  and  all  that  I  oould  nhsare  fiom 


was,  that  he  was  a 
his  studies,  kept  mudi  at  home,  ladliMr 
observed  that  he  had  nawA  arnii  lilii;  M 
as  to  the  business  before  yon,!  kaovvd^^ 
of  it,  nor  iteTcr  heard  Una  ^eak  any  dui^v^ 
latingtoit. 

Mr.  WHiiams.  As  to 
sitioo,  is  he  a  tnrbnlent 

Mr.  Pelham.   No,  1 
tfiing  like  it.     We  never  talked  togcikr 
matters  of  that  nature. 

Ate.  Gen.  Were.yoa  ever  in  his< 
at  any  time  when  he  diseooraed  aboot 
naent? 

Mr.  Pelham.    No,  I  was  never 
any  time  when  he  disooorsed  ef  ssj 
thmg. 

sCr.  WdLimR».  Sir  Henry  Hohart. 

Att,  Gen.  My  lord,  we  oppose  his  bn^ll 
witness.    He  is  one  of  his  bail. 

Mr.  WUliamt.  That  was  upon  the  BAm 
Corpus  act,  not  npon  this  indictment 

Ait,  Gen.  If  he.be  bail  forthedeftadm, 
my  kIM,  he  cannot  be  a  witness. 

Mr.  Williams.  I  appeal  to  the  rule  of  the  osa^ 
whether  he  was  not  bail  upon  the  flaka 
Corpus  act  only  P 

Att.  Gen.  Appeal  where  you  will,  the  y 
cannot  be  a  witness. 

Mr.  ira^taflu.  We  moved  for  an  fiaka 
Corpus  the  beginning  of  last  term  upoo  ih 
late  act  for  HaMas  Corpus's:  And  tlum  ttlh 
hist  day  of  the  term  upon  Habeas  Corpoih 
wa&  ^brought  up  thither,  and  was  bailed  npn 
that  writ. 

Att,  Gen,  Ate  not  you  one  of  the  bsil,iir 
Henry  Hobart 

Sir  H,  Hobart.  I  was  one  of  his  bail,  Ittak 
it  was  for  his  appearance. 

X.  C.  J.  If  he  be  one  of  his  bail  tfaH  la 
shall  appear  in  this  court  the  first  day  of  As 
term,  and  so  from  day  to  day,  till  he  shallk 
dischaffied,  and  remains  under  that  reeogv 
zance,  wen  in  any  case  against  him  heaiMt 
be  a  witness  for  him. 

Att.  Gen.  But  they  mistake  the  niattBr,k 
was  then  chai^^ped  with  tliis  indictment:  He 
theu  pleaded  to  it,  and  was  bailed  to  answer  Ik 
indictment ;  and  surely  iii  that  case  be  €■ 
never  be  a  witness. 

L,  C.  J.  That  is  certainlv  very  tni^  ni 
you  Icnow  the  law  so  weU,  Mr.  WiUimBi 
that  I  wonder  you  will  insist  (tf  it ;  in  ewy 
ordini^  case,  it  is  every  day's  prKelies  ts  iaif 
the  bail  to  be  witnesses. 

Att.  Gen.  Here  is  the  person  prindpsl,  v9 
thev  render  him  in  custody  P 

jL.  C.  J,  Ay,  what  say  you,  will  yoareaiff 
him  in  custody  P  Then  we  will  dischsige  the 
bail. 

Mr.  Williams.  Mylord,  I  witt  teD  ysa  wkt 
we  will  do 

L.C,J.  TeU  mewfaat  yoawiV  do!  ift- 
swer  my  question,*  Will  you  render  bisi  * 
custody  r 

Mr.Willimm.  We willohai^tbekiHf b9 
loid,  aiMlfind  so^  other  sofficiai  fsmn* 


ifcli 


1097]         STATETRULS»36CHA&lBSirM684j^«ra  JfZidMMfi^         [1090 


■i«» 


'it 


vjBk, 


ikm 


I  ipni 

Mttai: 


■taad  in  sir  Hflnry  H^bvfs  place,  rather  than 
losK  our  witnesi. 

X.  C.J.  With  all  my  heart. 

Bfr.  WUiiam.  Here  is  Mr.  JlshhurBt,  my 
lardy  a  gentleman  of  very  good  valne. 

X*.  C.  J.  But  you  must  render  him  first, 
•ml  change  the  whole  bail.  They  most  enter 
into  new  recognizances.  v 

Mr.  WilUttms.  I  cannot  tell  whether  we  can 
do  that  flo  very  well,  because  the  othen,  1  am 
sfiraid,  are  not  all  here.  He  is  a  mighty  mate- 
rial witness,  I  am  sure. 

Att.  Gtn,  My  1<m^,  Mr.  Williams  says  he 
is  a  mateiial  witness,  let  him  be  sworn,  I  am  so 
tair»  I'll  consent  to  it :  Let'  us  hear  what  he 
4mn  say.    [Which  was  done.] 

Mr.  Wiiiiam.  We  thank  you,  Mr.  Attor- 
ney^ I  am  afraid  you  won*thve  long,  you  are 
•o  good  natured. 

£.  C.  J.  But  you  are  like  to  life  for  your 
^pood  nature,  Mr.  Williams. 

Mr.  Thompson.  Sir  Henry  Hobart,  How 
long  hare  you  been  acquainted  with  this  gentle- 
man, Mr.  Hampden  P 

%.H.  HobaH,  I  have  known  him  any  time 
-these  ten  years. 

Mr.  WtUUu^t.  How  has  he  been,  Sir,  as  to 
bis  disBOsition  and  spirit?  Did  you  ever  find 
liim  to  oe  of  a  turbulent  temper  ? 

Sir  If.  Hobart.  Very/ar  from  it  always. 

Mr.  Witliamt,  Have  you  had  any  intimate 
^sonversation  with  him  f 

Sir  H.  Hobart.  I  have  known  him  all  along, 
I  say;  these  10  years,  but  of  late  I  have  had 
more  converse  with  him  some  few  years  in 
travel. 

Mr.  Willianu,   Had  you  much  conversation, 


Sir  H.  Hobart.  I  was  with  him  continuaUy 
at  Paris,  and  abroad. 

Mr.  IViUiams.  What  say  you  as  to  bis  loyal- 
ty  and  principles?  Was  be  a  factious,  sedi- 
tious person? 

Sir  H.  Hobart.  Sir,  be  alfiTays  eipreesed  a 
gseat  esteem  for  the  ffovernmtent,  and  great  re- 
spect and  duty  to  the  king. 

Mr.  Williams,  Pray,  Sir,  when  went  Mr. 
Hampden  abroad  to  go  into  France? 

Sir  if.  Hobart,  He  went  into  F^ce  for  his 
health  about  November,  (1680,)  I  think  it  was. 

MT..Willittms.  How  long  did  he  continue 
abHwd,  sir  Henry  ? 

Sir  H.  Hobart.  I  found  him  in  Paris  the 
May  after. 

Mr.  Williams.  Howlongdid  you  tany  there, 
•fiir,  .yourself? 

ISir  H.  Hobart.  I  went  finom  Pari^j  in  June, 
and  came  back  again  to  Paris  about  October  or 
November,  tl\e  same  year,  and  I  found  him  in 
Fmnce  still. 

Mr.  Wiliiams.  And  when  do  you  take  it  he 
retomed  into  England  ?  > 

Sir  H.  HobaM,  I  was  with  him  till  he  came 
over,  which  was  about  September,  (1682,)  1 
think. 

«     Mr.  Thompum^   What  do  you  knowi  Sir,  of 
bis  intcatioD3  to  go  again  beyond  sea  ? 


Sir  H.  Hobart.  When  Sir,  do  yon  mean  ? 
\  Mr.  Thompson.   Since  that  time  he  came 
over,  you  aay  in  September  (1683^ 

Sn*  H.  Hobart.  He  told  me  of  it  often,  I 
think  it  was  about  March,  more  particularly 
once  at  his  own  house. 

Mr.  Thompson.   What  March,  Sir  ? 

Sir  H.  Hobart.   March  1683. 

Mr.  Thotr^ams.    That  is  kst  March. 

Sir  H  Hobart.  Yes,  last  March,  he  talked 
of  it  several  times,  particularly  once  I  went 
about  some  business  of  my  own,  and  then  he 
discoursed  a  great  deal  of  his  |[oinff  over  with 
my  lord  Mountague  that  now  is;  for  he  told 
me  hid  health  was  not  yet  established,  for  he 
came  over  out  of  an  hot  country  in  autumn, 
and  had  been .  all  the  winter  in  this  colder 
country,  and  the  air  he  found  had  impaired  his 
health  again.  And  it  was  not  only  what  be 
told  me,  but  I  had  a  letter  from  a  friend  of 
mine  in  France,  to  whom  I  had  sent  to  desire 
him  to  come  •over;  but  he  writ  me  word,  no  ; 
Mr.  Hampden  was  coming  over  again,  and  he 
would  not  come  back  again  yet. 

Att.  Gen.  Did  he  tA  you  when  he  intended 
to  go  over,  sir  Henry  ? 

Sir  H.  Hobart.  As  soon  as  Mr.  Mountague, 
my  lord  Mountague  that  now  is,  could  get 
ready,  who  was  to  carry  his  kdy  over  with 
him. 

Mr.  Williams.  Sir,  do  von  know  of  any 
preparation  made  by  Mr.  Hampden  for  it? 

^H.  Hobart.  He  had  resolved  to  take  hv 
lady  with  him,  because  Mr.  Mountagne's  lady 
went,  and  so  I  believe  did  prepare  aooMdingly. 

Att.  Gen.   Did  Mr.  Mountague  go  over  ? 

Sir  H.  Hobart.  He  did  not  go  then,  hut 
since  he  is. gone. 

Att.  Gen.  Were  you  in  France  then  at  this 
time? 

Sir  H.  Hobart.  This  was  in  England,  at  his 
own  house. 

Mr.  WUtiam$.  Pray,  Sir,  what  is  his  disp^ 
sition? 

Sir  H.  Hobart,  He  was  always  incKnad  to  a 
studious  life,  and  kept  very  little  company. 

Att.  Gen.   Was  this  in  March,  1683  ? 

Sir  H,  Hobart,  Yes,  he  came  over  in  Sep- 
tember before*  1  always  observed  him  to  ^  of 
a  retired  temper. 

Att,  Gen.  You  say  in  1680  he  went  into 
France^  and  1682  he  came  over  again  F 

^H  Hobart.   Yes. 

Att.  Gen.  Pray,  sir  Henry,  smce  yon  cob* 
versed  so  much  with  him,  have  you  hesord  hia 
since  the  last  parliament  at  Westminster,  or  at 
any  time  have  you  beenliy  when  he  h«lh  dia- 
coursed  his  opinion  about  government  P 

Sir  H,  Hobart.  Truly,  Sr,  I  do  Hot  take  mj« 
self  to  be  capable  of  discoursing  with  -him 
about  any  such  matters. 

Att,  Oen.    Have  you   heard  him  at  any 
time  comj^ainofthemal-adminiatrationoftb^ 
government  ? 
., Sir  H,  Hobart.    No,  Sir. 

Att.  Gen.  Have  jon  never  heard  any  mch 
tfaing  from  ^--^  * 


1099]    STATE  TRIALS,  9SCHAEirEsIL 

Sir  H.  Habmi.  N(s  never. 

.  Mr.  WiUumi.    Swear  Dr.  Lnpee % 

lord,  we  most  deHie  an  interpreleri  for  the 
doctor  speaks  French  only. 

L.  C.  J.  Swear  an  interpreter. 

Mr.  Williamt,  Dr.  Burnet,  orif  he  be  peie, 
cafl  sir  Henr^  Hbbart  again.  We  most  beg 
the  favour  of  you,  air  Heniy,  to  be  an  inter- 
preter, yott  understand  the  Frenoh  tongue  very 

^rH.Hvbart.  I  will  do  it  with  aU  my  heart, 
Sir,  ss  well  as  I  can. 
jL  C.  J.   Swear  him. 

Then  the  Doctor  was  sworn,  and  the  Oath 
repeated  to  him  by  Sir  Henry  Hobart  in 
French. 

Crier.  You  shall  well  and  truly  interpret 
between  the  court  and  the  witness,  and  the 
witness  and  the  court,  acoordiaff  to  the  best  of 
your  skill  and  knowledge :  So  help  you  God^ 

BIr.  UlamjMon.  Sir  Heniy,  wiH  yen  please  to 
lepeat  what  ouesdons  we  shall  ask,  and  what 
answers  he  maJces  ? 

"^it  H.  Hobart.  Yes,  Sir,  as  well  as  I  can,  I 
wUI. 

Mr.  William,  Pray,  Sir,  ask  the  doctor  this 
•nestion.  If  he  be  aeqnainted  with  Mr.  Hamp- 

Sir  H,  Hobart,  Yes,  he  says  rery  well.  He 
Ihred  near  two  years  with  him. 

Mr.  Tkompum,    How  long  is  i|  sinoe  ? 

Sir  H,  Hobart,   Four  years  since,  he  says. 

Mr.  WiUiams.  Pray,  b  that  time,  what  was 
.  hit  ^position  P  *  was  he  a  seditious  and  tnibji- 
laitman  ?  Or  was  be  a  studious  rethred  man 
•r  what?  . 

Sir  H.  Hobart,  He  says  the  two  years  he 
.  lived  with  Mr.  Hampden,  heke|^  him  com- 
pany in  bis  studies,  and  aU  that  time  he  Ibund 
fee  had  ne  other  iac^inatiaps  but  ibr  stndy  and 
knowledge,  and  bis  inclioations  were  very  vir- 
4non6.  He  always  obsenred  in  his  discourse  a 
great  submission  and  respect  that  he  had  ibr 
:2ie  laws  of  his  nation,  and  his  prince,  and  to 
that  fieffree  he  was  a  &ithfui  subject  to  the 
king ;  ^at  once  he  told  him,  io  disoonrsiog 
with  him  of  the  late  Popish  plot,  that  he  was 
read  ▼  to  sacrifice  bis  life  and  fortune  for  the 
king's  service. 

Mr.  nomp$on.  Ask  him  what  disconne  he 
had  with  him  of  the  plot  sinoe  it  brake  out 

L.  C  J.  Will  that  be  any  evidence  do  yon 
iiink,  Mr.  Thompson?  Will  Mr.  Hampden's 
4eclaratien  be  any  evidence,  he  being  a  person 
accused?  Do  you  think  he  would  teli  the 
•factor,  or  any  body  else  that  he  was  guilty^ 
when  he  was  like  to  be  questieocd  P  Tbat  would 

.      »■■■'     ' HI'  ■  ■       II.        p.  >     II      .11.^  I 

*  As  to  this  Examination,  see  in  this  Col- 
lection Mr.  Erskine's  observations  in  the  Case 
«f  Hardy,  ▲.  n.  l794,previonsly  lotbe  third 
^eoumination  of  Daniel  Stuait ;  together  with 
the  arguments  of  the  other  counsel;  and  the 
opinion  delivered  by  Lord  Chief  Jostme  (Eyre, 
iilpon  the  admlssibiiiity  of  the  proposecLfSPuni- 
natkm  of  Stuart  t 


have  been  awiaebnriaees indeed.  Yeanjbi 
was  a  very  studious  man,  and  a  learasd  nno, 
truly  if  he  had  done  that,  he  had  heslswsdbii 
lime  in  kamiog  to  very  good  pnrpoie. 

Mr.  William.  My  lord,  That  that wavssU 
askhimisthis;  ThMneraan,  the  doctor,  baiq[ 
discounmg  with  Mr.  Hampden  upon  the  diies* 
ver^  of  the  late  oonsniraey,  and  nf  tbr  diiiicr 
onpiessof  the  time,  he  would  have  advigeiMr. 
Haimiden  to  have  gone;  no,heeBid,hefrsBU 
notv  for  he  was  an  innocent  man,  and  we^ddaol 
stir. 

L.  C. /.  WeD,  ask  hhn  what  yon  will,bst 
hisdedanrtionofhisown  innooenceesBaotht 
taken  for  evidence. 

Sir  H.  Hobart,  He  says,  sinoe  this  pktsii 
disooversd,  he  vnw  going  one  day  to  visit  Mr. 
Hampden,  and  ^ng  through  Long- Acre,  ki 
met  a  French  minister,  a  Savoyard  mimslflr^ 
But,  mykird,  he  spcfdm  so  ^MtandgoesM 
with  so  much  at  a  lune,  tbat  I  cannot 
her  it  all. 

Mr.  WiUiamw.  Well,  what  said  that 
to  him? 

Sirif.  Hoktrf.  He  says  this  ministarsdod 
him  if  Mr.  Hampden  was  not  opncemed  is  lis 
plot,  and  upon  that  he  went  and  toU  bim  whii 
the  minister  had  said  to  him.^He  mj^kt 
told  Mr.  Hampden,  that  the  dnkeof  ModmA, 
and  my  kard  Grey  were  hid— He  sajrs,  spi 
tbat  Mr.  Hampden  said  to  him,  I  will  sera 
fly,  nor  conceal  myself,  for  my  camofBOM  » 
proachea  me  in  nsthiar. 

L.  C.J.  Ask  him  why  does  he  tfaisklb 
French  minister,  the  Savoyard,  as  be  eslk  kin 
should  aak  whether  Mr.  Hampden  were  ia  is 
1^? 

Sir  H,  Hobart.  He  saya  Mr.  Hampdamii 
he  wouUI  radier  die  innocent  than  tfy  witbtha 
imputation  of  guik  upon  him; 

L.  C.J.  But  ask  him  the  fnestioB I pH, 
why  ahoold  that  Savoyard  parson  say  ■•? 
What  reason  had  he  to  think  Mr.  fivvdn 
was  in  the  plot? 

Sir  H.  SMnrt.  He  says  the  miaiilar  M 
ask  him,  but  he  canaotteii  what  reassabeb^ 
to  think  so. 

Att.  Gss.  Pray,  sir  Henry,  ask  biai  Ak 
questiflo;  how  long  ago  St  was  since  bs  M> 
him? 

Sir  H,  Hobart,  Poor  years,  he  wyi. 

Att.  Gen.  Where  was  it,  in  Eoghart  « 
France? 

mrH.  Hobart.  Whilst  he  lived  in  Biota*' 


bui'v  he  littif 

Ml.Wiinam.  CaUDr.Needbamaadlfae- 
sienr  Jii^tell.  [Who  •appeared.  And  tfooeetf 
Justdl  was.swom.]  Pray,  Sir  H.  Hobsrt^ 
you  ssk  Monsieur  JnateU,  who  spesks  FVcaff 
too,  if  he  know  any  thing  of  Mr.  Hampdeff^ 
leaolote)  to  travH  wifh  Mr.  Monotsgot  u^ 
France?  '    .,  _m 

Sir  IT.  Hobdri.  He  says.  Yes.  Hedidtj 
him  he  wasgomg  into  Franee,  and  be ovvrt 

to  carry  some  books  for  him  ahmg  with  hm 
Ut.Williom.  Whatodmp«iyin»lM^^ 
in,  and  whatline?  - 


1101]        STATE  TRIALSj  360HABLB8lt.  l684«-/ar  a  Mkdtmeanar.        [iios 

Sr  H,  Hchart,  He  says^  SKr,  be  cuinot  be 
«xact  1o  the  month  when  Mr.  Hampden  vpike 
•f  ffoiif r  ^er,  but  he  savs  it  was  a  great  while 
were  wis  plot  came  to  be  diacovered. 

Mr.  Wiiiiamt.  Was  it  some  moatlis  before? 

Sir  M,  Hohart,  It  was  a  month  before  it  was 
known,  he  says. 

Mr.  WiUimns*  la  what  company  was  he 
toffo? 

Sr  H,  Hobart.  He  said^  he  was  to  go  with 
Mr.  Motmtague. 

Mr.  Conyars,  Pray,  Sir,  will  yon  ask  him, 
was  he  employed  to  get  any  Frendi  servants 
to  be  with  him  P 

Sir  H.  Hohart,  Yes,  he  says. 

X.  C.  J*  Ay,  bat  what  was  <he  question  ? 
For  there  is  such  a  crowd  of  people  before  the 
oounseli  that  the  €k>nrt  cannot  hear  Mr.  Con- 
ycrs'squestion. 

Mr.  Conyert.  My  lord,  I  asked  him  whether 
fae  was  emploved  to  get  any  French  servants  to 
be  with  Mr.  Hampden. 

Sir  H.  Hobart.  Yes,  lie  says. 

In  C.  /.  Well  there  is  Dr.  Needham,  what 
do  you  ask  bim  ? 

Then  Doctor  Needkam  was  sworn. 


Mr.  WiUiami.  We  call  Dr.  Needham  for 
Ibis  purpose,  my  lord,  to  pror^  that  these 
f^tlemen  that  are  accused,  Mr.  Hampden, 
and  my  lord  of  Essex,  and  the  others,  had  very 
little  esteem,  and  mean  opinion  of  my  lord 
Howard.  And  how  one,  they  so  tittle  es- 
teemed, should  be  let  into  so  great  a  secret, 
win  be  very  strange  to  imagine.  Dr.  Need- 
ham, pray,  what  can  you  say  of  any  of  these 
sentlemen's  opinions  of  my  lord  Howard? 
What  opinion  bad  my  lord  ot  Essex  of  him  ? 

L.  C.  /.  Is  my  lord  of  Essex  now  before 
us  ?  What  is  that  to  this^  case,  Mr.  Williams  ? 
l«t  my  lord  of  Essex  have  what  opinion  he 
woinld  of  him  ;  how  does  that  concern  the 
^Bleadant? 

'  Mr.  Wiliiana.   I  teQ  yon  why  I  offer  it, 
my  lord 

Z,  C.  J.  But  pray,  ofier  what  is  evidence, 
and  keep  to  the  ousiness  before  yo«. 

Mr.  wUliam$»  '  Falsusm-uao^  iaistts  in  dm- 
'  nibos.'  If  we  can  prove  that  what  he  haA 
■aid  of  my  lord  of  Essex  is  folse,  he  is  not  to 
be  believed  against  the  defendant* 

Att.  Oen.  Ay,  bat  upon  the  evidence  of  my 
lonl  Howard,  all  the  rest  wefe  owmded. 

Mr.  WiiUams.  I  ofier  it  only  upon  what  is 
bere  to  day  before  yoo,  he  sa^s,  my  client,  and 
my  lord  of  Essex  were  confederate  with  him 
upon  such  a  design.  Now  if  my  k>rdof  Enex 
was  not  there,  tiKn  he  is  folse  in  that,  and  that 
be  was  not,  we  offer  this  as  evidence. 

X.  C  J.  But  it  is  not  a  proper  evidenoein 
tbiiicase. 

Mr.  Willianu.^  It  is  a  sort  of  evidence— 

X.  C  J.  Ay,  it  is  a  sort  of  evidence,  but  it 
is  not  to  be  allowed.  If  you  vnll  prove  Mr. 
Hampden's  opinion,  you  may^  but  you  must 
not  for  him  bring  proof  of  what  my  lord  of 
Essex,  a  third  personi  tbougbt  or  my  lord 
Howard. 


Mr.  Williams.  I  only  offer  ittfavi 

X.  C.  X  Ofier  what  u  evidence,  man  !  You 
are  a  praoliser,  and  know  wbat  is  evidence, 
but  you  have  offered  two  or  three  things  to 
day,  that  I  know  yon  do  at  the  same  tima 
know  is  not  evidence,  and  I  spttk  it  that  it 
may  not  be  thought  we  deny  yon,  or  your 
client  any  thing  that  is  accordmg  to  the  course 
of  law.  You  that  know  the  law,  ^now  it  ia 
so  as  we  say.  Mr.  Attorney  has  gratified  yott 
in  waving  three  orfoifr  things  already,  but  no- 
thing wiU  satisfy,  unless  we  break  the  ooursa 
of  otner  trials. 

Mr.  Wiliiams.  My  lord,  wblat  I  take  not  to 
be  evidence  I  do  not  offer,  and  where  the  Court 
over-rules  me,  I  have  not  insisted  upon  it. 

X.  C.  X  No  ? 

Mr.  WilUams.  No,  my  lord. 

X.  C.  X  But  you  would  have  insisted  upon 
it,  if  Mr.  Attorney  would  not  have  been  so  easy 
as  to  consent,  and  the  Court  would  have  lei 
you.  Pray  keep  to  the  business,  and  t1i« 
methods  or^law;  you  know  the  kw  very  welL 

Mr.  Williami,  My  lord,  I  humbly  appre- 
bend  this  may  be  evidence,  and  1  lay  it  befoi^ 

J^ou.  My  lord  Howard  has  proved  that  my 
ord  of  Essex  and  five  more,  of  which  Mn 
Hampden  was  one,  met  and  consulted  about 
such  matters.  We  may,  I  hope,  be  admittM 
to  ^ve,  that  my  lord  of  Essex  was  not  there; 
for  if  we  can  takeoff  his  positive  proof,  as  W 
any  one  of  thedroumstanoes,  we  take  off  fiiviii 
the  truth  of  the  fact  If  all  the  persons  were 
not  there;  then  my  lord  Howard  is  mistaken 
in  that,  and  aocordbgly  must  not  be  betierdi 
in  the  rest;  therefore,  my  lord,  I  press  it  no 
otherwise :  he  hath  proved  these  six  persona 
were  there.  I  offer  this  as  some  evidence^ 
That  it  is  unlikely  it  should  be  so,  because  my 
lord  of  Essex  had  so  little  opinioa  of  my  loi^ 
Howard,  that  he  would  never  consult  with  him 
about  any  matter. 

X.  C.  X  Then  certainly  my  lord  Howard  im 
to  be  believed,  to  all  intqnts  and  poiposes,  fop 
here  is  a  record  of  the  conviction  of^my  lori 
Russdl,  and  of  ookmel  Sidney,  and  all  upon 
the  testimony  of  this  gentleman,  my  lord  How- 
ard ;  and  is  not  that  more  to  support  his  credit^ 
than  a  flying  report  of  a  third  person's  opimm 
of  him.  And  yet  after  all  we  say,  it  is  no  evi- 
dence against  Mr.  Hampden,  and  has  been 
waved  by  Mr.  Attorney. 

Mr.  William.  Then  I  will  not  press  it^  my. 
lord. 

Just.  Withem.  It  is  no  evidenoe,  ceitatnlTt 
Mr.  Williams. 

X.  C.  X  It  seems  my  lord  Esseac  bad  sooii^ 
an  opinion  of  my  lord  Howard's  evidence,  that 
bethought  fit  to  cut  his  owtf  throat,  lathcff 
than  abide  the  triak 

Mr.  Wilimms.  CaU  Mr.  Murmy. 

£.  C.  X  Suppose  my  lord  of  Essex  hadeeM^ 
Hiat  he  was  out  of  the  plot,  and  Mr.  Ham^ 
den  was  in,  would  that  naycbeen  good  evi^ 
deuce  aj^ainst  Mr.  Hampden,  do  yeU  think  f 
Fray  nHud  wbat  is  the  business  before  you  P 

Mr.  WiUitmrn.  Swear  Nf.  Iforray.  XWhiA 
was  done.] 


1103]     ^TATE  TRIALS,  3S  Chaklks  II.   i6M.-^TVial  of  John  BMpitn,    [m 


X.  C.  J,  WeH,  what  do  you  ask  this  man  f 

Mr.  WHiiams.  My  lord,  we  call  him  as  to 
what  I  opened  of  my  lord  Howaod's  opinion  of 
the  world  to  oom^,  and  rewards  and  punish- 
ments there. 

L*  C.  /.  Mr.  Williams,  Pray  take  notice  of 
this:  private  discourses  that  people  cannot 
cometo  make  answer  unto,  because  tney  cannot 
imagine  to  have  them  otgected,  are  a  very  odd 
sort  of  evidence. 

Mr.  Willianu.  Therefiftre  I  opened  it  warily 
and  tend^y  ;  my  lord,  the  witness  will  tell 
you  the  storv  better  than  I. 

L,C,J.  I  cannot  tell  what  Mr.  WiUiams 
has  said,  or  I  have  sud  in  heat  of  talk  or. 
vanity.  God  knows  how  often  all  of  ps  have 
taken  the  great  name  of  God  in  vain :  or  have 
said  more  than  becomes  us,  and  talked  of 
things  we  should  not  do. 

Alt*  Gtn,  My  lord,  how  can  my  lord 
Howard  be  prepared  to  give  an>[  answer  to  this  ? 

L.  ifoward.  My  lord,  this  presses  hard 
upon  mv  reputation,  my  lord.  I  profess  before 
God  I  00  not  know  this  fellow,  I  never  saw 
bim  in  my  life  before  as  I  know :  but  a  com- 
pany of  unpudent  fellows  take  the  liberty  of 
aaying  what  they  please. 
.  L.C*  J.  To  rake  into  the  whole  course  of 
a  man's  life  is  very  hard. 

L.  Howard.  I  wonld  fain  have  these  fdk>ws 
dare  to  say  this  any  where  else  of  me. 

Mr.  William.  WeU,  my  lord,  we  will 
irave  it. 

L.C.J.  They  do  not  think  it  a  fit  thing  to 
*]^ressit. 

L..  H/ward.  Bat,  my  lord,  it  concerns  me 
in  my  reputation;  who  is  this  rascal  they 
bring  nere  ?  God*s  life,  who  is  he  P 

Z.  C.  /.  We  must  be  tender  of  men's  repu- 
tation, and  not  let  every  thing  come  as  evi- 
dence when  it  is  not  fit  to  be  evidence,  to  put 
slurs  and  scandals  upon  men. that  they  cannot 
he  pr^Hored  to  wipne  off.  Is  he  convicted  of 
any  crime  ?  If  he  is,  you  say  something,  shew 
^e  record  of  it. 

,  Just.  Withins,  Mr.  Williams.  You  know  the 
case  adjudged  lately  in  this  Court,  a  person 
was  indicted  of  focgery,  we  would  not  let  them 
ffive  evidence  of  any  other  forgeries,  but  that 
fi>r  which  he  was  indicted,  because  we  wonld 
■ot  suffer  any  raking  into  men's  course  of  life, 
to  pick  up  evidence  that  they  cannot  be  pre- 
fiared  to  answer  to. 

■  Mr.  Williamt.  We  have  that  respect  for  my 
lord's  honour  too,  as  not  to  press  it,  only  we 
had  it  in  our  briefs,  and  we  must  go  according 
|o  our  higtnictions. 

L.  Howard,  I  desire  to  know  who  that 
rascal  is  ?  What  is  he  P  Where  does  he  live  ? 
I  will  make  him  an  example. 

X.  C.  /.  Pray  compose  yourself,  my  lord, 
there  is  nothing  of  this  pressed. 

L.  Howard.  To  say  I  am  an  atheist,  my 
lord 't  What  can  be  a  greater  reflection  P 
.  .£.  C.  J.  He  has  not  UAd  us  any  such  thing 
as  yet.    And  we  will  take  care  tnat  nothing 
dwi| )«  offerad  Itut  wiial  is  fitting.  ^ 


L.  Howard.  1  vow  to  God,  my  loid,  I  ii 
not  know  the  man. 

L.  C.  /.  My  lord,  do  you  think  that  even 
thing  that  a  man  speaks  at  the  bar  ftr  la 
client,  and  his  fee,  is  therelbre  to  be  bdM, 
because  he  said  it  P  No,  the  jury  aiett  tdu 
nothing  here  for  evidence  to  gokle  then  <f 
what  the  counsel  say,  but  what  isappnni 
They  are  to  judge  <  secundum  slkgala  « 
<  probata,'  that  is  their,  duty. 

L.  Howard,  Does  that  fdkiw  look  fikii 
man  of  that  figure,  that  I  should  say  any  ting, 
or  have  any  conver^on  with  him  ? 

L.  C.  /.  My  lord,  I  don't  know  wbatbek 
Go  on,  gentlemen. 

Mr.  Williams.  My  lord,  we  have  done  vilb 
our  evidence.  If  Mr.  Attorney  will  lotrek 
here,  we  will. 

Att.  Gen.  My  lord,  we  won't  mistznst  Ik 
evidence,  nor  the  conrt 

Mr.  Hampden..  My  lord,  I  desire  to  tpaki 
word  myself,  if  you  please. 

L.  C,  J.  A V,  m  God's  name.  You,  or  fn 
counsel,  I  will  hear  all  you  will  say,  aod  a 
long  as  you  will  speak,  provided  yoa  fpik 
within  the  bounds  of  decency. 

Mr.  Williams.  My  lord,  I  think  it  bat  n 
leave  it  to  the  court :  We  hope  we  make  it 
clear  that  our  client  is  innocent. 

L.  C.  J.  Would  to  God  you  were  itamoaf, 
that  is  the  worst  wish  I  wish  you,  but  we  vil 
either  hear  him  or  you  speak,  speak  as  kwf  a 
you  will. 

Mr.  Wallop.  My  lord,  I  desire  to  make  M 
one  observation. 

L.  C.  J.  Ay,  in  God's  name  make  what  4 
servations  you  will,  Mr.  Wallop,  I  hiodenf 
you  from  n^ing  your  observations  at  first,  to- 
cause  I  knew  it  woukl  be  desired  after  the  tri- 
dent Was  over. 

Att.  Gen.  Then,  my  lord,  I  expect  to  ke 
heard  too.  If  Mr.  Hampden  makes  s  speedi, 
I  will  reply,  or  if  his  counsel  do  it,  1  esft^ 
the  last  word,  for  I  will  have  neither  the  paity, 
nor  the  counsel  to  speak  after  I  have  synuatA 
up  the  evidence  for  the  king.  Mr.  HamjMka 
and  his  counsel  are  aM  one. 

Mr.  Wallop.  I  have  but  one  short  obaon- 
tion  to  mtke, 

L.  C.  /.  Go  on  dien,  Mr.  WaUop,  and  i^ 
what  you  wiD.  *    . 

Mr.  Just.  Withins.  I  think  it  is  very  fit  jw 
should  do  it  of  both  sides ;  it  is  a  cause  of  gi«>t 
concernment. 

Mr.  Williams.  My  loid,  we  wUl  kflTe  it 
here,  I  think. 

L.  C  J.  Take  your  own  course,  do  liot^ 
we  hinder  you  of  saying  what  yoa  wfll  w 
your  client. 
.  Att.  Gen.  Let  them  do  what  they  will. 

L.  C.  J.  1  will  sit  stiU,  make  speeches  erery 
one  of  you  as  kmg  as  you  will.  . 

Mr.  Just.  Walcat.  It  is  fit  they  shouHiraetf 
what  they  can  for  the  advantage  of  tbeir  disBt. 

Mr.  William.  My  lord,. we  leave  it  to  «»* 
oourt. 

£.  C.  J.  Qonamep  of  the  juiy,  ^  ^' 


X 1 05]        STATE  TRIALS,  36  Chablbs  U.  i684.— /or  a  Mi$iemeanar.        [  l  io6 


has  been  something  long*,  nnd  the  conn- 
both  for  the  king,  and  for  Mr.  Hampden, 
■qg^nst  whom  this  indictment  has  already  been 
found  by  the  grand  jury,  having  left  it  to  the 
court  to  sum  up  all,  1  shall  do  it  as  well  as  I 
ocui :  And  the  question  before  you,  gentlemen, 
isy  whether  the  defendant  be  guil^  of  the  of- 
fence charged  in  the  indictment,  or  not  guilty, 
&iid  there  having  been  so  long  an  evidence  on 
the  one  side,  ai^d  on  the  other,  it  will  be  fit  for 
me,  according  to  the  best  of  my  remembrance, 
to  help  yonr  memories,  by  recollecting  what 
Ixwks  been  said  on  both  sides,  which  T  shall  do  as 
nettr  as  I  can,  and  if  my  brethren  will  please 
to  supply  any  thing  that  shall  be  omitted  by 
me,  nay,  if  the  counsel  for  the  king^  or  for  the 

Ei-ifloner,  will  put  ns  in  mind  of  any  thing  that 
as  been  spoken,  and  proverl  either  against,  or 
Ibr  the  party  indi<ited,  m  Gotl's  name  lot  them 
have  liberty  to  speak  it :  For  it  is  fit  the  ques- 
tion should  be  left  before  you  with  all  fairness ; 
and  according  to  the  best  of  my  observation 
and  memory,  thus  it  stands. 

The  first  thing.  Gentlemen,  thst  is  consider- 
able to  you,  is,  that  there  is  such  an  indictment, 
as  has  been  already  opened  unto  you,  tliat  is 
preferred  against  Mr.  Hampden,  that  does  set 
'  forth,  that  Mr.  Hampden  is  a  seditious  person, 
and  a  man,  acconling  to  the  language  of  the 
indictment  Twhich  were  words  of  course  and 
form  in  an  mdictment  of  this  nature)  of  an  evil 
disposition,  designing  to  disturb  and  distract  the 
goremment,  and  that  he,  ivith  several  other 
persons,  did  conspire  to  bring  in  troubles,  and 
perplexities  upon  the  government;  and  in 
order  to  that,  that  there  were  some  meetings 
between  him  and  several  other  persons,  and 
that  there  was  a  design  to  conciliate  some  per- 
sons of  another  nation  to  go  along  with  them  in 
their  design,  particularly  some  in  the  kingdom 
of  Scotland.  This  is  the  purport  in  the  indict- 
nent,  to  which  the  defendant  has  pleaded  not 
guilty. 

Gentlemen,  the  evidence  for  the  king  has 
been  of  this  sort,  they  did  at  the  beginning, 
which  yet  1  must  tell  you  by  the  way;  is  not 
any  thing  of  evidence,  but  the  king's  counsel 
would  make  some  overtures  to  press  on  their 
side,  as  the  defendant,  and  those  that  are  of 
counsel  for  Mr.  Hampiden,  have  made  some 
little  bints  to  press  on  their  side,  that  some  wit- 
nesses the  one  and  the  others  would  have  had 
here,  were  subpoenaed,  but  could  not  be  here. 
It  seems  by  the  proof,  here  was  a  meeting,  as 
it  was  between  six  several  persons,  and  tbey 
name  them,  the  duke  of  Monmouth  was  one, 
the  lord  Howard  another,  the  lord  Rassell  a 
tiiird,  the  earl  of  Essex  a  fourth,  Algernon  Sid- 
ney a  fifth,  and  Mr.  Hampden  the  sixth.  As 
for  my  lord  of  Essex  he  is  gone  to  his  long 
home,  my  lord  Russell  and  Mr.  Sidney  have 
received  sentence,  and  been  executed.  So 
there  remains  three  surviving,  and  say  they 
that  are  for  the  king :  We  produce  my  lord 
Howard,  and  we  have  taken  care  to  summon 
the  duke  of  Monmonth,  by  leaving  subpoenas 
where  it  coidd  be  thought  he  was  to  be  met 

VOL.  IX. 


with,  with  promises  of  his  servants  to  deliver 
them  to  him  in  order  to  have  the  duke  to  be  a 
witness  for  the  king  this  day.  I  pre.^ume  the 
meanintr'^  is,  they  would  infer  from  that,  that 
they  wonld  give  an  account  of  the  fairness  of* 
this  proceeding,  though  it  has  beq^i  a  matter 
that  has  obtained  a  sort  of  belief  in  the  world, 
as  though  the  duke  of  Monmouth  had  doiufd 
that  there  was  any  such  thing  as  this  confede- 
racy and  conspiracy:  And  that  has  given  peo- 
ple occasion  to  be  of  very  difierent  opinions  and 
persuasions  about  the  matter ;  but,  say  they, 
to  shew  we  are  not  afraid  to  have  the  truth 
come  out,  wc  hdve  done  as  much  as  in  us  lay 
to  get  this  person  hither :  Therefore  we  ha/e 
left  subpoenas  at  his  houses,  at  his  lodging  with 
his  servants,  ^nd  they  have  promised  to  take 
care  they  should  be  delivered  to  him,  and  he  is 
not  come.  Against  this,  on  the  other  side,  say 
they  for  the  defendant,  we  have  taken  all  the 
care  we  could  to  bring  my  lord  Anglesey,  who 
was  tq  hove  been  a  ^>  itness  far  the  advantage 
of  the  person  indicted ;  but  my  lord  Anglesey 
is  at  present  afflicted  with  a  fit  of  the  gout,  and 
for  that  very  reason  we  'cannot  have  him  here. 
And  so  they  shew,  that  they  haf  e  been  very 
zealous  to  get  witnesses  on  tiieir  side  to  vindi- 
cate their  reputation,  but  they  did  not  meet 
with  that  effect  that  they  desired.  These  two 
things,  gentlemen,  are  matters  that  are  used 
botli  against  him  one  way,  and  for  him  another. 

But  now  to  come  home  to  the  evidence  upon 
which  this  matter  is  to  turn,  and  here  yon  are 
to  consider,  that  whatsoever  has  been  said  or 
offered  by  the  king's  counsel  on  the  one  side, 
orthe  counsel  fi>r  the  defendant  on  the  other 
side,  (I  call  him  so,  for ,  it  is  but  a  trespass 
though  a  great  one)  you  must  not  take  into 
your  consideration  at  all  any  further  than  as 
their  allegations  are  supported  by  the  testimony 
that  has  been  given :  and  whatsoever  the  wit- 
nesses have  said  either  lor  or  against  him,  and 
out  of  that  testimony  as  near  as  1  can  remem- 
ber I  will  give  you  the  objections,  and  their 
answers,  with  the  observations  that  have  been 
made,  or  do  naturally  arise  out  of  the  iacts  in 
proof. 

My  lord  Howard,  in  the  first  place,  gives 
an  account  of  this  matter,  and,  gentlemen,  the 
times  will  be  wonderful  material,  and  therefore 
I  beg  you  woald  take  a  pen  and  ink,  and  mark 
these  material  circumstances  as  you  go.  For 
in  all  matters  of  fact  positively  proved,  which 
also  have  their  credit  supported  bycircum* 
stances  which  do  accompany  them,  the  testi- 
monies given  of  such  facts  are  to  be  valued  ac- 
cording as  those  circumstances  keep  touch 
with,  and  humour,  as  I  may  so  say,  the  fact 
that  they  are  to  evidence  the  truth  uf. 

My  lord  Howard  does  therefore  in  the  first 
place  acquaint  you,  that  about  Michaelmas 
there  was  a  discourse  between  him  and  my 
lord  of  Shaftesbury,  and  that  was  concerning 
a  rising  intended  to  be  had,  and  be  tells  3'ou 
how  that  my  lord  Shaftesbury  vrUM  fully  re- 
solved upon  it ;  that  things  at  length  came  to 
Aat  pass,  that  he  was  forocd,  to  go  from  his 


ri07]     STATE  TRIALS,  36 Charles  1L  l684.— TWa/  i^Jokn  Hmpden,    [lio$ 


own  house^  as  he  said,  being  disappointed  by 
the  duke  of  Monmouth  and  others  who  liud 
promised  to  join  with  him,  .and  was  retired  to 
the  house  of  one  Watson  in  or  near  Woodstrcct. 
But  he  understanding  uhere  he  was,  my  lord 
Howard  Ment  to  him,  (I  think,  he  says,  my 
lord  ShafiAsbury  sent  to  him)  when  he  came 
roy  h)rd  Shailesbury  fold  liini,  that  although 
there  had  been  such  a  disappoint'ment  by  those 
persons  he  named,  yet  that  did  not  takeofi'  his 
edge,  but  he  was  resolved  to  go  on  himself, 
nay,  though,  his  body  \%as  infirm,  yet  lie  would 
be  set  on  horseback,  though  he  was  titled  up, 
to  appear  in  the  head  of  a  party  that  he  had 
prepared,  and  were  ready  when  be  would  call 
them.  And  he  began  then  to  reflect  upon  the 
disappointment  of  the  duke  of  Monmouth,  and 
as  though  the  duke  of  Monmouth  had  only  a 
prospect  to  advance  himself,  and  had  only  an 
eye  upon  his  own  particular  interest.  That  he 
80  managed  matters,  as  if  he  designed  to  have 
the  sole  dispoRitioa  of  all  things  whatsoever, 
and  began  to  be  uneasy  with  the  duke  of  Mon- 
mouth. My  lord  Howard  did  endeavour  to 
have  prevailed  with  my  lord  of  Shaftesbary  for 
a  reconciliation  betiveen  the  duke  of  Monmouth 
and  him,  it  being  a  matter  that  required  so 
much  safety  and  security,  and  did  desire  him 
that  be  would  have  some  intercourse  with  the 
dake  of  Monmouth,  in  order  to  conciliate  a 
friendship  between  them,  that  they  might  go 
hand  in  hand.  You  find  he  was  under  some 
difficulties  about  this  matter,  he  was  not  able 
to  bring  the  thine  about ;  for  afler  he  had  spake 
with  the  duke  ofl^Ionmouth,  and  prevailed  with 
him,  my  lord  of  Shaftesbury  was  peevish,  and 
talked  at  a  distance,  and  when  he  had  appointed 
a  meeting  one  time,  it  was  prevented  ;  my 
lord  Shaftesbury  went  away  into  Holland,  and 
there  died  in  Holland.  This  is  tlie  substance 
of  what  my  lord  Howard  says  as  to  tltat 
matter. 

But,  Gentlemen,  this  is  material,  and  I  will 
tell  you  why  .1  think  it  material ;  because  the 
counsel  for  "the  defendant  have  made  it  an  ob- 
jection particularly  to  my  lord  Howard^s  testi- 
mpny,  that  my  lord  Howard  is  particuhir  as  to 
the  Slay  afler  Michaelmas-day,  but  he  is  not 
so  particular  when  he  eomes  to  speak  of  other 
times  upon  which  the  true  question  before  you 
-depejids.  For  now  he  speaks  more  generally 
as  to  the  meetings  at  the  defendant's,  and  my 
lord  Russeirs,  that  they  were  about  the  middle 
'  of  January  and  the  beginning  of  February,  and 
is  not  particular  as  to  the  day.  I  speak  of  this 
because  that  has  been  made  use  or  as  an  ob- 
jection a^nst  my  lord  Howard's  testimony. 
And  J  will  tell  you  as  near  as  I  can,  all  toe 
objections  that  have  been  .made  against  this 
"testimony  af^r  such  tune  as  I .  have  settled  it, 
and  laid  before  you  what  the  whole  of  it 
amounts  to. 

Then  comes  my  lord  Howard  and  says,tliat 
meeting  with  the  duka  of  Monmouth  some 
time  aherthis  they  began  to  talk  together, 
and  they  thought  vhat  though  the  business  had 
/ailed  in  th«  managcry  of  my  lord  «f  Shaftes- 


bury, yet  it  was  fit  there  should  bea  rcaasoai- 
ing  of  the  business  again ;  but  in  order  to  tit- 
tle matters  that  things  may  not  go  incoQ' 
siderately  on,  it  was  thought  (it  that  Ihej 
should  resolve  themselves  into  a  certain  natrf- 
her  that  were  conGdent  one  of  another,  in  order 
to  steer  and  transact  these  matters  the  better 
among  themselves.  And  they  must  he  persooi 
fit  to  ^  trusted,  and  for  whom  there  should  be 
au  undertaking  among  them  for  their  faithful- 
ness and  integx'ity  ;  for  all  persons  are  not  fit 
to  be  trusted,  but  only  such  as  theys^pted 
upon.  The  duke  ofAlonmouth  he  undertook 
for  my  lord  of  Essex  and  my  lord  Russell, 
those  were  the  persons  for  whom  he  would  en- 
gage, as  likewise  for  my  lord  Salisbory.  Aod 
then  they  began  to  talk  of  some  more,  parti- 
cularly of  Mr.  Sidney,  but  he  was  a  cvaical 
man,  and  a  philosopher,  and  they  were  nrst  to 
come  to  him,  and  to  treat  with  him  in  another 
manner  than  the  rest.  He  was  not  to  appeu 
as  the  duke  of  Monmouth,  but  to  take  bun  io 
his  retirement  and  privacies,  and  then  thef 
might  be  the  better  able  to  break  the  matter  to 
him.  And  he  says  accordingly  there  ms  % 
time  designed  on  purpose;  and  at  that  sans 
time  the  duke  or  Monmouth  and  my  lord 
Howard  did  go  and  attack  Mr.  Sidney ;  tb^n 
found  him  on  a  private  day,  and  dined  win 
him ;  and  upon  that  dinner  the  whole  matter 
was  broke  up,  and  put  into  some  method ;  tbea 
^^as  the  whole  design  contrived  as  to  the  per- 
sons that  were  to  be  engaged  in  this  matter  i 
and  he  says,  they  agreed  upon  six.  Tbedakt 
of'Mourauuth  undertook  for  my  lord  of  Essex, 
and  my  lord  Russell  and  colonel  Sidney  under- 
took for  Mr.  Hampden.  He  speaks  of  my  loid 
of  Salisbury ;  but  my'  lord  of  Salisbury  wsi 
never  there  amoag  them,  and  so  I  put  hiip 
out  of  the  case,  I  quit  him  from  being  of  tbetr. 
number,  because  there  were  but  six  in  all,  sir 
lord  of  Essex,  and  my  lord  Russell,  who  were 
undertaken  for  by  the  duke  of  Monmouth,  }lr. 
Hampden  undertaken  for  by  Mr.  Sidney,  and 
my  lord  Howard  ;  for  by  that  time  Mr.  Hamp- 
den was  come  into  the  matter  upon  colonel 
Sidney's  undertaking. 

Now  we  are  got.  Gentlemen,  by  these  stepf 
till  we  come  about  the  middle  of  January ;  but, 
says  my  lord  Howard,  I  cannot  positively  sajt 
it  was  this  dav,  or  that  day  of  the  month ;  but 
beingp  about  the  middle  of  January,  I  conjec- 
ture It  was  about  the  14th,  but  he  is  not  posi' 
tive  to  the  day.  He  says,  accordingly  diey 
went  to  Mr.  Hampden's  house,  which  was  the 
place  first  designed  for  them  to  meet  in- 
He  says,  there  accordingly  they  did  all  sis 
meet;  and  that  it  being  Mr.  Hampden i 
house,  they  thought  it  most  proper  for  bun 
who  was  master  of  the  house,  who  Q^J? 
bids  his  guests  welcome,  to  break  silence,  ^ 
to  impart  the  business  of  the  design  they  in^ 
about.  He  says,  accordingly  Mr.  Hamp^^B, 
after  the  first  compliments  of  eatertaiiinaeDt, 
did  give  an  account  of  the  busbess  tbe?  wers 
come  about,  and  that  it  was  in  order  to  safe  a 
rifling.    This,  he  says,  was  proposed  by  w 


1 109]         STATE  TRIALS,  $6  Charles  lU  l684.— /or  a  Misdemeanor.        [mo 


Hampden.  He  telli  yoa,  then  tliey  fell  into 
debate  about  the  time  when,  couceruing  men, 
And  arms,  and  rooDey ;  and  likewise  concern - 
ingp  the  places.  He  tells  you  the  places  nvli^ein 
the  rising  was  designeil  to  be,  were  Devonshire; 
Cheshire,  Somersetshire,  and  other  places,  that 
is,  as  to-the  circumstance  of  the  place.  Then 
he  tells  vou  cooojming'  the  time ;  it  was  de* 
bckted,  Whether  it  should  he  all  at  one  tim^, 
or  at  several  times ;  whether  they  should  only 
begin  here,  and  the  country  fall  in,  or  all  at 
once :  that  likewise  they  had  in  consideration 
the  business  oY*  roone^,  and  that  his  grace  the 
duke  of  Monmouth  did  speak  of  30  or  35,000/. 
or  some  such  sura  at  that  time.  But  then,  as 
was  natural  tor  men  of  deliberation  and  consi- 
<leration  to  consult  about,  they  took  into  debate 
that  the^  mi^ht  not  go  headk>ng,  to  endeavour 
to  conciliate  another  party  to  chime  in,  as  he 
says,  alon^  with  them,  in  the  business  they 
were  goin^  about;  and  accordingly  it  was 
thought  tit  and  proposed,  That  there  should 
bo  an  endeavour  to  conciriate  a  friendship  with 
some  persons  in  Scotland,  to  fall  in  with  them ; 
and  then  ho  tells  you  who  the  persons  were 
that  were  named :  some  of  the  names  he  re- 
members, and  others  he  has  for|p>t ;  be  speaks 
particularly  of  the  Campbells,  sir  John  Cock- 
ram,  and  my  lord  Melvin :  and  he  says,  other 
persons  were  mentioned,  but  he  cannot  re- 
member their  names;  and  my  lord  Russell 
knew  some  of  these  persons,  and  the  duke  of 
Monmouth  knew  some  others  of  them,  because 
of  bis  near  relation  to  tlie  earl  of  Argyle,  the 
person  that  you  know  was. proscribed  for  trea- 
son in  the  kingdom  of  ii^ootland.  Ue  says, 
that  so  far  the  debate  pf  this  matter  went,  that 
they  thought  (it  a  messenger  should  be  pro- 
vided, a  trusty  man  to  be  sent  into  Scotland  to 
treat  with  these  gentlemen  about  this  matter ; 
and  my  lord  Ri^sdl  I  think  he  says,  under- 
took to  write  a  letter  to  be  carried  by  this  mcs< 
senger  to  these  Scotch  gentlemen. 

He  says,  pursuant  to  this  consultation  at 
Mr.  Hampden's^  a  fortnight  after,  or  there- 
abouts, which  brings  it  up  to  the  beginning  of 
February,  then  was  the  meeting  at  my  lord 
Russell's  house,  and  thers  they  debated  these 
matters  orer  again,  and  the  whole  manageir 
of  sending  a  messenger  into  Scotland  was  left 
to  the  discretion  of  colonel  Sidney,  and  he  un- 
dertook that  work,  that  was  his  post  that  he 
was  to  manage ;  and  he  does  say,  that  he  does 
▼ery  wdl  remember,  that  Aaron  Smith  was  the 
person  proposed  then ;  and  though  he  was  un- 
KDOwn  to  some  of  the  company,  yet  be  was 
well  known  to  others ;  and  by  reason  of  that 
Icnowledgethat  others  bad  of  him,  they  looked 
upon  him  as  a  person  very  fit,  and  every  way 
qualified  for  it. 

So  that,  Gentlemen,  here  is  proved  a  consul- 
tation in  order  to  the  raising  of  men  to  infest 
the  government ;  a  discourse  concemiag  money 
and  arms  for  this  end,  and  the  places  where, 
and  the  time  when ;  and  of  oonciliating  a 
friendship  with  some  discontented  penons  in 
Scotland,  to  joinf  and  chime  in  with  these  cod- 
spirators  in  Eogla&d. 


And  then  there  is  yet  another  circumstance 
very  remarkable,  because  thongh  my  lord 
spak^  it  not  at  the  snme  time  that  he  delivered 
his  testimony ;  yet  upon  the  question  asked,  he 
gives  you  a  plain  account  of  it ;  and  it  has  a 
plain  aependaiice  Ufion  a>  'imt  went  before.  Said 
they  among  themselves.  It  (s  proper  for  us,  as 
near  as  we  can,  to  shut  the  ddor  against  any 
exceptions  about  these  men's  c<jming  lo  tre«it 
with  us ;  but  how  shall  we  get  them  hither 
without  suspicion  ?  We  tnust  have  some  vhntns 
or  cant  or  other,  to  be  a  pretence  for  these 
people  to  come  into  England ;  and  that  was 
agreed  to  be  about  some  plantation  in  Caro- 
Una. 

This,  he  says,  was  tlie  result  of  that  meet- 
ing ;  and  that  when  the  meeting  was  broke  up, 
about  three  or  four  days  afterwards  (mind  the 
circumstance  of  time,  gentlemen,  for  it  is  v«rj 
material),  colonel  Sidney  and  he  met  together, 
they  went  to  colonel  Sidney's  house,  and  there 
be  saw  him  take  money  out  of  a  till,  where 
there  were  several  hundreds  of  t^uineas,  or 
pieces  of  gold ;  and  as  he  believes,  he  says,  he 
took  threescore  guineas,  or  some  siich  sum ; 
and  told  him  it  was  to  giro  to  Aaron  Smith  in 
order  to  his  journey  into  Scotland :  ThAi  he 
went  out  with  him  in  his  coach,  but  Mr.  Sidney 
set  him  down  by  the  way,  and  he  himself  went 
into  London,  telling  him,  he  went  tp  that  pur- 
(>ose,  to  give  Aaron  Smith  the  money.  Some 
time  after,  about  a  week,  or  a  fortnight,  or  ten 
days  after  that,  he  says  he  met  with  Mr.  Sid- 
ney again  ;  and  he  says,  Mr.  Sidney  g^ve  him 
an  account,  that  he  had  heard  A.  Sinith  had 
been  at  Newcastle,. but  he  had  not  heard  of  him 
since  that  time,  and  that  is  another  circum- 
stance in  point  of  time^  gentleman ;  so  that 
you  have  here  a  positive  oath  made  by  my 
lord  Howard,  that  Mr.  Hampden  was  privy, 
and  consenting  to  all  these  debates,  as  to  the 
ndsing  of  men,  and  the  levying  of  money,  and 
about  tlie  conciliating  a  friendship  with  these 
men  of  Scotland,  and  about  sending  a  messen- 
ger into  Scotland  to  that  purpose.  And  if  mj 
lord  Howard  do  swear  true,  no  man  living  can 
doubt  but  that  Mr-  Hampden  is  guilty  of  this 
indictment.  The  first  meeting  was  at  his 
house,  and  there  he  did  take  notice  of  what 
had  been  formerly  done,  and  proposed  the 
things,  breaking  the  silence,  and  entering  into 
the  debate ;  which  shews  that  he  had  been  dis- 
coursing about  it  befi>re,  and  had  it  in  his 
thoughts  before,  or  .else  he  could  not  hava 
propounded  it  as  the  end  of  their  meeting. 

Now  this,  Gentlemen,  here  is  a  positive 
fact;  and  as  Mr.  Williams  says  true,  no 
man  living  can  give  any  answer  to  a  positive 
fact,  but  by  some  other  things  that  may  be 
circumstances  to  oppose  that  fact.  Now  ha 
says,  there  are  no  circumstances  that  have 
been  prov^,  that  wiU  ffive  any  credibility  to 
what  has  been  deposed,  besides  the  positive 
oath  of  my  lord  Howard.  So  that,  says  he, 
your  fact,  though  it  be  positively  sworn,  is 
not  supported  by  any  circumstances  of  the  fact, 
that  may  giye  credimlily  to  it.  And  he  objectSi 


1111]     STAT£  TRIALS,  36  Charlbs  II;  i684.--7K«/  ofJiAn  Uwnfim,    [lin 


r 

▼ery  materiaHy ;  for  if  it  be  not  supported  by 
c  redible  circuinstaDces,  then  indeed  it  would 
be  less  material ;  yet  I  cannot  say,  it  would 
not  be  at  all  material ;  it  is  material,  and  you 
are  to  determine,  whether  yoq  have  sufficient 
evidence  i^i\  en  you,  to  induce  you  to  believe, 
that  nhy  lord  Howard  is  at  this  time  guilty  of 
ivithil  and  malicious  peijiiry,  for  it  is  perjury, 
ami  that  in  the  highest  degree,  if  it  be  not  true 
that  he  says ;  and  God  deliver  all  mankind 
from  being  guilty  of  any  such  thing.  1  leave 
that  to  your  consciences,  gentlemen,  who  are 
the  judges  of  it. 

l}ut,  says  (he  king's  counsel,  here  are  cir* 
cu instances  that  do  support  our  fact,  and  the 
ercdibllity  of  it.  For,  first,  here  is  the  circum- 
staure  o('  Aaron  Smith,  who  was  sent  into 
Scotland  by  Mr.  Sidiiry  in  pursuance  of  tliis 
design,  aud  thiscircuini^tance  my  lord  Howard 
does  subjoin  tu  what  he  has  pasitively  affirmed 
against  the  defendant.  And  this  circumstance 
h  a  thing  that  may  be  helped  by  other  proof; 
and  what  is  this  circumstance  ?  Say  they,  that 
Aaron  Smith  was  sent  into  Scotland  ;  and  in 
order  to  prove  that,^  they  have  called  one 
8heriffe,  who  is  a  man  that  keeps  an  inn  at  the 
post  house  in  Newcastle,  from  whence  colonel 
•Sidney  told  my  lord  Howard  he  had  notice  o^' 
his  airival  at  Newcastle,  but  had  heard  no 
moro^of  him  after  that. '  And  Uiis  Sheriffe 
swears  directly,  I  saw  that  man  they  call 
Aaron  Smithy  when  he  was  shewn  to  me  before 
the  king  and  the  council ;  and  Mr.  Atterbury 
swears  he  shewed  Aaron  Smith  to  him,  and 
then  Sheriffe  swears,  that  man  you  shew- 
ed to  me  was  the  man  I  saw  at  my  house  at 
Newcastle,  that  chimes  in  with  the  circum- 
stance of  iiict  that  ]^Ir.  Sidney  heard  from  him 
at  Newcastle.  And  then  there  is  the  circum- 
stance of  time  when  he  saw  him  there ;  says 
he,  I  saw  him  the  Friday  before  Shrove- 
Tuesday,  which  they^in  the  north  call  Easter's 
Even.  He  came  to  my  house  on  Thursday 
isight,  and  Went  away  the  next  day,  Friday  ; 
and  ho  went  with  his  guide,  the  other  man, 
Doithward,  in  oi-der  to  his  journey  into  Scot- 
land, as  he  himself  said.  Says  he,  I  remem- 
ber the  time  very  particulai'ly,  it  was  the 
Friday  belbre  Shrove  Tuesday  last,  this  Fe- 
bruary was  twelvemonth  :  and  he  went  yet 
further,  says  he,  I  did  not  only  see  liim  when 
he  went  away,  but  when  he  came  back  again, 
lor  he  \ei\  his  man  at  my  house  all  the  time, 
and  he  tells  you  what  his  name  was;  for  he 
says,  Smith  went  under  the  disguised  name  of 
one  Clerk,  and  he  did  then  talk  of  going  to  the 
western  parts  of  Scotland,  he  named  Douglas 
as  he  thinks,  though  be  is  not  positive  in  that, 
but  he  is  in  the  person,  that  was  tlie  man. 
And,  says  he,  I  sent  for  this  person,  the  other 
fellow,  Bell,  and  he  was  the  guide  he  had  along 
with  him.  And  upon  Bell's  examination. 
What  says  he?  Says  he,  I  ramember  that 
man  came  thither  at  that  time  to  the  other 
man's  hous^ :  1  take  it  upon  my  oath  that  is 
the  man,  and  he  went  by  the  name  of  Clerk: 
bfi  hired  me  to  b?  bis  guide ;  I  went  out  with 


him  on  Friday  momiiig,  and  I  went  akng  viA 
him  all  that  day  ;  but  upon  Saturday,  wkkh 
was  the  next  dav,  going  northward  with  lun, 
my  horse  tired,  and  failed  me :  Therevpail 
was  forceil  to  be  left  behind,  but  I  ovolMk 
him  on  Sunday  night  following;  lofot^ 
him  at  such  a  place,  and  saw  him  witbisu 
miles  of  the  borders  of  Scotland.    I  take  it 
upon  my  oath,  this  is  the  man  that  was  th« 
under  the  name  of  Clerk ;  and  at  hisretonuif 
back  again  I  to<^  notice  of  him,  1  went  op  to 
hip,  I  drank  with  him,  and  we  had  diseoane 
of  our  journey.    He  told  me  at  first,  he  was  to 
go  to  the  west  of  Scotland,  and  so  he  wot 
northward.     After  that,  which  wasabootta 
or  twelve  days,  he  came  back  again,  andsi 
went  southward  towards  London.  This  he  doik 
swear  directly  to  be  at  that  tiniie. 

Now,  Gentlemen,  the  time  is  wonderful  mi^ 
terial  in  that  case,  because  that  very  tuae 
twelvemonth  that  they  talk  of,  is  the  begiimiog 
of   February.     If  you  look  upon  your  oU 
almanack  of  the  lastyeai-  (I  happened  to  haic 
one  in  my  pocket,  and  looked  upon  it,  wka 
the  men  gave  their  testimony)  and  there  y« 
will  find,  that  the  Monday   before   Shrofe- 
Tuesday,  when  he  says,  he  left  him  witbiD« 
miles  of  the  borders  of  Scotland,  falls  out  to 
be  the  19th  of  February ;    I  will  kwk  upon  H 
again,  lest  I  should  mistake  ;  'tis  just  so,  uk 
that  humours  the  time  that  mv  lord  Hoviri 
speaks  of,  which  was  about  the   middle  of 
February ;  a  few  days  after  that,  he  saw  tke 
money  was  given  by  Mr.  Sidney ;  and  tlm 
tor  the  time  tor  Aaron  Smith  to  get  to  New- 
castle, there  is  a  fit  space  of  time,  for  it  fiib 
out  that  the  Thursday  that  he  arrived  at  New- 
castle, is  the  15th  day  of  February,  and  w  i 
falls  in  well  with  my  lord  Howard's  testimoiiyi 
and  so  the  Monday  that  he  parted  with  bin  it 
the  borders  of  Scothind  was  the  19th,  wirick 
also  just  humours  the  time  that  he  speab<C 
So  that  here  is  a  circumstance  of  tact  to  con- 
firm his  testimony,  both  as  to  tlie  sending  tbe 
messenger,   and    the   circumstance  of  tine. 
That  he  is  the  same  man  is  proved  bv  ditfe 
two  witnesses,  who  agree  in  this,  that  be  wis 
there  about  such  a  time ;  and  it  does  likevM 
humour  that  other  circumstance  of  plac^  tbit 
Mr.  Sidney  said  he  had  beard  from  him  fnn 
Newcastle,  but  not  since ;  and  then  there  is tlic 
other  circumstance  Which  backs  and  con&iiv 
all.  There  was  not  only  a  sending  for  these  pe^ 
sons,  but   there  is    notice  taken  that  tbeie 
Campbells,  who  were  to  be  assisting  in  ^ 
matter,  were  to  come  about  the  sbain,  vA 
under  the  disguise  of  purchasing  plantations  0 
Carolina.    Abont  the  beginning  of  Jane  t^ 
came  to  town,  the  two  Campbells,  sir  ^^ 
Cockram,  and  Mr.  Monroei    Sur  Andrew  f(i^ 
he  tells  you  he  met  with  some  of  the  men,  uw 
they  told  him,  they  came  about  the  buane^ 
CaroUna ;  and  so  the  cant  of  Carolina  is  bmw 

good  m  this  circumstance  that  way ;  but  wasn 
le  plot  brake  out,  these  men  skulk,  one  m^ 
one  way,  another  another ;  some  were  taseii 
as  they  were  escaping  away  by  water ;  otb«« 


1113]  STATE  TRIALS,  36  Ch arlvs  II.  l6M.—for  m  Misdemeanor.        [1114 


^of*  them  vere  taken  upon  the  bed  at  noon-day . 
in    Moor-fiekls :    Had  the  business  they  came 
<»ver  into  En^nd  about  been  a  Mr,  and  a  law- 
ful, and  honest  business,  why  should  they  hide 
themselves  ?   Why  should  any  man  sneak,  and 
iikulk  and  be  ashamed  to  own  an  honest  and  law- 
^fiil  bnsrfness  ?  But  this  does  humour  and  touch 
the  thing  exactly,  as  to  that  circumstance,  that 
Carolina  was  only  a  cant  for  to  diseuise  their 
comings  over.    Tb^se  are  the  two  only  circum- 
stances that  seem  to  be  bretty  strong  for  them, 
to  prove  and  support  tne  credibility  of  what 
thoir  witness  has  sworn. 

For,  Gentlemen,  what  a^wonderful  sort  of 
expectation  wonid  it  be,  That  we  shall  never 
«onvict  a  man  of  high-treason,  unless  you  can 
bring  a  man  to  be  a  witness  that  is  not  con- 
cerned ?     For  then  all  these  pei-soos  must  have 
been    acquitted,  for  tliey  intrusted  none,    it 
seems,  but  these  six;    they  took    care  they 
would  keep  it  amount  themselves.     Do  you 
think  they  called  their  servants  to  be  witnesses 
of  what  they  were  about  ?    That  is  a  vain  and 
itile  imagination.     In  the  Popish  plot,  what 
w^itnesses  of  it  had  you  there?     Were  they 
strnngerB  to  the  plot?    No,  you  cannot  expect 
any  witnesses  but  such  as  the  nature  of  the 
case  will  bear. 

This  is  the  meaning  of  the  eTidenee  that  has 
b€en  given  for  the  king,  and  it  carries  a  great 
I     weight  in  it.     But  they  have  made  an  objec- 
tion, which  indeed  is  not  remote,  but  may  con- 
cern the  question  very  mncli.    Say  they,  if  we 
prove  my  lord  of  Essex  was  not  there,  or  such 
a  one  was  not  there,  would  it  not  disoreiUt  the 
evidence  of  my  lord  Howard  ?     Yes,  certainly. 
It  would  wholly  discredit  it,  and  he  were  not 
to  be  believed  at  all ;  nay,  which  is  yet  nearer 
to  the  qnestion,  if  Mr.  Hampden,  that  had  no- 
tice all  along  of  the  tiroes  fixed  wherein  this 
transaction  was,  to  wit,  about  the  middle  of 
January  and  beginning  of  February.     For  be- 
cause they  talk  of  the  prints,  Mr.  Hampden 
had  from  them  sufficient  notice  and  intimation 
of  the  time.     If  Mr.  Hampden,  that  hath  had 
all  this  notice,  could  have  proved  before  you, 
that  he  was  in  Prance,  or  any  other  place  at 
that  time,  that  bad  been  wonderful  material. 
Bat  all  the  circumstances  that  are  any  way 
significant  to  support  the  credit  of  this  matter 
sure  very  well  proved ;  and  so  the  testimony  of 
my  lord  Howard  is,  by  these  concurrent  cir- 
cumstances of  fact,  sufficiently  supported. 

Noir,  Gentlemen,  I  must  tell  you,  This  being 
the  substance  of  the  evidence  for  the  king; 
1  will  DOW,  as  near  as  I  can,  give  you  an  ac- 
count of  the  evidence  tor  the  d^'endant ;  it  was 
opeDsd  by  Mr.  Williams  very  ingeniously  for 
the  advantage  of  his  client,  as  every  man  is 
L*  bound  to  say  what  he  can  for  his  client.  He 
made  a  grpeat  many  objections  against  my  lonl 
Howard  ;  so  if  he  could  but  sliake  the  testi- 
mony of  my  lord  Howard,  then  he .  might 
easily  bring  off  his  <dieut ;  and  if  you,  upon 
any  Uiing  that  has  been  offered,  either  in  evi- 
dence, or  by  way  of  observation  fairly  made 
from  t^e    evidence,    do    believe    my   lord 


Howard  has  f(>rswoni  himself,  yon  must 
iind  Mr.  Hampden  the  defendant,  not  gnilt>' ; 
but  if  you  believe  he  has  not  forsworn  him- 
self, you  must  find  him  guilty.  So  all  otn: 
matter  is  redi\?ed  into  a  very  narrow  com- 
pass; and  therefore  I  must  repeat  it  again 
what  I  said  at  the  beginning,  if  my  memory 
do  not  serve  me  to  recollect  all  right,  the 
counsel  for  the  defendant  shall  have  fro^ 
liberty  to  iujlbrm  the  cotirt  of  what  has  been 
omitted. 

First,  says  Mr.  Williams,  My  lord  Howard 
was  a  man  very  deep  in  a  conspiracy  with  my 
lord  Shaftesbury,  by  his  own  acknowledgment, 
endeavouring  to  conciliate  afrieiidshin  between 
the  duke  of  Monmouth  and  my  lord  Shaftes- 
bury :  and  so  he  had  a  great  hand  in  the  plot ; 
and  what  he  might  do  on  purpose  to  get  him- 
self out  of  danger  from  that  plot,  and  procure 
his  pardon,  is  not  known. 

It  is  a  very  strange  thing,  that  it  should  be 
an  objec'ion  before  he  had  his  pardon,  that  he 
did  it  for  fear,  and  to  get  his  pardon  ;  and  when 
he  has  it,  now  the  objection  is,  because  he  has 
his  pardon ;  and  he  got  it,  say  thej^,  by  this 
means.  It  seems,  whether  he  had  his  pardon 
or  no,  it  must  be  fin  objection  against  him : 
Before  he  had  it,  he  was  under  the  fear  of  not 
obtaining  it  'till  the  drudgery  of  swearing  was 
over ;  but  now  he  has  his  pardon,  What  now? 
Why  he  does  it  on  purpose  to  accuse  other 
people.  Why,  he  says  no  more  now  than 
what  he  has  said  before  he  was  pardoned ;  and 
if  after  he  is  pardoned,  when  he  la  under  no 
dread  of  fear  because  of  his  guilt,  he  says 
the  same  things  that  he  did  when  he  might  be 
in  fear,  how  can  that  be  an  objection  to  him  ? 
It  cannot  be  thought  he  does  it  to  save  his 
own  life,  for  that  is  as  safe  now  by  his  pardon, 
as  it  can  any  way  be  ;  and  it  is,  and  most  be  a 
great  satisfaction  to  his  mind,  and  will  be  so  to 
any  other  reasonable  man's  mind;  And  is  a 
plain  answer  to  the  olgeoiion  of  his  fear,  (for 
It  is  a  captious  age  we  live  in,  that  will  make 
some  specious  objection  or  other,  though  it  be 
not  cf  any  great  weight)  But  how  can  it  be 
thought  a  man  wouM  come  and  swear  loo 
much,  or  too  far,  for  fear  lie  should  not  save 
himself;  or,  as.llif  y  call  it,  swear  himself  into 
a  pardon,  wiveiftie  nas  his  pardon?  It  m^t 
be  an  objeotkm  before;  but  as  kmg  as  he  is 
under  no.  such  terrors  now,  but  stands  right, 
both  by  the  laws  of  God  and  man  to  be  heird 
as  a  witness,  I  think  it  wonld  be  hard  for  any 
one  to  come,  and  say.  This  man  wonld  fbr« 
swear  himself.  What  should  provoke  him  to 
come  and  forswear  himself,  wnen  he  is  under 
no  danger  as  to  his  own  particular  ?  There 
miflfht  1^  an  umbrage,  I  say,  of  an  olgectioii 
before  he  had  his  pardon,  though  it  was,  in- 
deed, no  objeotioQ  before;  not  a  rational 
weighty  one,  to  set  aside  his  testimony.  Bat 
nobody  knows  which  way  in  the  world  to  sa- 
tisfy the  minds  of  some  sort  of  people. 

u  the  next  place,  Gentlemen,  says  Mr.  Wil- 
liams, You  are  not  positive  as  to  the  time ;  yoa 
say,  it  was  about  the  middle  of  Jaaoaryi  or  the 


1115]     STATE  TRIALS,  96  Charles  U.  i6B4,.*-Triia  ^fjohn  Hampden,     [i  US 


begioning  of  Febniaiyi  and  that  is  too  ffeneral 
and  wide ;  but .  you  reiaaaiber  particukriy  to 
a  day  the  business  between  you  and  my  lord 
of  Soaftesburv,  That  that  was  the  day  after 
Michaehnas  -day :  How  can  you  be  so  par- 
ticular as  to  the  one,  and  not  as  particular  as  to 
the  other  P 

Why,  I  will  undertake  that  Mr.  Williams, 
when  he  made  the  objection,  must  needs  think 
of  the  answer  that  would  be  given  to  it  It  is 
notoriously  known,  that  the  pressures  these 
gentlemen  thought  they  lay  under,  were  what 
my  lord  of  Shaftesbur/'said,  Now  they  have  got 
the  juries  into  their  own  power,  and  no  man  is 
safe  'y  they  will  find  me  or  any  man  guilty,  as 
they  please ;  why,  how  came  they  to  fex  ju- 
ries into  their  own  hands,  but  by  harmg  the 
sherifTs  as  they  would  hare  them  ?  Now  the 
sheriffs  that  are  to  return  juries  are,  as  all 
men  know,  that  know  any  thing,  sworn  the 
day  before  Michaelmas-day;  therefore  he 
might  very  well,  and  had  good  reason  to 
remember  that  day;  when  such  a  noto- 
rious thing  happens  to  fall  out  at  such 
a  notorious  time,  it  is  easier  for  a  man 
to  remember  that  time,  than  ta  speak  to 
the  particular  time  of  an  action,  done  about  the 
middle  of  a  month,  where  there  is  not  such  a 
notorious  circumstance.  Why,  I  can  )ell  you 
very  well  where  I  was  upon  the  day  before 
Michaelmas- day  ;  upon  that  day,  and  the  day 
alter ;  for  that  very  reason,  because  it  was  a 
notorious  day  about  the  swearing  of  sheriffs 
in,  London.  But  if  you  ask  me,  where  I  was 
the  middle  of  January,  or  the  middle  of  Fe- 
bruary, 1  cannot  so  well  i-emember  that.  But 
there  is  credit  to  be  given  to  a  man  that  speaks 
to  a    notorious   pircumstance,    and    thereby 

E roves  the  probakuhty  of  what  he  says,  though 
e  should  not  be  so  particular  in  a  thing  that 
a4mits  oot  of  such  a  notorious  circun^stanoe. 

Gentlemen,  I  make  the  objections  as  they 
are  stated  on  the  one  side,  and  on  the  ether 
side ;  and  the  answers  that  naturally  flow  to 
prove  the  matters  before  you  one  way  or  other; 
and  you  are  to  judge,  you  aire  to  weigh  them ; 
and  which  has  the  greater  credit  with  you,  you 
are  to  take  notice  of. 

He  does  say,  in  the  next  place.  Here  was  a 
discourse  of  arms  and  armed  men,  and  a  great 
sum  of  money  spoken  of,  but  there  brealu  out 
nothing  of  this  matter  *till  July  following ;  but 
this  debate  was  in  January  and  February  be- 
fore. For  that  matter,  the  answer  that  is 
S'ven,  and  it  seems  to  be  a  plain  one,  is.  That 
ey  were  to  conciliate  a  correspondence  with 
people  that  were  abroad,  and  that  they  could 
not  go  on  'till  they  had  effected  that,  and  'till 
these  people  came  to  join  with  them,  which 
could  not  be  without  some  time.  And  you 
hear  the  Cockrams  and  the  Campbells  came 
not  to  the  town  'till  June  or  July  ;  so  that  it 
was  not  probable  it  should  break  out  'till  then, 
because  it  was  to  be  agitated  upon  their  coming 
here.  And  so  that  o^ection  is  answered,  they 
.  did  not  apprehend  any  such  necessity  for  pre- 
•nft  engaging  in  it.    rormy  lord  Howard,  be- 


cause he 'thought  it  would  be  a  work  of  time  to 
settle  the  correspondoioe,  and  get  these  people 
to  town,  went  down  to  his  couotry-boitse  ia 
Essex,  and  from  thence  to  Bath,  for  he  did  ap- 
prehend some  considerable  time  naust  be  wfoi 
before  these  people  could  come ;  and  tberelbie 
he  thought  it  convenient  to  take  his  retiiedteai 
in  the  mean  time. 

Ay,  but  it  is  strange,  says  Mr.  Williama,  ai 
be  makes  that  another  objection  ;  be  would 
have  my  lord  Howard  to  draw  in  tliisaccosatisa 
of  Mr.  Hampden,  to  procure  his  pardon,^ 
going  further  than  the  other  discovereis  had 
gone.  It  seems,  say  they,  Mr.  Hatnpden  w 
not  thought  of  at  first ;  but  because  VVest  aad 
Keeling  had  discovered  a  plot,  my  lord  Howard 
to  secure  himself,  must. go  a  step  further  tins 
they,  and  (as  the  defendant's  counsel  wonU 
have  it)  tban  the  truth  ;  and  that  is  the  stress  «f 
the  objection.     But  the  weight  of  tbe  proof  is 

Suite  different ;  for  all  men  know,  in  the  plot 
lere  were  several  parts.  There  was  the  bun- 
ness  of  Keeling  and  West,  and  that  was  the 
assassination  ot  the  king  and  the  duke  ;  but  the 
duke  of  Monmouth,  my  lord  Howard,  and  thoM 
other  gentlemen,  were  for  the  bosineas  of  the 
rising,  though  that  might  be  in  <M^er  to  thsi 
other  purpose ;  but  they  kept  not  (x>mpany  witk 
those  that  were  engaged  m  that  part  of  the 
design.  They  were  the  underlings,  the  90010- 
drel  plotters,  that  were  concerned  in  the  aans- 
sination.  But  these  |^ntlemeu  looked  opss 
themselves  to  be  pnvy-coonsellon,  not  to 
be  the  executioners ;  they  were  to  be  only  ad- 
visers, what  was  to  be  done  after  th^  other  ha- 
siness  was  over ;  and  their  consultations  wcr 
for  raising  of  men  for  an  insurrectiaD,  not  Ihc 
business  of  the  assassination  of  the  kin^,  thst 
was  not  their  province.  Can  it  be  an  obfedM 
against  my  lord  Howard,  because  he  gives  s 
testimony  West  and  Keeling  oonld  not  give? 
Could  they  go  iiirther  than  Sie  killing  ^of  the 
king,  which  was  their  business:  if  any  ana 
should  have  asked  my  lord  Howard  abotU  tbsl 
matter,  he  would  have  made  answer.  It  was  not 
for  that  purpose  that  we  met  together  at  Mr. 
Hampden's  and  my  lord  RusseU's ;  no»  thst 
was  upon  a  particular  business,  and  to  a  par* 
ticular  end  and  purpose. 

Then  he  says  too,  that  though  nay  kfd 
Howard  comes  here  upon  his  oath,  and  dedaras 
these^veral  matters  tnathehath  deposed  ;  jret 
he  has  given  a  difierent  accopnt  of  tninga  efae* 
where,  and  he  has  called  several  witneaaes  ts 
that  purpose.  To  whom  my  lord  Howazd  sa- 
veral  times  upon  his  honour,  .upon  hia  w«d, 
with  eyes  liited  up,  and  hands  elevated  to 
heaven,  and  many  extraordinary  protestatiaBa, 
declared  that  he  knew  nothing  of  the  plot ;  and 
say  they,  if  a  man  will  at  one  time  pawn  hii 
hononr  and  his  reputation  for  the  truth  of  a 
thing,  and  after  that,  will  come  again  to  swesr 
against  idrthat  matter,  that  is  an  ai^ument  thst 
does  sink  the  credit  and  reputation  of  that  wit- 
ness ;  and  thereupon  they  call  yon  several  wit- 
nesses, some  whereof  are  persons  of  great  ho- 
nour and  quality.    I  think  they  b^pn  fiiil 


1 1 7}       STATE  TRIALS,  56  Charles  IL  l684.«-^or  a  MUdmeawn'.        [l\\$ 


ritfa  Ducas,  seirant  to  colonel  Sidney,  and  he 
^Is  you,  afler  his  magt^t*  was  taken,  my  lord 
Howard  came  thither,  and  desired  he  might 
ie  th«re ;  and  desired  the  use  of  some  plate  and 
Coods  of  colonel  Sidney's ;  and  then  asked, 
I'bat  was  become  of  his  master?  and  when 
!](aca8  told  him  what  he  heard  of  the  plot,  that 
oooethinaf  was  talked  of  about  the  assassination 
f  the  king  and  the  duke,  my  lord  Howard 
ifled  up  his  eyes  and  his  hands  to  heaven,  and 
eclared  he  knew  nothing  of  it,  but  he  believed 
olonel  Sidney  was  a  Tery  honest  man,  and 
new  nothins;  at  all  of  any  such  matter  ;  and 
s  for  himself,  rather  than  he  would  be  taken 
r  confined  again,  he,  would  do  any  .things 
liis  ^vas  the  evidence  they  gave  as  to  him. 
lien  they  come  witJi  Mr.  Howi^rd  their  second 
ntoess ;  for  I  would  take  them  in  order  as 
bey  were  produced,  and  he  gives  you  an  ac- 
ount,  that  he  met  with  my  lord  Howard,  and 
ay  lord  Howard  told  him,  he  knew  nothing  at 
II  of  any  plot,  and  did  believe  that  colonel 
lidney  was  innocent,  and  he  did  betieve  like- 
f^ise  that  my  lord  Russell  was  innocent,  and 
w  bis  part  he  knew  nothing  of  any  such  thine 
s  a  plot ;  but  he  says,  when  he  began  to  talk 
9  him,  why  did  he  make  such  a  bustle,  and 
t)  so  oflen  into  the  city  and  concern  himself 
bout  tbe  making  of  sheriffs  ?  He  answered,  I 
o  nothing  but  what  is  in  a  legal  way ;  and  he 
ostified  all  that  was  done  to  &  only  in  a  legal 

when  once  people  come  to  believe,  that  the 
aising  of  tumults,  and  makin&f  seditions,  stirs 
nd  noi9es,  is  a  legal  way  to  obtain  their  ends, 
8  ^e  know  it  is  the  tenet  and  principle  of 
Teat  many  people,  what  will  they  not  do  under 
bat  pretence,  that  all  they  do  is  according  to 
iw  ?  They  think  it  is  lawful  by  the  religioD 
liey  profess,  to  resist  and  oppose  the  govem- 
)ent,  and  tbe  Old  Cause  is  a  good  cause  to 
^18  day  in  some  men's  opinion,  and  they  can 
ie  in  it,  and  thank  God  for  being  concerned  in 
:.  And  there  are  some  people  that  say,  the 
using  of  arms  by  tbe  king's  authority  against 
ii  person  is  lawful  by  the  religion'they  pro- 
!ss,  and  they  call  themselves  Protestants  (how 
istiy  you  may  imagine) ;  and  if  men  will 
sake  insuiTections  to  difficult  the  government, 
;  is  rebellion,  and  no  man  can  justify  it,  let  him 
retend  conscience,  or  what  he  will,  it  is  rank 
*eason,  it  is  not  saying  I  am  thus  persuaded  in 
ly  conscience,  that  will  excuse  the  man ;  if  I 
leer  myself  by  tlie  dictates  of  a  good  and  re- 
ular  conscience,  it  can  never  be  thought  that 

shall  commit  treason,  but  it  is  the  effect  of 
ril  principles. 

Was  it  not  under  the^  shape  of  religion,  that 
lat  blessed  martyr  king  Charles  1,  of  ever 
lessed  memory,  came  to  the  block :  Nay,  and 
have  heard  ot  some  men  in  the  late  times  that 
ere  engage;!  on  that  side,  who  finding  that  the 
ing  did  prevail  at  the  banning  of  the  war, 
$canse  he  had  gentlemen  of  quality  and  spirit 
'  appear  for  him,  were  at  a  loss  to  know  which 
ay  in  the  world  ttiey  should  put  a  spirit  in  tbe 
^OUDOD  people  to  oppose  the  king ;  and  »ome 


among  them  bid  them  to  be  sure  to  put  religioa 
to  be  but  the  pretence,  and  that  would  make 
them  run  headlong  to  what  they  would  have 
them.  Whose  opinion  that  was,  is  not  strange 
to  any  that  know  any  thing  of  the  liistory  of 
those  times.  So  that  when  once  people  take  it 
to  be  the  principle  of  their  religion  to  oppose 
and  resist  all  that  are  not  of  their  persuasion, 
and  for  religion  sake  to  resist  authority,  then 
they  think  all  is  luwful^ey  can  do  to  preserve 
their  religion  as  long  as  they  are  wound  up  ta 
that  opinion. 

The  next  witness,  Gentlemen,  is  my  lord  of 
Clare,  and  he  gives  you  an  account  of  his  dis- 
course with  my  lora  Howard.  And  by  th« 
way  1  must  observe,  what  1  am  very  sorry  for 
with  all  my  heart,  to  hear,  that  among  gftetla* 
men  of  quaUty  and  honour,  discourses  of  tbft 
government,  and  the  mal-administration  of  it, 
as  they  think,  should  be  only  matter  of  jest  fit 
for  their  recreation,  and  laughter,  only  merry 
table-talk,  as  though  government^  so  sacred  » 
thing,  were  as  mean  as  anv  trivial  concern 
whatsoever.  I  am  sorry  to  near  and  see,  that 
persons  of  great  honour  and  quality  should  es- 
teem it  so.  And  I  must  be  pardoned  if  I  taloBi 
notice  of  it:  For  matters  ot  government,  and 
yielding  obediencft  to  superiors,  is  a  matter  of  - 
reliffion,  it  is  a  serious  matter,  and  every  man 
ou^t  to  make.conscience  of  it ;  to  talk  of  go» 
vemment  with  reverence,  as  well  as  pay  duty 
and  obedience  to  it.  And  when  I  find  it  made 
a  jest,  I  must  be  permitted  to  say  that  is  not  sa 
well  done,  and  whoever  it  is  that  makes  it  ao^ 
ought  very  much  to  be  blamed. 

My  lord  of  Clare,  comes  and  testifies,  that 
my  lord  Howard  told  him,  be  did  not  believe 
my  lord  Russell  was  ^ilty  of  what  he  was  ac- 
cused of,  much  less  did  he  believe  it  of  cokmel 
Sidney,  and  when  he  hemn  to  talk  about  writ- 
ings found  in  Sidney's  doset,  he  said,  there  can 
be  nothing  of  his  writings  found,  that  can  do 
him  or  any  man  else  any  hurt.  This  is  the 
substance  of  what  that  noble  lord  has  said. 

Then  there  is  my  lord  Paget,  and  he  like- 
wise  gives  you  an  account,  that  he  bad  some 
discourse  wUh  ray  lord  Howard  about  the 

{dot ;   and  he  told  him  too,  tliat  he  did  not  be- 
ieve  any  thing  of  this  plot,  or  that  my  lord. 
Russell  and  others  accused  had  any  band  in  it. 
But  I  would  observe  this  one  thing  upon  my 
lord  Paget's  testimony,  that  still  my    loiti 
Howard  was  wished  joy  by  every  body,  and  I ' 
am  glad  to  see  your  heels  at  liberty,  Mid  tbe 
like.     So  that  there  was  some  jealousy  of  bis 
bein^  concerned ;  something  or  other  there, 
was  in  it.    Says  my  lord  Howard,  I  look  upon 
myself  as  affronfeedf,  that  any  body  should  talk 
so  of  me.    He  was  concerned  that  they  should 
suspect  bim.    But  something  there  was  at  tbe 
bottom.     Says  my  lord  Paget,  1  am  glad  to 
hear  you  are  out  wit.     For  be  began  to  ima- 
gine there  must  be  some  fire  for  all  this  smoke. 
That,  gentlemen,  wasthediscouase  he  bad  with' 
him.     But  he  says,  that  with  my  lord  Paget 
there  were  discourses  of  bis  going  beyond  letr 
but  be  did  not  go.  j 


1 1  J9j     STATE  TRIALS,  36  Charles  W-  l684.— 

iThen  c<mies  Dr.  Burnet,  and  he  telis  you, 
Ifaftt  there  were  protestations  made  to  him,  and 
be  has  gt>t  the  same  words  as  the  Frenchman 
had,  that  he  did  it  with  lifted  up  eyes  and  hands, 
he  professed  solemnly  he  was  alto^her  a 
stranger  to  any  such  thini;.  The  doctor  says, . 
he  bad  heard  there  was  a  plot,  and  was  per- 
waded  of  the  truth  of  it,  but  he  was  a  fittie 
shakeB  by  what  my  lord  Howard  said  to  him. 
But  now  he  is  sumcieatly  satisfied  there  is  a 
plot,  and  I  am  gUA  he  is,  for  I  think  it  scarce 
does  remain  a  oonbt,  with  any  men  that  have 
any  value  for  the  religion  and  goremment  we 
live  under.  And  I  know  not  how  they  could 
be  better  satisfied,  than  by  the  evidence  that 
has  been  given  of  it,  a  main  part  of  which  was 

Even  by  my  lord  Howard.    All  this  before  my 
rd  Howard  was  taken. 

Then  comes  in  one  Mr.  Gisborne,  and  he 
tdls  you  the  same  story,  that  a  great  whUe 
a|^  my  lord  Howard  told  him  he  knew  nothing 
•t  the  plot. 

The  next  to  him  is  Mr.  Blake,  and  he  tells 
you,  that  after  such  a  time  as  the  plot  was 
diseovered,  and  after  my  lord  Russell  was  tried, 
and  after  my  lord  Howard  had  ^ven  evidence 
at  the  Old  Bailey,  he  shewed  him  the  warrant 
Ibr  his  pardon,  and  Blake  telling  him  that  was 
■ot  sumcient  without  an  actual  pardon ;  he  re- 
Bhed,  I  tliink  in  my  conscience  I  shall  not 
nave  a  pardon  till  the  drudgery  of  swearing  is 
over.  But  b  that  any  argument  P  Here  is 
a  man  under  the  drudgery  of  swearing; 
therefore  he  did  not  know  any  such  thing  ap  ne 
•wefirs.  It  carries  thus  much  sJong  with  it, 
that  it  was  uneasy  to  him,  and  there  is  a  kind 
of  a  force  put  upon  him  to  swear,  as  tliey  say, 
in  order  to  his  pardob. 

But  now,  Gentlemen,  that  will  admit  of  this 
answer,  and  a  plain  oue  certainly  it  is,  when  a 
man  comes  over  and  over  again  to  tell  the 
world  such  a  story,  and  ^ves  such  an  account 
of  himself,  it  must  a  little  grate  upon  him, 
though  it  be  his  duty  to  tell  the  truth,  and 
though,  as  Mr.  ^Uiams  says,  he  is  the  best 
martyr  that  is  a  martjrr  for  truth  ;  even  so  say 
I  on  the  other  side,  he  is  the  best  penitent  that 
is  a  penitent  for  thith,  and  he  is  the  best  wit- 
ness that  is  a  witness  for  truth's  sake,  and  he 
gives  the  best  testimony  of  his  repentance,  that 
by  his  testimony  declsjres  the  truth,  though  it 
be  harsh  anduneaay  to  him  ;  for  if  I  have  any 
ingenuity,  and  have  lived  in  good  credit  in  the 
world,  it  must  be  a  drudjpeiy  and  irksome 
thing  to  call  myself  a  traitor  so  often  in  a 
court  of  justice.  It  is  true  he  might  have 
given  it  a  more  moderate  term,  and  yet  withal 
upon  these  circumstances,  he  might  have 
reason  to  call  it  iu  some  sense  a  drudgery. 
But  now,  gentlemen,  as  he  did  swear  it,  tefore 
he  had  his  pardon  lirom  time  to  time  upon  all 
oocanons  when  he  was  called  as  a  witness  :  so 
now  the  pardon  is  come,  which  they  would 
have  to  be  the  Veason  of  the  continuance  of  his 
drudgery,  he  swears  the  same  thing.  He  has 
his  nardoo  under  the  king's  seal,  and  thon|fh  it 
BigDi  ba  thought  they  would  keep  him  within 


tbe  compass  oC  bis 
evidence  ;  uow  he 
swears  tbe  saoM  _ 

does  not  at  all   influeacc  bii  te^M.^ 
not  under  any  fear,  h«iti»asfr»ii«j^i 
tlie  king  has,  and  cow  be  is  i^«  W^- 
gives  you  the  aoooant  yo«  ba(»<  W.  ai 
did  say  all  the  saiDe   tfa'ings,  M*^ 
as  colonel  Sidney,   aod  my  b^d  R 
tri%d,  that  he  says  no'vr. 

Then,  GentJeineo,    you  base  *■  *» 
place  witnesses  called,  several  rf^^  • 
you  an  account  of  tbe  convenauw 
position  irf*  Mr.  Hampdea  ;  for  «n    ^ 
liams,  for  a  man  to  be  guiby  ^*  ***"!? 
nature,  there  must  be  sotne  kind  rfq* 
sition  to  it,  and  so  Mr.  WiBiams  w%m 
ai\d  make  this  inference.      Voa  see  be  • 
man  of  a  turbulent,     seditioas   and 
spirit  and  temper,  he    is   a  studiBO 
very  retired,  that  has  been  beyoodaei 
and  came  not  home  tiH  such  -  •-— 
there  were  interlocutions    b 
Howard  and  my  lord  Shallesbunr,  it  v» 
he  came  into  England,   and   so  be  wai 
concerned  in   them..     He    Kays,  *^* 
last  he  was  to  go  again,  be  bad  a  ™^ 
turn  again  to  France  for  his  health  ;  ssi' 
reason  have  we  to  imagine  be  shoold  ** 
himself  in  the  plot,  when  _  be  was  •^^ 
man,  lived  so  retired  a  life,  and  iotenW 
abroad  so  suddenly  ?  And  for  thw  J* 
my  lord  Paget,  Mr.  Pclbam,  sir  ^^^ 
bart.  Dr.  Lupee,  Monsieur    Jiiw,  m 
Murray.  _, 

Mr.  Williams,  Murray,  my  lord,  we  « 
examine.  g^ 

L.  C.  J.  It  is  true,  I  beg^  your  jmrdoa.  W 
then,  these  others  tell  you,  they  bo«  Jf 
persons  very  intimately  conversant  '^  J 
they  never  knew  he  concerned  bunsa^ 
any  thing  about  government,  but  was  of  a  ^J 
peaceable  deineaiior,  and  was  so  ^"',"**'-jj 
which  the  indictment  talks  of  tur6ol»cy*' 
sedition,  that  they  never  had  any  dtfCfl^ 
with  him  about  any  such  tiling  ^\."h^ 
what  Dr.  Lupee  says,  who  it  seems  »▼«»•■ 
him  about  two  years,  and  kept  him  coaw 
in  his  studies  ;  and  that  once  ^ving  ssaj^ 
course  about  the  Popish  plot.  He  «"«« »?^ 
venture  bis  life,  and  any  thing  he  had  to  P 
serve  the  king  and  government  agaiosi 
plot,  be  did  very  well,  and  if  he  *>«i,?"*'i!l 
clared,  he  would  have  ventured  his  We  w  ^ 
secured  tbe  king  and  government  «ff^  . 
plot,  I  sliould  have  been  gbd  to  find  m 
that  mind,  I  pray  God  you  may  find  himw 
so.  But  Irom  the  evidence,  even  of  that  ITCT^ 

man,  it  seems  there  was  some  jealousy »» 
worid,  and  that  he  liy  under  l*ard  censa^ 
%rell  as  other  people.    For  speaking  «  ^ 
plot,  the  advice  given  him  was  this :  ni\ 
Gr^y  is  gone,  iSd the  duke  of  MoDW^^Jf 
gone,  why  won't  you  jro  ?  Why  rf»ouW JJ^ 
advice  be  given,  if  there  were  no  .«wsp^S^^ 


his  being  concerned  ?,Tbaihe^Mid^J^^  j^ 


go,  and  so  they  would  make  his  ^}^ 

8 


list}         StAT£ TRIALS,  S6 CHAaLsS It.  l6M.'^far  a  Midemeanat.        [f US 


\ 


to  be  «i  instance  and  proof  of  hw  innoeence ; 
^rby,  gentlemen,  if  that  should  be  so^  then 
there  was  the  same  innocency  in  my  lord 
Russell,  and  colonel  Sidney,  and  all  of  them  : 
Ibr  all  the  council  of  six,  every  one  of  them 
stayed,  except  the  duke  of  Monmouth,  and  he 
indeed  did  abscond.  And  the'  same  evidence 
that  made  the  duke  of  Monmouth  fly,  and  my 
lord  Basex  cut  his  own  throat,  convicted  my 
lord  Rossdl  and  colonel  Sidney,  and  is  now 
iMroiigbt  against  the  defendant,  and  has  from 
time  to  time  been  given  aeainst  the  rest.  We 
loiow  no  reason  that  they  nad  to  stay  more  than 
"West  er  Romsey  had  to  stay  and  be  taken,  and 
yet  that  is  not  used  by  them  as  an  argument  of 
their  innocency. 

These  are  the  evidences  that  have  been  given 
on  the  defendant's  part ;  and  I  tell  you  as  I 
^  along  what  answers  were  given  to  it  on  the 
part  of  the  king.  As  to  what  is  spoken  ot*  his 
antention  to  go  again  into  France,  if  he  de- 
sired to  ffo,  why  did  he  not  go  before  all  this 
ffTiiscbief  broke  out  ?  He  came  here  at  Mi- 
ehadmas,  and  1  mav  say  he  came,  it  may  be  at 
an  unlucky  time,  wnen  the  city  and  its  negh- 
bourhood  was  in  a  distemper,  and  some  men 
Were  blown  with  fears  and  jealousies.  These 
xnigbt  animate  him,  and  inspirit  him  tis  they 
^Bd  other  people,  and  put  them  into  a  ferment ; 
but  you  find  nim  attending  in  town  constantly 
bere  until  the  matter  was  discovered,  •  what- 
f9oever  his  intentions  were,  it  is  much  he  did 
not  put  them  into  action,  it  is  strange  he  did 
not  go  all  this  while,  it  bad  been  much  ibr  his 
iMlvantage  that  he  had  never  come*  out  of 
Vianoe,  or  that  be  had  returned  thither  much 
0obner. 

Against  all  this  that  has  been  ursed  for  the 
defendant  about  my  lord  Howard,  1  will  tell 
yon  what  is  the  answer  to  it ;  and  truly  Arst  1 
say,  1  am  apt  to  believe  my  lord  Howard  did 
fell  these  gentlemen  what  they  here  testify  ; 
but  was  it  ever  thought,  that  any  man  that 
was-  |[uilty  of  high  treason  would  presently 
proclum  bis  own  gvtih?  Is  it  reasonable  to 
imagine,  my  lord  Howard  would  tell  l!)r. 
Burnet  I  am  in  a  plot,  and  colonel  Sidney  is 
in  a  plot,  and  Mr.  Hampden  is  in  a  plot,  and 
make  it  his  common  talk  P  Nay,  it  is  so  far 
from  being  an  ai^umentof  htsinnocencv,  that 
more  naturally  it  may  be  turned  upon  them  as 
anargnment  of  his  guilt.  For  ira  man  had 
not  been  concerned  in  the  business  at  all,  but 
were  an  honest  man,  and  free  from  suspicion, 
what  need  1  talk  or  concern  myself  to  proclaim 
my  own  innocency,  not  beme  accused  ?  Why 
must  1  tell  colonel  Sidney *s  footman,  this  man, 
the  other  man,  that  I  know  nothing  of  the 
plot,  and  neither'  I  nor  any  other  man  I  am 
sure  u  concerned  in  it  ?  But  that  shews  there 
was  a  dread  and  apprehension  upon  him  of 
something  that  he  was  conscious  of,  and  that 
lying  within  mnst  have  some  vent,  and  this 
4>ver-caation  is  an  intimation  that  there  was 
something  more  than  ordinary  in  the  miatter. 
We  take  notice  of  it  as  a  great  evidence  against 
•  man  that  is  accused  for  an  highway-mao,  if 


he  comes  to  such  an  ale-house  or  inn,  and  bids 
the  people  take  notice  I  am  here  at  such  a 
time  of  the  day,  and  that  is  a  circumstance  o^' 
time  that  will  sen-e  to 'answer  a  proof,  it  may 
be,  that  may  be  brought  agmnst  him  of  a  rob- 
bery done  at  such  a  time  ;  out  we  always  look 
upon  that  industry  of  their*s,  as  a  piece  of  ar- 
tince  designed  to  patch  up  a  testimony  to  evade 
a  proof.  So  that  the  argument  will  tui*n  the ' 
otner  way :  and  it  is  more  for  the  advantage  of 
these  worthy  gentlemen,  that  it  should  be 
turned  tiie  other  way,  for  otherwise  they 
would  be  thought  to  be  persons  ill  affected  to 
the  government;  that  is,  Dr.  Burnet,  my  lord 
Paget,  my  lord  piare,  and  the  rest.  And  if 
they  hav,e  a  mind  to  be  thought  otherwise^ 
they  must  let  the  argument  run  that  way  as  I 
say,  and  in  charity  we  onght  to  believe  the 
best  of  all  mankind,  until  we  find  otherwise  by 
them,  ^e  say  then  in  charity,  we  suppose  he 
thought  it  not  fit  to  intrust  you  with  nis  con* 
fpssions;  lor  you  are^all  loyal  men,  1  know  it 
is  the  best  answer  that  can  be  given,  and  that 
which  they  oupfht  to  value  themselves  upon  ibr 
their  own  credit  and  reputation,  and  not  to 
make  an  argfument  against  my  lord  Howard,  ^ 
or  against  the  credibility  of  his  testimony  ia 
the  matter. 

I  do  not  know,  truly.  Gentlemen,  that  I  have 
omitted  any  one  thing  that  is  material,  on  the 
one  side  or  on  the  other,  of  which  there  hath 
been  any  proof ;  but  I  must  only  repeat  to  yoa 
this,  here  is  a  matter  of  great  concern  and  conse* 
quence ;  a  matter  wherein  the  peace  of  the  go- 
vernment and  the  kingdom  is  copcemed  in*  a 
very  high  degree ;  a  matter,  that  if  there  were 
another  witness  as  positive  against  the  defendant 
as  my  lord  Howard,  would  amount  to  no  less 
than  nigh-treason.  But  as  there  is  but  one 
witness,  backed  ivith  these  circumstances  ta 
corroborate  his  testimony,  it  is  but  only  a  tres- 
pass ;  but  I  tell  yon  it  treads  very  nigh  upon 
iiig'h-trpason,  and  the  tendency  of  it  was  te 
bnng  us  all  into  confusion  ;  and  what  would  be 
the  consequence  of  thatj  but  to  lay  us  open  te 
the  same  mischiefs  that  we  were  under  m  the 
time?  of  the  late  rebellion  ?  For  though  men 
pretend  never  so  fair,  and  veil  it  under  the 
names  of  the  seCBrity  of  the  government  and 
the  Pi'otestant  religion;  y^t  they  would  have 
done  well  to  have  tarried  until  they  had  a  legal 
authority  to  call  them  to  consult  of  these  high 
matters  that  they  pretend  to  secure  ;  that  had 
been  well.  What  nad  these  gentlemen  tode 
to  take  upon  themselves  this  power  without  au- 
thority ? 

Gentlemen,  you  have  heard  the  evideneey 
and  you  see  what  it  is.  And  I  must  say,  the 
late  evidences  you  have  had  concerning  ano- 
ther business  of  this  nature,  I  wish  that  might 
be  said  to  preserve  and  support  the  credit  of 
some  persons  upon  whose  testimonies  lives 
have  beien  taken  away,  as  has  been  said,  and  is 
evident  for  the  advantage  of  my  lord  Howard. 
I  do  not  find  that  he  has  been  guihy  of  peijory, 
as  being  concerned  in  taking  oaths  one  way, 
and  then  giving  evidence  another,    I  mean; 

4C 


1123],   STATE  TRIALS,  d6  Charles  It.  l6S4.--rWa/e^«Mb«Baipdb,   [if^ 


first  taking' oaths  of  secrecy,  and  then  reveal- 
ing' ;  not  but  that  notwithstanding  all  this^tliey 
niay  be  believed,  and  God  forbid  but  they 
should  be  bdievc^  according' to  truth.  But  I 
say,  if  objections  df  this  nature  are  to  prevail, 
ive  must  never  expect  any  great  crime  to  be 
punished,  because  we  must  stay  until  persons 
that  are  strangers  to  the  guilt  of  the  fiaict  come 
to  give  evidence  of  it,  which  is  impossible  to 
be  Jone. 

Therefore,  Gentleroen,  I  must  resolve  it  all 
into  one  head  ;  you  have  tlie  case  of  a  gen- 
tleman of  quality  on  the  one  side,  and  the  peace 
and  preservation  of  the  government  ou  the 
•iber  side.  You  hear  what  is  proved  against 
him,  the  evidence  given  on  this  behalf,  the 
obieotion»  that  have  been  made  by  the  counsel, 
which  aU  of  tliem,  as  near  as  I  can  remember, 
I  have  repeated  to  you,  and  I  ask  your  pardon 
and  tbeir's  if  I  ha?e  omitted  any  thing,  and  I 
desire  to  be  minded  of  it  You  hear  the  an- 
swers that  have  been  given.  And  because  the 
cxninsel  were  unwilling  to  give  the  court  trou" 
Me,  ov  themselves  to  make  long  speeches  and 
cJbsevvatioBS)'  therefore  I  have  been  neces- 
sitated to  do  it  as  well  as  I  can. 

Upon  the  whole  matter,  my  loitl  Howard 
has  thus  positively  sworn  the  matter  of  fact 
oharg^ed  in  the  indictment  against  the  defen- 
dant ;.  he  has  been  supportetf  by  the  witnesses 
that  oonfinn    the   cir^umst^nces^  of  Smith's 

goin^  into  Scotknd,  the  SBcotchmen^s  being 
.  ere  m  June,  and  the  sham  and  cant  of  Caro- 
lina. All  which  you  have  heard,  and  I  make 
no  question  observed,  and  is  not.  contradicted 
by  any  thing  I  Itear  that  carries  any  probability 
of  an  answer.  Therefore,  gentlemen,  I  leave 
it  to  3^ou,  whether  upon  this  evidence  you  will 
take  it  upon  your  consciences  and  oaths,  that 
my  lord  Howard  is  guilty  of  wilful  and  cur- 
rapt  perjury,  then  vou  must  find  the  defen- 
dant not  guilty ;  but  if  you  tliink  he  has 
proved  the  matter  fully,  and  his  testimony  is 
supported  by  those  tour  witnesses,  Attcrbury, 
sir  Andrew  Foster,  Sherifib  and  Ikll,  then, 
gentlemen,  you  must  find  the  defendant  Guilty. 

Juryman,  Mv  lord,  we  deiiire  to  ask  one 
*  question.  At  the  meeting  at  Mr.  Hampden's 
house,  I  think  my  lord  Howard  says  they  went 
to  dinner. 

Just.  Holloway,  No,  it  was  at  col.  Sidney's 
they  went  to  dinner. 

X.  C.  J.  Ikndw  not  whct'icr  you  ha\e  taken 
notice  of  it,  but  I  have,'  it  wus  at  col.  Sidney's 
they  dined,  not  at  Mr.  Hampden's. 

Then  the  Jury  withdrew  from  the  bar,  and 
within  half  an  hour  the  jury  returned,  and 
being  called  over  answered  to  their  names, 
and  gave  in  their  verdict  thus.  - 

CL  ofCr.  Are  you  all  agreed  of  your  verdict? 

Otnnes.  Yes. 

CLojCr,  "Who  shall  say  for  you  ? 

Omnes.  Foreman. 

CL  qfCr,  How  say  you  ?  Is  the  defendant 
ff^ilty  of  the  trespass  and  misdemeaaor  whereof 
me  is  impeached,  or  Not  Guilty  ? 


foreman.  Guilty. 
Which  Verdict  being  recorded,  Ac  cwntroc. 

Martis  T2  Februarii,  An.  1684.  B.E. 

X.  C.  J.  Mr.  Attorney,.  Hav«c  yoo  toy  ^ 
to  move? 

Att.  Gei^  I  pray  youi  judgment  agM 
Mr.  Hampden,  my  lord,  who  was  conided 
the  other  di^  of  &  great  misdemeanor. 

X.  C,  J.  Lei  Mr.  Hanpdea  oome  iaiD  ^ 
court  then.     [Which  he^did.'] 

Att,  Gen.  Mjr  lord,  I  need  not  agg^ravalelk 
heinousnesss  of  the  offence;  for  it  9man 
botli  by  the  iHlbrmatiou,  and  upon  the  enmi 
to  be  beyond  all  aggravation,  wherefore  I 
shall  only  pray  your  judgment  for  the  kiig, 
that  you  would  pleaso  to  set  a- good  fine  vf» 
him,  and  that  he  find  sureties  for  his  g«mlb^,| 
haviour  d  uring  his  life. 

Mr.  Williams.  May  it  please  your  loidslttp, 
am  of  counsel  for  Mr.  Hampden. 

X.  C.  J.  Are  tbe  rules  out  in  thiscanse? 

Mr.  WiUiam.  Yes,  my  lord,  they  arc  oat  I 

L.C.J.  Wellth^,  what  say  yon  for  Mr. 
Hampden  ? 

Mr.  William.  Mr.  Hampden  does  sttoAl 
here  according  ^o  the  condition  of  hisnof- 
nizance,  and  shioe  Mr.  Attorney  hath  P^ 
your  judgment,  I  shall  not  stir  any  thing  as  isl 
the  indictment  or  the  verdict,  bot  all  I  h»e  l» 
'Say  tor  him  is  this,  Mr.  Hampden  is  but  hot 
apparent,  bis  father  is  alive  ;  and  so  tbosh 
he  has  the  prospect  of  a  good  estate,  yctle 
has  but  little  at  present  m  poascssiOB ;  yov 
lordship  knows  what  Magna  Chartasays^tfait 
there  should  be  a  Salvo  Contenemento  in  A 
fioe^,  and  how  far  that  may  be  an  ingredfOH 
into  your  lordship's  judgment,  I  leave  to  ytv 
consideration. 

X.  C.  J.  For  that  matter,  I  cannot  tell  wfcat 
estate  his  is,  I  have  no  knowledgre  of  him«  off 
of  his  estate,  whetlier  it  be  great  or  small ;  bot 
Mr.  Williams  knows  very  well  that  the  criiBe, 
in  conscience  as  well  as  law,  in  case  it  bd 
been  proved  by  two  witnesses,  would  not  ooly 
have  wrought  a  foi*fei(ure  of  all  his  estate, Iw^ 
a  forfeiture  of  his  life  too,  and  all  his  repo- 
tation,  would  have  bastardized  his  children}  oh 
would  have  attainted  and  corrupted  his  blooi 
So  that  there  is  no  sort  of  imagination  bntditf 
the  crime  was  high  enough  of  conscieooe;  ui 
certainly  deserves,  if  we  can  impose  it  adeqn^ 
to  its  desert,  a  very  ^reat  punishment.  Mr> 
Hampclen  nor  his  counsel  cannot  deny  hit 
that  they  bad  a  fair  and  a  full  hearing,  they 
had  the  liberty  to  say  and  prove  ail  that  tb<7 
could,  and  you  cannot  but  say,  Mr.  Atton^f 
was  very  isiir  in  making  several  ooncessioQi 
that  he  might  very  lawfully  and  rightfiiBj 
have  insisted  upon*  So  that  there  can  be  no 
exception  of  that  kind.  I  am  sorry  that  Mr. 
Hampden,  a  gentleman  of  good  quality  as  bo 
is  by  birth,  thoug^h  he  be  a  person  I  never  siw 
before  he  came  here  the  last  day  of  tbe  W 
term  upon  his  Habeas  Corpus,  that  I  know  « 
X  say,  1  am  sorry  that  one  of  his  ^uotity  mm 


STATE  TRIALS^  36  ChaUi^bs  If.  l6S4.-/or  a  MUdemeenm^.        [1 1^6 

Mr.  Hampden.  I  baTe  notbiog  but  forHfe, 
and  that  is  but  little  neither. 

Just.  Withens.  I  know  not  what  it  is  truly. 
Sir.  But  it  was  alvrays  reported  to  me  to 
be  a  Tery  great  estate ;  but  whatsoever  il  is, 
we  are  to  look  after  proportioning  the  punLsh- 
ment  as .  near  as  we  can  to  the  ofFtfuce.  My 
lord  and  the  court  have  considered  of  the 
matter,  and  they  think  fit  to  g^ive  this  Judgment 
upon  you. 

«*  They  set  the  fine  of  Forty  Thousand 
''  Pounds  upon  yon,  to  be  paid  to  the  Kin^, 
"  and  you  must '  be  committed  till  you  pay 

It. 

L,  C.  J.  And  that  yt>u  find  snreliea  fiw 
your  good  behaviour  dunng^  your  lifis. 

Att,  Gen.  I  pray  he  may  be  committed  for 
his  fine. 

JL  C.  J.  Let  it  be  so.  Mr.  Hampden,  if 
you  will  apply  yourself  to  the  king,  you  may^ 
and  there  perhaps .  you  may  find  stnevcy ;  w« 
must,  according  to  the  duty  of  our  plaoea 
and  oaths,  give  such  judgment  as  the  law 
requiFes. 

Just.  Withens.  Ay,  in  God's  name.  Yon 
are  in  the  king's  haiuls,4uid  ke  may  do  what  he 
please  in  it 

L.  C.J,  If  a  crime  of  this  natnce  should 
have  a  little  punishment,  it  might  encourage 
offenders,  and  if  we  were  to  judge  according 
to  some  verdicts  that  have  been  given  here  ibr 
less  offences,  where  gentlemen  .ha¥e  given  very 
much  greater  damages  than  this  fine  amounts 
to,  this  would  be  thought  a  moderate  fine.  % 
am  sorry  any  man  should  bring  himself  into 
these  circumstances:  The  king,  as  he  is  the 
fountain  of  justice,  so  he  is  also  of  mercy,  and 
you  and  all  the  rest  of  his  subjects  hale  cause 
to  bless  God  that  you  live  under  a  monarch  that 
is  very  mercifuL  No  doubt  if  you  give,  an 
account  of  your  contrition  and  sorrow  tor  your 
great  offence,  and  decently,  apply  yourself  to 
the  king,  be  will  think  of  shewing  mercy  to 
you  \  but  justice  is  our  work  that  are  judges  ; 
and  according  to  the  methods  of  justice  we 
think  we  cannot  inflict  less  than  we  bftr^ 
done. 

Mr.  Williams,  My  lord,  I  pray  his  bail  may 
be  discharged. 

L.C.  J,  Ay,  bis  bail  is  diishargedy  he  being 
committed. 

Mr.  WilUami.  And  for  the  high-treaion^  he 
is  discharsed  by  the  Habeas  Corpus  act 

L.  C.J.  Yes,  be  is  so,  for  there  is  no  pro- 
secution. 

Then  Mr.  Hampden  was  osrried  by  tba 
Manhal  away  prisoner. 


fidneatioii,  a  studious  person,  as  it  seems,  by 

iiis  ovirn  natural  inclination,  and  a  leaned  man, 

illiould  be  so  unhappily  engaged  in  a  design  of 

tliis  borridly  evil  nature.    But  on  the  one  side 

us  ^vell  as  we  must  take  care  of  the  subject,  so 

on  the  ether  we  must  take  care  of  the  erovern- 

xnent.      Here  was  a  design  of  destroying  the 

'luQgf,    and  subverting   the  government,   and 

lMriii«iig;ing  all  into  confusion.    Of  this  design 

tbe  defendant  is  convicted,  and  we  must  take 

esMre   to  |Nroportion  the  punishment,  and  ae- 

ek>rdin§f  to  onr  coasoences  and  oaths,  and  as 

y^h  ou^t  to  Imve  regard  to  the  offender,  so 

also  -we  areto  have  regard  «to  the  govenunent 

has  offended. 

Just.  Wit  him.  Mr.  WiHiams,  it  was  amerce- 
that  were  spoken  of  there  in  Magna 
Oharta. 

JL.  C..J.  Ay,  it  was  net«r  meant  of  fines  for 
fpreat  offences. 

Then  the 'Judges  consulted  together. 

''    Jost.  Withins.  Mr.  Hampden^you know  you 
'^re  convicted  of  a  Yety  flpreai  ofienoe,  as  great 
atn  offence  as  can  be  I  think  committed,  unless 
'it  were  high-treason.  .  Por  the  matter  of  it 
*woald  have  made  you  guilty,  if  thece  had 
been  two  witnesses.    It  was  n>r  conspiring  to 
lev^r  war  a^nst  his  nu^esty,  and  for  con- 
a|>iring  to  raise  an  insurrection  and  rebellion 
Tvithin  the  Idngdom,  a  ^  conspiracy,  of  which 
some  other  persons  being  lawfully  convicted, 
•ahey  have  suffered  dea^  for  it.    You  are  a 
pefson  of  an  eictraordinary  good  family,  and  I 
am  sorry  one  of  your  fiunily,  that  has  flou* 
rished  so  long,  and  through  so  many  genera- 
aioos  in   great  honour  and   reputation,  and 
gat  prosperity  under  the  monarchy  of  £ng<* 
kd,  snould  come  to.oonqMire  to  deprive  that 
of  his  government,  whose  ancestors  have 
protected  and  defended  yoor  fiunily,  and  to 
spoil  that  monarchy  that  has  been  the  foun- 
tain of  so  much  prosperity  and  honour  to  it 
I  am  sorry  it  codus  to  my  turn  to  pronounce 
4he  sentence  of  the  court  upon   you,  Mr. 
Hampden.  ■  I  have  not  any  personal  know- 
iedge  of  you,  but  I  have  hewd  of  you,  and 
hem  beretofi>re  very  well  of  ymu    You  have 
had  a  good  education,  and  the  report  of  a 
learned  and  ingenious  persta,  which  makes  me 
yet  wonder  the  more  that  you  shonU  engage 
in  siie|i  a  horrid  design  as  diis  was.    Mbm, 
Mr.  Hampden,  I  am  satisfied  no  fine  can  he 
•too  great,  if  any  can  be  great  enov^  fi)r  such 
an  ^enoe.    n  e  cannot  take  cognisance  ^hat 
yoor  estate  is,  it  is  r^rted  there  is  agreat  es- 
tatein  yonr  fiunily,  it  has  beenidways  rspre- 
jented  to  be  80« 


%' 


1137}  STATE  TRIALS,  36 ChabxesIL  l6S4.'^Trkd(^Braiionmdapeki,[im 


303.  The  Trial*  of  Laurence  Braddon  and  Hugh  SpEKE,atfhe 
King's-Bench,  for  a  Misdemeanor,  in  subornijig  Witnesses  to 
prove  the  Earl  of  Essex  was  murdered  by  his  Keepers: 
36  Charles  II.  a,  d.  1684. 


Hillary,  February. 7,  1684. 

.  1  HE  defendants,  who  had  pleaded  not  gfoiliy 
/to  an  information  filed  last  term,  were  now 
brous^ht  to  trial. 

CLnfCr,  Crier,  call  the  defendants,  Lau- 
rence Braddon,  and  Hugh  Speke. 

Crier,  Laurence  Braddon  and  Hugh  Speke, 
oome  forth,  or  else  this  inquest  shall  be  taken 
Ay  your  default. 

Mr.  Wallop,  Tl^ey  appear. 

CI.  ojfCr.  Gardez  votrez  Challenges.  Swear 
sir  Hugh  Middleton.  [Which  was  done.] 
And  there  being  no  challenges,  the  twelve  gen- 
tlemen sworn  to  tiy  this  caiise,  were  these ; 
8ir  Hugh  Middleton,  ThonMs  Harriott,  Tho- 
nas  Earsby,  Joshua  Galliard,  Richard  Shore- 
ditch,  Charles  Good,  Samuel  iRouse,  Hugh 
Squii^e,  Nehemiah  Arnold,  John  Bitield,  WiU 
liam  Waite,  and  James  Supple.  Who  being 
.€0untx?d,  proclamation  was  made  in  usual  form 
for  information. 

CL  {^\  Cr,  Gentlemen,  you  of  the  jury 
hearken  to  the  record.  His  roaiesty's  Attor- 
ney-General in  this  court  has  exhibited  an  In- 
formation against  the  defendants  by  the  names 
of  Laurence  Braddon  of  the  Middle-Temple, 
gent,  and  Hugh  Speke  of  Lincoln's- Inn,  gent. 

*  And  the  Information  sets  forth, 

•  That  whereas  Arthur  earl  of  Essex,  the 

*  ISth  of  Jul^,  in  the  35th  year  of  the  reign  of 
*oiir  sovereign  lord  Charles  fi,  by  the  ffrace 

*  of  God,  of  Engl  and,  Scotland,  France  and  Ire- 

*  iand,  king,  defender  of  the  faith,  &c.  was 
^  committed  to  the  prison  of  our  lord  the  king, 

*  in  the  Tower  of  London,  for  certain  high- 
<  treasons  by  him  supposed  to  be  committed. 

*  And  the  said  Arthur  earl  of  Essex  being  a 

*  prisoner  in  the  Tower  of  London  aforesaid, 

*  for  the  high-treason  aforesaid,  the  13th  day 

*  of  July,  in  the  aforesaid  35th  year  of  the 

*  reign  of  our  said  sovereign  lord  the  king,  that 

♦  From  a  Patophlet,  intitled,  "  The  Trial 
of  Laurence  Braddon  and  Uuo^h  Speke,  gent, 
upon  an  Information  of  High  Misdemeanor, 
Suboi-nation ,  and  spreading  False  Reports.  En  • 
deavouring  thereby  to  raise  a  belief  in  his  ma- 
jesty's subjects,  that  the  late  earl  of  Essex  did 
toot  murder  himself  in  the  Tower,  contrary  to 
what  was  found  bv  t}<^  Coroner's  Inquest, 
Before  the  Right  Hon.  Sir  George  Jeft'reys, 
knt.  and  hart..  Lord  Chief  Justice  of  his  Ma- 
j?sty'8  Court  of  King's- Bench,  and  the  rest  of 
the  Rev.  Jud^s  of  that  Court,  holden  at  West- 
ipiuster,  on  Friday,  Feb.  7,  1684." 

*  I  do  appoint  Benjamin  Tooke  to  print  the 

*  Trial  of  Laurence  Braddon  and  Hugh  Speke ; 

*  and  order  that  no  other  person  presume  to 
'  print  the  same.    Geo.  Jcffrbts.* 


DOW  IS ;  not  haviBg  the  foir  of  God  before  his 
eyes,  bat  being  moved  and  seioDed  I7  tbe 
imstigation  of  the  devil  at  the  Tower  of  Loo- 
don  aforesaid,  in  die  coonty  of  Middlesa 
aforesaid,  himself  feloniously,  and  as  a  fdm 
of  himself,  did  kill  and  murder,  as  by  an  in- 
quisition taJien  at  the  Tower  of  Loadon  aioi^ 
said,  in  the  county  of  Middlesex  aibtesidd^  tbe 
14th  day  of  July,  in  the  year  aforesaid,  before 
Edward  Femham,  esq.  then  coroner  of  oor 
lord  the  kmg,  of  ^e  liberty  of  the  Tower  of 
Londoii  aforesaid,  upon  the  view  ot  tbe  body 
of  the  said  Arthur  earl  of  Essex ;  and  now  it 
this  court  remaining  of  record  more  plaiolv 
does  appear.    They  the  said  Laurence  find- 
don  and  fiugh  Speke  not  being  igoonmof 
the  premises,  but  contriving,  and  makkknij 
and  seditiously  intending  the  govenimeDt  OT 
our  said  lord  the  king  of  this  kingdom  ef 
England,  into  hatred,  dii^'ace  and  ooBtenyt 
to  bring,  the  15th  day  of  August,  in  Aeafon- 
said  35th  year  of  the  reign  of  our  said  BOv^ 
reign  lord  the  king  that  now  iB,^aDddiven 
other  days  and  times  as  well  before  as  aller, 
at  the  parish  of  St.  Clement  Danes,  ia  tbe 
coimty,  of  Middlesex;  with  force  and  aiVM) 
Sec.  falsely,  unlawfully,  maliciously  and  se&* 
tiously  diJl  conspire,  and  endeavour  to  mtki 
the  subjects  of  our  said  lord  tbe  king  of  tb 
kingdom  of  England,  to  believe  that  the  iik* 
ouisition  aforesaid  was   unduly  taken,  vd 
that  the  said  Arthur  earl  of  Easez,  by  ceittti 
persons  unknown,  in  whose  custody  he  «Hi 
was  killed  and  murdered.    And  to  perfect  as' 
bring  to  effect  their  malicious  and  seditios 
contrivances  aforesaid ;  they  the  said  Ln- 
renoe  Braddon  and  Hu^h  Speke  &t  the  paiiA 
of  St.  Clement  Danes,  m  the  coun^  of  Mid- 
dlesex aforesaid,  the  15tb  day  -of  August,  ii 
the  S5di  year  aforesaid,  fhlsly,  unlawfollyi 
unjustly,  maliciously  and  seditiously  did  coa* 
spire  to  procure  certain  false  witnes^s  t 
prove,  that  the  said  Arthur  earl  of*  Essex, «« 
not  a  felon  of  himself,  but  that  the  said  carf 
isf  Essex,  by  the  said  persons  unknown,  «m 
killed  and  murdered :  And  to  persuade  otba 
sul^ect«  of  our  said  lord  the  king*  to  belief 
this  to  be  true,  they,  the  said  Laurence  Bra'* 
dQn  and  Hu^fh  Speke,  falsly,  tnalictausly  v^ 
seditiously,  then  and  there  in  writiDg'  did  4» 
clare,  and  cause  to  be  declared,  the  said  1^ 
rence  Braddon  to  be  a  person  that  would  pio- 
secute  the  murder  of  the  said  earl  of  Esses; 
to  tbe  great  scandal  and  contempt  of  tlue  g** 
vemment  of  our  lord  the  king  of  this  kii^dM 
of  England,  to  the  evil  example  of  all  other  a 
the  like  case  offending,  and  agninst  the  pesc* 
of  our  sovereign  lord  the  king,  liis  crown  td 
dignity.    To  Uiia  Infomiation  the  defonditf 


1 1 29]        STATE  TRIALS,  36  Chahlbs  IL  l6$4^ar  a  Mbdemamor.       [iiso 

hare  ttrenHjr  pleaded  not  g^miiy,  and  for 
their  trial  hare  put  themaelTes  opoa  the 
coantry,  and  hia  majesty's  Attomey-Geoeral 
likeirisey  Tffaich  cooatry  you  are:  Yoor 
charge  is  to  enquire,  whether  the  defeudantSf 
or  eiUier  of  them,  are  gfoilty  of  this  great  mis- 
demeanour whereof  they  are  impeached,  or 
not  guilty.?  If  you  find  them,  or  either  of 
tiiem  guilty,  you  are  to  say  so ;  if  you  find 
them  or  either  of  them  not  guilty,  you  are  to 


aay  so,  and 
deuce*.* 


no  more,  and  hear  your  evi- 


^The  Indictment  in  Latin  runs  thus : 

Mich.  35  Car.  2.  Rot.  54.  B.  R. 

*  U4  Quod  cum  Arthur  Comes  Essex  duode- 
cimo die  Jan*,  anno,  Sec-  35.  commissi  fuit 
prison*  Dem*  Regis  Turns  London,  pro  qni- 
busdam  alt'  prodition*  per  ipsum  perpetrari 
snppodt',  et  idem^  A.  Comes  Essex  existen* 
prisonar'  in  Tur*  London^ '  preed^  pro  alta 
proditione  preed*,  IS  die  Jan*,  anno  rtgm  diet* 
Dom'  Regis  35  supradS  Denm  prte  oculis 
•uis  non  nabens,  sed  instin^one  diabolica 
mot*  et  seductS  apud  Tur^  London  |>rsd*  in 
com*  MiddSseipsum  felonice,  et  utfelo  dese, 
interfecit  et  mnrdrayit,  prbut  per  inquisition' 
capf  apud  Turr*  London  praedS  m  Com* 
Midd*  pned*  14  die  Julii,  anno  suprad*,  coraoL 
Edwarao  Faraham  Arm*,  tunc  Coron*  dict^ 
Dora*  Regis  libertat*  Turr*  London,  super 
visum  corporis  pncd*  A.  Com*  E.  coram  Do- 
mino Rege  de  recordo  remauen*  plenius  U- 
2uct  et  apparet.  Quidam  tamen  Laurentius 
^raddou  de  Medio  Templo  liondon  Gen*,  et 
Hugo  Speke  de  Lincoln's- Inn  in  com*  Midd* 
Gen*,  pnemiasor*  non  ignar*,  sed  machman* 
et  nifditiose,  et  seditiose  intenden*  guberna- 
tion*  diet*  Dom*  R^s  hujus  regn*  AngI*  in 
odium,  vilipend*,  et  contempt*  ducere*  15  die 
Aiigusti,  anno  rejj^i  diet*  Dom*  Re^^is  nunc 
35.  sopred*,  et  diveniis  al*  diebus  et  vicihus, 
tarn  antea,  quam  postea,  apud  paroch*,  &c.  vi 
et  armis,  See,  ialso,  illicite,  malitiose,  et  sedi- 
tiose conspirahant,  et  conabantur  cansare  sub. 
dit*  diet*  Dom*  Re^s  hujus  regn*  Angl*  cre- 
dere, quod  inquisitto  praod*  inddiite  oapt*  fuit, 
et  quqd  prsed*  A.  Com*  E.  per  quasdam  per- 
son* ignot*,  in  quar*  custod*  fuit,  interfect*  et 
murdrat*  fuit,  et  ad  malitiosas  et  seditiosas 
machination*  et  intention*  suas  praed*  perfi- 
cien*,  et  ad  eflTectum  redigend*,  iidera  L.  B. 
et  H.  S.  apud  paroch*,  &c.  dicto  15  die  Au- 
gusti,  anno  45  suprad*,  false,  iUicite,  injuste, 
et  seditiose  conspiraver'  procurare  ouosdam 
lalaos  testes  ad  proband*,  quod  pned*  A.  Com* 
E.  non  fuit  felo  de  se,Bed  quod  idem  A.  Com* 
E.  per  pned*  person*  ignot*  interfect*  et  mur- 
drat* fuit,  et  ad  persuadend*  al*  subdit*  diet* 
Dom*  R^[i8  credere  hoc  fore  verum,  iidem 
L.  B.  et  H.  S.  false,  malitiose,  et  seditiose  ad- 
tunc  et  Ibidem  in  scriptis  dedaraver*,  et  de- 
clarari  cansaver*'  pnnai*  L.  B.  fore  person*, 

Juae  proae^uebatur  murdrum  prad*  A.  Com* 
i.  in  maximum  scandalum  et  contempt*  gn- 
beniatioii*  Dom*  Regis  hujus  ingai  AsglS  in 

^  I 


Then  Prodamatioii  was  inadefiir  e?ideiioe. 

Mr.  Dolhen,  May  it  please  your  lordship, 
and  you  gentlemen  that  are  sworn ;  This  is  an 
information  preferred  by  Mr.  Attorney- Ge- 
neral, against  the  defendants  Laurence  itfrad- 
don  and  Hufi^h  Speke,  and  the  information  does 
set  forth,  that  whereas  Arthur  late  earl  of 
Essex,  the  12th  of  July  last,  was  committed  to 
the  Tower  of  London  tor  certain  treasons  sup- 
posed to  have  been  by  him  done :  Au^  the  said 
earl  being  so  committed  prisoner  to  the  Tower  for 
treason,  not  having  the  fear  of  God  before  his 
eyes,  feloniously  and  as  a  felon  did  kill  and 
murder  himself,  as  by  an  inquisition  taken  be- 
fore the  coroner  of'^the  Tower  liberty  may 
more  fully  appear ;  yet  the  defendants  Lau- 
rence Braddon  and  Hugh  Speke  not  being  ig* 
norant  of  the  premises,  but  designing  to  bring 
the  government  into  hatred  and  contempt,  tha 
15th  day  of  Aujfust  last,  in  the  parish  of  8t. 
Clement  Danes  m  this  county,  with  force  and 
arms,  falsty^  unlawfuUy,  mahciously  and  sedi- 
tiously did  conspire  together  to  make  the  king's 
subjects  beUeve,  that  the  inquisition  aforesaid 
was  unduly  taken,  and  that  the  said  earl  of 
Essex  did  not  murder  himsdf^  but  was  by  cer- 
tain persons  unknown,  in  whose  custody  he 
was,  murdered.  And  it  further  sets  forth,  that 
these  defendants,  Laurence  Braddon  and  Hugh 
Speke,  designed  to  disturb  and  disquiet  £e 
minds  of  the  king's  subjects,  and  to  spread 
fals^  reports,  did  conspire  to  procure  certain 
false  witnesses  to  prove  that  tlie  said  earl  of 
Essex  was  not  a  felon  of  himself,  but  was  by 
some  persons  unknown  killed  and  murdered: 
And  to  persuade  other  subjects  of  our  sovereign 
lord  tlie  king  to  believe  the  said  report,  they 
did  falsely,  maliciously,  unlawfully  and  sedi- 
tiously cause  to  be  declared  in  writing,  that  the 
said  Laurence  Braddon  was  the  person  that  did 
prosecute  the  said  earl's  murder.  And  this 
was  to  the  great  scandal  of  the  ^rernment,  to 
the  evil  example  of  all  persons  m  like  case  of- 
fending, and  against  the  peace  of  the  king,  his 
crown  and  dignity.  To  this  the  defendants 
have  pleaded  not  guilty ;  if  we  prove  it  upon 
them,  we  make  no  question  you  will  find  it. 

i4(^Gefi.  (SirRobertSawver.)  Mayitpkasa 
vour  lordship,  and  you  gentlemen  of  the  juiy, 
Mr.  Speke  and  BIr.  Braddon,  these  two  gen* 
tlemen,  are  accused  of  as  high  conspiracy  as 
erer  has  or  could  well  happen  in  our  ilEiys,  oT 
Growing  the  murder  of  a  person  that  lulled 
himself  upon  the  government.  And  I  must 
acquaint  you,  their  design  was  of  an  higher  na- 
ture than  barely  that ;  lor  this  gentleman,  my 
lord  of  Essex,  was  committed  to  the  Tower  fi)r 
the  late  plot,  and  heing  so  committed,  when  he 
had  killed  himself  there,  that  was  more  than  a 
thousand  witnesses  to  open  the  eyes  of  the  pe»- 

*  malum  exemphim,  omnium  al*  in  tafi  easu  de^ 

*  hnquen,  ac  oontH^  pacem  diet*  Dom*  Regis 
'  Banc,  coroB*,  et^jUsniatat*  suas,  &c.  Unde 
«idem  AHom*  dict^  l)oiii*  Regis  mme  ft^ 


1151]  STATE  TRIALS,  36CHARrasII. 

phf  md  confiim  the  belief  of  the  conspiracy  : 
And  one  would  have  thoagbt  aflcr  that,  there  bad 
been  an  end  of  the  design,  that  these  protestant 
gentlemen,  as  they  call  themselves,  were  carry- 
ing on ;  when  the  earl  of  Essex,  a  person  of  that 
quality  apd  worth,  should  go  to  murder  himself 
upon  the  sense  of  what  he  was  guilty  of.  So 
that  the  design,  gentlemen,  was  to  stifle  the 
plot,  and  at  the  same  time  tSiey  must  throw 
this  ill  thing  that  the  earl  had  committed  upon 
himself,  upon  the  ^yernment:  That,  gentle- 
men, was  the  mam  disgrace,  in  order  to  stifle 
that  peat  evidence  of  the  plot.  And  Mr. 
Braddon  must  of  his  own  head,  not  beinff  put 
on  by  any  of  the  (liends  of  the  earl  of  Essex, 
who  were  all  very  sensible  the  earl  bad  done 
this  fact,  committed  this  murder  upon  himself; 
but  1  say,  he  out  of  a  true  priridple  to  manage 
the  ProStestant  cause,  as  they  call  i^  but  indeed 
It  was  the  plot,  he  becomes  the  prosecutor 
tif  this  business,  and  yon  will  find  bim  by  the 
proofs  in  the  case,  a  man  of  many  like  projects. 
For  you  will  find  him  value  himself  upon  ttkese 
titles,  that  he  is  the  nroeecutor  of  the  earl  of 
'Essex's  murder,  ana  the  inventor  of  the  Pro- 
testants flails,  an  instrument,  1  suppose  gentle- 
men you  hare  all  heard  of. 
.  Now,  gentlemen,  to  make  this  appear  to  the 
world,  letters  are  sent  into  all  parts  of  Eoj^land 
t>f  this  bruit  and  report  He  himselr  goes 
about  to  find  evidence :  for  it  was  so  p^eat  a 
truth,  and  there  was  such  a  plain  proof  that  the 
«arl  of  Essex  had  killed  binu;e1f,  that  be  must 
labour  it  to  eet  evidence.  And  he  goes  about 
it  accordinglV)  and  at  length  he  meets  with  a 
little  chiM  of  twelve  years  of  age,  and  he  |)re- 
pares  for  him,  all  with  his  own  band  writm^, 
a  defiosition,  which  is  a  feigned  story  all  of  it, 
and  in  every  part  of  it  will  appear  to  be  false, 
and  there  he  migbtily  solicits  this  young  boy 
to  si^  It.  He  comes  to  his  father's  house, 
carries  him  in  a  coach,  forces  him  awaiy,  and 
ferces  him  to  sign  this  paper  that  he  had  thus 
prepared  for  bim,  all  oi  bis  own  invention  and 
writing;  and  with  the  like  confidence  as  he 
appears  here,  (for  so  he  does  appear  with  very 
ipreat  confidence,  as  you  may  observe)  be  at- 
tests it  himself.  And,  gentlemen,  we  shall 
•hew  you,  that  here  up  and  down  the  town  he 
makes  it  bis  comoMn  discourse  what  he  was  in 
liand  with,  and  makes  his  boast  of  himself  to 
be  the  prosecutor  of -the  earl  of  Essex's  murder, 
and  he  had  as  ffood  a  confederate  as  himself, 
Mr.  Speke,  and  he  having  an  interest  in  tiw 
country,,  whither  the  news  must  be  sent  all 
abroad,  and  Mr.  Braddon  must  go  to  pick  up 
evidence,  I  knew  not  where  ft  great  way  off, 
«f  a  murder  pommitted  in  the  Tower.  We 
shall  prove  to  you,  he  had  letters  missive  and 
recommendatory  from  Mr.  Speke  to  a  gentle- 
man with  whom  Mr.  Braddon  wasto  aidvise; 
for  they  looked  upon  it  to  Be  as  dangerous  an 
CDterpriz^  almost  as  the  plot  itself^  as  indeed  it 
was ;  therefore  they  must  be  wary,  and  Mr. 
Braddon  is  advised  to  go  by  a  wrong  name ; 
so  this  Mr.Speke  and  Braddon  were  to  cany 
on'  and  niakc  up  this  tragi-comedyi  fw  I  on 


call  it  nothing  else,  for  the  ridicolonsneag  u 
well  as  the  dangerou8nei»  of  the  design.  T^t 
refiort  was  to  be,  that  this  murder  of  the  eari 
of  Essex  was  committed  bv  the  oiiicerB  that 
atieiided  my  lord,  and  to  faU  out  in  time  wbea 
his  majesty  was  in  the  Tower,  as  if  the  .king 
hirpseif  had  a  hand  in  it.  We  shall  trace  it  in 
itll  parts  of  it  by  several  witnesses,  and  h(tpe 
you  will  make  them  an  example,  first  in 
nnding  them  guilty,  and  the  court  aAerwanU 
by  4k  severe  punishment  for  such  a  viUaioow 
practice,  to  scandalize  the  government  with 
the  murder  of  a  noble  peer.  We  shall  besio 
with  shewing  you  tlie  inquisition,  or  ratSer 
first  with  the  coovictroent  of  the  earl  of  fina 
for  high  treason,  because  it  is  laid  in  the 
record  by  way  of  inducement.  Call  Mr. 
Reynolds.  [Who  was  sworn.]  Have  von 
tbe  wai'rant  of  oommitmeut  of  my  lord  of 
Essex. 

Mr.  Rejfnolds.  Yes.       , 

Att,  Gen,  Shew  it  the  court.  Let  the  deii 
read  it 

Air.  Repioldt,  .  This  is  the  commtlmenttbat 
was  delivered  the  lieutenant  of  the  Tower,  to- 
gether with  my  lord  of  Essex. 

CL  of  Cr.  This  is  directed  to  Thontti 
Check,  esq.  lieutenant  of  his  majesty's  Tower 
of  London.  Subscribed  Leolin  Jenkins,  and 
dated 


Sir  Leolin  Jenkins,  knight,  of  hisMajcsty^i 
*  most  honourable  Privy  Council,  and 
'  principal  Secretary  of  State. 

*  These  are  in  his  majesty's  name  to  will 
and  require  you  to  receive  into  your  custody 
the  person  of  Arthur  earl  of  Essex  berewitn 
sent  you,  being  committed  for  bi^h-treaaoii, 
in  compassing  the  death  of  the  kinff  (whpoi 
God  preserv^,  and  conspiring  to  levy  war 
a^nst  his  majesty*  Ana  him  the  8aid..eul 
ot  Essex  to  keep  in  safe  custody,  until  be 
shall  be  delivered  by  due  course  of  law.  And 
for  so  doing  this  shall  be  your  warrant 
Given  under  my  hand  and  seal  at  Whitd^t 
tbe  10th  day  of  July,  1663.      L.  JENurn.^ 

*  To  Thomas  Check,  esq.,  lieat  of 

*  '  his  miyesty 's  Tower  of  London.' 


Att,  Gen.  My  lord,  we  will  then  read  thi 
inquisition,  that  the  earl,  being  thus  in  tbe 
Tower,  killed  himself. 

Solicitor  General.  (Mr.  Fmch.)  Shew  tbe 
inonisition.    Where  is  Mr.  Famham  f 

Mr.  Famkam,  Here  I  am.  The  inquisitioB 
is  returned  here,  and  is  upon  record. 

CLrfCr.  Here  it  is.  Number  11.  [Hi 
reads.] 

'  London,  »•  An  Inquisitiim  indented,  t^^ 
at  the  Tower  of  Lnidon  aforesaid,  is  die 
coun^  of  Middlesex,  the  14th  day  of  J^» 
in  tbe  year  of  the  reign  of  our  sovereign  loid 
Charles  9^  by  the  grace  of  Godof  Ei^m 
SoothuML  France  and  Irdand,  king,deleDdtf 
of  the  faith,  &c.  the  a^th,  before  £dwtfd 
FanduMD,  esq.  coNMr  of  our  Mid  lord  UM 


^ ; 


1 135}        STATE  TRIALS,  56  C^arle^  U.  l6U.-^for  d  Miiemcim&r.         {1134 

the  person  tiiatliraiiglit  me  the  warrant,  I  told 
him  I  coiild  oot  execate  it  without  one  of  the 
commissioners'  officers ;  and  I  bid  him  ffo  to 
Mr.  Edwards,  who  was  the  next  officer  adjoin- 
infif  to  the  key,  and  he  wedt  to  his  house,  and 
torn  him  I  was  at  the  water- side,  and  had  a 
^arrant,  which  I  desired  him  to  be  present 
while  I  executed  it;  Mr.  Braddon  it  seems 
was  then  present  in  the  plaod  with  Mr.  Ed- 
Wards  when  this  was  told  him,  and  hearing  mj 
name,  l^Ir.  Braddon  came  ,down  with  Mr.  Ed- 
wards, and  found  me  then  at  Smith's  coffee- 
house, and  Mr.  Edwards  told  me  Mr.  Braddon 
had  been  with  him  examining  his  son,  in  rela- 
tion to  a  matter  oi  a  razor  that  was  thrown  out 
of  my  lord  Essex's  window ;  and  I  present- 
ly replied,  I  desired  ther^  would  not  speak  of 
any  such  matter  to  me,  tor  I  had  seen  the  coro- 
ner's inauisition  upon  oath,  where  it  was  d<»- 
cliared,  tbe  thing  was  so  and  so,  and  two  per- 
sons had  sworn  what  seemed  to  be  contrary  to 
this ;  and  therafore  I  desired  they  would  for- 
bear any  such  discourse  to  me. 
"  L.  C.  J.  Who,  they  ? 

Evans,  Braddon  and  he  were  t(^;ether. 

X.  C.  J.  Who  he  ?  Man. 

Evam.  Mr.  Edwards.  And  withal  I  maHe 
my  application  to  Mr.  Braddon,  and  I  desired 
him  he  would  not  meddle  with  such  a  matter, 
for  I  thought  it  might  be  prejudicial  to  him  and 
Mr.  Edwards  too.  Mr.  Braddon  made  me  no 
answer,  but  went  directly  out  of  the  room. 

L,C.J.  What  do  you  mean  by  so  and  so, 
and  a  razor  thrown  oi^t  of  a  window?  We  do 
not  understand  your  so  and  so. 

Evans.  Relating  to  a  matter  of  a  razor. 

L,  C  J.  Pr'ythee,  we  do  not  know  what 
that  matter  of  a  razor  is? 

Evans.  A  I'azor  that  vras  said  to  be  thrown 
out  of  my  lord  of  Essex's  window. 

X.  C.  J.  TNell  us  what  the  story  was,  man. 

Evans,  Mr.  Edwards  told  me,  that  Bfr. 
Braddon  was  with  him  to  examine  his  ^n,  re- 
lating to  a  matter  of  throwing  a  razor  out  of 
niy  lord  of  Essex's  window  v  this  is  that  he 
said,  to  the  best  uf  my  remembrance. 

SoL  Gen.  Was  Braddon  present  there  ? 

Evans.  Yes,  Mr.  Braddon  and  Mr.  Ed- 
wards were  both  present. 

X.  C.  J.  Well,  what  was  the  discourse  be* 
t\teen  you,  tell  us  plainly. 

ETjans.  Says  Mr.  Edwards  to  me,  Mr.  Brad-' 
don  has  been  to  examine  mv  son  about  such  a 
matter,  so  I  desired  he  would  not  discourse  aar' 
thing  of  that  matter  to  me,  and  I  told  him,  X 
advise  you  not  to  proceed ;  for  I  told  him  it 
would  be  prejudicial  both  to  him  and  Mr.  Ed^ 
wai'ds  too. 

X.  C.  J.  What  is  meant  by  this  matter?  he 
examined  my  son  about  a  matter,  and  I  de» 
sired^im  he  would  not  discourse  of  this  mat- 
tst;  What  is  all  that  matter? 

Just.  Hoiioway.  What  did  you  aj^rehend 
by  it? 

Evans.  I  appreh^d  that  Mr.  Braddon  had 
been  to  exasune  Mrl  Edwards^s  son  about  iudb 
a  matter. 


the  oaths  of  Samuel  Colwal,  esq.,  William 
^  Fisher,  Thomas  Godsel,  esq.,  Thomas  Hunt, 
'  Nathaniel  Mpuntney,  esq.,  Thomas  Potter, 
'  William   How,  Robert  Burgoine,    Elfeazer 

*  Wickins,  Thomas^  Ho^flesh,  Henry  Criups, 

*  Richard    Rudder,    William    Knipes,    John 

*  Hudson,  John  Kettlebeter,  Lancelot   Cole- 
'  son,  Morgan  Cowam,  Thomas  Bryan,  Wil- 

*  liam  Tbackston,    Richard  Cliffe.   Zebediah 

*  Pritchard,  W.  Baford  andTbeophilus  Carter, 

*  good  and  lawful  men  of  the  liberty  of  the 

*  Tower  of  London  aforesaid,  who  being  charg- 

*  ed  and  sworn  to  enquire  for  our  said  lord  the 
'  king,  when,  by  what  means,  and  how,  the 

*  said  Arthur  earl  of  Essex  came  to  his  death, 

*  upon  their  oaths  do  say,  that  the  said  Arthur 

*  earl  of  Essex,  the  13th  day  of  July,  in  the 

*  35th  year  of  the  reign  of  our  sorereiffn  lord 
*'  the  king  aforesaid,  at  the  Tower  of  London 

*  aforesaid,  in  the  county  of  Middlesex  afore- 

*  said,  about  the  hour  of  nine  in  the  forenoon  of 

*  the  same  day,  not  having  the  fear  of  God 

*  before  his  eyes,  but  being  seduced  and  mov^ed 

*  by  the  instigation  of  the  devil,  of  his  malice 
*-  aforethought,  at  the  Tower  of  London  afore-  | 

*  said,  in  the  county  aforesaid,  then  and  there 

*  being  alone  in  his  chamber,  with  a  razor  of 

<  the  Talue  of  one  shilling,  .Tolnntarily  and 

*  feloniously  did  cut  his  throat,  giving  unto 

*  himself  one  mortal   wound,  cut  fruin    one 

*  jugular  to  the  other,  and  by  the  asfMira  ar- 

<  teria,  and  the  windpipe,  to  the  vertebres  of 

*  the  neck,  both  the  ju^lai-s  being  thoroughly 
«  divided,  of  which  said  mortal  wound  the  said 

*  Arthur  earl  of  Essex  instafitly  died ;  and  so 

*  the  jurors  aforesaid,  say  upon  tneir  oaths,  that 

*  the  said  Arthur  earl  of  Essex,  in  manner  and 

*  form  aforesaid,  then  and  there,  voluntarily 
^  and  feloniously,  as  a  felon  of  himself,  did  kill 

*  and  murder  himself,  against  the  peace  of  our 

*  sovereign  lord  the  king,  bis  crown  and  dignity. 

*  In  witness  whereof,  ai  well   I  the  coroner 
*■  aforesaid,  as  the  jurors  aforesaid,  to  this  in- 

<  quisition,  have  interchangeably  put  our  seals, 
*■  tlie  day  and  year  abovesaid.' 

Att.  Gen.  Call  Mr.  Evans  and  Mr.  Ed- 
wards. Af\er  this,  my  lord,  we  shidl  shew 
you,  that  Mr.  Braddon  went  about  the  town, 
and  declared  the  earl  was  murdered,  and  he 
was  the  prosecutor.  There  is  Mr.  Evans, 
•wear  him.  [Which  was  done.]  Pray  will  you 
gwe  an  account  to  my  lord  and  the  jury,  what 
you  know  of  Mr.  Braddon's  goin^  about  and 
declaring  he  was  the  prosecutor  of  my  lord  of 
Essex's  murder  ? 

Mr.  Evans.  My  lord,  all  that  I  know  of  this 
matter,  is  this.    About  the  17th  of  July  last — 

X.  C.  J.  (Sir  George  Jefferies.)  When  is 
the  inquisition  ? 

CI.  ofCr.  It  is  the  14th  of  July. 
.    X.  C.  J.  Well,  gx»  on. 

Evans.  The  17th  of  July,  last  I  was  at  the 
cuMom-houw  key,  shipping  off  some  lead,  aad 


1155]  STATE  TRIALS,  36CHAftLK8  IL  l684.— Trifli  ^  briddmtmd:^,  [i}^ 


X.  C.  J.  What  ntatter,  mail  ? 

jEmifu.  His  dispersing-  of  any  such  report. 

£.  C.J.  What  report? 

Evans.  A  report  of  throwing  a  razor  out  of 
my  lord  of  Essex's  window. 

L,  C  J.  Here  is  a  razor  thrown  out  of  a 
window,  and  a  matU^r  of  1  know  not  what. 

Just.  Wilhins.  Suppose  a  man  should  throw 
a  razor  out  of  a  window,  what  signi6es  that? 

X.  C.  J.  Where  heard  he  ofthat  matter?- 

Evam,  This  is  ail  I  heard,  my  lord,  I  am 
upon  my  oath. 

L.  C.  J.  But  I  wishjthou  wouldst  let  us  know 
what  it  is  thou  didst  hear  ? 

Mr.  Jones.  Was  there  no  talk  of  a  bkxMly 
razor  ? 

Evans.  No,  not  a  word  of  it. 

JL  C.  J.  How  came  you  to  be  frighted  then, 
and  to  be  nowiilinff  to  hear  of  that  matter,  and 
to  tellliim,  you  tnou^ht  it  might  be  preju- 
dicial to  him  and  Mr.  Edwards? 

Evans.  I  told  him  I  had  seen  the  coroner's 
imiuest,  where  it  was  proved,  that  the  razor 
lay  in  such  a  place ;  therefore  I  desirpd  they 
would  not  8p€»k  to  me  of  any  such  matter,  and 
I  desired  31r.  Braddon  not  to  proceed  in  it,  for 
you  may  do  yourself  and  Mr.  E'dwards  too 
some  preiodice. 

Att.  Gen.  Look  you,  Mr.  Evans,  what  did 
yoa  understand  by  the  throwing  the  razor  out 
of  the  window,  and  giving  him  caution  not  to 
proceed?  The  razor  mi^ht  be  found  thei*e, 
what  was  the  meaning  of  it  ? 

Evans,  May  it  pl^e  yonr  lordship,  there 
was  a  report  at  the  custom-house  that  very 
morning  the  earl  of  Essex  cut  his  throat,  that 
there  was  a  razor  thrown  out  of  the  window. 

Mr.  Jones.  You  did  advise  Braddon,  you  say, 
not  to  proceed  in  it?  ' 

EvoTU,  Yes. 

•Ikfr.  JofUf.  How  came  you  to  advise  him  so? 
•  Eoans.  Because  it  might  be  prejudicial  to 
him  and  Mr.  Edwards  too. 

Ati.  Gen,  Was  there  no  talk  between  Mr. 
Edwards,  Mr.  Braddon  and  you,  that  Mr. 
Braddon  would  be  a  prosecutor  of  the  murder 
of !the  earl  of  Essex,  upon  your  oath  ? 

Evans,  Not  one  word  or  syllable.  For  Mr. 
Braddon  spake  not  one  word,  good  or  bad  :  I 
gave  an  account  to  secretary  Jenkins  of  c^ery 
word  that  passed. 

Att,  Gen.  Did  not  von  advise  him  not  to 
prosecute  the  business  ? 

Evans,  I  did  advise  him  not  to  disperse  such 
a  report. 

X.  C.J.  What  report? 

Evans.  Of  a  razor  being  thrown  out  of  my 
lord  of  Essex's  window. 

•Att.  Gen^  Why,  suppose  there  had  been  a 
razor  thrown  out  of  the  window,  what  then  ? 

Evans.  Then  it  was  contrary  to  the  inform 
ation  and  evidence  given  before  the  coroner. 

X.  C,  J.  Why  80  ?  why  might  it  not  be 
thrown  out  after  it  was  found  in  the  place  where 
the  inquisition  says?  Thou  art  a  wonderful 
cautelous  man ;  where  is  tlie  danger  of  the 
report  of  a  razor  l^eing  throws  oat  of  a  window  ? 


There  most  be  somethuig  more  in  it,  if  ve 
could  but  eet  it  out  of  him. 

Evans,  Will  your  lordship  be  pliased  to 
hear  me  ? 

X.  C.  J.  Ay,  I  do  hear  thee,  but  Idoaot 
understand  thee. 

Evans.  May  it  please  your  lordship,  I  «1 
read  the  words  verbatim  that  I  gif  e  to  (he 
secretary. 

X.  C.  J.  Why,  I  believe  you  can  read,  audi 
make  no  doubt  you  can  wnte  too,  or  you  art 
not  fit  to  be  a  custom-house  officer. 

Evans.  1  put  in  this  pajier  to  the  secretaiT, 
and  will  repeat  what  I  said  then,  as  near  as  I 
can,  upon  my  oatli. 

X.  C.  J.  1  care  not  a  farthing  ^htt  y«i  d^ 
livered  to  the  secretary;  tell  us  what  tbou  baa 
to  say  plainly  ? 

Evans.  May  it  please  your  lordship,  I  iril 
read  it  what  it  is. 

Sol:  Gen.  You  may  look  upon  yoor  paper 
to  refresh  your  meniory,  hut  you  most  cot 
read  it  here. 

Evans.  If  it  please  you,  I  Will  tell  yon  tbe 
reason  and  occasion  I  had  to  go  to  the  secre- 
tary. 

X.  C.  J.  I  know  not  what  oocasioD  dwa 
hadst  to  go  to  the  secretary,  nor  do  I  care  what 
thou  didst  when  thou  camest  there,  it  inay  be 
thou  madest  three  legs,  it  may  be  never  a  oae; 
what  is  that  to  us?  What  canst thoniaj to 
the  matter  here  before  us  ? 

Evans.  That  is  all  I  can  say,  my  lord,  It 
was  an  accident  that  they  came  into  mv  ccnt- 
pany.  And  to  tell  you  the  manner  and  tbe  oc- 
casion,  that  person  that  brought  me  theTrar- 
raot,  saying  to  Mr.  Edwards  Uiat  I  was  belor, 
Mt\  Braddon  hearing  my  name  named,  comes 
down  with  31  r.  Edwards,  for  he  had  toW  Mr. 
Edwards  I  was  related  to  him,  aadtbejlMitli 
came  to  the  coffee -house,  and  there  they  begia 
to  discourse  about  this  matter. 

Just.  Withins.  Who  began  to  disconne? 

Evans.  Mr.  Edwards. 

X.  C.  J.  Well,  what  was  it  he  said  lodi«? 

Evans.  Mr.  Edwards  be<^n  thus :  Says  he. 
Mr.  Evans,  this  gentleman  has  been  at  vj 
house  to  examine  my  son  concerning  a  itpad 
that  is  spread  abroad*  concerning  a  razor  tktf 
was  thrown  out  of  tbe  window  of  the  earl « 
Essex's  lodgings  that  morning  he  cut  bs 
throat.  I  hearing  of  that,  said  f ,  GcntiWKpi 
I  have  read  the  Coroner's  inquest  •^•''^'J 
print,  and  it  is  otherwise  declareid  there:  Aw 
therefore  let  there  be  no  diacourse  of  aay  «* 
matter,  for  I  believe  no  such  thing.  And,  *w 
I  to  that  gentleman,  Mr.  Braddon,  pray  njr- 
bear  moddling  in  any  such  thing,  ^^^^' 
Edwards  is  a  poor  man,  and  has  divers  cbiMrcD| 
he  may  be  roioed,  and  you  likewis*  may  bj 
ruined  yoursdf,  tf  you  proceed  any  ft'*** 

Att.  Gen.   We  shall  interpret  this  matter  tj 

our  other  witnesses.  . 

X.  C,  J.  Ay,  so  you  had  need.for  «««■ 
nothing  io  be  made  of  this  fellow's  e?id«» 

Mr.  North,   Pray,  by  tko  oath  jou  l»« 


^37]         STATE  TEIALSb  S6 CnAELBB  11.  iSs^^for  a  Mkimeamr.        [IIM 


>/i 


wboi  y«a  gttre  that  adYice,  did  Mr. 
'  make  you  no  answer  ? 
No,  mme  at  all. 

^on.    [Lifting  up  his-bandniQ  an 
er.]     Mr.  Erans.    Pray,  will 

Sir,  let  U8  have  no  elevation 

nfldence  does  not  so  well 

\  court  of  justice,  this  is  not  a 

yoa  need  use  so  much  confi- 


<A.  Sir,  pray  answer,  did  not  I 

.J.  What  IS  it  von  would  ask  him? 
i-addon.  My  lord,  1  desire  lie  may  be 
^ed,  whether  1,  with  a  brotbtir  of  his,  did  not 
oome  to  his  oouAtry-hoose,  on  the  Monday  im- 
mediately after  my  lord  of  Essex's  death,  and 
whether  at  his  table  there  was  not  a  report  then 
of  a  razor  being  seen  to  be  tlurown  out  of  my 
lord  of  Essex's  window  ?  • 

Xr.  C.  /.  Pray  ask  by  3rour  counsel,  they 
are  most  proper  lo  ask  questions  for  you.  Tell 
them  what  you  would  have  asked,  and  don't 
make  long  stories  yourself. 

Mr.  Wallop,  Were  you  not  in  company  with 
Mr.  Braddon,  the  Monday  after  my  lord  of 
£ssex's  death  ? 

Mr.  Frtke.  What  was  the  report.  Sir,  at 
your  table,  upon  the  Monday  next  after  my 
lord  of  Essex's  death  ? 

Evant,  My  lord,  if  your  lordship  please 

L,  C.  J.  Pray,  Sir,  make  a  short  and  plain 
answer  to  what  questions  are  asked  you,  and 
let  us  have  none  of  your  circumlocutions,  and 
your  discourses  of  the  matter ;  but  let  us  un- 
derstand what^ott  say. 

Evafu,  I  will,  my  lord. 

L.  C.  J.  What  is  y  our^  question  f 

Braddon.  Whether  I  was  not  upon  the  Mon- 
day after  the  earl  of  Essex's  death  at  his  table, 
vhel«  there  was  a  discourse  <>f  a  report  that  a 
razor  was  thrown  out  of  the  window,  before 
muider  jwas  cried  out,  and  concerning  a  boy 
which  went  to  take  it  up  ? 

X.  C.  J.  What  a.  story  is  herel  Pray  ask 
liiro  a  fair  and  short  question,  if  he  can  re- 
member what  was  said  at  his  house?  We 
ai«  got  quite '  to  the  custom-house  and  the 
coffee-house  again,  and  I  know  not  where. 

Mr.  Freke,  What  discourse  was  there  at 
your  table.  Sir,  the  immediate  Monday  after 
the  earl  of  Essex's  death,  concerning  a  raasor 
thrown  out  of  a  window  ? 

Evant,  Mj  lord,  this,  to  the  best  of  my  re- 
membranoe,  is  what  I  have  to  say,  and  remem- 
ber of  the  thing,  that  a  gentleman  being  with 
him 

L.aj.  Who? 

Evatu.  Mr.  Braddon.     • 

Mr.  WiUlop.  Where  was  this  ? 

JBvoas.  In  Uie  countiy. 

Mr.  Wallop,  Where,  in  what  country  ? 

EvanM.  -In  Essex. 

Mr.  Wallop,  What  was  the  place's  name  ? 

Evam.  At  Wansted,  my  lord  ;  and  being 
there,  and  heplQckiug  out  a  paper. 

L.C.J.  He, who? 

VOL.  IX. 


Evans,  A  brother  of  mine,  that  that  gentle* 
man  came  down  with  to  see  me. 

Xn  C.  J,  What  is  his  name  ? 

Evans,  His  name  is  Mr.  William  Hatsell. 

L,C.J,  W  ith  whom  did  lie  come  ? 

Evans,  With  this  person. 

L,  C,  J.  With  this  person,  who  is  this  per- 
son? 

Evans.  Mr.  Braddon. 

X.  C.  J,  Why  can'st  thou  not  name  him, 
without  this  wire-drawing  ?  Thou  art  a  most 
exact  custom-house  officer,  I'll  warrant  thee» 
thou  can'st  not  make  a  plain  answer  to  a  plaia 
question. 

Evatis.  My  lord,  I  beg  your  pardim,  I  d» 
not  know  the  methods  of  3ie  court 

L,  C.  J,  Piy'thee,  I  care  not  for  thy  me- 
thods, nor  thy  matter  ;  but  deal  plainly  with 
us. 

Evans,  My  brother,  Mr.  Hatsell,  came  dows 
akMi^  with  Mr.  Braddon  to  my  house  at  Waa- 
Bted  in  Essex,  on  the  Monday,  after  my  knrd  ot* 
Essex's  death,  and  coming  down,  my  orother, 
Mh  Hatsell,  pulled  out  the  Coroner's  inquest 
upon  oath  that  was  printed,  and  shewing  of  it 
to  me,  I  read  it ;  and  as  soon  as  ever  I  bad 
read  it,  said  I,  Mr.  Edwards,  that  was  at  the 
Custom-house,  that  very  morning  when  the 
earl  of  Essex's  throat  was  cut,  did  declare  t» 
ine  upon  thf;  Gustoni-hogae  key,  That  lus  soi» 
did  declare  that  the  razor  was  thrown  out  oik 
the  window,  which  seems  to  contradict  thia 
paper,  that  says,  it  was  Ibimd  lying  by  him.  - 

Mr.  Freke,  Was  this  before  Mr.  Braddoa 
was  with  Mr.  Edwards  ? 

Evans,  I  can't  tell  that. 

Mr.  Freke.  Was  it  befiire  M}s  BratddoD,  and 
Mr.  Edwards  came  to  you- to  the.^ffbe-hoosef 

Evans.  Yes,  I  believe  it  was. 

An,  Gen,  You  say  Mr.  Brad^n  cama 
with  Mr.  Hatsell  to  your  house  at  Wapsted  ? 

Evans,  Yes. 

AtU  Gen, '  Who  was  the  person  that  told  yoi» 
this  story? 

Evans,  He  brought  down  the  printed  paper 
with  him,  and  upon  plucking  out  that  paper, 
and  reading  of  it,  the  story  was  told. 

Alt,  GenS  Pray,  who  was  the  person  that 
told  him  it  was  so  reported  at  tbe  CastOBA* 
house  ? 

Evans,  I  made  that  answer  myself,  imiae-; 
diately  upon  reading  the  paper ;  for  I  observed 
what  the  Coroner's  inquest  had  returned,  and 
upon  that  I  made  this  observatkm.  That  it 
seemed  to  contradict  what  was  declared  at  tha 
Custom-house  that  monung  my  had  of  Essex 
cut  his  throat. 

Alt.  Gen.  Pray,  who  deelared  there  that 
the  razor  was  thrown  out  ef  the  window  ? 

Evans.  It  was  Mr.  Edwards  told  me. 

X.  C  J.  Why  consider  with*  youself  new^ 
You  say  first  of  all  Edwards  and  Bcaddon 
came  to  me  to  the  eeffee-house. . 

Evans.  That  was  at  another  day. 

X.  C,  J.  I  am  sure  you  swore  so  at  first. 

Evans.  With  your  lordship's  £ivoar-^— 

X.  C.  J.  And  with  your  ftivour  tai»^  Skw 
4D 


1139]  STATE  TRIALS,  56 Charles  IL  lVU.^1ir{al0fBraid(maKiSpeki,  [llli 


Pray  will  yoa  hear  me  ?  I  hare  beard  yon  a 
gteBX  while  I  am  sore  to  no  parpoae.  Bat 
eoosider  with  yourself,  and  pray  be  pleaied  to 
reconcile'  what  yoa  say  now  with  what  you 
said  at  first,  if  yoa  can.  You  say  first  of  all 
Edwards  and  Braddon  came  to  me  to  the 
Custom-hoase,  and  foand  me  out  at  thecofiee- 
house,  and  that  Edwards  should  say,  some- 
body  had  been  with  his  son,  in  order  to  exa- 
mine him  about  a  razor  that  was  thrown  out  of 
my  lord  of  Essex's  window,  and  that  you  im- 
mediately Cried  out,  Hare  a  care  of  mat,  for 
diat  contradicts  the  inquisition  that  I  have  seen 
in  print,  which  declares  as  thouffh  the  razor 
was  found  in  the  rooiA.  And  after  that  vou 
say,  it  was  that  yon  saw  the  inquisition,  when 
Hatsell  came  down  firom  Braddon,  and  you  told 
him  of  the  report  at  the  Custom-bouse.  How 
came  you,  if  you  had  not  seen  the  inquisition 
MH  then,  to  give  out  such  words  at  the  Custom- 
house ?  Have  a  care  of  meddling  with  that, 
because  it  contradicts  the  inquisition  ? 
'  Evans,  My  lord,  this  was  seyeral  days 
before  that. 

Att.  Gtn,  YeiB;  my  lord,  this  discourise  at 
Wansted  was  before  that  at  the  custom-house. 

Mr.  Wailop.  This  that  he  now  speaks  of  is 
an  answer  to  Mr.  Braddon's  question,  <  which 
was  about  a  discourse  that  has  passed  before 
tliis  other  at  the  Custom-house.  This  that  he 
speaks  of,  the  discourse  at  a  coffee-house,  was 
afterward,  but  indeed  be  first  spake  of  it ;  but 
these  were  two  distinct  matters  at  several 
times.  This  last  of  the  Custom-house  was, 
when  he  had  made  the  examination  of  the  boy, 
as  tlwt  witness  says. 

L,  C.  X  Therefore  I  think  it  was  fit  to  ex- 
plain it,  for  it  looked  very  inconsistent  before, 
what  thou  saidst  at  first,  and  what  thou  sayest 
now  ;  but  if  thou  tellest  me  thy  Essex-matter 
was  before  thy  coffee-house  matter  it  is  well, 
othei'wise  the  matter,   I  assure  you,  looked 

Evaf^.  This  is  the  truth,  my  lord,  and  I 
can  tell  no  more. 

'  t  Att»  Gen.  Take  the  times,  my  lord,  and  you 
will  see  he  does  speak  very  notably.  The  13th 
of  July  my  lord  of  £s$ex  murdered  himself, 
.  the  14tfa  of  July  the  inquisition  was  taken 
before  the  coroner ;  pray,  what  was  tlie  day 
that  Hat^l  and  this  gentleman  came  down  to 
you  to  Essex  P 

Evans,  I  camiot  tell  that,  Sir,  trul^  ;  but  it 
was  belbro  this  matter  of  the  examination  of 
the  boy. 

X.  C«  J.  But  pray  let  me  ask  you  one  ques- 
tion, if  your  matter  about  the  inqubitton  in  the 
country  was  before  the  matter  of  your  cau- 
tious discourse  at  the  Custom-house,  how 
came  you  to  tell  them,  I  heard  this  report  of 
a  rassor  thrown  out  of  the  window  that  morn- 
ing the  earl  of  Essex  cut  his  own  throat  ? 

Evans»  l^r.  Edwards  rq>oried  this  same 
thing  that  very  same  morning  to  me  and 
several  others  at  the  Custom-house  key. 

L.  C.  J.  Why  did  yoa  not  teU  ns  this 
before? 


Bvam.  I  beg  year  pardhm,  ny  kiitf,  1  ds 
not  understand  the  memods  of  the  court 


Mr.  Wallop.  Mr.  Hatsell  gave  the 
by  pulling  out  the  inquisition. 

JL.  C.  J.  Pra3r,  Sir,  make  voor  otwerralimis 
anon,  let  the  long's  counsel  go  on  with  their 
evidence. 

Att,  Gen,  WhatdiscoorsebadMr.BTaddoo 
with  Tou  then  at  that  time  when  Hitsdl 
came  down  with  him  to  your  boose  yoa  ny, 
and  pulling  out  the  inquisition  you  read  it,  and 
made  answer,  you  heard  at  the  Custom-home 
key  such  a  report  that  very  morning  the  cvl 
murdered  himself? 

Evans,  Mr.  Braddon  was  walking  op  ind 
down  the  room,  I  did  hot  speak  it  to  him,  bat 
I  spake  it  to  Mr.  Hatsell ;  but  I  believe  Bnd- 
don  over-heard  and  took  notice  of  it 

Just.  Witkins,  Did  he  conoqp  UaiMlf 
about  it  ? 

Evans,  No,  not  much,  I  did  not  hear  bim 
say  any  thing,  but  he  walked  up  and  down  the 
room.  • 

L,  C.  J,  Now  tkher  all  this  dtsooune  of  As 
matter,  for  aught  I  can  tmderstand,  the  nntter 
is  but  this :  he  says,  Edwards  before  the  meet- 
insB^ther  at' his  house  in  Essex,  orattiie 
coffee-house  by  the  Custokn-hoiise,  repotted  to 
him,  as  though  the  earl  of  Essex  had  not  mor* 
dered  himself,  but  somebody  else  had  done  it 
for  him.  And  this  was  reported  at  the  Gostom- 
house  that  morning  the  earl  of  Essex  cot  hii 
own  throat,  and  he  hearing  this  report  at  the 
Custom-house  at  that  time,  afterwards  oomes 
Braddon  and  Hatsell  to  his  bouse  mto  Essex, 
and  after  Hatsell  had  shewed  him  the  paper 
of  the  Inquisition  in  print,  he  said,  I  bend 
some  discourse  from  Mr.  Edwards  at  the  Cus- 
tom-house of  a  quite  other  nature ;  and  then 
he  says  Braddon  and  Edwards  came  to  tbe 
coffee-house,  and  there  it  was  he  desired  them 
not  to  talk  of  that  matter ;  for,  said  be,  diM 
contradicts  the  Inquisition  I  saw  before.  This 
is  the  substance  ot  what  he  said. 

Att,  Gen,  And  hereby  •it  does  appear,  that 
Braddon,  and  Evans,  and  Edwards,  and  Hit- 
sell,  are  all  of  a  gang. 

JL.  C.  J.  Have  you  the  information  he  gart 
in  to  the  secretary,  Mr.  Attorney-General,  that 
was  given  before  tbe  council  ? 

Au,  Gen.  Yes,  it  is  much  the  same  widi 
what  he  hath  said  now.' 

Evans.  Yes,  my  lord,  ii  is  verbatim  ts  f 
have  declared  now. 

Att.  Gen,  Only  tiiiao&er  part  of  HatoeB 
and  the  meeting  \a  Essex  was  spoken  of  ainoe, 
that  was  not  declared  before. 

Evans.  No,  my  lord,  that  I  tlid  not  speak  6(. 
because  I  was  not  examined  about  it. 

Att,  Gen,  That  was  part  of  tbe  secret 

Evans,  No,  it  was  common  discourse  ™ 
me.  And  I  did  not  think  any  thug  of  it} 
what  Mr.  Edwards  said  at  the  Costom-booaSi 
was  spdcen  to  a  great  many  others  as  ^J^ 
me,  and  the  people  seemed  to  be  soipnaea 
with  an  account  of  the  thing  at  the  first  vfi^ 
of  my  lord  of  Essex's  deafli.   And  if  I  W 


1141]        STATE  TRIALS  SSCfiAtLES  IL  l684.-/iPr  a  Misdammor*         [1149 


thought  it^materialf.  I  oihi14  hare  brought  a 
gteat  WMx^y  that  were  by  then  ;  but  Mr.  £d* 
wards  is  here  brought  mmself,  I  suppose .  he 
will  not  deny  it 

Sol,  Gen,  Look  you,  Sir,  you  sa^  that  very 
momins'  my  lord  of  Essex  killed  himself,  Mr. 
£dwards  discoursed,  and  made  this  report  to 
you  at  the  Custom-house,  pray  tell  what  the 
disooiuse  was  ;  what  he  said  to  you ;  and 
then,  tell  us  what  time  of  day  it  was  ? 

Evans,  To  the  best  of  my  remembrance  it 
was  about  11  .o*clock;  there  were  several 
persons  standing  together,  among  the  rest 
captain  Goodlaod,  and  some  of  the  searchers, 
and  Mr.  Edwards  was  there ;  and  said  he,  I 
am  inibrmed  from  home,  tliat  my  boy  has 
been  at  home,  and  given  an  account  to  my 
wife,  that  being  in  the  Tower,  he  saw  a  hand 
throw  a  razor  out  of  a  window,  and  he  named 
my  lord  of  Essex's  window  ;  and  this  Mr.  £d- 
"wards  did  not  only  tell  me,  but  to  a  whole' 
coffee-house  of  peoj^  this  matter  offset. 

Just  HoUomay.  Did  not  Mr.  Edwards  tell 
von,  that  somebody  had  been  examining  his 
Eoy  about  that  report  P 

Evam,  That  was  the  second  time,  when 
Mr.  Braddonand  Mr.  Edwards  came  together. 

Just.  HolUmay,  Who  -was  it  had  been  exa- 
mining his  boy  did  he  say  ? 

Evans,  Mr.  Braddon,  he  said,  had  been  to 
examine  liis  son. 

Just  Holloway,  That  was  after  the  dis- 
course at  Essex,  that  Braddon  came  to  examine 
his  son  concerning  the  razor. 

Mr.  Wallop,  Yes,  it  was  after  the  discourse 
at  Essex,  where  Hatsell  plucking  out  the 
paper,  Evans  told  Mr.  Braddon  first  of  this 
razor. 

JL  C.  J,  Well,  make  your  defence  by  and 
by,  Mr.  Wallop :  do  not  make  your  remarks 
now. 

Att.  Gen.  Come,  Mr.  Edwards.  Crier 
swear  him.  f  Which  was  done.] 

A  C,  /.  What  do  you  ask  him,  Mr.  At- 
torney? 

Att.  Gen.   Mr.  Edwards,  Pray,  will  you 

f' ve  the  court  an  account  of  this  business ;  for 
do  not  know  whether  you  heard  what  that 
gentleman  that  went  out  last  said,  he  says,  you 
raised  this  story,  pray  give  an  account  what 
you  know  of  it?. 

SoL  Gen.  Pray  tell  what  yon  know  of  Mr. 
Braddon's  cominff  to  vour  son,  and  what  dis- 
course he  or  you  bad  alwut  the  murder  of  the 
carl  of  Essex? 

Mr.  Edwards.  The  report  that  Mr.  Braddon 
came  to  enquire  ailer,  was  with  us  some  three, 
days  before  ;  it  was  in  our  fiunily  three  days 
before,  and  upon  the  17th  of  July 

L,  C,  J.  What  was  the  report,  Mr.  Edwardfi, 
before  Mr.  Braddon  came  to  vou  ?    . 

Edtoards.  The  report  I  have  already  de- 
clared before  the  council. 

X.  C.  X  But  you  must  tell  iis  too  what 
it  was. 

Edmards.  The  report  of  the  boy  the  13th  of 
July,  about  tea  o'clock,  as  I  was  informed  by 


m^family,  and  by  the  boy  afterwards  by  word 
of  mouth,  was  this,  he  comes  in  about  |e% 
o'clock,  says  he,  1  have  been  at  the  Tower  (tqt 
one  of  his  sisters^,  and  I  have  seen  his  majesty 
and  the  duke  of  York,  and  the  earl  of  Essej^ 
has  cnt  his  throat,  and  1  see  an  hand  dirow  a 
razor  out  of  the  window,  and  one  came  out  of 
the  house,  a  maid,  or  a  wonum  in  a  white 
hood  and  a  stuff^HNtt,  and  took  it  up,  and  went 
in  again,  and  then  I  hesrd  a  noise  as  of 
murSer  cried  out  This  was  thOpboy's  report,  , 
and  more  than  as  his  report  I  cannot  speak 
to  it 

X.  C.  /.  This  was  your  son,  was  it  not? 

Edwards.  Yes,  the  younger  of  them.  Tho 
two  boys  were  that  morning  goinff  to  Mer- 
chant-Taylor's school  togetb^  as  tney  used  to 
do,  and  by  the  way  hearing  the  king  was  in 
the  Tower,  this  younger  boy  that  was  well  ac* 
quainted  with  tne  Tower,  gave  his  elder  bro- 
ther the  slip  and  went  into  the  Tower,  and 
rambled  about  from  place  to  place. 

Ait.  Gen.  Did  not  you  examine  him  ? 


Edwards,  Ay,  I  did  examine  him. 
(.  Did 
it  again  ? 


Ait.  Gen.  JDid  not  you  find  that  he  denied 


Edwards.  No,  I  did  examine  him,  and  1 
found  no4lenial  of  any  thing  at  all  that  he  had 
re|)orted,  till  Mr.  Braddon  came  to  make  en- 
quiry. As  soon  as  be  came  to  make  the  en^ 
quiry,  and  I  understood  what  Mr.  Braddon^ 
business  was,  1  begged  of  him  that  he  would 
not  insist  upon  it  by  no  means,  I  begged  of  his 
as  if  I  had  begged  for  mv  life,  but  he  was  so 
zealous  in  the  business,  tnat  nothing  would  sa* 
tisfy  him.  And  after  1  had  told  Air.  Braddon 
that  which  I  could  not  denv,  which  was  the 
boy's  report,  I  left  him  and  went  down  to  the 
Custom-house,  and  some  of  my  family  ..dif^ 
coursed  the  boy  at  that  rate,  that«he  began  to 
deny  it,  and  in  less  than  half  an  hour's  timerof- 
collected  himself,  and  began  to  own  it  again  ; 
and  so  the  boy  was  off  and  on  till,  the  time  ha 
wad  before  the  Council ;  and  to  this  day  be 
seems  to  stand  in  the  denial,  whether  he  will 
do  it  now  or  no  I  cannot  tell. 

Att.  Gen,  IKd  you  acquaint  Mr.  Braddon 
That  you  had  found  this  boy  to  be  a  lying  boy, 
and  detected  him  in  lies  several  times  ? 

Edwards.  May  it  please  you.  Sir,  I  ac- 
quainted him  with  thus  much  ;  said  I,  Mr. 
Braddon,  as  I  have  dealt  ingenuously  with 
you,  to  let  you  know  what  the  boy's  report 
was,  so  I  must  likewise  tell  you,  Ibat  I  cannot, 
nor  will  undertake  to  assert  the  truth  of  it ; 
and  presently  upon  that  my  daughter  told  roe, 
the  boy  had  many  times  excusS  his  playing 
truant  by  fatoe  stories. 

Att,  Gen.  Did  you  acquaint  Mr.  Braddon, 
that  your  boy  was  a  ly in^  boy  at  that  time  ? 

Edwards,  I  think  i  did  not  at  that  instant 
of  time. 

L.  C,  J,  How  old  is  this  boy  you  talk  of? 

Edwards.  i|bout  13  years  of  age,  my  lord. 

Att.  Gen.  What  do  you  know  of  Mr,  Brad- 
don's forcing  your  boy  to  s^n  any  thing  that 
he  had  prepared  after  this  ? 


1145]  STATE  TRIALS,  3SCHABtBS'II.  l6M^7Hal4^BraddimmdSpek.  [1144 


Sol.  Gen,  When  yon  toM  him  your  boy  bad 
denied  it,  wimt  did  he  say  ?  Was  he  pleased 
and  satisfied  ? 

Edwards.  He  was  not  told  itby  me,  but  some 
of  my  family. 

SoL  Gen,  How  did  he  beliave  himself  f 

Edwards  At  the  same  time  they  told  him 
he  denied  it,  at  the  same  time  they  told  him  he 
owned  it  again. 

Sol,  Gen.  How  did  Mr.  Braddon  befaaTe 
himselff 

'  Edwards,  Like  a  civil  gentleman.  I  saw 
nothing  else  by  him,  but  that  he  was  very 
zealous  in  the  business,  that  is  the  truth  of  it, 
nothing  could  persuade  him  to  desist. 

Jost.  HolloToay,  Pray  did  you  ask  Mr. 
firaddon,  or  did'  be  tell  you,  what  was  the 
reason  that  he  was  so  iuaoisitire  about  this 
razor,  and  the  report  of  the  boy  ? 

Edwards.  As  to  that  he  told  me,  he  would' 
let  me  know  the  reason  of  it,  which  was  out  of 
conscience. 

MtJ  Jones  J  Did  notldr.  Braddon  carry  your 
son  before  several  justices  of  peace  ? 

Edwards,  Before  none  as  I  know  of;  not 
one  truly  to  nay  knowledgre. 

Att.  ben.  Did  you  understand  he  had  taken 
your  boy  from  your  house  in  a  coach.     " 
-    Edwards.  Never  till  he  carried  him  into  his 
nlajesty's  presence  before  the  Council,  and  I 
knew  not  that  tilt  the  boy  came  home. 

Mr.  Tkempson.    Mr.  Attorney,  Have  you 
^hme  with  him  ?  may  I  ask  him  a  question  ? 
*    Ait.  Gtn,   Ay,  ask  liim  what  you  Will. 

Mr.  Thomppon.  If  I  understand  you  right,' 
8ir,  this  repoit  of  the  boy's  was  that  morning 
that  the  earl  of  Essex  was  murdered. 

X.  C.  J.  Was  murdered,  murdered  himself, 
man. 

Mr.  Thompson.  My  lord,  I  mean  tlie  day  of 
fats  death.  Now  I  would  ask  you.  Sir,  when  that 
was? 
'    Edwards*  The  boy's  report  was  this.  Sir, — 

Mr.  Thompson,    I  ask  you  not  what  his  re- 
^nt  was,  but  when  ?  What  day  it  was  ? 

Edwards,  The  13th  of  July.  That  day  the 
■earl  of  Bssex  cut  his  throat.  * 

.  Mi.  Thompson.    How  many  days  after  that 
was  it  when  Mr.  Braddon  came  to  you  f 

Edwards.    It  was  not  till  the  17th  of  Jnly. 

Mr.  Thompson.  Had  you  discoursed  of  the 
renort  of  your  boy  at  the  Custom-house,  or  any 
where  el$e,  that  same  day  he  came  to  you  ? 

Edwards.   I  cannot  say  that. 

Mr.  Thompson,  Had  you  discoursed  it  be- 
fore Mr.  Braddon  spake  to  you,  upon  your 
4)athP 

Mr.  Edwards.  Yes,  I  believe  I  had. 

SoL  Gen.  Had  you  discoursed  it  before  your 
boy  told  yon  ? 

Edwards.  I  should  ^en  indeed  have  been 
the  contriver  of  the  stoiy . 

Att,  Gen.   Ho  it  is  like  enough  you  were. 

Sol.  Gen.  Had  you  discoursed  it  to  any 
liody  befope  you  went  home  to  your  own 
liouse,  upon  your  oatfa,  8ir  ? 

Edwards,  Upon -my  oath  then  1  discoursed 


nothing  of  Aat  nature,  not  a  tittle  of  it,  nor 
knew  nothing  of  it,  till  I  had  it  from  my  own 
family. 

Sol.  Gen,   Did  yon  not  diicoarKof  it  before 
you  went  home  ? 

'  Edwards,  No,  when  I  came  haoie  tkej 
told  me  of  it  '^ 

L,  C.  J.  I  ask  you  again.  Sir,  Did  not  jm 
tell  it  before  you  came  home  ? 

Edwards,  About  ten  o'clock,!  having hetrd 
tlie  neitrs  of  the  earl  of  Bssex's  cutting  kii 
throat,  at  ^e  Custotn- house,  I  stepped  Moe, 
being  very  near  to  my  own  house,  and  as  Mfls 
as  I  came  in  at  the  door,  the  family  begin  tt 
p^ive  me  an  account  what  news  the  boy  brought 
m. 

L.C.J,  That  was  the  first  tune  yoabeiri 
of  it? 

Edwards.  Yes,  that  was  the  firat  tioie  I 
heard  of  it. 

L.  C.  /.  And  did  you  not  disooufK  ofitfiB 
after  that  ?—-£</irar(i$.  N6, 

L.  C.  J.  Call  Mr.  Evans,  let  him  oome  is 
again. 

Att.  Gen,  Let  Mr.  Evans  come  in  agsta. 

L,  C.  J,  Mr.  Evans,  I  would  ask  you  tins 
question.  There  were  three  times  tbatyoa  nj, 
I  think,  that  you  had  discourse  with  Edwards 
about  the  matter,  as  yon  call  it,  once  at  Eiiai:, 
and  twice  at  the  custom-house  f 

Sol.  Gen.  No,  not  in  Essex,  it  was  Hatel 
and  Braddon,  my  lord,  that  came  to  him  diere^ 
Edwards  was  not  there. 

L,  C,  J,  When  you  first  had  a  diseoarK 
with  Edwards  about  this  matter,  what  was  it 
that  Edwards  did  say  to  you  ? 

Evans.  Being  upon  Custom-hoose  key,  and 
captain  Goodland  and  seYcral  others  staadiBg 
uiA)n  the  key,  that  very  morning  my  lord  « 
Essex's  throat  was  cut,  about  e&ven  o'clock 
Mr.  Edwards  came  to  us,  being  standing  opoi 
the  key,  and  told  us»  That  he  was  informed  Us 
boy  had  been  at  the  Tower,  and  came  hoiaend 
told  his  mother,  he  saw  a  hand  throw  a  lazor 
out  of  a  window,  and  that  he  went  to  take  it 
up,  and  a  maid  or  a  woman  came  and  tookit 
up,  and  went  in  again. 

L,  C.  J.  Evans,  Did  he  tell  you  this  as  ifbe 

had  been  at  home  f 
Evans,  No,  I  think  it  was  that  he  had  it  froB 

home  by  some  hand  or  other. 

Edwards.    I  was  at  home. 

Evans.  My  lord,  At  two  o'clock  io  the  i^ 
ternoon,  when  be  came  again  to  the  CostoB- 
house,  he  did  tell  us  he  had  been  at  home,  aad 
his  boy  did  tell  him  the  same  stonr. 

L.C.J.  Btttwhen  he  hadtofd  yonbefec 

he  had  dined,  did  he  say,  he  had  beeif  at  bove? 

Edwards.    My  family  can*  testify  I  was  it 

home  between  ten  and  ekevea  o'dook. 
Evans.   To  thebestof  my  lememhraooeke 

told  me  he  heard  so  from  home.   - 

L.  C.  J.  Before  he  went  home,  ytw  sit. 
he  told  you  of  this,  and  that  was  tedo'dock  a 
the  morning,  and  about  two  o'ckick,  is  d^ 
afternoon,  he  said,  he  had  been  at  hove^  m^ 
was  true, 


I 


StATE  TRIALS,  S6  CflAfttu  II.  l6M^cr  «  Mkimemur.        [ii45 


Mr.'fetaiu.  Ye.,mvl«d. 

Ed9imrd9r-  My  lord,  I  was  at  borne. 

X.  C.  /.  Mi^rfdwards,  Did  you  tell  him  «o, 
•r  did  you  not?    - 

EikNtrds,'  It  is  Kke  |  misbt  say  so  about 
ten  o'clock,  but  not  betbft^  i  had  received  the 
T«|)ort  at  home. 

'  JUr.  Evans,  I  understood  it  so,  my  lord,  that 
be  bad  heard  from  borne. 

X.  C.  J.  1  ask  you  this  upon  voUr/Oatb, 
iDind  the  question,  and  answer  me  plainly,  l>id 
yon  speak  to  him,  that  you  had  such  a  report 
from  nome,  or  did  yon  not  ? 

Edverdt.  When  I  told  it  him,  1  bad  it  from 
iiomeu  for  I  brought  it  from  home. 

L.  C.  J.  Nay,  Did  you  tell  him  you  had 
«ucb  a  report  from  home  at  ten  o'cloclc,  or  no  f 

Edwards.  I  tM  him  that  I  had  met  with 
such  a  report. 

X.  C.  J.  From  whom  ?    . 

Edwards.  From  my  family  at  home,  for  the 
boy  came  not  to  me  to  tell  it. 

X.  C  X  Then  did  you  see  Mr.  Evans  about 
two  o^clock  that  iftemoon  ? 

Edwards.   'Tis  probable  I  did. 

L.C.J.   Did  you,  or  did  you  not  P 

Edwards.  Yes,  I  believe  I  might;  I  be- 
seech your  lordship  give  me  leave  to  speak. 
Mr.  Evans  and  I  am  conversant  forenoon  i^nd 
afternoon  every  day,  we  have  business  toge- 
ther. 

Evans.  We  have  business,  my  lord,  about 
shipping  of  goods. 

Edwards.  But,  my  lord,  if  you  please,  I  will 
•tell  you,  that  is  fhe  occasion  of  our  being  to- 
gether. 

X.  C.  J.  Answer  me  my  question,  did  you, 
or  did  you  not  tell  him  so  r      ^ 

Edwards.  1  did  not  acquaint,  him  with  it 
before  I  had  been  at  home,  and  received  it 
ftook  my  own  family. 

X.  C.  J.  Look  you.  Sir,  don't  yoi)  go  about 
^  evade  the  question,  to  trifle  with  the  court, 
you  must  answer  me  my  question" directly,  and 
upon  your  oath,  did  you  tell  him  you  bad  no- 
tice from  home  of  such  a  report,  or  no  ? 

Edwards.  I  did  not  receive  notice  from 
home,  but  I  brought  it  from  home. 

X.  C.J.  Did  you  tell  him  you  had  it  from 
home. 

Edwards.  I  told  him  I  had  it  from  my  fa* 
mily,  who  told  me  the  boy  had  made  such  a 
report. 

X.  C.  J.  Did  you  tell  him  you  had  it  from 
your  bov,  or  received  notice  from  home  about 
rt? 

Edwards.  I  did  not  tell  him  any  thing  be- 
fore Ihad  been  at  home. 

X.  C.  J.  Well,  then,  answer  me  this  ques- 
tion. Did  you  tell  him  in  the  afternoon  at  two 
o'clock ;  ^w  I  have  been  at  home  and  exa- 
mined my  boy,  and  And  it  so  as  1  told  you  ? 

Edwards.  I  examined  m^  boy  at  dinner, 
and  I  found  the  boy  agreed  with  the  report  of 
jny  daughter,  and  confirmed  it. 

X.  d.  X  I  ask  you  wliat  you  told  Mr. 
Evans,  not  what  ymtc  boy  or  your  daughter 
told  you  f 


Edwards.  Jx  is  probable  I  might  tell  Mr. 
Evans  the  same  story  after  dinner  at  two  o'cloclcy 
that  1  did  before. 

X.  C.  X  Now  tell  us  the  passage  again,  Mr. 
Evans,  as  you  heard  it. 

Evans.  To  the  best  of  my  remembrance,  at 
two  o'clock  in  the  afternoon,  Mr.  Edwards 
came  and  told  us,  he  had  examined  tb^  boy, 
and  says  he,  the  boy  has  confirmed  aJl  that  I 
told  you. 

X.  C.  X  But  before  that  in  the  morning 
what  did  he  say? 

Evans.  I  cannot  say  exactly  the  time,  but 
I  think  it  was  about  ten  o'clock.  There  were 
four  or  five  more  besides  myself  standing  at 
the  Custom-house  key,  and  Mr.  Edwards  came 
to  us,  and  told  us,  says  he,  I  am  iofbrmed  from 
home,  as  I  understood  it,  not  that  he  bad  been 
at  home,  but  that  he  heard  it  ftom  home,  that 
his  boy  had  been  at  the  Tower,  had  seen  an 
hand  throw  a  razor  out  of  the  window. 

X.  C.  J.  What  said  he  at  two  o'clock  ? 

Evans,  He  said  he  had  examined  his  boy, 
and  he  said  the  same  thing,  that  he  told  us  be 
had  heard  in  the  morning. 

^Att.  Gen.  My  lord,  we  are  now  but  upon 
the  entrance  of^^  our  evidence,  to  shew  upon' 
what  slender  grounds,  how  slight  a  foundation 
there  was  for  this  gentleman  to  undertake  this 
prosecution. 

SoL  Gen.  Mr.  Edwards,  pray  let  me  ask 
you  a  question,  Did  Mr.  Brauldon  tender  any 
paper  to  your  son  to  sini  ? 

Edwards.  I  was  informed  he.did  do  it  after- 
wards, but  I  saw  him  not  do  any  such  thing. 

Sol.  Gen.  Did  you  never  say  that  Mr.  Brad- 
don  had  tendered  a  paper  to  your  son  to  sign  P 

Edwards.  I  do  not  believe  I  ever  did  say  so, 
I  do  not  remember  any  such  thing. 

Sol.  Gen.  Pray  recollect  your  memory,  and 
tell  us  whether  you  did,  or  did  not  ? 

Edwards.   I  thank  God,  Su*,  that  he  has 

f' ven  me  niy  memory  and  my  understanding, 
bless  him  for  it. 

-  Att.  Gtn.  But  it  were  wdl  if  thou  hadst  any 
honesty  too. 

Edwards.  And  honesty  too.  Sir :  I  have  not 
lived  these  tbhrty-nine  years  at  thelDustom- 
house  without  honesty.  I  never  had  my  ho- 
nesty questioned  to  this  day.  I  am  sure  no- 
body can  tax  me  with  dishonesty. 

Sol.  Gen.  Pray,  Mr.  Edwards, let  3rour  anger 
alone  for  a  while,  and  answer  the  question  that 
I  shall  tfsk  you:  Did  your  son  refuse  to  sign 
that  paper  P  ^ . 

Edwards.  He  did  si|^  it  at  last. 

SoL  Gen.  Did  he  r^'use  to  sign  it  ? 

Edwards.  1  do  not  know  wheUier  he  refused 
it  or  no. 

Just.  Withens.  Did  you  hear  that  your  son 
refused  it  ? 

Edwards.  I  did  hear  that  he  had  signed  it. 

Just.  Withens.  But  did  you  hear  that  he  re* 
fused  to  sign  it  ? 

Edwards.  The  boy  did  not  ted  me  he  had 
refused  to  sign  it.    I  did  not  hear  him  refuse  it. 

X.  C.  X  Thou  dost  prevaricate  very  strrtnge-c 


Ili7l  STATE  TRIALS/ 3£Chaeus  II.  l6%4^^THBi0f  BradiammidSpdct.  [ii4| 

Ijy  I  must  tell  thee  t^9t,  notirithrtanding  tfay 
'reputation  of  thirtj^-niiie  years  of  lumesty: 
Prithee,  answer  plauly,  Bid  yoa  hear  at  any 
time,  that  your  son  had  refns^  to  sagn  it  ? 

Edsoards.  No,  my  lord,  I  did  not,  to  ^e  best 
of  my  remembrance. 

L,  C.  J.  That  is  a  plain  answer,  man ;  but 
thou  dost  so  shuffle  up  and  down,  one  oan- 
DOt  tell  what  to  make  of  what  thou  sayest. 

Mr.  Thompion.  Sir,  I  desire  to  ask  you  one 
«]aestion,  Wbetber  ever  Mr.  Braddon  and  you 
had  any  former  acquaintance  P 

SoL  Gen.  Pray,  stay.  Sir,  and  if  you  please, 
spare  your  question  a  little,  for  we  have  not  yet 
done  with  Mr.  Edwards.  Mr.  Edwards,  pray 
answer  me,  Did  Mr.  Braddon  ever  tell  you,  that 
be  had  other  informations  to  confirm  this  re- 
port of  your  son  from  otbera  ? 

Edwards,  Truly,  I  do  not  remember  he  said 
any  such  thing. 

SoL  Gen,  Did  you  ever  say  he  told  you  so  ? 
Consider  of  it ,  and  remember  your  former  ex- 
amination. 

Edwards.  Tis  like  since  he  may  have  said 
ao,  but  not  at  his  first  coming. 

SoL  Gen.  At  his  first  coming  did  your  son 
■ign  his  paper  then  P 

Edwards,  No,  he  did  noty  as  I  am  informed, 
Isawitnot 

SoL  Gen,  But  afterwards  you  say,  Mr. 
Braddon  did  tell  you  he  had  other  evidence  to 
confirm  it 

Edwards,  It  may  be  he  might,  I  cannot  say 
h  positively. 

Att.  Gen,  You  say  he  did  not  sign  the  pa- 
per at  his  first  coming? 

Edwards,  No,  I  am  informed  he  did  not. 

SoL  Gen,  How  do  you  know  he  did  sign  it 
at  last? 

Edwards,  My  wife  and  daughter's  informa- 
tion. 

X.  C.  /.  But  how  then  can  you  say,  That 
you  never  heard  he  did  refuse  it. 

Edwards,  My  lord,  he  did  not  tender  a 
paper  to  sign,  till  he  had  been  two  or  three 
times  there,  as  I  have  heard,  it  was  not  tender- 
ed the  first  time  he  came. 

X.  C.  J.  I  wonder  bow  thou  hast  escaped 
thirty-nine  years  with  such  a  reputation. 

Edwards.  My .  lord,  I  never  was  thought 
otherwise,  nor  I  hope  never  gave  any  occasion 
for  such  a  thought 

X.  C,*J,  I  assure  thee  I  do  not,  nor  can  take 
thee  for  one. 

Edwards,  I  hope  I  have  done  nothing  to 
make  your  lordship  think  the  contrary. 

X.  C  J.  Yes,  thou  hast  Thou  didst  nothing 
but  shuffle  up  and  down,  thou  art  to  consider 
thou  art  upon  thy  oath,  and  must  answer  ques- 
tions plainly. 

Edwards.  My  lord,  I  do  answer  as  truly  as 
lean. 

Aii*  Gen.  Hark  youthen,  Mr.  Edwards,  an- 
swer me. 

X.  C.  J.  Speak  the  truth,  and  nothing  but 
the  truth,  that  is  all  that  is  required  of  thee ; 
no  court  of  justice  ought  to  be  afraid  to 


hear  truth.     JjetigaAijoomp  out,  of  God's 
name. 

'Att,  Gen.  Did  Mr.  Braddon  ever  teQ  yw^ 
That  he  had  other  evidence  beside  your  son? 

Edwards.  I  do  not  remember  be  said  any 
such  thing  at  his  first  coming. 

X.  C.  J,  How  thou  dost  snuffle  again.  Aor 
swer  plainly. 

Ati.  Gen.  I  ask  you,  Whether  evo*  he  did 
say  it? 

Edwards,  Yes,  he  did  say  so  afterwards. 

SoL  Gen.  I  must  ask  you  one  quesdon  more, 
(for  I  see  it  is  very  difficult  to  get  it  out  of  yop) 
Pray  did  he  tell  you  that  he  had  other  cTideaco 
besides  your  son,  before  he  signed  the  paper, 
or  after  ? 

Edwards.  It  was  before,  as  I  take  it  I 
speak  to  the  best  of  my  knowledge,  my  lord,  1 
can  say  no  more. 

X.  6.  J.  If  thou  hast  a«nind  to  continue  the 
reputation  thou  hast  got,  as  thou  sayest,  the 
way  is  to  answer  questions,  and  speak  the 
truth  plainly,  let  it  concern  whom  it  will. 

Eckpards.  I  labour  to  do  it,  my  lord,  to  the 
best  of  my  understanding  and  capacity. 

X.  C.  J.  I  would  not  have  thee  say  atittk 
more  than  the  truth,  but  let  the  truth  cohm 
out. 

.  Mr.  Freke.  Now  Sir,  I  would  ask  you,  if 
they  have  done  with  you,  Did  you- ever  knov 
Mr.  Braddon  before  the  17th  of  July  ?  Or 
did  you  ever  see  him  before? 

Kdvbards.  No,  I  never  had  anv  know le^ 
of  him,  nor  ever  heard  a  word  of  nim. 

Mr.  Wallop.  Mr.  Edwards,  the  oueadoa 
was  asked  of  you.  Whether  Mr.  BraddoD  did 
say,  there  was  other  evidence  besides  your  soa'; 
Pray  when  was  that? 

Edwards.  He  did  not  at  the  first  time^  hot 
afterwards  he  did. 

Mr.  Wallop.  That  was  a  good  while  after^ 
he  had  been  with  the  boy  first  ? 

X.  C.  J.  Make  your  observations  by  and  hf, 
Mr.  Wallop.    This  is  not  a  time  for  tbem. 

Att.  Gen.  Then  where  is  Edwards,  the 
boy  '  [Who  was  brought  forthwith  into  the 
court.] 

Edwards.  I  charge  you  in  the  presence  cr 
Almighty  God,-  speiUL  truth,  child. 

Soi.  Gen.  And  so  should  you  too. 

Edwards.  Be  sure  to  say  nothing  but  die 
truth. 

X.  C.  J.  And  child,  turn  about,  and  eaV| 
Father,  be  sure  you  say  nothing  but  the  truth. 

Att.  Gen.  My  lord,  this  is  the  bov,  he  ti 
very  little  and  very  young,  will  your  lordship 
have  him  sworn  P    W  hat  ag«  are  you  of? 

W.  Edwards,  I' am  thirteen,  my  Iwd. 

Att.  Gen,  Do  you  know  wluU  an  oath  is? 

W.  Edwards,  No. 

L.C.J.  Suppose  you  should  teflalie,  do 
you  know  who  is  the  fiUher  of  liars  ? 

W.  Edwards,  Yes. 

L.C.J.  Whoisit? 

W,  Edwards.  The  devil. 

X.  C.  J.  And  if  you  should  teB  a  lie,  doyio 
know  what  will  become  of  you  ? 


TU9]        STATE  TRIALS^  3G  Charles  IL  l6$l.'^for  a  MUdemfanot.        [I  ISO 

'    W.EdtPoiib.  Yes. 

L.  C.  J.  Wbat  if  yoa  should  svrear  to  a  lie  ? 
If  you  should  call  God  to  witness  to  a  he, 
what  would  heoome  of  you  then  ? 

FT.  Edwards.  I  should  go  to  hell-.fire. 

L,C.J.  That  is  a  terrible  thing.  And  there - 
fore,'diiId,  if  yon  take  an  oath,  be  sure  you 
aay  nothing  but  what  is  truth,  for  no  party,  nor 
Me,  nor  any  thin^  in  the  world ;  ibr  that  CM, 
tliat  you  say  will  call  you  to  an  account,  and 
cask  you  into  heU-6re,  if  you  tell  a  lie,  and 
witness  to  a  falshood,  knows  and  sees  all  you 
do,  therefore  have  «  care,  the  truth  you  must 
•ay,  and  nothing  but  the  truth. 

Crier,  PuH  off  your  glove,  and  hearken  to 
your  oath.     [Then  he  i^as  sworn.] 

SoL  Oen,  And  now  remember  you  call  God 
lb  witness  to  the  truth  of  what  you  say. 

Att,  Gen,  Young  man,  Iook  upon  that  pa- 
per, is  that  your  hand? 

W,  Edwards,  Yes. 


-  Att,  Gen,  Did  you  sign  that  P 

W.  Edwards.  Yes. 

Att.  Gen.  Prithee  tell  the  court,  how  thou 
tamest  to  sign  it? 

L.  C.  J.  Ay,  child,  be  not  afraid.  Tell  the 
truth,  ibr  if  thou  tellest  the  truth,  thou  needest 
not  be  afraid,  but  if  tliou  tdlest  a  lie,  thou  hast 
need  to  be  afraid ;  let  nobody,  whdterer  has 
been  said  to  thee,  affright  thee  from  telling  the 
truth. 

Sol.  Gen.  Don't  be  afraid  of  thy  father,  or 
any  body,  but  tell  plainly  what  thou  knowest, 
and  speak  only  the  truth. 

Att.  Gen.  How  came  you  to  sign  that 
paper? 

W.  Edwards.  Mr.  Braddon  bid  me  sign  it 
when  he  had  writ  it. 

L.  C.  J.  Hark  thee,  child.  Did  he  take  it 
lirom  thee  what  he  writ,  or  did  he  write  it  ftom 
himself?  Come  hither,  child,  be  not  afraid, 
nobody  here  will  do  thee  any  hurt. 

.  Then  the  Boy  waslifred  up  upon  the  table 
before  the  Judges. 

X.  C.  /.  Look  upon  that  paper,  didst  thou 
put  thy  name  to  that  paper,  child  ? 

W.Edwards,  Yes. 

L.  C.  J,  Whose  hand -writing  is  that  paper, 
besides  thy  pamei^ 

W.  Edwards.  Mr.  Braddon's. 

JLC.J.  Did  he  bring  it  ready  written  ? 

W.Edwards,  He  writ  in  our  pariour. 

X.  C,  J.  How  came  he  to  write  it  ? 

W,  Edwards,  He  said  it  was  for  the  earl  of 
Essex,  to  give  to  his  wife. 

X.  C.  J.  And  what  did  he  ask  th^  before  he 
writ  that  ? 

W,  Edwards.  He  asked  me,  whether  1  saw 
any  thing  at  the  Tower,  and  so  I  toldhim, 
yes.. 

X.  €.  J.  Ay,  tell  us  what  vou  told  him,  and 
be  not  afraid,  child,  but  tell  the  truth. 

W.  Edwards.  I  told  him  I  was  in  the  Tower, 
and  saw  a  razor  thrown  out  of  a  window. 

X.  C.  J.  You  told  him  so,  and  then  what 
AiUhetO'yoa? 


W.  Edwards.  He  bid  me  speak  the  truth. 

X.  C.  J.  Was  that  all  the  words  you  had  f 

W,  Edwards.    1  afterwards  went  with  my 
brother  into  the  Tower,  and  I  shewed  my  bro- 
ther the  place,  and  then  afterwards  Mr.  Brad- 
don writ  this,  and  he  said  it  was  to  g^?e  to  the- 
countess  of  Essex. 

Just.  Holloway.  Did  he  read  it  to  you  after 
he  had  writ  it  ?— IT.  Edwards,  Yes. 

Just.  Holloway.  And  did  he  ask  thee,  whe- 
ther it  were  true  ? — W,  Edwards.  Yes. 

X.  C.  J.  And  didst  thou  tell  him  it .  was 
true? — W.  Edwards,  Yes.  * 

X.  C  J.  And  didst  thou  tell  him  all  that  was 
in  that  paper  was  true  ?— TT.  Edwards,  Yes. 

X.  C.  /  Did  you  tell  him  all  that  was  writ 
in  that  paper  before  he  writ  it  down  ? 

W.  Edwards.  Yes. 

X.  C.  /.  Prithee  mind  the  Question,  and 
speak  truth.  Didst  thou  tell  him  all  that  was  in 
th^tpaper  before  he  writ  it  down  ? 

W.  Edwards.  Yes,  I  told  him,  and  so  he 
writ  it  down. 

Just.  Holloway.  You  heard  it  all  read  to  you, 
you  say  ? — W.  Edwards.  Yes.       ^ 

X.  C.  J.  Then  I  ask  you  agam.  Did  you  teQ 
him  all  that  was  in  that  paper  was  read  to  you, 
before  he  writ  it  down? —  W.  Edwards,  Yes. 

X.  C.  J.  And  after  you  had  told  him,  he  writ 
it  down? 

W.  Edwards.  I  told  him  as  he  writ  it  down. 

X.  C.  J.  And  after  such  time  as  he  had  writ 
it  down,  did  he  read  it  to  you  ? 

W.  Edwards.  Yes. 

X.  C.  J.   And  then  you  put  your  name  to  it  f 

W.  Edwards,  Yes. 

Atl.  Gen.  I  pray,  my  lord,  he  may  be  asked 
this  question,  •  Whether  or  no,  wlien  he  first 
brought  it  in,  the  boy  did  not  deny  to  sign  it  ? 

X.  C.  J.  Did  he  bring  the  paper  thither  be« 
fore  thou  sig^edst  it  ? 

W.  Edwards.  It  was  upon  the  table. 

X.  C.  J.  Didst  not  thou  refuse  to  put  thy 
name  to  it  ?— YF.  Edwards,  Yes. 

X.  C.  J.  Why  ?—W.  Edwards.  1  was  afraid; 

X.  C.  /.  Why  ? 

W.  Edwards.  For  fear  of  coming  into  dan- 

X.  C.  X  Why,  what  danger  could  there  be? 
There"  was  no  danger  if  it  was  truth. 

W.  Edwards,  That  was  not  the  truth. 

X.  C.  J.  Which  was  not  truth  ?  Was  not 
the  wiper  that  he  had  written  truth  ? 

W.Edwards.  No. 

X.  C.  J,  How  so,  child  ?  Was  not  that  thou 
toldest  him  the  truth  ?— IT.  Edwards.  No. 

X.  C.  J.  Tell  the  truth  now  then. 

W,  Edwards.  So  I  do. 

Sol.  Gen.  Then  he  offered  it  first  to  you, 
and  bid  you  sign  it,  and  yon  denied  to  put 
your  hand  to  it,  because  it  was  not  true? 

W.  Edwards.  Yes. 

X,  C.  J.  And  how  h>ng  after  did  he  offer  it 
to  you  again  ? 

W,  Edwards.  AUttlCwhileafter. 

X.  C.  X  But  did  you  tell  Mc.  Braddon  tt 
was  not  true,  when  you  reftised'to  sign  it  ? 


1151]  STATE  TRIALS^  36CHAnhEsn.l6S^Lr^7\i§l4fBraddim(mi^eht,  [list 

place  where  he  asstgned  tiiat  the  nior  wu 
ibund  in  Ae  TtfWer :  He  Bays,  that  after  such 
time  as  the  writinjgp  was  finbhedl,  Mr.  BmddoD 
offered  it  him  to  sign,  andherefosedtoagnit, 
and  I  asked  him  me  reaauo  why,  and  he  says, 
because  it  waa  fidse ;  he  says  some  short  tine 
afterwards  Mr.  Braddon  came  to  him  again. 

W.  Edwards.  No,  Sir,  it  was  the  sanpetime. 

L,  C,  /.  Well,  the  same  time  Bnddon  wt» 
at  him  again,  and  told  him  there  was  no  hann 
in  it,  and  therefore  de«red  him  to  sign  it,  aod 
becaose  he  would  not,  he  would  have  bis  tost 
to  have  signed  it ;  and  he  says,  tbatBraddoi 
telling  him  there  was  no  harm  in  it,  he  did 
sign  it 

Sol.  Gen.  But  withal  he  says, that  it  isfilie. 

L.  C.  J.  Ay,  he  swears  now  it  is  all  false. 

Mr.  Freke.  Did  you  tdl  Mr.  BraddoD  it 
was  false.' 

X.  C  /.  No,  he  says  he  did  not. 

Mr.  Fr^ke.  Did  your  sister  at  all  discoarse 
with  you  after  you  had  dictated  to  Mr.  Bnd- 
don ?  Pray  ><^liat  discourse  had  you  witli  ber 
after  Mr.  Braddon  writ  that  paper,  before  yo« 
refused  to  sign  it? 

Xr.  C.  J.  Do  not  ask  any  leading  questimf 
Sir,  but  propose  a  fair  plain  question. 

Mr.  Preke.  Did  you  discoiirse  with  yoar 
sister  at  aN,  after  Mr.  Braddon  had  been  atyoor 
house  ? 

W.  Edwards.  Yes,  I  had  been  at  school,  snd 
when  I  came  home,  they  tfaid  thatagentleiniii 
that  came  from  Uie  earl  of  Essex's  brother, 
had  been  to  inquire  of  the  truth  of  the  report  1 
had  raised. 

Mr.  Frtke.  What  did  your  sister  say  to  yoo  ? 

W.  Edwards.  That  was  all. 

Sol.  Gen.  Did  she  name  the  gentleman,  and 
did  you  see  him  afterwards  ? 

W.  Edwards.  Yes. 

Sol.  Gen.  Who  was  it  ? 

W.  Edwards.  That  gentleman,  Mr.  Brad- 
don. 

Jury.  My  lord,  we  don't  hear  a  word  hesajL 

L.  C.  J.  He  says  he  had  been  at  scbon, 
and  when  he  came  home,  they  toM  him  a  gn* 
tlcman  came  from  the  earl's  brother,  to  inqtnie 
of  the  truth  of  what  he  had  reported :  It  wis 
asked  him  who  the  gentleman  was,  and  he 
says,  it  was  that  gentleman,  Mr.  Braddon. 

Mr.  Thompson.  Before  such  time  as  Mr. 
Braddon  came  to  you,  what  did  you  tell  you 
father  about  this  razor,  and  whenr 

W.  Edwards.  Sir,  I  told  him  the  kinff  and 
duke  of  York  were  at  the  Tower,  and  vliile  I 
was  there,  I  said,  1  saw  a  hand  cast  oot  t 
bloody  razor,  and  a  maid  com*  out  and  take  it 
up,  andjTO  in  agam. 

Mr.  T/umpson.  Did  you  tee  any  such  thisg 
as  a  bloody  razor  cast  out? 

W.  Edwards.  No. 

L.C.J.  What  a  dust  baa  soch  a  trimi  re- 
port made  m  the  world  I  Admit  the  boy  had 
said  any  such  thing,  what  an  age  do  w^  li^  iO) 
that  the  report  of  every  child  shall  blow  us  ap 
after  this  rate  ?  It  would  make  a  body  tremble 
to  think  what  aort  of  people  we  live  amopg: 


'      W.  Edwards.  No,  I  did  not. 

X.  C.  J.  Why.  didst  thou  Irefuse  to  sign  it 
then  ? 

W.  Edwards.  I  was  afraid,  because  it  was 
not  true.  «  ' 

X.  C.  J.  Didst  not  thou  tell  Mr.  Brnddon  it 
was  not  true  ? 

W.  Edwards.  I  did  not  UAl  Mr.  Braddon  it 
was  not  true» 

X.  C.  Ji  Why  then  wast  thou  afraid  to  tngn 
it  because  it  was  not  true  at  one  time,  and  yet 
did  sign  it,  though  it  was  not  true,.at  another 
time? 

Sol.  Gen.  Child,  didst  thou  give  Mr.  Brad- 
don any  reason,  why  thou  didst  not  sign  it  at 
that  time  ?—  W.  Edwards.  No,  Sir. 

Sol.  Gen.  How  didst  thou  come  to  sign  it  ? 
Did  any  body  speak  to  thee  between  thiU  first 
time  iliou  musedst  to  sign  it,  and  the  second 
time  diou  didst  sign  it  ? 

W.  Edwards.  He  would  ftun  have  got  my 
aunt  to  have  signed  it. 

X.  C.  J.  Thou  sayest,  thou  didst  first  refuso 
it,  because  it  was  not  true  ?  ^ 

W.  Edwards.  Yes.    . 
.  JLC,  J.  And  then  afterwards  thou  didst  sign 
iif-'W.  Edwards.  Yes. 

X.  C.  X  Then  I  ask  thee,  who  persuaded 
thee  to  sign  it  after  that  time  that  thou  still  re- 
fusedstit? 

W.  Edwards.  My  mother  was  afraid  to  have 
me  sign  it. 

X.  C.  J.  Who  persuaded  you  to^sigfn  it? 

W.  Edwards.  Mr.  Braddon  said  there  was 
no  harm  in  it,  so  I  did  it. 

X.  C.  X  Did  Mr.  Braddon  then  persuade 
you  to  sign  it  ? 

W.  Eawards.  He  said  there  was  uo  harm  in 
it,  that  was  all. 

X.  C.  J.  Did  you  do  it  at  his  desire  ? 

W.  Edwards.  Yes. 

X.  C.  X  And  you  refused  it  at  first  when  he 
d/esired  it  ^-^W.  Edwards.    Yes. 

X.  C.  X  What,  because  it  was  false  ? 

W.  Edwards.  Yes. 

X.  C.  J.  Why  then  wouldst  thou  sign  it 
afterwards,  if  somebody  did  not  pei'suade  thee 
toit? 

W.  Edwards,  He  told  me  there  was  nothing 
of  harm  in  it. 

Ati.  Gen.  Hadst  thou  any  money  offered 
thee  by  Mr.  Braddon  ?— TT.  "Edwards.  No. 

Att.  Gen.  Hadst  thou  any  money  promised 
iSiee  ?— IT.  Edwards.  No. 

Ait,  Gen.  Hadst  thou  any  thing  else  offered 
or  promised  thee  ? 

W.  Edward^.  No,  nothing  at  all. 

I.  C.  J.  You  have  hes^  what  he  has  said, 
ipentlemen? 

Jury.  No,  my  lord,  we  have  not  heard  a 
wotd. 

X.  C.  J.  Then  I  will  teU  vou  what  he  has 
aaid  exactly.  He  says,  that  mr.  Braddon  writ  it 
from  him ;  that  he  writ  it  in  the  room  while  he 
was  there ;  that  after  ^uoh  time  as  he  had  writ 
it,  Mr.  Braddon  read  it  to  him :  He  says,  that 
be  bod  carried  his  brother  to  Aen  him  the 


1153]         ST^£  TRIALS.  36Cuaelb8  IL  lesi.-^f&r  a  JUisdtmeanor. '   ,  [1154 


To  what  ao  heat  does  zeal  tnuisport  tome  peo- 
ple, beyond  ail  reason  aod  sobriety  ?  If  such  a 
little  boy  bad  said  ao,  it  is  not  an  halt-penny 
Doattef ,  but  promptly  all  tbe  g^etontent  is  to 
be  libelled^or  a  boy,  whtcb,  wbether  he  speaks 
true  or  false,  is  of  no  great  weight,  and  he 
•wears  it  i^  all  talse. 

SoL  Gen,  My  lord,  we  shall  next  call  Dr.. 
Hawkins's  son  of  tbe  Tower.  Where  is  Tho-* 
laas  Hawkins  P    [Who  was  sworn.] 

Att,  Gen.  My  lord,  agreeable  to  what  the 
boy  has  now  said,  to  shew  you  that  what  Mr. 
Braddon  got  hina  to  sign  was  all  false,  here  is 
the  young  man  that  tnfkoted  with  hiin  the 
same  morning,  that  was. with  him  all  the  time^ 
tbe  whole  morning,  that  says,  there  was  no 
anch  thing,  and  be  saw  no  such  thing;  and 
how  could  it  enter  into  the  boy's  head  such  a 
malicious  lie,  if  it  had  not  been  dictated  ?  Pray 
Mr.  Hawkins,  will  you  acquaint  my  lord,  and 
the  jury,  whether  you  played  truant  that 
noming  with  this  other  bay,  and  where  you 
were? 

X.  C.  J.  Ay,  tell  the  truth  in  God's  name, 
young  man,  t!e  it  one  way  or  the  other,  let  the 
truth  come  out.  • 

Hawkins,  In  tbe  morning,  Su*,  I  met  with 
him  at  tbe  Tower,  going  round  with  tbe  king, 
and  we  walked  round  the  Tower  as  lon^  as  the 
king  walked,  and  then  the  king  going  into  the 
Constable's  bouse,  we  and  some  ipore  boys 
were  playing n 

X.  C.  /.  rrithee  speak  out,  as  though  thou 
wert  at  play  at  chuck- larthiug. 

Hawking.  AHer  we  had  b^n  at  plav,  I  went 
home,  and  after  I  had  been  there  a  little  while, 
news  was  brought  to  my  fatlier  that  the  earl  of 
Essex  bad  kilkd  himself.  Mv  father  went 
down,  and  I  followed  him,  and  alter  I  had  been 
there  a  little  while,  William  Edwards  came 
home,  and  there  we  stood  looking  up  at  the 
window  an  hour  or  two  at  least,  and  after  we 
bad  tarrittl  there  a  great  while,  I  went  oat  of 
the  Tower  g^te  a  little  after  eleven. 

Att.  Gen,  Was  there  no  ri^or  thrown  out 
of  the  window? 

Hawkins,  No,  there  was  no  razor  thrown 
oot 

X.  C  J.  Didst  not  then  se^  a  razor  thrown 
out  of  the  window  and  a  maid  come  and  take 
Hup? 

Hawkins,  No,  there  was  no  such  thing. 

X.  C  /. .  W^re  you  there  before  Bdwards 
eunef^Hawkifis,  Yes. 

X.  C.  J,  And  you  went  out  with  him  ? 

Hawkins.   Yes. 

X.  C.  J.  Did  you  and  Edwards* go  away  to- 
gether?— Hawkins.  Yes. 

Mr.  Thompson.  Did  he  tell  you  of  any  such 
thing? — Hawkins,  No. 

Sol.  Gen.  What  time  of  the  day  was  it  that 
you  went  out  of  the  Tower  ? 

Hawkitu,  Almost  eleven  o'<;lock. 

Mr.  Wallop.  The  boy  does  say,  he  did  tell 
his  father  and  mother,  and  all  the  fiunily  of  it. 
And  it  is  i>Iain  by  the  father,  that  it  was  known 
in  the  family  by  ten  of  the  clock. 

VOL.  IX. 


SoL  Gen.  Was  this  young  man  with  you, 
all  the  time  that  you  was  there,  l^d wards? 

W.  Edwards.  Yes. 

Att.  Gen,  Did  not  you  teH  your  father  of 
this  siory  when  you  came  from  tlif  Tower  ? 

W.  Edwards.  Yes. 

Au,  Gen.  And  that  was  the  Banie'  time  you 
came  out  of  the  Tower  with  Hawkins  f 

W.  Edwards.  Yes.' 

An.  Gen.  And  you,  Hawkins,  was -this 
yonng  man  with  you  all  the  time  you  were  at 
my  lord  Essex's  window  ?  .    . 

Hawkins.  He  came  thither  while  I  stood 
there, 

Att.  Gen.  My  lord,  this  is  but  the  beginniii^ 
of  our  evidence,  your  lordship  sees  \^bat  a  fine 
case  it  is,  and  how  all  this  noise  and  bustle  has 
come  to  be  made  in  the  ^orld.  The  rumour 
did  tirst  aiis^  in  a  fanatic  family,  and  was  pro-* 
pagated  by  that  party. 

Mr.  Jones,  Ay,  it  is  easily  known  whence  it 
came. 

.  X.  C.  J.  Gentlemen,  pray  will  you  go  on 
with  your  evidence,  and  make  no  descants. 

Mr.  Freke.  You,  Hawkins,  when  Vou  camt 
from  your  father's  hoose,did  you  find  that  boy 
in  Tower  ? 

Hawkins,  Yes,  Sir,  a  going  round  with  the 
king. 

L,  C,  J,  That  was  before  this  thing  hap- 
pened. ^  « 

•     Mr.  Freke.  Were  you  with   him  all  the 
while  he  was  in  the  Tower  ? 

Hawkins.  Just  before  my  lord  Essex  cat  his 
throat  I  went  home. 

Mr.  Freke.  Were  you  with  him  all  tbe  time 
or  no?  And  how  long  were  you  with  him  ? 

Hawkins.  I  went  with  him  round  the  Tower 
with  the  king.  And  a'fter  we  were  at  play,  and 
then  I  went  home,  and  then  when  1  had  befeu 
at  home  a  little  time,  the  rumour  and  noise 
came,  that  the  earl  of  Essex  had  killed  himself; 
so  I  went  with  my  father,  and  stood  before  tbe 
window,  and  I  tarried  there  a  while  before  he 
came  home,  and  I  stayed  with  him  looking  at 
the  window  a  great  whde,  and  we  went  out  oC 
tbe  Tower  together. 

Mr.  Freke.  You  littlfi  boy,  Edwards,  was 
this  Mr.,  Hawkins  with  you  all  the  time  that 
you  were  in  the  Tower  ? 

W.Edwards.  Yes,  but  only  a  httle  while  that 
I  was  at  the  Mills. 

Att,  Gen.  My  lord,  we  had  not  laid  so 
much  ^eigiit  upon  Mr.  Braddon  for  this  niat-^ 
ter,  but  that  he  could  nut  be  quiet,  but  must 
inform  the  king  of  it,  and  this  matter  was  all 
examined  before  tbe  king,  the  boy  was  sent 
for,  and  before  his  face  tbe  boy  declared  it  was 
a  lie.  And  after  he  knew  this,  and  after  the 
boy  had  twice  in  the  presence  of ,  the  king  de- 
nied it,  yet  notwhhstaading  all  this,  then  wa« 
the  project  between  htm  and  Speke.  We  shall 
first  prove  the  examination  of  this  roattn*  before 
tbe  Council,  and  how  he  was  acquainted  with 
it.  Pray  call  Mr.  Blathwaite  and  Mr.  3Iob* 
Stevens. 

Mr.  Bl9ihvmt9  was  swoni. 

4E  '         . 


n55]  STATE  TRIALS,  56 Charles  II.  l6SA.'-Tiial<fBraidonakiSp^,[m6 

Att.  Gen,   Pi-ay  Mr.  Btathwaite  will  yoii 
ffi?e  an  account  whether  you  were  present  at 
'  tlie  Council,  when  Mr.  Hraddon  bmug^ht  this 


information,  and  how  the  matter  was  examined 
there,  and  what  was  done. 

Mr.  Blaihwaite.  My  Jord,  it  was  on  the  20th 
"  mf  July,  that  Mr.  Braddon  came  to  Whitehall, 
he  may  remember  I  was  there,  for  he  could 
not  but  see  me  attending  on  the  kinjf.  This 
little  boy  was  brougfht  .before  his  majesty,  and 
was  asked  what  information  he  had  g^ven  Mr. 
Braddon  ?  And  whether  the  matter  of  the  in- 
formation was  true  ?  The  boy  ssdd  it  was  a  lie, 
and  that  upon  his  faith  it  was  not  true.  Mr. 
Bntddon  knew  all  this,  for  he  was  called  m  and 
informed  of  it ;  and  I  believe  Mr.  Braddon  will 
remember,  that  he  heard  the  boy  deny  it.  The 
li'bole  examination  could  not  but  shew  that  it 
was  an  invention  of  his,  as  he  said  it  was,  to 
excuse  himself  for  having  played  truant  that 
day,  and  that  because  he  was  idTraid  to  go  home 
he  invented  that  lie.  After  this  Mr.  Braddon, 
«5  it  appears^  dkl  nevertheless  pursue  this  bu- 
•iness. 

L.  C.  J.  Pray  only  tell  what  yon  know  of 
your  own  knowledge,  both  before  and  after. 

Mr.  Biathrcaite.  I  know,  my  lord,  that  Mr. 
Braddon  (having  been  in  the  country)  came  af- 
terwards before  the  king,  and  was  again  exa- 
mined upon  this  matter,  by  which  it  appeai-ed, 
that  he  did  continue  in  his  pursuit,  though  he 
was  always  informed  of  the  denial  the  boy 
made,  and  thit  it  was  understood  to  be  a  lie  by 
•be  whole  family  of  the  Edwards's,  as  well  as 
fi-om  the  denial' of  the  little  toy  ;  for  they  did 
confess,  that  the  boy  used  to  tell  lies,  and  one 
of  the  sisters  sjiid  he  had  denied  it  at  first,  bi^t 
afterwards  wsfc  brouglit  to  say  it.  And  if  I  re- 
member right,  the  w  ords  of  one  of  the  sisters 
were,  «»  Braddon  compelled  the  boy  to  slj^n  it." 
Those  are  the  words  in  the  minutes  that  !  took 
at  the  exaniination  ;  therefore  I  believe  it  was 
80,  that  the  boy  had  denied  before  to  sign  it. 
But  this  I  only  mention  as  what  th& sister  said. 

L.  C.  /.  Have  you  any  more  questions  to 
ask  Mr.  Blathwaite,  gentlemen. 

Mr.  NortL  Because  we  %vill  npt  trouble 
Mr.  Blaihwaite  to  call  him  again,  pray  pro- 
iluce  the  letter.  . 

■ 

Att.  Gen.  Pray,  §ir,  will  you  look  upon  that 
letter,  and  tell  the  court  what  you  know  of  it, 
and  whose  hand  it  is. 

Mr.  Blathtcaite,  »Iy.k)rd,  This  is  a  letter 
Miat  was  producefl  before  the  king,  when  Mr. 
Speke  attended  there.  It  was  tlien  put  into 
my  hands  ;  and  I  do  well  remember,  and  like- 
wise I  have  Written  upon, it,  that  Mr.  Hpeke 
owned  it  to  l>e  Itis  letter. 

L.  C.  J.    Did  he  own  it  lo  be  his  letter,  Sir  ? 

Mr.  BUthncaite.  Ves,  he  did  own  it  to  be  his 
letter. 

Att.  Gen.  That  is  all  we  have  to  trouble 
you  with  at  present,  Sir:  We  will  now  call  Mr. 
MonrffeTenft,  [W  ho  standing  up  by  the  Crier, 
was  sworn.]  And  we  call  hjm  to  prove.  That 
Mr.  Braddon  had  notice  the  boy  had  disowned 
this  matter. 


•  Sol.  Gen.  Yoa  bear  the  qiiestHm,  Sir,  ptay 
acquaint  my  lord  and  the  jury,  '\i'hat  yoa  k&oir 
of  this  boy'^B  ex^roinatioo  before  the  coaodl, 
and  this  gentleman's  having  noluse  the  boy  ^ 
owned  the  thing. 

Mr,  Mm0te9en».  My  lord,  ^beot  5  or  6 
ilays  after  my  lord  of  Kssex  had  murdered  bin* 
fien  in  the  Tower,  I  saw  Mrs  Braddon  at  the 
secretary's  lodgings,  my  lord  Sunderhuid'a 
lodgings  at  Whitehall,  with  a  young  womn^ 
and  a  boy  about  13  or  13  years  oM.  Hie 
boy  was  just  now  in  court,  I  saw  him 
thei^.  He  came  to  me,  and  told  me,  be  hid 
earnest  business  to  sp!eak  with  my  lordSuader- 
land,  That  be  came  from  sir  Henry  CapcU,  urf 
he  told  me^  he  came  with  an  informatioD  tbit 
the  boy  had  given  rebttngto  the«arl  of  Eisa't 
death.  (The  information  I  believe  is  in  oourL) 
He  gave  me  the  information,  and  I  read  it,  aad 
I  remember  there  was  something  in  the  infor- 
mation of  a  razor  thrown  out  ot  a  window^! 
bloody  razor  thrown  out  of  my  lord  Easez^ 
window ;  and  after  I  had  read  the  informatiM, 
I  tokl  Mr.  Braddon,  I  wonder  air  Henry  CapeB 
had  not  appeared  himself  in  a  matter  of  ttat 
moment,  wnerein  the  reputation  of  his  family 
was  80  much  concerned  ;  and  I  took  the  libertr 
to  tell  him.  That  I  believed  if  sir  Henry  Ca^ 
bad  thought  that  to  be  true,  that  was  coDtaioei 
in  that'  paper,  he  would  doubtless  have  oome  to 
my  lord  Sunderland  himself.  Therenponhe 
told  me,  that  sir  Henry  Capell  bad  not  ben 
well,  and  did  not  stir  abroad.  Then  I  Hid 
Mr.  Braddon  again,  as  I  very  well  re* 
member,  ThAt  I .  was  confident  he  had  ben 
abroad  lately,  and  had  been  to  wait  opoo  the 
king,  since  the  death  of  my  lord  or  £ssex. 
Then,  my  lord,  he  had  littfe  or  nothing  ta 
say  to  that ;  but  he  said,  what  he  did  be  ivas 
obliged  to  do  in  conscience,  and  out  of  the  duty 
he  owed  to  the  memory  of  my  lord  of  Essei. 
Upon  that,  my  lord  Sunderland  came  by,  and 
I  went  with  him  to  my  lord  Sunderland,  and  be 
gave  him  that  paper,  as  I  suppose,  which  I 
read,  and  my  lord  Sunderland  took  the  iaforiDt- 
tion,  and  afterwards  Ah*.  Braddon  was  com- 
mitted in  custody,  and  then  the  thing  was 
brought  before  the  king,  and  the  lords  of  tbe 
council,  which  Mr.  Blathwaite  has  given  yoa 
an  accoimt  ot\ 

Att.  Gen.  My  lord,  1  pray  that  a  word  of 
the  InformatiQu  may  foe  read,  we  will  fint 
prove  the  information  taken  by  him,  and  then 
call  sir  Henry  Capell,  who  wift  prove  that  he 
uever  had  any  order  from  him,  as  he  said  be 
had,  but  it  was  only  his  own  busy  ioclinatioDS.      j 

CL  of  Cr.  This  is  subscribed,  "  Williwi 
*<  Edwards." 

X.  C.  J.    Call  the  boy  in  again. 

Mr.  Braddon.  May  1  ask  Mr.  Monstefcar 
a  question,  ray  lord  ? 

L.  C.  J.  Ay,  ask  him  what  you  will. 

Mr.  Braddon,  Sir,  Did  not  I  come  to  yoa 
the  Thursday  evening,  and  waited  at  the 
dotchess  of  Portsmouth 'd  lodgings,  before  i 
brought  the  boy  and  the  girl  to  Wnitbfaall  ? 

Momtevem.  No,  I  did  not  see  you  there. 


1 157]       STATE  TRIALS,  36  Charles  IT.  l6S4.-^^r  a  MUdemanar.        [\  158 

*  she  carried  into  the  sakl  captaiu  Hawlei'e 

*  house.     And  this  informant  believes  that  it 

*  was  the  said  maid,  who  be  iirst  heard  cry  out 

*  murder.  And  this  infomiant  further  .saith« 
«  That  he  heard  the  said  maid  sav  to  s<une 

*  which  were  about  the  door,  after  the  luurder 

*  was  cried,  That  she  (\U\  hear  the  said  lord  of 

*  Essex  to  gfroan  three  times  that  morning:.  The 

*  father,  three  sisters,  and  brother  will  swear, 

*  That  he  said  VV  illiam  Kdviardsdid  declare  tha 
<  substance  of  tbis  Information    to    them  on 

*  Friday  the  13th  instant,  and  never  in  the  least 
«  denied  it  til|  Tuesday  after,  uhcn  being  chid 

*  and  threatened  by  the  eldest  sister,  lie  did 
*deny  it;    but  soon  after  confessed    it,    and 

*  signed  it  in  the  presence  of  live  or  six  wit- 

*  nesses.*  .  • 
Just.  Wit  him.    Thus  you  see,  he  persuaded 

hira  to  tell  a  fine  stoi-y  ot  goi»^  to  see  my  lord 
Brandon  Gerard's  lougings,  but  the  boy  never 
told  any  such  thing. 

X.  C.  J',  No,  he  never  told  him  a  word  of  it, 
he  swears. 

An,  Gen.  My  lord,  Your  lordship  has 
heard  from  Aftr.  Monatevens,  That  this  gentle- 
man, Mr.  Braddon,  made  use  of  tbeoame  of  an 
honourable  person,  sir  Heurv  Capell,  dnd  so 
at  the  secretary's  and  at  Edwards's  house' 
made  use  of  the  name  of  my  ladv  Essex.  We 
shall  now  call  sir  Henry  Capell.  [Who  was 
sworn .]  Sir  Henry  Capell,  W  ill  you  pjease  to 
give  an  account,  whether  aver  von  «;mployed 
this  gentleman,  Mr.  Braddon,  about  any  such 
business  as  he  has  here  under^taken  ? 

■Sir  H»  Capell.  I  hope  you  will  ^ve  me  as 
short  a  dispatch  as  you  can,  Sir,  for  it  is  very 
uneasy  for  me  to  be  here  in  this  crowd. 

Sol,  Gen,  We  |^ve  you  some  trouble,  sir 
Henry,  but  indeed  it  is  not  we,  but  thiis  genile-r 
man,  that  has  been  pleased  to  use  your  name* 
has  necessitated  it. 

Alt.  Gen,  We  ask  vou  a  short  question, 
Whether  you  employed  Mr.  Braddon  to  go  to 
Mr.  Edwards's  house,  or  to  the  secretary's,  or 
any  where  else  to  prosecute  this  matter  of  your 
brother's  death. 

Sir  H.  Capell,  Mv  lord,  I  know  very  little 
of  Mr.  Braddon.  He  was  -to  speak  with  me 
twice.  The  first  time  be  took  me  ^n  very  great 
disorder,  both  as  to  the  circumstance  of  time 
and  place,  which  are  so  tender  with  me,  that  . 
truly  I  cannot  express,  nor  do  i  very  weW  know  ' 
what  I  did  say,  or  what  he  said  to  me  ;  but  the 
second  time  he  came  to  me,  I  do  very  well  re* 
member  what  I  did  say.  And  ttiat  wnich  I  did 
sav  the  second  time  is  the  most  material  thing 
I  nave  to  say  in  the  matter.  He  came  to  me 
and  spake  of  such  a  business  as  the  court  is 
well  apprized  of  already,  ^I  hofie  you  wifl 
pardon  me,  if  I  do  not  repeat  it,)  1  made  answer 
to  him,  Mr.  Braddon,  I  am  imder  great  grief 
and  under  a  great  burden  of  business  in  my 
private  family,  whatsoever  you  have  to  say 
m  the  matter,  I  desuH?  you  would  go  to  a  se» 
cretary  of  state  and  aoqnaint  him  with  it.  This 
is  the  most  material  thiDg  that  was  said  that  I 
remember. 


Braddan.^  You  Are  positive  in  that,  Sir  ? 

MansteveTU,  Yea,  I  will  take  my  oath  again 
of  it,  if  you  will. 

BradMn.  Then  I  will  prove  I  was,  and  that 
I  saw  3^0tt  at  ten  of  the  clock  that  morning. 

Mamtevent.  I  remember,  my  lord,  very 
veil.  That  I  was  surprised  to  see  him  at  the 
lodgings  at  Whitehall.  I  ueTer  saw  biro,  to 
the  but  of  my  remembrance,  but  once  in  my 

life. 

Braddon.  What  time  was  it,  pray,  you  first 
«AW  me  ? 

MontiefoeM,  It  was  in  the  afternoon,  as  I 
vemember. 

L,  C.  /.  Hark  you,  you^  man,  do  you 
know  my  lord  Gerard  ? —  W,  Edwards,   Yes. 

X.  C.  /.  Which  lord  Gerard  do  you  know  P 

W*  Edwardt:  My  lord  Brandon  Gerard. 

X.  C.  /.    How  came  vou  to  know  him  ? 

W»  Edwardg,    By  sight  I  know  him. 

X.  C.  /.  Do  you  know  where  he  lodged  in 
^txeToweTT-^W,  Edwards,   Yes. 

L.C.J.  Where? 

W,  Edwards*  At  one  Mr.  Sam's. 

X.  C  J.    Was  yoQ  ever  in  his  lodging  ? 

IF.  Edwards.  No. 

X.  C.  J.    Never  at  all  ?—W,  Edwards,  No. 

X.  C.  X  Did  you  ever  tell  stny  body  you 
were  in  my  lord  Brandon  Gerard's  lodgmgs  ? 

W,  Edwards.    Never  in  my  life. 

X,  C.  X  Did  YOU  never  tell  Braddon,  that 
you  went  to  see  bis  lodgings  ? 

TV,  Edwards.   Into  the  house  I  never  went. 

X.  C.  X  Did  you  never  tell  Braddon,  That 
TOO  went  to  see  my  lord  Brandon  Gerard's 
lodgings?  Never  in  your  life?  / 

W,  Edwards,   No^fiif. 

X.  C.  X    Now  read  it. 

CI,  of  Cr.  [Reads.] « The  Information  of 

William  Edwanls,  second  son  to  Thomas 
Edwards,  e(' the  parish  of  A 11- hallows  Barkin, 
London,  taken  tne  18lh  day  of  July,  in  the 
d5th  year  of  the  reign  of  our  sovereign  lord 
king  Charles  3,  anno  1683,  says:  Tnatthis 
infonaant  on  Friday  the  13th  of  this  instant 
July,  as  he  was  going  ,to  school,  with  his 
brother  Edward,  he  beard  that  his  maiesty 
and  his  royal  highness  the  duke  of  York, 
were  going  to  the  Tower.  Whereupon  this 
informant  left  his  brother,  and  went  to  the 
Tower  to  see  his  majesty,  and  his  royal  high- 
ness. And  when  this  informant  had  seen  his 
majesty  and  his  rovalhigbnesH,  this  informant 
aboat  nine  of  the  clock  in  the  morning  of  the 
same  day,  went  to  see  my  lord  Brandon  Ger- 
ard's lodgings;  and  as  this  informant  was 
standing  almost  over  against  my  lord  Gerard's 
lodgings,  between  the  lord  Gerard's  and  the 
laie  lord  of  Essex^s  lodgings,  this  informant 
saw  a  hand  cast  out  a  bloody  razor  out  of  the 
said  earl  of  Essex's  lodgings.  And  this  in- 
formant was. going  to  take  up  the  said  razor, 
which  he  saw  on  the  ground  to  be  bloody ; 
bat  before  this  informant  cape  to  the  razor,* 
there  came  a  maid  runnmg  out  of  captain 
Hawley's  house,  where  the  said  lord  of^  Es- 
jpdgedy  and  took  vp  the  laid  razor,  which 


1159]  STATE  TRIALS,  S6  CuARLRS  II.  \6B4i.^TrMofBrtMMMiSpeki,  [li66 


Ait,  Gen.  But  yon  never  employed  htm 
to  go  abiiut  to  prosecute  any  saclv  tning  ? 

Just.  Withem*  ^r  Henry,  Pray  answer 
me,  did  you  desire  bim  to  |j;o  to  Edwards's 
bouse  and  ask  him  any  questions  abont  it  ? 

8ir  H.  Cupell.  I  knW  nothing  of  Edwards, 
nor  his  ttoutw  at  all. 

Braddon,  Sir  Henry  Capell,  Will  you  please 
to  let  roe  ask  you  one  question  ?  Do  you  not 
remember  I  came  to  Essex-house  on  the  Mon- 
day ni{i^bt,  and  thai  1  came  and  totd  you  of 
such  a  report,  and  that  I  bad  not  been  with 
the  father  of  the  boy  as  yet,  but  if  you  would 
then  send  one  wit^  me  1  would  go,  and  in  his 
presence  examine  the  boy,  and  you,  Sir,  pro< 
,  nu'sed  me  that  you  would  ;  and  whether  you 
did  not  appoint  me  to  tarry  at  such  a  place, 
where  yon  promised  to  send  one  to  go  along 
■with  me  ? 

Sir  H.  CapelL  My  lord, ,  1  have  a  gross 
idea  .of  that  which  he  speaks  of  concerning  his 
having  6t>e  to  meet  him,  and  that  I  told  him 
such  ao  one  should  meet  him,  aitd  the  person 
did  desire  to  be  excused,  and  I  did  excuse  him, 
and  so  he  did  not  g4i ;  upon  which  this  gen- 
tlonmn,  Mr.  Braddon,  came  to  me  a  second 
time,  which  was  after  dinner,  and  I  directed 
him  to  ^o  to  a  sc*cretary  of  state  and  acquaint 
him  with  what  he  had  to  say  in  the  business. 

Braddon,  Did  not  you  promise,  Sir,  to 
send  one  to  me  to  go  with  me,  and  desired  me 
to  meet  at  suchu  place  ? 

Sir  H.  Capeli,  1  remember  no  more  but 
what  I  have  said. 

-  Braddon.  Upon  the  oath  you  have  taken, 
sir  Heiiry  CapeU,  I  desire  you  would  recollect 
your  memory,  whether  you  did  not  promise 
me  in  the  morning  to  meet  at  such  a  place, 
and  was  not  I  twice  with  you  that  day  ? 
■    Sir  if.  CapeU.    Sir,  1  Know  no  more. 

Just.  Withim.  Do  you  think  sir  Henry 
Capel)  wonid  forswear  iiiinsclf,  Mr.  Braddon  ? 

Brad  ion.  My  lord,  I  only  desire  him  to 
recollect  his  memory. 

•  Sir  H.  CapeU .  (inly  I  do  farther  remem- 
ber, he  seemed  to  be  very  willing  to  go  to  the 
secretary  of  state. 

Att^  Gen.  And  if  he  had  acquiesced  there 
foe  bad  done  very  well,  and  there  had  been  no 
farther  trouble. 

Mr.  Jonet.  But  that  was  not  the  way  he 
intended,  that  would  not  do  his  work. 

SoL  Gen.  Pray,  Mr.  Blathwaite,  do  you 
give  my  lord  ^nd  the  jury  an  account  whether 
<his  intormation  was  ever  carried  before  any 
Justice  of  peace  in  order  to  have  it  sworn  before 
llim,  and  the  circumstance  of  it. 

Mr,  Blathwaite.  My  lord,  1  do  very  well 
temember,  when  this  information  was  before 
tlie  king,  and  was  shewed  to  Mr.  Braddon,  he 
there  confe^ed,  that  be  had  gone  about  to 
find  some  justice  of  peace  to  take  it  upon  oath. 
He  named  sir  Robert  Clayton,  and  sir  John 
LawriMice.  And  I  do  very  well  remember, 
and  it  is  upon  my  minutes,  That  he  confessed 
that  sir  Hobeit  Clayton,  being  asked  by  him 
p)  ^e  the  inl'ormation  in  private,  alone  with- 


out company  being  by,  sir  Robert  idntA  to 
take  it,  nnlesB  be  might  take  it  more  paUiclv, 
and  jBir  Robert  refusing  to  take  it  akiae,  m 
private,  he  would  not  let  him  to  take  it  at  aH, 
but  went  away  with  it.  I  remember  this  fcr 
sir  Robert,  and  it  may  be  Mr.  Brsddon  may 
remember  the  same  of  sir  John  hkintaet; 
but  I  cannot  tell  that. 

Att.  Gen,  My  lord,  now  we  are  come  to 
the  20th  of  Jaly,  when  this  business  wuhesri 
before  his  majesty,  and  the  boy  declared  it  wm 
a  lie,  and  then  ne  had  full  notice  it  was  a  lie. 
But  after  this  Mr.  Speke  and  he  oomak  to- 
p^her,  and  he  must  be  sent  as  aa  emiBnry 
mto  the  country  to  pick  up  informations  and 
evidences,  and  with  this,  and  some  other  in- 
formations in  his  pocket,  to  possess  the  people, 
that  the  government  had  nmrdeied  my  lord  of 
Essex.  And  he  must  be  sent  I  know  nut  Wv 
far,  as  if  the  further  he  went  from  London  the. 
better  intelligence  he  was  like  to  have  of  a 
thing  done  at  the  Tower.  Tjlie  justice  of  peace 
that  took  him  was  sumnioned,  but  is  since 
dead.  But  we  will  call  the  persons  that  wm 
present  when  he  was  taken,  where  is  Mr. 
Beech  P  [He  was  sworn.]  Mr.  Beech,  Will 
you  acquaint  the  court  and  the  jury  with  the 
manner  of  apprehending  this  geotlemao,  and 
what  papers  were  found  about  him  P 

Mr.  Beecff.  My  lord,  I  was  present  when 
Mr.  Braddon  was  apprehended  in  M'iltahire, 
and  several  |iapers  were  found  Uf.-on  him,  and 
upon  examinHtion  he  was  commttteil  to  the 
county  gaol,  and  from  thence  removed  by 
Habeas  Corpus  hither  up  to  London.  I  have 
copies  of  all  the  papers  that  ^ere  takenabont 
him,  which  I  examined  *  with  the  originals. 
The  one  was  a  copy  of  a  letter  sent  by  one 
Speke  to  sir  Robert  Atkms,  and  there  were 
other  papers  in  the  nature  of  Informatiou; 
another  was  a  letter  to  one  Cumpteo,  poA- 
master  at  Frome.  Mr.  Braddon  iipoo  bis  ex- 
amination said,  his  business  was  to  inquire 
after  the  murder  of  the  earl  of  Essex,  and  that 
one  Mr.  Burgis  had  sent  him  a  letter  to  thii 
purpose.  That  it  was  reported  at  Frame  that 
very  day  the  earl  of  Essex  cut  his  own  throat, 
that  he  had  so  done ;  the  news  of  which  could 
not  so  soon  come  do^n  thither. 

Att.  Gen.  Pray  speak  out.  Sir,  TeH  ns 
Nvbat  bis  business  ne  said  was,  and  aa  to  the 
letters  h^  had  about  him,  tell  us  what  he  said.' 

Mr.  Beech.  He  told  me,  that  he  had  a 
letter  from  one  Mr.  Bursas  of  Marlborough, 
to  go  to  one  Cumpten  at  Frome,  who  is  poiit- 
master  there,  to  inquire  about  a  report,  that  it 
was  said  was  reported  in  Frome,  the  iSth  day 
of  July,  the  same  day  the  earl  of  Essex  mur- 
dered himself,  that  he  wa»  murdered.  Mr* 
Braddon  had  that  letter  about  biro.  I  went 
aflerwards  to  that  Cumplen  at  t'rome,  he  said, 
he  never  heard  any  thmg  of  it.  Or  that  there 
was 'any  noise  of  the  earl  of  Essex's  marderj 
until  the  Sunday  following,  which  was  two  or 
three  days  after  From  thence  I  went  to  my 
lord  Weymouth,  a  person  of  quality  thatlivei 
near  Frome,  and  ac^iiainted  nis  lonWtip  wiA 


STATE  IHIALS,  S^Chakles  II.  1$8.4.— /or  a  Misdemeanor.        [ll62 


1  I6lj 

it,  and  be  then  said  that  be-had  aa  aooonot  on 
the  Sunday  t>f  my  lord  of  Essex's  mjarder,  and 
he  believed  that  was  one  of  the  first  letters  of 
it  that  was  in.  the  oouDtry.      ^ 

Sol.  Gen.  Are  these  the  papers  ypo  found 
about  htm.  Sir  P 

Mr.  Beech,    I  examined  diese  copies  with 
the  originals,  and  they  were  true  copies. 
-  Att.  Gen,    Well,  put  them  in. 

Mr.  Beech,  Truly,  Mr.  Braddon  gave  a 
very  ill  accoant  of  his  journey  to  those  that 
did  examine  him. 

An.  Gen.  Pray  loob  upon  those  papers 
that  are  the  originals. , 

Mr.  "Beech,  Que  colonel  Airs  was  the  jus- 
tice of  peace,  before  whom  Mr.  Braddon  was 
examined,  and  by  whom  he  was  committed  : 
be  is  since  dead,  but  1  do  believe  this  wa»  the 
original  letter  that  was  taken  about  Mr. 
Braddon.  * 

L,  C.  J.  Do  you  believe  that  was  the  ori- 
ginal ? 

Mr.  Beech,  I  do,  I  have  a  true  copy  of  it. 
Att.  Gen.  Besides,  We  will  prove  it  other- 
'wise  to  ^be  Mr.  Speke's  hand.  It  was  proved 
by  Mr.  Blathwaite  that  Mr.  Speke  upon  his  ex^ 
amination  did  own  it;  what  say  yon,  Mr. 
Blathwaite  ? 

Mr.  Blathwaite.  He  did  own  it,  and  said  in 
these  words,  as  I  remember,  he  believed  it  to 
be  his  band. 

Att.  Gen.  Wlyit,  that  paper? 
Mr;  Blathwaite.  Yes,  and  I  have  put  my 
band  upon  it»  that  it  was  owned  by  him. 
L,  C.  J.  Read  it. 

CI,  of  Cr.  This  is  subscribed  by  Hugh 
Speke,  and  dated  London,  Lincoln's- Inn,  Au- 
gust t5th  1683,  Wednesday  night  10  o'clodc, 
and   directed,    *  For  the  ever  honoured   sir 

•  Robert  Atkyns,  knight  of  the  Bath,  at  his 

*  bouse  at  Netherswell,  near  Stow  on  the  Wold 
<  in  Gloucestershire.' 

*  Honoured  Sir ; 
*  The  bearer  hereof  is  one  M^.  Braddon,  a 
very  honest  gentleman,  whose  father  has  at 
least  800/.  per  aan.  in  Cornwall;  it  seems  it  is 
his  late  to  be  the  only  person  tl>at  follows, 
and  .prosecutes  the  murder  of  the  earl  of 
Essex,  and  he  lias  made  a  very  considerable 
discovery  already  of  it,  notwitustanding  the 
bard  stream  he  rows  against,  as  things  stand 
and  are  carried  on  at  present.  But  indeed  I 
think  it  could  never  have  fallen  on  so  fit  a  man, 
for  he  has  been  a  very  hard  student,  and  is  a 
person  of  a  very  good  reputation,*  life  and 
conversation,  and  has  a  great  deal  of  pru- 
dence, and  has  as  much  courage  as  any  one 
living  whatsoever.  He  went  away  on  a 
sudden  hence  post  towai'ds  Marlborough  to 
make  some  farther  discovery,  and  what  be 
has  discovered  he  will  give  you  a  full  account, 
and  of  all  the  transactions  hitherto  about  it. 
I  lent  him  my  man  to  go  with  him  for  fear 
he  should  come  to  any  mischief,  for  most  here 
fear  he  will  either  be  stabbed  or  knocked  on 
>  the  head,  if  he  do  not  take  great  care  of  him- 
>^ir^   seeing  he  came  into  these  parts,  J 


^  thought  it  notamiss  togoi^d  advise  with  you 

*  how  he  had  best  to  proceed  in  it,  and  1  did 

<  charge  him  not  to  let  any  body  know  who  he 

*  was,  that  it  might  not  be  known  that  he  had 
'  been  with  yon  ;;  for  I  would  not  for  the  world 

*  that  yon  should  come  to  any  prejudice  in  the 

*  least  for  your  kindness  towards  us.  For  we 
'  labour  under  many  difficulties  as  the  tide 

*  runs  at  present. 

*  Prey  call  Mr.  Braddon  by  the  name  of 

*  Johnson  when  he  is  with  you ;  I  have  given 
\hiiir  the  same  item.    We  hope  we  can  bring 

*  on  the  earl  of  Essex's  murder  on  the  stage, 

*  before  they  can  any  of  those  in  the  Tower  t(^ 
'  a  tr^al.  He  being  in  great  haste,  I  have  not 
'  tiipe  to  write  more,  but  to  assure  that  Mr.^ 

*  Braddon  is  a  person  of  that^  integrity  and 
^  courage  that  no  body  needs  fear  to  trust  him. 

*  I  was  very  willing  that  he  should  take  your 
'  ad  vice,  in  this  case  which  is  of  so  great  a 

*  moment,  seeing  he  came  within  90  or  SO 

*  miles  or  thereabouts  of  your  house.  He  will 
^  gi][e  you  a  full  and  clear  relation  of  every 
'  thing  in  that  affair,  and  how  «hard  they  have 
*•  been  upon  him.  Sir  Henry  Ca|iell  told  him, 
'  that  it  was  a  thing  too  great  for  him,  *&c. 

<  All  which  Mr.  Braddon  (Uiatyou  are  tfi  caH 

*  Johnson  whilst  he  is  with  you  at  your  house) 

*  will  give  you  a  true  relation  of.     Mr.  Braddon 

<  bath   been   at  a   great  trouble  and  charge 

*  already  about  it  ;  <  I  know  few  that  wonid 

<  have  ventured  to  have  undertaken  thiil  affair 

*  besides  himself,  as  times  go.  I  received 
'  yours  this  day,  -with  the  great  pains  yoH 
^'took,  and  the  letter  to  the  lady  Russell,  which 

*  finding  unsealed,  I  sealed,  without  looking 
*■  into  it,  and  carried  it  myself .  she  ret^ims  yon 

*  ten  thousand  thanks,  and  says,  she  knowa  not 
'  what  return  to  make  you  for  your  most  extr»- 

*  ordinary  kindness.     1  have  not  time  to  writa 

*■  any  more  at  present,  by  reason  that  Mr.  Brad*  - 
'  don,  alias  Johnson,  stays  only  for  this  my  let* 

*  ter.    T  am.  Sir,  your  most  obliged   friend 

*  and  most  humble  servant,      Hugh  Sp£ke.' 

'  I  am  writing  a  letter  to  sen|^  to  you  by  the 

*  carrier.' 

Att.  Gen.  This  gentleman  brings  in  Mr. 
Speke  to  be  the  author  of  all  this  contrivance. 
But  we  shall  prove  to  you,  tliat  at  the  same 
time  this  letter  was  taken  about  him,  this  gen* 
tleman  had  others  that  were  likewise  taken. 
These  examinations,  which  I  desire  may  be 
hkewise  read. 

Mr. .  I^ry  lord,  I  came  laltely  from  aur 

Robert  Atkyns,'  he  is  an  utter  stranger,  to  tSL 
this,  he  is  now  in  the  country,  and  luiows  no? 
thing  of  it. 

L,  C.  J,  If  they  will  use  hia  name,  I  canH 
help  it. 

Mr. .  My  lord,  I  would  not  have  any 

redection  upon  uim,  for  he  knows  nothing  at 
all  of  this  matter. 

Sol.  Gen,  The  letter  was  never  received  by 
sir  R.  Atkyns,  but  takeu  belore  it  came  to  him. 

Att.  Gen,  All  the  matter  is,  it  is  an  unhappy 
thioff  to  be  thought  well  of  by  such  aort  A 
people. 


1  iCa]  STATE  TRIALS,  S6  CiiARLES  II.  i6U.-^Trial  qf  Br^ddouaud  Speke,  [\l6i 

L.  C.  J.  I  see  nolfaing  of  sir  Robert  Atkyns 
in  the  cade,  but  only  his  name  is  used,  and  no- 
tice is  taken  of  the  great  oblio^tions  some  peo- 
|ile  have  to  him,  i\})L  his  gi-eat  kindness  to  his 
IViends'.    , 

CKofCr,  Here -is  an  information. 
1  X.  C.  J.  Was  this  fbnnd  about  him  too? 

Mr.  heech.  Yes,  I  believe  that  is  the  verr 
pa|)€r,  I  have  no  copy  of  tliat  paper,  but  I  well 
remember  the  contents  of  it. 

Att.  Gen,  Did  you  sic^  it  or  mark  it  ? 

X.  C.  J.  He  may  beheye  it  to  be  without 
•igningr.  ' 

Mr.  Beech*  I  presume  Mr.  Braddon  will 
own  it. 

C  i.  of  Cr.  The  Information  of  Mrs.  Edwards, 
wife  to  Thomas  Edwards,  saith,  '  That  about 
*'  10  o'clock  in  the  morning  on  Friday  the 

*  13th  of  this  instant  July,  this  in^oripant's 
'  youngest  son  William  Eclwards,  ag^d  about 
«  13  years,  dime  trembling  to  this  informant, 

*  and  in   great  amazement  and  horror   told 

*  this  inibrmant,  that  the  lord  Essex  had  cut  his 
^  throat  in  the  Tower,  and  farther  said,  Thas 

*  he  the  said  William  Edwards  in  the  morning 
*•  about  nine  o'clock,  did  see  a  hand  cast  out 
»  a  razor  out  of  the  said  lord  of  Essex's  lodg- 
« ing  window,  which  razor  he  saw  on  the 
«  ground  to  be  bloody.  And  the  said  William 
«  Edwards  was  going  to  take  up  the  said  razor, 

*  but  before  he  came  to  it,  there  came  a  maid 

*  running  out   of  captain   Hawley's  house, 

*  where  the  said  earl  of  Essex  lodged,  aiyi 
>  took  up  the  razor,  which  she  the  said,  maid 

*  forthwith  carried  into  the  said  captain  Haw- 

*  ley's  house,  and  koon  after  he  the  said  Wil* 
'  Ham  Edwards  lieard  her,  as  he  the  said  Wil- 

*  liam  Edwards  did  believe,  cry  out  murder. 
'And  this  informant  further  .saith.  That  the 

*  substance  of  which  the  said  William  JSdwards 

*  hatH  sworn  in  this  information,  he  the  said 
^  William  Edwards  on  Friday  last  did  declare 
'  to   this   informant  and  her  whole  family, 

*  several  times  attesting  it  to  be  true,  and  several 

*  times  since.' 

CI.  ofCr.  Here  is  the  Information  of  Wil- 
liam Edwards  second  son  of  Thomas  Ed* 
*(fards. 

Att,  Gen,  That  is  the  same  with  what  was 
read  already. 

X.  C  J.  AV)  that  is  the  boy's  Information. 

CL  (^Cr^  Here  is  another,  it  is  dated  Au- 
gust the  8th,  1683.  The  Information  of  Jane 
Lodeman,  aged  about  IS  years,  did  in  the  pre- 
ISence  of  these,  whose  names  are  here  under- 
"written,  declare  as  followeth^  *  That  the  said 

*  Jane  Lodeman  was  in  the  Tower  on  Friday 
<  morning,  the  ISth  of  July  last,  and  standing 
<^  almost  over-against  the  late  earl  of  Essex's 

*  lodging  window,  she  saw  a  hand  cast  out 

*  a  razor  out  of  my  lord's  window,  and  imme- 
'  diately  upon  that  she  heard  shrieks,  and  that 

*  there  vim  a  soldier  by  my  lord's  door,  which 

*  cried  out  to  those  within  tuc  house,  that  some- 

*  body  should  Come  and  take  up  a  razor  which 
'  was  thrown  out  of  the  window,  whereupon 

*  there  came  a  maid  with  a  wbite  hood  out  of 


{  *  the  house,'  but  who  to(dt  up  the  razor  sha 
*•  cannot  tell.' 

This  isttibscribed       John  Boom, 
&  Wm.  SMrra. 

CL  of  Qr,  Here  is  another  paper,  August  the 
8th,  16*83.  Mr. William  Glasbrooke  floes  decbre. 
That  one  Jane  Lodemau,  aged  about  13  yean, 
inhabiting  in  the  same  house  where  be  tlie  said 
William  Olasbrooke  lodged,  did  on  Friday  the 
13th  oi*  July  last  past,  betweei^  the  hours  of  10 
and  11  in  the  momin;^,  in  the  presence  and 
hearing  of  him  the  said  William  Glasbrooke 
declare  to  her  aunt,  '  That  tlie  earl  of  Esses 
'  had  cut  his  throat,  upon  which  her  aunt  was 
<  very  angry  with  her,  whereupon  she  the  said 

*  girl  did  declare,  that  she  was  sure  of  it,  ftir 

*  she  saw  him  throw  the  razor  out  of  the 
'  window,  and  that  tlie  razor  was  bk>ody,  and 
'  that  she  heard  tnD  groans  or  shrieks  (wliicii 
'  of  the  two  words  she  usM^  he  the  said  Wil* 
'  liam  Glasbrooke  is  not  certain) ;  of  this  he  the 

*  said  William  Glasbrooke  is  ready  to  make 
<oath. 

<  This  is  subscribed    Wm.  Glasbrooke, 

Margaret  SMrni.' 

Alt.  Gen.  He  carried  his  stuff  about  kin, 
it  seems,  whereyer  he  went. 

X.  C-X  It  is  stuff  indeed.  Good  God,  what 
an  age  do  we  liye  in  ! 

Att.  Gen.  It  is  not  taken  upon  oatii  before 
any  magistrate,  but  cooked  up  to  aosiise  the 
country,  as  if  they  were  foimsl  Informations. 
Here  is  another  letter,  Mr.  Beech,  was  this 
letter  ibund  abont  him  ? 

'Mr.  Beech.  Yes,  this  letter  was  found  about 
him.  ) 

Att.  Gen.  It  is  from  one  Bnigis,  a  man  of' 
the  same  kidney. 

CL  f^Cr.  This  is  directed  for  Mr.  Compcn, 
at  the  Dolphin  at  Frome,  and  it  is  subscnbed 
Jeremiah  Buigis,  and  dated  Marib.  Oct.  21. 
*  Mr.  Cumpen  ; 

*•  My  kind  love  to  you.    These  are  to  desire 

*  you  to  call  to  mind,  that  1  was  in  Frome  the 
'  6th  of  July,  being  Friday,  where  I  heard  the 

*  report  that  the  earl  of  Essex  had  cui'his  own 
/  throat ;  I  would  desbe  you  to  inquire  into  it, 

*  to  know  who  first  reported  it,  and  give  this 
'  gentleman  the  truth  of  it  And  in  so  dcing 
'  you  will  oblige  me,  who  am  yoor  friend, 

*  JeREMUH  BURGiS.' 

Mr.  Beech.  Under  fkvour,  my  lord,  this 
letter  talks  of  a  report  thst  was  tne  13th  day, 
the  very  day  the  earl  of  Essex  murdered  him- 
self, I  went'directly  to  Frome  and  spake  with 
this  Cumpen,  and  netold  me,  he  did  not  qieak 
with  Buigis  nor  see  him,  nor  was  there  any 
such  report  before  the  Suiday  morning. 
From  thence  I  went  to  my  lord  Vr  eymooth's;, 
as  I  toldyou. 

Att.  Gen.  Mj  lord,  we  have  gone  tfaroqgli 
our  eridence  for  the  present  to  shew  bow  this 
man  has  endearoured  to  spread  this  matter  to 
the  scandal  of  the  government  We  shall  end 
here  at  present  to  see  how  be  has  impro>ed 
bis  confidence,  by  what  defence  he  vriH  make 
to  all  this  proof.    Af^erwards^iltlierebaocoR* 


1 163]         STATE  TRIALS,  C6  CifARiBS  JI.  l(}84.->r  a  Misdemeanor,        [nQG 


BiOD,  WB  shall  g^hre  an  account  of  the  earl's 
death,  how  he  murdered  himself.  And  for  that 
we  have  a  cloud  of  witnesses,  though  thisgen- 
tlenian  has  taken  upon  him  so  much  confidence 
as  to  cotitest  it. 

L.  C.  J.  That  would  be  verjr  fit,  Mr.  At- 
torney, because  they  Have  rai&ed  a  doubt  in 
some  people's  mind  about  it. 

Ait.  Gen.  I  thought  it  best  to  reserve  it  till 
miter  1  see  what  defence  he  will  make. 

X.  C.  J.  Take  your  time. 

Mr.  Walicp,  May  it  please  your  lordship, 
And  you  gentlemen  of  the  jury,  1  am'  of  coun- 
sel for  Mr.  Braddon  and  Mr.  Speke,  the  de- 
fendants here.  You  see  what  the  issue  is 
before  vou,  Mr.  S^eke  and  Mr.  Braddon,  they 
are  in  the  Information  chai^fed,  That  they  did 
oonspu^  together  to  make  the  people  believe, 
That  wheretfe  the  earl  of  Essex  murdered  him- 
self, and  so  it  was  found  by  the  inquisition, 
yet  they  would  have  the  people  believe,  that 
that  inquisition  was  taken  unduly,  and  that 
thev  did  conspire  to  procure  false  witnesses  io 
make  these  things  out.  Now,  gentlemen,  the 
only  point  that  you  are  to  enquire  of,  is  this. 
Whether  these  two  gentlemen  did  maliciously, 
fiu^oufclv,  and  seditiously  set  these  thincfs  on 
foot.  Tnis  repprt  that  the  earl  was  murdered, 
or  whether  there  were  such  intimations  offered 
to  them  accidentally  and  casually,  without 
officiousnesss,  'or  any  of  their  own  seeking  that 
mkrht  induce  a  good  man,  or  a  wise  man  to 
follow   the   business  upon  such  information 

fivep.  For  our  parts  that  are  for  the  defen- 
ants,  we  say  this  for  our  clients,  we  are  not 
so  much  to  make  any  men  guilty  of  this  mur- 
der, that  is  not  our  business,  but  to  prove  our 
own  innocency  and  fair  deaKng  in  this  matter. 
Now,  gentlemen,  if  these  two  persons  had  no 
indocement  to  lead  them  on  to  this,  but  did  it  of 
their  own  heads,  that  is  criminal  in  them ;  but 
if  they  had  that  which  might  indncea  wise  and 
good  man,  though  they  were  much  mistaken, 
yet  they  are^not  to  be  found  guilty  of  this 
ofiitlce  that  is  cliarge<l  on  them.  I  shall  leavo 
it,  gentleman,  to  you,  who  I  question  not  have 
ofasorved  the  evidence  that  has  been  given,  and 
whose  proper  work  it  is  to  make  your  judg- 
ment upon  it.  But  in  our  defence,  the  stens 
we  gu  are  these,  and  we  desire  you  would 
please  to  observe  them.  First,  we  say.  That 
the  report  of  this  piurdcr  was  the  day  beibfe, 
two  or  three  days  before,  and  that  very  day, 
•o  many  miles  distant  from  ^London,  that  hear- 
ing of  such  a  report,  we  might  very  easily  be 
induced  to  make  some  inquiry,  after  it ;  and  of 
this  four  instances  we  shall  give  in  the  course 
of  our  evidence,  that  this  was  a  great  many 
miles' off  London  talked  of  at  the  day,  and  im- 
mediately af^er  the  day,  before  the  news  could 
reach  those  pUces,  after  the  fact  committed. 
Then  we  shall  proceed  to  those  passages  oon- 
oening  the  boy,  and  produce  evidence  to  set 
forth  the  true  state  or  that  matter.  That  this 
boy,  as  he  says  himsctt',  did  teU  the  family 
this  story,  that  very  day  that  my  lord  musder- 
«d  bimsdf,   imm^iiately   upon  his  coming 


home.    N6w  this  original  story  is  impossible 
to  be  contrived  by  Mr.  Braddon,  be  it  true* or 
be  it  false.    Then  Mr.  Braddon  coming  into 
Essex,  to  Mr.  Evans's  house  at  Wansted,  there, 
what  was  said  by  the  boy  was  spoken  of.  Then 
Mr.  Braddon  finding  this  information  of  the. 
boy  which  he   had  given  merely  of  himself 
and  which  contradicted  the  inquisition,  and 
put  him  upon  this  inquiry.     Now  how  fiur  this 
intimation  has  weight,  and  may  be  an  induce-/ 
ment  to  a  good  and  wise  man,  as  1  say,  that 
we  must  leave  to  you.    But  besides  that,  there 
is  a  g^l,  a  stranger  to  the  boy,  that  at  the  same 
time,  upon  the  matter,  and  to  this  same  e£foot 
and- substance,  deliveied  such  an  evidenoe,  as 
might  very  well  serve  to  confirm  us  in  our  in- 
<iairy,  and  this  is  the  course  of  oar  evidence, 
in  the, substance  or  it.  •  And  vre  shall  apply 
ourselves  to  your  lordship  and  the  jury  aner- 
the  evidence  given,  and  make  our  observations 
upon  it,  and  submit  it  to  yon,  gentlemen. 

Mr.  Williams.  Will  your  lordship  please  to 
spare  me  one  word,  that  is  an  objection  that  we 
would  make  from  the  record  itself.  The  In- 
formation that  does  recite,  That  the  earl  of 
Essex  was  imprisoned  in  the  Tower,  and  during 
his  imprisonment  there  cut  his  own  throat,  and 
became  Felo  de  se.  And  that  there  was  an 
inquisition  taken  before  snch  an  one,  befbre 
Edward  Famham,  coroner  of  the  liberty  of  ^ 
Tower:  My  lord,  I  was  not  here  when  the 
inqm'sition  was  r^,  if  I  had  I  should  have 
made  the  objection  then,  bat  this  is  that  I  say, 
if  we  can  falsify  that  part  of  the  reccHrd,  if  there 
be  a  tnistake  tnere,  that  is«  if  Famham  was 
not  coroner,  then  they  fail  in  their  proof,  and 
we  must  be  found  Not  Guilty,  for  so  it  is  in 
the  Information. 

L.  C.  J.  It  is  said  to  be  before  him  as  coro* 
ner  of  the  liberty. 

Mr.  WilUami.  Yes,  my  lord,  they  recite  that 
he  is  coroner,  and  that  the  inquisition  was  taken 
before  him  as  coroner,  and  Mr.  Braddon  know- 
ing of  it,  did  thus  and  thus. 

L.  C.  J.  Why,  is  he  not  corqner  ? 

Mr.  Williams.  My  lord,  I  desire  the  Inqni- 
sitionmay  be  looked  into,  I  cannot  go  to  con- 
tradict the  inquisition,  but  my  instructions 
only  are  that  he  is  debuty  coroner,  and  if' 
it  be  so  they  are  mistaken  in  their  informa- 
tion. 

CI.  qfCr.  It  is  ^  Coram  Edvardo  Famham 
*■  Coronatore.' 

Mr.  Williams,  Then  we  cannot  help  it.  But 
there  are  these  things  that  we  say  to  it,  one 
part  of  the  informatioii  is.  That  we  should  go 
about  to  persuade  the  people,  that  this  infoi- 
sition  was  not  duly  taken ;  another  >  part  is. 
That  we  did  procure  false  witnesses  to  prove  it ; 
now  what  proof  is  offered  as  to  the'nmtter  of 
persoading  the  people,  I  must  submit  to  you, 
whether  it  be  such  as  comes  up  to  the  charge 
in  the  infbrmation.  There  is  some  kibd  of 
proof,  but  what  it  is,  you  rise.  Then  for  the 
other  matter,  which  is  the  procuring  of  false 
witnesses,  that,  under  favour,  1  think  I  may 
affirm,  that  there  is  no  proof  at  all  of|  that 


1167]  STATE  TRIALS,  36  Charles  II.  l6B4,.^TrialofBradionmu[Spdu,  [ll6s 


Af r«  Braddon  or  Mr.  Speke  did  procure  fake 
witnesses.  GeotiemeD,  we  sliall  endeavour  to 
acquif  ourselves  of  all,  if  we  cannot  of  all,  yet 
gf  part,  especially  that  part  ^vhicb  seems  to  be 
the  most  crimiDaJ.  And  I  must  Dee<is  say,  I 
have  not  heard  any  proof  of  prricuring  laJse 
witnesses,  by  either  of  the  defieudants.  Then 
tlMre  is  a  tlurd  thing  charged,  and  indeed  in 
the  evidence  there  is  something  that  looks 
towards  it.  That  he  should  go  about  by  papers, 
and  otherivise  to  publish  it,  that  he  was  a  per- 
son employed  to  prosecute  the  Murder  ot  the 
earl  of  Essex.  Now  as  to  this  matter,  all  I 
shall  say  for  Mr.  Braddon  is  this.  If  he  have 
done  something  more,  it  may  be  by  a  trans- 
port of  zeal,  than  became  him,  that  must  be 
submitted  how  far  it  is  crirainid.  If  he  did 
what  did  not  become  a  mighty  wise  and  dis- 
creet man;  yet  if  he  did  what  became  a  ra- 
tional man  of  ordinary  capacity  to  do,  if  he  had 
this  information,  and  so  many  other  informa- 
tions, and  he  did  search  innocently  a  little  into 
it,  if  he  did  not  do  it  seditiously  and  factiously 
with  an  ill  mind,  we  hope  there  is  no  such  great 
harm  done.  And  indeed,  gentlemen,  his  mind 
is  to  be  tried  in  this  matter.  And  it  is  an  hard 
matter  to  try  a  man's  mind,  guo  animoj  a  man 
did  such  an  action ;  that  he  did  if  there  is  9ome 
sort  of  evidence,  but  if  he  did  it  not  out  of  an  ill 
principle,  and  with  an  evil  intention,  then, 
under  favour,  we  take  it  he  is  not  guihy  of  this 
Infonmation.  And  we  shall  endeavour  to  make 
it  out  thus.  This  gentleman  hearing  of  this 
report  of  the  boy,  makes  his  application  first  to 
sir  Henry  Capell,  who  was  a  person  well 
known,  to  be  nearly  related  to  this  unfortunate 
lord,  the  earl  of  Essax,  and  he  tells  him  what 
itttbrmation  he  had  received.  -  Sir  Henry  Ca- 
pell puts  him  into  an  excellent  course,  and 
desires  him  to  go  and  inform  the  secretary  of 
state,  and  he  did  so,  and  if  he  had  gone  only 
this  way,  all  that  he  had  done  had  been  inno-. 
c^t.  Then  the  matter  is  only  this ;  He  has 
gone  a  little  but  of  the  way,  and  ha^  taken 
some  informations  and  examinations  in  writing: 
Why,  though  he  has  gone  a  step  or  two  awry, 
yet  tf  it  was  with  a  design  to  prepare  the  matter 
the  better  for  the  secretary,  by  laying  these  pa- 
pers before  him,  we  hope  there  is  no  crime ;  if  we 
did  it  not  aeditiousiy,  but  only  with  an  inten- 
tion. That  Mr.  Secretary  might  receive  a  more 
dear  and  full  inibtination ;  fhopfe  the  jury  will 
acquit  us. 

L,  C.  J,  You  say  well.    Come,  prove  your 
matter.  .'..<- 

Mr.  llumpsQn.    Call  Mr.  Fielder,,  and  Mrs. 
Mewz,  and  Mr.  (jawes. 

Lewes  appeared. 

Crier,  Lay  yonr  hand  on  the  book. 

Laoes.  My  lord,  1  desire  my  chaxgey  may 'be 
paid,  before  1  swear. 

L.  C.  J.  Pr'ythee,'  what  have  I  to  do  with 
thy  charges  ?  I  won't  make  bargains  between 
you.  if  you  have  any  evidence  to  give,  and 
will  give  it,  do ;  if  not  let  it  alone. 
.  .iJwu,  My  lord,  I  shall  not  give  any  evi- 
d«B«a  tUi  I  faaT^my  charges. 


Ir.  C.  J,  Braddon,  If  you  will  ^ave  your 
witnesses  swear,  you  must  pay  the&a  their 
charges. 

M  r.  Braddon.  My  lord,  I  nun  ready  to  pay 
it, ,  I  never  refused  it  ^  but  what  abatl  1  ghe 
himT 

X.  C<  /.  Nay,  t  am  not  to  make  baigains  be- 
tween you,  agree  as  you  can. 

Mr.  Thompwn,  My  lord,  we  are  willing  to 
do  what  is  reasonable.  You,  Lewes,  IfVhat 
do  you  demand  ? 

Lewes,  He  can't  flive  me  less  than  6^.  a  day. 

L,  C.  J.  Why,  Hnere  dost  thou  live? 

Lewes.  At  Marlboroagh. 

L,  C.  J.  Why,  canst  thou  earn  6s.  a  day  by 
thy  own  labour  at  Marlborough  ? 

Lewes.  My  lord,  I  am  at  40<.  or  3/.  a  week 
charge  with  my  family  and  sertanls. 

L.  C,  J.  What  trade  art  thou? 

Lewes,  A  stapler. 

L,  C,  J,  And  doM  your  trade  stand  sdtt 
while  you  are  in  town  ? 

Lewes.   Yes,  to  be  sure  it  can't  go  well  on. 

L.  C,  J.  Well,  I  say  that  for  you,  yoa  va- 
lue your  labour  high  enough,  I  know  not  what 
your  evidence  may  be;  but,  Mr.  Braddon, 
you  must  pay  your  witness,  if  you  wiU  have 
him. 

Mr.  Braddon.  I  will,  my  lord,  very  readily. 
What  will  you  have?  I  have  paid  yoa  some- 
thing already. 

Lewes.  Give  me  20«.  more  then.  You  cuCX 
give  me  less. 

Then  Mr.  Braddon  paid  him  2(to.,  and  ke 
was  sworn. 

L.  C.  J.  Welf ,  what  do  yoa  ask  him,  Mr. 
Thompson  ? 

Mr.  Thon^son.  We  ask  him,  Whaftrepoit 
he  heard  of  the  earl  of  Essex's  death,  and 
when  ? 

L,  C,  J,  What  is  your  name,  friend  ? 

LeweSi  Lewes. 

L,  C.  J.   Well,  what  is  it  you  say? 
,  Lewes,   My  lord,  as  1  was  tiding  np  Has« 
band,  within  3  or  4  miles  of  Andover^ 

Mr.  Walhp,  How  many  miles  is  that  off  cC 
London? — Lewes.  Fifty- two. 
»  Mr.  Wallop.  Well,  goon. 

Lewes,  Between  the  hours  of  3  and  5,  hot 
it  is  so  long  ago  that  1  cannot  exactly  tell  the 
certain  time ;  a  man  asked  me  what  newa  I 


heard  in  the  country,  I  told  him,  1  heard 
SajTs  he,  I  hear  the. earl  of  Essex  has  cut  bis 
throat:  It  was  upon  a  Friday  in  the  Bamnier« 
i  foi^et  the  day  pf  the  month,  I  canH  teU  what 
mon&  it  was<certainly. 

Mr.  Thompson,  What  day  of  the  wttk.  was 
it?      . 

Lewes,   I  remember  it  was  upon  a  Friday. 

Mr.  Thompson,  Can't  you  tell  what  month  it 
was? 

Lewes,  I  can't  tell  what  month  it  was,  it  was 
in  the  summer  I  know. 

Mr.  Braddon,    My  lord,  I  desire  to  ask  him 
a  ^estioo. 

L,  C.  /.  Do.  if  yoa  will :  Aik  him  what  to* 
wiU.  .  9 


1 169)        SST ATE  TRIALS,  35  CiTAftlfiS  It  1004*-^^  jTMbworiwr.        ft  1 76 


Sraddon.  Did  not  yon  ^  to  IMhrlborough  on 
Tin  Sfttnrdft y  ? 

Lewes,  I  did  |ro  to  Maribonmgh  ttie  next  day, 
wliichw&g  S^tnniay. 

Braddan.  I  desire  to  know  of  him,  whetlier 
he  did  meet  with  the  news  ot  it  there  then? 

Lewes,  My  lord,  as  to  that,  ilthen  1  came 
home,  my  neighbours  asked  me  if  I  had  heard 
any  news  ?  I  told  them,  sayv  I,  I  hear  the  earl 
of  Essex  hath  cut  his  throat.  Why  when  did 
jcRi  hear  it,  say  they  ?  I  heard  it  yesterday, 
said  I.  Said  they,  it  was  done  but  yesterday^ 
how  could  you'  hear  it  so  soon?  That  is 
StU  I'  have  to  say,  my  lord. 

Bfr.  Witiiamt.  By  the  best  conjecture  you 
can  make,  was  it  that  very  day  the  earl  of 
£s8ex  cut  his  throat  ? 

Lewes.  I  do  not  know  that  .ever*  any  such 
man  cut  his  throat,  but  this  I  heard,  and  I  tell 
you  the  time  as  well  as  I  can. 

Mr.  Williams,  Then  pray  let  as  have  our 
money  a^n. 

L,  V.  7.  Thou  art  well  paid,  I  will  say  that 
fi>r  thee. 

Mr.  Williams.  Where  ia  Mr.  Fielder?  Swear 
him.  [Which  was  done.l  PMiy,  Sir,  what 
did  yon  hear,  and  when,  of  the  earl  of  Essex's 

Mr.  Fielder.  The  Wednesday  and  the  Thurs- 
day of  the  same  week  tbst  the  earl  of  Esse^ 
cut  his  throat,  it  was  reported  in  our  town  of 
AndoFer,  that'he'had  so  done.  The  women,  as 
they  came  in  and  out  of  the  town,  talked  of  it 
te  one  another. 

L,  C,  J.  What  was  talked  of  that  Wednes- 
dayand  Thursday ?    • 

'Fielder,.ThBt  my  lord  of  Essex  cut  his 
throat  in  the  Tower. 

Just.  Withins.  What  before  he  had  cut  his 
fliroat  ?— JVeWer.  Yes. 

Just.  Withins.  That  is  very  Strang  indeed. 

X.  C.  J.  Lord,  what  a  story  is  here ! 

Mr.  Williams.  My  lord,  if  you  please,  I 
will  tell  you  what  use  we  would  make  of  it— «— 

L,  C.  J.  I  know  what  use  you  would  make 
of  it,  the  use  is  just  the  same,  as  yon  make  use 
of  all  sorts  of  ridiculous  and  shammmg  stories; 
to  set  us  together  by  the  ears,  and  rake  into  all 
die  dunghrlls  that  can  be,  to  pick  up  matter  to 
put  us  into  confusion.  C 

Mr.  Williams.  •  But,  my  lord,  if  there  was 
such  a  report  so  long  before 

£.  C.  J.  Mr.  Wilfiams,  you  were  hertJ  in 
town  at  that  time,  I  am  sure. 

Mr.  Williams.  My  lord,  I  heard  it  at  11 
o'clock  that  day,  that  is  the  soonest  1  heard  it. 

L.  C.  J.  What  an  age  do  we  live  in !  What 
stuff  is  here  picked  up,  on  purpose  to  kindle 
the  tire,  and  set  us  all  into  a  flanVe ! 

Att'.  Gen.  What  day  of  the  month  was  it, 
Fielder,  upon  your  oath  f 

Fielder.  I  did  not  mind  the  day  of  the 
month,  I  can't  tdl  that. 

Sol.  Gen.  How  do  you  know  it  was  that 
y¥eek  ? 

-*    Fielder,  Because  art  the  6ktarday  night 
that  week,  we  had  the  certain  news  of  it. 

VOL.  IX. 


Sol,  Oen,  Yon  say  somebody  tokl  you  then  ' 
of  it  on  Saturday  ^ 

Fielder,  Yes,  on  Satut^y  we  h)id  certain 
news  of  it. 

Sol.  Gen.  Who  gave  yon  thfe  certain  Intel* 
\igeate?-^Fielder.  9ome  clothiers. 

Mr.  Williams.  Was  Oadbury  your  country- 
man? 

L.  C.  J.  Ay,  pr'ylhee  ask  him  that;  whether 
€fadbury  tohfit  him,  or  Erra  Pater,  if  you  will; 
'  Att.  Gen.  From  what  market  people  was  it 
reported  ?^  Fielder.  Sortie  women. 

Att.  Gen.  It  was  only  women's  stories  ihen? 

Fielder.  Yes,  they  talked  of  it  among  them- 
selves. . 

All.  Gen,  Was  it  the  fbrenoon  or  the  after-  . 
noon  ? 

Fielder.  The  Wednesday  and  Thursday 
both,  it  was  the  common  talk  of  the  town  all 
day  long. 

Just.  Withins.  Name  one  that  spake  it  to 
you. 

Att.  Gen.  Ay,  name  one  of  any  credit  if  yon 
can. 

Fielder.  I  cannot,  it  was  the  women  as  they . 
came  iil  and  out  of  my  shop,  and  as  they  wtot 
up  and  down  the  town. 

Mr.  Wallop.  My  lord,  wc  leave  it  with  your 
lordship  and  the  jary.  He  swears  he  then, 
heard  such  a  report. 

Just.  Withins.  Do  you  believe  this;  Mr, 
Wallop,  yourself?  You  are  a  man  of  iogenni- 
ty,  I  appeal  to  you. 

Mr.  Wallop.  1  believe  that  Mr.  Brftddoil  in 
his  prosecution  of  this  matter  went  upon  the 
ground  of  this  report,  for  be  bad  heard  the  like 
evidence  was  given  in  my  lord  Stafford's  trial, 
about  the  news  of  sir  Edmxmdbury  Godfrey's 
being  killed,  before  it  was  known  here  wha^ 
was  become  of  him,  and  that  perhaps  misled 
him,  if  he  be  misled. 

Just.  Withins.  D5  yon  believethat  this  nlan 
can  speak  truth,  when  he  says  it  was  reported  all* 
about  their  town,  for  two  days  before  it  was 
done,  and  yet  cannot  name  one  person  that 
spake  it? 

Fielder.  I  keep  a  public  shop,  and  do  not 
take  notice  of  every  one  that  comes  in  and  out,- 
to  remember  particularly. 

Just.  Withins,  Yoh  heard  it  up  and  down  the 
town  you  say,  surely  you  might  remember 

somebody* 

Mr.  Wallop.  He  might  hear  it,  and  not  tak^ 
notice  of  one,  but  it  was  the  common  fame  at 
Andbver. 

Mr.  Williams,  Let  it  go  as  it  wilt.  Your 
lordship  and  the  jury  hear  what  he  s^ya-; — 

X.  C.  J,  But,  under  favour,  3Ir.  *  Williams; 
it  ought  not  to  pass  so  easily;  it  is  a  contrivance 
to  deceive  the  king's  subjects,  and  shews  a  de* 
sign  to  pick  Up  evidence  to  deeeive  the  un-  ' 
wary,  and  fill  their  heads  with  fears  and  jea* 
lousies  of  I  know  not  what. 

Mr.  Wallop.  My  lord,  I  would  excuse  my 
client  from  malice  as  well  as  ever  I  can,  and 
therefore  we  produce  these  witnesses,  to  shew 
what  grounds  he  had  for  wliat  he  did. 
4F 


117 k]  STATE  TRIAIA  3^  Chablbs  II.  l684.^7rM  o^  BradixmenASptke,  l\\J9 


]^r.  JftUianu,  We  will  next  call  some  wo- 
men that  live  near  the  Tower,  that  voiffhi  give 
Jum  some  occasion  for  his  conoerningliiaiself, 
.  in  this  business,  Jane  Lodeman,  and  Maigaret 
Smith.  This  voice  and  ramoor  in  the  coim^ 
try,  ma^ehim  go  into  the  country,  but  it  shews 
be  was  no  contriver  of  the  report. 

At  I,  Gen.  I  would  fain  know  of  Fielder, 
when  he  told  Mr.  Braddon  of  this  ? 

Braddon,  My  lord,  I  desire  the  fiunily  of 
the'^£d wards  may  be  called. 

L.  C.  J,  Name  them.  Who  are  they  P  How 
can  we  tell^who  your  witnesses  are  ? 

Braddon.  Crier  call  them,  Mrs.  Edwards 
and  her  daus^bter.  Will  your  lordship  give  me 
leave  to  make  my  own  defence  ? 

L.  C.  J.  Ay,  if  you  will,  but  then  take  no-/ 
tice  your  counsel  are  discharged  from  making 
any  defence  ibr  you. 

Braddon.  May  it  please  your  lordship,  and 
yoagentlemen  of  the  jury.  These  were  tJie  in- 
ducements following,  that  put  me  upon  engag- 
ing in  this  matter 

Att.  Gen.  Call  your  witness^  first,  and  then 
vpeak.    , 

Braddon.  Mr.  Edwards,  and  Mrs.  Edwards. 
£Who  came  into  court.} 
.  Just  Withins.  Pray,  Mr.  Braddon,  answer 
me  this  one  question.  What  was  the  matter 
that  encouraged  you  to  proceeil  afler  you 
knew  the  boy  had  denied  it,  and  said  it  was  all 
a  lie. 

Braddon.  I  wai  bound  to  answer  to  an  In- 
formation after  I  had  been  examined  at  the 
council ;  I  had  not  otherwise  stin-ed  in  it 
Ajj^ain. 

L.  C.J.  Well,  What  do  you  ask  Edwards? 

Braddon.  What  day  was  the  first  day  I  saw 
you,  and  had  discourse  with  you,  and  what  was 
the  discourse  1  had  with  you  ? 

Edwhrds.  It  was  the  17th  of  July. 
,  Braddon.  What  d;d  you  tell  me  then  that 
your  boy  reported  ? 

Edwards.  1  told  you  what  I  acquainted  the 
court  withal  before,  that  the  boy  had  brought 
home  such  a  report. 

Braddon.  Had  the  boy  ever  denied  it  before 
I  saw  you? 

Edwards.  That  day  yon  came  to  speak  with 
pie  about  it,  as  I  was  informed  by  my  wife  and 
my  daughter,  the  boy  did  deny  it. 

Braddon.  Was  it  before  I  came,  or  after  I 
gpame  that  he  denied  it  ? 

Edwards.  It  was  after  you  came. 

Braddon.  What  were  the  indi!icements  that 
made  him  to  deny  it? 

Zr.  C.  J.  He  tells  you  himself  because  it 
'  was  false. 

Braddon.  I  desire.lhe  elder  sister  Sarah  Ed- 
Wards  may  be  called. 

3Ir.  WaUop.  It  is  apparent  the  boy  did  affirm 
it 

X.  C.  J.  I  thought  BIr.  Braddon  would  have 
made  bis  defence  himself,  Mr.  Wallop,  but  you 
will  be  breakiDg  in  upon  him  with  your  re- 
marks. Make  your  r^madu  ;by  and  by,  this 
IB  a  time  for  evidence. 


Mr.  WaUop.  t/Lj  kml,  I  only  ny  this,  it  is 
apparent  Uie  twy  did  first  afiirm  it,  and  we  ^~" 
shew  how  he  came  to  dei^y  it. 

L.  C.  J.  It  is  not  proper  for  joa  to 
remarks,  when  you  are  examining  your  wit- 
nesses ;  but  when  you  sum  up,  yon  ma^  take 
what  notes  you  will,  and  reserve  them  till  that 
time,  but  do  not  break  in  upon  the  evidence. 

Crier.  Here  is  Sarah  Edwards  now.  ^Wha^ 
was  sworn.] 

An.  Gen.  This  is  not  the  sister,  this  ia  the 
mother  of  the  boy. 

L.  C.  /.  WeU  what  do  you  ask  her? 

Braddon.  What  discourse  had  yon  witk 
your  boy  about  ten  o'clock  that  Friday  mora- 
ing  I  met  you  ? 

Mrs.  Eawards.  I  had  no  discourse,  but  what 
my  child  told  me. 

Braddon.  What  did  your  child  tell  you? 

Mrs.  Edwards.  I  gave  an  account  to  my 
lord-keeper,  he  had  it  in  writing,  I  gave  bun 
an  account  in  writing. 

'  Braddon.  But  y od  are  now  called  upon  your 
oath,  and  are  to  speak  the  truth,  and  must  give 
an  account*  to  bis  lordship  and  the  jury  upoa 
your  oath,  what  it  was  the  boy  told  you  ? 

Mrs.  Edwards.  What  was  it.  Sir,  he  came  and 
told  me?  Why,  t6e  boy  told  me,  Bf other,  says 
he,  I  have  been  at  the  Tow^ ,  and  seen  thekine's 
mayesty,  and  his  royal  highness,  and  says  be, 
the  earl  of  Essex  has  cut  his  throat ;  and  Lord, 
Mother,  says  he,  and  wept.  .  Lord,  child,  said 
I,  I  am  afiraid  you  are  going  to  make  some  ex- 
cuse to  me  that  I  should  not  beat  you,  being 
YOU  have  played  truant ;  no,  mother,  says  be^ 
J  did  not.  He  continued  in  this  for  a  little 
while,  and  then  afterwards  did  deny  it. 

Braddon.  What  did  he  deny  ? 

Mrs.  EdwHrdg.  What  he  had  said  to  me. 

Braddon.  Did  he  deny  that  be  had  been  at 
the  Tower?  Or  that  the  earl  of  Essex  hadcot 
his  throat  ? 

Mrs.  Edwards*  No,  he  denied,  what  he  nid 
he  saw. 

Braddon.  What  was  that  ? 

Mi's.  Edwards.  He  said,  he  saw  an  hand  oat 
of  a  window,  and  a  razor  fell  down,  and  he 
went  to  take  it  up,  and  there  came  out  a  vro- 
man,  or  a  maid,  a  short  fat  woman  came  oiit» 
and  took  it  up,  and  went  in  again. 

Mr.  Waliop.  And  he  said  this  crying  and 
weeping  vou  say  ? 

Mrs.  Edwards.  Yes,  he  did  so. 

Braddon.  Did  he  deny  it  before  such  time  as 
I  had  been  there  ? 

Mrs.  Edwards.  No,  you  was  once  at  my 
house  before,  and  spake  to  my  husband,  and 
then  you  came  the  same  day  again. 

Braddon i  Pray  what  was  the  discourse  your 
eldest  daughter  nad  with  the  boy  between  the 
time  of  my  first  coming,  and  the  time  of  my 
second  coming  ? 

L.  C.  J.  "Tis  impossible  for  her  to  answer 
any  such  question,  what  discourse  two  other 
people  had. 

Att.  Gtn,  firing  the  daughter  herself,  and 
let  her  tell* 


ll/S]         STATE  TRIALS.  S6  Chamb^  If.  j€s4.^f4ft  a  MUitmean&r.       [1174 


-  JL  C.  J,  Hark  ymi,  Mrs.  Edwards,  before 
^ou  go.  The  boy  denied  it,  it  seems,  in  two 
or  three  days  after  he  had  ^Ten  out  sudi  a  re- 
ports" 

Mrs.  Edmnrd$,  Yes,  my  lord,  be  did. 

L.  C.  J.  How  came  he  to<deny  it? 

Mrs.  Edwards.  I  will  tell  you  how.  When 
this  gentleman  came  and  a<^uainted  my  bus- 
band  with  his  business,  it  put  us  all  into  a  great 
damp;  and  my  husband  said.  Now -both  my. 
boys  were  gene  to  school,  and  says  he,  after 
the  sentleman  was  gone,  to  my  daughter 
Sarah,  Do  not  you  say  any  tbin^  to  your  bro- 
ther when  he  comes  in,  but  let  him  alone,  and 
we  will  talk  to  him.  Ho  with  tliat  she  was 
grieyously  affrighted,  and  so  amazed^  that  as 
flpon  as  he  came  in,  she  said^  Prythee,  Billy, 
deal  truly,  and  do  not  you  tell  any  lie  to  save 
your  breech,  for  here  has  been  a  gentleman 
to  enquire  something  aboyit  what  you  said ; 
why,  sister,  says  he,  will  any  thing  of  harm 
come  ?  Truly,  child,  says  she,  I  do  not  know ; 
ud  upon  that  be  did  deny  it. 

X.  C.  /.  Did  you  tell  Mr.  Braddon,  be  had 
deniedk? 

Mrs.  Bdmardi.  He  was  told  he  had  denied  it. 

jL.  €.  J.  Did  you  tdl  Mr.  Braddon,  before 
the  pAper  was  signed,  that  he  did  deny  itP 

am,  Edwards.  Yes,  my  lord,  he  knew  that 
before  the  paper  was  signed. 

Braddnn.  Mrs.  Edwards,  did  not  the  bov 
come  to  you,  and  cry  out,  he  should  be  bang'd, 
and  then  did  deny  it  ? 

Mrs.  Edwards.  Yes,  that  he  did. 

Braddon.  From  whence  did  he  come,  that 
he  was  in  such  a  fright  ? 

Mrs.  Edwards.  I  can't  tell  that.  Sir. 

Braddon.  Did  not  your  eldest  daughter  chide 
him  and  threaten  him  ?  , 

Mrs.  Edwards.  Yes,  she  did  bid  him  speak 
the  truth. 

Att.  Gen.  And  then  he  denied  it? 

Mrs.  Edwards.  Yes. 

ii.  C.  J.  Av,  savs  she  tfo  him,  Billy,  do  not, 
to  save  thy  breecby  tell  a  lie,  but  speak  the 
truth ;  why  then,  says  he,  the  truth  of  it  is, 
there  was  no  such  thine. 

Braddon.  My  lord,  she  says  it  was  after  his 
sister  bad -chid  and  threatened  him. 

&t^.  Gen.  You  are  a  little  too  6eroe  upon  the 
woman,  Mr.  Braddon,  you  do  not  observe  what 
she -says. 

L.  C.  J.  Yes,  he  is  wonderful  zealous,  flou- 
rishing his  hands— 

Sol.  Gen.  She  says,  the  daughter  did  tell  the 
flon  that  he  must  spieidE  the  truth,  and  not  tell  a 
lye  to  save  his  breech,  for  there  had  been  a 
ffeotleman  I6  inquire  about  it ;  Why,  says  the 
boy,  will  there  come  any  harm  of  itf  1  don't 
know^  says  liis  sister ;  Why  then,  sa^s  be,  I 
tellyou  .the  truth,  there  was  no  such  thing.    " 

a  C.  J.  Ay,  %f  hen  she  engaged  bim  to  tell 
the  truth,  and  not  leli  a  lye  to  save  bis  breech, 
then  the  truth  comes  out. 

Braddon.  Pray  'call  Sarah  Edwards  the 
dauffhter.  My  lord,  they  told  me  in  the  house 
thai  she  bad  frighted  him  into  a. denial. 


L.  C.  J.  Pray,  good  l%r,  how  came  ytm  tm 
be  a  justice  of  peace,  and  to  turn  examiner  T 
Yon  live  in  the  Temple,  or  bdon^  to  the  Tern  • 
pie,  how  come  you  to  take  exammatiotts  here 
m  London,  but  that  some  people  are  so  very 
zealous  and  officious  in  matters  that  concern 
them  not,  oo  purpose  td  raise  a  dust? 

Then  Sarah  Edwards  the  youngs  was  sworn. 

Braddon.  Did  not  your  brother  deny  whaf 
he  had  said  by  your  means  ? 

L.  C.  J.  Pray,  ask  a  ^r  question. 

Braddon.  Mistress,  pray  tell  your  know- 
ledge of  what  the  boy  declared  ? 

L.  C.  J.  Ay,  ay,  tell  what  you  know,  what 
your  brother  said  concerning  bis  seeing  a  razor, 
and  his  denying  of  it  afterwards.  Tel  all  from 
the  beginning  to  the  end,  and  tdl  truthin  God's 
name,  and  nothing  but  the  truth.  We  desire 
the  truth  may  come  out,  let  it  be  of  which  side 
it  will. 

Sarah  Edwards.  My  brother  came  liome, 
and  said  he  had  been  at  the  Tower,  and  that 
he  had  seen  bis  majesty  and  his  royal-highness, 
and  the  earl  of  Essex  had  cut  his  thniat,  and 
that  he  saw  an  hand  fling  a  razor  out -of  a  win- 
dow, and  that  a  maid,  or  a  woman,  came  out 
and  took  it  up,  and  went  in  agaiiT,  and  pre<- 
sently  after  he  heard  a  noise  of  muider  cned^ 
so  I  knowing  he  was  very  apt  to  tell  lies,  I  did 
not  believe  it. 

Braddon,  Pray,  mistress,  did  you  prevail 
with  him  to  deny  it  afterwards  f 

L.  C.  J.  You  are  so  wonderful  ftill  of  zeal 
and  heat  in  this  matter,  you  cannot  let  yonr 
own  witnesses  tell  their  own  story,  but  ydm 
must  interrupt  them.  You  have  bete  bred  to 
the  law,  and  you  have  been  before  here  present^ 
I  suppose,  at  many  tiials,  and  what  pretenen 
can  yen  have  to  be  naore  indulged  in  an  eztnb- 
ordinary  way  of  proceeding  than  others  ?  It  is 
not  for  the  integrity  of  your  conversation,  I  am 
sure,  that  you  ought  to  have  it,  hot  only  be^ 
cause  you  nave  more  impudence.  * 

Braddon.  My  lord,  I  have  nothing  of  confi- 
dence, but  what  is  grounded  upon  innocence.  * 

L.  C.  J.  I  tell  you,  you^  are  too  confident, 
and  pray  know  where  you  are,  and  behave 
yourseli  as  you  ought. 

Braddon.  My  lord,  I  hope  I  donootl^erwise. 

L.  C.  J.  We  must  give  such  liberty  and  to- 
leration because  of  the  extravacfanoe  of  bis  ooih- 
fidence,  as  to  let  him  break  m  upon  all  rules 
and  methods.  When  you  behave  yourself  ab 
you  ought  to  do,  the  court  will  indulge  you, 
and  give  you  all  just  liberty ;  hv4  don't  *ea0- 
pect  for  your  zeal  sake,  and  the  flinging  of 
your  hands^to  do  what  you  list    Go  on,  msi- 


,» 


S.  Edwards.  So,  Sir,  this  Mr.  Braddon  cama 
on  Tuesday  foUowing,  about  one  or  two  of  the 
clock,  and  asked  for  my  father,  and  coming, 
my  sister  Mary  went  to.  the  door^  and  called 
my  father  out  to  him.  When  my  father  came 
to  him,  he  told  my  fadier  became  from  sir 
Henry  Capell,  and  the  countess  of  Essex,  to 
know  the  truth  of  my  brother's  repfsrt.  So  my 


1175]  STATE  TIUAL9;  s6ChamluU.  i6Bi.-^TTMcfBr04imitmiSfdsi,  [\m 


father  told  liim  the  boy  bad  mortad  such  a 
thine,  hat  he  would  not  Mert  ite  truth  of  it^ 
lor  be  bad  been  iDfanned  by  urtbat  the  hoy 
was  apt  to  tell  lies  to  excoaehiB  plajrin^  tm- 
aot;  flo  the  child  was  §pODe  to  school  when  Mr. 
BraddoD  came,  and  when  he  eame  home  fVom 
school  th^  went  to  the  child ;  said  I,  Billy, 
will  yoa  be  sure  to  tell  ijoe  the  truth  of  this  re- 
port ;  why  sister,  said  be,  will  any  harm'  come 
of  it?  ^iay,  said  I,  i  do  not  know,  for  there 
has  been  a  ^^ntleman  to  enqaire  about  it.  80 
then  the  cmld  denied  it. 

L.  C.  J.  Did  he  know  this  before  he  made 
the  boy  sign  the  paper  ? 

8,  Edmarck. .  Yes.  This  was  on  the  Tues- 
day ailer  Mr.  Braddon  had  been  first  there. 
And  I  spake  to  him,  said  I,  Klly,  say  noting* 
but  the  troth,  be  sure,  and  don't  tell  a  lie  to 
save  your  breech.  So,  Sir,  as  soon  as  ever  the 
child  denied  it,  ftlr.  Braddon  came  in  again  the 
same  day,  and  coroing  in  found  us,  my  mother 
and  all  of  us,  daunted  hearing  the  boy  deny  it ; 
but  he  asked  the  child  and  bid  him  speak  iJie 
tra(h,  and  told  him  it  was  a  dreadful  thing  to 
be  htf ,  and  bid  him  read  the  5tb  of  the  Acts, 
telling^  him  he  woulfl  find  there  two  were  struck 
dead  for  telling  of  a  lie,  and  several  other  sych 
expressions  that  I  cannot  remember.  Upon 
Wednesday,  about  noon,  he  comes  again,  and 
lilen  my  brother  did  own  it  aoain,  and  he  writ 
down  what  the  boy  owned,  andwent  away,  say- 
ing he  would  go  to  air  Henry  Capell  and  the 
countess  of  Essox.  And  on  Thursday,  he 
comes  again  and  brings  a  paper  written  over 
min,  not  the  same  he  writ  at  our  house,  and 
then  the  child  set  his  hand  to  it.  The  child 
was  something  unwilMng,  so  says  he  to  liim. 
It  wUl  be  no  harm  to  you,  if  any  danger  does 
come  of  it,  it  will  oome  to  me  and  not  to  you. 

Xr.  C  J.  The  child  was  onwHling  to  sign  it 
you  jMT,  but  by  his  persuasion  P 

S.  Edwetrds,  Yes,  Mr.  Braddon  told  hkn  it 
would  be  no  harm  to  him,  all  the  harm  would 
come  to  himself. 

Braddon.  When  the  child  had  owned  to  me 
what  he  fiist  said,  and  upon  your  saying  that 
he  denied  it,  1  asked  him  the-  reason  why  he 
denied  it?  pray  will  you  tell  what  answer  he 
made  to  that  qtiestion.  Pmy  tell  the  ruth 
nnd  nothing  but  the  truth. 

S.  Edwards.  Upon  my  word,  Sir,  I  can't  re- 
collect that. 

Braddon,  Pray  mistress,  what  answer  did 
he  make? 

S.  Edwards.  I  have  told  you  what  I  know, 
to  the  best  of  my  remembrance. 

'Braddm.  Did  not  yon  bear  your  brother 
nm  to  Ilia  mother,  and  cry  out,  1  shall  be 
ha^ed  ?— 5.  Edwards.  Yes. 

Braddpn.  What  was  the  reason  of  his  cry- 
ing out  so? 

S.  Edwards.  Why,  Itlie  child  had  that  fear 
and  dread  upon  his  spirits,  knowing  it  was  a 
lie,  I  suppose,  he  told. 

Braddon.  What  was  the  reason  of  his  fear  ? 

L.  C.  J.  She  tells  you,  it  was  die  fals^ood 
ofthestDiy. 


Mr.  Wmllop.  MistMW,  did  vst  yw  tdl  hb, 
that  his  father  would  be  in  danger  of  losiw  kn 
place  ?-*&  Edmards.  Yes,  Sir,  we  did. 

Mr.  Wallop.  Did  you  tell  him,  the  king  w91 
hang  your  father  if  you  do  not  deny  it  f 

£.  C.  J.  Why  have  yon  a  mind  to  hsre  it 
bdieved  tbstit  was  true,  then,  Mr.  \¥al)op? 

Mr.  WaUcpj.  My  lord,  the  boy  best  kasin 
that. 

L.  C.  J.  But  do  you  believe  that  if  it  hid 
been  tnie,  that  the  king  would  hang  his  ftther, 
or- turn  him  out  of  his  place  if  he  md  not  day 
it,  as  (hough  the  king  woaU  iofce  people  is 
deny  the  truth  ? 

Mr.  Wallop.  My  lord,  I  do  not  sqr  aorki. 
lieve  any  sacn  thing. 

X.  C.  7.  But  your  question  seems  to  esny 
it  so. 

Mr.  Wallop.  My  kwd,  1  ask  the  qamUkm  cf 
her,  whether  she  <fid  not  say  so  to  biflir  Isdk 
<)uestiotis  accordinff  to  my  instnictions. 

L.  C.  J.  Nay,' Mr.  Wallop,  be  as  aogiy  m 
you  will,  you  shall  not  hector  the  covrt  out  if 
thev  underatandingB.  We  see  plainly  eaoagii 
whither  that  question  tends.  You  that  m 
gentlemen  of  the  robe,  ohould  emf  yow- 
selves  with  greater  respect  So  the  goveniaal, 
and  while  you  do  so,  the  court  will  canytbeai* 
selves  as  becomes  them  to  you. 

Mr.  Wallop.  I  prefer  myself  to  ail  that  kv 
n>e,  if  I  attenspted  any  such  thing  as  to  heeter 
theoonit. 

X.C.J.  Refer  yourself  lo  nil  that  bear  ysi, 
refer  yourself  to  the  court;  it  is  a  idlectiw 
upcn  the  guvemmenL  I  tell  you  yonr  qoeifMn 
is,  and  you  shan't  do  any  such  thsagwlnlei 
sit  here,  by  themoe  of  God,  If  I  can  MfiL 

Mr.  Wallop,  I  am  aony  for  that,  Inereris- 
tended  any  such  thing,  my  Icvd. 

L.C.J.  Pray  behave  yoorsdf  as  yoa -oogbt, 
Mr.  Wallop,  you  must  not  think  to  htS  is4 
swagger  here. 

Just.  WU1un».  Mr.  Bnddon,  yon  hear  what 
the  reason  was  of  bis  cry iiup out  so.  Sbenid 
he  was  afraid  because  hekaew  he  had  toU 
a  lie. 

Mr.  Wallop.  Pray,  mistress,  who  toU  hin 
the  family  would  be  ruined  by  it? 

Just  WUhins.  Mr.  Walfep,  I  aiksd  Ihii 
gentlewoman,  whether  she  did  say  it,  sad  the 
said  she  could  not  tell. 

S.  Edwards.  Indeed  I  cannot  tell,  my  IsnL 

Mrs.  Edwards.  She  did  indeed  say  so,  oy 
lord. 

Mr.  Wallop.  Pray  let  it  go,  my  lord,  ae  itii, 
what  was  it  she  said?  DM  she  speak  shmt 
turning  her  father  out  of  his  place  ? 

Mrs.  Edwards.  I  cannot  say  that,-M  ^ 
said,  when  the  boy  asked  whether  them  aesM 
be  any  harm  by  it,  she  could  not  teU,  but  it 
may  m  her  Hither  and  family  might  be  mad. 

L.  C.  /.  And  is  not  this  a  reiectioD  u^  the 
government,  to  say  the  lantt  would  nun  sty 
one  if  they  did  not  tell  a  lie  F 

Mr.  Wallop.  My  loni,  for  a  false  report  he 
might  be  ruined,  bat  it  seems  upon  this  ssyiof 
he  did  deny  it. 


1177]        ^TATE  TRIALSi  "36  Chablbs  II.  l€M^f9r  m  MUdemNmot.       [i i79 


ixxsLWithins,  Was  there  a  wordVud  of  his 
being  turned  aut  of  bis  place  P 

Mrs.  Edwards.  I  caonot  say  there  was. 

L,  C.  J.  No>  not  a  word,  but  only  Mr.  Wal* 
k>p  is  so  impetuous  in  tbe  worst  of  causes. 

Mr.  Wallop,  I  am  in  tbe  judgment  of  the 
courts  whether  I  do  any  thing  imt  what  be- 
eomes  an  advocate  for  nis  client,  according  to 
my  instructions. 

X.  C  J.  Yes,  you  are  so,  and  shall  know  that 
you  are  under  the  correction  ol*  tbe  court  too. 

Mr^  WiUiop,  My  lofd,  I  know  where  I  am. 

L.  C,  J.  Ay,  you  know  well  enough,  but 
you  would  do  well  to'  carry  yourself  as  you. 
ihouU  do. 

Mr.  Wallof,  With  humble  submisskm,  »y 
lor^,  I  appeal  to  all  that  hear  me. 

L.  €.  J.  Appeal  to  whom  you  will,  I  know 
Ibe  hMsiness  of  the  bar  is  to  appeal  to  the 
court. 

Just.  WUkiiu.  What  is  the  matter  with  Mr. 
Walk»,  that  makes  him  so  emest  in  this 
causer 

X.  C.  /.  There  is  such  an  heat  in  this  cause, 
I  wonder  whence  it  should  come,  I  am  rnvfe  it 
is  not  from  the  honesty  of  it. 

Brmddm,  Young  Mrs.  Edwards,  if  I  suffer 
any  thiflj^  hy  reason  of  the  falsity  of  your  tes- 
''iimoay,  it  will  return  upon  you. 

S.  Mdawda.  Sir,  1  do  tefi  you  all  I  know. 

BrodfdoH.  Then  I  desine  you  to  answer  nie 
this  question,  whether  or  no  when  the  hoy  did 
f>wn  what  lie  first  said,  and  I  asked  him  the 
jreasoA  of  his  djenial  whe^r  tbe  fabity  of  the 
ihiofTy  or  fear  caused  him  to  deny  it,  did  not  he 
My  It  was  fear  through  your  discouragemenfB 
and  threitteiiings  ? 

S.  fldwards.  No,  he  did  not  say  it,  did  he, 
jEnother? 

X.  C.  /.  Wby,  we  are  got  into  a  way  of 
appealinc^  and  appealing,  &te  is  appealing  to 
the  people,  and  appealing  to  the  witness ;  pray 
keep  to  the  business,  and  if  ithin  the  bounds  of 
decency.  Beiinre  such  time  as  tbe  boy  denied 
it,  did  you  desire  bini  to  speak  truth  ? 

^.Edvardt.  Yes,  I  did. 

Mr.  Thompton,  And  when  Mr.  Braddon  ex- 
amined him,  did  be  desire  hnu  to  speak  truth  ? 

S.  Edwurdu,  Yes,  he  did. 

X.  C.  J.  But  he  knew  before  he  examined 
bim  that  he  had  denied  it,  did  not  he? 

•S.  EduHtrdi,  Yes,  the  second  time  before  he 
€»me  into  the  house. 

Braddon.  I  desire  the  M  gentleman  may 
be  asked  this  question. 

Mr.  Thompson.  Gall  Mr.  Edwards  again. 

X.  C  J.  The  spirit  of  tbe  client  was  got 
into  tbe  counsel  1  think  just  now,  and  now  it 
is  ffotinto  the  client  again.  'Tis  an  hard  matter 
touiy  it,  1  pereeiTe. 

Mr.  Wulimi.  My  lord,  1  am  here  of  counsel 
lor  Mr.  Braadon,  and  I  only  ask  questions  as 
they  are  in  my  breviate. 

X.  C.  J.  But,  Sir,  if  you  baye  any  thing  in 
your  breviate  that  reflects  upon  the  goTem- 
nient,  you  ought  not  to  vent  it,  nor  bhan*t 
be^permitted  to  vent  it  as  long  as  I  sit  here. 


Mr.  WalU^.  My  k>rd,  with  snbmissMMi,  I 
hope  I  never  did  nor  never  shall  let  any  such 
thing  come  from  me. 

X.  C.  /.  NaV)  be  as  ang^,  or  as  pleased  m 
you  will,  it  is  aft  one  to  me,  you  shall  not  hay« 
liberty  to  brpach  your  seditious  tenets  here. 

Braddon.  Mr.  Edwards,  Pray  will  you  an- 
swer this  question  P  Did  not  your  son,  when 
he  was  asked  why  he  denied  it,  say  that  it  was 
fear  and  discouragement,  through  his  sister's 
threats,  was  the  cause  ?    Pray  speak  the  truth. 

Edwards,  1  cannot  tell  whether  tbe  child  did 
sayso,  something  of  that  nature  he  did  say. 

Mr.  Thonmson,  Call  Anne  Burt. 

X.  C  /. .  We  have  got  such  strange  kind  of 
notions,  now-arday,  that  forsooth  men  think 
tbey  may  say  any  thing*  because  they  are 
counsel.  I  tail,  yon,  Mr.  Wallop,  your  ques- 
tions did  reflect  upon  the  govenunent,  as 
though  the  king  had  a  mind  to  turn  a  man  out 
of  bis  en^ynokent,  if  he  did  not  swear  a  falsity. 
What  can  be  a  greater  Tefleetkm  than  thatP 
But  all  the  matter  is,  whait  has  been  done  muat 
be  avouched  and  justified,  though  it  be  never 
so  ill.  But  we  plainly  see  through  all.  This 
was  the  design  fnom  the  be^aiBg,  the  kang 
and  the  duke  of  York  were  in  tho  Tower  at 
that  time,  and  it  most  be  thought  and  be- 
lieved that  they  had  designed  this  natter,  and 
so  then  all  the  people  must  be  ruined  in  case 
tbey  would  not  say  the  earl  murdered  hiisrif, 
though  indeed  others  had  done  it. 

Mr.  Wallf^.  Mr.  Edwaids  did  not  delight  to 
have  such  a  re|M)rt,  as  might  create  troiiUe, 
first  come  out  of  hk  house. 

Braddon.  My  lord,  as  to  the  making  such 
an  ittterence,  or  any  vedectionas  your  lord- 
ship mentions,  I  am  m  far  iFsmit  as  any  hady 
here. 

X.  C.J.  We  must  give  a  wonderlvl  deal  of 
oouBtenanoe  to  such  barbarous  and  horrid  prao- 
tioes,and  I  warrant  you  most  suffer  the  go- 
veroMftent  to  be  reflected  upon  at  the  will  and 
pleasure  of  every  man.  Mo,  let  us  hear  the 
truth,  but  not  in  the  face  of  a  court  permit  men 
to  asperse  the  government  as  they  please  kf 
asking  such  questions. 

Ait.  Gen.  And  the  witnesses  say  aotfaiiig  to 
it  neither.  , 

X.  C.  J.  No,  notkung  at  aH  like  it,  bvt  it  is 
aspersion  for  aspersion  sake.  And  we  must  sit 
still  and  bear  it.    ^ 

Mr.  Wallop.  My  tord,  I  think  it  is  for  the 
honour  of  the  government  to  have  aU  things 
fairly  enquired  into. 

X.  C.  J.  And  it  is  for  thehonour  of  all  ooorts 
of  justice  not  to  sufler  reflections  upon  the  go- 
vernment, let  them  be  by  whom  they  will. 
And  in  gentlemen  of  the  bar  it  is  worse  than 
others. 

Just.  Withins.  IVuly,  I  do  not  see  where 
tbere  is  any  countenance  lor  asking  such  a 
question. 

L.C.J.  No,  but  some  people  are  so  wonde^> 
ful  zealous—- 

Mr.  Wallop.  My  brd,  zeal  for  the  truth  18  a. 
good -seal. 


1179]  STATE  TRIALS,  36  Charles  II.  l684.— 


X.  C.  J.  It  w  80,  but  zeal  for  facAon  and 
sedition,  I  am  sure  is  a  bad  zeal.  I  see  no- 
things in  all  this  cause  but  villany  and  baseness. 
And  I.  believe  no  man  that  has  heard  it,  but 
will  readily  acknowledge  that  it  appears  to  be 
an  untoward  malicious  us^ly  thing,  as  bad  as 
ever  1  heard  since  I  was  born,  on  purpose  to 
cast  an  indignity  upon  the  king  and  govern- 
ment, and  set  us  all  in  a  flame. 

Then  Anne  Burt  appeared,  and  was  sworn. 

Braddon.  Mrs.  Burt,  I  desire  to  know  what 
discourse  you  had  with  Mrs.  Edwards,  and  that 
family  ? 

Att.  Gen^  I  beg  your  pardon  for  that,  here 
Mrs.  Edwards  is  herself  to  tell  what  she  has 
said. 

Braddon.  I  desire  to  know  what  discourse 
she  had  with  any  of  the  family? 

Mrs,  Burt.  J  went  to  make  a  visit  to  Mrs. 
Edwards,  and  I  had  not  been  there  half  an 
hour  but  in  comes  this  gentleman ;  now  I  had 
asked  no  questions  about  the  business,  but  in  he 
comes  and  desired  to  speak  with  Mrs.  Ed- 
Wards  ;  Mr.  Edwards  was  called,  and  when  he 
came  in  with  Mr.  Edwards,  the  gentleman  sat 
^own  in  the  room,  and  told  Mr.  Edwards  he 
had  beard  a  report  of  something  his  son  had 
•apoken,  but  he  desited  to  have  it  from  his  son's 
own  mouth,  and  the  boy  was  calle^i  in,  (this  is 
«  real  truth.  Sir,  for  I  do  not  know  whether  I 
may  stir  from  this  place  where  I  am  alive  or 
no ;)  And  when  the  boy  came  in,  the  gentle- 
man said  to  him,  if  it  be  true  that  you  have  re- 
Eorted,  own  it ;  if  not,  do  not  own  it ;  for,  said 
e,it  is  a  dreadful  thing'to  be  found  in  a  lie,  I 
would  have  you  read  the  Sih  Chapter, of  the 
Acts,  where  a  man  and  a  woman  were  struck 
dead  for  telling  a  He.  Sir,  said  the  boy,  it  is 
true,  and  what  I  said  I  will  speak  it  before  any 
justice  of  peace  in  the  world.  And  'then  he 
•asked  him  what  he  had  reported,  and  the  boy 
made  a  repetition  of  what  he  had  seen  and  aaiid 
before,  that  he  went  into  the  Tower  and  came  to 
the  first  row  of  houses  that  goes  along.  And  at 
the  first  house  he  saw  nobody  look  out  at  the 
window,  nor  at  the  second  bouse,  but  he  looked 
up  at  the  thiird  house,  and  he  took  his  hand 
and  shewed  thus,  said  he,  I  saw  a  man's  hand 
he  did 'not  say,  but  an  hand  throw  a  razor  out, 
of  this  fashion,  and  he  imitated  it  with  his  hand. 
Said  the  gentleman,  was  it  not  the  wrong  win- 
dow, or  the  wrong  house?  I  will  not  t^e  the 
tiling  upon  this  credit,  take  your  other  brother 
down,  that  was  a  bigger  boy  than  this>  and, 
^says  be,  go  down  to  the  house,  and  shew  your 
brother  the  window  where  you  saw  this.  The 
two  boys  went  down,  and  he  shewed  his  bro- 
ther the  place  where  he  saw  the  hand — — 

L.  C  J.  Were  you  present  at  his  shewing? 

Mrs.  Burt.  Will  your  lordship  please  to 
give  me  leave 

L.  C.  J.  And  pray  give  me  leave  too.    I  ask 
.  you.  Were  you  present?    For  you  tell  it  as  if 
you  knew  it  yourself. 

'    Mrs.  Burt,   Both  the  boys  came  up  and  said 
so. 


L.  C.  /.  Tou  should  have  said  so  then,  tbst 
thevtold  you  it,  for  you  are  upon  yooroalli, 
andnrast  affirm  notlung  bat  your  ownkmnr- 
ledge. 

Mrs.  Burt.  If  I  do  mi^lace  my  words  J 
cannot  bdp  that 

X.  C.  J.  You  misplace  your  evidence,  wo- 
man, you  must  not  swear  that  to  be  true,  tfatt 
you  don't  know  to  be  true. 

BIrs.  Burt.  My  lord,  I  heard  wbal  I  mj 
with  my  own  ears. 

L.  C.  J.  But  you  talk  of  a  thing  yoa  did 
not  see  with  your  own  eyes,  as  if  you  had  seen 
it. 

Mrs.  Burt.  I  beg  your  pardon,  ray  krd,  I 
can't  tell  how  to  place  my  words  so  exactly. 

L.  C.  J.  I  care  not  how  thou  pboest  tby 
words,  tell  thy  own  knowledge. 

Mrs.  fiar^  I  tell  what  is  troth,  wbtt  I 
heard  and  saw ;  for,  said  Mr.  Braddon,  I  be- 
lieve it  was  not  the  right  window,  when  the 
boy  came  up  and  said  he  had  shewed  the 
window.  And  this  gentlemen,  I  cannot  hit 
his  name  right,  (he  is  a  stranger  to  me)  he  and 
Mr.  Edwards  went  down  with  the  boy,  to  ne 
whether  it  were  the  right  window  of  the  hnm 
where  my  lord  died  (which  where  it  is  I  G«BMt 
tell  any  otherwise  than  has  been  repotted,  or 
whether  there  be  one  room  or  two  of  a  floor 
I  do  not  know ;)  and  when  he  came  up  agib 
he  called  for  a  sheet  of  paper,  tbatbenugfat 
write  from  tbeboy's  mouth,  and  that  he  might 
not  differ  one  word  from  what  the  boy  bad  said 
himself.  And  whenl  saw  Mr.  Braddon  bqpa 
to  write  I  went  away,  dhr  I  thought  it  may  bo 
the  gentleman  miglit  expect  I  diouM  set  ny 
hand  to  it  as  a.witaeis,  ana  I  did  not  desire  any 
trouble. 

Braddon.  1  desire  this  question  may  be  aik- 
ed  tier,  my  lord.  Do  not  you  remeoMEer  it  wif 
said  the  boy  denied  it  ? 

Mrs.  Burt.  Yes,  it  was  said,  the  boy  did 
deiwit 

Braddon.  What  did  his  aiater  say  was  the 
reason  of  his  denying  it  ? 

Mr.  Hiompson,  Ay,  what  did  you  hear  the 
sister  say  ? 

L.  C.  J.  I  told  you  before,  that  was  no  efh 
dence  what  another  body  did  say. 

Mr.  Wallop.  Mistress,  The  boy  desiod  it, 
for  what  reason  ? 

Mrs.  Burt.  Because  his  sister,  as  his  mo- 
ther told  me,  had  been  talking  to  hun. 

L.  C.  J.  As  his  mother  told  you,  piidiee 
woman,  speak  your  own  knowledge,  sod  nflt 
what  another  -body  told  thee. 

Mrs.  Burt.  Fray,  give  me  leave,  my 
lord 

L.  C.J.  I  ten  thee,  I  will  not  give  thee 
leave  to  say  what  thou  shouldest  not  say. 

Mrs.  Burt.  I  heard  his  sister  say 

X.  C.  J.  It  is  not  evidence  if  thoa  didrt 
hear  never  so  many  people  say  it. 

Mrs.  Burt.  My  lord,  I  speak  nothing  but 
the  truth. 

X.  C.  J.  Shall  we  allow  that  in  this  case  for 
evidence  that  we  allow  in  no  other  case,  iff 


|ie4l        STATE  TRIALS^. 36  Cbaklbs  If.  l684.-^>r  «  Msdmeanaf.       [1182 


ivtrntrewon,  pray?  I  do  not  see  it  deserves 
ftDv  such  eztFaorainary  ikvour. 

Just.  WitJiiru.  Mr.  Wallop,  we  must  not 
hear  what  anotKer  said,  that  is  no  party  to  this 
cause.  You  know  it  is  no  e?idenoe,  tnerefore 
do  not  press  it. 

Mrs.  Burt,  My  lord,  I  have  done,  if  that 
will  satisiy  you. 

L.  C.  J.    Prithee,  satisfy  thyself,  good  wo- 


Mrs.  Burt,  My  lord,  1  have  done.  I  come 
here  to  speak  the  truth,  and  so  I  do. 

X.  C.  J.  Nay,  prithee  be  not  so  full  of  tattle, 
80  full  of  clack. 

Then  a  little  girl  came  mto  coqrt. 

L.C.J.  What  age  is  this  girl  of?  How  old 
art  thou,  child? 

Girl,  I  was  13  last  Saturday. 

X.  C.  J.  Do  you  know  the  danger  of  telling 
a  lye? — Girl.  Yes.  • 

X.  C  J,  Why,  what  will  become  of  you  if 
you  tell  a  lye?    . 

GirL  The  devil  will  have  me. 

X.  C.  J.  Give  her  her  oath.  What  is  thy 
name,  child  ? 

GirL  JaneLodeman. 

Xhen  she  was  sworn* 

X.  C.  J.  Child,  do  not  be  afraid  of  anv  thing 
in  the  world,  but  only  of  telling  any  thing  but 
what  is  true ;  be  sure  you  do  not  tell  a  lie,  for 
if,  as  you  say,  you  shall  be  in  danger  of  hell- 
fire  by  telling  a  lie,  much  more  will  you  be  in 
danger  if  you  swear  to  a  lie.  Now,  what 
dp  you  ask  ner  ?     '  . 

Braddon.  What  did  you  see  in  the  Tower 
that  morning  the  earl  of  Essex  died  ? 

Lodeman.  I  saw  a  hand  out  of  a  window,  hot 
I  cannot  tell  what  window  it  was,  but  it  was  a 
hand  throw  out  a  razor. 

Braddan,  And  what  did  you  hear  after 
that? 

Lodeman,  I  cannot  well  remember,  but  it 
was  either  two  shrieks  or  two  groans  that  I 
heard  presentiy  after. 

X.  C.  J.  What  time  of  the  day  was  it, 
child? 

Lodemafu  It  was  between  9  and  10  of  the 
dock. 

X.  C.  J.  Who  was  with  you  besides  yourself 
there? 

Lodeman.  There  were  more  besides  me,  but 
they  wcint  away. 

X.  C.  J.  Who  were  they,  child? 

Lodeman,  A  great  many  that  I  did  not 
know. 

X.  C.  J.  And  how  came  you  to  take  notice 
©fit? 

Lodeman,  And  there  was  a  coach  stood  just 
at  the  door. 

X.  C,  J,  Tell  us  some  of  them,  child,  and 
that  were  there  besides  thyself,  speak  the  truth, 
be  not  afraid.  Thou  say  est  a  great  many  peo- 
Mte  were  there,  and  all  the  people  must  neces- 
tfanly  see  it. 

L9deman.  They  were  people  I  did  not  know. 


X.  C.  J.  But  they  all  saw  it  as  well  as 
you? 

Lodeman,  So  I  suppose  they  did. 

X.  C,  J,  And  you  heard  a  shriek  or  two,  you 
say? 

Lodeman.  Two  shridcs  or  two  g^ans,  I  can't 
well  remember  which. 

X.  C.  J,  How  hish  was  the  window? 

Lodeman,   Not  above  one  pair  of  stairs  high • 

X.  C  J.  How  htB^h  from  the  ground  might 
it  be? — Lodeman.  Not  above  one  story. 

Mr.  Thompson.  Whereabouts  in  the  Tower 
was  it? 

Lodeman.  Shr,  it  was  as  you  go  upon  the 
mount. 

Mr.  Wallop.  Whose  lodging  do  you  think  it 
was? 

Lodeman.  I  did  not  know  whose  it  was,  but 
folks  said  it  was  the  earl  of  Essex's 

X.  C.  J,  Who  did  you  tell  this  to  ? 

Lodeman,  1  told  nobody  till  I  came  to  my 
aunt,  and  I  told  her. 

X.  C.  J.  What  is  her  name  ? 

Lodeman.  Margaret  Smith. 

X.  C.  J,  Pid  you  ever  tell  this  to  that 
man  ? — Lodeman.  Yes*,  afterwards  I  did. 

X.  C.  J.  How  came  he  to,  enquire  of  you 
about  it?  .      ' 

Lodeman.  He  came  and  asked  me,  and  1 
could  not  deny  it. 

X.  C.  J.  *  Ay,  but  how  came  he  to  ask 
yon  ?  . . 

Lodeman.  There  was  a  gentlewoman  that 
was  at  our  house,  and  she  beard  of  it,  and 
spake  of  it  at  a  gentlewoman's  at  dinner,  andssf 
he  came  to  our  house  to  enquire  about  it. 

X.  C,  J.  Who  is  that  gentlewoman?  What 
is  her  name  ^-r-Lodeman.  Susan  Gibbons. 

X.  C.  J,  Let  me  see  the  information  of  this 
girl,  that  Mr.  Braddon  had  taken  ? 

CLcfCr,  Ves,  my  lord,  there  it  is. 

X.  C.  J,  Do  you  know  my  lord  of  Essex's 
lodginffs? — Lodeman,  They  said  it  was  his. 

£.  C,  J.  Did  vou  know  ix  of  your  own 
knowledge? — Loaeman,  No,  Sir,  1  did  not. 

Mr.  Thompson.  Pray  what  became  of  the 
razor  that  was  thrown  out  of  the  window,  after 
it  was  thrown  out? 

Lodeman,  I  saw  a  woman  in  a  white  hood 
come  out,  but  I  did  npt  see  her  take  it  up. 

Sol.  Gen.  Girl,  you  say,  that  when  you 
were  at  this  place  in  the  l^wer,  and  saw  this 
matter,  there  were  a  great  many  people  there 
besides  youi'seU'i^ — Lodeman.  Yes,  Sir. 

Sol.  Gen.  Did  the  razor  fall  among  the 
people  that  stooil  there,  or  did  it  fall  out  in  the 
street,  Or  how  ? 

Lodeman.  Sir,  it  fell  within  the  pales. 

Sol.  Gen.  And  was  the  passage  easy  into  the 
pales?' — Lodeman.  Yes. 

Sol,  Gen,  What,  they  must  climb  over,  must 
they? 

Lodeman.  No,  you  heed  not  climb  ov«r» 
there  is  a  door  to  go  in.  And  when  people 
went  in  the  soldier  opened  the  door. 

SoL  Gen.  Who  went  in  with  tl^e  soldier  f 
Did  you  see  any  body  go  in  ? 


I 


1183]  STATE  TRIALS,  36CmablesIL  l6S4>,^Truaq, 

Lodeman,  There  was  a  man  went  id,  but  I 
/    know  not  who  he  was. 

Sol.  Gen,  Did  tbe  soldier  stand  at  the  door 
when  this  raaor  was  thrown  out  ? 

Lodeman,  I  cannot  tell  that,  a  soldier  osed 
t0  be  at  the  door. 

SoL  Gen.  The  woman -eanseovt  of  the  lodg- 
ing, did  she  iiot?-r-X(H^«fiMn.  Yes. 

SoL  Gen.  iDid  she  go  in  again  ? 

Lodamtn,  1  did  not  see  her  go  in  again. 

SoL  Gen..  Did  ^fae  go  into  the  pale  ? 

Lodeman.    1  ijbd  not  see  her  go  into   the 


Sol.  Gen.  Did  jpou  see  the  raaor  «Aer  it  fell 
upon  the  ground  ? — Lodeman.  No. 

Sol.  Gen.  Was  it  Uood^r  ? 

Lodeman.  Yes. 

SoL  Gen.  Yeiy  bleedy  ? 

Lodeman.  Yes. 

Sol.  Gen.  Did  you  see  nohedy  tidce  it  up  ? 
-  Lodemkn,  No^  I  didnot. 

SoL  Gen.  Come  hither,  elukl ;  are  ys«  Jiure 
it  was  a  razor,  or  a  knif^f 

Lodeman.  I  ana  sure  it  was  a  raaor. 

SoL  Gen.  Was  it  open  «r  shut  ? 

Lodeman.  It  was  open. 

SoL  Gen*  What  colour  was  the  handle  ? 

Lodeman.  Sir,  I  cannot  tell,  I  see  it  but  as  it 
flew  out.  / 

Sol.  Gen.  Was  it  all  over  Moody  f 

Lodeman.  N«. 

SoL  Gen^  All  but  a  little  speck  ? 

Lodeman.  It  wn  very  bloody. 

X.  C.  J.  Blessed  God,  What  an  age  do  we 
Mve  in !  Girl,  yon  say,  yo«i  did  net  know  it  to 
be  my  knrd  of  Essex's  window? 

Lodeman.  No,  but  as  they  told  me. 

L,  C,  J.  Nor  you  did  not  see  any  body  take 
opthernaKMr?— XM/asMtn.  No. 

L.  C.  J.  But  you  ave  sure  you  did  not  f 

Lodeman.  I  am  sure  I  did  not. 

L.  C.  J.  But,  child,  .reeolteet  thyself,  sure 
thou  didst  see  somebody  take  it  up  ? 

Lodeman.  No,  I  did  not. 

L.  €.  J.  I  ask  thee  i^in.  Didst  not  thou 
knew  it  to  be  my  lord  of  Essex's  window  ? 

Lodeman,  No,  hut  as  they  tolil  me. 

L.  C.  J.   Did  you  hear  nobody  speak  to  the 
maid  that  came  out?     ' 
.  Lodeman.  Nobody  at  all. 

X.  C.  J,  No,  pr'ythee  is  that  thy  hand, 
ehikl  ?  8bew  her  the  paper,  the  uppermost 
partof  it.— XcNfesNtn.  S>r,  I  cannot  write. 

X.  C.  /.  Who  put  thy  name  to  it  ? 

Lodeman.  Sir,  i  do  not  know,  no  more  than 
the  Pope  of  Rome. 

X,  C.  J.  Whose  hand- writing  is  that  ? 

Lodeman,  I  cannot  tell,.  I  never  could  write 
IB  tny  life. 

BraddoH.  Those  are  the  names  of  snch  as 
beard  her  say  it. 

Alt.  Gen.  Yes,  you  have  cooked  it  up 
bravely. 

X.  U.  J.  You  shall  see  what  a  braTe  ma- 
nagery  you  hare  made  of  this  poor  child.  Read 
tlie  Infiirmation. 

CL  ofCr.  Readf«-^<  The  eighth  of  Augtist, 


aniSfth,  {\\U 

1683,  Jane  Lodeman,  aged  about  IS  yens, 
did  in  the  presence  of  these  whose  names  aie 
under- written,  dedare  as  foHovs,  That  the 
said  Jane  Lodeman  was  in  the  Tower  so  fW* 
day  morning,  the  19th  of  July  last,  and  ataad^ 
ing  almost  oyer-against  the  late  ear)  of  Eoo^ 
lodging-window,  she  saw  a  hand  cast  oal  a 
razor  out  of  my  ford's  window,  andiminedi*' 
ately  upon  that  she  heard  shridis ;  and  ^ 
there  was  a  soldier  by  my  lord's  door,  wbidi 
ftnfiA  out  to  those  within  the  house,  thit 
somebody  should  came  and  take  up  a  raxor, 
which  was  thrown  out  of  the  window,  wbere- 
upon  there  came  a  maid  with  a  white  be^ 
out  of  the  liouse,  but  who  took  up  the  nior 
she  cannot  tell.' 
X.  C.  /.  Here  it  is  said  'the  soMier  eiied 
out,'  but  now  S(he  says,  the  soldier  she  does  asf 
know  was  there,  and  she  heard  nobody  speek 
to  the  maid. 

Braddon.  With  submission,  my  lord,  I  de^ 
sire  to  tak  her  this' question. 

X.  C.  J.  Pr'ythee  ask  her  what  thou  wilt 
We  hear  what  she  says.  ^ 

Braddon^  Did  you  hear   the   sokiier  ery 
out,  or  did  you  not? — Lodeman.  No,  f  did  att 
Braddon.  Did  not  you  say,  yen  heard  tin 
cry  out? 

SoL  Gen.  My  lord,  we  cannot  admit  Mr. 
Braddon  should  ask  snch  questions,  they  are 
leading  questions.  Ask  her  a  general  questioa, 
and  you  shall  have  an  answer,  but  yoa  M 
not  give  her  words  to  swear  to. 

X.  C.  /.  No,  upon  my  word,  you  have  gitea 
her  too  many  words  to  swear  to  already. 

Braddmt.  My  lord,  1  only  writ  what  sfce 
declared. 

SoL  Gen.  Were  you  carried  by  Mr.  Bnrf- 
den  before  any  magistrate,  or  any  justice  of 
peace? — Lodeman.  No. 

Sol.  Gen.  Did  be  Uke  the  examinatioD  him- 
self?— 'XcM^eimin.  Yes. 

Att.  Gen.  Did  not  he  desire  you  to  go  be- 
fore a  justice  of  peace  to  be  sworn  ? 
Lodeman.  No,  Sir. 
SoL  Gen.  Did  be  write  it  himself? 
Ait.  Gen.  ;Ay,  he  writ  it,  and  took  it,  »m 
this  woman  that  is  coming  here,  i:r  a  witness 
to  it. 

X.  C.  J.  What  is  this  woman's  name? 
Braddon.  This  is  the  annt,  MargaipetSifflUi. 

[Who  was  sworti.J 
X.  C.  /.  Well,  what  say  you  to  her  ? 
Braddon.  I  desire  to  know,  what  this  gW 
said  to  you,  when  she  returned  from  the  Ttwfff 
the  13th  of  July  ?  . 

Mrs.  Smith.  She  said  to  that  effect  tfiatdii 
i^[)eaks  now. 

Braddon.  What  was  that?  T^H  the  coari 
Mrs.  Smith.   I  chid  her,- because  she  m 
been  playing :  That  is  all  I  can.  say. 

Just.  Wiihins.  Did  slie  tell  you,  the  soWier 
cried  out  for  scnnebody  to  come  and  take  op 
the  razor  ? 
Mrs.  Smith.  I  cannot  say  that 
Justi  Within*.  Did  she  say,  she  saw  art»» 
thrown  out  of  my  lord  of  Essert  windwrr 


11S6]         SVaTE  trials,  36  Chablbs  II.  l684.-»>r  a  MtsdemedMr.        [i IS($ 

Braddon.  Swear  Williain  Gtasbrooke, 

[Which  was  done.] 

X.  C.  J.  Well,  what  do  Jou  ask  him  ? 

Mr.  Freke,  My  lord,  we  desire  to  know  of 
him,  whether  he  was  by  on  the  13th  of  Jnly, 
when  the  girl  gave  this  report  ? 

GUubrooke,  1  was  up  two  pair  of  stairs 
when  she  came  in. 

X.  C.  J.  What  is  your  name,  Sir? 

Glasbrooke.  William  Glasbrooke. 

CI.  ofCr.  Ay,  here  is  his  Infbrmatkm,  among 
those  that  were  taken  about  Braddon. 

Glasbrooke.  She  came  in  to  her  aunt,  thai 
went  out  iustnow  before  me,  and  1  heard  her 
very  loud  with  her  aunt,  ^yine,  the  earl  of 
Essex  had  cut  his  throat  in  the  Tower.  H«r 
aunt  chid  her  upon  it;  and  her  annt  chiding 
her,  she  said,  she  was  sure  it  was  true ;  for  she 
saw  a  bloody  razor,  with  a  bloody  hand,  thrown 
ont  of  the  window. 

Mr.  Freke.  Was  this  the  day  of  my  lord 
Essex's  death? 

Glasbrooke.  It  was  the  day  the  king  was  itt 
the  Tower,  and,  as  was  reported,  the  day  hm 
was  killed.  ^ 

Braddon.  Were  you  present  when  I  fini 
discoursed  the  girl  f-^Gfasbrooke^  Yes. 

Braddon.  Had  you  e?er  seen  me  before,  cr 
no? — Glasbrooke,  No. 

X.  C.  J.  Did  she  say,  my  lord  of  Essex  cot 
histhroat  at  that  time?— G7a<6rooA«.  Yes. 

X.  C.  J.  Are  you  a  witness  to  this  paper? 
Did  you  set  your  hand  to  this  paper? 

Glasbrooke.  To  the  paper  Mr.  Braddon  writ, ' 
I  did :  I  am  a  ii^ituess  to  that 

X.  C.  J.  Then  read  his  Information. 

CI.  (f  Cr.    [Reads]. '  »Ir.   WUlitia 

Glasbrooke  does  declare.  That  one  Jane 
Lodeman,  aged  about  thirteen  years,  inhabit- 
ing in  the  same  house  where  he,  the  said  Wil- 
liam Glasbrooke,  lodged,  did  on  Friday  the 

13th  of  July  last  past,  between  ten  and  eleyea 

in  the  morning,  in  the  presence  and  hearing 
of  him,  the  said  William  Glasbrooke,  declare 

to  her  aunt.  That  the  earl  of  Essex  bad  cat 

his  Aroat ;  upon  which  her  aunt  waa  Teij 


Mrs.  AaiiM.  She  said,  she  saw  a  ra2Qr 
thrown  out  of  a  window :  I  cannot  tell  whether 
A^  said  ont  of  my  lord  of  Essex's  window. 

Mr.  Freke,  Did  you  set  your  hand  to  that 

x#.  C.  J.  Were  yon  a  witness  to  that  paper  ? 

Mrs.  Smith.  Tnere  were  others  heara  what 
tile  girl  said,  as  well  as  I. 

L.  C.  J.  Who  desired  you  to  sign  it 

Mr.  Freke.  Who  writ  that  paper,  mistren  ? 

Mrs.  Smith.  Pray  excuse  me.  Sir,  I  do  not 
know. 

Mr.  Freke.  Did  yon  see  it  writ? 

Mra.  Smith.  No. 

X.  C.  J.  No:  It  was  one  got  ready  drawn 
by  Mr.  Braddon. 

Jost  HoUomay.  Pray  let  the  boy's  informa*- 
tMHi  be  read  agam,  ibr  I  observe  there  is  a  dif- 
ftrence;  she  says,  the  razor  fett  within  the 
pales ;  tfie  boy  says,  it  fell  without 

X.  C.  J.  Ay,  ay,  the  one  says  it  was  the  in- 
side ;  die  other  the  outside  of  the  pales. 

Then  the  Information  was  read. 

X.  C.  J.  Go  on  now  and  ask  your  questions. 

Braddon.  Did  the  girl  say,  that  after  the 
razor  was  thrown  out,  the  soldier  cried  to 
somebody  to  take  it  up? 

Mrs.  South.  Sir,  1  can  say  no  more  than 
wiMitlfaaTesaid. 

Braddon*  Did  she,  or  did  she  not  ? 

Mrs.'iSnitM.  Pray,  Sir,  excuse  me ;  I  have 
spoken  what  I  know. 

Att.  Gen.  You  may  see  how  he  has  managed 
tbb  matter,  my  lord,  by  his  urging  the  wit- 
nesses with  questkms  they  know  nothhig  of. 

X.  C  /.  Yes,  yes,  we  see  he  would  fain 
pat  words  into  their  mouths. 

Ait.  Gen.  Mistress,  Did  yon  send  to  Mr. 
Braddon,  to  inform  him  of  what  the  girl  had 
said?  or  did  he  come  to  you  ? 

Mrs.  Smith.  Sir,  I  nerer  saw  him  before  in 
my  days. 

Att.  Gen.  He  came  first  to  yon  then  ? 

Mis.  &mth.  Yes :  he  hearing  of  it,  came  as 
a  stranger  to  me. 

Braddon.  Did  I,  directly,  or  indireetiy,  offer 
yon,  or  year  niece,  any  thinff  ? 

Mrs.  Sndth.  No,  never  in  mis  world. 

Braddon.  Did  I  ever  desire  b^,  or  you,  to 
say  any  thing  but  what  was  true  ? 

Mrs.  Smith.  No,  Sir  ;  you  ever  encouraged 
tiM  girl  to  npeak  troth;  and  bid  her  speak  no- 
tbiw  bat  what  was  truth.  ' 

jRt.  Gen.  Yoa  need  not  pay  dear  for  a  lie ; 
von  are  like  to  pay  dear  enongh  before  you 
Dare  done. 

Braddon.  Mj  lord,  as  to  personal  know- 
ledge, I  am  as  much  a  stranger  to  this  matter, 
as  any  body  here;  and  in  all  my  concern 
in  it,  I  haye  done  nothing  but  what  was  rerj 


L.  C  /.  Mind  your  defence,  Mr.  Braddon, 
and  leaye  commending,  yourself;  or,  if  you 
Drill,  rather  commend  yourself  by  yonr  actions, 
Ihmn  your-  expressions;  one  good  action  is 
worth  twenty  good  expressions.      •« 

VOL.  IX. 


ngry  with  her;  whereopon  she,f]ie  said 
giriv  did  declare.  That  she  was  sure'Of  it:  for 
she  saw  him  throw  the  razor  out  of  the  win** 
dow ;  and  that  the  rasor  was  Moody ;  anA 
that  she  heard  two  groans  m  shrieks  (whiek 
of  the  two  words  she  used,  he  the  said  Wil<» 
Ham  Glasbrooke,  is  not  certain:)  OftUi,|hv 
the  said  Williim  Gbuibrooke,  is  rsady  toimim 
oath.' 

X.  C.  J.  Now  my  lord  of  Essex  cot  1ms  own 
tiiroat,  and  after  threw  the  razor  oat  of  the  win- 
dow. 

Glasbrooke.  Tis  what  the  girl  did  declare. 
Ait.  Gen.  Does  not  this-girl  usually  Idl 
lies? 

GUiibrooke.  I  haye  before  that  time  taken 
her  in  a  lie. 

Att.  Gen.  Did  yoa  acquaint  Mr.  Braddon 
with  that  ? 

Glasbrooke.  I  cannot  tell  that  I  did. 
Att.  Gen.  Do  yoa  remember  thalyna  toM 
4  G 


1187}  STATE  TRIALS*  36  Charlbs  n.  ififti.— TrM/o/£rMUMi«wrj;pcfe,[lUt 

L.  C.  /.  Did  she  id  so  many  wsrdi  isy, 
That  it  WM  the  earl  of  Essex's  lo4giags? 

Mi.  Gen,  Your  fordship  sees,  they  ([ireoBi 
evidence,  and  she  another. 

Smith.  I  cannot  say  whether  she  did  in  n 
many  words  say  so,  or  no ;  hut  she  said,  tkat 
she  saw  a  band  toss  out  a  rasor,  and  ekherdie 
hand  was  blood v,  or  the  razor,  audit  mi 
where  my  lord  of  Essex's  lodginffs  wu. 

X.  C.  J.  Bat  did  she  name  myloid  of  £00*1 
lodgiiurs  ?— j^eiiM.  Yes^shedid. 

Z.  C.  J,  Wen,  what  else  did  she  say  ?  Tdl 
US  all  she  said. 

Smith.  8he  said,  there  was  a  man  stfioA  be- 
low, and  she  beard  two  shneks,  and  the  mu 
did  say,  here  is  a  razor ;  and  a  woman  came 
out,  or  one  in  wonoan's  dotbes,  with  vUie 
head  clothes.  Mr.  Braddon  asked  if  she  age 
any  body  take  it  up,  and  she  said,  no;  hut  the 
heard  a  man  say  here  is  the  razoiy  andsbe  aiw 
a  woman  come  out. 

L.  C.  J.  You  are  sure  that  ia  aM  yonheaid 
hersay  ?--5mt7A.  I  think  so. 

JL  C.  J.  ReeoMect  yonnetf,  pray,  good  Ml 
Smiih.  , 

Smith,  I  do  not  know  that  I  kevd  aay  tUvg 
else. 

L.  C.  J.  Pray  read  his  lofcrmatioa. 

CL  qfCr.  Here  is  William  Smith  subscribed. 

Smith.  Mr.  Braddon  writ  down  what  ihfifpA 
said,  and  we  did  read  it  over  all,  and  then  id 
our  hands  to  it. 

X.  C.  J.  Well,  Sir,  read  die  laimiliia 
then. 


Mr.  Braddon^  That  she  was  a  girl  that  told 
truth? 

Gloibrooke  No,  I  nerer  did  that;  for  I  was 
always  of  another  persuasion  about  ber. 

SoL  Gen,  He  neTer  was  of  that  temper,  to 
praise  her ;  he  was  always  of  a  contrary  per- 
suasion.* 

^  L.  C.  J.  1  will  assure  him,  that  I  am  of 
his  opinion  too :  I  do  believe  that  she  is  a 
iyin^^  girl,  and  hath  told  us  a  company  of  lies 
now. 

Braddon.  These  two  children  told  me,  they 
ne?er  saw  one  another  till  they  were  examined 
at  tlie  Council. 

L.  C.  J,  Well,  well ;  Go  on  with  your  wit- 
nesses. 

Braddon.  Where  is  William  Smith  ?  [Who 
appeared  and  was  sworn.]  I  desire  to  know  of 
you,  Mr.  Smith,  what  you  heard  the  girl  say, 
when  I  was  there  ? 

Smith,  I  heard  the  girl  tell  us.  That  slie  saw 
a'  hand  cast  out  a  razor,  and  either  the  hand  was 
bloody,  or  the  razor,  I  cannot  tell  which  ;  but 
f/he  said  ft  was  out  of  the  window,  where  she 
said  tb6  earl  of  Essex  lodged. 

L,  C.  J.  Did  she  say  the  earl  of  Essex  did 
it  himself  ? 

Smith,  She  said  she  saw  an  hand  cast  out  a 
razor. 

L.  C.  J,  Did  she  tell  you,  it  was  the  earl  of 
Essex's  lodging  window. 

Smith.  She  said  it  was  that  lod^g. 

L.  C,  J,  Ay,  but  she  says  now  she  does' not 
know  it  to  be  nis  lodging. 

Braddon.  My  lord,  she  said  she  was  told  it 
was  his  lodging. 

^  L.  C.  J:  But  y<m  hare  made  her  to  say  po- 
sftively,  it  was  uis  lodging,  and  that  he  llirew 
out  the  razor. 

SoL  Gen.  Pray,  Sir,  where  did  j'ou  first 
hear  this  report  ot  this  ffirl  ^ 

Smith.  There  at  the  house  where  she  was. 

Sol.  Gen,  Were  you  alone  when  you  went 
to  the  girl  the  first  time  ? 

Smith.  No,  I  went  with  Mr.  Braddon. 

Sol.  Gen.  Did  you  hear  any  thing  of  it  be- 
fore ?  What  did  induce  you  to  go  along  with 
Mr.  Braddon  ?  What  were  the  arguments 
that  prevailed  with  you  to  go  with  him? 

Smith.  I  did  not  know  where  he  was  going ; 
Mr.  Braddon  called  me  at  the  shop,  as  I  stood 
at  the  door,  and  asked  me  if  I  was  busy,  or 
would  go  with  him  ?  So  I  went  with  him  to 
the  tavetn. 

Sol,  Gen.  You  nerer  heard  one  word  before 
of  the  girl's  report. 

Smith.  No«  1  did  not. 

L,  C.  J.  What  else  did  the  girl  tell  you  ? 

Smith,  I  cannot  s<^  what  else  sne  said. 
This  I  remember  that  I  have  told  you. 

L.  C'  J'  Did  she  name  the  earl  of  Essex's 
lofleings  ? 

Smith.  I  am  sure  she  said  the  lodging  where 
the  carl  of  Essex  lay. 

L.  C.  J.  Did  she  name  the  earl  of  Essex? 

Smith,  She  did  name  the  aarl  of  Essex's 
lodgiiigs. 


CL  of  Cr.  reaik  the  lafoinuiftion  aabeCoK— 

>  L.  C.  J,  You  near  what  3[o«  have  iifliiiJ 

in  this  paper,  that  the  girl  said ;  you  ba? e  kr- 

got  in  your  evidence  now  thvlongbaoMi 

about  the  sdldier. 

Smith,  My  lord,  I  have  told  all  I  didi«M» 
ber. 

L,  C.  J.  Why,  you  have  set  yo«r  haadliiL 

Smith,  I  did  r«ui  it  over,  and  it  was  Mlbiif 
but  what  the  girl  said,  I  am  8ip?eu 

L,  C,  J.  Wnere  do  you  live? 

Smith,  In  Throgmorton  street 

L.  C,  J.  What  trade  ?-^iSbii<ik.  Ahuber. 

L.  C,  J.  A  notable  shaver,  uponnyiraii 
a  special  fdlow,  I'D  waixaot  him ! 

jBra<2(2(m.  Call  Mrs.  Mewx.  [Whoajfeircd 
and  was  sworn.]  Pray  what  day  was  it  >m 
went  fi^m  London  to  Berkshire  ? 

Mrs.  Meux,  The  day  before  my  lord  Boisd 
was  tried. 

Braddon,  What  expressioa  did- yon  b«r 
fi-om  a  gentleman  in  the  coach? 

L.  C.  J,  We  must  not  suffer  such  a^pMrtMi 
to  be  asked,  that  is  not  evidence. 

Braddon.  My  knd,  I  ask  the  qttaitioiiio|^ 
neral  terms,  wlnt  she  heard  sock  a  day  ? 

X,  C.  J,  Does  she  knaw  any  iijiogd^ 
own  knowledge  ? 

Braddon,  She  can  tdl  what  «lMhcard,B7 
lonl. 

X.  C.  J.  'TIS  no  evidence. 

Braddon.  Will  your  lordship  plwe  labMi 
what  she  sigrs  ?     - 


1189]  *       STATE  TRIALS,  36  Ch ARLBS  It.  1684.— /or  a  Misdemeanor.         [  1 1 90 


L,  C.  J.  No,  I  will  not  hear  wha^  I  should 
not  hear ;  let  her  speak  what  she  knows. 

Bruddon,  She  knows  this,  that  a  woman  told 
her 

L,  C.  J.  Ask  your  counsel,  whether  that  be 
evidence.  If  you  will  not  be  satisfied  with 
what  I  say,  ask  them? 

Mr.  Wallop.  She  proves  a  report. 

X.  C.  /.  1  ask  it  of  yon,  air.  Wallop  ;  Is 
what  another  said  to  her,  evidence  in  this  case  ? 

Ulr.  Wallop.  My  lord,  if  really  there  was 
such  a  report 

L.  C.  J.  Is  that  evidence? 

Mr.  Wdilop,  Tis  evidence  there  was  such  a 
talk,  and  that  is  evidenoeof  the  probability  of 
the  thing.  > 

L.  C  J.  m  leave  it  to  yourself,  if  you  as 
a  lawyer  say  it  is  evidence,  we  will  hear  it,  be- 
cause you  say  so ;  but  1  believe  you,  nor  no 
body  else  will  ofler  to  say  any  such  tbing't 

fSr.  Wallop.'  My  lord,  we  lay  it  before  the 
court,  as  part  of  the  ground  upon  which  we 
went,  in  our  being  concerned  in  this  business. 

L.  C.  /.  lathatajustiiication  of  Mr.  Brad> 
donf 

Mr.  Wallop,  Upoa  these  probalnlities  he  en- 
p^aged  in  this  matter,  and  to  prove  this  report, 
he  brings  this  gentlewoman  to  tell  what  she 
heard. 

L,  C.  /.  Why,  is 'what  the^  woman  told  her, 
evidence;  she  reported  a  report  to  me,  can 
that  be  evidence  ? 

Mr.  Wallop. .  My  lord,  with  submission,  we 
think  it  justifies  Mr.  firaddon,  that  he  went 
upon  these  grounds. 

X.  C.  /.  Where  is  the  woman  that  told  her? 
TFhy  is  not  she  brought  ? 

Mr.  Wallop,  They  say,  she  is  so  big  with 
vhlM  she  can*t  come. 

X.  C  J,  Why,  if  that  woman  were  here 
berself,  if  she  did  say  it,  and  would  not  swear 
it,  we  could  not  hear  her ;  how  then  can  her 
saying  be  an  evidence  betbre  us  ?  I  wonder  to 
hear  any  man  that  wears  a  gown,  to  make  a 
doubt  of  it. 

Braddon,  I  desire  Jeremy  Burgis  may  be 
Cilled.    [Who  appeared  and  was  sworn.] 

Mr.  Wallop,  What  can  you  say  about  the 
report  in  tlie  country  ? 

BurgiM.  I  was  at  Frome  about  my  business 
<m  a  Friday 

L.  C.  J.  Why,  gentlemen,  what  are  yre  doing 
all  this  time?  Do  you  think  we  sit  here  for  no- 
thing ?  Is  not  this  the  first  time  that  a  report 
was  given  as  evidence  in  Westminster-hall  ? 

Mr.  Freke.  My  lord,  we  are  necessitated  to 
XUie  this  sort  of  evidence. 

X.  C.  J.  I  tell  you,  Sir,  it  is  no  evidence,  be 
necessitated  what  you  will. 

Mr.  Freke.  My  lord,  they  have  produced 
Chis  man^s  letter  that  was  taken  about  Mr. 
Braddon,  that  is  produced  in  evidence  against 
him :  Now  this  man  comes  to  giv«  an  account 
how  he  came  to  write  that  letter. 

X.  C.  J.  But  he  shall  not  give  an  account 
hy  a  report  in  the  cjuntcy. 

Burgis.   It  was  written  to  the  landBord  of 


tife  house  where  I  quartered,  that  he  might 
give  notice  to  Mr.  Braddon  of  a  discourse  iTiat 
passed  in  his  house  that  Friday,  of  a  report 
that  was  there  concerning  the  earl  of  Essex'n 
murdering  himself. 

Atl.  Gen.  Had  the  master  of  the  house  told 
you  any  such  thing  ? 

Burgis.  No,  he  had  not  told  me  so ;  but  I 
heard  it  in  the  house*. 

X.  C.  J.  Of  whom  did  you  hear  it  ?  who 
told  you  so  ?  ^ 

Burgis.  Sir,  I  was  a  stranger  there. 

X.  C.  J.  They  can  never  tell  any  of  tliem, 
who  it  was  first  reported  it,  nor  particularly 
who  told  it  them  ;  but  it  was  reported  by  some 
body,  we  don't  know  who. 

Beech:  Under  favour,  my  lord,  I  rode  di- 
rectly to  the  postmaster  at  Frome,  whither 
this  fetter  was  directed,  and  by  the  way,  tberie 
is  a  remark  in  the  letter  of  an  alteration  of  the 
figure, .  it  is  interlined  the  IStli ;  it  was  not  so 
before,  to  hit  the  day  exactly  of  the  murder  of 
the  earl  of  Essex ;  and  when  I  came  thither, 
the  pNOStmaster  told  me,  there  was  no  such  re- 
port in  his  house,  nor  in  the  whole  town  at  thdt 
time. 

X.  C.  J.   I  desire  to  know,  upon  your  oath, . 
who  toM  you  that  report  ? 

Beech,  Sir,  I  do  not  know ;  I  was  a  stranger 
there. 

X.  C.  J.  Was  It  a  man  or  a  woman  ? 

Burgis.  Re  did  not  tell  his  discourse,  to  me. 

X.  C.  /.  But  thou  could'st  guess  by  the  ha- 
bit, whether  it  was  a  man  or  a  woman?    . 

Burgis.  It  was  a  man. 

X.  C.  J.  Who  did  he  tell  it  to  ?  ^ 

Burgis.  The  eompany  in  the  house. 

An.  Oen.  Pray,  let  him  tell  how  Mr.  BnuU 
don  came  to  speak  to  him  about  it? 

X.  C.  J.  Shew  him  that  letter.  Look  upon 
it,  friend ;  Is  that  your  hand  ? 

Burgis,  Yes,  it  is. 

X.  C.  J.  When  did  you  put  that  figure  of 
13  in  ?  There  was  another  figure  before,  and 
tKat  is  blotted  out. 

Burgis.  It  was  a  mistake  in  me,  1  mistook 
the  day,  and  I  corrected  it. 

X.  C  J.  When  did  you  correct  it-?  idlov 
soon  didyou  correet  it?— Burgts.  Presently. 

X.  C.  J.  What  day  had  you  put  ki  first  ? 

Burgis.  The  6th  day. 

X.  .C.  X  Ay,  but  that  was  not  the  right  day, 
man. 

Burgis.  It  was  a  great  while  after,  and  I  did 
not  expect  to  be  brought  in  questioii^  for  any 
such  thing. 

X.  C.  X  How  long  aAer  ? 

Burgis.  Six  weeks. 

X.  C.  X  How  earnest  thou  to  recollect,  to 
make  it  from  the  6th  to  the  13th,  six  v^rjseks 
atter? 

Buirgis.  Mr.  Braddon  was  there  when  I  hiii 
writ  it. 

X.  C.  X  And  he  corrected  it,  did  he? 

Burgis.  He  said,  that  thai  was  not  the  day 
of  my  lord's  death. 

X.  C.  X  You  had  written  it  the  6th,  and  he 
put  you  in  mind  of  the  13th  ?— Btirgii.  Yes. 


1191]  STATE  TRIALS,  36 Charles  IL  1684.— TrM  «^  JBf«AiMiMuIS/eb,  [i]3i 


An,  Gen,  And  he  was  to  be  the  meflsenger 
that  carried  the  letter  himself  P 
Burgis,  Yes,  he  was. 
SoL  Gen.  That  is  ?ery  well.      I  suppose, 

Sntlemen,  you  hear  what  he  says,  he  says, 
r.  Braddon  was  there,  and  told  him  that  was 
not  the  day.  . 

X.  C.  J.  Ajr,  Mr.  Braddon  said,  You  have 
mistaken  the  time,  that  will  not  do  it,  it  must 
be  the  iSth. 

Att.  Gen.  Pray  let  me  know  one  thing, 
who  recommended  Braddon  to  you  ? 

JBttrru.  Indeed  I  can't  tell. 

X.  C.  J.  Who  did  be  say  he  came  to  you 
from  ?    Tell  the  truth,  upon  your  oath. 

BurgU^  Sir,  I  was  at  work  at  my  business, 
•ad  knew  nothing  of  his  coming. 

X.  C.  J.' What  trade  art  thou  ? 

l^uruii,  Apinmako*. 

X.  C.  /.  Where  do  you  Hra  f 

Burei$.  At  Marlborouffh. 

X.  C.  J.  How  came  Mr.  Braddon  and  you 
aoouainted  f 

JSitrgii.  Sir,  I  will  tell  you ;  I  was  at  work 
at  my  trade,  and  there  came  down  a  gentleman 
that  lives  m  our  town  to  me,  and  asked  me*— 

X.  C.  /.  What  is  that  gentleman's  name? 

Burgit.  Mr.  Butcher.  ' 

X.  C.  X  What  is  that  Butcher  ? 

BurgU.  \  gentleman  that  Ures  in  Marlbo- 
rough, a  grazier  by  trade.  He  came  and' told 
me,  there  was  a  gentleman  came  from  London, 
about  the  business  now  in  dispute — 

X.  C.  J.  Prithee,  what  was  spoke  of?         y 

Burgis,  It  was  concerning  the  earl  or 
Essex's  'death.  And  he  desired  me  to  speak 
what  I  heard  at  such  a  time. 

X.  C.  J.  Who  had  yon  told  what  you  heard 
first  to  ?  You  must  have  told  it  to  somebody ; 
who  didjou  tell  it  to  first?     ' 

BurgU,  Indeed  I  can't  directly  say  who  I 
did  tell  it  to. 

X.  C.  X  Had  you  told  that  gentleman  of 
your  town,  Butcher,  as  you  call  him  ? 

^urjtis.  No,  not  that  I  know  of. 

X.  €.  X  Well,  when  he  came  to  you/  what 
then? 

Burgis,  He  desired  me  to  go  to  Mr.  Brad- 
don to  the  White  Hart.  And  so  I  went  up  to 
the  White  Hart ;  and  when  I  came  to  Mr. 
Braddon,  I  told  him  what  I  bad  heard  at  Frome. 

X.  CX  And  what  then? 
*  Burffis.  Then  Mr.  Braddon  asked  me  the 
same  night,  whether  1  would  go  down  widi  him 
to  Frome,  and  I  oould  not;  so  then  he  desired 
me  to  write  a  letter  to  recommend  him  to  the 
bouse  where  I  had  heard  it. 

Sol.Gen.  Andyou  did  write  that  letter  ? 

Burgis,  Yes,  i  did  so. 

Att.  Gen.  Yourlordahipohaerres,  this  bouse 
was  the  post-house,  to  be  sure,  to  have  it 
spread  in  public  places. 

Sol.  Gen.  Did  you  tdl  Botcher  of  your 
knowledge,  before  lie  carried  yoa  to  Braddon  f 

Bttrgis.  Yes,  Sir,  I  did. 

SoL  Gen.  When? 

Burgis.  Then,  at  tliM  tiM«. 


Sd.  Gen.  Did  he  ask  you  of  ymu  kanr. 
ledge,  or  did  you  tell  him  voluntarily  ? 

Burgis.  He  asked  me  if  I  mnemberedanjr 
such  tmng  as  I  had  spoken. 

Sol.  Gen.  Why,  had  you  ^e  of  it  Mr? 

Burgit.  Yes,  I  had. 

Sol.  Gen.  Ji'id  he  tell  you  upon  whoie  »> 
commendation  be  came  to  you  ? 

Burgis.  I  do  not  know  upon  whoie  rcobi- 
mendation  he  came.      • 

L.C.J'  When  you  writ  this*  letter,  did  be 
dictate  it  to  you,  or  did  you  write  itof  youndf? 

Burgis.  1  writ  it  of  mya^.     , 

X.  C.  J.  Did  be  teU  yoa  what  you  dmdd 
write? 
.  Burgis,  I  shewed  him  what  I  had  wiittai. 

X.  C.  X  And  wlien  you  writ  it,  of  yoondf 
you  put  in  the  6th  day? 

Burgis.  Yes,  I  did  so. 

X.  v.  J.  What  he  did  say  then  ? 

BurgU.  Mr.  Braddon  skid,  it  was  the  ISth 

day. 

5b/.  Gen.  Why  did  yon  shew  Braddooyoo 
letter  atUr  you  had  written  it? 

Burgis.  He  came  to  my  bouse  before  I  hid 
sealed  it. 

X.  C.  X  But  why  did  you  shew  him  tbe 
letter? 

Burgis.  He  desired  a  letter  to  reconunend 
him  to  that  man  at  whose  house  I  heard  it 

SoL  Gen.  What  was  he  to  be  recommended 
to  him  for  ? 

Burgis.  It  was  to  desire  bim  to  inquire,  wiio 
brought  the  news  first  to  town. 

Sol.  Gen.  You  say,  he  desired  a  letter  rf 
recommendation  ? 

Burgis.  Yes,  it  was  to  recommend  him  to 
that  roan. 

SoL  Gen.  That  you  may  not  be  in  a  mislike, 
pray  recollect  yourself;  for  there  is  not  one 
word  of  recommendation  in  the  letter.  Tcfl 
the  true  reason,  why  yoa  shewed  him  the 
letter  ? 

Burgis.  I  can't  tell  any  other,  but  only  he 
came  before  I  had  sealed  iL 

SoL  Gen.  Did  he  desire  to  see  it  ? 

Burgis.  No,  but  the  letter  lay  writ  open  the 
table. 

SoL  Gen.  Was  the  master  of  the  post-booR 
at  Frome  present,  when  that  report  you  tdk  of 
was  made  r 

Burgis.  I  cannot  rightly  say,  whether  he 
was  or  no. 

X.  C.  J.  How  comest  thou  to  put  it  in  tbu: 
This  bears  date  a  pretty  while  ago,  Bhifto- 
roogb,  Aug.  31,  and  that  was  a  good  dietuoe 
of  nme  from  that  report  that  thou  talkest  of: 
How  comest  thou  then  to  say,  These  sre  to  d^ 
sire  you  to  call  to  mind.  That  I  was  at  Frome 
such  a  time,  and  heard  such  a  rep<Nt :  If  he 
was  not  then,  why  should  he  call  to  ibiod? 
What  didst  thou  mean  by  that  calling  to  mind? 

Burgis.  I  would  have  had  him  cslled  to 
mind  my  being  at  his  house  at  that  time. 

X.  C.  X  But  if  he  was  not  there,  whT  didit 
thoa  ask  bim  to  call  to  mind  that  report? 

Burgis.    He  might  bear  of  it  firom  ««* 


1 195]        STATE  TRIALS,  36  CRAm^ss  IL  l6M.--fvr  a  Miidemeanar.        [i  194 

bered  the  true  time ;  foryou  eame  from  Fiwnc 
to  Mariborough  on  the  Saturday  night,  and 
then  you  beard  there  the  cari  of  £8sez  had  col 
bia  throat  the  day  before;  and  when  they  totd 
you  so,  you  cried  out,  how  can  that  beP  It 
must  be  done  before;  for  yesterday  I  heard  of 
it  at  Frome  Before  five  of  the  clock. 

Just.  Wiihins.  Did  not  MnBraddon  himself 
t^  you,  you  had  mistaken  the  day  ? 

Braddan.  Sir,  it  was  from  this,  he  told  thia 
whole  stor]^  that  I  just  now  npeafted,  that  the 
Saturday  night  he  was  told,  that  the  earl  had 
cut  his  fiirwt,  and  replied  to  them,  that  he  had 
heard  at  Froine,  the  day  before,  that  he  was 
murder^,  and  then  I  said,  that  must  be  tht 
lath. 

X.  C.  J.  How  came  you  to  tell  that  man, 
you  had  a  letter  from  Burgps? 

Braddon,  No,  my  lord,  I  did  not  tell  him 
any  such  thinr.  * 

L.  C.  J.  Mr.  Beech^  did  not  he  teB  you  he 
had  a  letter  from  Burgu  ? 

Beech,  He  told  me  he  came  down  upon  the 
information  of  this  Burgis. 

L,  C.  J.  And  he  swears  he  ne?er  saw  hiiA 
before,  nor  never  writ  to  him. 

iBraddon.  You  ask  me,  whether  I  had  le* 
ceived  any  letter  from  this  Burgis.  I  told  yoa 
I  had  a  letter  of  recommendation  to  Mr. 
Butcher,  thinking  he  had  been  die  person  that 
had  reported  it,  and  Mr.  Butcher  went  to  tfib 
person  and  brought  him  to  me,  and  he  told  me 
what  he  heard. 

Beech,  I  nerer  heard  of  the  name  of  Butdicr 
'till  now  he  mentioned  it. 

Braddcn.  My  lord,  I  will  call  no  move  wit- 
nesses. 

Att.  Gen,  Your  lordship  and  the  jury  ob- 
serve, I  suppose,  liis  confident  behaFiour. 

L,  C.  J.  Ay,  He  IB  no  more  concerned  at 
it,  than  if  he  had  be^n  doing  the  most  justifiable 
thinff  in  the  world. 

w.  Thompion,  My  lord,  I  hare  but  one 
word  to  add  on  the  behalf  of  Mr.  l^ke,who  is 
likewise  joined  in  this  information.  Trulyy 
Mr.  Speke  is  a  young  gentleman  of  some 
qualitv,  his  &ther  is  of  very  good  quality.  Mr* 
Braddon  was  of. his  acauaintanoe,  and  bein^ 
his  acquaintance,  and  thus  concerned,  as  you 
have  heard  in  the  prosecution  of  this  business  ; 
he  hearing  of  these  reports,  and  resolving  te 
go  down  into  the  country  about  it,  desired  Mr. 
Speke  to  lend  him  his  mao  ^d  his  saddle,'  for 
he  was  going  into  the  country.  Mr.  Speke  in- 
quires what  his  business  was,  whereupon  he 
told  him  it  was  to  ioquire  about  some  persons 
that  had  reported  something  relating  to  the  earl 
of  Essex's  death.  And  being  to  go  into  the 
country  where  Mr.  Speke,  who  was  that  coun- 
try-man, had  some  acquaintance,  upon  this  he 
desires  him  to  write  him  a  letter,  to  recommend 
him  to  some  persons  of  credit.  He  did  write  that 
letter,  but  was  never  concerned  in  this  business, 
either  before  or  ai'ter,  and  this  is  the  whole  of 
the  case,  as  to  this  Mr.  Speke. 
.  Mr.  Soeke,  My  lord,  I  desire  I  may  speak 
one  wora  for  my  setf. 


otfier  at  thot  time,  though  he  might  not  hear 
it  in  that  company  where  I  was. 

Sol,  Gen,  There  is  a  riddle  in  it,  if  we  could 
but  solve  it. 

L>  C.  J.  No,  no,  Mr.  Solicitor,  the  riddle  is 
unfolded ;  it  is  a  plain  contrivance. 

Ati,  Gen.  Pray,  from  whom  did  he  tell  you 
he  was  recommended  ? 

Mr.  Recorder,  How  came  you  to  talk  so  to 
e  stranger,  Sir,  whom  you  never  aee  before, 
about  such  a  business  ? 

Burgis,  He  was  recommended  to  me  by  Mr. 
Butcher,  as  I  told  you,  who  carried  me  to  him. 

Att,  Gen,  9ut  who,  as  Braddon,  or  Butcheir 
told  you,  did  recommend  him  fint  to  come 
dosm  thither  to  you? 

JLC,  J,  Upon  your  oath,  Sir,  who  did  But- 
cher tell  you  he  came  fit>m  ? 

Burgis,  I  have  forgotten.  Sir;  I  do  not  re- 
merabo*. 

Mr.  Recorder.  Was  it  not  a  non-oonformist 
t»arson,  Sir,  up6n  your  oath  ? 

Burgis,  Sir,  I  cannot  remember. 

Att,<Gen,  Mr.  Beech,  do  you  know  any 
particular  person  that  Braddon  said  he  came 
recommenaed  from  P 

Beech,  I  can  tell  what  account  Braddon  gave 
of  his  journey  himself:  He  said,  he  had  a  let- 
ter that  came  particularly  from  this  man  to 
London,  to  bring  him  down  into  the  west: 
8aid  I,  when  came  you  out  of  London  ?  I 
came  on  Thursday,  said  he :  Where  did  you 
lodge  a  Thursday  night?  At  Ockingham. 
Sliid  1,  That  is  not  your  way  to  Marlborough : 
Where  £d  you  lie  the  niext  night  ?  He  tdd  me, 
at  one  Yenable's;  and  the  next  night  at 
Cbfclisbui^,  I  think. 

X.  C.  J.  I>id  Braddon  tell  you  he  had  a 
letter  firom  that  man  ? 

Beech,  He  said  a  letter  from  that  num 
brought  him  down  into  the  West. 

L,  C,  J,  Burgis;  Did  you  send  him  ever  a 
letter  ? — Burgis.  No,  I  did  not. 

Beech.  He  said  he  came  down  purposely 
upon  this  report. 

Att,  Gen.  What  said  the  postmaster  to  you, 
Mr.  Beech  ? 

Beech,  if  yon  please  to  give  me  leave  to 
speak,  I  will  tell  you :  I  did  desire,  that  Mr. 
Braddon  might  hare  no  pen  and  ink,  and  pre- 
seotly  I  rid  away  to  Frome,  to  this  postmas- 
ter's nouse,  and  spake  with  the  postmaster,  and 
all  his  fomily :  We  then  examined  them  all, 
and  there  was  no  such  report  in  that  town  until 
the  Sunday  after. 

Sol,  Gen,  He  was  persuaded,  sure,  all  peo- 
ple would  say  just  as  he  would  have  them. 

Mr.  l%ong)son,  Wefl,  Mr.  Braddon,  who  do 
you  call  next  ? 

Sol.  Gen,  Nay,  I  desire  this  man  may  go 
on :  for  methinks  he  mends  every  step  he,  goes. 

Braddon,  Mr.  Burgis,  do  you  remember  iiow 
it  was  that  you  came  to  recollect  yourself  and 
to  know  it  was  the  iSth,  and  not  me  6th  r 

L,C.J,  He  says,  you  told  him. 

Braddon.  Pray,  Sir,  remember'  yburaelf, 
whether  you  did  not  say  yourself  yoaremem- 


1195]  STATE  TRIALS^  36  Cha&lbs  11.  iS^k.-^Tfitd  ^ Braddan  tmiSpeke,  [1196 


L,  C.  J.  Ay,  say  wbnt  yon  will. 

Mr.  Speke.  My  lord,  one  day,  some  time 
After  Mr.  Braddon  bad  eoocemed  himself  ia 
tbi«  thing,  1  met  him  casually  and  acetdentally, 
aiid  he  was  telfoig  me  somewhat  of  tl|e  matter. 
And  after  this,  one  night  as  I  was  going  to 
bed,  between  10  and  11.  at  night,  somebody 
knooked  hard  at  my  door.  My  man  went  to 
the  door,  and  opened  the  door,  and  Mr.  Brad- 
don comes  in,  and  tells  me,  he  desired  the'fa- 
▼our  of  me,  that  I  would  lend  him  my  man,  and 
lend  him  my  saddle.  He  being  my  acouaint- 
ance,  and  I  knowing  him,  1  was  willing  to 
do  him  that  kindness ;  and  asking  him,  whither 
be  went?  He  told  me  he  was-^ing  down  to 
Marlborough,  and  he  told  me  he  bad  beard  that 
my  lord  or  Essex's  death  was  discoursed  of 
there  in  the  country  that  day  it  was  done ;  be- 
«des  other  things  of  a  boy  and  of  a  girl,  that 
could  proTe  such  and  such  things.  Said 
I,  This  is  a  thing  of  great  concernment,  and 
I  would  have  you  tale  good  advice  in  it,  be- 
fare  yoa  proceed,  because  (Uherwise  it  may  be 
a  reflection  upon  the  government ;  therefore, 
said  I,  I  would  not  have  you  proceed  to  concern 
yourself  further  in  this  thing,  but  take  the  ad- 
Tioe  and  judgment  of  some  prudent  and  discreet 
personior  other,  that  you  may  do  nothing  but 
what  is  according  to  law.  1  was  never  at  all 
ooncomed,  nor  knew  anything  of  the  husi- 
Bess  but  what  I  heard  Irom  Mr.  Braddon  at 
first.  And  before  he  came  into  my  chamber, 
I  knew  nothing  of  his  coming;  and  I  writ 
this  letter,  because  he  should  not  oonoem  him- 
self without  the  advice  of  some  person  that  I 
thought  was  able  to  advise  him,  tnat  he  might 
do  nothing  that  might  bring  him  within  the 
danger  of  the  law,  or  reflect  upon  the  gorem- 
ment. 

Just.  Hollawtty.  And  you  advised  him  to  go 
by  the  name  of  Johnson,  not  Braddon. 

Speke,  It  was  late  at  niffht,  and  I  had 
been  at  the  tavern  drinking  a^otlle  of  wine  or 
two  with  a  friend,  and  might  not  so  well  con- 
sider what  I  did  write. 

L.  C.  J.  But,  Mr.  Speke,  You  hear  what 
you  writ,  *<Werow  against  stream,  and  we 
thank  you  for  the  ooontenance  you  hare  given 
to  us.  And  here  is  a  worthy  gentleman,  Mr. 
Bfaddon,  who  is  a  yery  proper  man  for  the  de- 
sigii  be  has  m  hand,  and  none  betti^  than  he, 
and  when  you  afewith  him,  you  may  discourse 
freely ;  and  he  is  a  true  man,  and  a  stout  man, 
and  fit  to  be  trusted ;  but  he  must  not  go  by 
the  name  of  Braddon  but  of  Johnson.** 

Speke,  My  lord,  the  reason  was,  because 
he  was  not  persooAlly  known  to  sir  Robert 
Atkyns ;  and  for  Inm  to  go  ()own  directly,  and 
to  have  it  reported,  one  of  such  a  name  came 
lo  air  Robert  Atkjns,  who  was  a  man  that  had 
retired  himself  into  the  country' from  all  pub- 
lic concern,  I  thoi^ht  not  so  well. 

Z.  C.  /.  Vilty  md  you  trouble  him,  if  he  was 
m  retired  ? 

Speke,  I  had  particular  concerns  of  my 
«WB^  that  sir  Robert  Atkyns  was  pleased  to 
ooDoero  himaelf  for  me,  and  I  Jmeir  fahn  a 

/ 


pradent  man,  that  would  advise  bim  notluQ^ 
but  accordiotf  to  law. 

L.  C.  J,  You  shoflfd  not  hare  distoiM  bim 
in  his  privacies,  Mr.  Speke. 

Speke.  My  Jord,  1  never  was*  any  ofter 
way  concerned,  I  knew  nothing  of  the  matter. 

L,  C.  J.  You  had  done  well  if  you  had  ml 
concerned  yourself  about  it  at  all. 

Sol.  Gen.  **  Most  here  do  fear,"  yon  nv, 
« that  he  'will  be  eidier  stabbed  or  knocked  on 
the  head,"  and  therefore  you  lent  him  yoor 
man  to^uard  him  I  suppose. 

8p€ke.  He  desiredf  me  to  'lend  him  m 
man,  because  he  did  not  know  the  way  so  well 
nimselt. 

Sol,  Gen.  But  why  vras  there  sneh  ftar 
about  him  P 

Speke,  I  know  nothing  at  all  of  the  matter, 
hot  what  I  had  from  Mr.  Braddon.    ■ 

X.  C:  J.  Ay,  we  live  in  such  a  stabbiDg  age, 
that  such  an  extraordinary  gentlemao  as  Mr. 
Braddon ,  that  is  such  an  extraordinary  goodlVo* 
testant,  can't  walk  the  streets  for  fear  of  beJn; 
murdered. 

Speke,  My  lord,  I  writ  it  such  a  time  of  Ae 
night,  after  I  had  been  at  the  tavern,  that  I 
know  not  well  what  I  writ. 

Just.  WitheM.  Mr.  Spcka,  Yon  see  what  a 
sort  of  a  man  he  is,  upon  the  evidence  that  ludi 
been  given. 

Speke,  Truly,  my  lord,  I  never  knew  aaj 
thing,  but  what  I  had  from  him. 

Sol,  Gen,  But  to  make  the  country  b^c^ 
that  there  were  such  endeavours  here  to  stilh 
any  thing  that  might  give  light  into  the  murder 
of  the  earl  of  Essex,  there  must  be  great  cao- 
tion  used  to  conceal  his  name. 

L,  C.  /.  Yes,  being  such  a  virtuous  man,  ai 
Mr.  Braddon,  there  \\  as  great  need  of  all  circom- 
spection  and  care  to  preserve  him  :  Why  did 
not  he  get  his  life-guard  to  keep  him  Aoa 
the  danger  that  was  thought  so  near  him.^ 

Sol.  Gen.  They  had  not  raised  them  as  yet, 
but  he  was  contented  at  present  widi  Mr. 
Speke's  man. 

Speke.  My  lord,  I  am  wholly  innocent  ia  aQ 
this  inatter. 

L,  C.  J,  Would  to  Ood  you  were  hmoccDt 
Yon  are  a  man  of  quality,  Mr.  Speke,  f  koow; 
I  should  be  glad  yon  were  innocent  with  all  my 
heart.  But  when  men  forget  their  stodiea  m 
their  own  business,  and  take  upon  them  die 
politics  without  being  called  to  it,  tfaid  puts 
them  into  frenzies,  ^d  then  they  take  all  op- 
portunities of  shewing  themselves  men  of  zeal. 

Att.  Gen,  We  need  but  read  the  kUer 
which  Mr.  Speke  has  owned,  and  you  will  say 
it  is  ten  times  worse  than  what  Mr.  Braddon  m 
done. 

X.  €.  J.  Nay,  I  will  not  have  Mr.  Biaddaa 
topped  upon  for  all  that,  I  assure  yon. 

Att,  Gei^.  Mv  lord,  if  you  read  it  once  again, 
yon  will  find,  mat  he  therem  owns  it  all,  and 
pins  tlie  basket  upon  hhnself. 

L,  C,  J.  Indeed,  Mr.  Attorney,  I  will  art 
have  such  a  reflection  put  upon  Mr.  BradAui 
Hud  any  man  should  be  a  gnester  ador  in  dM 
busioesathanfae. 


1197]        STATE  TRIAI£,  3«CVMtli  II.  iSu.-^fer  a  Mttdemionm^.        [iig» 


Speke,  My  lord,  I  writ  U«t  night  aAir  a 
bottl«  of  wine,  aoU  other  people  may  be  nis- 
laken  as  well  as  I. 

X.  C.  J.  If  some  of  these  geatlsnieii,  that 
BAwand  then  think  themsehres  better*headed 
than  othors,  and  that  are  so  eztraordtnarily 
concerned  to  preserrf  our  rdigion,  but  are 
ffenerally  much  Doistaken,  were,  and  I  observe 
their  nustakes  are  always  on  the  wrong  side ; 
I  wish  y^ou  could  have  gone  and  recoUocled 
yourseli  next  morning,  Mr.  Speke,  and  then 
the  mistake  had  been  more  pannoable. 

Speke,  I  writ  nothing  as  to  matter  of  fbct, 
but  what  he  told  me,  and  I  could  hardly  re- 
collect it  next  morning,  when  he  was  gone 
away. 

Mr.  Biteorder,  My  lord,  we  shall  prove  he 
has  bragged,  that  is,  fSfr.  Braddon,  That  he  was 
tbe  only  inventor  of  the  Protestant  Flails,  an 
instrument  you  have  heard  of,  gentlemen,  and 
for  what  us&  designed. 

Xn  C.  J.  BmL,  brother .Jenner,  that  is  nothing 
to  tbe  purpose  now,  what  he  was  before  this 
business,  or  what  he  was  after.  You  are,  gen- 
tlemen, to  try  him  upoa  this  indictment  only, 
and  are  not  to  mind  any  other  thing  at  all. 

Tlien  Mr.  Speke's  Letter  was  read  again. 

Att.  Gen,  Yon  see  gentlemen,  in  what 
strain  it  runs,  ^  we'  and  *  we' ;  be  nuifces  him- 
self a  considerable  party  in  the  design. 

X.  C  Jw  Ay, '  we'  tbank  yon  ftr  your  kind- 
ntes  towards  *  us,*  and  *  we'  hope  to  bring  on 
the  trial  of  the  earl  of  Essex,  beJhre  they  can 
any  of  those  in  the  Tower. 
.  i^ke.  He  told  me,  sir  Henry  Capell  «ud  it 
was  a  thing  too  ^eat  for  him  to  meddle  with. 
And  I  knew  nothing,^  but  what  I  had  from  him. 

X.  C.  J.  He  was  a  man  of  integrity,  and 
could  tell  you  nothing  but  what  was  true,  Mr. 
Speke. 

Mr.  WelUf,  My  loid,  All  I  can  say  for  Mr. 
Speke,-  is  this*  He  did  beMeve  Mr.  !6raddon's 
grounds,  as  he  told  him,  were  probable  to  go 
i^n,  but  he  knew  nothin|p  himself,  and  con- 
oemed  himself  no  further.  I  hope  tbe  jnry 
will  consider  of  it,  that  there  is  no  contrivance 
pronred  against  him 


though,  to  a  disoeming  eye  there  is  enough 
given  from  the  evidence  this  day,  to  make  it 
appesu*  to  be  a  oiest  malicKHis  and  scandalous 
centvivanoe^  to  hawk  about  ibr  eveiy  idle 
rumour,  to  pick  up  children  of  such  tender 
years,  and  make  them  swear  to  liny  thing  to 
serve  a  torn. 

Ati.  Gen,  My  lord  we  do  not  ciM  these  wit- 
nesses, as  if  there  were  any  doubt  of  it  in  the 
world. 

X.  C.  J.  But  we  live  in  an  age,  when  tmtii 
passes  for  nothing  in  the  world,  and  swearing 
and  fi>rBwearing  is  taken  for  a  thing  of  course. 
Had  his  zeal  teen  half  so  mvuh  for  truth  a^  it 
was  for  falshood,  it  had  been  a  commendable 
zeal.  But  when  men  are'  so  zealons  and 
fierce  for  such  vile  things  as  these  are,  it  is 
time,  of  my  word,  for  tbe  government  to  inter- 
pose. 

Att.  Gen,  It  is  not  to  satisfy  the  coort  nor 
theiary,  who  I  believe  are  all  of  ihero  already'' 
sufficiently  satisfied,  but  it  ist  to  satisfy  the 
world,  that  may  have  entertained  some  pre- 
judices from  this  conspiracy.  Call  Mr. 
Bomenev  in.  . 

Sol.  Gen.  Not  as  if  there  were  any  doubt, 
whether  Mr.  Braddop  were  t|^  malicious  in- 
ventor of  this  report  at  the  beginning,  and  went 
down  into  tbe  country  to  spread  it.  The  evi^ 
deoce  has  been  Aill,  and'by  bis  own  manage- 
ment of  his  defence,  he  has  proved  it  himself^ 
and  seems  by  hb  confidence  to  justify  it.  But 
we  shall,  to  give  the  world  some  satisfaction^ 
call  some  that  iFimited  upon  tbe  earlin  the  Tower^ 
and  others  that  saw  him  when  dead,  that  will 
give  a  confutation  to  any  thing  that  could  be 
supposed,  as  if  my  Jord  of  Essex  had  not  mur* 
dered  himself. 

Then  JBomAR^.was  sworn* 

X.'C.  J.  I>id  you  wait  upon  this  unfortunate 
gentleman,  my  lord  of  Essex  ? 

Bomeney.  .  Ycs,  my  lord. 

X.  C.  X  Well,  what  do  you  know  of  liis 
death? 

Bomeney.  I  went  with  him  from  Whitehidl, 
and  I  stayed  with  him  all  the  while  he  was  in 
the  Tower. 


X.  C.J.   Nay,  Mr.  Wallop,  though  we  inter>«  \     X.  C.J,   How  came  he  by  that  unhappy 
Dted  von  in  makiDGr  remftrlts  nnon  «rerv  wtt-  rend,  pray  ? 

Bomeney.   When  we  were  at  his  lodging. 


rupted  you  in  makiog  remarks  npon  every  wit 
i]ess,yetnow  make  what  remarks  npon  what 
bath  been  said,  that  you  will. 

Mr.  Waliop.  B#v  lord,  I  shall  leave  it  to 
your  lordship  and  the  jury,  hew  for  they  think 
tbedefondant  ^oilty  of  this  information. 

Att.  Gen.  My  lord,  We  have  indeed  given 
as  great  an  evidence  as  ever  was  given  T  think 
of  any  olfouoe.  Bat  to  clear  up  the  matter, 
that  it  was  impossible  for  any  man,  unless  the 
roost  maliciously  and  villainously  inclined 
against  the  government  and  peace  of  the  king- 
dom, that  can  be,  to  imagine  such  a  thing, 
much  less  spread  such  a  report,  we  will  call 
you  two  or  three  witnesses  to  prove,  that  tbe 
earl  of  Easex  murdered  himself. 

X.  C.  J.  It  is  necessary,  Mr^  Attorney,  I 
think,  for  you  so  to  do,  to  sadsfy  the  world, 


my  lord  u^  to  call  for  a  penkntfo  to  cut  his 
nails  of  his  hands  and  feet,  and  he  then  had 
long  nails,  and  said  to  me,  give  me  your  pen- 
knire  to  cut  my  nails ;  said  I,  my  lord,  I  nave 
none,  I  came  in  haste,  but  I  will  send  to  morrow 
for  one ;  and  theoefore  I  sent  Our  footman,  one 
William  Turner;  to  whom  I  gave  a  little  note 
ibr  provisions,  and  among  other  things  which  I 
writ  directions  to  the  steward  to  send,  there  was 
a  Kttle  line ;  *  Pray  send  a  pen-knifo  for  my 
'  lord.'  He  brought  some  provisions,  but  he 
did  not  brin^  a  pen-knife  on  the  Thursday,  be  • 
cause  he  said  he  had  none,  but  he  woula  send 
one  the  morrow  after ;  I  sent  William  Turner, 
the  morning  afWr  very  early,  and  gave  him 
another  little  note  for  provisions ;  and^  among 


1199]  STATE  TRIALS,  56CttAEtES  II.  l6U.^1>id^BraidmMdSpdf€,  [19M 


«tbertfaiiinl  wrilmUieMtey  ^Donotfinget 
*  the  peo-KDife  for  my  fcNnd.'  He  went,  ud 
when  he  wae  ki  the  wi^,  my  lord  eent  the 
w«rder  to  aie,  to  oeH  ne.  I  came  to  my  lord, 
and  my  locd  uked>  It  the  fbotmao  oome  r  Haa 
he  broqffht  the  pen^-koife  ?  No,  my  lord,  said 
I,  but  rhope  he  will  not  itay  long,  beeauae  I 
■ant  him'  early.  Then  I  was  tanmig  to  oome 
down  from  the  chamber,  and  I  aaw  my  lord 
walking  in  the  room,  and  pidcing  of  hia.naila 
with  the  pen-knife — 

X.  C.J.  How?  With  apen-knifeP 
Bometuy,  No,  witfi  the  razor  that  I  gaTe 
him.  For  I  went  to  my  lord,  and  when  my 
lord  aaked  me  if  I  had  gotten  him  a  pen- 
knife, I  said  the  footman  was  not  come,  but  I 
hoped  it  would  come  immediatdy,  because  I 
aent  lum  early.  And  1  was  tummg  from  the 
chaoaiber,  thinking  1  had  done  with  my  lord, 
«nd  my  lord  caHed  me  again,.,  Hark  yon, 
Bomeney,  said  he,  I  can  do  it  with  one  of  your 
mors.  My  lord,  said  I,  I  will  fetch  one,  ao 
I  went  into  my  doaet  and  fetched  one.  And  I 
went  to  n^  lord,  and  when  he  had.it,  he  did  as 
if  he  picked  his  nails  with  it,  and  was  walking 
in  ibe  chamber.  I  locked  a  little  while  npon 
him,  and  turning  out  of  the  chamber  into  the 
passage,  where  I  talked  with  Um  warder, 
Russell  his  name  was,  and  when  I  looked  out  of 
the  window,  his  majesty  was  in  the  Tower, 
aad  there  was*a  great  bustle  in  the  street;  and 
when  1  had  talked  a  little  while  with  the 
warder,  I  went  down  into  my.closet  again,  and 
althesame  timothat  I  was  m  my  closet,  there 
came  the  footman,  and  one  with  him  )hat 
brought  the  prOTiskins,  and  he  gare  me-the'pen* 
knife,  and  fawe  nae  a  little  note,  that  he  had 
braiwbt  with  diie  provisions,  which,  he  said, 
Mr.  KHingsly,  that  was  our  steward,  bid  me  to 
•hew  that  to  my  lord. .  I  took  it,  and  went  up 
to  shew  it  to  my  lord;  I  fimnd  nobody  in 
my  lord's  chamber,  there  was  a  closet  there,  in 


BoMtncu.  luward,  mto  tiie  foon. 

L,  C.f.  And  so  his  feet  *bsiog  egtisit  it, 
it  oouM  not  easily  be  opebed. 

Att.  Gen.  How  big  is  the  closet  7 

Bomeney.  A  rery  Bttle  ckiset,  1  beliere  bo 
wider  than  that ;  andnhe  length  of  a  mta,  and 
a  ckMo-stool  at  the  upper  tad  would  fid  it  up. 
My  lord  ky  all  along  on  his  aide. 

Jitt.  Gen.  Did  you  obserre  your  lord  ns- 
laneholy,  Mr.  Bomeney? 

Bomeney.  Y^  he  was  meieDdioly.  Bd 
we  took  no  notice  of  it,  for  he  was  and  to  he 
so,  and  we  had  no  reason  to  snspectaoy  tlmg 
more  than  ordinary. 

Att.  Gen.  Dki  yon  find  the  raaor? 

Botneney.  Yes,  it  lay  by  him. 

Att.  Gen.  Whatbenuneoftenugor? 

Bomenof.  Thecoroner'sjury  hadit 

L.C.J.WM  there  any  window  io  M 
room,  where  the  close  stool  waa  F 

Bomeney.  Yes,  there  waa  a  window. 

L.  C.  J.  Waa  there  a  caaement  to  diat 
window? 

Bomentu,  Yes,  I  thrak  there  might 

Just  Witkent.  Which  way  does  that  wiadwr 
kK)k? 

Bomeney.  I  cannot  Tery  well  remenker,*/ 
knrd.  , 

Just  Withent.  Whidi  way  do  yon  thiskF 

Bomeney.  I  believe  it  is  upon  a  yard. 

£.  C.  /.  He  says  he  does  not  well  kaMr. 
But,  Mr.  Bomeney,  you  saw  Mr.  Rand  &e 
warder  in  the  same  fdaoe,  as  job  osdk  op 
again,  that  you  left  him  in  when  you  wot 
down? 

Bememy.  My  kxd,  I  went  down  bote  iittk 
while. 

Sol.  Gen.  Where  did  you  find  RoshI  the 
warder,  when  you  came  up  again? 

Bomen^.  At  the  guard. 

SoL  Gen.  IHd  you  find  him  in  the  sue 
posture,  when  you  went  up  again,  thit  yoo 


wnich  was  a  dose-stool,  and  that  I  found  shut,  I  left  him  when  you  went  down  ? 


and  thinking  my  lord  was  there,  I  would  not 
disturb  my  lord,  but  came  down  again,  and  staid 
a  little  w  bile,  in  so  much  as  I  thought  my  Iwd  by 
that  time  might  have  been  come  out  I  went  up 
again,  and  found  no  body  in  the  chamber,  but  the 
cbset-door  shut  still,  I  went  against  the  door, 
and  knocked  three  times,  and  said,  My  lord,  my 
lord,  and  nobody  answerbd :  then  I  looked 
.through  the  chink  of  the  door,  between  the 
door  and  the  wall,  and  I  could  see  blood,  and  a 
little  part  of  the  razor.  Then  I  called  to  the 
warder,  and  the  people  of  the  house,  and  they 
came  up  and  found  him  there. 

Att,  Gen.  Ha4  you  much  ado  to  open  the 
door,  or  could  you  open  die  door  easily  f 

Bomeney.  No,  the  door  could  not  Deepened 
easily,  I  Iluow  not  bow  they  opened  the  door, 
but  I  think  Russel  the  warder,  when  he  came 
up,  pushed  at  the  door,  but  could  not  open  it 
yery  far,  because  my  lord's  foot  was  against 
the  door,  and  so  they  had  much  ado  to  open 
the  door, 

Att.  Gen.  Which  way  does  the  door  open, 
•at  «f  tharoom,  or  into  the  room? 

2 


Bomeney.  Yes. 

Sd.  Gen.  Did  you  hear  of  any  body  tint 
went  up  else? 

Booieney.  No,  my  lord. 

SoL  Gen.  Then  we  will  caUMnRos^the 
warder  he  speaks  of.     [Who  was  swoni.] 

Ait.  Gen.  Pray  will  you  give  my  tord  as  •^ 
count  at  that  time  where  you  were,  and  whit 
was  done? 

Mr.  BMuel.  I  was  in  the  diamber,  not  op- 
poaite  against  my  lord's  chamber,  there  is  bat  a 
little  step  betwixt  the  doors,  the  stairs  oome  op 
betwixt  the  two  doors,  too  body  could  pi0 
backwards  or  forwards  but  I  must  see  tbas; 
for  I  was  then  waiter  at  that  time,  and  stood 
upon  die  s'uard ;  and  my  lord  asked  Mr.  Bo- 
meney, ^ethtfr  the  pen-knife  was  come ;  tod 
hetdd  my  lord,  no.  Then  says  he,  ^^f^^ 
your  razor,  that  will  do  it  And  my  lord  toos 
the  razor  in  his  hand,  and  the  door  wai  op« 
and  he  ivent  two  or  three  turns  in  the  room» 
with  thd  razor  so.  This  I  saw,  the  <loorbein^ 
i^n,  as  I  stood  in  the  passage.  My  ^^M. 
and  by  BDr.  Bomeney  goas  down,  and  vy  "V^ 


130 1]        STATR  TRIALS,  36  Charlbs  If.  l6S4.-/^  «  Mi$dm$awr.        [190f 

shut  the  door  to  him,  and  Mr.  Bomeney  staid 
below  a  little  while,  and  aderwards  comes 
Qp  agaiu.  And  my  lord  was  gone,  to  the  closet 
to  stool,  as  be  supposed.  8o  away  he  comes 
down  again,  and  staid  about  a  quarter  of  an 
hour,,  or  thereabouts.  And  this  I  see  all  my- 
self, mv  lord. 

X.  C.  J,  Had  any  person  been  there,  from 
Ibe  time  Bomeney  went  down,  to  the  time  he 
came  up  a^n  ? 

RtisseL  No,  my  lord,  there  was  no  body  went 
up  or  down  all  the  time,  but  Bomeney.  He 
came  up,  and  seeing  my  lord  was  not  come  out 
o^  his  closet  (this  I  did  stand  and  hear)  so 
be  puis  by  the  hanging,  and  looks  in,  and  sees 
Diy  lord  in  his  blooil,  lying  in  the  closet;  end 
he  makes  an  oration,  a  great  noise ;   with  that 


my  lord,  as  there  was  a  warder  abore,  so  there 
was  a  soldier  that  stood  at  the  door  below* 
And  while  he  staid  there,  there  could  not  any 
one  come  in,  nor  near,  but  he  must  observe 
them. 

Sol.  Gen.  Prav,  my  lord,  be  pleased  to  ad( 
Mr.  Bomeney,  how  long  he  kved  with  my 
lord? 

L.  C.  J,  How  long  had  yon  Uv^  with  my 
lord  of  Essex  ? — Bomeney.  Six  years. 

Just.  Wit  hens.  You  waited  on  him  in  hif 
chamber,  1  suppose  ? 


Bomeney. 
ckambre. 


Yes,  in  the  nature  of  fais  vulet  d^ 


Then  Lloyd  was  sworn. 

Mr.  Recorder.  Hark  you,  Uoyd,  yon  wer» 
I  stepped  two  or  three  steps,  bearinfl^faim  make  J  the  sentinel.  Give  an  account  where  y«H 
such  an  oration,  and  I  found  the  key  was  on  ^  stood  that  day  that  my  lord  of  Essex  murdered 
the  outside  of  the  door,  and  I  opened  the  door, '  himself? — Lloyd,  At  my  lord's  door. 


and  saw  him  lie  in  his  blood. 

.   X.  C.  J.   Codd  you  open  the  door  ^ith 


RuiseL  Y(»,  I  could  put  it  a  little  way  open, 
and  there  saw  him. 

L,  C.  /.   But  yon  could  not  put  it  qnite 
open? 
.  Rutsel.  No,  for  his  legs  lay  against  the  door. 

L,  C.  X  Was  it  a  narrow  closet? 

Russel.  Yes,  a  very  narrow  closet. 

X.  C.  X  In  what  posture  did  my  lord  lie? 

Russel.  He  lay  all.  along  on  one  nde. 

X.  C.  X  Where  lay  the  raaor  ? 
,    Russel.    By  him.    But  I  did  not  take  so 
much  notice  of  tl»e  razor,  for  I  was  surprized 
with  the  sight. 

Just.  HoUomay.  Was  there  any  window  in 
tiiedoset? 

Russel.  Yes,  that  looks  into  captain  Haw- 
ley's  yard.  And  the  window  is  quite  north- 
yvard. 

>    X.  C.  X    Which  way  does  that  window 
look? 

RusaeL  Quite  the  other  way,  into  the  back- 
yard. 

X.  C  X  Then  there  is  no  way  out,  nor  light, 
nor  casement  out  into  the  fore -yard? 

.  Russel.    No,  my  lord,  it  is  backward,  and  it 
is  paled  in,  only  into  the  house  there  is  a  door. 

Att.  Gen.vfvA  there  any  door  out  of  the 
street,  that  way  ? 

Russel.  No,  there  is  one  door  that  goes*  out 
from  the  entrv  to  go  into  the  yard. 

X.  C.  J.  Has  any  body  else  access  to  come 
to  the  yard,  but  what  must  come  through 
Hnwley^s  house  ? — RusseL  No,  nobody. 
.    Sol.  Gen.  We  will  call  ouitain  Hawley  him- 
frif. 

X.  C.  X  Warder,  do  you  remember  there 
was  any  coach  that  stood  there? 

Russel.  No,  there  was  no  such  thing. 
.  X.  C»  J.  I  ask  you  for  this  reason,  because 
here  was  a  girl  that  spake  of  a  coach,  that 
came  through  the  house  i  suppose,  and  so 
thiough  the  entry  out  of  that  door  into  the 
^ard. 

Jtt.  Gen.  Where  is  Lloyd  the  s^dier  ?  for, 

VOL.   IX, 


Att.  Gen.  \^luch  door  ? 

Lloyd.  At  my  lord  of  Essex's  door. 

Att.  Gen.  Wefe  you  above  stairs,  or  belo^ 
at  the  street  door? 

Lloyd.  Below  at  the  street  door. 

Just.  Witkins*  Did  any  body  oonae  into  tiM 
house  that  morning  ? 

Lloyd,  Nobody  came  id,  all  the  while  I 
stood  therei  that  I  knew  of. 

Just.  Withins,  Were  you  there  at  that  timt 
when  my  lord  killed  himself? 

Lloyd.  I  was  there  when  the  noise  ww 
made  of  it  above  stairs. 

X.  GrJ.  Did  you  ever  see  a  coach  there  ? 

Llcyd.  Not  to  stand,  at  the  door  at  all. 

X.  C.  X  Didst  thou  see  ever  a  coach  in  cap* 
tain  Hawley 's  badi-yard  ? — Lloyd.  No,  no. 

X.  C,  J.  Why,  could  not  the  coach  go 
through  the  doer  and  the  enti-y  into  the  yard  f 

Sol.  Gefu  Had  yod  seen  my  lord  of  Essex 
that  morning? 

Lloyd.  Yes,  he  spake  to  me,  and  asked  me 
what  o'clock  it  was  ?  ^ 

SoL  Gen.  Where  was  he  ? 

Lloyd.  At  the  casement. 

Sol,  Gen.  What  did  he  sav  to  you  T 

Lloyd,  He  said,  Centry,  ^Vhat  o'clock  is  itf 

Att.  Gen.  Did  you  see  him  when  my  lord 
Russell  went  by? 

Lloyd.  Yes,  I  saw  him  them. 

Att.  Gen.  How  long  after  was  the-  cry  of 
my  lord's  having  killed  himself? 

Lloyd.  1  believe,  not  half  an  hour  after. 

A  tt.  Gen .  Did  any  msud  go  out  bf  the  house  P 

Lloyd.  None  at  aU. 

X  C.J.  What,nolina  wbiishood? 

Uoyd.  No. 

X.  C.  X  Why,  didst  not  thou  call  to  the 
maid  to  come  and  take  up  the  razor,  that  waft 
thrown  out  of  the  window  of  captain  Hawley's 
house? 

Lloyd.  There,  was  no  razor  at  all  throws 
out,  that  I  saw. 

X.  C.  X  Did  not  yon  open  the  pales  Avr  her 
to  go  in,  and  take  up  the  i-azor  ^-^LUyd.  No. 

X.  C.  X  Was  there  any  other  soldier  there 

besides  you  ?-—X/a)r<'*  No* 
4  H 


1 


Ut>$]  STAfB  lltlAllS,  S6 Charles  IL  l6Si.^1^iai &f  ArttUim  tmd  ^,  [ifti 


X.  C.  J.  Then  you  most  be  he  that  cried 
out,  or  nobody  P 

Lioj^d.  I  saw  no  razors  nor  did  not  cry  oat 
to  any  body. 

SoL  Gen,  Could  you  open  the  pales  ?  Is 
there  a  door  to  the  stt'eet'-aoe,  out  of  the  pales 
ipio  the  yard? 

Lloyd.  It  is  no  yard,  but  there  is  a  door  that 
ill  passthrowh  that  come  to  the  ftouse. 

SiU.  Gen.  Whatdse  did  my  lord  of  Essex 
•ay  to  you  ? 

Llcyd.  He  only  e3ramined  me,  whato^dock 
It  was?  That  was  all. 

Jitt.  Gen.  My  lord,  >We  hare  here  two 
women,  who  were  the  only  women  that  were  in 
the  house,  they  will  tell  you  what  they  saw. 

L.  C.  J.  Pray,  gendemen,  do  not  |niisspend 
yonr  time- unnecessarily,  because  1  am  to  sit 
this  afternoon  at  London. 

Att.  Gen.  My  lord;  We  wiU  then  only  call 
captain  Hawley.    [Who  was  sworn.] , 

Sol.  Gen.  ^ray,  Captain,  teH  what  you  know 
of  this  matter? 

Capt.  Hawley.  My  lord,  Alt  the  aocotmt  1 
can  give,  is,  that  about  four  or  fire  o'clock  in 
the  morning,  I  went  to  open  the  gates,  that 
being  the  usual  hour  to  open  the  eates.  And  I 
was  atthegatethon  when  a  warder  came,  and 
told  me,  my  lord  of  Essex  had  killed  himself, 
and  that  was  between  nine  and  ten  o'clock. 
When  I  came  into  tlie  bouse,  I  went  upistairs, 
and  ssiw  nobody  in  the  room,  nor  no  blood ; 
said  I,  to  the  warder,  what,  do  you  make  a 
fool  of  me?  Here  is  nothing :  says  one  of  the 
warders,  look  into  the  ck)Mt ;  I  went  to  the 
oloset,  and  could  not  open  the  door  above  this 
wideness,  and  1  looked  in,  and  saw  the  razor 
all  in  bloody,  and  my  lon^  lay  on  his  arm  in  this 
ittshion.*!  could  not  teu,  whether  be  was 
dead  or  no,,  but  I  thought  it  was  not  my  busi- 
ness to  stir  him.  Then  my  lord  Constable  was 
ordered  tO'  oome  and  secure,  and  examine  all 
the  serrants. 

L.  C.J.  Pi-ay,  Captain  Hawley,  where  does 
the  casement  look  into? 

CfL^UamUy.  The  house,  ever  since  I  came 
to  it,  IS  just  as- It  waa;  and  the  house  hating 
settled,  the  casement  wonH  open  above  thus  iar : 
and  it  is  so  low,  and  the  pales  are  nine-  or  ten 
foot  high,  thaftit  is  ionpossible  for  any  one  to 
throw  any  thing  out  of  the  window  three  foot 
hardly.  It  is  pneof  tj^e-hocridest  reports  that 
ever  was  heard  of,,  ana  the  unHkeKest  thing, 
they,  cannot  throw  any  thing  out  of  the  window 
to  be  seen. 

Alt:  Gen,  My  ionly  I  think  ik^  is  not  neces- 
•ary  to  call  any  more  witnesses. 

L.  C.  /*  Have  they  any  thmg  to  say  luriber, 
on  the  other  side  ? 

Mr.  Speke.  1  desire,  my  lord,  to  caH  my  man. 

L.  C.  J.  Call  your  man,  for  what  purpose  ? 

Spel^e.  My  lordi  ^'  your  lordship  pleases,  I 

will  call  my  man  to  prove,  that  I  knew  nothing 

of  Mi^  Braddon'srcoming  to  me. 

Then  Mr.  Spek«^8  man  was  swom*^ 

X.  C.  J.  Ask  him<  what  yoa  wilL 


Speke.    Did  you  ever  see  Mr.  Bnddorf 
with  roe  ? 

Servant.  Never  but  once,  before  thtt  tiiM 
he  came  to  my  master's  chamber,  wiiich  vns 
the  night  before  he  went  out  of  town ;  and 
when  ne  came,  after  he  had  been  there  a  little 
while,  my  master  ordered  me  to  get  mereidr 
to  ffo  into  the  conntry  with  him.    And  tftnl 
had  been  with  him  a  Iktie  time,  be  gotaiMK 
ther  to  go  with  him,  and  sent  me  home  mm. 
^eke.  1  was  going  to  bed,  was  I  not? 
Servant.  Yes,  you  wa9. 
L.  C.  J.  Hare  you  done  of  both  fldesf 
Speke.  Was  it  not  a  surprize  to  me,  wbea  lie 
came  to  me?* 

L.  C.  J.  How  does  he  know  that  ? 
Speke.  I  tell  you  why,  my  lord,  I  a^it: 
because  when  I  go  ont  of  town,  I  alwayi  tdl 
him  to  prepare  hima^f. 

Servant.  It  was  a  surprize  to  me ;  I  knew 
nothing  of  it. 

L.  C.  J.  WdH  have  you  done  now?  Htre 
you  a  mind  to  say  any  thing  to  the  jury,  yvt 
that  areof  connael  for  the  defendants ;  or  yoa, 
Mr.  Braddon  ? 
Mr.  Braddon.  No,  I  will  say  nothing. 
X.  C.  J.  Have  you,  Mr.  Speke  ? 
Mr.  Speke.  My  lord,  I  have  proved  it  boe, 
that  I  had  no  hand  in  what  I  am  accused  cCr 
It  is  put  down  in  the  information,  that  1  cqd- 
spired  with  Mr.  Braddon,  to  endeavour  to  pro- 
cure fake  witnesses.    I  have  proved  I  never 
had  any  hand  at  all  in  any  thing  of  it.    It  ma 
an  accidental  thing,  hi»  coming  to  me ;  and  it 
was  a  great  surprize  to  me,  when  he  came; 
and  I  never  concerned  myself  in  it  more,  dnil 
the  writing  of  that  letter  :  and  I  had  no  ill 
intent  in  it ;  I  did  it  not  desiffnc^ly,  for  I  knew 
nothing  of  his  coming ;  and  T  bad  not  writ  die 
letter  it  he  had  not  oome  to  me.  Apd  itis  phia^ 
it  was  a  surprize,  for  I  always  ffive  my  mat 
notice,  when  I  eo  oiit  of  town,  Kfore-band  t» 
prepare  himself.     I  thought  nothing  at  aH  of 
ill  in  the  letter :  I  writ  it  late  at  nighty  wheal 
had  been  with  some  company  at  the  tarov; 
And  he  made  me  believe  that  to  be  true,  whick 
was  not;  I  hope  the  gentlemen  of  thejai^ 
will  consider  that.    1  have  nothing  to  aay  a 
the  thing,  I  did  not  concern  myaeff  in  it  VT 
further  at  all,  than  writing  the  fetter,  wbieb  1 
did  not  well  know  what  1  writ. 

L.  C.  J.  Well,  have  you  any  more  totfji 
Mr.  Speke  P — Speke.  No,  my  lord. 

X.  C.  J.  Have  you  any  more,  Mr.  Braddoa  ? 
Mr.  Braddon.  My  lord,  I  have  only  ihiil* 
say  for  myself.  It  has  not  heeu  proved  direcdyt 
or  indirectly,  that  I  used  any  evil  argamenti^ 
persuade  those  witnesses  to  testify  what  wii 
fadse ;  but  I  dealt  with  them  with  all  the  caa* 
dor,  that  any  person  in  the  world  couk)  t»\ 
and  used  all  the  caution  ^t  I  could,  to  h»dcr 
them  Irom- speaking  any  thing  that  is  Abe. 
There  has  been  nothing  prered  of  evil  p^i^ 
used  by  me ;  and  I  desire  the  gentiemeDa 
the  jury  to  take  no  other  notice  of  ^7^ 
that  has  been,  or  shall  be  spoken,  but  what  btf 
beenpcoved. 


tfOS]        SI^TE  TRIALS,  36  Ch aelbs  1L  l€S4.—f9r «  NTuiaKemimr.        [1206 


X.  C«  J.  GendeiDeii  of  the  iory,  the  eVi- 
<JeDoe  has  been  very  looflf,  that  has  been  ^ren 
both  for  and  against  the  peraona,  against  vrhoin 
this  iuformatiou  is  exhibited.  It  is  an  intbr- 
xnation  exhibited  by  the  king's  attorney-gene- 
val,  in  Ills  maiesty's  name  against  Lawrence 
llraddon  and  Has^b  Speke.  And  the  informa- 
tion does  set  forth,  thai  the  late  earl  of  Essex 
murdered  himself  in  the  Tower,  and  that 
thereupon  there  was  an  inqaisition  taken  before 
the  €h>roaer,  that  did  find  that  he  had  so  mnr- 
dmd  himself,  he  being  before  that  time  com- 
mitted for  higii  treason,  in  conspiring  the  death 
•f  the  king,  and  levying  war  to  disturb  tlie 

Sovemment.  And  these  persons  did  ren- 
er  that  inquisition,  as  though  it  had  been 
fraudulently  and  irregularly  obtained ;  and 
-also  to  breed  ill  blood,  and  spread  false  rumours 
among  the  king's  subjects,  by  endeavouring  to 
persuade  them  to  believe,  that  the  earl  of  Essex 
was  murdered  by  some  other  hand,  and  had 
not  murdered  himself,  and  had  procured  false 
witnesses  to  testify  some  such  matter,  in  order 
to  the  spreading  about  that  fiilse  rumour.  This 
is  the  substance  of  the  inf  >rmation.  To  this 
information  they  have  both  pleaded,  Not 
Goiltv ;  and  the  evidence,  as  I  was  telling 
yon,  has  been  somewhat  long ;  hot  accordmg 
:  to  the  best  of  my  memory,  and  for  the  assist- 
ance of  yours,  I  will  mind  you  of  as  many 
thii^,  as  occur  to  me,  that  have  been  said 
against  them,  and  what  has  been  said  on  their 
behalf,  I  mean  so  much  of  it  as  is  evidence. 
For  I  must  tell  you,  all  hear-says  and  common 
discourses  of  otner  persons  are  not  evidence, 
and  I  will  give  you  that  reason^  that  is  suf- 
ficient to  satbfy  any  man  that  is  unbiassed) 
that  if  in  case  the  person  that  so  told  the  story 
had  been  here,  if  ne  had  not  told  it  upon  oath, 
you  could  not  hiive  believed  that  person: 
therefore,  surely  there  is  less  credit  to  be  given 
4o  him,  that  tefh  a  tale  out  of  another  body's 
mouth.  And  I  tell  you  this,  because  there 
have  been  great  allowances  given,  and  ought 
to  be  when  people  are.  accused  of  such  great 
and  weigfity  crimes;  for  diese, are  monstrous 
crimes  that  these  gentlemen  are  accused  of; 
but  it  is  you  that  are  to  try,  whether  they  are 
guilty  or  not:  certainly  there  is  scarce  in 
nature  a  greater  crime  that  can  be  committed, 
than  this  that  is  now  before  you ;  for  1  think 
robbery  or  any  other  such  felonies,  are  not 
auch  monstrous  crimes  in  their  true  real  weight, 
though  in  consideration  of  law,  in  respect  of 
punishment  they  are  greater ;  yet  in  point  of 
mme,  they  are  surely  less ;  for  to  aprc»d  fidse 
reports,  in  order  to  raise  sedition,  ill-will, 
beart-burnipgs,  and  jealousies  in  the  king's 
sul^ects  against  the  government,  and  to  snbom 
witnesses  to  that  evifpurpoee,  is  surely  a  much 
greater  crime  than  robbing  on  the  nigbway. 
Kow,  gentlemen,  it  is  not  unknown  to  most  ol 
you,  wnat  endeavours  have  been  of  kUe  made, 
to  poesess  the  minds  of  the  king's  subjects  of 
great  injuries  dcbigned  to  be  done  them  by  the 
King,  or  his  authority :  and  in  order  to  foment 
4iiIereQces  and  o^isapprdieiMioiis  between  the 


kingan4  his  people,  and  among  the  people 
between  one  and  another,  all  arts  have  beeo 
used,  to  proseribe  people  that  they  are  minded 
to  expose.  Those,  they  bear  ill-wiU  to,  must 
be  called  Papists,  or  Papists  in  masquerade ; 
but  they  ano  their  confederates  are  the  sober 
parly,  the  true  Protestants,  as  if  there  were 
i:one  sober  or  true  Protestants  but  such  as  ara 
factions  and  troublesome  in  the  government. 
But  by  these  things  they  brin^  an  odium  upon 
the  name  of  a  Protestant,  theic  aim  is  by  dis* 
tingnishing  to  divide  us ;  whereas  if  they  were 
Protestants  in  truth,  the  Church  of  England 
Protestants;  they  vrould  have  another  bdavi- 
our,  they  would  learn  to  obey,  and  submit  to 
authority,  and  not  go  buszfng  from  house  to 
house,  and  spreading  fiUse  reports,  *  but  study 
to  be  quiet,  and  do  their  own  business.'  And 
though  Mr.  Braddon  made  use  of  the  5th 
chapter  of  the  Acts,  to  tlte  child,  he  would 
have  done  well  to  have  taken  notice  of  some 
other  parts  of  Scripture,  that  are  as  much 
Scripture  as  that,  that  injotn  obedience  and 
submission  to  the  magistrates;  and,  being 
quiet  and  minding  his  own  business,  4t  is  odds, 
he  had  never  come  to  thut  trouble,  he  is  now 
likely  to  meet  with.  But  the  crime  he  is 
aocused  of  carries  all  the  venom  and  baseness, 
the  greatest  inveteracy  ajfainst  the  govern- 
ment that  ever  any  case  did,  that  I  have  met 
with.  Fo^  it  is  insinuated,  that,  because  tho 
king  and  the  duke  were  walking  in  the  Tower, 
that  day,  and  near  that  time,  when  this  unfor- 
tunate thinff  happened,  now  it  must  be  whis- 
pered,  as  tnougn  the  king  and  the  duke  had 
designed  this  murder.  How  base?  How 
devmsh  and  hellish  a  derign  is  thisf  Bat 
yet,  this  must  be  spread  about,  and  endeavoured 
to  be  distilled  into  the  minds  of  the  king's  sub- 
jects. But  besides,  gentlemen,  you  are  to 
consider,  as  was  open^  by  the  king's  counsel, 
to  what  this  thiujg^  tended ;  for  inasmuch  as 
there  was  an  hornd  bloody  conspiracy,  to  take 
away  the  life  of  the  king,  and  ot  his  dear  bro- 
ther, his  n^al  highness  the  duke  of  York. 
And  forasmuch  as  several  persons  have  been 
duly  executed  for  that  conspiracy,  who  were 
concerned  along  with  this  unfortunate  lord ;  (I 
cannot  help  the  nan&ing  of  it,  though  I  ana 
sorry  for  his  misfortune,  for  the  sake  of  that 
honourable  family^  but  rather  than  he  woold 
abide  his  trial,  God  knows  what  other  reajiea 
he  had,  but  the  probability  of  the  thing  speaks- 
it,  he  being  conscions,  the  great  gnik  he  had 
contracted,  in  being  concerned  in  aoch  a  con- 
spiracy, made  him  destroy  himself.  And  it  is 
easy  to  imagine,  how  nx  that  aight  prevail 
upon  him,  it  being  done  immediately  aner  my 
lord  Russell,  who  was  one  of  the  conspirators 
with  him,  was  carried  to  his  trial.  It  cannot 
be  thought,  but  it  was  to  prevent  the  methods 
of  justice  in  his  own  particular  case.  And* 
gentlemen,  there  was  digitui  Dti  in  it,  and  it  is 
enough  to  satisfy  all  the  world  of  the  conspi- 
racy ;  though  we  live  in  an  age,  wherein  men 
are  apt  to  believe  only  on  one  «de ;  they  can 
believe  the  greatest  he,  if  it  makes  for  the  ad* 


W071  STATE  TRIALS;  36CUAKLiis  U.  l€M^Tfiaio/BraMmimdSpek,  [im 


v^iAge  of  their  pcuty,  but  «iif»l  the  greatefift 
truth,  if  it  thwarts  their  interest. 

But  hecause  Mr.  Attornev  has  produced  his 
pixwt's  to  inanirest,  that  this  lord  murdered 
himself,  I  wiU  take  uoticeaiittleof  it,  because 
it  may  have  some  good  eflTect  to  undeceive 
some  tiiat  ha\e  been  imposed  upoa.  Not  for 
my  own  satisfaction,  1  thank  God  I  am  satis- 
fled,  and  so  I  believe  are  most  honest  men : 
hut  that  silly  people  may  not  be  imposed  unon 
by  every  busy  fellow  for  the  future,  that  takes 
the  liberty  to  run  about  and  spread  false  news, 
ajid  that  men  may  be  aware  of  such  fellows, 
and  may  not  be  decoyed  any  more  by  such 
false  pretences ;  it  was  therefore  fit  that  evi- 
dence should  be  givep  of  the  truth  of  the  fact, 
that  that^entkmali  did  murder  himself.  And 
the  evidence  is  this. 

Besides  the  inquisition,  which  was  taken 
upon  the  oaths  of  several  persons  of  quality,  (as 
you  hear  upon  the  reading  their  names,  several 
of  them  were  esquires  and  men  of  note)  it  is 
here  also  proved  by  the  testimony  of  his  ser- 
vant 4hat  attended  him,  how  he  came  to  this 
untimely  end.  And  gentlemen,  I  would  ob- 
serve, it  is  sworn  by  his  servants,  one  that  had 
lived  six  years  witn  him,  not  an  upstart,  or  a 
pandering  fellow,  but  one  whose  integrity  and 
fidelity  40  my  lord  was  confirmed  by  six  years 
experience  of  his  service.  Then  here  is  the 
warder  that  was  at  the  door,  h&re*s  the  soldier, 
lire's  the  master  of  the  house,  who  are  all  the 
persons  that  probably  can  give  any  account  of 
the  matter,  and  they  tell  you  positively  that  no 
one  did  go  up  and  down,  but  this  Frenchman, 
who  was  his  valet  de  chambre.  And  the 
warder  tells  you,  That  he  coming  to  the  door, 
and  knocking  at  the  door,  and  hearing  no  one 
answer,  did  endeavour  to  open  the  door,  but  it 
was  so  fast  by  my  lord's  feet,  that  he  could 
open  it  but  a  'little,  and  looking  in,  discerned 
blood,  and  that  made  him  make  acclamations, 
as  the  warder  calls  it,  orations,  which  brous^ht 
all  the  people  in  the  house  thither,  and  they 
gave  the  same  account  that  he  doei;. 

And  it  is  likewise  fit  to  be  taken  notice 
of,  that  the  window  of  this  closet  looks  into  a  pri- 
vate yard,  where  no  strangers  usually  come,  and 
where  no  coach  could  come  ;  and  that  the  pales 
were  so  high,  that  in  case  a  man  were  desirous 
to  throw  any  thing  out,  it  were  impossible  to 
cast  it  above  three  fool.  And  if  there  cotild  no 
coach  at  all  cume  into  the  yard,  as  it  is  plain 
there  could  not,  (for  there  is  no  door,  save  only 
a  back  house- door)  then  this  must  needs  be  a 
lie  tliat  was  spread  abroad.  And  it  is  beyond 
all  perad  venture  true  that  my  lord  of  Essex  did 
murder  himself. 

Now  to  have  so  great  a  truth  as  this  to  be 
perverted,  and  to  reproach  the  government  with 
falsities,  is  the  most ,  malicious  thing  in  the 
world.  Jf  in  case  the  law  has  made  it  penal 
for  any  man  to  scandalize  any  one  private  per- 
son, as  it  has  ;  and  if  it  be  by  jaw  much  more 
p«nal  to  scandalize  a  ^nobleman :  how  much 
more  ought  it  to  be,  when  the  king  and  the 
wivMe  ni^ovemment  is  thus  adudsUized  f 


Now  IQ  oome  to  the  fiiot,  as  n«ar  as  1  oia 
recollect,  I  will  gi^  you  an  account  of  w1hI> 
evidence  has  been  given  of  the  one  side,  and 
of  the  oth«>r.  But  this  I  thooght  fit  to 
premise,  because,  there  wiU  some  circum- 
stances fall  out  fit  to  be  taken  notKe  of  ia  the 
evidence,  especially  about  the  window  io  caa- 
tain  Hawiey's  yard  and  house,  which  may  be 
cleared  this  way. 

In  the  first  part  of  the  evidence  for  Aekin^, 
they  call  a  witness  to  prove  the  earl  of  Eskts 
commitment,  which  is  part  of  the  indueemoil 
in  the  information. 

But  for  the  information  itadf,  there  is  this 
evidence.     First,  Evans,  he  comes  and  tella 
you,  how  that  ha  had  heard  at  the  Custom* 
House  from  Edwards,  the  father  of  this  boy, 
as  though  there  had  been  a  report  came  to  him 
from  home,  at  ten  o'clock  that  rooming  my 
lord  Essex  cut  his  throat,  of  a  raaor  thrown 
oat  of  my  lord  of  Essex's  window ;  that  he 
came  to  him  in  the  afWrneon  apin,  and  in  the 
aftemoo^  told  him  he  bad  examined  themaUff 
further,  and  his  boy  confirmed  the  truth  «f  it. 
He  says,  That  afW  this,  Mr.  Biaddon  apd 
another  man,  one  Mr.  Hataell,  if  1  am  notmi^ 
taken  in  his  name,  came  to  the  place  where  he 
was  in  Essex,  and  there  they  had  some  ^ 
course  about  my  lord  of  Essex's  death,  arf 
there  Hatsell  took  out  of  his  pocket  a  pruried 
copy  of  the  inquisition ;  and  Mr.  Braddoa  wia 
then  in  the  room,  but  he  says  he  thinks  Mr. 
Braddon  at  that  time  took  no  manner  of  eolioe 
of  it,  but  walked  about  the  room ;  but  he  sm 
the  inquisition  was  read  while  he  was  in  the 
room,  and  Evans   said  something  about  the 
report  he  had  Iteard,  which  did  seem  to  coa- 
tradict  that  inqnisition.    But  some  time  after, 
he  says.  That  he  being  at  tlie  coffee-beoee, 
Braddon  and  Edwards  came  to  him  in  the 
coffee-house  and  there  they  began  to  talk; 
Edwards  baid.  That  Braddon  had  been  widi 
his    child    to    examine   him,  to'  bear  te^ 
mony  about  flinging  the  razor  out  at  wiodoir. 
He  was  very  full  of  the  word  [matter]  aod 
tossed  that  to  and  fro,  but  at  length  the  suh- 
stance  of  his  matter  was,  that  report  of  the 
boys,  and  he  advised  them  to  forbear  talking 
any  farther  to  him  about  the  matttfr,  fiff  it 
might  do  Edwards  and  Braddon  both  an  inju- 
ry ;  and  he  had  read  the  inquisition  which  wa 
quite  contrary.    That  was  all  jie  oouW  »y. 
Then-  comes  Edwards,  and  the  substaoce  of 
what  he  says,  is  this,   That  he  first  heard  it 
from  his  family,  and  afterwards  the  boy  coa- 
firmed  the  truth  of  it ;  but  then  aiterwanis  be 
lieard  he  had  denied  it,  which  was  after  Brtddea 
liad  been  there  to  inquire  about  it.    And  then  he 
says  Braddon  came  to  him  again,  and  tbea  he 
had  got  a  note  dictated  by  himself  and  not  by 
the  boy,  but  at  first  he  tendered  it  to  the  b<^ 
and  the  boy  refused  to  put  his  hand  ^  i^  >  ^J^ 
Mr.  Braddon  came  again  another  time,  (thoug 
he  was  told  the  boy  had  denied  it  as  he  beam) 
and  then  the  boy  did  set  his  hand.    This isme 
substance  of  what  Edwards  says.     H«  J^ 
say  indeed  the  bo^  used  to  tell  hes  very  w^i 


1209]         STATE  TRIALS,  56  Cha&lbs  II.  i6S4.-/or  a  MUiemnmer.        [ihh 


to  tnake  excuses  when  fae  played  truant,  and 
that  his  iamily  told  hhn,  the  boy  was  oftim 
l^uilty  of  teUing^  of  lies. 

Then  the  next,  evidence  is  the  evidence  of 
Ae  boy  himself.  He  it  seems  is  thirteen  years 
of  a^ :  certainly  any  man  that  had  been  of  an 
upright  mind  and  conscience,  as  Mr.  Braddon 
pretends  to  be,  and  would  have  you,  gentlemen, 
think  him  so,  would  have  it  thou^t  that  he 
vaa  full  of  honesty  and  integrity  to  the  boy, 
when  he  baited  his  hook  with  a  text  of  scrip- 
ture, about  the  danger  of  telling  a  He,  and. 
*  have  a  care,  child,  of  telling  a  lie ;'  if  he  had 
done  no  mora  but  given  him  this  advice,  it  had 
been  worthy  of  commendation :  but  when  the 
boy  had  refused  to  siffn  it,  for  him  to  sfo  and 
inake  such  a  stir,  without  examining  further 
into  the  paiticulan,  but  only  taking  a  slight 
report  fronl  such  a  child,  and  to  make  such  a 
disturbance  in  the  nation,  and  jsuch  a  noise,  not 
only  here,  but  abroad,  as  this  has  done,  sure 
argues  neither  uprightness  nor  conscience. 
Had  the  boy  stood  in  it  and  perseyered  in  it,  it 
bad  become  him  in  regard  ot  the  tenderness  of 
the  boy's  age,  to  have  been  more  inquisitive 
into  circumstances,  before  he  gave  such  credit 
to  what  he  said,  as  to  make  all  this  ado. 

But  what  says  the  boy  when  he  comes  here, 
fae  is  now  upon  his  oath,  and  he  tells  you,  He 
did  tell  his  mother  so  at  first,  and  he  did  tell 
If  r.  Braddon  so  at  first ;  but  afterwards  when 
bis  sister  spake  to  him,  and  bid  him  be  sure  to 
tell  nothing  but  what  was  truth,  then  he  said 
truly,  it  was  not  truth.  He  tells  you,  Mr. 
Braddon  offered  him  the  paper  to  sign,  but  he 
would  not  sign  it ;  and  being  asked  the  question, 
"Why  he  would  not  sign  it ;  he  says,  because  it 
watt  not  true ;  and  bemg  asked;  Whether  Brad- 
don. bad  notice  t>f  this  ?  The  mother  and  sis- 
ters, all  tell  you.  He  had  notice  the  boy  had 
denied  it. 

How  came  Mr.  Braddon,  what  authority  had 
be  to  take  this  examination  ?  He  is  no  justice 
of  peace,  no  magistrate  that  had  any  authority 
to  take  examinations.  What  concern  had  he 
in  it  more  than  other  people  ?  The  boy  could 
tdl  him  there  were  abundance  of  people  there 
besides  himself,  though  it  Was  a  lie  he  told 
then,  and  that  the  girl  told  now.  Why  did  not 
he  stay  to  have  it  confirmed  by  some  of  those 
people  ?  Why  did  not  he  carry  these  children 
before  some  magistrate  or  justice  of  peace,  some 
body  that  had  authority  to  take  examinations  ? 
There  was  a  spirit  that  prevailed  with  Mr. 
Braddon  to  engage  and  make  a  stir  in  this  bu- 
siness, and  you  may  easily  ffuess  what  a  kind 
of  spirit  it  was  which  gave  nim  this  authority 
that  he  had  not  before. 

Gentlemen,  another  thing  is  this,  'tis  plain, 
and  the  boy  now  sni'eare  it  directly.  That 
whereas  be  put  it  into  his  information,  How 
that  he  told  him  he  was  going  to  see  my  lord 
Brandon  Gerrard's  lodgings,  but  now  he  is 
upon  his  oath,  he  swears  directly  he  never  told 
bim  any  such  thing,  and  yet  he  hath  put  it  into 
the  paper  he  made  him  sign. 

He  tells  ^oa  4  second  tuo^y  Mr.  Braddon 


came  to  him,,  which  was  after  the  boy  had  re« 
ftised  and  declared  himself  unwilling,  and  that 
then  he  was  persuaded  by  Mr.  Braddon,  who 
told  him  there  was  no  harm  in  it ;  if  there  be 
any  harm,  it  would  be  to  him,  and  not  to  the 
boy,  and  so  by  virtue  of  that,  he  insinuated 
himself,  and  got  the  child  to  sign  that  paper, 
which  is  every  tittle  of  it  false,  as  the  boy  now 
swears  directly.  And  he  tells  you,  how  he 
was  imposed  upon  by  Mr.  Braddon,  pretending 
there  was  no  harm  to  him,  all  the  harm  woula 
come  to  himself,  and  by  reason  of  these  insi- 
nuations he  was  prevailed  upon  to  pat  his  name 
to  that  which  was  notoriously  false. 

The  next  witness  (to  make  it  itppear  that  it 
was  notoriously  false,  not  only  by  the  boy 
himself,  but  by  other  circumstances)  is  Haw- 
kins the  minister's  son.  Dr.  Hawkins's  son  of 
the  Tower.  And  he  tells  you,  I  played  truant 
as  well  as  he  that  day,  and  I  saw  the  kmg  and 
the  duke  at  the  Tower,  and  when  I  had  seen 
them  ]  went  about  as  they  did,  and  afterwuds 
I  went  home,  and  there  came  a  report,  that  iay 
lord  of  Essex  had  cut  his  throat,  which  made 
me  go  back  again  to  the  Tower,  and  there  was 
I  a  considerable  time  gaping  among  other  peo- 
ple, and  there  did  I  sec  this  boy  Edwards; 
when  he  came  there,  I  was  there,  I  was  there 
all  the  time  that  he  was  there,  and  we  went  out 
of  the  Tower  together,  and  there  vwas  no  such 
thing,  nor  any  pretence  or  ground  for  such  a 
story.  And  Edwards  himself  beine  asked  the 
question,  upon  his  oath,  doth  lilewise  saVf 
Hawkins  was  with  him  all  the  time  there.  So 
I  that  that  shews  not  only  by  what  the  boy 
I  says,  that  it  was  false,  but  it  is  als»o  proved 
I  false  by  the  testimony  of  this  other  witoicss 
Hawkins. 

Then  next  comes  Mr.  Blathwaite,  who  was 
present  when  Mr.  BradjJon  was  before  the 
King,  and  what  does  be  say?  He  says,  there 
was  the  boy  fetched  and  the  girl  fetched,  and 
all  persons  examined  there,  and  then  it  is  told 
him,  all  the  boy  had  said  to  him  was  false,  and 
it  was  told  him  with  all  its  circumstances.  So 
that  notice  sufficient,  if  you  will  believe  Mr. 
Blathwaite,  was  given  to  this  Mr.  Braddon, 
That  the  boy  had  denied  it  then,  as  he  had 
before  to  his  sister :  so  he  knew  it  was  fidse. 
N  But  what  does  Mr.  Braddon  do  now  ?  He  is 
so  far  from  being  satisfied  in  tl^e  matter,  that  in- 
stead of  stopping  there,  his  zeal  transported 
him  to  pursue  it  further :  and  so  he  tells  you, 
that  Mr.  Braddon  confessed  he  would  have  ^t 
some  justice  of  peace  to  have  the  boy  examm* 
ed ;  and  he  applied  himself  to  sir  Robert  Clay- 
ton, and  sir  John  Lawrence.  There  were  many 
justices  of  the  peace  besides  them,  in  LondoD, 
to  whom  he  might  have  applied  himself.  But 
when  he  comes  to  sir  Robert  Clayton,  and  ac* 
quaints  him  with  the  matter,  he  would  not  do  it^ 
alone;  it  was  thought  a  matter  of  that  import- 
ance. Then  says  Mr.  Braddon  you  shan't  do 
it  at  all.  He  must  have  the  kindness  of  having 
it  done  in  private ;  to  have  it  examined  whea, 
any  body  was  by,  was  not  so  well  for  his  pur* 
pose ;  which  shews  ^ou  ftill,  gentlemeOi  bin 


1211]  STATE  TRIALS,  d6CHARLBsIL  1694.-- 


,  [WIJ 


^lestgn  was  to  oontriv«  privately,  to  effeot  that 
which  the  light  should  not  easily  discover. 

Then  the  next  thing  is  the  evidence  of  Mr. 
MoDstevens,  and  be  gives  you  an  account, 
that  he  came  to  him,  and  he  read  the  informa- 
tion, and  gave  him  a  caution,  that  he  womlered 
at  him :  says  he,  why  do  you  concern  yourself 
about  this  ousiness,  there  is  sir  Henry  Capell, 
he  does  not  concern  himself?   then  he  pre- 
tended  to  come  in  his  name ;   but  at  length, 
-when  Mr.  MonstQvens  began  to  dispute  it  with 
liim,  why  sir  Henry  did  not  appear  himself  in 
it  ?  then  truly  sir  Henry  Capell  was  very  ill, 
and  could  not  possibly  come  himself,  but  1  am 
to  go  to  him,  and  give  him  satisfaction  about 
what  I  do,  and  so  also  to  the  countess  ot'  Essex. 
Ko,  says  Mr.  Monstevens,  that  cannot  be,  for 
sir  Henry  Capell  is  not  so  ill  but  that  he  has 
been  with  my  lord  Sunderland,  and  with  the 
king  too,  since  the  death  of  my  lord  of  Essex. 
To  which  he  made  him  no  answer.     So  that' 
that  was  but  an  excuse  and  a  subterfuge;  but 
yet  notwithstanding  all  this  caution,  he  conti- 
nues on  his  zeal  in  the  thing :  whereupon  Mr. 
Monstevens  brought  bun  to  my  lord  Sunder- 
land, and  what  discourse  has  passed  between 
them,  he  has  given  you  an  acooont  of. 

The  next  evidence  ia  sir  Henry  Capell,  who 
tells  you,  that  Braddou  comes  officiously  and 
tells  him,  he  had  some  discovery  to  make  about 
the  death  of  the  earl  of  Essex,  and  you  hear 
that  poor  gentleman  being  related  to  this  un- 
fortunate noble  lord,  was  at  the  first  time  very 
much  under  surprize,  (being  in  such  great  af- 
fliction as  one  brother  must  needs  be  for  ano- 
ther, nature  obliges  people  to  a  great  concern 
Ihr  such  accidents)  and  he  says,  he  is  not  able 
to  give  an  account  what  he  said  or  did  at  that 
tiine,  or  what  Braddon  did  particularly  say  to 
him.  But  when  he  came  the  secona  time  to 
him,  he  was  a  little  more  sedate  and  calm,  and 
then  (he  does  remember)  he  told  him.  If  you 
have  any  thiiig  of  this  nature  to  say,  ^  to  a 
secretary  of  state,  it  is  his  business  to  inquire 
into  this  afiair,  and  it  is  not  the  business  of 
^very  particular  private  man,  because  these  are 
matters  that  concern  tlie  government.  But 
Braddou  pretended  (forsooth)  it  was  his  zeal 
and  his  gi-eat  conscience  that  made  him  to  be 
thus  transported,  and  to  be  so  eager  for  carry- 
ingon  this  prosecution. 

The  next  witness.  Gentlemen,  that  you  hear 
of,  is  the  cpentleman  that  seized  upon  Mr. 
Braddon  in  the  country ;  and  that  is  Mr.  Beech, 
who  brought  him  bdore  a  justice  of  peace  (one 
Aires,  that  it  seems  is  since  dead),  and  in  his 
pocket  he  ibund  a  letter  from  the  other  defend- 
ant Speke,  which  is  the  only  thing  indeed  in 
ihe  evidence  that  does  affect  that  gentleman  ; 
and  what  that  letter  is,  you  have  heard  it  read, 
and  for  your  better  satisfaction,  because  the 
language  of  the  letter  is  pretty  extraordinary, 
if  you  nave  a  mind  to  have  it  to  peruse  while 
you  are  here  in  court,  yon  may  have  it  with 
you.  I  suppose  you  remember  the  substance 
of  it,  commending  the  ^;reat  integrity,  couhige, 
%aA  magnanimity  of  this  genUemaQ,  Mr.  Brad* 


don,  thankmg  the  person  to  whom  it  wai  wiit, 
for  his  great  kindness  to  him  and  hit  friends, 
how  tbay  did  hope  to  be  able  to  get  themntiler 
of  my  lord  of  Essex  tried  before  any  in  tlie 
Tower  could  come  to  their  trial ;  That  the  tide 
ran  sironsf  aQ;sinst  them :  And,  pray,  you  moA 
take  notice,  I  have  given  him  a  bint  he  most 
go  by  another  name,  by  the  name  of  Johnson, 
and  not  by  the  name  of  Braddon?  fbralack-a-day 
he  would  be  stabbed  in  these  dangerous  times, 
or  knocked  on  theliead,  if  he  be  known  by  bii 
own  name.    Mr.  Braddon  would  be  thouglit  a 
man  so  considerable  in  the  world  for  bis  seil 
for  troth,  and  the  Protestant  religion,  thattbere 
was  very  great  hazard  of  his  bemg  murdered, 
we  live  m  such  }ierilous  times. 

Gentlemen,  this  is  lo  amuse  and  affright 
people,  and  to  nut  odd  thoughts  and  jealmiiifls 
and  fears  into  tne  minds  of  Uie  kiug^s  subjects, 
which  was  the  beginning  and  rise  of  the  lite 
rebellion,  which  we  have  all  reason  to  remem- 
ber with  horror ;  that  rebellion  that  in  the  issut 
of  it  brought  the  kte  king  of  blessed  memoiy 
to  the  scaffold :  And  therefore  we  must  haves 
great  care  of  such  things  growing  upon  us  sow. 

And  pray.  Gentlemen,  mind  &e  style  of  the 
letter:    <  We '  have  many  thanks  to  give  yeo, 
for  your  care  of*  us,*  and  coimtenanca  yon 
have  given  lo  '  us,'  and  *  we '  don't  doubt'  ve' 
shall  be  able  to  carry  on  the  business  of  tbe 
earl  of  Essex,  notwithstanding  that  the  tide  runs 
strong  against 'us:'  'We' hope  this,  and  <  we' 
hope  that,  and  t'other^  and  ap  makes  himself  a 
party.    And  he  recommends  him  in  particuhr 
to  sir  Robert  Atkyns,  to  whom  the  letter  'vu 
written,  to  advise  nim  in  thee  matter  he  west 
about,  (which  by  the  way,  you  see,  was  to  pick 
up  false  evidence)  to  carry  on  this  wicked  de- 
sign.   And  I  must  tell  you,  geatlemeD,  if  Mr. 
Speke  was  given  to  believe  a  lie,  and  did  write 
that  letter,  with  a  design  to  have  that  he  qwesd 
abroad,  he  makes  himself  a  party,  and  be  is  ss 
guilty  in  every  circumstance  as  the  other,  as 
to  the  design  in  general  laid  ia  the  informatioo, 
though  not  e<|ually  guilty  about  the  manage* 
ment  of  the  witnesses :  And  it  is  the  letter  only 
that  particularly  affects  him.      But  I  tell  yon, 
if  in  case  you  think  he  was  surprised  in  the 
thing,  or  did  it  ignorantlv  or  innocently,  vitb- 
out  any  concern,  (thougn  he  seems  to  bafe  t 
wonderful  concern  in  his  letter,  and  very  leato 
he  seems  to  be  in  the  prosecution  of  this  bus- 
ness)  you  are  to  acquit  him.     But,  if  be  did 
contribute  to  the  design  of  spreading  this  bise 
report,  he  is  as  ffuilty  of  that  part  as  Mr.  Brw- 
don,  though  he  w  not  guilty  of  suborning  tbe 
witnesses.     But  the  evidence  against  Braddos 
goes  fhrther  ;  There  is  not  only  the  evidence 
of  this  letter,  which  speaks  plain  enough  as  lo 
this  design,  but  you  find  also  about  him  sll  tbe 
informations  that  have  been  read.  The  infona- 
ation  of  this  boy  of  13  years  of  a^;  the  in- 
formation  Off  the  giri  of  13  years  ofage:  Tbae 
was  also  taken  in  his  podcet  a  letter  from  one 
Burgis,  a  famous  pin-maker,  of  Mar1boitHi|[b, 
written  to  one  Cumpen  a  postmaster  at  ^J^^ 
in  this  manoer :   '  Pray  call  to  miad  wi  > 


^ 


1913)        ^ATE  trials,  36  Chables  II.  i6H.^for  A  Misdemean&r.        [1314 


*  bu^tfiess  of  beanDfif  such'  a  report  of  my  lord 
'  of  Essex's  cutting -bis  throat  upon  Friday  the 

*  13th  of  July  last.     Pray  recollect  such  a 

*  thing,  and  impart  it  to  this  gentleman  tlie 

*  bearer.'  This  likewise  was  intrusted  mth 
Mr.  Braddon :  but  it  seems  the  man  bad  gone 
and  writ  this  letter,  and  had  pat  in  the  6th  day, 
which  happened  to  be  a  week  too  soon,  and 
this  must  be  i;ectified  by  Mr.  Braddon  himself, 
he  being  a  great  companion  of  Mr.  Braddon 's ; 
for  it  seems  he  had  such  a  confidence  ift  him, 
that  upon  his  report,  he  came  down  from  Lon- 
don to  Marlborough,  though  now  indeed  they 
pretend  they  never  knew  one  anotlier  before ; 
But  it  IS  proved  he  confessed  he  had  such  a  re- 
gard to  his  report,  that  that  brought  him  down 
from  London.  He  had  (as  I  was  saying)  put 
it  down  the  6th  at  his  first  writing ;  and  I  be- 
lieve as  to  the  thing  itself,  it  was  as  true  the  6th 
as  any  other  time,  and  the  16th  and  the  26th  is 
all  one  to  such  people.  And  this  letter,  he  tells 
Ton  himself,  was  written  six  weeks  after,  but 
Mr.  Braddon  must  correct  it:  No,  says  he, 
Tou  mistake,  it  must  be  the  13th,  it  must  not 
be  the  6th  ;  the  6th  would  not  da  the  business, 
for  the  tSt$  was  the  day  that  he  wav  murdered, 
and  so  he  was  forced  to  interline  it,  the  ISth, 
to  make  it  to  bnmonr  the  story ;  for  the  lie 
would  not  pass  so  well  if  it  had  been  put  upon 
a  day  so  long  before ;  but  to  make  the  he  a 
eorvpsct  lie,  and  to  humour  &e  rest  of  the  evi- 
dence, Mr.  Braddon  comes  and  informs  him,  it 
must  be  the  13tb. 

That  was  the  next  piece  of  evidence  that  was 

Siven,  and  I  think  the  substance  of  the  evi- 
ence  of  the  whole  matter  given  against  the 
defendants  for  the  kin^,  except  it  be  some 
remarks  out  of  the  evidence  that  has  been 
given  on  the  other  side,  which  it  will  be  ma- 
terial for  you  to  take  notice  of. 

Now,  Gentlemen,  for  the  defendants,  they 
bring  tins  evidence : 

First,  They  brmg  a  man,  I  diink  his  name 
was  Lewes,  to  whom  they  gave  the  money 
before  he  would  give  his  evidence.  And  he 
says,  one  day  he  was  going  up  a  hill,  near 
Andover,  and  going  up  the  hiH,  he  heard  the 
news  of  mv  lord  of  Essex's  cutting  his  tbroiCt ; 
but  what  day,  week  or  month  it  was  he  cannot 
tell,  that  he  heard  this.  And,  gentlemen,  let 
xne  tell  you,  it  is  as  bad  as  the  ca.se  itself,  and 
worse  if  possible,  the  endeavouring  to  pick  up 
witnesses  to  put  a  colour  and  countenance  upon 
■o  black  a  villainy  as  this  is.  Then  the  next 
evidence  is  Fielder,  and  he  tells  you,  that  at 
their  town  of  Andover,  the  Wednesday  before 
my  lord  murdered  himself,  it  was  all  the  talk 
ahiout  the  town,  that  he  had  cut  his  throat ;  it 
was  in  every  body's  mouth,  the  market  people, 
men,  women,  and  children,  all  over  the  town 
had  it,  when  the  earl  of  Essex  did  it  not  till 
the  Friday  followiiig.  We  asked  him  to  name 
any  one ;  no  truly  he  couM  not,  the  town  was 
00  full  of  people,  and  yet  he  cannot  remember 
•ne,  whence  ne  bad  it :  but,  gentlemen,  here 
Im  the  malksious  design  of  the  matter.  It  is 
U  maka  it  Miar^d  it  was  a  designed  basiness 


to  murder  my  lord,  and  cast  it  upon  himself^ 
and  thev  knew  of  the  design  at  Andover,  two 
days  before  the  fact  was  done ;  as  thdiigh  the, 
persons  that  designed  to  murder  him,  would  go 
to  make  it  public,  as  such  a  report  was  Ilkdy 
to  do.  But  the  design  of  this,  besides  the 
falsehood  and  baseness  of  the  thing  itself,  does 
speak  malice  and  sedition,  and  all  the  distem- 
pers of  a  disloyal  man's  heart,  and  to  go  about 
to  get  witnesses  to  support  the  credibOity  of  a 
thing  that  is  notoriously  fake,  is  ten  times 
worse  than  the  spreading  of  such  a  report  itself. 

Then  comes  Mrs.  Edwards  the  mother,  she 
is  the  next  witness,  and  she  telk  you  at  first^ 
the  boy  did  tell  this  strange  story,  but  altera 
wards  denied  it ;  but  she  likewise  tells  you, 
how  Mr.  Braddon  came,  and  how  he  dealt  with 
the  boy.  He  is  a  busy  man,  you  see,  a  great 
reformer,  that  does  mightily  concern  himself 
in  the  reformation  ofttie government.  I  never 
knew  that  Mr.  Braddon  had  any  great  share  in. 
it :  he  has  not  such  a  prodigious  estate  I  sup- 
pose, that  for  fear  of  losing  his  great  estate  ne 
should  be  so  wondrous  busy  ana  active  in  re- 
forming the  government ;  but  1  have  always 
observed  it  for  a  rule,  that  your  beggarly  in- 
considerable fellows  are  the  warmest  people  in 
the  business  of  reformation,  and  for  oefending 
liberty  and  property  as  they  call  it ;  and  then 
they  put  it  under  the  disguise  pf  religion, 
when,  alas,  those  tliat  have  no  rel^on  are  ge- 
nerally the  greatest  pretenders  oT  taking  care 
of  it ;  and  those  that  have  no  estates  nor  pro  • 
perties,  are  usually  the  fullest  of  noise  aboat 
liberty  and  property.  But  the  meaning  of  it 
IS  plain,  if  they  can  but  exasperate  the  people 
into  a  rebellion,  that  is  the  way  to  get  a  pro- 
perty:  and  if  they  can  but  have  liberty  to  da 
what  they  please,  that  is  all  the  liberty  tber 
contend  for.  They  are  such  mean  inconsi* 
derable  fellows  only  that  make  all  diis  ado 
among  us :  for  no  persons  of  any  interest  or 
mtalin^  will  offer  to  engage  in  any  such  thing. 
But  I  hope  the  snare  is  seen,  and  we  sbaJl 
avoid  it ;  for  God  be  thanked  we  live  under  a 
regular  government,  where  the  laws  are  duly- 
executed ;  we  need  not  be  afraid  of  wrong 
from  the  government.  The  courts  of  justice 
are  open  where  they  may  have  security  ;  and 
the  best  security  to'good  subjects,  is  that  which, 
the  law  gives  them. 

Mrs.  Edwards,  she  tells  yon,  when  Braddoa 
came  to  enquire  about  it,  it  made  them  all  a 
little  concerned  ;  and  'the  daughter  was  af- 
frighted, and  she  comes  to  the  boy,  andsays, 
Billy,  Billy,  here  has  been' a  man  about  such  a 
thing, pray  speak  the  truth:  why,  says  he, 
will  any  harm  come  of  it ;  says  she,  I  cannot 
tell,  but  tell  you  the  truth.  And  then  when 
the  boy  comes  to  tell  truth,  he  then  says,  all 
the  atory  was  false.  Besides  this;  saysshe,  we 
told  Mr.  Braddon,  befbre  the  boy  signed  it, 
that  he  bad  said  it  was  false  ;  and  he  was  told 
It  again  before  the  king  and  council,  that  it 
was  false.  Bat  nothing  would  sierve  him  but 
he  must  have  a  horse  uid  a  man,  and  be  must 
go  his  cimiit  to  piek  ap  ridiculous  storlM^ 


1215]  STATE  TRIALS,  36  Charles  II.  iGSA.-^TVimlqf^rMdJanmulSpekey  [m6 

but  the  truth.  And  aW  be  had  talked  thus 
awhile,  she  observed  be  was  guing  to  t^ pen, 
ink,  and  paper,  and  she  was  afraid  she  might 
be  drawn  in  for  a  witness,  and  so  she  went  out 
of  the  room.  But  before  that  time,  Mr.  Brad' 
don  did  go  to  see  the  window,  and  the  pbos 
where  the  boy*said  the  razor  was  thrown  oat 

Then  there  is  the  efidenoe  of  the  Ikde 
girl,  who  is  the  next  witness,  Jane  LodemsD,  I 
think  her  name  was,  and  that  is  likewise  written 
by  Mr.  Braddon.  Now  yon  hear  what  that 
young  wench   saj^s.     She  comes'  and  woaU 

five  some  sort  ot  countenance  to  the  thing, 
ow  she  was  looking  up  at  tlie  window  of  my 
lord  of  £ssex's  lodgings,  and  that  there  was  a 
bloody  razor  thrown  by  a  hand  out  of  die 
window,  but  whether  it  was  half  hioodv,  or  aB 
over  bloody,  she  cannot  tell,  hut  bloody  it 
was  ;  and  it  was,  as  she  savs,  thrown  on  the 
out^de,  though  the  boy  saicf,  it  was  thrown  of 
the  inside..  But  the  weuch  being  ask«l,  whe- 
ther she  knew  that  was  my  loni  of  Essex's 
lodging?  She  answered,  No, she  did  not,  when 
they  come  and  make  her  swear  in  her  iDfor- 
mation,  that  she  saw  th^  razor  thrown  oat  of 
my  lord  of  Essex's  lodgings  :  and  then  she 
says,  she  heard  no  soldier  speak  a  word  at  aD ; 
but  in  the  information,  it  is  set  down,  that  the 
soldier  cried  out  to  the  people  of  the  house, 
go  fetch  up  the  razor.  And  this  was  all  dose 
m  the  open  day,  and  there  were  abundaooe  of 
people,  but  she  could  not  tell  any  psrticuhr 
body.  So  that  of  one  hundred  people,  whicbr 
if  she  say  true,  were  there,  Mr«  Braddon  coaU 
not  satisfy  himself  to  enouire  afVer  sooie  of 
them,  but  only  he  must  pick  up  a  child  of  13 
years  of  age  to  practise  upon  in  this  villaiDom 
manner.  And  it  carries  the  greater  veoooy 
and  malice,  and  virulency,  and  baeeness,  to 
endeavour  to  corrupt  youo|^  people  to  tbiS 
height,  as  to  come  and  say,  and  swear  those 
things  in  the  face  of  a  court,  tliat  are  impos- 
sible to  be  true.  It  is  impossible  to  be  tnHf 
that  she  saw  a  coach  in  th^  y acd  ;  for  you  beer 
what  account  captain  Hawley  gives  of  bie 
hou2>e.  It  is  impossible  to  be  true,  that  then 
should  be  a  crowd  of  people,  because  that  there 
was  a  sentinel  at  the  door,  who  most  see  eU 
that  go  out,  and  that  come  in  ;  and  there  is  ne , 
way  to  go  into  the  yard,  but  throughtthe  baek« 
door,  and  the  pales  are  so  high,  that  nothief 
can  be  flung  over,  that  could  be  easily  disp 
cemed.  So  that  the  very  thoughts  of  such  a 
thing  as* this  are  ridiculous  in  themselves,  asd 
not  only  the  falsity  of  the  story  is  appatentt 
but  tliere  is  also  apparent  a  great  viihu>y>  i* 
endeavouring  to  get  witnesses  to  prore  diit 
falsity.  For  you  see  who  Mr.  Braddoi  em- 
ploys ;  he  gets  a  barber  to  go  along  with  bill 
on  purpose  to  testify  what  idle  reports  he  coaw 
pickup.  But  this  barber,  and  the  other  wit- 
nesses, when  they  come  herei,  csMiot  teU  aav 
thing.  For  the  barber,  he  si^s,  she  «•» 
There  lay  a  razor.;  but  the  informathm  seysi 
(to  which  he  is  a  witness)  that  the  soldier  criedf 
Take  up  the  raxor ;  and  she  n0W  upon  hi' 
oath  detues  any  thing  of  that* 

1 


Letters  must  be  contrived  from  one  to  another 
to  give  a  colour  to  the  matter,  and  all  this  to 
spread  about  his  malicious  reports  and  fiailse 
news. 

And  by  thb  means,  Gentlemen,  I  must  tell 
you,  the  matter  is  fixed  as  to  the  second  part 
of  the  information,  which  is  the  corrupting  of 
witnesf^  ;  for  though  he  did  not  get  any  wit- 
nesses swom^  and  so  it  is  no  subornation  of 
perjury,  strictly,  yet  however  it  is  a  misde- 
meanor to  labour  any  one,  much  more  such  a 
dbild,  into  a  falsity,  as  apparently  he  did  ;  for 
as  the  boy  sweass  now,  he  never  did  make 
mention  of  going  to  my  lord  Gerard's  lodgings. 

The  next  evidence  is  young  Mrs.  Edwards^ 
Siarah  the  daughter,  and  she  comes  and  gives 
an  account  of  the  same.  That  the  bor  did  tell 
anch  a  story  at  first,  but,  says  she,  I  knew  him 
to  be  such  a  lying  boy,  and  l  had  so  of^en  found 
him  in  lies,  that  I  ilid  not  mind  what  he  said. 
And  he  used  to  tell  lies  when  he  had  been  play- 
ing truant.  Then  comes  Mr.  Braddon  to  en- 
qmre  about  the  business,  and  when  he  began  to 
prosecute  it,  the  girl  began  to  be  afiriffhted, 
and  she  calls  the  boy  to  her,  and  engaged  him 
to  tell  her  the  truth,  and  then  immediately 
upon  that  he  did  say  it  was  all  a  story,  and  in- 
vention of  his  own. 

And  then  it  is  very  material  to  observe  that 
ihe  boY  in  that  paper  of  information  (which  is 
sill  of  Mr.  Bradoon's  hand -writing')  makes  the 
circnmsfeance  of  the  razor's  fallmg  down,  to 
1»e  cast  of  the  inside  of  the  pales,  and  the  girl 
^nys,  it  was  of  the  outside,  and  there  was  a 
coach,  ahd  abundance  of  people  by,  and  a  great 
many  tine  circumstances,  and  not  one  of  ttiem 
true. 

The  next  piece  of  evidence  is,  she  does  say, 
that  after  he  told  her  it  was  ftdse,  she  gave 
notice  to  Braddon,  and  bong  asked,  wh^er 
s))ke  did  not  frighten  him  by  threatening  his 
lather  would  be  turned  out  of  his  place  ?  She 
flweara,  No.  But  all  those  kind  of  questions 
wereby  a  side-wind,  to  make  reflections  upon 
the.  government ;  as  though  the  king  would 
turn  men  out,  b^use  they  would  not  swear 
If  hat  was  false.  It  carries,  I  tdlyou,  a  sting 
towards  the  government  still,  and  shews  the 
malice  of  the  design.  But,  geutlemen,  yon 
hear  what  is  said  alK>ut  that,  there  was  no  such 
thing  said  ;  they  did  apprehend  some  fear,  but 
from  whom  their  fear  eame^  that  they  cannot 
tell.  But  she  positively  swears,  when  the  boy 
had  denied  it,  he  had  notice  of  it ;  and  when  be 
refused  to  sign  it,  y^  he  pressed  him,  by  teUing 
him,  there  wasi  no  harm  in  it  like  to  come,  but 
only  to  Mr.  Braddon  himself,  and  so  he^was 
persuaded  to  sign  it. 

The  next  witness  is  Mrs.  Barton ;  she  comes 
and  tells  yon,  that  she  was  at  Mr.  Edwards's 
house,  and  what  she  tells  yon  of  her  own 
knowledge,  you  are  to  take  for  evidence,  and 
nothing  more.  She  says,  Braddon  did  engage 
the  boy  to  tell  truth,  and  put  him  in  mind  of 
that  chanter  in  the  Acts,  of  the  great  displea*: 
aure  of  God  agamstthe  two  witnesses  that  for- 
swore thenselves,  ai^  bid  hia  wfuk  nothing 


1^17]        STATE  TRIALS,  36  CttMiES  IL  l6S4.-/0r  «  MMememar.        [ISl^ 

The  nezl  endeuoe  Is,  the  avnt,  and  she  tells  >  be  gires  no  manuer  of  aoooant  bow  he  came  to 


yoQ,  the  does  not  remember  siieh  and  such-par 
|icnlar%  but  somewhat  to  that  purpose  she 
Uoes;  but  whether  she  named  my  lord  of 
Essex,  or  no,  ip  particular,  as  to  his  lodgings, 
she  cannot  give  an  acooaot. 

Then  yon  ha?e  Glasbrooke,  that  comes  to 
give  an  account  concerning  this  girFs  story, 
and  be  plainly  is  quite  different  from  what  the 
others  had  testified  before ;  for  his  evidence  is, 
that  the  girl  had  said  my  lord  of  Essex  cut  his 
own  throat,  and  afterwards  flung  the  razor  out 
of  a  window :  after  be  had  committed  this 
horrid  murder  upon  himself,  he  got  to  life 
again,  and  threw  away  the  instrument  he  did 
it  with  ;  that  is  plamly  his  testimony,  that 
this  child  should  sav  so.  So  that,  as  in  the 
case  of  Susanna,  wnich  I  heard  cited  here 
upon  another  occasion,  the  wicked  elders  were 
disobFered  by  the  different  circumstances  of 
time  and  place;  so  here  you  have  circum- 
stances of  time  and  place,  and  of  all  things  in 
the  world  that  can  oontrioute  to  prove  tbe  &]- 
sity  of  this  ivport,  and  to  prove  the  malicious 
design  of  th^  people  that  were  engaged  in 
4hisl>usiness. 

The  next  witness  is  one  Smith,  and  he  speaks 
much  to  the  self -same  purpose.  He  was  the 
barber  that  went  with  Braddon  to  examine 
this  girl. 

Now  gentlemen,  you  are  to  consider  of  these 
contrirances  of  Braddon,  in  busying  himself  to 
solicit  these  children  to  testify  these  stories, 
after  a  denial  by  tbe  boy  to  men  tbe  papier,  to 
tell  bim  there  was  no  ha^m  could  come  to  him, 
to  dictate  what  he  should  say,  and  put  words 
into  his  mouth,  about  going  to* see  my  lord  Ger- 
ard's lodgings,  which  he  never  spaxe  of;  for 
him  to  dictate  to  the  other  witness  tlie  pin* 
maker  of  Mariboroi^b,  what  the  right  day  | 
should  be,  to  set  up  such  a  senseless  story,  that ' 
fyt  heard  such  a  thing  at  the  post-house,  but  he 
cannot  tell  from  whom,  or  name  any  one  that 
lieaid  it  or  spake  it  besides  himself :  it  is  strange 
how  he  should  meet  with  this  man,  for  even  the 
man  himself  tells  you,  he  knows  not  who  he 
had  discoursed  of  it  to ;  aod  nevtf  ^aw  Braddon 
^11  that  time  he  writ  tbe  letter.  But  you  may 
observe,  that  to  be  sure  the  report  might  be 
spread,  it  was  so  contrived  that  the  scene  should 
belaid  in  the  post-house,  and  tiien  it  was  like 
to  run  abroad  quickly ;  for  alas  it  was  not 
their  business  to  make  truth  of  it,  but  to  make 
the  discontented  rabble  believe  it  to  be  a  truth. 
And  so  they  began  to  consult  with  themselves 
where  it  was  best  to  lodge  it,  and  upon  deli- 
heratioo  the  place  must  humour  tbe  design  as 
well  as  the  time,  and  that  must  be  at  the  post- 
master's house,  in  order  to  disperse  the  noise  of 
it ;  and  then  Mr.  Braddon  tpkes  bis  circuit  to 
Salisbury,  unto  jir  Robert  Atkyns,  at  Stow  in 
tbe  Wold,  and  to  other  people,  tilling  the  coun- 
try with  his  braded  ware ;  and  it  is  time  to 
look  after  such  pedlars,  for  tbey  vent  the 
worst  of  ware. 

Then,  jfentlemen,  you  may  observe  this  fel- 
low is  easily  persuaded  to  swear  any  thing,  for 

VOL*  1%. 


hear  what  he  speaks  of,  or  ftt)m  whom,  or  hqw.. 
Mr.  Braddon  came  to  him :  he  had  never  seen, 
him  before  that  time,  be  says  (though  Mr. 
Braddon  had  such  a  valiie  for  this  worshipful 
pin-maker,  whom  he  never  saw,  that  'he  cama 
iTopa  London  upoath^  least  intimation  of  this 
man,  so  zealous  he  was  for  the  cai'rying  on  tliis 
weighty  affair,  which  I  may  call  this  impudent 
and  intolerable  lie).  % 

Gentlemen,  I  must  tell  you,  if  any  proof  jn. 
the  world  be  sufficient  to  prove  malice,  you 
have  sufficient  proof  of  it  before  you  now^  If 
it  had  been  a  thmg  of  indiscretion  only  without 
malice,  if  there  had.  been  notliing  of  caution 
given  to  him  about  it  as  a  thing  that  concerned, 
not  bun,  there  might  have  been  something  said 
to  alleviate.it ;  but  for  bim  to  come  as  if  he  bad 
authority  ftom  the  countess  of  Essex,  and  sir 
Henry  Capell,  who  denies  it,  shews  the  malice 
of  his  design. 

Gentlemen,  Tis  a  concern  of  an  high  nature^ 
and  if  you  do  believe  these  persons  that  are  4e-. 
fendants,  or  either  of  them  to  be  guilty ;  such 
as  you  believe  to  be  guflty,  you  must  find 
guilty,  and  of  so  much  as  you  believe  thenk 
guiltv.  And  if  in  ^e  they  shall  by  you  be 
round  guilty,  tbe  court  is  to  take  cai*e  to  inflict, 
a  punishment,  if  it  be  pe^nble,  suitable  to  their 
offence. 

Then  tbe  court  arose,  ai|^d  the  jury  after- 
wardk  gave  in  a  private  verdicti  which  the  next 
morning  was  repeated  in  court  and  reeorded» 
And  by  that  veraict  they  found  t^e  deteadaot; 
Laurence  Braddon,  Guilty  of  the  whole  matter 
charged  upon  him  in  the  information,  and  the 
defendant  Hugh  Speke  Guilty  of  i^  but  tht' 
conspiring  to  procure  false  witnesses,  and  of 
that  they  found  him  Not  Guilty. 

Lunie,  81  Aprilis. 

Att.  Gen.  My  lord,  here  are  two  persfns  ta 
receive  your  judgment. 

L.C.J*   Who  are  they? 

An.  Gen.  Braddon  and  Speke.  But  it  ba»: 
ing  late,  I  know  not  whether  you  will  give  it. 
now,  or  appoint  some  other  time. 

Ir.  C.  /.  No,  no,  let  them  come  in.  Th«f. 
will  say  we  are  afraid ,of  giving  judf;me&t  else. 

Thai  Mr.  Braddon  and  BIr.  S|peke  came  ioto 
Court. 

Att.  Gen*  My  lord,  we  pray  y<mr  judgment 
for  the  king,  that  you  will  set  a  flood  Bne. 

MT.Wiluam&.  Weareretaineatomavieinar* 
rest  of  judgment. 

Att.  Gen.  Judgmeut  is  entered  already,  and 
there  is  nothing  but  a  fine  in  the  ease. 

Mr.  Williams.  My  lord,  if  it  be  entered,  it  ia 
entered  but  this  term  ^  and  it  is  in  the  breast  of 
the  court,  if  tbey  please,  to  admit  us  to  speak 
in  arrest  of  judgment. 

X.  C.  J.  When  were  theruks  out  t 

Mr.  William.  My  lord,it  was  put  off  by  csii- 
sent  to  this  day. 

L.C.J.  But  when  were  the  rules  out,  I  ahkr 

41 


Ifil9]  STATErtauaA,^etuMMMU.\SM^THd^arai^m^  [MM 


CL  ofCr,  The  niJes  wen  out  Hie  im  ^ 
of  theuMk  tartti,  and  then  judgment  fm  en- 


L,  C.  J.  Well  then,  jotanenl  ii  entered^ 
What  nv  jroQ  agaiiuit  a  fiiief 

Mr.  Wtlliamt,  We  were  retained  16  iMfv  in 
ancat  of  jndffment,  I  am  aore  I  waa,  and  in- 
alracted  to  that  purpose. 

L.C  J.  I  cannot  tell  what  ^on  were  retein- 
'ed  to  do,  but  now  judgmept  is  entered,  what 
any  Ton  as  to  the  6ne ; 

Mr.WiUiami.  We  cannot  say  any  thing  as  to 
that,  ire  are  not  instructed ;  I  am  sure  I  am  not. 

Mr.  Wallop.  My  lord,  we  took  it,  and  I  was 
told  so,  That  it  was  put  off  hyeeonentto  tkm 
day. 

jL.  C.  /.  I  know  nothii^  of  your  oonsent, 
nor  what  you  consented  to.  n  yoo  eonsenc 
among  yoorscAves  at  the  bar,  that  is  nothing 
to  the  conrt.  Here  we  ffaid  jod^pment  entered, 
and  we  must  pro<«ed  upon  what  is  before  us. 

Mr.  WhUop.  Your  loqhihip  will  please  to  ve- 
■lember,  what  the  evidence  was. 

X.  C-  J'  I  do  remember  it  rerj  paiticniarly* 

Coun$eL  My  lord,  Mr.  Spdce  ts  found  goil^ 
of  nothing  but  writii^  that  letter. 

AH.  Gen.  He  is  found  guilty  of  all  but  the 
subommg. 

£.  C.J.  We  doTeiy  weBknow  there  ia  a 
difference  between  them. 

Then  the  hat  Rnle  was  read* 

It.  C.J.  Wellfjud^ment  is  regolarly  entered, 
What  iwy  you  to  it  for  the  defendants  ? 

Mr.  Wallop.  My  lo|;d,  we  conoeiFe  we  have 
\esjf  good  matter  upon  me  Terdict,  to  move  in 
arrest  uf judgment. 

Xh  C.  J. .  I  es^  no  doubt,  what  yoir  have  to 
siay  is  dktraordmary  material,  but  you  come 
too  late,  we  cannot  hear  yon.  Sir  8amuel 
Astray,  b  iudgment  entered  aocording  to  the 
c-ourse  of  the  court  ? — Cl.  ofCr.  Yes. 

X.  C.  X  Then  wo  mnat  proceed  to  ^ne 
them. 

Brcddon.  PraT,  mr  ford,  let  Mr.  Ward  be 
•aked,  whether  they  md  not  agree  we  should 
ifeofetodiyf 

Mr.  Ward.  That  was  only  an  agreement  on 
Sttm^y ,  that  they  might  appear  to  day,  and  I 
would  not  take  them  in  exkcotion. 

Braddon.  Thia  waa  the  day  I  waa  to  more 
in,  my  k>rd ;  Mr.  Burton  knows. very  well,  he 
agreed  toilc 

Mr.  Burttm,  I  know  nothing  more  of  it,  my 
kird,  but  that  indeed  I  did  consent  on  Satnrday, 
that  whatsoerer  thev  could  more  then,  they 
should  move  on  Monday. 

Mr.  Ward.  That  was  only  that  they  should 
appear  to  day,  instead  of  Braddon's  being  taken 
up  by  a  Capias  pro  flue. 

X.  C.  X  Well,  well,  1  know  nothing  of  your 
agreements,  here  is  judgment  entered  regu- 
larly, as  we  (find  it ;  you  had  best  bring  your 
action  against  Mr.  Burton,  H' he  have  done  yoh 
any  wrong,  but  I  did  not  know  that  Mr.  Burton 
was  the  king's  attorney.  But  I  find  here  is 
jtidgmetit  against  yoa»  and  it  is  a  very  ibul  of- 


Cnmo,  as  netoriowa  an  eikttCe  aft  aatpensai 
n&dei^4hat  wfaifsh  is  capital,  eouM  bi^gaQly  tf; 
bane  aiperrians  of  the  gorermnent,  hi  otder  ts 
promote  aeffitien  and  faolioh ;  andfordntcai, 
madeuseof  attvilhanoustteaflBta  cdttapt  in- 
fants, and  then  justify  that  fiUsiny  with  a  hra* 
sen  ftoe,  to  that  dime  of  itapuAenoe,  ai  I 
never  before  saw,  'Aat  all  ttie  jmliee  cf  tbt 
nation  must  be  afironted  bv  siKh  andiciMi 
fhllows,  fbr  it  seems  his  confidence  has  not  kR 
him;  but  here  he  smiles,  and  seems  aiifht 
had  done  no  harm. 

Braddon.  My  lord,  I  know  my  own  iiiM- 
cenfy,  and  therefore  have  no  mama  to  bt 
troubled. 

X.  C  X*  Your  nmoociwe '  Yoor  unpnacaos^ 
yon  mean.  1  tell  yon,  had  you  beea  m  isy 
oAer  country  but  this,  the  innocence  yea  braf 
of,  wouid  have  aentyou  to  the  galKes. 

Just  Witkinf.  Then  you  thmk,  Mr.  Bnd- 
don,  yon  have  done  very  well  in  what  yea  hift 
donef 

X.  C.  X.  Ay,  I  asBore  ytm,  dees  he.  iai 
the  seal  of  his  party  haa  gone  as  ftr,  ibit  s( 
Winchester,  when  1 1^  there  in  the  circoi^  I 
was  told  that  his  doctr^e  had  obtained  MMch 
in  that  country,  e^pedaHy  about  thst  yiMt, 
whence  some  Of  the  witnesses  came,  I  mm 
Andover,  that  there  was  a  woman  that  v«  hue 
tb^  other  day,  Mrs.  Drake,  being  at  eaaiiB' 
^le,  held  forth,  That  my  lord  ^  JSmaim 
murdered  while  the  king  was  in  the  Toaer, 
and  that  God  was  t|ie  avenger  of  murder,  ni 
had  found  out  a  propernerson  for  the  prOM- 
tion  of  it,  Aat.  waa  Mr.  Braddon;'  and  ikii 
snivelling  cant  prevailed  4t  the  conveniide.  b 
is  no  sudi  smirldng  matter  as  you  mske  it,  Mr. 
Braddon,  I  asanre  you. 

Braddon.  My  load,  if  1  did  know  nvidf  t» 
be  under  any  guih,  I  would  veiyreamyari 
humbly  acknowledge  it   . 

X.  C.  J.  Well,  I  aee  a  great  many  if  the 
party  shout  you,  I  can  spy  them  out,  dMigb 
they  think  they  are  not  seen ;  but  they  mm 
know  we  will  not  suffer  such  monsten  at  tbm 
to  go  without  due  punishment. 

Just.  Withins.  He  stands  upon  it,  he  iiinft* 
cent  still,  notwithstanding  all  thatwssprsvcd, 
and  the  jfnry's  verdict 

X.  C.  X  Yes,  alack-a-day,  he  wnei  lb 
mouth,  and  has  not  so  mudi  aa  eaten.  Pit  w* 
rant  you. 

Just  Withins.  I  expected  you  wmM  hne 
been  sori^,  Mr.  Braddon,  for  what  yoa  m 
done,  ana  escpressed, 'some  penitence,  hAi 
seems  you  are  very  innocent  ^ 

Braddon.  I  did  not  directly,  nor  hidireetff) 
offer  any  thing  to  induce  the  -children  tojj|^ 
their  testimony,  nqr  was  any  such  thing  pro**"  • 
I  know  my  own  innocency . 

Att.  Gen,  The  juiy  have  found  it  itot* 

X.C.X  And  that  upon  afair,afuDaDdaai- 
vittdng  evidence,  and  no  man  in  the  world  «• 
make  any  doubt  of  the  truth  of  that  ttf^ 
but  he  that  had  a  ahare  in  your  goih,  or  intw* 
it  had  a  tendency  towards,  I  mmi  tbstlinflil 
coaspiraey.    And  I  asanre  you,  Mr.  BiadM 


STATE  TRIALS^  a6  CuABtB&IL  l684.^/r  «  lUkimemmu       [l!2^C 

verv  fit  for  the  pHvpoM»«o4  JffK[  leciire  bim 

UBder  a  ah«m  nftme,  for  111  OBtfertake  th^ra 

•uch  desigw   «pon  piwia  Mi*-  B«*«J*>?» 

iTinces  to  oo  biln  a  mischiett  that  if 


•0O9  and  a  yonmg  fealJkaum* 

Br0d4on»  My  tather  baa  an  elder  son  alive. 

JLC'J'  I  feiaember  partioalariy  it  i&aaid 
ill  one  of  tbe  lettera,  that  be  was  a  mau  ef  7  or 
a0O/.|Lyear. 

CL  4  Cr.  Tba{  was  in  Mr.  Speke'a  letter. 
He  saya  his &thi^  bad  so  nuob. 

BraddouL  Thai  is  in  Air.  Speke's  letter  ;  bat 
tiMft  ill  net  tnie. 

Is,  C.J.  I  don't  know  truly,  that  may  be  as 
fUse  as  any  thin§^  else  you  went  about  to  bavc 
llMse  eUkifen  swear ;  but  TU  undertake  it,  if 
thou  hadsl  toU  the  little  ffiii  that  he  had  800/.  a 
year,  ahe  would  have  been  as  ready  to  have 
«wem  it  as  tbe  other. 

Jnat  Wiikim.  'Tis  a  wonderful  thing,  Mr. 
Braddoa,  vou  ceokl  bring  nobody  to  come  and 
testify  tbw  things,  but  those  two  little  chil- 
dhvn.  ^ 

L.  C.  /.  But  oh !  What  a  banpiness  it  was 
for  this  sort  of  oeople,  that  t&ey,  had  got 
Jtlr.  Braddon,  an  nonest  man,  and  a  man  of 
€tmBt§9k  Mys  ,Mr.  Speke,  a  man  ^  prgp<»: 
and  Biay«  says  ho  to  his  friead,  give  him 
the  best  adnee  you  can,  ibr  he  is  a  nsn 


yoa  tread  .upon  the  verf  heels  ef  it ;  amirk 
at  it,  and  be  as  merry  about  it  as  you  wilL 

Braddon,  If  I  di4  not  know  mT  own  inno- 
ceocy,  then  I  had  reason  to  be  troubled.    % 

X.  C.  J.  Your  own  innpcency  P  If  yob  did 
9at  know  your  own  impudence  vou  mean ;  it  is 
that  only  taat  makes  you  smirk  and  snuleat 
wkV  tbmga  as  these. 

Just.  WUhifu,  Mr.  Braddon,  when  you  wer^ 
■advised  by  sir  Henry  Copell  to  take  a  prudent 
aad  a  good  coune,  to  go  and  leave  it  with  a 
Maetary  of  state,  you  would  not  take  that  ad- 
TOO,  but  you  would  go  your  own  way,  and  you 
isould  turn  examiner,  and  nroseoutor  yourself; 
when  he  that  was  the  earrs  brother,  and  was 
wire  more  ceneemed  than  you,  thoi^ht  it  fitter 
to  go  that  way. 

.  la/.  We  remember  what  sir  Samuel 
Bamardiston,  in  his  letter,  speaks  of  this  mat- 
tec,  Mr.  Braddon,  be  was  got  off;*  why,  they 
dare  not  meddle  with  Mr.  Braddon,  he  is  snob 
<m  draadfiil  man;  and  his  party  are  so  consider* 
sd>le,  that  we  dare  not  meddle  with  them ;  and 
thd  Tories  are  all  cast  down.  Alack-a-day ! 
beeause  these  fellows  cant  cast  down  the  go- 
vernment, therefore  all  honest  men  must  be 
csst  down,  and  not  dare  to  meddle  with  them. 
But  they  shaD  see  we  are  not  so  much  cast 
down,  but  we  are  aMe  to  reach  the  highest  of 
them.  What  condition  is  this  man  in?^  I 
apeak  m  point  of  estate,  for  bis  other  condi- 
tions,* we  kpow  what  they  are,  bis  trial  wUl 
aatisfy  any  man  ef  that. 

Mt.  Oca.'  Ha  is  the  eldest  son  ofa  father 
that  has  a  good  sstate. 

Mr.  Wiuiams.  He  is  then  but  heitr  apparent. 

Braddon.  No,  I  am  a  younger  brother. 

BIr.  WiUiemt.  It  seems  he  is  but  the  second 


are 


such  contrivances 

he  bad  not  had  his  Protestant  flail  about  bun, 
somebody  or  other  would  bare  knocked  him  am 
the  hea^  and  bo  is  such  a  wonderfVil  man,  that 
all  the  king's  csurts  of  justice  must  needs  con- 
spire to  do  Mr.  Braddon  a  mischief;  a  pretfy 
sort  of  aman,  upon  my  word,  and  lit«m*  fe 
used  aoooidingfy;  men  that  anrogata  Md 
assume  to  themselves  a  liberty  to  do  sudi  kmd 
of  things,  must  exeoct  to  IhseaccordingW. 

Just  Witkinf.  Mr.  Speke  ia  not  found guihj 
of  tbe  subenuUion. 

JU.Gen.   HeisfoundguOtyof  •nbutAa 

subornation;  be  is  found  guilty  of  ^onspiring 

iwm 


^  %    n 


*  See  tha  fljpit  ff  sir  Samud  Banardiston's 
Lnlten^  whWb^wacfiQlod«VLlw9Xii»l».Fob.  14, 


to  spread  tbe  repoirt    The  subornation 
ouire  another  sort  of  pouisbment. 

JL  C.J.  Ay,  but  there  is  a  difference  bo- 
tween  them.  The  crime  was  very  great  in 
Mr.  Speke,  tbougb  not  so  great  as  m  Mr. 
Braddon^  and  1  am  sorry  that  Mr.  Sp^ke  shouM 
be.coocemed  in  it,  and  should  take  such  care 
about  such  a  bus'mess,  with  all  that  piety  and 
zeal  for  religion  be  eipresses  in  his  letter  to 
sir  Robert  ^Vas  (Mr,  Justice  Atkyns  that 
was,)  that  be  soould  recommend  biro  to  hara 
a  wonderful  care  of  him,  and  then  thank  bun 
for  bis  kindness  shewed  to  our  party :  So  he 
makes  himself  to  be  of  tbe  party,  and  makes 
this  .the  bosineto  of  tbe  party,  and  so  makes 
himself  to  be  a  sharer  in  the  buaness  •»  for  U  Is 

<  We  ^\m\i  you  for  your  kindness  to  us,  and 

<  tbe  tide  is  strong  against  us,  and  we  hope  we 
*  shall  be  able  to  bring  the  business  of  my  lord 
«  of  Essex  upon  the  stage,  before  thev  do  any 
«  of  those  lA  the  Toner.'  80  Mr.  Speke  makes 
himself  a  party  in  the  business.  And  I  am 
mighty  sorry  that  Vi»en  be  comes  to  be  asked 
the  miesUon,  How  he  came  to  write  this  let- 
ter? be  should  tell  us.  He  bad  been  at  the  tar 
vem,  and  did  not  know  what  ha  writ,  but  doty 
not  say,  be  recollected  afterwards.  It  seems 
be  uaBi]  to  be  often  at  tbe  tavern,  and  bad  been 
there  when  be  writ  this  pious  letter,  and  so  bis 
saiotsbip  broke  out  in  a  nt  of  drunkeuoeas,  for 
most  of  our  refixrmera  of  religipn  now*a-days 
want  common  morality.  And  yet  they  are 
wonderfully  zealous  for  reformalion  and  re- 
ligion. Afi  the  villainy  that  has  been  thought 
o^  nay 'more  than  ever  could  enter  before  into 
the  imagination  of  mankind,  has  been  wrought 
by  these  men,  that  pretend  to  be  reformers  of 
religion,  sod  amongst  the  rest  Mr.  Braddon^ 
and  indeed  I  look  upon. Braddon  to  be  the 
daringest  fellow  of  the  psfty,  he  and  his  bro- 
tber  Smith.  Ir  there  were  auv  reluctan<^,  or 
any  sense  of  any  guilt  they  had  contracted,  and 
would  shew  it  by  acknowledging  their  being 
surpiiaedinto  it,  and  testified  repentance  by  a 
sonnisitve  and  dutiful  behaviour,  that  were 
■ometbing  to  incline  the  court  to  ceramisera- 
tion;  hotwhsRwe  see,  instead  of  that,  they 
are  more  obdurate  and  steded  in  their  opposi- 
finn  ta  thn  government,  they  must  be  recfaumed 
t(y  ooimtoH  sad  k^witbia  due  bounds  by 


1223}  STATE  TRIALS,  sSChables  It.  l6M.^7i^lofBradJ&nmulSpAe,  (tfii 


condign '  punishmeDt,.  otherwise  it  will  be 
thoa^t  bjr  the  ignorant  sort  of  people,  that 
all  courts  of  Justice  are  afraid  of  them. 

Just.  Witkins.  Nay,  Mr.  Braddoo's  zeal  was 

'  Teiy  extraordijiary  in  the  case,  going  on  in  this 

l  business,  not  only  without,  but  contraryHo  the 

*  advice  of  sir  Henry  Capell,  who  surely  was 

most  concerned  about  the  death  of  his  brother.    , 

-^    Then  the  Judges  between  themselves  con- , 
salted  about  the  Sentence,  which  Mr.  JostiGe 
'Witbins  pronounced  thus. 

Jiist.  Withins.  Mr.  Braddbn,  You  see  what 
it  is  you  are  convicted  of.  It  was  for  as  foul 
an  ofilence,  as  any  can  be  imagined,  that  is  not 
capital,  wherein  the  king  is  very  much  con- 

.  cemed,  for  the  insinuations  were  such,  as  that 
the  king  was  mightily  concerned ;  fbr  in  as 
muicb^as  you  say  the  earl  of  Essex  should  be 
murdered  at  that  timcf  the  king  was  in  the 
Tower,  it  was  an  implied  accusation  of  the 
kin^,  and  an  insinuation  that  the  king  should 
design  to  take  away  an  innocent  man's  blood, 
and  so  downright  be  guilty  of  murdering  an 
innocent  person,  which  how  great  an  offence 
that  is,  let  any  man  that  has  any  loyalty,  or 
reverence  for  the  king  in  him  consider,  and 
you  cannot  say  ypu  are  innocent,  Mr.  Brad- 
don.  Your  prosecution  was  most  pertinacious, 
and  you  would  proceed  afler  the  boy  had  de- 
wed it,  and  proceed  in  such,  a  manner,  when 
sir  Henry  Capell  had  told  you  what  you  should 
do :  and  what  did  you|ro  upon  ?  You  had  got 
a  little  girl,  a  child  of  11  or  13  years  old,  to 
tell  a  story  of  I  know  not  what,  and  nobody- 
else  knew  any  thing  of  it,  and  this  must  be  a 
ground  sufficient  for  you  to  go  up  and  down, 
and  spread  such  a  report, when  sir  Henry  Capell 
gave  you  advice  to  go  to  a  secretary  of  «tate, 

'and  let  him  Examine  it ;  indeed  you  did  go  to 
bim,  but  would  not  rest  satisfied  with  what  the 
king  and  council  did ";  no,  Mr.  Braddon,  you 
thought  that  would  not  gratify  your  own  pas- 
sion, and  malice  against  the  king  and  the  go- 
remment,  but  you  must  take  ways  of  your 
own.  This  is  to  scandalize  the  whole  justice 
of  the  nation,  and  not  only  make  the  king  a 
murderer,  but  you  would  have  all  the  plot 
hereby  quite  lose  its  credit ;  and  you  would 
make  it,  as  sir  Samuel  Bamardiston  would  in- 
sinuate, a  sham  plot,  to  take  away  innocent 
Protestants  lives.  But  as  to  the  plot,  there  has 
been  fresh  proof  of  it  beyond  all  contradiction 
this  day ;  a  man  here  in  the  &ce  of  the  whole 
court  has  owned  the  whole  thin^;  he  would 
not  take  the  liberty  of  defending  himself, 
that  was  offered  bim»  if  he  would  try  it,  but 


ooofessed  that  oon^tracy,  which  ymi  had  i 
great  mind  to  be  an  instrument  of  mddn^  the 
world  to  believe,  was  nothing  bat  a  Shnn.* 
I  shall  not  make  any  k>nj|;'  speech  to  yoa. 
'  The  Court,  fbr  this  oMice,  setsopon  ytn, 
Mr.  Braddon,  the  fine  of  8,000/.  and  wdor 
that  yon  find  surges  for  your  goad  behavioar 
during  yoar  life,  and  that  you  be  eomarittid 
till  this  be  performed.     And  for  ywi  Mr. 
Speke  (we  have  considered  that  yon  are  not 
so.  hignlr  guilty  as  Mr.  Braddon,  yoo  ne 
guilty  of  a  great  offence,  bat  not  so  guilty 
as  he,  and  merefore)  we  thmk  fit  to  let 
upon  you  the  fine  of  1,000/.  and  ditt  job 
find  sureties  for  your  good  befaavioordnn^ 
your  life,  and  be  committed  till  yea  po^ 
form  it.' 

L.  C.  J,  Marshal,  take  tbem  in  coila^, 
and  use  them  as  they  ought  to  be  used. 

CouTutel.  3Iy  lord,  Mr.  Speke's  bail  is  dis- 
charged, I  Suppose  ? 

L.  C.  J.  Ay,  they  most  be,  as  to  this  mttter, 
but  nothing  else  but  this. 

Then  they  were  carried  away  to^  Kiiig^ 
bench  prison. 

*^  Of  this  word  Sham,  which  was  ray 
much  in  use,  during  the  latter  part  ef  Idar 
Charles  the  Second's  reign,  Roger  Nortk 
gives  the  following  curious  account,  at  the 
opening  of  the  second  part  of  his  *  £xaawD.' 

*'  It  may  be  expected,  that,  before  ve  esMr 
upon  the  snbject  matter,  this  term  of  art, 
Sham  -Plot,  should  be  decy  pheoed.  The  wort, 
Sham,  is  true  cant  of  the  Newmarket  brni 
It  is  contracted  of  ashamed.  The  natifefl;- 
nification  is  a  town  lady  of  diveraaoB,  is  oom- 
try  maid's  ckiaths,  who,  to  make  m'  ber 
disgfuise,  pretends  to  be  so  *  ashamed  r  Tbescc 
it  tecame  proverbial,  when  a  maimed  lorer  was 
laid  up,  or  looked  meager,  to  say  be  bid  met 
with  a  Sham.  But  what  is  this  to  ptots?  Tbe 
noble  captain^  Dan^perfield,  being  an  artist  is 
aU  sorts  of  land  piracy,  translated  this  »ori, 
out  of  the  language  ot  his  sodety,  to  a  sew 
emoloyroent  he  had  taken  up  of  fabe  plottBig* 
And  as,  with  them,  it  ordinarily  ngnito  wy 
false  or  counterfeit  thin|f,  so,  annexed  toafdsi, 
it  means  one  that  is  fictitioos  and  nntnie ;  aod, 
being  so  applied  in  his  various  wiitincV)  aad 
sworn  depositions,  of  which  we  abaU  have 
much  to  observe,  it  is  adopted  into  the  Eogii^ 
langua^fe.  But,  that  \re  may  not  faH  short  is 
our  criticism,  1  must  note  that  the  measior  v 
not  simply  a  fakie  plot ;  bat  the  word  kBf» 
somewhat  of  Trapan,  joined  with  it." 


Here  in  the  former  edition  of  the  State  Trials 
was  inserted  a  Tract,  entitled,  "  The  Earl 
'*  of  Essex's  Inhocency  and  Hononr  vin- 
**  dicated,  in  a  Letter  to  a  Friend,  by  Lan- 
"  rence  Braddon."  The  fnll  title  of  which 
Tract,  as  I  find  it  in  a  copy  now  befiHre  me, 
which  appears  to  have  beesi  printed  in  1:690, 


is  "  Essex's  Innooeney  and  Hononr  vjidf- 

««  cated,  or  Murther,  SobomatioD,  F^Q^ 

'<  and  Oppresskm,  justly  charged  od  m 

<<  Murtherers  of  that  NoUe  Lord  sad  tnH 

«  Patriot  Arthur  late  Earl  of  Ema,  ^ 

«  proved  befbce  tbe  Right  HonoonbieW 

«  Committee  of  liimlsy  or  ready  lobstt- 


<« 


1225]       •  STATE  TRIALS,  d6  Ch AMIS  IL  l6S4^«r  a  Mmbmemor.        [ifisS 

believe  (only  by  the  evidenoe  of  those  in 
whose  custoay  mt  lordship  was)  that  this  aobltf 
lord  indeed  cot  his  own  tnrost,  to  avpid  what 
his  great  misforttuies  seemed  to  threaten  ;  that 
then  the  natural  consequence  thereof  would  be 
this;  (viz.)  whomsoever  those  powerful  and 
bloody  men  found  to  stand  in  then*  way,  whom 
they  th^  had,  or  should  tak6  into  custody, 
they  would  place  over  them  such  as  they  had 
prepared  to  oommit  or  permit  what  was  trea- 
cherously designed  to  be  acted ;  and  then  bf 
strangling,  stabbing,  pistollmg,  or  catting  of 
throats  (either  of  which  is  a  common  way  of 
self-destruction)  they  would  take  such  off,  prer^ 
tending  (as  in  this  case  they  did)  it  was  done 
by  the  persons  themselves,  to  prevent  an  infa- 
mous execution,  and  avoid  those  foiieitares  of 
honour  and  estetes,  which  the  law  would  odier- 
I  wise  have  made  by  their  conviction  and  pwish- 
ment. 

'<  My  lords,  the  prevention  (as  much  as  in 
me  lay)  of  such  vile  practices,  was  not  the 
least  inducement  that  first  moved  me  to  this 
inquiry';  and  whatever  opposition  I  then  met 
with,  either  under  colour  of  justice,  or  mali- 
cious detractions,  I  was  not  at  all  surpriz^ 
vrith,  and  therefore  the  better  prepared  to  sufier 
it ;  and  seeing  I  could  then  expect  no.  relief; 
or  just  satisfaction,  fVom  those,  who  were  chief 
in  imposing  the  injuries  I  suffered,  I  tiiought 
that  a  time  for  me  fin  this  respect)  to  keep 
silence.  But  siAce  Uod  (by  our  present  sove- 
reign) hath  mercifully  removed  si^ch  oppres- 
sions ;  I  think  now  is  the  time  to  speak,  and 
not  sufier  to  t^  unanswered  such  maiicioas  and 
infamous  calumnies,  representing  me  the  very 
worst  of  suborners,  and  desenHng  far  worse 
usage  than  ever  Dr.  Oates  underwent,  and 
this  said,  not  by  *  f^w,  but  many.  Wherefore 
out  of  a  just  seff-re^rd  (which  every  man 
owes  to  himself)  I  mought  I  was  in  duty 
bound  to  endeavour  some  way  or  other,  to 


posed.  In  a  Letter  to  ^  Friend.  '  Blood 
*'  crieth  unto  me  from  the  ground,'  Qen. 
iv.  10.  *  A  fugitive  and  vagabond' shalt 
«' « thou  be  in  the  earth;'  Gen.iv.  11.  <  How 
«'  <  long,  O  Lord,  holy  and  true,  dosf  thou 
«« ( not  avenge  our  Mood  on  them  that  dwell 
«<  « on  the  earth,'  Rev.  vi.  10.  Written  by 
Lawrence  Braddon  j  of  the  Middle  Temple, 
■gent,  who  was  upwardffof  five  years  im- 
prisoned for  endeavouring  to  discover  this 
^*  Mnrtber  the  tliird  day  after  the  same  was 
"  committed."    ' 

To~this  pamphlet  is  an  engraved  Frontis- 
•  piece,  representmg  the  murder  of  the  eari,  the 
"apartment  where  it  was  committed,  and  the 
closet  where  the  body  lay,  aiifreeably  to  Brad- 
don's  account.    The  pamphlet  has  also  the 
ibllowing 

"APOLOGY 

'«<  For  the  Letter  to  a  Friend"  [which  was  not 
in  the  former  Edition.]  To  the  Right  Hon. 
William  Earl  of  DEvoNSHiaE,  Lord  Stew  - 
ard  of  their  Mi^^sties  Household,  <9cc. 
William  Earl  of  Bedford,  &c.  Charles 
Earl  of  Monmouth,  &c.  Henry  Earl  of 
Warrlngton,  &c.  the  Lords  of  the  (late) 
close  Coinmittee  appointed  to  examine 
into  the  Death  of  the  Right  Hon.  Arthur 
(late)  Earl  of  Essex.  ^ 

"  My  lords} 

•'When  immediately  af^er  the  death  of  the 
right  honourable  Arthur  (late)  earl  of  Essex, 
I  did  firet  make  enquiry  with  relation  tbere- 
.untOy  upon  such  information  as  I  have  already 
.given  ^ our  lordships,  there  was  nothing  that 
might  be  expected  from  a  powerful  and  re- 
vengeful party,  against  which  I  then  moved. 


but  what  I  did  believe  they  would  endeavour    clear  myself  to  the  wortd  from  being  that  pro 


'to  inflict  upon  me ;  for  this  I  had  the  greater 

•reason,  having  then  been  often  credibly  told, 
that  some  (whose  interest  was  most  concerned 
to  prevent  this  discovery)  had  several  times 
declared,  1  should  be  both  pilloried  aod  w  hipt. 

'But  this,  or  whatsoever  else  was  within  their 
power  to  impose,  I  was  resolved '  should  not 
deter  me  from  searching  afler  such  circnm- 

•  stAnpes  as  might  rationally  convince  persons, 
mprejudiced,  that  his  lordship  fell  (notthraugb 

'self  violence,  but)  by  the  transcendent  aiUhb- 
rity  and  interest  of  some,  and  the  treachery 
and  bloody  cruelty  of  others;  because  that 
great  patriot  (with  your  lordship  and  s^ch 
others)  stood  as  bulwarks  against  those  popish 


and  aibitrary  designs,  which  were  then  (judi-    And  there  having  beisn  about  seventy  persons 


dally  seen  through  a  glass,  but  since,  to  our 
great  cost,  andjmater  danger,  face  to  face, 
iBd)earried  on  mr  the  total  subversion  of  our 
church  and  state. — Wherefore  I  had  gfreat 
-  reason  to  believe  (admitting  his  lordship  was 
'  nardered)  that  such  who  were  th^r^  con- 
cerned, if  they  found  there  was  no  inquisition 
irfter  tiiis  Uood^' but' that  all  did  seem  to 


fligate  villain,  I  have  been  as  industriously  as 
maliciously  misrepresented.  And  because  I 
would  that  the  plaister  should  be  as  huge  as 
the  wound,  I  have  in  this  fbllowiofi^  mafe,  at- 
tempted to  undeceive  the  unprgumced  part  ot 
mankind  ;  but  as  for  some, '  miracles  will  not 
convince  them  ;  and  others  there  are,  who 
(knowing  much  more  than  I  can  inform  them) 
will  never  confess  themselves  converts  to  troth. 
**  My  lords,  Would  such  men  as  maliciously 
misrepresent  me,  proceed  against  me  by  way 
of  judicial  information,  I  sboold  ^e  it  very 
kindly,  for  then  1  should  have  an  opportunity 
(now  justice  is  duly  administered,  and  fiivour 
in  this  I  desire  none)  to  clear  my  innocence. 


in  all  sworn,  or  examined  before  your  lordships, 
and  some  justices  of  the  peace  ^and  soifie  hun- 
dreds discoursed  to  find  these  witnesses  out)  if  I 
had  been  such  an  infamous  suborner  as  repre- 
sented :  in  this  cloud  of  witnesses,  they  have 
a  fair  opportunity  to  find  some,  for  sulioming 
of  whom,  they  may  pnoeeA  agai^  me.  '  Bui 
being  wdl  ntisfied  m  my  aboorreoce  of,  and 


mr]  STATE  TRIALS,  aCCuARLBs  II, 

fkUL  1  haTC  ever  been  ao  hr'nom  dmivag 
ipeople  to  8RV  mwre  tbaa  th«y  ooold  safely  do- 
poie,  lh«t  I  dM  alwayi  broach  and  «tyoitt 
dieia  mveh  ratber  Bot  to  swear  any  tbmg, 
thao  tbe  Icasl  tittle  more  than  waatrne ;  assur- 
ing tliem>lhat  wbosoerer  in  this  case  testify 
mora  than  is  truth,  and  thecoupon  any  ahould 
wifer  by  socb'peijury,  they  would  eomniit  the 
worst  of  murders,  for  wlucb  one  day,  (though 
there  not  deteoled)  they  must  give  a  severe 
nooonnt. 

**  My  lords,  In  all'  I  did  heretofore  suffer 
fiom  my  adversaries,  whether  during  my  being 
ffoaeottted,  or  five  years  imprisonment,  I  had 
not  one  uneasy  thought,  that  moved  me  in  the 
lettrt  to  repent  my  having  engaged  in  so  just  a 
«aaie;  and  1  was  firmly  possessed  with  a 
strong  bclid','  that  I  should  Lve  to  see  the  day 
wherein  my  lord's  death  might  receive  its 
BToper  name,  and  myself  vindicated  firom  that, 
|br  whk^h  I  had  been  so  powerfully  and  mali- 
•iously  accused,  and  unjustly  oonvicted,  and  1 
hope,  diat  day  will  then  come,  when  your 
ioraships  shaU  think  fit  to  rnoye  to  revive  this 
committee^  in  oif|er  to  the  bringing  iu  your 
lordships'  report  But  what  I  have,  or  do 
•nfier  in  the  mean  while,  though  it  is  more  than 
«M|  be  imagined,  yet  I  must  and  shall  submit 
^  your  lorUdps  great  jodgipent  hereb. 
.  ^  My  bids,  lam  very  sensible  of  the  great 
fihaiv^thft  ri^t  honanvaUe  the  earl  of  Essex 
hath lieen  at  in  this  proseoution  before  your 
lordships^  though  net  greater  than  therein 
bath  been  enpended:  but  I  canai^t  apjply 
nayself  to  his  lordship,  either  for  what  remaina, 
«r  lo  bia  lordship  ar  bis  honourable  fiunilv  or 
dsewhera  fisr  any  salisfiiotion  for  what  I  have 
done  and  (through'  oppressian  as  severely  aa 
luynaUy)  sttffered  under  the  male  admmis- 
trntioB  of  the  late  tsmsa,  till  the  henour  of  the 
truly  ri^bt  heaanraUe  but  unfottmiate  earl  of 
Basex  is  rescued  from  that  ui^nst,  fiilse  and 
infamous  imputation,  under  which,  (in  many 
man's  opinions)  it  hath  se  many  years  been 
Innied;  and  without  some  assistance,  I  must 
Heasenably  expect  ^  be  cast  into  gael  for  some 
ef  theae  very  debts  #hich  my  long  misfortunes 
luwe  oontraoted  ;  in  whieh  miserable  i^ace  I 
loa^  possibly  perisb  for  want  of  breadT.  But 
vbicb  is  much  worse  than  death,  thus  I  was 
Mice  lo  suffer  under  the  most  odious  character 
(from  toomany)  of  u  infamous  imposture  and 
common  suborner.  For  the  avoiding  tb^rerore 
the  wont  cftbeae  two  evils,  1  have  published 
to  the  world  my  own  just  Vindkation ;  and  I 
am  SQA  your  larddupa  can  never  blame  me  for 
endeavouring  to  avoid  ao  hard  and  undeserved 
nfots.  And  should  all  this  psove  my  misfiir- 
tone,  (I  am  well  aatisfied)  it  la  without  in  this 
Tfespeot  ray  fault ;  and  therefore  having  done 
tiotning  herein,  but  whatlean  answer  to  God, 
and  a  good  oonscienea  (and  I  ehaUenge  all, 
•ven  the  greatest  of  my  adversaries  to  prove 
the  contrary)  I  shall  (1  nop®)  never  repent  of 
having  done  my  du^,  but  shall  patiently  wait 
i»  nddifwanne  fiwithatwiMih  wiU  ynft  n 


period  to  all  the  Qrannona  eppresratsf  siA 
as  groan  under  the  w^ht  tberaof;  bet  (vidmt 
true  repentance,  whidi  God  in  meicy  giiin 
to  all,  even  the  matest  of  my  cneoiii)  will 
prove  but  the  Manning  of  a  mors  hsUia^ 
sorrow  to  the  chief  author  hereof ;  fitrnwhsm. 
as  God  in  mercy,  by  our  nresent.  aofcreigi 
hath  once  delivered  us,  so  I  nope  be  will(wai 
against  the  wilb  of  too  many  amoagitai,  nd 
contrary  to  the  deserts  of  all)  eontinus  dat 
blessing :  towards  the  first  procuring  vberraf, 
as  3rour  lordships  were  some  of  our  chidot 
patriots,  so  (I  am  sure)  you  will  io  that  evil  day 
which  threatens,  ei;^rt  vour  utmost  ibr^pK- 
yeotion  of  that  worK  tnan  Egyptian  boDdifi^ 
in  which  the  more  than  Jsraektish  mtdoMi 
of  not  a  few,  strenuously  endeavour  to  la- 
iastate  us. 

"  And  that  Gi>d  may  continae  vour  lord- 
ships' health  to  see  this  black  doud  all  Uowb 
over,  and  a  prosperous  and  a  well  nouaded 
peace  firmly  settled  amongst  us,  snd  a  ko| 
oontinuanee  of  your  lordships  in  tbe  cajoy- 
ment  thereof,  is  the  humble' prayer  of  bm 
who  dolh  earnestly  beseech  your  lonMupi' 

rrdoD,  if  in  this  publieatioii,  or  present  addroi, 
have  in  the  least  offended  your  kMup 
whose  I  am  in  the  moKt  humbte  services;  asd 
whilst  I  live  shall  be  ambitious  of  being  tboqgk, 
I  my  lords,  your  lordshipe'  most  obedietit  and 
devoted  servant,  Xawrencb  Bbaddoh." 


I  have  abo  before  me  an  anenynMuspompb' 
let  on  thii  same  subject,  which  appears  to  m 
been  printed  in  the  year.  1689.  It  is  lUbcr 
longer  than  Braddon^s  **  Letter  to  a  Friesd," 
printed  in  the  text  of  the  former  editioD,  isd 
bears  this  title,  '*  An  finroiry  into  sod  I>ete^ 
« tion  of  the  barbarous  Muriher  of  tfas  hie 
'<  Eari  of  Essex,  or  a  Vindication  of  thatNebh 
<<  Person  firom  the  Goik  and  Infomy  of  harai| 
^  destroyed  himadf." 

Ralph,  relating  the  parii—KirtwypfO"*^ 
mgs  of  the  year  ia89»  ao^  *«  The  Lordi,  h 
tbe  beginning  of  the  sesskm,  appobtid  a  «o* 
cial  Committee  to  makei  an  Inqnby  iato  w 
death  of  the  earl  of  Eases;  buttheoghnM 
persona  were  examined,  and  one  (captaia  Htt* 
Jand]|  was  ooounitted  to  Nsnrgate,  aader  a 
suspicion  of  bein|^  eoncemed  in  his  nordff, 
only  some  small  curNunatancea,  says  sr  Jata 
Reresby,  appeared^  which,  it  seoaas,  Mant 
sufficiently  mateniki  and  oectsin»  nthor  ^ 
ground  a  nrosecnlion  up<M,  or  evea  too» 
thorise  sucli  a  report,  as  might  sefve  ts  in^ 
Braddon's  booflw  or  the  nee  whidi  bad  ka« 
made  of  them.  [Sir  John  Bereshy'f  ««^ 
are  *  Publie  declaratien  Ivad  been  mode  Ikit 
the  birth  of  tl«e  prinee  of  WaleaiiatfthaV 
supnesitkioas ;  that  thflM  was  a  private  litg 

made  with  FicanoetP  inshive  Bngtea^i  f^ 
the  murder  ef -the  kta  king  amdef  tbe  sHitf 

Essex,  would  be  aoapl^  made-  ants  mif^ 
■edung  of  all  thia  appearad,  ucspting  ^ 
amaU  eiNnaHlajaoaf  idating  te  tne  sana 


lit 9]        9t«m  VRIAUi  SSCHAtttl  It.  ISMH^  •  #tMlfMmMr»       [ti» 


tint sM Bnd^, MfmiMim,  iMmAf  per^ 
muked  in  bis  former  cham,  b«rt  Imiff  Mut^  in  ft 
priMBd  Apology*  f&r  his  own  cdnnnct  in  that 
affair,  Ufainsl  the  oemures  iiassed  on  him  hy 
Dr.  Buinet,  more  than  insit^uatedy  tiiat  tte 
coqnijry  was  stifled  hvsttch  a  confederacy  0f 
interests,  as  wonld  have  been  too  mighty  for 


t*^Mhi 


*  This  printed  Apolog^y  seems  to  be  the 
4Vact  here  printed. 


My  nvoom  Of  OfidMOSi^  hftfW  lRffifn||ihle  of 
Mtonons  soev«t." 

Bat  as  Braddon,  many  years  aftervwdi^ 
pMished  a  foUer  diseouno^  wto  wfaioh  he  in- 
oorporated  dM  contents  of  his  "  Letter  10  a 
"  Friend,'*  and  m  which  he  also  notieas  ob^ 
jections  which  had  been  made  to  the  matter  of 
that  Later,  I  have  thought  it  better  lo  sub* 
stitute  the  larger  4liBc^rse»  with  its  Title,  He* 
diicatiou,  and  Prefhce.  ' 


BUhop  Burnet's  late  History  charged  with  great  Partiality  and 

Misrepresentations,  to  make  the  present  and  future  Ages  be- 

.  lieve,  tliat  Arthur  Earl  of  Essex,  m  1683,  murdered  himself* 

But  the  Memory  of  tbnt  great  Patriot  is  here  vindicated  from  that  false  Charfe,  and  it 
is  here  proved,  that  his  Lordship  was  barbarously  murdered*  m  the  Tower,  tbt 
third  Morning  after  his  Commitment*  And  Mr.  Braddon,  in  1083,  was  pun 
seciited  and  fined  2,()00/«  and  ordered  to  give  Secnritj  for  his  good  Aehttviovf 
during  Life,  A>r  endeavourmg,  by  lawful  Means,  to  discover  thb  Mnrder ;  aod  he 
was  imprisoned  near  five  Tears,  before  the  Revolution  discharged  him.->-And,  ill 
l6S8,  and  89»  Mr.  Braddon  prosecuted  that  Inquir]^  before  a  Secret  Committee 
'  of  Lords;  and  near  Sixty  Witnesses  were  etaniined  in  relation  to  that  Murder | 
and  an  Abstract  of  ttieir  Examinations  i^^here  reprinted,  with  Remarks  thereupoo; 
And  the  Reason  given  why  the  Lords,  upon  those  Examinations,  came  to  no  Re« 
solution,  in  relation  to  the  manner  of  his  Lordship's  Death.  With  ObserMions 
upon  the  supposed  poisoning  of  King  Charles  the  Second;  and  one  of  the  most 
probable  Causesthereof,  IS  here 'mentioned.  Written' by  Mr.  BaADl>ON.  London: 
Printed  for  Joseph  Pidtles,  in  New  Palace-Yard,  Westminster,  1725. 

since  have  endeavoured  to  vindicate  the  me* 
mory  of  that  great  Pstriot,  and  noblelord,  Arthur 
eari  of  Essex,  Irom  the  ialse  chaige  of  self* 
murder,  hi  tnshop  Burnet's  lata  HStory  .eon<- 
tained.  And  I  wonld  have  also  etadeavoured  t» 
have  cleared  myself  firom  that  unjust  ledeo* 
tioo,  of  being  an  Enthusiast,  as  that  prelate 
hath  therein  represented  me  to  be. 

When  in  1683,  I  was  engaged  in  the  ia» 
qnity  into  the  desth  of  the  em  of  Emex ;  tho 
Paiusts  then  represented  me  to  be  a  mad-man ;. 
and  therefbre  those  danderers  then  said  thai 
no  regard  was  to  be  had,  to  what  I  did,  in  ve» 
lation  to  my  inqolry  into  the  death  of  the  eail 
of  Essex.  But  those  my  Popish  fhlseacenscra 
did  not  then  consider,  thiLt  by  that  r<6port,  thef 
cast  a  much  greater  reflection,  upon  their  ihm 
fkvorite  ministry,  who  at  the  council  boavd 
then  demanded  of  me  bonds  (with  goodsove- 
ttes)  in  1S,000/.  for  my  appearance,  and  as 
much  more,  with  jg^ood  sureties,  ftr  my  good 
behaviour.  Certamly  all  those  privy  coon» 
seDors  then^  at  thst  coon^-boerd,  had  then 

justly  deserved  to  he  teitned  mad,  for  re%oii'- 

• —        ■       ■  ■       - 1. 

an  eminent  vi^nes;  the  other  of  the  Om^ 
mons;  and  both  ceiJous  IVotesttnta,  and  opi* 
ponents  to  tilm  design  m  intiomwlng  popefy 
and  atbitraiy  powef. 

*^  I  mustmerve,  whether  my  lord  of  Bi<^ 
sex  killed  himsdf,  or  w»s  to  m  killed;  the 
kingand  his  brother  were  both  in  the  Tower 
wh«itlieaotwasd«Qe,andimBediatsly  notka 


TO  THB 

B^t  Hon.  WILLUM  Earl  of  ESSEX, 
and  to  all  the  Right  Hon.  Descendants 
from,  and  Relations  to  that  Noble  Fa- 
mily, this  VINDICATION  of  that  great 
Patriot,  Arthur  Earl  of  Essex,  who,  in 
,1683,  was  treacherously  and  barbarously 
nqrdered  in  the  Tower,  from  Bishop 
Bnmet's  false  Charge  of  Self- Murder,  is 
humUy  dedicated,  by  his  Lordship^  and 
their  Honour's  most  humble,  sad  most 
obedient  Servant, 

Laubknck  Bradoon^ 

THE  PREFACE. 

Had  I  not  been  afBicted  with  sickness  ihr 
taiany  months  past,  and  otherwise  hindered 
firom  writing  what  1  have  now  publsdied  re- 
lating to  my  lord  Essex's  death,  i  should  long 

'  *  The  question  concerning  the  manner  of 
JSssex's  death,  is  considered  at  some  lengdi  by 
Itapin,  Ralph,  and  other  historians.  Mr.  Hnme 
Is.,  very  decided  that  Essex  killed  himself. 
Itsger  Coke  writes  thus : 

**  The  great  design  was  upon  my  loird  of 
«£ssex  and  my  lord  RusscU :  one  the  most  emi- 
nent of  the  nobility,  fiir  his  great  honour  tad 


ItSl]  STAT£  TRIALS  56 CuABUS  IL  \6$^^TiMqf  ^rtMrnrndSpth^lmi 


mg  13,000/.  bonds,  with  giood  suretiet  for  the 
y<M>d  bebaTiour  of  a  madmaii,  had  1  tbei^  beeo 
reaUy  such.  / 

But  this  reTerend  prelate  in  his  late  History 
hath  (iQ  effect)  revived  that  chaiigre  a^nst  roe, 
by  representing  me  an  enthusiastical  man, 

was  sent  to  the  Old  Bailey,  that  in  the  worst 
sense,  use  might  be  made  of  it  by  the  king's 
counsel  against' my  lord  Russell. 

'*  The  ola^e  of  the  earl's  having  murdered 
himself,  having  had  its  designed  effect  upon 
my  lord  RusselY's  trial,  July  13, 1683,  the  next 
step  was  to  satisfy  the  nation  tlie  earl  murdered 
himself;  and  to  this  purpose  the  coroner's  in- 

3uest  must  necessarily  sit,  and  give  their  ver- 
ict ;  but  so  the  business  was  ordered, '  that 
before  the  jury  was  impanneUed,  the  earl's 

Eras  taken  out  of  the  doset,  (where  it  was 
ded  he  murdered  himself  and  stript  of 
thes,  which  were  carried  away,  and  the 
closet  wasbts  and  when  one  of  the  jor^  in- 
sisted upon  seeing  my  lord's  clothes  in  which 
he  died,  the  coroner  was  sent  for  into  another 
toovtk ;  and  upon  his  return,  told  the  jury  it 
was  my  lord's  body,  not  his  clothes,  they  were 
to  sit  upon.  And  when  it  was  moved,  that  the 
jury  should  adjoora,  and  give  my  lord's  rela- 
tkms  notice,  that  if  they  had  any  thing  to  say 
on  my  lord's  behalf;  it  was  answered,  the 
king  nad  sent  for  the  inquisition,  and  would 
not  rise  from  the  council  board  till  it  was 
brought. 

«  J  do  not  ftnd,  &at  when  the  like  practices 
were  used,  and  when  the  coroner's  inquest 
fonnd  sir  Thomas  Overbury  died  a  natural 
death  in  the  Tower,  that  two  years  after,  when 
Reeves,  the  apothecary's  servant,  made  the 
first  discovery  of  sir  Thomas  his  being  |Mt- 
soned,  that  Reeves  was  prosecuted  ibr  flying 
in  the  hce  of  the  government,  and  questioning 
the  justice  of  the  nation,  as  Mr.  Speke  and  Mr. 
Braddon  were  for  endeavouring  to  discover  the 
murder  of  niy  lord  of  Essex.  I  am  sure  their 
inducement  for  the  proofs  of  it  was  manifoldly 
more  than  Reeves's  were  of  sir  Thomas  Over- 
bnry's ;  and  I  wish  I  understood  what  their 
crimes  were  more  than  Reeves's :  but  that  be- 
ing for  tlie  king  and  justice  of  the  nation,  they 
might  to  have  been  encoursged,  if  there  bad 
be«i  no  foul  dealinc^  in  the  earl's  death.,'' 
Coke's  Detection,  vol.  2,  p.  315. 

Sir  Richard  Bolstrode,  who  was  king's  resi- 
dent at  Broasds,  in  his  Memoirs,  after  having 
related  in  ita  proper  place,  *' This  morning  be- 
ing the  13th  of  July  [1683]  the  lord  Roseell 
and  Hone,  the  joiner,  were  brought  to  their 
trial  and  found  ^ilty  of  high  treason.  At  the 
same  time  the  lung  being  visiting  a  fortifka- 
tion  that  was  making  in  the  Tower,  the  earl 
d'  Essex,  withdrawing  into  his  closet,  cut  his 
owiT  throat  with  his  razor,  of  which  he  died 
immediately:"  in  the  next  year  [Afay>  or 
June]  says,  '<  I  am  told  from  a  good  hand 
that  Danvers,  who  is  now  in  the  Gazette 
was    the   anthor    of  that   damnable    libel 


that  is,  one  madly  ponort  with  false  nolioni  it 
reliffious  matters. 

Now,  this  bishop  being  resolved  torepreHst 
Arthur,  earl  of  Essex,  as  feh  d^  le,  asd  wcH 
knowing,  that  I  had,  by  a  v^  long  aod  ex- 
pensive mqniry,  endeavoured  to  prove  that  lui 

■ ■ .  ■  ,  ^ 

about  the  earl  of  Essex,  being  a  parcel  «f  lies 
and  forgeries  maliciously  pot  together  to  ps^ 
suade  the  Whigs  and  ignorant,  that  tbethoi 
earl  of  Essex  was  murdered  by  order  of  tbi 

government,  when  it  was  apparent  that  be  cot 
is  own  throat."  ^ 

In  a  Note  to  3  Kennett  Comp.  Hist  p.  400, 
2d  edition,  it  is  said,  '<  The  Rer.  Br.  Good- 
man had  been  chaplain  and  confident  of  tte 
earl  of  Essex ;  and  when  seriously  asked  Ui 
opinion  of  the  death  of  his  lordship  in  theTovcr, 
he  answered,  He  would  give  all  he  bad  io  du 
world  to  believe  that  the  earl  had  not  kiUed 
himself." 

The  present  earl  of  Essex  (1810)  has  ia- 
fbrmed  me,  that  he  saw  in  the  books  of  ifce 
Treasury  an  account  of  payment,  after  had 
Essex's  death,  of  a  pension  to  Bommeney,  bj 
order  of  Charles  the  Second.  1  baveloobd 
through  the  indexes  ^which  however  are  &alty) 
of  the  Warrant  Books  in  the  Treasury,  from 
before  the  time  of  lord  Essex's  deatli  to  No- 
vember 1688,  and  do  not  find  in  them  tbt 
name  of  Bommeney. 

The  following  extracts  irom  a  work  to  wbidb 
I  have  of%en  referred,  have  relation  to  the  w- 
nions  entertained  and  propagated  respectingji' 
sex's  death : 

"  One  Boileao,  a  French  Protestant,  pleaded 
guilty  to  an  indictment  for  sdKng  a  scaiidilooB 
book,  called  *«  L'Esprit  de  Monsieur  Aniaad." 
(which  vindicates  the  late  lord  of  Essex  fron 
murdering  himself)..  But  the  king  was  pleand 
to  shew  him  mercy,  so  he  was  fined  but  6f.  9d, 
and  discharged  without  pi^mg  his  fees. 

"  Dec.  19th,  1684.  There  has  heea  fiir 
some  days  past  a  scandalous  libellous  book, 
entitled,  ^*  An  Enouiry  about  the  haibaroos 
Murder  of  the  Eari  ol^  Essex,"  and  a  single 
sheet,  writ  by  colonel  Danvers,  being  aa  sb- 
stract  of  the  former,  thrown  about  the  aMf 
and  in  at  several  persons'  doors ;  and  there  is 
a  reward  of  1,000/.  published  in  the  Gazetfe, 
for  any  one  that  shall  apprehend  the  said  osL 
Danvers. 

<*  F^.  8,  168$.  Lancelot  Colston,  oaetf 
the  coroner's  inquest  that  sat  on  the  late  esn 
of  Essex,  pleaded  at  the  Court  of  Kiog"*- 
bencb.  Not  Guiltjr,  to  an  information  fiir  wwdi 
he  had  said  toucmng  the  same,  *  That  it  vtf 
<  impossible  any  one  should  cut  his  threst  ■ 
*  tb^  manner,*^  &c. 

"  July  8th,  168i.  One  Nordco,  convidei 
for  bringing  m  several  of  the  libels  sbout  ths 
late  earl  of  Essex,  was  sentenced  to  m  900 
uMurks,  to  stand  in  the  pillory  at  Ratcliftf  ke 
bound  to  his  good  behaviour  §Qt  ievcn  ysii^ 
and  to  be  committed  UU  dona. 


1SS31 


treacherously  nttrdered,  that 


tiiu 


lordBhip  'WKB 

|fn»t  prelate  was  therefore  also  resolved  io  give 
nie  «uch  a  contemptibie  character,  that  all 
men,  irbo  should  believe  me  to  be  such,  would 
immediately  reject,  and  despise  alt  the  proois, 
by  roe  brought  io  contradiction  to  the  bishop's 
aa^pgestions.  For  all  men  of  observation  find 
this  to  be  true,  viz.  that  the  geuerality  of  man- 
kind believe  things  to  be  true  more,  from  the 
character  of  the  relator,  than  from  the  argu- 
ments which  he  brings  to  prove  his  assertions 
to  be  true,  and  therefore  if  a  man  be,  though 
mtjustly,  thought  a  contemptible  fellow, 

AH  Lis  argnments  which  he  brings,  for  his 
opinion,  though  never  so  conchisire,  shall  not, 
bv  those  who  despise  his  person,  be  at  aH  con- 
siiiered,  but  immediately  rejected,  with  con- 
tempt. 

And  ti)is  I  do'solemnly  say,  that  1  do  beliete, 
the  memory  of  that  great,  bnt  imfortunate 
peer,  hath  aufiered  more  injustice  from  what 
that  leamied  dignitary  hath  said,  writ  and  done, 
to  prove  my  lord  a  self  murderer,  than  by  all 
that  was  sworn  before  the  coroner  m  proof 
tuereoi. 

For  my  lady's  belief  of  the  self  murder, 
bath,  ia  common  coDversation,  been  always 
urged  as  the  principal  ailment  to  maKC 
others  believe  tnat  his  lordship  cut  hi^  own 
throat.  And,  by  the  bishop's  late  History,  it 
appeara,  tliat  such  her  opinion,  was  principally 

"  Nov.  37th,  1685.  One  Lanncelot  Col- 
flton  being  convicted  of  sjpeakiog  words  against 
the  bquishion  that  found  the  late  earl  of  £ssex 
feio  tfe  te,  he  being  one  of  the  jury,  was  scn- 
teneed  to  pay  1200  marks,  and  be  committbd 
tfll  paid. 

''  Jutae  17th,  1686.  One  lliimbleton,  an 
Anabaptist  preacher,  convicted  of  publishing 
Mveral  libels  as  to  the  murder  of  tbe  ear]  of 
Bssex,  was  sentenced  to  pay  }00/.  fine,  to  stand 
in  the  piiVory  thrice,  at  We&tminster-liaU  ^te, 
«t  the  Kxchanve,  and  at  Wappmg.*'  Narcissus 
Lottreirs  <'  Brief  Historical  Rel&on/'  MS.  in 
«ii»  library  of  All  Souls'  eoliege. 

« 

The  fbllowing  pass^  is  extracted  fimn  tht 
**  Diary  of  Henry,  &ri  of  Clarendon,  sub- 
j«i»d  to  bis  State  Letters,"  (4toOtford,  1763) 
*^  M69,  May  97,  Monday,  in  the  aftmoon, 
my  wife  and  I  went  to  Chelsea  to  the  dutches* 
«t  Benifort,  whom  we  foami  alone.  She  told 
me  the  whole  story,  how  lady  Essex  had  sent 
4«r  her  and  her  lord,  and  tdl  tfie  relations. 
lard  Bedford,  Devonslhire,  bishop  Burnett,  and 
jmung  Mr.  Hampden,  about  the  matter  relat- 
ing to  ford  Essex's  death,  now  depending  be- 
fore Hie  Committee  of  Lonls ;  that  she  had 
decllared,  lliat  she  believed,  he  killed  himself; 
Mifl,  therefore,  deshwl  the  basiness  might  fall. 
CHie  toM  ine,  Burnett  and  Hampden  both 
<Hrtied  tbe  ootispirac}'  i^inst  king  Charles  2. 
I  should  hare  beenthere,  if  I  had  Men  in  town. 
Brother  CapeH  tnceoBied  himself,  prfftending 
fa  be  indisposed,  which  looked  very  odd." 
((ote,  Lord  Ckrendoii  was  married  to  a  tarter 

VOL.  uu 


grounded  upon  that  bisfaoo's^  judgment,  or 
upon  what  he  declared  in  relatfon  thereuuto. 

And,  it  appears  by  what  follows,  tiiat  t  have 
suffered  more  misfortunes,  from  that  bishon^a 
unjust  character  g^ven  me,  Aan  by  the  arni* 
traiy  prooecution  of  a  corrupt  administration,  ia 
the  reign  of  king  Charies  the  Second.  For 
that  last  oaisfortone,  continued  about  fiveyears^ 
and  all  that  time  I  was  pitied  by  those,  who 
knew  my  sofferiiifit,  and  wished  well  to  their 
native  country.  But  the  bishop,  in  common 
conversation,  representing,  me  an  enthusiast 
and  a  mad  man,  hatii,  by  those  who  believad 
me  deserving  those  charslctera,  made  me  to  be 
despised  and  treated  with  contempt,  for  9S 
years  past.  And  therefore  I  can  truly  say 
that  I  hove  sufferea  more  injustice  occasioned 
by  that  bishop's  ill  treatment,  than  firom  the 
tpannical  oppression,  of  a  prevalent  Popisia 
faction,  by  five  years  unjust  imprisonment. 

Soon  alter  doctor  Burnet,  in  1688,  outte 
with  ti^e  then  Prince  of  Orange,  to  London,  I 
met  him  at  St«  James's  Palace,  where  be 
treated  me  with  aseemioggreat  affection,  tbea 
assuring  me,  that  he  woatu  do  me  all  tiie  ser- 
vice within  his  power.  But  as  soon  as  1  re« 
newed,  before  the  House  of  Lords,  the  inquiir 
into  my  lord^s  Murder,  that  reverend  doctor^ 
carria^^e  towards  me  was  mightily  chanral^ 
and,  instead  of  speaking  kindly  to  me,  oe 
would  not  after  that  so  much  as  afford  me  m 

. s  .  ■  ■ 

of  lord  Essex's.  By  <'  brotiier  Capel,"  I  imp- 
pose  he  means  Henry  Capd,  next  brother  te 
the  eari  of  Essex,  who,  in  16d^,  was  cmted 
lordCapel.    , 

Sir  John  Dalrymnle  (Memoirs  of  Creafi 
Brttain  aud  Ireland,"  part  1,  book  1,  P-  91» 
4to  ed.  of  1771),  after  mentiotainff  that  EsseXy 
Sidney  a&d  Hampden  were  formi&ble  ^  partly 
because  they  were  determined  Deists,  and 
partly  because  they  who  believe  they  have  a 
^btorer  their  o«.^  lives  8re  >lw»^«  masten 
of  ibose  of  other  men"  sobioins  m  a  note» 
^'  Hampden  killed  himself  ate  the  Ilevola- 
tioo.  Essex's  death,  together  with  a  letter 
from  lord  Arran,  tbe  duke  of  Ormond's  son,  to 
sir  Leoime  Jenkins,  84lh  July,  1688,  in  the 
Paper  Office,  shews  that  jBssex  bad  the  same 

Einciples."  It  may  be  doubted  whether 
ampden's  flying  to  suicide,  as  a  relief  fironi 
the  feeling  of  uneasiness,  remorse,  and  shame 
with  whidi  he  was  afflicted,  is  any  proof  that 
be  was  a  determined  Deist,  or  that  he  beliere4 
upon  principle  that  he  had  a  right  ovcrhia 
life.  1  have  (November  1810)  examined  the 
Letter  in  tbe  Paper  Office,  mm  lord  Acran  to 
sir  Leoline  Jenkins:  it  says  nothing  of  Essex's 
principles,  and  the  part  which  relates  to  Essex 
morely  mentions  that  tiie  writer  at  first  fdt 
much  surpivce  at  the  information  that  Essex 
had  destroyed  himself,  but  that  bis  rarpriase 
was  diminished  by  the  recollec^on,  that  whea 
akierraan  Quin  cut  his  throat,  Esitex  said  be 
thought  tiiat  waa  an  ^asy  death. 

4K 


1235]  STATE  TRIALS,  S6  Chabm»  IL 

favourable  oounteDance  ^  but  whenever  be 
saw  me,  be  would  turn  away^his  face,  with 
suQh  an  air  of  contempt,  as  proved,  that  he 
thought  rae  not  deserving  tliat  common  respect, 
which  is  generally  due  to  all  manl^nd.  For 
that  learned  doctor,  in  1683,  haying  hindered 
roy  lady  from  then  prosecuting  my  lord's  mur  • 
derers;  and  baving  then  endeavoured  to  per- 
suade her  ladyship,  and  all  others  with  whom 
he  then  conversed  relating  to  my  lord^s  deatli,' 
that  m^'  lord  himself  cuthis  own  throat.  Ttiaf 
great  judge 'of  men  and  things  would  much 
rather,  that  the  memory  of  my  lord  of  Essex, 
Lis  noble  friend,  should  continue  to  irot,  under 
an  infamous,  though  false,  charge  of  self-mur- 
der, than  that  his  own  great  judgment  should 
appear  to  have  been  imposed  upon,  in  relation 
thereunto. 

In  the  title  of  this  discourse,  1  have  charged 
bishop  Burnetts  late  History  with  great  parti- 
ality and  misrepresentations,  to  malce  the  pre- 
sent and  future  ages  beHe?e,  that  Arthur,  earl 
of  Essex,  in  1683,  murdered  himself  in  the 
Tower.    Now, 

If  in  the  following  Discourse,  it  shall  plainly 
appear,  to  every  unprejudiced  and  judicious 
reader,  that  the  bishoj),  in  that  History,  bath 
omitted  all  the  mateiial  proofs,  which,  that 
prelate  was  credibly  informed,  were  sworn  by 
many  credible  persons  before  the  Secret  Com- 
mittee of  Lords,  'to  prove  that  my  lord  was 
treacherously  and  barbaro usly  murdered.   And, 

If  on  the  contraiT,  that  prelate  hath  as- 
,  serted,  in  proof  of  the  pretended  self-murder, 
several  things  as  credible,  from  the  authority 
of  that  very  perverted  Papist,  Boiueuy,  whose 
Information  before  my  lord's  coroner,  and  his 
near  station  to  my  lord  of  Essex,  at  the  time 
of  his  death,  must  prove  bim  privy  to,  if  not 
acting  in  my  lonl's  murder,  in  case  his  lordship 
"was  harbarously  murdered  by  others.  I  say, 
.  intirely  to  omit  all  the  material  and  credible 
.  proofs,  in  ikvour  of  my  lord,  whom  t)iat  prelate 
declares  to  have  been  one  of  the  two  best  friends, 
be  had  in  the  world.  And,  c  controy  for  prov- 
ing this  pretended  self-murder,  for  this  bishop 
to  assert^t^os  credible  the  relation  of  a  Papist, 
who  was  justly  suspected  to  have  been  in  this 
murder,  must  prove  this  prelate  to  have  heen 
very  partial,  in  such  his  representation  of 
things,  relating  to  my  lord's  death  ;  and  also 
very  unjust  and  ingrateful,  to  the  memory  of 
Lis  noble  friends,  and  great  kcoefactor.     And, 

If  it  sliallfarther  appear,  that  this  learned 
prelate,  bath,  imperfectly  and  unintellii^ibly, 
represented  some  thing's,  sworn  at  my  ^IVial, 
in  proof  of  my  lord's  being  treacherously  mur- 
dered. And,  at  the  same  time,  in  favour  of 
the  pretended  self-murder,  hath  asserted  some 
things  as  credible,  which  his  lordship  had 
cause  to  Hbelieve  to  be  false.  Then  may  that 
bishop  be  truly  charged  with  unjust  misrepre- 
sentations. 

And  the  bishop  hath  not  only  endeavoured^ 
by  what  bis  lordship  thought  proper  argu- 
ments, to  prove  the  earl  fclo  de  se;  out 
Ihftt  prelatd  would  persuade  we  wprld,  thaX  it 


ialefSrUdmmidSpeke,  [1236 

was  impossible  it  should  be  otberirise.  Ftr 
the  bishop  saith,  *  That  when  my  lord's  body 
'  was  brought  home  to  his  own  house,  and  the 

<  wound  was  examined  by  his  own  smrgeoD, 

*  he  told   me,  it  was   impossible  the  wound 

*  could  be  as  it  was,  if  given  by  any  other 
'  hand  but  his  own.'  What  this  surgeon  thus 
told  the  bishop,  that  prelate  believed  to  be  true, 
or  he  would  not  here  have  mentioned  it; 
though  the  reason  that  surgeon  then  gave  the 
doctor,  for  such  his  opinion,  was  both  false  and 
ridiculous,  viz.  '  For,  saith  that  surgeon,  ex- 
'  cept  he  had  cast  his  head  back,  and  stietched 
*•  up  his  neck,  all  he  coul<|,  the  aspera  arterM 

*  must  have  been  cut.' 

Here  my  lord's  surgeon  denies,  that  tke 
aspera  arteria  were  cut,  which  there  is  reason 
to  believe  to  be  false,  because  die  two  siirgeoos, 
who  viewed  my  lord's  body  in  the  Tower,  have 
sworn,  that  the  aspera  arteria  were  cut.  Bot» 
admitting  they  were  not  cut,  the  ridicalous 
part  of  that  surgeon's  reasons,  [wherefore  nona 
but  my  lord  could  do  it,  in  the  manner  it  was 
done,]  consists  in  saying  to  this  effect,  viz. 

*  That  no  person  or  persons  whatsoe\  er,  coukl 
'  hold  my  lord's  head  so  far  back,  and  stretch 

*  Out  his  neck  so  much,  whilst  his  throat  W9S 
*'  cutting,  as  my  lord  himself  could  do  it.' 

Now,  this  is  contrary  to  what  was  declared 
before  (he  Lords'  Committees,  by  several  judi- 
cious physicians  and  surgeons,^who  were  great' 
anatomists.  For  all  those  anatomists  told  their 
lordships  that  they  .would  not  positivdy  say 
that  it  was  ipapossible  for  my  lord  to  cut  fais 
throat  through  each  jugular  vein,  the  asptra 
arteria  and  gullet,  to  the  very  neck-bone,  and 
even  behind  each  jugular  vein,  on  each  side  of 
the  neck,  as  some  judicious  smgeons,  who  had 
viewed  the  throat,  had  reported  it  to  be  cut. 
But  this  they  would  be  very  positive  in,  viz. 
That  they  never  saw  any  man's  throat  so  eat, 
which  was  cut  by  hunself.  And  they  did  then 
farther  declare  to  their  lordships,  that  they  did 
believe, '  That  when  any  mannad  cut  through 

<  one  of  his  jugular  veins,  and  the  guUet  and 
'  wind-pi[)e,  and  to  the  very  neck-bone,  nature 

<  would  thereby  be  so  much  weakened,  by  the 

<  great  effusion  of  blood  and  animal  ^ints, 

*  that  the  Jelo  de  se  would  not  have  atrengdi 

<  sufficient'  m  cut  through^  and  behind  ne 
'  other  jugular,  as  my  lord^s  throat,  by  auigeoas 

<  which  saw  it,  was  said  to  be  cuL' 

Besides,  my  lord  bishop  was, credibly  in- 
formed, that  my  lord's  oentinel  had  conftst 
the  letting  in  three  men  to  my  lord,  a  little  be^ 
fore  his  death.  And  tliat  thereupon  he  heacd 
a  great  trampling  in  my  lord's  chamb^,  aad 
he  heard  somethmg  there  fall,  or  thrown  down, 
like  the  fall  of  a  man.  And  the  bishop  was 
farther  credibly  informed^  that  it  was  swon 
that  four  men  were  seen  busthng  in  my  lord's 
chamber,  a  little  before  his  death  was  known, 
and  that  one  of  those  four,  this  informant  heaid 
cry  out  murder  several  timas. 

Now,  I  desire  to  know,  whether  two  of  those 
three  assassinates,  kneeling  on  my  lord's  back, 
and  with  ^e  additional  weight  of  Ute.thM 


'l S37]        STTATl^  TRIALS,  36  Caarlss  II.  l^U.-^Jar^a  Misdemeanor. ^         [1238 


Tnfflan's  body.  T  say,  whether  two  of  those  | 
ruffians,  thus  assisted  with  the  third  braFo's 
weig^ht,  could  not  keep  my  lord  down  upon  his 
i>el}y,  and  hold  his  haiids  behind  his  back, 
ni'hilst  tlie  third  bloody  villain,  with  one  haod 
pulled  np,  and  back  my  lord's  head,  and  so 
"Stretch  oat  his  neck  as  far,  and  as  long  as  it 
was  necessary  to  be  stretched  out,  whilst,  with 
the  othdr  hand,  he  cat  his  throat,  either  abore 
«ii*  through  the  aspera  arteritf,  and  through 
•and  behind  both  the  jugular  veins,  and  through 
the  gullet,  even  to  the  neck-bone.  That  sur- 
geon who  shall  say,  that  three  bloody  ruffians, 
<;anoot  fffye  such  a  cut,  as  well  as  the/elo  de  $e 
himself  can  perform  such  an  operation,  de< 
nerTCs  more  to  be  laughed  at,  than  confuted  by 
'serious  arguments. 

Objection.  If  any  shall  object  against  me,  on 
behalf  of  the  bishop's  late  History,  and  say, 
that  the  bishop  writ  by  the  way  of  annals.  And 
what,  in  that  History  was  writ,  in  relation  to 
the  impri&onment,  and  death  of  that  noble,  hot 
unfortanate  lord,  was  writ  in  the  year,  1683- 
'84,  and  consequently  it  was  not  passible,  for 
my  lordsbishop,in  those  years,  to  write  what 
was  six  years  after  that  sworn  in  proof  of  my 
lord's  being  murdered  by  others.  And  there- 
fore that  part  o£my  lord  bishop's  History  ought 
not  to  be  charged,  either  with  partiality  or  mis- 
representations, fi>r  omitting  m  1683-84»  what 
conM  not  possibly  be  then  mentioned. 

Answer.  If  an  historian  will  in  every  year 
write  annals,  relating  to  the  public,  wherein  he 
intend!  to  mention  all  material  public  transac- 
tions, which  he  knows,  or,  hath  been  credibly 
informed,  hare  been  done.  And  this  historian 
resolves,  whDst  he  Jives,^to  keep  by  him  all 
those  annals  in  manuscript,  and  oy  bis  wiU,  or 
otherwise  orders  those  memorials  not  to  be 
printed  until  six  years  after  his  death.  If  that 
historian  shall,  six  years  after  some  things  by 
him  writ,  recave  much  better  and  more  par- 
ticular inifbrmation,  in  relation  to  some  entries 
by  him  before  made,  through  an  imperfect  in- 
Ibrmation  of  things,  relating  therednto.  Then 
such  an  historian  ought  to  review  and  compare 
iiis  after  information  of  facts,  with  those  ac- 
-coiinlB  he  had  before  received,  and  writ  down. 
And  to  consider  and  compare  the  credibility  of 
these  after  informations,  with  the  credit  of  those 
he  had  before  believed,  and  entered.  And  if 
lie  ^nds,  those  latter  accounts,  are  grounded 
upon  much  better  authorities,  than  those  which 
he  had  fonnerly  believed  and  writ  down.  Then 
that  historian,  upon  such  a  review  and  convic- 
tkm,  of  thefalsdioods  or  defects  of  his  first  me- 
morials, ought,  in.  justice  to  the  characters  of 
men,  and  truth  of  things,  to  correct  his  old 
mis-entries,  and  to  leave  things,  to  be  publish- 
ed to  the  world  in  that  light,  which  he  believes 
to  be  the  truest  light,  for  the  right  information 
of  mankind.  And  the  bishop  lived  30  year* 
jBiier  his  mis-entries  of  1683-4,  relating  to  my 
k>rd*» death ;  which  gave  his  lordship  time  suf- 
fident  to  correct  his  former  mis-entnes  relating 
tomylordofBssex.  And  this  after  review  and 
•onteliMi  that  bittoriui  WM  tiie  more  oUigtd 


to  make,  when  he  resolyed,  in  his  IVeface  to 
his  then  intended  History^  to  make  this  solemn 
Declaration.  '  I  do  M>iemnfv  say  this  to  the 
'  world,  and  make  my  humbfe  appeal  upon  it 

*  to  the  great  God  of  truth.    Tiiat  I  tell  the 

*  truth  on  all  occasions  as  fully  and  freely,  b» 

*  upon  my  best  enquiry,  I  have  been  able  to 
'  find  it  out.  Where  things  appear  doubtful,  I 
'  deliver  them  with  the  same  uncertainty  to  Uie 

*  world.' 

By  this  hunJ>Ie  appeal  to  the  great  God  of 
truth,  the  bishop  did  believe  he  should  give 
the  greater  credit  to  his  History.  For  thifa  pre* 
late  doth  thereby,  not  only  (infwv  con$ciencut) 
swear,  that  all  tnhiffs  which  in  his  late  History 
he  as8ert^,^ithin  nilB  own  knowledge  is  trne* 
And  that  all  things  (by  him  related  m>m  infor- 
mation) he  believes  to  be  true.  But  this  bishop, 
doth,  in  this  humble  Appeal,  farther  (in  effect) 
swear,  that  he  tells  the  truth  as  fully  and  freely, 
that  is  to  say,  the  substance  of  the  whole  truth, 
without  any  favour  or  affection,  to  any  person 
or  party,  as  far  as  it  fell  within  his  own  Know- 
ledge, or  which,  upon  his  best  inquii'y,  he  hath 
been  able  to  find  it  out.    Now, 

For  as  much  &s  this  humble  appeal  is  justly 
applicable  to  every  particular  passage  m  his 
History  contained.  If  therefore  this  leaned 
dignitary  shall  be  detected,  in  one  or  more  in- 
stances of  his  said  History  of  ereat  partiality,  or 
which  is  worse,  of  asserting  ror  truths  what  the 
bishop  had  good  cause  to  believe  to  be  gre^t 
fakeboods.  Then  this  humble  appeal  to  the 
great  God  of  truth,  will  be  so  far  from  giving 
credit  to  his  lordship's  late  History,  Tlnit»  on 
the  contrary,  it  will  make  the  credit  of  every 
part  thereof^  which  shall  appear  to  be  only  sup- 
ported by  the  credit  of  this  learned  historian) 
to  be  jnstly  suspected.  For 

If  a  deponent  shall,  upon  interrogatories^ 
positively  affirm  fif\y  particulars  to  be  true, 
and  forty -nine  of  these  are  really'  true. '  Yet 
if  this  deponent,  shall  be  convicted,  of  having 
sworn  falsely,  only  as  to  the  fiftieth  fact,  by 
him  positively  asserted.  His  credibility,  by 
that  one  coninntion  is  intirely  destroyed,  as  to 
idl  the  rest  of  his  depositions,  so  that  (after 
such  conviction)  no  part  of  his  depositions  shall 
be  read  or  regarded. 

I  think  it  proper  here  to  inform  the  reader, 
that  in  the  following  discourse  I  have  not  men- 
tioned those  paragraphs  in  the  bishoji's  late 
History,  which  relate  to  the  imprisonment, 
and  death  of  Arthur  earl  of  Essex  in  1683,  un- 
til I  had  given  a  very  particular  account  t>f  that 
lord's  imprisonment  and  death,  and  what  illegal 
measures  were  taken,  to  prevent  the  coroner's 
jury  from  being  rightly  informed  of  what  was 
necessary  by  them  to  have  been  known,  in 
order  to  their  discovering  the  true  manner  of 
my  lord's  death.  I  have  also  therein  informed 
the  reader  upon  what  occasion  it  was,  thai  I, 
who  was  altogether  a  stranger  to  that  noble 
family,  did  concern  myself  to  detect  the  falsity 
of  what  was  sworn  bemre  the  coroner,  to  prove 
the  (pretended)  self-murder.  And  for  what 
ends  or  purposes  I  did  then  engage  in  that  dan- 


ISSj]  STATE^TBlldS,  S6 CaAMMAlh  iSMht^T^  [3UM 


g«rous  enterpxise.  Wbat  fiTeat'disoowrefptt-^ 
ments  and  oppresaons,  I  Uierein  met  with. 
I  have  therein  ako  given  an  historical  ac- 
coant  of  what  measures  I  took,  in  the  reign  of 
king  Charles  the  second,  to  dete«t  that  batba- 
rous  murder,  awl  what  powerful  interest  the 
then  duke  of  York  had  to  prevent  that  disco- 
Tery,  by  causing  me  to  be  prosecuted,  convict- 
ed and  punishM  as  a  criminal,  when  nothing 
crirpinal  was  proved  against  me.  And  by  that  in* 
fonnatiaa,  u|^n  which  I  was  tried,  I  was  charg- 
ed with  endeavouring  to  prove  that  mjf  lord  of 
Essex  was  murdevra  by  the  persons  m  whiMW 
custody  he  was^  and  contrary  to  what  was 
Ibund  by  the  coronar^s  inquest  I  have,  in  tfaei 
Ibliowing  discourse^  shewn  how  the  witnesses 
|iy  me  produced  to  prove  this  SMirder,  were 
disoour^zed  and  hrow-healen  by  the  then  court 
of  Sangps-beach.  And  how  the  very  men  in 
yrhoae  custody  my  lord  was  at  the  time  of  his 
death,  were.  caUed  a  cloud  ot'  witnesses,  not 
only  to  prove  me  a  criminal,  for  endeavouring 
(by  lawittl  meansj  to  prove  the  most  material 
of  those  witnesses  guxky  of  my  ford's  hloiid. 
But  those  ve^y  men  were  also  adwdUed  as  good 
witnesses  to  prove  thai  thev  themselvea  did  not 
murder  his  mrdahip,  bat  that  the  eail  himself 
hecamefslo-de-se. 

No  justly  suspected  British  murderers  did 
ever  meet  with  such  a  powerfhl  proteetion  from 
such  a  supreme  court  of  justice.  Nor  did  any 
lawful  enoeavoitrs  to  detect  a  murder,  ever  in 
this  nation  receive  such  an  ill  treatment*  as  I 
have  herein  met  with  from  a  court  of  justice. 
In  the  following  discourse  I  have  given  a  par- 
ticular account  how  the  inifairy,  into  my  lord's 
death,  came  before  the  Convention  Pacliament 
in  1688.  And  what  witnesses  were  examined 
before  the  Lords'  Committees  then  appointed  to 
enquire  into  that  matter.  Why  those  Lords' 
Committees  made  no  regular  report,  upon  those 
informations  and  exammations,  by  them  taken. 
And  how  it  came  to  pass,  when  many  informa- 
tions and  examinations  were  read  in  tlie  Uouse 
of  Lords,  rektiiw  to  my  lord's  death,  thai 
their  lordships  did  not  then  declare  their  opi- 
nion, as  to  the  manner  of  that  unfortunate  lord's 
death.  And  therein  is  farther  declared.  How 
the  secret  committee  was  revived  in  the  second 
session  of  the  Convention  Parliament.  And 
Tvhat  proceedings  were  thereupon.  And  how  the 
prorogation  and  dissolution  of  that  parhament 
did  stop  any  farther  proceediogs  in  that  inquiry. 

I  have  in  the  Ibllowing  discourse  declared, 
(hat  the  substance  of  all  the  material  proofs 
therein  mentioned,  and,  said  to  have  been 
taken  before  the  Lords'  Committees,  and  some 
jnstioes  of  the  peace,  in  the  year  1688-9,  were 
ly  me  printed  and  publishedTin  the  year  1690, 
in  a  Letter  to  a  Friend,  touching  the  murder  of 
that  great  but  unfortunate  lord.  Which  letter 
hishop  Burnet  read,  soon  afler  it's  publication. 
This  plainly  appears  by  the  hishop'a  repeating, 
in  three  several  gazettes,  a  Declaration,  where- 
in he  doth  deny  the  truth,  of  one  ai^ument, 
ivhich^as  I  had  heen  infen^ed^  that  prelaJe 
^aedf  to  mate  sevenJi  Mifi  h^i^  that  the 


earl  of  £«ex.  murdered  faimsaKl  New  U 
{>rove  that  the  bishop  vras  ffviitj  of  great  par- 
tiality and  mis -representations  im  what  in  Ikis 
late  HL^ry  he  hath  writ  relating  to  my  lead's 
imprisonme^,  and  death.  I  thought  it  prapcr 
that  ail  those  inforyiations,  taken  to  prove  my 
lord's  murder,  i  should  at'  large  mentioo,  be- 
fore I  gave  an  account  of  those  two  particolir 
paragraohs,  in  the  bishop's  late  History^  wbesn 
that  prelate  gives  a  very  partial,  imf«rfiM:ft,aiii 
indeed,  iminteliigible  aocount  of  things,  relatiiig 
to  my  lord's  death.  And  £br  as  miu^h  as  the 
lushop  had  about  ^  years  time  to  correct  his 
mis-entries,  in  1633-4  relating  to  my  lordis 
death.  Within  tbose  many  years,  this  pMiale 
might  have  spent  some  few  hevia  ia  review- 
ing, reconsidering  and  correcting  those  lenMr 
imoerfeet  memorials,  from  most  credible  after 
mfonnations,,  relating  to  his  neUe  headadoc^ 
death.  Butibr  as  much  as  thoae  moraleUiga- 
tions  to  truth,  justice  and  gratitude,  cuaUL  net 
nievail  with  this  learned  historian,  folly  and  fte»- 
IV  todedare  that  to  be  true,  rdatrng  tomy  kard^ 
osath,  which  upon  his  best  inqaiiy  he  had  jml 
cause  to  believe  to  be  so.  It  wiU  isake  many 
gentlemen  to  question  the  truth  of  soaooihcr 
parts  of  that  History,  notwithrtanding  hy  his 
lordship's  hookhle  iW^  to  the  great  God  sf 
truth,  that  prelate  did  (in  effect)  swear  to  1km 
truth  of  all  things  by  him  lehoed,  within  his 
own  knowledge.  And  for  his  smoere  hefiif  ef 
all  things  by  hmi  mentioneS  by  iMfonaation. 

I  do  liere  beg  the  reader's  pardon  for  re- 
peatin^  (in  the  following  diseooise)  the  proofii 
given  m  evidence  lor  my  lord's  bciay  aam-- 
dered.  But  the  reason  of  that  rqietinfln  wao 
this,  (viz.) 

In  the  first  account  giv«&  (in  the 
discourse)  of  the  proofs  for  no^  lonFa 
murdered,  I  had  be^  more  hn^  m  my  m 
thereupon,  than  at  firat  I  intendea  to 
been.  And  I  waa  afraid  that  thoaa  naaBy  «^ 
serrations  upon  those  urochf  might  Uot  oat  ihm 
remembran^of  soiile  wmM  pacta  of  the 
evidence.  I  did  therefore  thiidc  that  the  Dea- 
der would  receive  and  retain  a  mieh  bottev  i&- 
focmatioa  oi' those  proofs,  when  the 
of  those  proofo  was  contraotod  iota  fowcr 
And  therefore  from  page  120  to  149 1  l^re 
peated  the  atthstancey.of  what  had  been  mr 
laigely  expressed,  ia^proef  of  the  mwadcr  a# 
th^  noble  lord  and  great  palriot  Arthur  eod  sf 


BISHOP  BURNETS  HISXOKY,  GBABfiSD« 


THE  ri^bt  honourable  Arthur  earl  of  E 
was  committed  to  the  Tower  the  10th  of  July, 
1683^  by  virtae  of  a  warrant  irom  Secielaiy 
Jenkins,  which  warrant  ran  as  foUqwc^ : 

'  Sir  Lionel  Jeiddns,  knt.  of  his  Mi^esfy 's  moat 
^bao.  Prfvy-Council,  andprindpaiSecre- 
'taryOfStatCi 

'  These  are  in  has  Miyes^'aBaitteto  wittaad 


1241]        STATE  TUAU»  9B  Chjui^s  1i.  l684U-:/br  b  MMmemiet.        [if «{ 


*  person  of  Arthur  earl  of  Essex,  herewith  sent 
'you,  being  coimnitted  for  hig^-tieason,  in 
^  coBspiring  the  death  of  .the  ki^  (whom  God 

*  preserve)  and  conspiruig  to  lev^  war  against 

*  us  Majesty.    And  him,  the  said  earl  of  £s- 

*  sex,  to  keep  in  safe  custody,  until  he  shall  be 

<  deliTered  by  due  coarse  of  Law :   and  for>80 

<  doing*,  this  shall  be  your  warrant.     Given 
'  *  under  my  hand  and  seal,  at  ^  bite- Ball,  the 

*  lOt^  day  of  July,  168S.  L.  Jenkins.' 

*  To  Thomas  Cheek,  esq. :  Lieutenant  of 
*  his  I^jesty'B  Tower  of  London/ 

The  first  naghl  his  lordihip  lay  at  the  said 
captain  €he«ib's ;  but  the  next  day  was  re> 
m07ed  to  nuyor  Hawley's  (then  gentleman 
porter  of  the  Tower)  and  the  t^o  wavdera,  then 
placed  upon  his  lordship,  were  Nathaniel  lAon- 
<lay  and  Thomas  RusseL ;  one  of  theae  was  to 
stand  for  two  hours  at  mv  lord's  chamber  deer, 
or  in  his  chamber,  and  tbe  other  at  the  stair's- 
Ibot;  and  thus  by  turns.-  Paul  Bemoiy  (a 
Frenchman,  and  pretended  Prote8tanl)waathen 
my  Wrd's  yaiet  de  chamhre,  and  he  was  per- 
nitted  to  be  with  Ins  lordship,  and  no  other 
servant  of  ny  lord's  permitted  to  csme  into 
my  lord's  ehamber.  At  m^or  Hnwley's  my 
lord  continued  IVom  IVednesdav,  the  11th  of 
July,  to  Triday  then  nsxt  foAowing,  when, 
about  nine  of  the  claek,  his  loi^hip  was  found 
with  his  throal  eul,  through  both  jugulars,  and 
arteries,  even  to  the  very  neek  Mae.  The 
nesBt  day,  being  Saturday,  die  coroner's  jury 
sat,  anil  before  them  were  sworn  the  afore-said 
FmH  Bomeny,  the  servant,  Thomas  Russel, 
one  of  the  saui  warders,  and  two  surgeons; 
whose  four  Informations  are  here  printod,  ac- 
cording to  what  was  that  very  day  printed,  by 
poblie  authority  :  but  the  printed  information  of 
bomeny,  essentiaUy  differs  from  what  was 
written  by  Bomeny  himscAf,  and  by  lum  deh- 
Teied  to  the  i^orener.  And  thai  mfomution 
Bomeny  was  sufieredi,  by  the  coroner  and 
yujj  to  writo  in  the  next  room,  to  tbe  oosener 
and  his  jury ;  and,  in  that  very  next  loem, 
there  were  several  jpevssns  wilb  Bontei^,  pre- 
pared to  instruct  him,  m  forrin^  his  ittnmaa- 
ttoo  ;  and  aiso  those  tutors  thn  instrtieted  tbe 
ceranar  haw  to  manage  his  jmy ;  for  when 
flame  of  tbe  jury  insisted  upea  seeing  the 
cloolhs^  in  which  my  lonl  wna  nnk  found  dead, 
tbm  eoosaer  was  thereu^n  eaUed  into- thai  next 
jrooBA^  aBd4  returning  to  the  jury,  then  told 
them.  It  waa  the  b^y,  and  net  the  dosths, 
which  they  were  to  sit  wpm ;  the  body  they 
kad  seen,  sttd  that  was  suAeieal.  Thw  was 
awain  by  soma  of  that  jmy»befora  the  assrct 
coaMuilteeof  bnods.     An4  when  several  siT  tfie 

jmjlm  ▼  pwvwvxr  Mr  uiv  ^wawmTy  wim*  m^^  miEiiw 

ai^anm,  this  infuisitiaa  until  Mondagr^^andin 
tba meantime  my  fauly  Ejmmk,  and  my  Ised's 
arlatisas,  might  have  antiee  of  tlmt  ad^sana- 
ment ;  so  that  if  they  could  prove  any  thinr  in 
§mmti  of  say  lard,  to  pravanim  maurderea  by 
nlfcam»  rtash  esidss»  might  be  heard.  Tkme- 
aipsft  miQQt  Hawlsy  unma  oat  of  the  asat 
voQiDi  aad  then  ^reisiidndy  that  loaf  Chirias 


had  sent  an  ei^ims  for  theism  inquHitioBi, 
and  that  bis  majesty  had  deehred  he  wouU 
not  rise  from  council  until  that  inuaaiitiea 
was  brought  him.  But  mi^oc  Hawley  be- 
in^  asked  by  the  secret  oommitlee  who  was 
this  express,  that  pretended  he  came  from  the 
kio^,  and  thus  hurried  tbe  jury  into  their  in- 
quisition. The  major  declared,  that  be  knew 
of  no  such  express,  and  that  he  never  so  in-, 
formed  the  jury,  and  thai  he  was^  not  near  die 
jury,  at  that  public  house,  where  they  consi- 
dered this  matter  all  the  time  oi  that  mquiry : 
but  several  ofthe  jury  swore  it  upon  mm.  dot 
none  of  those  tutors,  in  that  next  room,  were 
brought  before  the  coroner's  jury,  by  them  to 
be  examined.  And  all  those  beiore- men- 
tioned informations,  are  here  printed  :  ,bnt  be- 
fore I  shall  give  you  those  informations,  I  think 
it  proper  to  mention  what  measures  were  taken 
to  prevent  the  coroner's  jury  from  receiving  all 
that  information  which  was  necessary  to  be 
^ven  to  them,  in  order  to  their  making  a  just 
jud^ent,  of  the  true  manner  of  my  lord's 
deatii. 

All  men  know,  that  when  a  person  is  found* 
and  by  a  Tiolent  death,  destroyed,  in  a  place 
#here  the  body  may  remain  fcafe,  that  the 
body  ou^bt  to  jemam  in  that  Tery  posture^ 
wherein  it  was  first  found  dead,  until  the  coro- 
ner's jury  (who  are  to  make  inquisition  into  the 
manner  ofthe  death)  have  seen  the  body.  But 
in  die  case  of  this  noble,  but  unfortunate' ked, 
and  great  patriot,  the  case  was  otherwise  ma^ 
naged;  for,  on  the  very  day  my  lord  was 
murdered,  mi^or  Hawley  (at  whose  house 
w  lord  lay)  ordered  the  body  to  be  stript,  and 
all  the  deaths  carried  away,  and  both  the 
chamber  and  doset  (in  which  thabody  lay) to 
ba  washed. 

This  was  dons  to  preveat  the  corsner's  jarr 
from  disQovarii^  the  true  msnoer  of  my  IsrA 
death:  for  had  the  body  oontinaed  in  that  very 
pestmre,  ia  which  Bom«iy,  (my  lord's  valst) 
snd  his  two  waideM,  first  ptitoaded  to  have 
found  m)r  lord  desd»  thst  very  posture,  aad  to* 
aether  with  the  deaths  he  wore,  wfaea  mnr* 
Sored,  weald  have  proved,  even  to  a  desssn* 
stratioB,  that  his  lordship  waa  bavbaioady 
murdeM*  And  of  this,  I  bdieve,  tfaeissder 
will  baesBvineed,  vrhen  I  shall  here  vriate  haw 
thslservaat,  and  thssa watdsf% first  dedsitd 
wj  lord  lay,  when  those  his  atftendaats  first 
pretended  to  have  found  him  dead.  And!  shell 
BMBlisa  these  signd  marks  of  vielenee,  to  he 
disearered  firom  sosae  part  of  his  ilsaths ;  bati 
shdl  first  rdato  how  the  eslroner's  jary  wtta 
BMBSged,  to  preveat  a  true  aad  jest  iaquarition. 
On  iM  aext  morning  after  my  lord's  death,  the 
dspatr  osioaer,  and  ais  jairy ,  eame  to  my  tord% 
dmmber,  aad  there  lay  the  body  stript,  aad  aS 
his  doaths  csfriedaway,  and  eoly  a  sheet  oew 
aU  ik»  body,.e]K»t  the  head  aa<l  nedk,  wiMsa 
the  large  eat  might  be  seen;  aad^thaiasmaai 
ofosstwefe  washed  dean  franii  the  btosd.  Aftv 
die  coroner  and  jury,  and  two  amveoas,  heist 
after  meationed,  had  once  viewed  tne  body,  the 
ooroDer  a4i<mnied  the  jury,  to  a  public-house 


1243]  STATE  TRIALS,  sSChaklbsII.  l6S4.-.Tri«/^ 

in  the  Tower,  where*  the  mid  Bomeny  and 
Russell,  and  the  two  surgeom,  were  sworn  and 
examined.  • 

And  the  coroner,  having  sworn  Bomeoy, 
he^an  to  take  his  information  in  writings,  and 
the  coroner  had  writ  as  followetli,  viz. 

*  'Rie  Inforn^ation  of  Paul  Bomeny  saitb, 
That  the  earl  of  Essex,  on  the  lltli  instant, 
did  s|)eak  to  this  informaut  to  bring  him  a 
penknife,  to  pare  his  nails,  but  the  informant 
could  not  then  get  one.  The  earl  of  Essex 
called  to  him  again  on  Friday  the  13th  instant, 
about  eig1)t  of  the  clock  in  the  forenoon,  did 
again  speak  to  this  inlbrmaat  to  bring  him  a 
pen-knife, to piffe  his  nails;  but  this  depo- 
nent telling  him  that  he  had  not  one,  bis 
lordsh^  commanded  him  to  bring  him  a 
razor,  which  he  did  accordingly;  and  then' 
his  lordship  walked  up'  aud  down  the  room, 
scraping  his  nails  witii  it,  aud  this  informant 
then  len  him,  and  eoming  about  half  an  hour 
afterwards  up  into  the  bed-chamber,  found 
his  closet*door  fast ;  whereupon  this  informant 
knocked  at  the  door,  and  called,  My  lord,  my 
lord ;  but  he  not  answering,  pushed  the  door 
a  little  open,  where  he  did  see  his  lord  lying 
all  at  length  on  the  ground  in  his  blood,  and 
the  razor  near  hiiu  on  the  ground.  And  far- 
ther deposeth.  That  he  hath  not  any  papers 
of  his  ionics,  nor  doth  know  where  any  of  his 
papers  or  writio&rs  are:  and  also,  that  on 
Thursday  night  uist  was  very  merry  at  sup- 
per, and  did  not  seem  to  be  discontented  the 
next  morning.' 

The  above  Information  is  verbatim^  as  the 
coroner  took  it  from  Bomeney 's  month,  and  the 
coroner,  upon  his  oath,  delivered  this  Informa- 
tion to  the  secret  committee :  but  the  coroner 
did  farther  (upon  oath)  declare,  That  he  [the 
coroner]  proceeding  to  ask  faitber  questions, 
Bomeny  began  extremely  to  hesitate,  and 
(hereupon  desired  that  himself  might  ivrite  his 
own  information,  which  was  accordingly 
granted,  and  the  said  Bomeny  was  thereupon 
suffered,  by  the  coroner  and  bis  jury,  to  retire 
from  the  coroner  and  jury  into  the  next  room, 
where  several  persons  were  ready  prepared 
to  assist  him  in  forming  his  information ;  and 
kaving  temained  in  that  next  room  a  conBidera>- 
Ue  time,  he  then  returned  to  the  coroner  and 
jnrv,  and  brought  an  informataon  r^uly  writ, 
ana  here-under  printed  and  remarked,  as  it 
was  first*  delivered  by  Bomeny  to  the  coroner, 
and  afterwards  altered  hs  the  coroner  in  one 
place;  and  afW  that,  and  before  it  was  printed 
bv  die  then  secretary  of  state,  or  some  under 
clerk  in  some  other  parts  of  that  information ; 
ftr  the  coroner,  that  very  Saturday,  carried  the 
inquisition  and  informations  aforesaid,  to  the 
■aeretary's  office,  and  that  Saturday  night  they 
were  prmted  by  authority,  and  published  the 
Monday  morning  following.  Bomeny's  se- 
cond InformatiQn,  with  piyper  remarks^  is  as 
ftDowetb:  viz. 


imSpdUf 


The  Infobmation  of  PAUL  BOMENY,  Ser- 
vant to  the  late  Earl  of  Essex  for  about 
three  or  four  Years  now  lasl  past,  taken 
upon  Oath,  the  14th  day  of  July,  1683, 
Anno  Regni  Caroli  Secundi,  Dei  Gratia 
Anglise,  Sootise,  Francite,  et  llibemiK, 
Regis,  Fidei  Defensoris,  &c.  Tricesimo 
quinto,  a*  n.  1683. 

*  Saith,  That  when  my  lord  came  to  captain 
Hawley's,  which  was  the  Uth  instant,  my 
lord  of  Essex  asked  him  for  a  penknife  to 
pare  his  nails,  as  he  was  wont  to  do,  which 
this  informant  answered,  being  come  in  baste, 
he  had  not  brought  it,  but  he  wonM  send  for 
one.;  and  accordingly  sent  the  footman,  with 
a  note  for  seveni  things  for  my  lord,  amongst 
which  the  penknife  was  inserted,  and  the  fMt- 
man  went  and  gave  the  bill  to  my  lord's 
steward,  who  sent  the  provisions,  but  not  the 
penknife,  and  he  told  the  footman  he  wonM 
get  one  the  next  day.  When  the  footman 
was  come,  my  lord  asked  if  the  penknife  was 
come?  This  infonnant  answered,  No;  bnt 
he  would  have  it  the  next  day.  And  accord- 
insrly  on  the  19th  instant,  in  the  morning. 


ore  my  lord  of  Essex  was  up,  diis  inform- 
ant sent  the  footman  home  with  a  note  to  the 
steward,  in  which,  among  other  things,  be 
asked  for  a  penknife  for  my  loid.  When  the 
footman  was  gone,  about,  or  a  little  after 
eight  of  the  clock,  my  lord  sent  one  Mr. 
Russel  his  warder,  to  this  informant,  who 
came,  and  then  he  asked  if  the  penknife  was 
com.e  ?  This  informant  said,  no,  my  lord,  but 
i  shall  have  it  by  and  by :  to  whicn  my  lord 
said,  he  should  bring  him  one  of  his  razors,  it 
would  do  as  well ;  and  then  this  informant 
went  and  fetched  one,  and  ^ve  it  my  lord, 
who  then  went  to  pare  his  nails,  and  then  diis 
informant  went  out  of  the  room  into  the  pas- 
sage hs  the  door,  [on  Friday  the  13th  in- 
stant]* and  began  to  talk  wiui  the  warder; 
and  a  little  white  af^  he  went  down  stairs, 
and  soon  afWr  came  the  footman  with  the  pro- 
visions, and  brought  also  the  penkmfe,  which 
this  informant  put  upon  his  bed,  and  thought 
my  lord  had  ao  more  need  of  it,  because  he 
thoi^t  he  had  pared  his  nails,  and  then  this 
informant  came  up'  to  my  lord's  chamber, 
about  eight  or  nine  in  the  fbreiKwn  [on  Friday 
the  18th  in8tant]^with  a  litde  note  from  the 
steward  r where  there  were  three  lines  writ]f 
but  not  finding  his  lord  in  the  chamber,  went 
to  the  close  stool  closet  door,  and  found  i^dl1lt, 
and  thinking  his  lord  was  busy  there,  went 


*  Note,  what  is  here  printed  within  these 
crotchets  [  ]  was  not  m  the  original,  bst 
added  after  it  was  delivered  by  the  coroBSr  Is 
the  secretary. 

J  The  fiist  ofthese  two  sentenbss,  vHifeh  are 
adedintfae['  ]  wasinteriuwd  in  anoAcr 
hand;  and  the  othfir  WM  {aft  vul  in  tiM  priMsi 


IM31        STATE  TRIALS,  S6  CHARLES  II.  I6ft4*-/i>r  a  Mbimeanor.        [HAS 
dowI^  and  staid  a  little,  and  cam^  up  again,  |  The  iNFOutATiOM  of  ROBERT  ANDREWSp 


thii&ing  bis  lord  had  been  come  cot  of  the 
closet ;  and  finding  bim  not  in  the  chamber, 
he  knocked  at  the  door  with  his  finger  tiince, 
and  said,  my  lord,  but  nobody  answering,  he 
took  up  the  hangings,  and  looking  through 
the  chink,  he  tiaw  blood,  and  part  of  the 
razor,  whereupon  he  called  the  warder, 
Russel,  and  went  down  to  rail  for  help,  and 
the  said  Russel  pushed  the  door  open,  and 
tbei*e  tbcv  saw  my  lord  of  Essex  all  along  the 
floor,  without  a  perriwig,  and  all  full  of  blood, 
and  the  razor  by  him.  And  this  deponedt 
farther  deposeth,  that  the  razor  now  showed 
to  him,  at  the  time  of  his  examination  is  the 
same  razor  which  he  did  bring  to  ray  lord,  and 
which  did  lie  on  the  ground  in 'the  cbset  by 
my  lord,*  ♦ 


The  iNFORMAtioN  of  THOMAS  RUSSEL, 
one  of  the  Warders  of  the  Tower,  who  had 
the  custody  of  the  Earl  of  Essex,  taken 
the  14th  day  of  July,  Anno  Regni  Caroli 
8ecnndi,  Dei  Gratia  Angliee,  Scotia?, 
FrancijB,  et  Hibernia,  Regis,  Fidei  Dc; 
fensoris,  Sec,  Tricesimoquinto,A.  d.  1683. 

Saith,  *That  on  Friday  the  13th  instant, 
about  eight  or  nine  of  the  clock  in  the  fore- 
noon, he  was  present  when  he  did  hear  the 
lord  of  Essex  call  to  his  man,  Mr.  Bomen}^ 
for  a  penknife  to  pare  his  nails,  and  then  for  a 
razor,  which  3Ir.  Bomcny  brought  him,  and 
then  my  lord  walked  up  and  down  the  room, 
scraping  his  nails  with  a  razor,  and  shut  the 
outward  door.  Mr  Bomeny  half  a  quarter  of 
an  hour  ailerwards,  not  finding  my  lord  in  his 
bed  chamber,  went  down  stairs  again,  believ< 
ingmy^lord  was  private  in  bis  closet:  Bo- 
meny came  up  again  about  a  quarter  of  an 
hour  afterwards,  and  knocked  at  the  door, 
then  called,  my  lord,  but  he  not  answering, 
peeped  through  a  chink  of  the  door,  and  did 
see  the  earl  of  Essex  lying  on  the  ground  in 
the  closet,  whereupon  ne  cried  out.  That  my 
lord  was  fallen  down  Mck,  and  then  this  in- 
formant  went  to  the  closet  door  and  opened  it, 
the  key  being  on  the  outside,  and  then  did  see 
roy  lord  lie  on  the  ground  in  his  blood,  and 
his  throat  cut.' 

• 

The  Information  of  ROBERT  SHERWOOD, 

in  Penchttrch-street,Chinu'geon,  taken  the 
14tb  day  of  July,  Anno  Regni  Caroli  Se- 
Gundi,  Dei  Gratia  Angliie,  Scotiae,  Fran- 
cis, et  Hibernian,  R^is,  Fidei  Dcfcnsoris, 
&c.    Tricesimo  quinto,  a.  d.  168S. 

Saith,  <  That  he  hath  viewed  the  throat  of 
^  the  earl  of  Essex,  and  doth  find  thai  there  is 

*  a  lurfe  wound,  and  that  the  Aspera  Arterias, 

*  or  wmdpipe,  and  the  gullet,  with  the  jugular 

*  arteries,  are  all  divid^,  of  which  wound  he* 

*  oertaialy  died..'    .  ... 


of  ^  Crutched-Friars,  Chtrurgeon,  taken 
upon  oath  the  14th  day  of  July,  Anno 
Regni  Caroli  Secundi,  nunc  R^^,  Ang- 
li»,  &^.    Tricesimo  quinto,  a.  d.  1683. 

Saith,  <  That  he  viewed  the  throat  of  the 

<  lord  oi'  Essex,  and  doth  find  that  it  was  cut 

*  from  the  one  jugular  to  the  other,  and  through 
'  the  wind- pipe  and  ^nllet,  into  the  vertebres 

*  of  the  neck,  both  jugular  veins  being  also 

*  quite  divided.' 

The  substance  of  these  Informations,  ia 
short,  is  this,  viz. 

*  That  the  earl  of  Essex  called  for  it  penknife 
'  to  pare  his  nails,  *but  the  penknife  not  beings 

*  reAciV  at  hand,  his  loi'dship  desired  a  razor^ 

*  which  was  delivered  to  him,  with  which  razot* 

*  his  lordship  retireil  into  bis  closet,  and  locked 

<  himself  in  ;  but  soon  after  the  closet  door  wair 
'  opened,  and  that  lord  there  found  with  hia 

*  throat  cut,  through  the  gullet,  and  both  jugu- 

<  Inrs  and  arteries,  to  the  very  neck  bone,  andl 

*  the  razor  (as  before  delivered)  lying  by  him«* 

Tiiese  Informations  thus  published  Dy  au- 
thority,  upon  Monday  next  after  mv  lordV 
death,  I  carried  to  Wanstead,  mx  roilea  from 
London,  and  there  read  them  to  one  Mr.  Evans, 
then  an  head-searcher  at  the  Custom-faoufff^ 
and  tbereiij^on  Mr.  Evans  told  roe  that  tbey 
had  sworn  false  iii' relation  to  the  razor's  being 
found  by  the  body,  in  the  closet,  when  my  lord 
was  (as  pretended)  fii-st  found  dead,  for,  said 
he,  a  bloody  razor  was  tlirown  out  of  my  lord'ft 
chamber  window,  before  it  was  known  to  any 
out  of  the  liouse  that  my  lord  was  dead,  whIcL 
razor  one  William  Edwards,  a  boy  about  thirr 
teen  years  of  age,  endeavoured  to  take  up,  but 
a  maid  came  out  \  of  Hawley's  house,  where 
my  lord  lay,  and  took  up  the  razor  and  ran  up 
stairs  with  it,  and  immediately  cried  out  very 
loud,  murder !  murder  I  and  this  was  the  first 
time,  and  the  first  occasion  of  my  lord's  death 
bein^  known  to  any  out  of  the  house.  Upon 
heanng  this  relation,  I  declared,  if  this  account 
of  the  boy  was  true,  what  was  sworn  before  tha 
coroner  was  false,  and  then  my  lord  was  mur- 
dered :  For,  ^ 

No  man  erer  swore  a  lie,  if  a  truth  wouU 
serve  his  turn.    And,  ^ 

No  truth  needs  a  lie  to  support  its  credit. 
And, 

Whosoever  swears  a  lie,  doth  it  to  conceal  a 
truth. 

And  I  then  declared  that  I  would  enquioa 
into  that  matter,  and  therefore  I  then  desired 
the  said  Mr.  Evans  to  inform  me  where  that 
young  Edwards  lived.  Mr.  Evans  told  me  he 
lived  m  Mark-lane,  by  the  Tower,  and  that  his 
fiither  was  there  weU  known,  having  been  many 
years  a  Custom-house  officer. 

When  I  came  to  town  that  Monday,  about 
3  in  the  afternoon,  I  did  inform  some  friends  of 
what  I  had,  as  before,  heard,  relating  to  my 
lord's  death,  and  I  then  declared  that  1  would 
endeavour  to  discourse  that  boy,  and  his  pa- 


U47]  StktE  TRtAtS^  S6  CMAttlt  IL  l6U.^1»a  0/  B^Uvk  mi  Spek,  [m 


l^ntB,  feMoe  to  ^t  ■niter.  Bui  all  ny 
liieiMls,  tbtts  by  me  inftmned,  dien  dlnoHiadea 
me  from  farther  meddling  in,  or  diiootirsiBg 
either  the  boy  or  his  parents  in  that  afiair ;  for» 
said  my  friends,  the  kin^  and  doke  of  York 
went  to  the  Tower  before  6  that  ^egr  morning 
my  lord  died,  and  therefore  if  my  lord  was 
murdered,  those  persons^  and  that  interest 
which  were  tlierein  ooncernedy  were  too  power- 
lal  for  roe  to  engage  with,  and  I  must  expect 
nothing  but  ruin,  in  my  fortune  at  least,  if  not 
murdered  in  ray  person :  To  ail  which  dis- 
auasives  I  generally  then  answered  to  this  ef- 
iM^  viz. 

That  I  was  not  ignorant  of  the  gi^eat  dai^ger 
mhich  attended  me  in  making  such  enquiry, 
hut  if  no  man  did  stir  in  that,  inqnisition,  and 
that  noble  lord's  death  was  universally  believed 
to  be  procured  by  himself,  then  the  probable 
consequence  of  such  an  universal  belief  of  the 
i(pretended)  self-murder,  might  oocaaicm  the 
murdering  many  more  noUe  lords,  and  other 
worthV  patriots,  whom  tbe^  then  had,  or 
should  take  into  custody :  For  it  was  but  to 
pkce  over  sadl  (intended  victims)  periidi<Axs 
warders,  as  would  pegure  themsdves,  and  con- ' 
«ent  to  penaitsncn  murders;  and tben those 
in  gi'eat  power,  for  great  rewards,  and  promised, 
protection  fntn  justice,  mifi^ht  procure  bloody 
travoes  enough,  under  such  great  cncourage- 
meots,  as  would  murder  our  best  patriots  in 
■•ach  a  manner,  as  their  employers  and  insttuc- 
ters  should  think  naost  proper  for  imposing 
upon  the  worM  the  beliet*  of  self-murder ;  in 
eider  to  which  tbose  prepared  aad  treadkerous 
warders  (their  immediate  attcfidants)  should  be 
pre-instrocted  to  swear,  before  the  coroner  and 
jury,, whatsoever  their  tutors  should  think  the 
most  probable  to  make  those  juries,  to  find  such 
j^risoners  feloes  de  se.  And  by  the  repeating 
«icb  treacherous  and  cruel  practices,  some  of 
^wr  best  patriots  might  be  murdered.  But 
if  those  poweiM  and  bloody  enemies  to  our 
Chnrah  and  State,  found  themselves  exposed, 
for  diis  instance  of  their  treachery  and  cruel- 
ty, they  prebaUy  m^bt  be  thereby  discouraged 
vom  rqieating  the  like  barbarity  noon  other 

f^reat  patriots.  And  therefore  I  would  chear- 
ully  expose  myself  to  the  greatest  dangers,  §oif 
those  three  following  great  and  good  purposes, 
(via.). 

First,  For  the  exposing  (though  not  other- 
wise punishing)  that  mighty  man,  who  was 
ibe  pnnoipal  author  of  tins  murder.    And, 

Secondly,  Thereby  clearing  the  name  and 
Amily,  of  this  noUe  lord  from  an  infamous 
imputation  of  self-murder.    Abd, 

l4i8tly.  For  the  preserving  many  more  of 
our  greatest  pillars  (under  God)  to  botli 
Church  and  State,  from  such  complicated 
cmehies,  as  destroyed  their  persons.  Masted 
their  memories,  cast  a  refiectioo  on  their  la> 
milies,  and  forfeited  all  their  personal  estates. 

Being  ikus  resolved  to  ntiake  ensuiiy  into 
-ihis  matter,  I  went  that  very  MondaT  to  sir 
Henry  Cs^l  (afterwards  lord  Capcnl,  and 
lirother  to  the  carl  uf  £»ez)  whom  1  IowmI  at  . 


mv  lonTs  fasvse,  in  St  Jaracs^s-sqane)  Itki 
informed  %tt  Henrj  of  what  I  had  heArf,€Qih 
cenunjf  the  throwing  out  of  the  Uoodj  nuor 
out  of  my  lord's  chamber  window,  Wforethe 
death  of  my  lord  was  kbown  to  any  ostof  tbe 
houoe,  wLere  he  died,  and  that  the  maid,  wbo 
carried  the  rasor  into  the  house,  ran  sp  to  nj 
lord's  chambeTy  and  then  cried  oat,  noider! 
murder!  And,  thereby  first  <fisoavered  nj 
lord's  deeth  to  those  out  of  the  boose.  I  thai 
told  sir  Henry  Capell,  that,  if  thb  idstion  «f 
the  bdy  was  true,  what  was 'swan  by  Bomesj 
and  the  warder  before  the  coroarr(M  toAe 
razor's  being  firand  locked  into  the  climl  viA 
my  lord's  body)  was  false;  and  if  siylonl's 
servant  and  warder  had  sworn  fidse  to  prerc 
the  (pretended)  self-iqurder,  it  was  to  coneoJ 
some  truths,  which  (if  discovered)  waold  biTe 
proved  his  lordship's  being  murdered  l^otken, 
For, 

No  man  will  sweiQr  a  lie,  when  a  truth  vffl 
senre  his  turn,  And, 

No  man  swears  a  lie,  but  to  conced  atratt. 

For  BO  truth  needs  a  lie  to  support  in  crediu 

I  fiien  informed  sir  Henry  thatl  myadf  kii 
not  spoken  with  that  boy  or  his  ftitber,  but  dat 
I  would  readily  go,  with  any  person,  whomsr 
Henry  should  onler  to  go  with  me,todisoeiim 
both  tliat  boy,  and  his  parenta,  apoo  the  nh- 
tion  aforesaid.  Sir  Henry  (after  some  &lk9 
discourse)  was  pleased  to  say,  that; 

The  then  enquiry  into  that  matter  w»  tw 
big  for  him  to  be  concerned  therein. 

vVhereunto  I  replied,  that. 

Nothing  was  top  big  for  the  truth. 

And  that  I  myself  (under  all  hazards)  «OD]d 
go  and  discourse  both  that  boy  and  his  pareots, 
and  if  t  found  they  would  swear  «1iat  was  10 
reported,  I  would  tben  apply  myself  to  sooie 
magistrate,  to  take  their  inrormations. 

Accordingly  that  very  next  Tuesday  nwra- 
ing  after  my  lord's  death,  I  went  to  Mr.  Ed- 
wards^s  bouse  in  Mark-lane,  to  whom  I  smb 
told  the  occasion  of  that  visii^  and  desired  BIr. 
Edwards  and  his  family  to  give  a  very  true  re- 
lation of  what  the  son  had  reported  that  Fribj 
morning,  relating  to  his  seeino^  a  bloodv  msr 
thrown  out  of  my  lord  of  xlssex's  cuanber 
window,  before  my  lord's  death  was  know  ^ 
any  out  of  the  house  where  my  lord  died. 

Thereupon  the  old  Mr.  £a wards  wept,  srI 
said  that  he  should  be  ruined  by  that  report* 
But  I  r«p]ie<l,  that  my  lord's  father  had  stf- 
fered  death,  for  his  fl«J  in  his  mi^eafj^  ia- 
vice,  aad  that  his  son  (tiie  eaii  faiBMeif)  hid 
been  employed  in  great  posts  of  ^^Q"*!!^ 
trust.  And  therefore  if  my  lord  was  munW 
by  others,  none,  (m  probability)  woold  le  * 
zealous  fbr  a  discovery  of  that  matder,asfi^ 
king  himself,  from  whom  Mr.  Edwarda  mi^ 
hope  for  protection,  from  all  other  po^ 
After  some  fhither  discourse  to  that  eMt  V- 
EdwaMb,  his  wilb  and  daughter,  gave  id** 
fUl  aeoomik  of  what  the  as*  repomi,  «^ 
as  faeretumed  frsM  the  Towier,  ikftwmm 
of  my  )or#s  death:  But  tha(tfaaiy,l|MB  in- 
formed moy  thattheboy  himself wpi  w ' 


U49]        STATE  TRIALS,  56Chablb8 

»ebool«  fnmi  whenee  he  WoaM  retnm  aboot 
11  o'clock:  whcrcUpOD,  I  told  the  perents 
that  I  woilla  be  at  their  house  thut  afternoon 
abont  S  o'clock,  ami  I  did  then  desire  these 
parents  that  the  bQy  m^t  be  kept  at  home,  so 
that  I  might  hare  an  opportonitY  to  discourse 
the  hay  himself.  Acooroingly  that  afternoon 
I  went  affain  to. that  hoose.  As  soon  as  I  came, 
the  motner  and  daughters  informed  me,  that 
the  boy  bad-denied  hisbanng'  seen  that  bloody 
rasor  thrown  oat  of  my  tera's  chamber  win* 
dow.  t  then  enqniied  whether  the  boy  had 
denied  it  before  l  had  been  there;  and  the 
awther  and  sisters  attdedared  that  the  bo3^  did 
aot  deny  it,  until  one  of  his  sisters  (in  a 
thfeatenmg'  manner)  told  ^  him,  that  he  would 
be  hanged,  for  what  be  had,  as  before,  reported, 
leUtinff  to  the  bh>ody  razor's  being  Uirown  out 
flf  my  mrd  of  £ssex*8  chamber  window,  and 
that  bis  fother  wouM  be  turned  out  of  U*  pbjce 
in  the  Custom-house^  and  that  all  his  ftundy 
ivould  be  thereby  rmiied.  But  I  then  dewed 
that  the  boy  might  be  called  into  tiiat  room, 
where  I  then  was  with  the  mother,  sisters,  and 
■smc  other  fiiends  and  rdatwns ;  and  I  then 
and  there  discoursed  the  boy  conoeming  the 
Mtture  and  sinfalness  of  lying,  and  paHioniaiiy 
in  relation  to  his  lying  in  the' matter  theyi  in 
«inestion,  and  I  then  UM  the  boy  (then  aboot 
Id)  thai  if  my  kNid  was  nurdeied,  and  he 
fcnew  any  tbinff  relating  thereunto,  wbieh 
tend  to  the  discovering  that  murder,  if 


lie  did  not  reveal  it,  (m  order  to  tbe  punishing 
those  murderers)  he hecaaae  ^in  effect^  a  pro- 
lector  or  skroen  to  these  murdenrs,  ana  thereby 
Irighly  erimiwd  before  both  God  and  man.  1 
then  aahed  the  boy,  whether  he  did  remember 
lie  had  read  in  the  Acts  of  the  Aposttes,  that 
Ananias  and  fiapbira  (husband  and  wife)  were 
•track  dead  for  teBing  ol  a  lie. 

The  boy  told  me  he  remembered  that  pas- 
pi^  I  then  told  him,  that  God  was  still  the 
same  lover  of  truth,  and  now  hated  lies  as 
much  as  he  did  then,  and  could,  for  lyinsp,  in- 
ilict  the  same  suddo)  death  upon  him,  if,  in  a 
caae  of  this  consequence,  he  told  a  lie.  I 
.therefore  charged  him  to  speak  the  very  truth 
in  relation  to  what  he  had,  aa  before  reported; 
.nod  if  that  report  was  a  lie,  he  should  then 
deny  it,  and  never  mote  report  the  same ;  but 
if  k  was  true,  he  should  neither  be  alraid  or 
natianned  to  ^eak  the  truth:  The  boy  then 
cenfossed  that  what  he  had  reported  eonoem- 
ing  die  Moody  racer  was  true,  and  that  his 
Bister  by  great  threatenings,  as  oefore  rebled, 
Jiadlcighted  him  intoacwnia],  but  he  would 
ever  aner  confess  what  he  had  as  befbre  ra- 
norted*  And  one  of  hie  sisters  did  then  oon- 
1ms  that  by  her  threats  she  made  him  deny 
what  (aa  befone)  he  had  reported. 

The  nett  day  I  draw  up,  in  the  form  of 
tm  informatfon,  what  the  hojr  and  his  mother 
0O«ld  swear  relMiAg  to  the  pwmism,  and 
^l%at  I  writ,  rditfuigto  tfiepranists,  herein 
Mows. 


YQu  rx. 


n.  lSd4.-/or  a  Miidemeafwr.        [1250 

The  iMfoufATioN  of  WILLIAM  fiOWARDSy 
second  son  to  Thomas  Edwai^,  of  tbe 
parish  of  AUhalkms,  Barking,  ^Loadoni^ 
taken  the  18th  day  of  July,  in  tbe  35th 
year  of  the  reign  of  our  sovereign  lord 
king  Charles  the  9nd,  a.  d.  lC8d. 

VSaith,  That  the  informant  on  Friday  the 
13th  of  this  instant  July,  as  he  was  eoing  to 
school  with  bb  .brother  Edward,  be  henrd 
that  his  majesty  and  his  royal  hicrhness  the 
duke  of  York,  were  going  to  the  Tower, 
whereupon  this  informant  left  his  brotlier, 
and  went  to  the  Tower  to  see  his  ruajesty  and  * 
his  royal  highness  ;  and  when  this  informant 
had  seen  his  in^es^  and  his  royal  highness, 
this  informant  about  nine  o'clock  in  the 
raomiug,  the  same  day^/Went  to  see  my  lord 
Brandon  Gerrard's  k)dffingB,  and  as  this  in« 
formant  was  standing  almost  over  against  my 
lord  Brandon  Gemird's  lodgings,  between  the 
lord  Gerrard's,  and  the  lato  lordof  Essex's 
kidginfifSj  this  infonnant  saw  an  band  cast 
out  a  bloody  razor  out  of  the  said  earl  of 
Essex's  lodgings ;  and  this  informant  was 
gdng  to  take  up  the  said  razor,  which  he  saw 
pu  theground  to  be  bloody,  but  before  this 
informant  came  to  the  razor,  there  came  ^ 
maid  running  out  of  captain  Hawley's  house, 
where  the  said  lord  Essex  lodged,  and  took 
uji  the  said  razor,  which  she  ctfried  into  the  . 
said  captain  Hawley's  house:  and  this  in- 
formant believes,  that  it  was  the  said  maid, 
whdm  he  fint  heard  dry  out  murder  !  Aim{ 
this  informant  further  saith,  that  he  heard 
the  same  maid  say,  to  some  which  were 
about  the  door,  after  the  murder  was  (as 
above)  cried  out,  that  sl^edid  hear  the  lord  of 
Essex  groaii  thre^  timea  that  morning. 

The  iRVORMATvni  of  Mrs.  EDWARDS,  wifo 
to  jThomas  Edwards,  5rc« 

<&huth.  That  about  10  o*ck>€k  inthemora- 
my,  on  Friday  the  13th  of  this  instant  Juljr« 
this  mformant'a  youngest  son,  William  Ed < 
warda,a^  abont  13  ywa,  came  trembling 
to  this  mformant,  ami  in  great  amazement 
and  horror,  told  this  informant,  that  the  edrl 
of  Essex  had  cut  his  throat  in  the  Tower  ; 
and  farther  said,  that  be  the  said  William 
Edwards,  in  the  monnng  about  nine  p'clock, 
did  see  an  band  cast  a  razor  out  of  the  stiid 
lord  of  Essex's  lodgioK  window,  which  razor 
he  saw  on  the  ground  to  be  Moody,  and  the 
said  Willbra  Edwards  was  going  to  take  up 
the  said  razor,  but  before  he  came  to  it,  there 
came  a  maid  numing  out  of  captain  Hawley's 
house,  where  the  said  earl  of  Essex  lodged, 
and  took  up  therazor,  which  ^e,  the  said  maid, 
forthwith  carried  into  the  said  captain  Haw- 
ley's house,  and  soon  after  he  the  said  Wil- 
liam Edwards  heard  her,  as  he  tbe  said  Wfl- 
ham  Edwards  did  believe,  cry  out  naurder ! 
And  this  informant  farther  saitb,  that  tbe 
substance  of  what  the  said  William  hath 

4L 


1^51]  STATE.TRIALS,  36Chaiilbs  IL  l^4^.-^TriqlofBraddon&ndSptke,  [{in 


'  sworn  in  bis  iuftn-mation,   be  the  said  ViiX- 

*  liaiTi  Edwards,  on  Friday  last  did  declare  to 

*  iliis  infovmant^  aod  her  whole  family,  sevecal 

*  tiinei»  attesting^  it  to    be   true,  and  several 

*  times  since.'  * 

llsis  the  hoy  declared  jiC  was  ready  to  attc^st, 
but'ttnding'  several  justices  of  tl>e  peace  un- 
\viiliii>^  to  take  any  iuformadous  therein  ;  1 
thouj^ht  it  proper  to  carry  these  informations 
to  lite  thtn  earl  of  Sundorland,  then  secretary 
bf  state.  And  accordinjjcly,  ttpan  Thursday 
the  lc3th  <Tf  July,,  about  four  o'cloct,  1  deli- 
vered these  ififormations  of  the  boy  and  bis 
mother,  to  whom  the  boy  had*  discovered  it,  as 
^oon  as  Ire  came  from  tne  Tower.  My  Idrd 
Sunderland  seemed  much  surprised,  and  after 
some  pause,  told  me,  that  I  sboi^ld  bring  the 
persons  (who  were  not  then  with  me)  the  next 
morning',  and  if  it  were  proper,  he  would  take 
their  depositions.  The  next  morning,  about 
nine  or  ten  o'c'ock,  I  went  with  the  boy  atfd  his 
sister,  (the  mother  not  being  well)  to  whom 
ttie  boy  had  likewise,  as  soon  as  he  came  from 
the  Towev  revealed  what  he  had  (as  before) 
seen.  As  soon  as  I  came  t^  the  secretaries 
ofiire,  I  sent  hi»  lordship  word',  that  according 
to  his  lordship's  oitler,  I  did  attend.  Imme- 
iirately  upon  wliich  (before  myself,  or  either  of 
the  informants  were  examined)  Mr.  Atterbury 
tlic  nicsyenger  came  to  the  office,  and  took  me 
into  custody ;  the  only  instance  where  9uch  as 
ramfc  Co  ;^ive  information,  on  the  behalf  of  th^ 
kiusf,  were  so  treated  (before  any  accnsatioti 
a;^ai)TSt  them)  and  some  short  time  after,  thus 
in  custody,  I  was  called  in  before  the  then  king 
and  council. 

The  first  question,  (by  his  then  majesty) 
asked,  was,  what  made  me  eni^uge  in  that 
matter  ?  To  which  I  answeretl.  That,  I  was 
altogether  unrelated  to,  and  unacquainted  with 
tliat  honourable  family  ;  so  that  there  lay  no 
;norc  personal  obl^tioD  upon  me  first  to  move, 
titan  upon  any  man  whatever,  who  might  have 
met  with  the  like  information  ;  but  it  was  my 
love  to  truth  and  justice  first  engaged  me  in 
it ;  and  throu!i)^h  the  grace  of  God,  my  duty 
thoi'oin  i  v^fluld  do,^though  death  stared  me  iu 
llie  face  every  "step  I  made. 

I  cannot  but  here  observe  the  carriage  of  the 
then  duke  of  York,  who  with  a  concerned 
countenance,  leaning  his  elbow  upon  the  board, 
covered  his  face  with  his  band,  upon  which  I 
did  immediately  tmagine,  tltatsouic what  within 
did  more  trouble  him,  than  all  the  trouble  frotu 
without  did  me  ;  for  though  1  stood  as  a  sup- 
posed criminal,  I  had  reason  to  guess  some 
lod^y  eioc  was  the  real  one.  I  did  then  observe 
to  his  majesty  the  incoherence  and  contradic- 
lions  sworn  l>efore  the  caroner  by  Bomeny  and 
Kussel,  who  were  the  persona  that  pretended 
to  prove  the  self-  murder  before  the  coroner  ; 
upon  tvhich  his  highnoss  called  for  |hose  infori- 
^nations,  but  said  nothing  in  answer  :  his  mar 
jcsty  then  took  them,  and  said  as  little  ;  but 
the  then  lord  keeper  North;  bavin?  read  tiieni^ 
went  altout  to  reconcile  those  incoherences  and 
{f^at^-aiU^tioiw ;  t^on  whi^  I  did  objeet  against 


what  his  knndship  said,  as  insufficient,  aod  fur- 
ther ui^^  the  oDJections  I  bad  before  nnde. 
His  loi'dsliip  se^nsed  very  angry  that  I  made 
tliose  reflections ;  but,  with  subinissioa,  I  think, 
by '  printing  the  coroner's  depositions,  every 
man  was  in  some  sort  appealed  to,  whetiier 
what  wtis  so  sworn,  and  printed,  was  not  sa£- 
Ctent  to  induce  every  impartial  person  (forsQch 
the  coroner  and  jury  ought  to  have  been)  thst 
the  earl  ■  of  Essex  did    indeed  cot  his  ovs 
throat;    and  the  printing  those  ^at  iaoo- 
herences,  and  contradictory  depositions,  ar^wi 
as  great  impolicy  in  the  authority  that  (Mib- 
lished  them,  as  the  deposing  them  did  vilfuny 
in  the  informants,  or  the  believing  them  wut 
of  understanding  (not  to  sav  honesty,  inte- 
grity and    impartiality)    ia  the  corooer,  sad 
most  of  the  jury.    Aiier  some  time  spent  in 
the  examination,  I  was  ordered  to  withdraw 
into  the  secretary's  office,  and  repeated  srden 
given  by  the  then  king,  that  I  should  be  kept 
close  (perhaps  that  I  might  not  bear  the  b«j, 
or    liis  sister   examined)   the  boy  ^ras  th» 
called  in,  and  at  first  (as  i  was  afterwards  inr 
formed)  did  not  deny  the  truth  of  bis  iofar* 
mation  ;    but   being   not  then  past  13)  inl 
frighted  by  being  before  so  great  authority,  he 
wept ;  upon  which  his  tiien  majesty  stroked 
him  upon  the  head,  and  said,  did  not  you 
invent  this  Jo   excuse  your  truantiDg  ?  Tt 
which  the  boy  trembling,  answered,  yes  (tbii 
the  boy  declared  at  home  after  his  examiiu- 
tion).    Then  the  sister  was  called,  who  da> 
dared  how  the  boy,  upon  his  first  coming  fron 
the  Tower,  bad  informed  her  as  before  at 
forth,  and  though  ^ter  threatened  to  be  whipt, 
never  retracted  till  Tuesday,  when  I  faaHog 
been  there,  his  sister  had  frighted  him  iota  i 
denial,  which  as  soon  as  I  came  the  seoosd 
time,  he  retracted,  and  stood  to  his  first  iofis- 
mation,  saying  his  sister  h^d  frighted  him,  and 
told  him  he  snould  be  hanged  and  bis  father 
would  be  undone  ;  the  fear  of  which  made  hiffi 
deny  it,:  she  further  declared,  that  she  didre- 
rilybelie\e  lliey  never  knew  or  heard  of  w 
till  the  Tuesday  alter  my  lord's  death,  and  tbt 
I  never  did  give,  or  offer  het  brother  one  fir- 
thing,  but  still  enjoined  him  to  speak  nothing 
but  the  truth,  (this  the  sister  did  after  dedm 
was  the  substance  of  her  examinatkm.)   iHkr 
the  sister's  examination  was  over^  I  iras  the 
second  time  called  for,  and  told  by  my  M 
keeper,  that  I  would  have  suborned  fte'b^ ; 
to  nhich  I  answered,  that  I  was  well  satined 
of  my  innocency  in,  and  abhorrence  of  alt  sack 
practices,  which  in  this  case  appeared  imposs* 
ble,  seeing- the  relation  of  the  boy  was  Kfetil 
days  before  I  ever  saw  or  heard  of  the  boT ; 
nevertheless  I  was  ready  to  give  what  hail  1» 
lordship  sliodld  l>e  pleased  to  comftiand;  opoi 
which  I  was  ordered  to  ^ive  bonds  with  tm 
securities  in  2,000/.  a-piece  ;  this  I  did  ^ 
very  alternoon  ;  but  the  omission  of  the  nodtf' 
secretary,  iu  the  form  of  these  bonds,  was  Hi] 
advantageous  to  me  and  my  securi^ ;  w 
whereas  the  condition  of  all  council-bopdiwaa 

to  conclude,  *  and  ia  the  meaa  tine  tobsofthf 


L 


•  "S 


1233]         STATE  TRIALS,  36  CHAEtts  II.  igei.'-r/fcr  A  M«fcAiei«or.         [lesa 


good  behaviour  ;'  tUifi  <cUtQse  in  mine  was  left 
out,  by  which  my  h*ieD(ls  ^ere  saved  tVoiu  tliat, 
which  otherwise  would  (lusyou  will  afterwanU 
find)  have  ruined  them.  Standing'  thus  ujider 
QfOOOl,  10  answer  to  an  information  of  suborii- 
atioD,  I  thought  I  was  in  self-justice  bound  to 
ixiake  whatfurtber  inquiry  I  could,  to  strengthen 
the  boy's  evidence.  To  which  my  iord  keeper 
(without  the  least  colour)  suggested,  I  did  en- 
cleavour  to  suborn  tiie  boy  to  swear.  In  this 
inquiry  I  was  daily  hurrietl  up  ani)  down,  and 
foond  most  people  airaid  to  discover  what  they 
knew  relating  to  my  lord's  death.  In  a  con- 
stant search  after  many  particulars  relatipg  to 
tliis  matter,  (all  which  would  Le  too  tedious 
to  repeat)  I  was  likewise  informed  of  a  girl  that 
had  also  seen  the  bloody  razor,  as  before, 
thrown  out  of  my  lord's  chamber- window ; 
upon  which  I  went  to  St.  Katherine's,  where 
ike  girl  lived,  and  several  persons  beios  pre- 
sent, I  took  in  writing  what  she  could  say 
berein,  and  what  her  aunt  and  one  Mr.  Ghur 
brook,  to  whom  she  related  it  as  she  came  from 
the  Tower,  could  testify  ;  which  relation  was 
as  foUoweth : 

Jiagost  the  8th,  16|8d.     The  Information  of 

JANE  LOADMAN,  agetl  about  13  years, 

who  did  in  the  presence  of  these  whose 

ilames  are  here  under- written,  declare  as 

followeth. 

•  That  the  said  Jane  Loadiuan  was  in  the 
<  Tower  on  Friday  morning,  the  13th  of  July 

*  last,  and  standing  almost  over  against  the  late 

*  earl  of  Essex's  lodging  window,  she  saw  a 
«  hand  cast  a  razor  out  of  my  lord's  m  indow, 

*  and  immediately  upon  that  she  heard  shrieks ; 

*  and  that  there  was  a  soldier  by  my  lord's  door, 

*  which  cried  out  to  those  w'ithin  the  house, 

*  that  some  body  should  come  and  take  up  a 

*  razor  which  was  thrown  out  of  the  window ; 

*  ivhereupon  there  came  a  maid  with  a  white- 

*  hood  out  of  the  house,  but  who  took  up  the 

*  razor,  she  cannot  tell. 

Witness  *  John  Broom,  Wm.  Smith.' 

August  the    8th,  1683.    Mr.  William  61«s- 
■  hrooke  doth  declare, 

<  That  one  Jane  Loadman,  aged  about  13 
years,  inhabiting  in  the  same  house  where  he 
the  said  William  Glasbrook  lodged,  did  on 
Friday  the  13th  of  July  last  past,  between 
the  hours  often  and  eleven  in  the  morning,  in 
the  presence  and  hearing  of  him  the  said 
'William  Glasbrook,  declare  to  her  aunt,  that 
the  earl  of  Essex  had  cut  his  thi-oat ;  upon 
which  her  aunt  was  very  angry  with  her; 
whereupon  she  the  said  girl  did  declare, 
that  she  was  sure  of  it.  For  she  saw  him 
throw  the  razor  out  of  the  window,  and  that 
the  ra2or  was  bloody,  and  that  she  heard  two 
'*  groans,  er  shrieks  ^wbich  of  the  two  words 
«-she  used,  be  the  said  William  Gksbrook  is 

*  not  certain).  Of  this  be  the  said  Glasbrook 
•^  is  ready  to  make  oath. 

Witness.  Willun  Glasbrook* 
JLoadmaA's  Aunt,  Maboaret  S^MrrH. 


About  this  lime  J  was  ^informed,  That  the' 
reiMirt  of  tiie  earl  of  Essex's  death  was  at  Tuhx  ' 
bridge,  about  nine  of  the  ^-lock  that  very  rooni> ' 
iog  he  died,  when  as  mv  lord's  death Vas  nut 
known  in  the  Tower  till  al>out  nine :  ^vhere- 
npon  I  rid  to  Tunbrid<^e,  but  I  found/the  pert^m 
very  shy,  and  unvtilling  to  appear  in  the  mat- 
ter. I  had  no  sooner  returned  to  London,  but 
I  was  lold,  the  same  report  ^vas  at  Marlbo- ' 
rough,  in  Wiltsliire,  ^about  70  miles'  from  Lon-  ' 
don)  the  very  mornuig  of  the  carl's  death  ;• 
whereupon  1  rid  to  Marlborough,  resoUing  to 
trace  the  report  as  near  as  1  could  to  the  anther. 
When  I  came  to^ Marlborough,  1  met  with  ouu. 
Jeremiah  Burgis,  whom  betbre  this  I  never  te 
my  remembrance  saw  or  heard  of;  who  de- 
clared. That  the  very  morning  my  lord  died, 
he  was  at  Froome,  in  Somersetshire,  (abont  30' 
miles  from  Marlborough  an(l  a  hundred  miles 
from  London)  aud  being  there  at  flie  Dolphin,' 
he  was  informed  that  the  earl  of  Essex  had  cut 
his  throat  in  the  Tower.  I  did,  desire  Burgis 
to  write  a  letter  to  the  master  of  llie  house  at . 
l^roome,  to  inform  me  (if  he  could  remember) 
who  it  was  that  reported  this  at  his  house.  I  did 
at  Marlborough  likewise  speak  with  one  Lewis, 
i^ho  did  also  inform  me,  *  That  about  two  of 
the  clock  the  day  the  earl  di.ed,  as  he  was  riding 
up  Husbands- hiil,  (about  fif^y  miles  from  Lon- 
don) he  overtook  a  gentleman,  riding  a.  very 
easy  traveller's  pace;  tmi  as  they  were  dis* 
coursing  (»f  ihc  news  in  the  country,  the  gen- 
tleman said,  he  had  heard  a  repoit'of  the  earl 
of  Essex,  that  he  had  cut  his  throat  in  tfas 
I'ower :  but  the  gentleman  was  altogether  a 
stranger  to  him,  and  therefore  he  could  not  in- 
form me  how  or  where  to  find  him.'  With 
Burgis's  letter  T  was  riding  to  Froome:  but 
when  I  came  within  six  mile^  of  the'place,  at 
a  town  called  Bradford,  I  stopt  at  an.  inn-door 
to  drink  a  glass  of  cyder ;  upon  w))ich,  one 
Beach  an  a^mey,  (notorions  in  his  country 
and  generation)  informed  a  justice  of  peace 
then  there.  That  I  looke-i  like  a  diaaflected 
person,  by  wearing  band  and  cuffs,  and  there- 
tore  in  that  dangerous  time  J  ought  to  be  ex- 
amined, upon  which,  the  justice  came  oat  to 
examine  me,  and  there  came  with  him  one  who 
knew  me,  so  that  the  justice  seemed  well  satis- 
fied :  but  Beach  taking  the  justice  aside,  tells 
him,  That  he  ought  to  be  more  strict,. and 
search  me ;  for  by  my  wearing  band  and  cuffii, 
it  was  plain  I' was  disaffected  to  the  govern- 
ment, (of  this  I  have  been  often  told  by  some 
then  there)  ;  upon  which  the  jostiec  told  me^ 
He  must  search  me.  -When  1  peroeivcd  this, 
I  thought  it  proper  to  give  the  justice  a  parti« 
cdar  account  of  the  occafsion  of'  my  being  ia 
the  country  ;  as  also,  what  papers  i  had  about 
me,  which  papers-  being  read,  after  some  de- 
bate, and  advising  with  tlie  said  Beach,  he 
made  a  warrant  for  my  commitment,  the  fbrm 
whereof,  in  the  conclusion,  was  the  most  illegeC 
J  ever  saw. 

The  Warrant  ran  in  these  words,  viz, 
Witts,  s$,    *  To  the  keeper  of  his  majesty's 
<  gx)alof  Fishcrton-Aogerin  this  county,  Or  his 


1255]  STATE  TRIALS,  36  Chmilbs  IL  iSH-^IHalofBradi&m  «mI  Spdee,  [1S56 

<  safitci«Dt  deputy,  th^se*    I  send  yim  bert- 

<  withal  Hie  "body  <]f  Lawrence  Bnuidon,  appve- 
(  hended  in  the  town  of  Bradford  in  die  county 
(  ateresi^<l,  this  present  d9nd  day  of  Aufpiat, 

<  taken  upon  suspicion  ef  being  ft  (nngeroos  and 
^  ill- affected  person  to  the  goiverninent,  and  ibr 

<  refusinjf  to  give  an  account  of  his  business  in 
these  parts,  and  for  having  letters  of  danger- 


«  008  consequence  about  him.  These  are 'there- 

<  foi-e,  in  th<^  kind's  majesty 's  name,  to  will  and 
«  require  you,  I'Jiat  upon  sight  hereof,  you  ve- 

<  ceive  him  the  said  Lawrence  Braddon  into 

*  your  g^oi,  and  him  there  safely  keep,  (not 

*  permitting  him  to  have  pen,  ink,  or  paper,  or 
«  person  to  converse  or  sp«nk  with  him)  until 

*  you  shall  receive  further  orders  from  his  ma- 
« jesty  and  privy  council.  Hereof  you  are  not 
<<  to  rail  at  your  peril.    Given  under  my  hand 

<  and  seal  at  Bradford,  this  fifid  day  of  August 

<  aforesaid,  Anno  Regni  Caroli  Secundi'  Angl. 

<  &c.  35.  Anno  Dom.  1683.* 
.  it  was  long  )iefore  I  could  prevail  with  the 

justice  to  kt  me  hear  my  xrarrant  read  :  but 
when  I  told  him  by  the  statute,  [SI  Car.  2,1 1 
would  have  a  copy  of  it  within  six  hours  idter 
\  was  brought  to  gaol,  he  read-it  to  me ;  find^ 
ing  the  conclusion  to  be  so  ari>itrary,  I  toM  him 
be  conld  not  justify  .his  warrant ;  which  should 
the  jailor  obey,  I  might  be  kept  a  close  prisoner 
dormg  life.  For  f  was  not  to  be  admitted  to 
■en,  ink  or  paper,  or  converse,  till  the  jailor 
heard  from  the  long  and  council,  without  which 
I  must  perish  in  prison,  without  conviction  or 
t^ft^:  1  tM  him  that  all  such  warrants  of  com- 
mitment ought  to  conclide,  *  till  he  be  discharg- 
*  ed  by  due  coume  of  law  ;>  but  the  justice  t(3d 
me  be  would  maintain  the  legality  of  his  war- 
rant, 1  was  hereupon  carried  to  gaol  (about  SO 
milea  distant  from  Bradford)  where  I  found  the 
keeper  ef  more  sense  or  honesty  than  either  his 
worship  or  .his  cabal ;  for  there  wore*  several 
nttomies  ui  the  inn,  when  I  was  examined ; 
(with  whom  Mr.  Justice  advised)  for  the  gaoler 
told  me)  that  notwithstanding  the  strictness  of 
my  commitment,  I  shouM  diicours<'  with  whom 
I  wottM,  himself  bemg  by,  and  write  to  whom 
I  would  whilst  Jie  was  present,  and  saw  it 
Thanking  my  keeper  for  this  civility,  I  did 
immediately  demand  a  copy  of  my  commit- 
moDt,  and  writto  London  for  my  Hab«is  Coi^ 
pas  thereupon,  which  within  some  short  time  I 
reoeived,  and  was  brought  to  London  to  be 
hailed ;  but  all  the  jndges  being  out  bf  town,  I 
was,  according/as  the  slatuie  herein  directs,  to 
Id  be  carried  before  my  lord  keeper  (North) ; 
Init  bis  tovdsbip  ordered  the  gaoler  to  bring  me 
hefbre  him  at  the  council  that  afbemoon ;  as 
0oon  as  I  appeared  before  his  lordship,  my  lord 
neemedwdl  pleased,  at  a  topposed,  bat  mis- 
taken advantage  he  thought  to  have  had  Against 
Biy  bail;  Ibr  his  lordship  smiling,  told  me,  not- 
withstanding he  did  not  expect  that  I  should 
have  had  much  regard  to  myself,  yet  he  did 
believe  I  would  have  had  that  jusi  respect  to 
my  bail,  as  not  to  ruin  them  by  those  new  mat- 
taw  Hien  to  be  hud  to  my  charM.  To  which  I 
iDiweredy  I  knew  not  wherein  1  had  prejudiced 


my  bail,  of  whom  the  ody  thing  tei|iiired 
my  appearance  die  then  next  term,  whiefa  (if 
God  permit)  1  would  do,  and  tbersby  indcm- 
niiy  them :  No,  replied  his  kwdsUp  (snuliBg) 
the  good  behavkMir  was  likewise  reaoired ;  n 
notorious  breach  whereof  appears  in  tlieae  mat- 
ters yoa  stand  afredi  charged  widi.  I  did  horn* 
bl^  appeal  to  the  bond  itself,  and  in  it's  ess* 
dition  no  ^ood  behaTioor  was  required.     For 
which  omission  his  lordship  was  angry  wiih 
secretary  Jenkms,  who  transfhrrad  the  Mama 
thereof  to ,  his  under-secreCary.      When  his 
lordship  fbund,  that  by  this  neglect  my  bai 
was  slipt  from  his  bands,  his  loraship  was  re- 
solved to  bold  me  fsst  enodgh ;  and  therefiNe 
demanded  bonds,  with  sureti^  in  twelve  thou- 
sand pounds,  f<yr  my  appearance,  and  as  modi 
more  security  for  the  good  bebavkMnr.     1  <fid 
hereupon  desire  his  lordship,  that  he  would 
consider  the  statute  upon  which  I  thai  came  t» 
be  bailed :   and  as  that  statute  required,  hta 
lordship  would  oon^der  my  quality,  and  the 
nature  of  my  offence :  As  for  the  first,  I  was  a 
younger  brother  and  my  fiuher  Itvin^ ;  and  as 
to  the  second,  the  pretended  crime,  it  wms  of 
the  very  same  natnre  with  that  under  wluch  I 
stood  bound  with  sureties  in  3,000i.  for  my  ap- 
pesraace.    My  knd  Keeper  replied.  That  ae- 
Gording  to  the  statute,  he  did  consider  hath  asy 
condition  and  the  offence,  and  regnbted  hm 
demands  accordingly ;  fbr  had  I  bera  aMcrman 
of  London,  my  Quality  answerable  to  the  crime, 
for  every  6,OOo7.  bis  loidship  would  have  de- 
manded twenty ;  so  that  then  I  mus^havegiyeQ 
80,000/.  4K>nds  in  bail  and  suretyship ;  which 
(to  the  bc«t  of  my  remembrance)  is  -twice  aa 
much  as  I  ever  yet  heard  demanded  of  any 
nobleman  in  England,  though  under  «  com- 
mitment of  hi^> treason.     Whilst  I  was  hefim 
the  council,  I  desired  his  lordship,  that  some  of 
those  witnesses  might  be  sent  Rw  not  of  the 
country,  where  the  report  was  of  the  earl'a  hav- 
ing cut  his  own  ^roat  in  the  Tower,  hcfore  hia 
lonlship  was  dead.    Upon  which,  one  of  the 
lords  of  the  council  (to  the  best  of  my  remem* 
branoe,  the  then  marqais  of  Hallimx)  aaili 
*  Thia  is  just  as  it  was  in  the  case  of  sir  Ednmid* 
bury  Godfrey.'    Bat  the  lord  Keeper,  1  immd, 
would  not  send  for  witnesses  to  prove  what  hii 
bosiness  was  industriously  and  oMreaaiwIy  te 
stifle.    Not  being  able  to  eomoly  with  tbem 
bard  terms,  I  was  remanded  to  Wiltshire  jni^ 
But  now,  instead  of  bong  seat  back  Co  wSi* 
shire,  I  was  turned  over  to  Mr.  Atterbtiry  iht 
messenger,  where  upwards  of  five  wedu,  I  ky 
at  no  less  charge  than  4l  and  odd  BMm^  per 
week'  directly,  besides  other  eoJhilcnJ  ex* 
pences ;  this  bemg  too  gMt  ibr  my  foifs  ts 
comply  with,  I  was  advised  to  ranaove  mymUt' 
to  the  King's-banch.    And  the  then  nmU  torn 
I  waa  baild ;  whereupon  I  renewed  nay  mqni 
ries  after  oMtny  particulars  rdatipg  to  mylardV 
death,  and  I  did  then  nndaaEroar  «n  ge4  the 
names  of  most  of  the  aoUiers  upon  dn^  in  ike 
Tower,  that  day  my  lord  wft  mnrdcredL  1  wm 
in  a  c(«staat  inquiry  afW  some  of  them :  ftr  I 
had  reasop  by  some  infbrmatinn  I  hid  neodTd^ 


mr]        STATE  TRIALS^  dfiCtf  arlbs  It  MS4.-/<ftr  a  MUdmumcr.        Il25i 

he  was ;  biiite  de|*roy  Ait  ouMpired  cbacgie  of 
Mr.  Speke,  and  myaof,  agsimit  those  io  whoM 
cartody  v  v  lord  was  (at  tSe  time  of  hb  death), 
the  t|ien  tango's  ooansd  said,  that  they  wodM 
give  an  account  of  the  carles  deatli,  how  he 


to  bcliew  lh«t  not  a  few  ooniUUspeak,  not  enljr 
to  the  throwmg  e«l  of  Ike  Moody  taaor,  hat  the 
vaaimg  n  the  niiiaiis  to  my  lord,  and  fttNSi 
whom  tbooeTilbiniw^re  sent.;  BntasIsmiAce 
with  any  of  those  soMiers,  I  peroeiTed  them 
very  shy,  and  denied  to  me,  what  they  had  be- 
ibre  freely  oonfteed  to  their  intimaiteaoqaaint- 
jince;  and  aflerwards  told  their  friends,  thitt 
ttie  morning' after  my  lord's  death,  their  captain 
in  die  T6wer  eommanded  them,  nnder  severe 
threateaings,  net  to  dtsoorer  what  they  had  ob- 
serred,  in  relation  to  the  death  of  the  earl  of 
Essex. 

Whilst  I  was  prisoner  io  the  King's -bench, 
I  (with  th^  rest  of  the  king's  prisoners)  was  se- 
rend  tim»  searched ;  but  having  still  notice 
some  shftft  time  before  such  searcn,  I  convey- 
ed aw^y  liuch  papers,  as  being  s^sed,  mignt 
have  tended  to  my  j^jodice.  But  in  sneh 
hurries,  1  lost  a  Ust  of  soch  names  that  eouki 
hare  d^clareil  that  which  was  not  aUttle  mate- 
rial to  this  discovery. 

In  Hihnry  terra,  83,  Mr.  Spdce  and  my  self 
were  tried  npon  an  Information ;  die  substance 
wbeteof  was, '  That  whereas  Arthur  late  earl  of 
<  Essex,  the  13th  of  July,  (being  prisoner  in 

*  the  Tower  for  high- treason)  himself  feloni- 

*  ottsly,  and  as  a  telaa  of  himself,  did  kill  and 

*  muraer,  and  the  day  afW,  was  by  the  co- 

*  roner's  inqnest  so  found ;  the  said  l^awrence 

*  BraddoB^and  Hu^h  Speke,  well  knowing 

*  hereof,  but  oontrivmg,  and  maliciously,  the 

*  gsvemment  of  onr  wd  b>rd  the  king,  of  this 
Mug'doem  of  Enghmd  into  hatred,  disgrace 


murdered  himself,  and  for  that  ther  had 
dood  of   wiUiBMCs   (Speke  and   Braddon^ 


Tria^^llSO.)  But  when  this  clond.appeared, 
it  consisted  in  Major  Hawley  (at  whose  honae 
my  lord  was  murdered)  Rusael  the  warder, 
(who  then  kf'pt  the  chamber-door)  Bom^ 
my  lord's  servant,  (then  attending  on  his  lord- 
ship) and  lioydjhe  centinel  (who  kept  jtiie 
outward  doOr  whilst  mj  lord  was  murdered). 
Here  are  three  (Monday  being  the  fourth)  of 
,  the  men  in  whose  custody  my  lord  was,  and 
consei|uent]y  (accoi-diDg  to  the  information)  the 
very  men,  Mr.  Speke,  and  mysd^  had  con^ 
snired  to  charge  with  my  lord's  murder;  and 
tiiese  very  men,  in  whose  custody  my  lord  wes, 
were  like  a  ctond  of  witnesses  brought  to  prove, 
that  those  men,  in  whose  custody  my  lent  was, 
did  not  murder  his  lordship,  but  that  the  earl 
himself,  feloniously,  and  as  a  fekm  of  htmielf, 
did  kill  and  murder. 

How  very  ridiculoes  wonUithave  looked 
should  the  then  oonit,  or  king's  oonnsel,  have 
thus  spoke  to  those  three  witnesses,  (vu.) 
^  Gentlemen,  yon  (being  three  of  the  men  in 
whose  custody  my  lord  was  at  the  time  of  hia 
death)  are  designed  tube charig^cd  by  the.. de- 
fendants Speke  and  Braddon,  with  the  Burder 
of  my  h)nl ;  hot  we  have  thought  it  convenient 
and  just  by  you  to  prove,  that  yourselves  did 


*  and  contempt,  to  bring,  Sec.  did  falsely,  unlaws    not  murder  this  unfortunate  lord,  but  that,  that 

*  folly,  malicionsly,  mid  seditiously  conspire,    lord  himsdf,  feloniously,  as  a  felon  of  himsdf. 


*  and  endeavour  to  noake  the  kinf^'s  subiects  be- 

*  ilene^  that  the  coroner's  inquisition  was  un- 
'  duly  taken,  and  that  the  said  Arthur  eari  of 

*  Essex,  by  certain  persons  unknown,  in  whose 

*  custody  ne  was,  was  killed  and  murdered,  in 

*  order  to  which  they  the  said  Laoreiice  Brad- 

*  don,  and  Hugh  Speke,  dkl  falsely,  unlawfully 

*  fUMi  unjustly,  maUciouslj,  and  seditiously 

*  conspire,  to  iirocore  certain  false  witnesses  to 

*  prove,  that  toe  said  Arthur  earl  of  Essex,  by 

*  the^said  persona  unknown,  was  killed  and 
«  mnidered.'  Vale  Trial,  p.  lldT,  of  tins  Vo- 
Inme. 

Observe,  The  InformaliOB  doth  not  chaige 
us,  for  endeavouring  to  suborn  false  witnesses ; 
because  to  prove  Swt  some  money,  or  other 
eoaaideration  must  have  been  prov«l  to  be  of- 
fered, or  promised ;  which  they  beinff  not  able 
te  prove,  the  information  saith  we  did  conspire 
to  pfdeme  false  witnesses.  And  yet,  because 
>subDffiatN>n  would  represent  the  matter  most 
"Miieus;  in  the  title  ya^e  of  the  Trial,  it  was 
•expsessokl,  *  Upon  an  Information  of  hi^h  mis- 

*  demeanor,  subornation,  and  spreading  false 
•*  news.' 

This  Information  charges  Mr.  Speke  and 
flSTsdf  with  fabely,  unlawfully,  malicionsly 
auMlaeditionsly  conspiring  to  procure  false  wit- 
aipwffs  to  prove,  that  (the  right  honourable)  Ar- 
^«r,  bte  earl  of  Essex,  was  killed  and  mnr- 
ilered,  by  persons  unknown,  in  whooe  custody 


did  kill  and  murder,  as  upon  onlj^soroe  of  * 
your  depositions  he  hadi  been  already  found  by 
the  coroner^s  inqinsition,  do  you  therefore  upon 
oath  byt  purge  your  selves  and  lay  this  mor- 
der  to  my  lord's  own  door,  and  we  will  infUet 
exemphury  punudiment  upon  these  defendants, 
whose  conspiracy  tended  to  the  cbargug  you 
as  acton  in  it,  or  privy  thereunto  "   ' 

I  do  humbly  conceive,  that  all  this  waa  vbr— 
toally  included  in  the  examination  of  tfaoae 
witnemes,  whose  oaths  were  not  only  admit- 
ted to  purge  themselves,  but  to  render  ouch  na 
criminals  as  should  endeavoor  to  chai]ge  them% 
Should  the  like  be  practised  in  protection  of  all 
accased,  (I  am  well  satisfied)  no  man  troolC 
turn  accuser. 

If  any  shall  say,  these  (bei^  the  inen  9f^ 
tending  on  my  kiri  at  the  tune  of  his  doMH 
and  his  tordship  then- a  dose  prisoner)  are  tka 
persons  to  be  presoilied  privy  to  wliat  w«s 
done  by  his  hmbhip  just  befote  hv  death,  and 
therelbie  the  parties  which  as  u  diat  oaeU  h^ 
sworn. 

I  answer,  as  they  were  the  men  which  weM 
to  be  presumed  pnvy  to  what  was  done  by  his 
kwdship  just  befoie  Lis  deaHi,  bceause  ^tb«gr 
were  the  persons  whpoe  statieas  were  so  netff 

*  Bomeny's-and  Rvsssil's  infhnnationr  he«t 
fore  the  coroner  which  are  at  laige  herein  bfr 
fbie  printed,  aeepp;  1(44,  l|45b 


1559]  STATE  TRIALS,  SGCharlesIL  \6B4..^TrialofBraddonandSpek£»[\^ 

his  lordsbip,  fur  this  very  reaion  they  were  the 
parties  which -were  iikewise  to  be  supposed 
privy  to  what  was  dooe  to  his  lordship,  just  be- 
fore his  death;  and  fbecefore  adroittiusi:  that 
hia  lordship  fell  by  treachery  and  violence, 
these  very  men  must  be  presumed  conusaut 
thereof.  .Wherefore  these  mens'  testimony 
being  in  effect  a  self-discharge,  ought  not  here 
to  hfive  been  admitted. 

With  all  submission  to  that  g^eat  justice, 
judgment  and  policy,  which  drew  and  managed 
this  information  agaiuH  Air.  8peke,  and  my 
self,  I  think  herein  the  managers  of  this  pro- 
secution extremely  failed  in  their  proof;  ier 
Mr.  Speke,  and  myself,  being  accused  with 
falsely,  &c.  conspiring  to  chai^ge  those  in 
whose  custody  my  lord  was,  ,witn  murdering 
my  lord ;  the  duty  incumbent  upon  tlie  then 
king's  (or  rather  duke's)  counsel  was  to  prove, 
that  we,  or  one  of  us,  aid  use  indirect  means, 
by  bribes,  threats,  or  the  like,  to  procure  those 
false  witnesses ;  and  this  (or  ithatever  else  was 
brought  to  prove  this  information)  ought  to 
iiave  been  deposed  not  by  such  as  appeared  in  • 
court  (in  effect)  with  baiters  about  their  neck& 
to  swear  for  their  own  lives;  being  virtually 
told.  This  do,  and  you  ^all  live ;  but  in  the 
>jdayy«fail  thereof,  ye  shall  surely  die:  But 
this  mformatlou  ought  to,  have  been  testified  by 
men  who  stpod  recti  iA  Curioy  which  were  nei- 
ther themselves  to  be  banged  for  murdering 
my  lord,  provided  they  would  not  (by  conse- 
<|uence)  prove  he  did  mbrder  himself ;  or  to  be 
not  only  saved,  but  well  rewardcMi  in  case 
they  did  (though  contradictorily)  confirm  the 
same. 

As  for  all  those  witDcsses'which  were  pro- 
duced against  us,  to  prove  any  biibesorthe 
like,  r  do  suppose  prejudice  itself  will  not  pre- 
tend to  say,  that  by  the  Trial  ( v/hich  none  can  be^ 
Heve  sir  George  Jefieries  would  order  partially, 
in  our  favour  to  be  printed)  the  least  colour  of 
proof,  is  given  by  any. 

That  nation  is  happy  whose  government  an- 
swers the  true  end  of  governors,  viz.  *  To  be 
*  terrors  to  eyil- doers,  and  a  praise  to  those  that 
<  do  well ;'  but  when  once  tais  end  is  inverted, 
and  justice  (or  rather  that  which  a  corrupt 
court  falsely  calls  so)  becomes  a  screen  to  male- 
iactors,  and  punishment  inflicted  on  those  who 
would  punish  them,  then  is  that  kingdom  in  a 
much  worse  condition  than  it  could  be  by  the 
state  of  nature.  For  justice  thus  corrupted, 
would  prove .  as  fatal  to  the  body  politic,  as  the 
|M>i9oning  all  drugs,  simples,  &c.  would  to  the 
Aody  natural. 

Ihb  by  the  perversion  of  all  law  and  justice 
would  probably  have  proved  our  general  fate, 
had  not  God  (in  mercy)  by  the  Rqvolution,  re- 
jnoved  the  source  hereof. — But  to  return  to  my 
trial,  where  I  did  expect  all  that  the  most  in- 
veterate and  malicious  rage  could  utter,  and 
therefore  was  not  surprised  wi^  all  that  fury, 
and  unjust  inveteracy,  that  appeared  in  Jefferies 
the  then  chief  justice. 

In  this  veidict  I  only  am  foimd  guilty; 
(could  such  a  thing  be  possible  of  a  eonspiracy 


to  procure  false  witneases.)— It  was  never  be- 
fore known  that  only  one  could  coDuait  a  coo- 
s|>iracy.  For.  the  notion  of  a  conspiracy  I  uke 
to  be  tbe  combining  together  of  two  or  more  to 
do  that  which  is  ill.  Upon  this  verdict  Hf. 
8(>eke  was  fined  1,000/.  and  (because  thecMit 
said  I  was  the  greatest  criminal,)  my  fine  wu 
2,000/.  and  both  ordered  to  give  security  domg 
life. 

But  Mr.  Attorney -general  at  the  trial  w» 
pleased  to  4I0  me  the  justice  to  say,  that  8p^e^ 
letter  produced  at  tbe  trial  was  ten  times  watt 
thau  what  1  had  done* 

^vne  witnesses  (at  my  trial  subpcenaed] 
would  have  meniioneil  several  matters,  rebtioi; 
to  the  then  duke  of  York's  guilt,  in  rebtianto 
this  murder;  but  I  found  it  wasatrttliiteD 
great,  which  that  court  would  not  bear,  aod 
therefore  thought  it  not  proper  to  call  tfaem,  bat 
left  them  till  such  a  seascm  wherein  truth  ia 
this  matter  should  not  b^  prosecuted  as  the 
highest  oilence. 

And  this  brings  roe  to  the  Proofs  that  have  m 
this  case  been  taken  in  1688  and  1689,  bdoie 
the  Secret  Committee  appointed  by  the  Utaie 
of  Lords.  But  before  I  do  begin  with  the  efi* 
deuce  it  may  not  be  amiss  to  give  some  shait 
account  how  this  case  came  before  that  right 
honourable  House,  where  it  was  occasnoiily 
brought,  upon  the  motion,  of  the  n^t  hfr* 
nourable  the  lord  Lucas,  then  gDvemor  ot'  the 
Tower. 

For  the  day  before  the  convention  sat,  ric 
the  2 1st  of  February  *  1688-%,  having  a  vanait 
against  several  as  suspected  privy  to,  or  eoi* 
cemed  in  themurddr  of  this  honourable  patriot, 
and  amongst  the  rest  against  majw  Hawl^,  at 
whose  house  my  lord  was  murdered,  and  KiS' 
sel  the  warder  before  .mentioned ;  both  which 
belonged  to  the  Tower:  I  desired  a  friend  of 
mine  to  acquaint  the  honourable  govenior 
therewith,  so  that  these  persons  might  be  «- 
cured .  As  soon  as  the  lord  Lu^a  saw  the  war- 
rant against  these  two,  he  did  order  them  bodi 
to  he  secured  ;  and  the  next  day  there  was  se- 
veral depositions,  with  relation  to  my  kird'i 
murder,  taken  befiore^ustice  Rolmis,  whodat 
very  day  carried,  copies,  of  them  to  my  hs^ 
Lucas;  upon  which,  his  lordship  the  very  oeit 
day  mot^d  the  House  of  Lords  for  their  M- 
ships  directions  as  to  the  disposal  of  fiawky 
and  Russel,  and  thereupon  produced  these  ia* 
formations  Mr.  'Robins  had  before  broogfat 
him.  Upon  reading  of  these,  the  House cs- 
teied  into  a  debate  of  the  matter,  aod  thea 
called  me  before  their  lordships^  belbre  whook  f 
gave  a  short  account  of  what  is  as  bdbn  M 
materially  mentioned.  After  '  which,  dieir 
lordships  constituted  a  more  general  Conuat- 
tee,  having  several  times  met,  there  was  a 
close  Committee  .appomt^  ;  the  Order  bt 
which  folk>weth :  . 

*  This  seems  to  be  erroneously  pot  iofleal 
of  January.  The  Convention  sat  on  JanntfT 
2S,  1688-9.  See  5CohbettV  P^  Ifirtflrr, 
p.  26.  ^< 


■  1 


I26i]         STATE  TRIALS,  36  Charles  II.  iG^i.^foraMiidmeanor,        [I2ff2 

mored  for  reviving  thftt  Committee ;  which  the 
Uouse  revived  by  this  Order. 


The  Order  for  the  close  Committee. 
Die  Martis,  5  Februarii  1688-9. 

*  Lords  Committees  appointed  by  the  House 

*  to  be  a  close  Committee,  to  examine  and  take 

*  Informations  concerning  the  death  of  the  lat? 
'  ear)  of  Es&ex,  and  have  power  to  sead  for 
'  and  examine  what  persons  they  please,  and 
'  snrh  atfidavits,  as  have  been  already  made  in 
'  this  business,  as  also  for  what  other  they 
'  please,  in  order  to  give  their  lordships  further 
'  ligffat  therein,  whose  lordships  are  to  make  re- 

*  port  thereof  to  the  House. 

'  £.  Bedford. 
'  £.  DEvoNsuiaE. 

*  L.  Vise.  Mordant. 

*  L.  Delamere.' 

*  Whose  loi*d8hips  are  to  meet  when,  and 

*  where,  and  as  oflen  as  they  please.' 

Before  this  right  honourable  Committee, 
4here  have  been  above  sixty  persons  examine, 
of  whic}i  most  were  exammed  upon  oath,  and 
many  of  these  several  times  before  this  Com- 
initiee,  which  ha^e  sat  above  thirty  times,  and 
several  times  adjourned,  when  other  extraonli- 
narv  occcsions  hindered  their  lordships  from 
talcing  the  t'epositions  of  such  as  then  attended 
to  be  examined.  In  May  1689,  tbren  of  the 
four  lords  of  this  Committee,  viz.  the  earl  of 
Devon,  the  lord' Mordant,  and  the  lord  Dela- 
mere,  being  commanded  by  his  miyesty  into 
the  country  to  purge  that  part  of  the  army 
vhich  had  mutined  in  the  North,  the  earl 
of  Devon  (being  chairman  of  this  Committee) 
the  22nd  of  May  1689,  brought  surh  deposi- 
tions and  examinations,  as  in  tnis  casd  had  then 
been  taken,  into  the  Hou^ :  But  the  House 
not  having  time  that  day  to  read  them,  it  was 
deferred  till  the  then  next  day.  Upon  the  read- 
ing of  them  (it  appearing,  that  the  earl  of 
Devon,  the  earl  of  !tfonmouth,  and  the  lord 
Delamere  were  as  above  at)seDt,  for  the  carl  of 
Devon  that  very  mornirii;-  went  into  the  roiin- 
try,  their  lordships  thouc;ht  fit  to  suspend  the 
full  expmination  of  the  matter,  till  these  three 
lords  returned.  This  appears  by  the  Order  fol- 
lowing. 

'  Die  Jovis,  23  Maii  1689. 
'  After  reading  several  papers  and  deposi- 

*  tioDS  relating  to  the  death  of  the  late  earl  of 

«  £s9ex,  it  is  ordered  by  the  Lords  spiritual  and 

^  temporal  in  parliament  assembled,  That  the 

'*  ooosiderations  of  this  bnsiness  shall  be  sus- 

^  penned,  until  the  return  of  the  lonl  Steward, 

*  the  earl  of  Monmoi^th,  and  the  lord  Dela> 
.*  mete,  who  were  of  the  Committee  before 
f  whom  they  were  m^de,  and  who  are  now  in 
*•  the  country  in  his  majesty's  service.    .  And  it 

*  is>  further  ordered,  That  tne  said  depositions 
/  and  papers  shall  be  sealed  up,  and  kept  by 

'  the  clerk  of  the  parliament  in  the  mean  time.' 

*  JoHN.BRowNEjCl.Par.'  . 

TbeseDepositions  lay  scaled  up  with  the  clerk 
,of  tbepariiameDt,  till  the  26th  day  of  October, 
vtrbeii  their,  lordships. of  the  Seci-et  Comduttee 


Die  Sabbatis,  26  Octobris,  1689. 

*  Ordered  by  the  Lords  spiritual  and  tem- 
'  poral  in  parliament  assembled,  "tkat  the  Com- 

*  raittce  appointed,  on  the  fitth  day  of  Fe- 

*  bruary,  to  take  information  ^concerning  the 
'  death  of  the  late  earl  of  Eissex,  be,  and  la 
'  hereby  revived,  to  continue  and  sit  as  before. 

*  JoH.  Browne,  CI.  Pari.' 

Sereral  other  persons  were  now  examined 
before  their  lordships,  who  having  finished 
their  examinations,  they  began  io  reduce  those 
depositions  and  examinations  into  such  order, 
as'  to  their  lordships  should  seem  most  meet, 
but  this  was  notfinisheil,  before  the  27th  daj 
of  January,  when  that  parliament  wsls  pro- 
rogued, and  the  6th  of  February  dissolved^  and 
consequently  all  proceedings  hereupon  stopt. 

The  substance  of  what  hath  been  deposed 
before  the  honourable  h>rds  of  the  Committee, 
and  some  justices  of  the  peace,  1  shall,  in  as 
short  an  abstract  as  I  can  well  reduce  it,  here 
giveyod;  in  which  1  shall  observe,  for  the 
most  part,  as  it  falls  out  in  order  of  time  ;  and 
first,  what  passed  before  my  lord's  murder  | 
secon*'ly ,  the  day  of  his  death  ;  thirdly  after  his 
death. 

As  to  the  first,  before  my  lord's  murder ;  it 
is  deposed  by  Dorothy  Smith  to  this  eifect : 
'  That  about  nine  days  before  my  lord's  death, 
being  servant  with  one  Holmes,  in  BaJdwin's- 
Gardens,  and  standing  upon  the  kitchen- 
stairs,  she  heard  several  papists  discoursing 
(in  the  parlour  of  the  .  said  Mr.  Holm's 
house)  concerning  the  taking  off  the  earl  of 
Essex;  and  it  was  then  and  tliere  declared, 
that  they  had  hern  with  his  highness,  and  his 
highness  wa.s  first  for  poisoning  the  said  earl  ; 
but  that  manner  of  death-  bebg  objected  ' 
against,  it  was  proposed  to  his  lii(;;hness,  that 
the  earl  should  be  stabb<M  ;  but  this  manner 
likewise  not  being  thought  proper,  his  high  • 
ne^s  had  concluded  and  ordered  his'(hroat  to 
he  cut,  and  his  highness  had  promised  to  be 
there^  when  it  was  to  be  done.  About  tliree 
days  after  this,  (viz.)  about  six  days  before 
the  earl's  death,  some  of  the  aforesaid  per-, 
sons  met  again,  at  her  said  master's  house, 
where  she  heard  them  dechire  to  this  effect, 
that  they  had  resolved  the  earl's  throat  should 
be  cut ;  bat  they  would  give  it  out,  that  he 
had  done  it  himself ;  and  if  any  should  deny 
it,  they  would  take  them  up,  and  punish  them 
for  it.  This  informant  bemg  hereupon  much 
troubled  in  her  mind,  and  willing  to  prevent 
(if  possible)  this  intended  mischief,  did  here* 
upon  advise  with  one  Mr.  Billinger,  who  told 
her:  that  if  she  valued  her  life,  she  shonld 
not  discover  it  to  any  ;  for  the  papists  then 
carrying  all  before  them,  she  was  ruined  if 
she  did.  Wherefore  she  did  not,  before  m  j 
lord's  death  (to  her  remembrance)  discover  it 
to  any  other,  unletm  she  might  to  Mrs.  Bil- 
<  linger,  in  which  she  cannot  oe  positive  t  but 


A 


l^J]  STATE  TRIALS.  96  Chaei^m  11.  i684.---7Hif  ^ArnKlMMirJjpcfe,  [1964 


Ike  day  of  njr  Iwd'tf  teth,  «bost  two  or  three 
o'docK  the  Mine  <lay,  loiBe  of  the  aforeaaid 
eonsok  oomtiiff  to  her  maator*  Holm's  houge, 
one  leaped  aSoat  the  roam,  aa  extremely 
OYer-jojed.  aod  atrikea  the  said  Mr.  Holms 
00  the  oacK,  and  eried,  the  feat  was  done,  or 
we  hare  dooe  the  feat ;  and  further  said,  be 
could 'not  but  laugh,  to  think  how  like  a  ibol 
Ae  earl  of  Eoaez  looked  when  they  came  to 
cut  his  throat*  She  further  saith,  <  That 
about  one  year  after  that,  she  Uring  with  one 
Mr.  Rowden,  was  willinfif  todiscoTer  what  she 
had^aa  before  heard,  to  her  said  maater  Row- 
den, hut  he  was  net  free  to  hear  all  she  ooold 
say,  with  relation  hereunto,  bat  adnsed  her 
-*  Id  hold  4icr  peaee  ;^  lor,  by  such  her  dis- 

*  ooorse,  she  might  nun  him  and  all  hiafitmily.' 
Thia  ia  lurtbetr  oonfirmed  by  the  oaths  of  Mr. 
Rowden,  Mm.  Rowden,  and  Mrs.  Mary 
Rovrden :  and  Mrs.  Rowden  doft  further  de- 
|iooe  to  this  eflfeot ;  (?ia.)  «  That  the  said  Do- 

*  rothy  Smith,  in  king  JameathewBoond'sreign, 

*  hath  declared,  that  ahe  did  hope  tp  life  to 

*  aee  the  day,  Mrberein  she  might  fuUy  testify 
<  har  knowtedge  herem  ;  and  this  she  wouU 

*  da,  when  she  might  without  danger.' 

Mr.  Adams  and  his  wife  have  deposed  to 
thia  efiect :  *  That  NoFember  1686,  this  Do- 
rothy ItTod  with  them  aa  their  aerrant ;  and 
in  tears  hath  often  declared  her  orer  heaciug 
the  paj^gts  consult  of  my  lord  of  Essex's 
mumer,  several  days  heme  his  death,  and 
by  whoae  order  the  earl  waa  to  be  murdered : 
but  these  informants  knowing  the  danger  of 
such  discourse  (the  late  king  James  being 
then  in  so  p'^t  power)  did  adriae  her,  lor 
her  own  aateQr,  and  the  aalety  of  thoae  she 
lived  with,  not  thus  to  discourse:  but  the  said 
Dorothy;  in  tears  did  uanally  answer,  that  it 
lay  upon  her  mind,  nk^t  and  day  ;  and  ahe 
conUTnot  be  q[uiet  in  her  thoughts,  that  the 
earl  of  Essex  should  be  ftlaely  charged  with 
eutting  his  own  throat,  when  she  had  heard 
die  papists  resolution  to  cut  it  themselves, 
and  after  own  they  had  done  it.  And  if  ever 
ahe  might,  with  safety  testify  the  truth 
herein,  she  woubl ;  and  did  hope  those  men 
that  did  it,  might  suffer  for  it.' 

JUAoriJiraj^deposeth  to  this  effect:  .'That 
(to  Uie  best  of  this  inlbrmanf  s  remembrance) 
belbre  the  death  of  )mf  Charies  the  second, 
observing  Dorothy  Smith  ta  he  very  pnelan- 
choly,  he  desirad  tn  know  tho  cauae  v  upon 
whidi  ahe  aaid.  That  somewhat  she  knew 
with  rdation  to  the  death  of  the  kte  earl  of 
Essex,  waa  the  cause  of  her  tronble  ;  and  it 
was  not  safe  for  her.  to  ret^  it  to  any.'  Upon 
which,  this  informant  adnsed  her  then  to  be 
silent  itt  the  .matter.  But  about  the  begin- 
oing  of  Febmary ,  after  king  William's  com- 
ing, finding  it  aafe  for  the  said  Dorothy 
Smith  herain  ifi  declare  Imr*  knowledge,  this 
informant  went  to  the  said  Dorothy  Saaith, 
and  told  Iter,  she  might  safely  speak  whatshe 
knew,  as  to  my.  loro'a  death  ;  upon  which, 
4>e  said  Domtby  Smith  told  this  ilifomant,    < 

8  'I 


how  she  had  heard  the  papiata,  aerenl  davs 
before  my  lord's  death,  oedare  how  the  can's 
throat^  waa  to  be  cut,  and  by  whom  ordered, 
(with  several  particidars  in  rebuion  there- 
unto);  upon  which,  this  informant,  disco* 
rerefl  this  to  Mr.  William  Tomay,  who  there- 
upon told  this  informant,  he  woidd  reveal  this  • 
to  Mr.  Braddon,  then  upon  the  proaecution  of 
mv  lord's  murder ;,  andaome  short  time  afto-, 
nr,  Tomay  told  tfais  informant,  that  he  had 
therewith  acouainted  Mr.  Braddon,  and  de- 
aired  this  inrormant,  with  the  said  Dorothy 
Smith,  to  meet  the  said  Mr.  Braddon,  and 
the  said  Mr.  Tomay,  audi  a  time,  at  the 
Crofls-Keys  in  Watling-street,  where  they 
met  acGordin^y :   but  when  Bfr.  Braddon 
had  been  particulariy  informed  herein,  by  the 
said  Dorothy  Smith,  the  said  Mr.  Braddon 
^declared,  that  unless  the  said  Dorothy  could 
make  it  appear,  that  ahe  had  long  before  re- 
vealed this,  he  would  esteem  it  as  a  new- 
maile  story,   and  a  lie.    Upon  which,  die 
said  Dorothy  mentioned  the  naaaes  of  aeveral, 
to  whom  she  declared  she  had  long  amce  re- 
veaM  it ;  but  by  all  was  enjoined  to 


Mr.  William  Tonmey  hath 
what  herein  relatea  to  nim.    And  I  am  ready 
to  depose.  That  I  never  heard  of  this  Dorothy 
Sttitti,  till  Mr.  Tourney  about  Fehmaiy  ld88« 
infomied  me  of  her ;  and  1  never  to  my  re- 
membrance, saw  tho  said  Dorothy  8mi&,  tBI 
the  said  Mr.  Blay,  had  {m  hefooe)  brongfal  her 
to  the  Crass- Keys,  in  Watfing-aUeet,  wheea 
I  font  discoursed  her.    Here  are  five  or  six 
witnesses  prove  the  verjr  subetaaoe  of  this  evi- 
dence,  revealed  when  it. was  little  lose  than 
death  to  discourse  it,  whidi  dearly  proves  it  ia 
not  a  made  alory,  and  strongly  argnes  the 
truth  of  the  relation ;  for  it  can  hardly  be  sap- 
posed  ;  that  this  woman,  ahonld  oftieo,  ondcr 
the  greatest  concern  and  danger  imaginable^ 
declare  anything  of  this  nature,  unfess  the 
relation  was  reaUy  tme;  because  ahe  ooidd 
(rationally)  then  pnmese  no  advantage  by  thia 
story  ;  but  was  still  told,  and  convinced  of  the 
danger.    Wherefore  it  ia  rational  to  snppoae, 
that  only  the  power  of  trnth  moved  her  to  de- 
dare  wnat  ahe  so  often  in  tears  related.    Bm 
aa  a.furtber  avgoment  of  the  truth,  of  thia  de- 
positkm,  I  ahall  briefly  rdate  what  infttna- 
twns  have  been  taken  in  contradietion  a»  Ihaa 
rdation,  and  how  these  infocmatioos  have  been 
detected  aa  folao  in  every  particolar,  which 
corroborates  the  truth  ot  the  accusatioa  :  for 
as  a  true  defence  detects  and  frualrates  a  fUae 
charge;  so  a  folse  defence  (bemg diaeotered 
to  be  auoh)  aa  strongly  strengthens  a  tme  one. 
The  Depositions,  ia  oppeaition  to.SoDitii'a  eei- 
dence,  were^ 


Dorathjf  Hemii  (a  most  vident  panist) 
the  9th  of  April,  1689,  before  Mr.  Justice 
Ddben  depoeed,  « That  in  April  brfore  avy 
<  tord  of  E8seat*8  death,  the  said  Doralfay 
*  Smith  waa  tume^away  firom  Mr.  Hdmes^ 

upon  suspkaon  of  having  ladlen  a  aiiver  apoesi ; 

and  that  feon  April  lfi69|  la    ' 


nti]        STATE  TRIALS,  SfiCRASLBS  11.  i€^4.^f&r  a  Mf^dmettMr.        [iS^ff 

• 

or  traded  with  ;  and  therefore  I  made  inquiry 
after  those,  with  whom  (in  that  mooth  and 
vear)  they  bought  of,  or  sold  to,  all  shop* 
keepers,  taylom,  butchers,  fishmongers,  shoe- 
makers, hatters,  &c.  And*  I  £d  abo  inquira 
after  aU  such  as  they  (as  japanners)  bought 
goods  of,  or  sold  roods  to,  and  such,  as  upon 
inquiry,  I  received  such  characters  of,  as  I 
might  expect  tair  satisfaction  from,  I  did  de- 
sire to  see  their  books  in  that  month'  of  July. 


«  next  after,  one  Elisabeth  Christopher,  then 

*  Elizabeth  Cadmau,  iras  servant  to  the  said 

*  Mr.  Holmes,  and  no  other  maid-servant  in 

*  ^1  that  mean  time.* 

JElitmieik  Ckriiff^hgr^  (of  a  very  loose  eba- 
Wmitm)  who  hn  this  particular  upon  oath,  the 
9fh  day  of  April,  1660,  before  Mr.  Justice 
IMben,  coofirma  Hewit's  testimony  ;  bat  that 
-thnaa  twto  aw  fewworo,  appears  by  many  de- 
tioQS.    For, 

Jtis  prared  by  Rokert  Bond^  that  Dorothy 
Soaith  did  not  go  to  Mr.  Hohnea'a  service,  till 
the  bef^ningof  Jnne,  1683,  and  that  green 
beans  were  m  to  be  eat,  before  she  Idft  that 
•ervice,  in  whieh  she  lived,  just  before  she 
went  to  Uelmes^a  house. 

It  is  further  proved,  by  five  witneaaes,  (SH* 
sabeth  Morris,  Ann  Dnphine,  Catherine  Col* 
dam,  Sarah  Douthwait,  and  Robert  Bond.) 
That  Dorothy  Smith  was  4want  at  this 
Holme's,  in  1683,  when  green-pease  were  very 
twenty  and  ebaap  (whioh  is  natarally  evident  iC 
«Bust  be  in  the  latter  end  of  June,  or  sometime 
in  July,  wbiob  ia  about  two  roontha  after 
Aewk  swore  Dorothy  Smith  was  turned  away ;) 
•nd  it  is  positively  sworn  by  one,  that  Dorothy 
Skoklk  was  servant  in  HoIsms's  hoesoTin  Jnly 
1683,  after  Ahe  death  of  the  late  earl  of  Essex ; 
«nd  this  inlbtmani*  resaembers  the  time,  by  a 
▼ery  remarkable  particular.  So  that  here  are 
five  4Mr  six  depsaitions  in  eoateadielion  to 
Hewit's  and  Christopher's  evidenee,  which  was 
designed  lo  destroy  the  credit  of  Dorothy 
itetth'a  testimony  ;  but  this  opposition  thus 
deieeted«  adds  strength  lo  what  it  was  designed 
to  pv^odioft.  But  it  was  fnrther  sworn  by 
He  wit,  that  the  6th  of  July,  1683,  (which  was 
the  Friday  in  the  week  before  my  ford's  death) 
flbe  went  with  the  said  Mr.  Holmes  into  the 
cemitry,  and  the  first  night  lay  at  Wickham  in 
Biichiogbamshire,  the  next  night  at  Oxford, 
mad  oentiMwd  there  till  the  9th  ;  and  the  Ptb, 
this  tnfonsHuit  went  with  the  said  Mr.  Holmss 
to  Alderminster  in  the  ooont^  of  Woroeeter,  to 
tbo  house  of  one  Mr.  Nathaniel  Swan,  mi- 
oieier  of  the  said  town,  and  eontinned  there 
till  the  gSd  of  the  said  month  of  July,  and 
then  returned,  dec. 

Nathaniel  Swan,  Clerk,  deposed  before  Mr. 
Justice  Dolben,  the  9th  of  April,  1689.    *  That 

*  about  the  9tb  of  July,  1683,   Hewit  and 

*  Holmes  came  to  his  house  in  Alderminster, 

*  and  continued  there  till  about  the  93d.' 

This  last  information  is  of  little  force  (though 
Ae  person  designed  well)  for  he  swears,  *  about' 
such  a  titoe  Holmes  came  to  his  houae,  and 

*  about'  ma(ces  the  time  very  uncertain. 

This  was  designed  to  destroy  that  part  of  Do- 
fodiy  Smith's  testimony,  which  declares  Hohnes 
in  town,  the  day  my  lord  was  murdered. 

Whetk  I  found  Mr.  Holmes  endeavoured  to 
]vroTe  (as  before  sworn  by  Hewit)  himself  out 
«f  town^  from  the  6th  of  July,  1683,  to  the 
S0th  or  97th  of  the  same  month  ;  I  did  en- 
desmmr  to  enquire  out  all  snch,  as  either  Mr. 
Holmes,  or  Mri,  Bewit  were  wdl  kBOwa  to, 

'      VOL.  IX. 


to  see  whether  any  goods  were  bought  in  town 
by  the  said  Mr.  Hohnes,  or  Mrs.  Hewit  Cfor 
provinjg  Hewit  in  town,  ]^rove8  Holmes  like- 
wise m  town,  because  ii  is  sworn  and  can  bo 
proved,  they  both  went  out  of  town  together) 
or  any  money  paid  between  the  6th  and  S^  of 
July,  by  either  of  these.  After  a  very  long 
and  tedious  inquiry  (all  those  tradesmen  being 
altogether  strangers  to  me)  1  providentially  mel 
with  one  Mr.  IVelstoadI,  who  very  readily 
shewed  his  book,  wherein  ia  entered  according 
to  his  information,  which  foUoweth : 

John  Weistead  of  St.  Dunstan's,  in  the  west, 
Londotti  before  the  SecretX]k>mmittee  hath  do* 
posed,  *  That  in  July  1683,  he  fived  in  Fop* 

B'n's-alley,  ni^h  Fleet-Street,  very  near  Mrs. 
orotby  Hewit,  and  often  wrought  for  the  said 
Mrs.  Hewit,  and  between  Monday  the  9th  of 
July  1683,  and  Monday  the  16th  of  the  same 
month  aud  year,  this  informant  made,  or 
caused  to  be  made,  a  dust-gown  for  the  saia 
Mi^.  Hewit,  as  appeaiv  by  this  informant's 
book,  to  their  lordships  produped,  and  the 
very  same  week,  (viz.)  between  Monday  the 
9th  of  July,  1683,  and  Monday  the  16th  eJT 
the  sam^  month  and  year,  (but  in  the  veiy 
day. this  iulbrmant  is  not  certain);  this  inf 
formant  carried  the  said  gown  to  the  s^id  Mrs, 
Hewit,  who  did  then  pretend  she  was  about 
going  into  the  oountrv  ;  but  how  long  after 
the  dust-gown  so  delivered,  the  toiid  Mrs. 
Hewit  did  go  into  the  country,  this  informant 
knoweth  not.' 
This  book  had  not  been  of  any  use  to  llffw 
Weistead  for  almost  5  years,  ana  it  was  a  very 
great  providence  this  Lad  not  been  torn  out, 
seeing  the  book  for  some  years  had  been  usc4 
SB  waste  paper,   and  the  very  next  leaf  to 
this  torn  out,  and  kwt.     As   soon  as  Mrs., 
Hewit  undenstood  ^uch  a  taylor's  entry  was 
a^nst  her  oath,  she,  with  Mr.  Hoimes'a 
wife,  went  to  this  tayk>r  and  desired  to  see  hii 
book ;  whichs  being  sbewied ;  Hewit  first  ^vn* 
tended  this  entry  was  foi^ged,  and  new ;  but 
when  in  answer  to  that,  Mr.  Weistead  do* 
clared  he  could  depose,  **  That  the  entry  wae 
real  j"  it  was  then  pretended  that  this  fpmn 
waa  sent  into  the  country  after  Mrs.  Hewit,  bu| 
when  iu  answer  to  that.  Mr.  Weistead  declared 
he  could  depose,  **  That  ]M[rs.  Hewit  was  in 
town  when  that  duat^gowQ  was  made  and  de- 
livered, and  that  she  then  pretended  she  was 
about  going  into  the  counby,"  Mrs.  Hewil 
told  him,  if  he  did  swear  that,  he  would  takf 
off  her  brother's  life,  and  pok|iet*a  blood  WwM 
bo  upon  hia  head, 
4M 


1267]  STTAlt  TRIALS^  36  CUAKLBS  U.  l6i4^Trial^'BnMmm»d^SpdK.  [196* 
Some  time  after  my  Jord'e  mniider,  this  1  Idaf  and  dake  were  in  Ae  Ttfwcc  whtn  the 


Hdmes  almsidg^  his  wife,  she  told  him,  *  He 

*  Waitf  a  murderous  rogue,  and  he  well  knew 

*  she  could  hang  him  when  she  pleased.'  To 
which    Holtties   answered,    *  That   he   little 

*  thought  she  would  hare  spoken  of  it,  who  of 

*  all  the  world  had  the  least  reason :'  For,  said 
this  scurrilous  fellow,  <  You  bitch,  you  whore, 
<  don't  you  remember  I  bought  von  a  good 
'  satin  gown  and  petticoat,  and  therefore  you 
(  above  all  the  world  ought  not  to  prate.'  But 
she  replied,  *  He  was  a  murderoos  rogue  for 
«  all  that.' 

I  have  been  the  more  large  and  particular  in 
this  eyidence,  as  well  because  it  hath  met  with 
Kuch  villainous  opposition  by  fal^e  oaths,  as  for 
that  it  alone  proves  by  what  party,-  and  by 
whose  order,  tius  unfortunate  lord  was  trea- 
cherously murdered. 

T^e  next  thing  previous  to  my  lord's  mur- 
der, are  the  several  reports  ift  many  placeiEi  in 
England,  Hieibre  my  lord's  death,  or  before  it 
oould  be  xnov^n)  that  the  earl  of  Essi*x  was 
dead. — This  is  proved  by  8  witnesses,  31r. 
Hnbland,  meichaDt,  Mrs.  Uubland,  Mrs.  Meiix, 
Treheme,  Jeremiah'  Btirgis,  Hiomas  Feilder, 
Savage,  Mr.  Butler.    It  is  as  to  this  swom^ 

*  That  at  Frome,  (which  is  abtoot-lOO  miles 
^  *  ftom  London)  it  was  reported  the  very  next 

^  moming  after  my  lord's  commitment  to  the 

*  Tower,  (viz.)  the  lith  of  July,  1683,  that  the 
-f  earl  of  Essex  had:  cut  his  throat  in  the 

*  Tower :'  And  thiis  informant,  the  week  after 
my  lord's  death,  meetm^  the  gentleman  which 
had  before  given  him  this  information,  and  de- 
aling to  know  how  before  my  lord's  death,  he 
^lild  declare  it,  the  other  replied,  That  all 
,men  concluded  my  lord  would  either  cut  his 

throat,  or  turn  evidence  against  his  friend  my 
lord  Russell;  but  it  was  generally  believed 
that  my  lord  would  rather  destroy  himself,  than 
be  made  a  witaees/ 

'  This  report 'so  far  off  the  very  next  moming 
-after  my  lord's  commitment,  proves  the  Tower 
to  be  the  place  (before  my  lord's  commitment) 

S'  itched  upon  as  the  most  proper  lor  this  per- 
diotts  tragedy. 

But  the  very  next  day  (viz.)  the  Wednesday 
after  my  lord's  commitment,  was  it  reported 
ttbout  60  miles  off,  that  the  earl  of  Essex  had  cut 
his  throat  in  the  Tower,  for  tiiis  reason,  (viz.) 
The  king  and  duke  coming  into  the  Tower  to 
Tiew  the  Tower,  the  earl  of  Essex  was  afraid 
the  king  would  have  come  up^  into  his  cham- 
ber, and  seen  him ;  but  his  guilt  and  shame 
■was  such,  that  he  could  not  bear  the 
thoughts  of  it,  and_tl]er4efbre  cut  his  throat  to 
avoid  it. 

Observe  in  this  previous  report,  60  miles 
iiiofti  London,  the  next  day  after  my  lord's 
oomnntment,  the  very  pretended  reason  for  the 
ielf- murder  is  given ;  which  reason  carries  in 
it  f|n  accident  that  could  never  be  before  re- 
ported, or  indeed  expected,  but  by  those  which 
were  the  most  secret  in  this  treacherous  cruel- 
^ ;  for  herein  is  it  said,  the  Wednesday  before 
tae  king  and  duke  went  to  the  Tower,  that  the 


earicut  his  throat,  &c.  It  is  notorions  that  the 
king  and  duke  did  not  go  till  Friday,  mom- 
ing, and  their  then  going  was  a  aurraize  to 
their  very  guards^  for  it  seems  they  nad  not 
been  there  together  above  once  before  that, 
since  the  Restoration.    In  riiOTt,  These  aema! 
reports  proved  by  8  witnesses,  all  agree  ia  te 
manner  how  and  place  where;  and  one  naia 
particularly  sets  rorth  the  pretended    reason 
wherefore.    I  do  therefore  humbly  andpont  to 
every  impartial  reader,  whether  di€9W  very  re- 
ports, do  not  strongly  prore,  that  tl^  manaer, 
place,  and  pretended  reason  to  be  ^ren  out  in 
report,  were  all  amed  upon  before  thia  bar- 
barous complicate  tragedy  was  acted.    Far 
otherwise,  how  could  it  jiossihly  he  so  puti* 
ciHarly  related  so  far  off,  and  so  kog'  he&reit 
waadone? 

But  the  reason  of  this  report,  appous  to 
have  been  occasioned  by  what  foDowa,  (vis.) 

The  tord  Russell  was  ordered  to  he  tried 
upon  Monday  die  9th  of  July,  which  waa  ftar 
days  before  ne  was  tried,  wbA  the  eontritea 
of'  this  treacherous  crnel^  against  my  te4  of 
Essex,  had  resolved,  that  upon  the  day  of  thai 
trial,  and  whilst  my  lord  Ruaadl  waa  trring; 
my  lord  of  Essex's  throat  ^ouldbecixt,  and  thai 
that  report-carried  to  the  eomrt  trying  my  lord 
Russell,  and  to  be  then  and  there  naed  as  ^ 
afterwuids  vras)  as  an  atgnment4>f  Ae  troth  of 
the  then  (pretended)  Plot,  upon  which  nay  laid 
Riissdl  was  tryinr.^*<'Now  some  cyfthe  ninisih 
party,  who  were  let  into  the  knowledge  ortha 
designed  murder  of  my  lord  of  Eaaex,  and  that 
it  was  to  be  done,  wfien  my  knd  Ruoadl  waa 
trying,  and  knowing  my  kvrd  Russell  wai 
ordered  to  be  tried,  the  Monday  next  helere  ha 
was  tried,  and  those  Papists,  who  ftnst  repotted 
my  lord  of  Essex's  death,  not  knowinff  that 
the  lord  RasseH's  trial  waa  pnt  off,  to  the 
Friday  then  fbllowiag,--  Did  dicarefore  report  niy 
lord  of  Essex's  death,  two  days  before  he  waa 
murdered. — And  upon  the  reversal  of  my  lard 
Russell's  attainder,  several  of  his  jnry  weia 
examined  before  the  Lords,  and  soooe  of  those 
very  jary-men,  did  then  andtber&dedaieto 
their  lordships,  ihat  as  the  then  kin^seonnci 
misapplied  ine  (pretended)  sdf-muroer  of  te 
lord  of  Essex,  m  relation  to  that  pietaaded 
Plot,  by  saying  it  was  more  tbim  a  thousand 
witaesses  or  the  truth  of  tliat  treasonable  ^ 
spiracy,  for  which  my  lord  Russell  waa 
trying— that  this  report,  and  the  abore 
apphcation  thereof  had  a  greater  iwfrtfnct 
upon  them,  he  found  ^^ny  lord  Poascfl  gnflty, 
than  all  that  was  sworn  against  hka  Sy  toi 
king's  witnesses. 

I  shall  m  the  second  place  obaerre 
passed  in  the  day  of  my  lord's  murder^ 
proves  his  death  to  be  such. 

Bomeney  and  Russel  before-mentioned,  dU 
before  the  coroner's  jury  upon  oath  deny  tint 
any  men*  were  let  in  to  my  lord  that  momisf 
my  lord  died.    The  like  did  John  Lloyd,  the 

f  See  p.  ^%,  of  tins  voloiae.. 


It6ff]        STATETRIALS,  35  CuARLBS  n.  l6B4.^f&r  a  Misdemetm^r,        [1970 

Aiund  the  sftid  Lloyd  yery  melancholjir ;  whea 
Mr.  Tempest  first  came,  Lloyd  told  him,  that 
he  did  hope,  as  he  was  his  net^bonf^  he  would 
be  his  fnend,  and  trae  to  him ;  to  which  th« 
other  answered,  that  he  would,  if  the  said  Lloyd 
was  iDgennoos  in  his  disoovety ;  whereupon, 
the  said  Lloyd  (after  often  i>ressiiiff  the  said 
Mr.  Tempest  to  be  true'  to  liini)  told  him  thai 
when  he  was  first  seized,  he  md  confess  to  a 
gentleman,  who  was  altogether  a  stranger  to 
nim,  the  lelting  in  some  men  in  to  my  lor^  of 
£8sez  just  before  his  death ;' and  this  confes- 
sion did.  lie  upon  his  conscience,  and  troubled 
him.  night  and  day ;  upon  which  the  said 
Mr.  Tempest  replied.   That  the  hkehehait 
confessed  to  sereral  the  same  day  he  was  taken ; 
and  he  declared  the  same  before  a  jd^tice  of 
peace ;  but  if  it  was  felse  he  ought  to  retract  it, 
and  be  sorry  for  bavmsf  said  it;  whereupon  the 
said  Lloyd  renewing  his  request,  that  the  said 
Mjr.  Tempest  would  be  true  to  him,  said,  it 
was  indeed  very  true,,  but  H  was  what  hs 
should  not  hare  confessed. 
Lloyd  did  then  further  declare,  <  That  upon 


■oldter  thiit  kept  the  outward  door,  depose  at 
taiy  trial,  (pas^e  1303.) 

"Natbamel  Monday,  Who  was  ray  lord's  other 
warder,  and  likewise  Russell,  bclbre  the  lords 
bare  denied  that  any  men  were  that  morning 
let  in  to  my  lord.  But  that  there  were  some 
irnffians  a  little  before  my  lord's  death  ]hi  in  to 
murder  him,  plainly  appears  by  the  proofs 
followids^. 

Mr.  Samuel  Story  deposed  before  tlieir  lord- 
ships, to  the  effect  following,  (riz.)  ^  The  Slst 

*  of  January,  1688,  being  the  day  before  the 
'  oonrention  sat,  John  Lloyd  centinel  upon  the 

*  earl  of  Essex  (at  the  time  of  his  death)  was 

*  taken  up  as  suspected  privy  to  the  said  earl's 

*  murder ;  and  being<  therefore  in  custody  the 

*  said  Lloyd,  with  tears  in  his  eyes,  wrung  this 
'  *  informant  by  the  hand,  and  declared,  That  by 

*  special  order  of  major  Hawley,  or  one  of  my 

*  lord's  warders,  he  did  let  in  two  or  three  men 

*  into  the  eari's  lodgmgs  just  before  his  death ; 
^  and  he  was  rerv  sore,  and  could  safely  swear 

*  that  major  Webster  (then  there  in  custody, 

*  suspected  as  one  of  the  ruffians  that  murdered 


chamber,  and  somewhat  thrown  down  like 


'  the  lettmg  in  those  men,  theve  was  so  great  a 
'in  my  lord's  chamber,  that  tt^  said 


*  my  lord)  wa^  one ;  and  that  as  soon  as  he  so    '  the  letti 

*  let  them  in,  he  heard  a  noise  in  my  lord's  I  *  bustle  i  

•  r>ksmli*r     anA   sAvnowkftt:  thrnvrn    rinwn  lilcA  '  *  Lloyd  Wpulo  hSYe  forOSd   lU    after  theOI, '  but 

'  the  warder  had  made  fast  Uie  outward  door, 

*  so  that  he  could  not ;  and  that  upon  the  bustle 

*  he  did  hear  somevrhat  thrown  oown  like  the 

*  fall  of  a  man,  which  he  did  suppose  wad  my 
'  lord's  body ;  and  soon  affer,  it  was  cried  out, 

*  that  my  lord  of  Essex  had  cut  his  threat.' 
This  is  the  substance  of  what  Mr.  Tempest  hath 
deposed  before  the  Lords. 
.  'By  this  it  appears  more  than  probaMeit  not 
only  that  my  lord  was  murdered,  but  that  there 
was  some  Tillaioous  oath  of  secfreey  entered 
Uito  by  those  concerned  therein,  not  to  disoorer 
what  they  knew  with  relation  thereunto;  for 


*  the  fell  of  a  man ;  soon  after  which  it  was 

*  said,  the  earl  of  Essex  had  cut  his  throat.' 

This  Lloyd,- (the  same  day)  before  the  justice, 
did  confess  the  letting  in  some  men  a  little  be- 
fore the  earl's  death,  as  appears  by  his  exami- 
nation following. 

. 

The  Examination  of  JOHN  LLOYD,  of  Good- 

'       man's  Yard,  in  Aldgate  Parish  without,  in 

London,  Clothworker,  taken  before  John 

|tolnns,  esq.  one  of  the  justices  of  the 

peace  for  the  county  of  Middlesex,  the 

32nd  day  of  January,  1689< 

*  This  Examinant  saith,  on  the  day  wl^erein 

*  the  right  honourable  the  late  earl  of  Essex, 

*  Wastbund  dead,  upon  the  suspicion  of  having 

*  been  murdered  in  bis  knlgitigs  in  the  Tower 

*  of  London ;    he  then  being  a  soldier,  was 

*  standing  centinel  at  the  door  of  the  said  earl's 

*  lod^ngs,  -and  had  order  to  let  nobody  up-  - 

*  stairs  to  the  said  lodgings,  without  leave  from 
^  miyor  Hawley,  or  the  warder  then  in  wait- 
'  ing  on  the  said  earl ;  and  that  about  half  an 

*  hour  after  eight  of  the  clock  in  the  morning 

*  of  the  said  day,  two  men  (to  this  Examinant 
^  tmknbwn)  knocked  at  the  hatch-door,  be- 
<*  longinff  to  the  said  lodgings,  and  by  permis- 

*  noti  ofthe  said  warder,  entered  the  said  lodg-. 

*  ings ;  but  when  they  came  out,  he  can  gire 

*  no  account ;  and  that  about  nfne  o'cb>ck  he 
*'ii«ard  a  struggling  on  the  said  morning,  and 
'  a  little  time  after  heard  a  crying.  My  lord  is 
•dMd.' 

*  After  Lloyd  had  lain  some  time  dose  pri- 
toaer  in  Newgate,  he  did  desire  to  see  one  Mr. 
Tempest  a  nduiibonr  of  his,  who  haring  per- 
mlmon  ofthe  Secret  Committee  to  disoomrse 
UoydyilMveiipoD  ivent  t»  Neirgate^  where  ht 


what  other  as  likely  reason  can  be  ssstgnedfor 
Lloyd's  beio fir  troubled  in  conscience  (as  ho 
pretended)  for  having  confessed,  what  at  the 
same  tira^,  under  repeated  injunctions  of  se- 
crecy, he  confirmed  to  be  true,  though  he  said 
he  should  not  hate  confessed  it. 

But  to  put  this  matter  beyond  altdoubt,  that 
some  mm  were  bustling  with  his  loitlshipjust 
befoipe  his  pretended  self-moriler  discovered, 
evidently  appears  by  this  information  following. 

Mariha  Baicomb-  declared,  and  before  the 
hmis  in  substance  hath  deposed,  *  That  a  little 

*  before  the  death  of  the  late  eari  of  Essex 

<  was  discovered,  this  informant  was  walUnff 

*  up  before  the  eari's  chamber-window,  and 

<  hearing  a  very  great  trampling  and  bustle  in 

*  my  lord's  chamber,  this  informant  stood  still, 

*  and  looking  to  the  windo<r  of  the  said  charn* 

*  ber,  saw  three  or  four  heads  move  dose  to^jpe- 
» ther,  and  heard  one  in  the  chamber  (which 

<  seemed  to  be  in  this  bustle)  cry  out  veiy  loud, 

<  and  very  doletiilly,  Mnrder,  muxder,  mnrder. 

<  This  informant  not  then  knowing  it  to  be  mj 

*  lord's  lodging,  nor  thinking  any  other  of  thia 
'  cry,  than  what  might  be  occasioned  by  soma 
^aocideaUd  quarrel,  waflced  up  tewards  th« 

*  ch^el,  but  not  out  «f  sight  «f  the  Mgings, 


Itji]  STATE  TRIALS^  $6 Chaelbi  II. 

*  and  about  a  quarter  of  an  boor  afterifor  lets) 
^  it  was  fint  died  out  in  the  houi^e^  That  the 
^  earl  of  Eases  had  cut  his  throat,  andbein|f 

*  shewed  tb?  chamber  where  the  earl  lay,  she 
'  ibund  that  was  the  chamber,  where  she  snw 

*  the  men,  and  heard  the  bustle,  and  murder 

*  ciied  out,  as  before  rdated.'  This  Informant 
further  saitfa,  <  That  some  few  days  alter  this, 

*  tailing  litr.  Perkins  and  his  wife  (whom  ahe 

*  then  kept  in  her  lyinp^-in)  of  what  she  had 

*  seen  and  heard,  as  before  declared ;  the  said 

*  Mr.  Peikins  advised  her  not  to  speak  of  it, 
f  for  her  divuljg^ing  it,  in  all  probability  would 
^  prove  her  rum.'  ' 

Mr.  Perkins  hath  upon  oath  confirmed  the 
latter  part  of  Martha  Baaoomb's  information, 
which  clearly  proTOS  this  uot  a  newly-inrented 
•tory^ 

I  thbk  ibis  proof  is  little  less  than  cedar 
evidence  of  the  murder  $  for  my  lord  was  a 
close  prisoner,  to  whom  (as  was  oretended,  and 
sworn,  by  such  as  kep^  the  chamoer-door)  none 
was  admitted  that  morning  \  but  that  my  tord 
eut  his  throat  in  all  silence ;  whereas  it  is  here 
deposed,  that  several  were  bustling  together  in 
n^y  lord^  chamber  before  his  deaSi ;  (and  this 
part  ^cr^  with  the  confession  of  the  centinel, 
who  \et  in  the  ruffians)  and  one  in  this  bustle 
(which  can  be  presumed  to  be  no  other  than 
my  lord^  cried  out  several  times  very  loud,  and 
▼ery  doleftilW,  Munler,  murder,  murder. 

And  as  a  rarther  confirmation  of  these  men's 
being  (and  by  whom)  sent  to  murder  my  lord, 
J&liiohHk  Giadmn  «ad  Sarah  Hughei  ^leclare, 
and  before  the  Lords  in  substance  have  deposed 

*  That  the  day  of  the  death  of  the  late  earl  of 
«  £ss^,  (viz.)  the  Idth  of  July,  1683,  about 

*  elovea  ot  the  clock  the  same  day,  one  Ruddle 

*  in  the  hearing  of  these  informants,  did  declare, 
■•*  That  he  was  in  the  Tower  that  morning, 

*  where  it  was  imported  that  the  earl  of  Essex 

*  had  cut  his  tlu^,  but  he  was  sure  he  was 

*  murdered,  and  tlmt  by  the  order  of  bis  royal 

*  highness ;  for  the  said  Ruddle  then  declared* 

*  That  he  did  observe  liis  majesty  and  royal 

*  highness  part  a  little  from  thdse  that  attended 
'  .them,  and  discoursed  (to  the  best  of  these  in- 

*  ibrmants  remembrance) ;  the   said  Ruddle 

*  declared  it  was  in  French,  conc^mioff  the 
'  prisoners  then  in  the  Tower,  and  his  highness 

*  declared,  That  of  all  the  prisoners  then  there, 

*  the  earl  of  Essex  ought  to  be  taken  ofi*;  but 
t  his  miyesty  said  he  was  resolved  to  spare  him 

*  for  whatlus  father  bad  suffered;  upon  which 

*  bis  highness  seemed  very  dissatisfied ;  and  a 
'  little  Sefore  the  death  of  the  said  earl,  his 

*  highness  parted  a  little  way  from  his  majes- 

*  ty,  and  then  two. men  were  sent  into  the  earl's 
<  iodeings  to  murder  him.'  So  far  betbre  their 
lordships. 

Note^  This  Ruddle  then  declared  that  he 
nad  lived  many  years  in  France,  and  very  well 
understood  French,  and  could  speak  French 
tary  well. 

The  said  Ruddle  declared  this  with  great 
eamestnesa  and  passion,  and  protested  he 
ll^ughi  no  mansaiiewlio  waa  aguast  the  po- 


pish intevek,  if  once  th^  began  tinisbsidM 
to  cut  throata.  And  he  prolatedfaii  blood  <A 
so  boil  against  his  royal  highasss,  tbst  if  be 
oookl  have  goln  party  that  would  hareiM 
by  him,  he  would  nave  shot  his  higfaaess  dead 
upon  the  spot,  for  so  bareiaced  a  BMndrr  W 
scarce  ever  been  cpmmilted  under  a  dvil  go- 
vernment.  ^ 

John  Bampton  and  hia  wife  boA  dech^, 
and  in  substance  before  the  Lotda  have  dtpM- 
fd,  '  That  about  one  of  the  dock,  the  mj 
deiy  the  late  earl  of  Essex  ihed  in  tbeTover, 
one  Robert  Meake  that  morning  (a  9oIdi9  in 
die  Tower)  came  to  these  inferaMiits'  booie, 
and  these  informants  desired  the  fsid  Moke 
to  give  them  the  beat  account  he  could  bov 
the  earl  of  Essex  cut  his  own  tbrost?  Is 
which  the  said  Meake  (with  some  esnieiUMa 
and  passion)  answered,  That  the  ssid  ean  £i 
not  cut  hk  own  throat,  but  was  baibaroodj 
murdered  by  two  men,  sent  for  thatparpowkj 
his  royal  highness  to  the  earl's  lodgng  joit 
before  his  death.' 
What  Robert  Meake  did  further  dedsic, 
and  what  was  since  his  fate,  you  wiU  hevis 
its  proper  order. 

Ido expect  it  will  be  olgected,  Thsttbeie 
fem'  are  but  hearsay  evidence;  Ts  wfaickl 
shall  answer  almoat  m  the  very  words  of  lao* 
ther  discourse  on  this  subieet,  (Via^)  "  Secuf 
there  is  reason  to  believe  that  the  stifling  the 
first  murder  occasioned  the  addition  of  thoe 
two  soldiers  blood,  (as  you  wiU  hereafter  bsrt 
some  grounds  to  suppose)  I  think  sucb  mfiir- 
matious  ought  not  to  be  alighted ;  for  after  thst 
rate,  it  ia  but  taking  off  such  as  knew  sny 
thing  with  relation  to  murder,  and  you  tre 
very  secure  from  any  discoveiy ,  though  aercr 
so  many  upon  oalh  give  an  account  of  wbst 
those  men  (whose  mouths  have  been  bj  nar- 
der  stopped  firom  giving  their  own  relalioB) 
have  declared  in  the  matter.**  These  two  id- 
diers  related  the  same  as  to  the  sendiag  the 
men  into  my  lord's  lodgings  in  two  booses,  a 
for  distant  as  Duke's  pisce  and  Baldwin's  fU' 
dens ;  and  I  am  verily  persuaded,  that  aeidMr 
Huffbes  nor  Gbuiwin,  ever  before  that  te 
spoke  to  Bampton  and  bis  wife  in  their  Hm^ 
for  neither  two  remember,  to  have  seea  er 
heard  of  the  other  informants  before  my  lenh 
death.  And  wbocoukl  imagine  that  two  lol- 
diers  should  declare,  with  such  ooneera  as4 
earnestness,  that  which  was  so  very  daoffixwf 
to  be  spoken,  if  their  love  to  truth,  aad  aslie^ 
of  sucli  a  treacherous  and  bloody  manhr 
had  not  even  forced  it  from  then,  to  tW 
hazard  of  almost  their  lives  by  auch  their  ie> 
bition? 

It  is  true,  no  man  ought  to  suJer  bsrel;  npos 
hearsay  evidence,  but  such  testimony  M 
been  used  to  corroborate  what  dse  nay  i» 
sworn,  and  of  itself  may  (in  some  csisid  ^ 
oiough  to  give  aatisfection  m  the  geam  ^ 
the  truth  (S*  a  matter,  andnofertberisitboi 
used :  And  1  would  have  all  men  consider^ 
many  such  tesUmonies  heretofore  prtHhm 
amongBt  which  1  ahaU  oi^y  meotioii  one  wM^ 


k. 


STATE  TRIAI5^  dS  fiOMckLM  Ik  1684^-^  a  MMmetmor.        [1974 


mil 

limd  an  immedkle  rdation  to  myself.  Mr. 
Blatthwaite,  clerk  of  the  council  in  1033,  at 
my  Trial,  pi^  1161,  h&ng  sworn  on  the  behW 
«f  the  kuM^,  against  Mr.  Speake  and  myself, 
in  his  relation  of  what  yonns^  Edwards's  sister 
should  dedare  to  the  council  boan),  viz.  That 
Braddon  compelled  the  boy  to  sigpn  it,  (the 
jMper  the  young'  Edwards  signed).  This  you 
find  to  be  hearsay  evidence,  and  the  aothor, 
the  sister,  then  in  court,  but  testified  no  such 
thing ;  therefore  this  hearsay  evidence  ought, 
tf  any  ought,  to  have  been  rejected:  And  yet 
this  nearsay  evidence,  thouffh  not  confirmed 
-by  tlie  author  then  upon  oath,  was  not  only 
admitted,  but  ordered 4o  be  printed  in  the  Trial 
in  large  capital  letters.  How  much  sooner 
ought  the  evidence  of  Bampton  and  his  wife, 
as  to  what  Meake  declared;  and  of  Hughes 
and  Gladwin,  as  to  Ruddle's  account,  be  par- 
ticularly remarketl,  seeinj^  Meake  and  Ruddle 
we  cannot  now  produce  m  court,  (as  that  au- 
thor was,)  they,  e^pedally  tde  nrst,  being 
suppoeed  to  be  murdered  by  way  of  preven- 
tion, by,that  bloody  party  that  murdered  my 
liNrd. 

But  the  next  witness  Ah*  this  murder,  and 
by  whom  ordered,  shall  be  from  no  hearsay 
^iden4)e,  but  from  aperson  of  good  estate,  and 
reputation ;  for  Mr.  Veter  Easington  declaretb, 
(and  before  the  Lords  in  substance  hath  depos- 
ed),   *  That  he  this  informant   was   in   the 
Tower  that  morning  the  late  earl  of  Essex 
died ;  and  about  a  quarter  of  i^n  hour  before 
the  said  eari's  death  was  discovered,    this 
informant  observed  his  highness  to  part  a 
little  way  from  his  majesty,  and  then  beckon- 
ed to  two  gentlemen  to  come  to  him,  who 
came  aocordinely;  and  this  informant  did 
observe  his  highness  to  send  them  towards 
the  earl's  lodgmgs;  and  less  than  a  quarter 
of  an  hour  after,  this  informant  did  ooserve 
these  very  two  men  to  return  to  his  highness, 
and  astfieycame  they  smiled,  and  (to  the 
best  of  this  informant's  hearing  and  remem- 
brance) said,  The  business  is  done;   upon 
which,  his  highness  seemed  very  well  pleas- 
ed, and  imm^iately  thereupon  his  highness 
went  to  his  majesty ;  soon  after  which,  news 
ivas  brought  to  the  king,  That  the  earl  of 
Cssex  had  cut  his  throat.' 
The  centinel  Lloyd  declared,  He  could  not  be 
positive  whether  ma^  Hawley  or  the  warder 
let  the  men  into  the  outward  door :  But  major 
Bawley  pretends,  be  ooukl  not ;  for  he  (f»  he 
aaitfa)  went  out  of  his  house  at  ^ve  o'clock  in 
the  morning^,  and  did  not  ffo  nigh  his  own 
iiouse  till  news  of  my  lord's  death  was  brought 
iiim  by  Monday  the  warder ;  and  therefore  he 
coold  not  open  the  door  to  any  that  went  in 
just  befere  my  lord's  death.     This  reason  of 
imiior  Hawley  is  equally  true  with  what  else 
he  saith  in  his  defence,  as  appears  by  this  in- 
JcHUiatioD. 

*  Richard  NUholtanj  in  the  ward  of  Queen- 
<  hitfae,  com  factor,  dq^oseth.  That  the  day 
'  of  the  earl  of  Essex's  death,  this  deponent 
'  i|pa«a  warder  m  the  Tower^  and  stood  warder 


at  the  Inner-Tower  ffate  that  morahiff  the  car) 
died,  (before  the  eart's  death)  and  by  major 
Hawley  (then  gentleman  porter  of  the  Tower^ 
ordereo  to  let  no  man  into  the  Tower  or  out  of 
the  Tower.  This  deponent  further  deposetby 
Thatabouteight  of  the  dock,  or  a  little  beftte^ 
whilst  this  deponent  ifas  warder  at  the  girte, 
as  aforesaid,  he  did  observe  the  said  maior 
Hawley  five  or  six  times  turn  up  towards  his 
own  house,  through  the  gate  (over  against 
the  traitor's-gmte)- leading  towards  bis  own 
house;  and  .about  eight  (»  the  dodt  the  same 
morning,  this  deponent  was  desired  bjr  a 
stranger  to  let  him  into  the  Tower,  for  wbich 
the  said  stranger  gaye  this  deponent  a  shil* 
ling:  This  d^ionent  let  him  through  the 
gate^:  the  said  roiyor  Hawley  theveupon  came 
to  this  deponent  in  great  fmy,  and  cheoke4 
this  deponent  for  lewng  in  the  said  stnnger 
into  the  Tow«r.  This  deponent  ^rtber  oe- 
poseth.  That  nuyor  Hawley  ordered  this  de* 
ponent  (wi^h  several  others)  to  go  warder 
with  the  lord  Russell  to  the  pid  Baiknr ;  a»d 
as  this  deponent  was  going  with  tne  lord 
Russell  to  the  Old  Bailey,  viz.  about  eight  of 
the  clock,  he  passed  before  migor  Hawley's 
hon^e,  and  did  observe  m^or  Hawley  dica  to 
go  into  his  awn  house.  R.  Nicholsok. 
•Jurat'  9**  die  Augf. 
*  1689,  eoram  me, 

<  Tho.  Pilkington,  Mayor.*  ' 

That  miyor  Hawley  was  in  the  boose  when 
my  lord  was  ^murdered,  seems  fordier  probaMe 
from  the  relation  of  Mary  Johnson,  tbep  aa 
woric  in  miyor  Qawley's  house  at  the  Itnie 
of  my  lord's  death,  and  what  acoouat  she 
bath  hereof  given  appears  by  these  two  info»« 
mations. 

The  Information  of  PHILIP  JOHNSON  of 

White'a'AlleyinGoleman->8trset,in  Lon* 

don,  Freenoiason,  taken  the  93d  day  of 

January,  1688-9,  before  John  Robins,  esq* 

a  justice  of  the  peaoe  for  the  counq^  of 

Middlesex. 

*^i8  informant  maketh  oath  and  saith. 
That  Mary  Johnson,  his  vrife,  (since  decea|i* 
ed)  being  a  labouring  woman  to  miyor  Haw- 
ley, in  whose  house  the  late  earl  of  Essex  was 
found  dead.  That  the  momine  on  which  he 
died,  as  she  was  at  work,  she  heard  a  noise ; 
and  designing  to  go  up  stairs,  she  met  miyor 
Hawley  oommg  £>wn,  who  told  her  my  lor4 
was  deftd ;  upon  whidi  she  went  up  staits, 
and  found  the  said  eari  dead  in  his  doaet,  u 
she  gave  her  husband,  this  informant,  an  ac« 
oount ;  and  by  order  of  the  said  miyor  Haw- 
I^,she  helped  and  assisted  aman  (tothe  best 
of  bis  memory  his  name  is  miyofWebster)  to 
strip  the  said  earl  fit>m  his  deaths ;  and  at  the 
further  command  of  the  said  m%jor  Elawley; 
she  washed  the  said  earl's  body,  and  also 
washed  the  said  chamber  abd  doset  bdonginff 
to  the  said  earl,  for  which  the  said  m^or 
Hawley  gave  her  tOi.  and  duU  the  necl;  of 


iVrd]  STATE TRIAl^,  36 Charles  11.  i6S4^.^TruaofBradimt4miSpdst,[\^ 


**  the  cravat  that  she  took  off  the  said  earPs 
*  neck,  was  cut  in  three  pieces. 

«  The  X  Mark  of  Philip  Jobnson.' 


The  Information  of  MIRTAAI  TOV£Y  of 
lied-UoQ-street,  id  White-Chapel -Pa- 
rirfi,  ii»  Middlesex,  widow,  taken  the  day 
aforesaid  before  John  Robins  aforesaid. 

*This  informant  maketh  oath,  and  saith, 
That  she  several  times  heard  Mary  Johnson 
ahovesaid  declare  the  sabstanoe  of  the  pre- 
ceding; information ;  and  further  sweaieth, 
The  said  Mary  Johnson  told  her,  That  major 
Webster  was  the  person  who  helped  her  to 
strip  the  said  earl  of  his  cloaths ;  which  she 
was  very  uotwilling  to  do,  saying,  she  should 
brinff  herself  into  trouble  and  hazard  of  h^ 
life,  by  intermeddling-  with  the  body  before  the 
coroner  had  sat  upon  it ;  and  that  major  Haw- 
ley  told  her,  she  must  do  it,  and  should  come 
to  no  trouble  by  it. 

'  MlAUM  TOVEY.' 

I 

Orie  Mr.  Bunch  (wlio  formerly  was  a  warder 
ill  the  Tower)  discoursing  with  a  maid  serrant 
|(who  lived  in  the  Tower,  at  the  time  of  my 
lord's  death)  she  said  that  major  Hawley  was 
the  best  friend  she  had  in  the  world,  upon  ac-. 
count  of  somewhat  she  knew  rektiog.  to  my 
lord  of  Essex's  death. 

I  have  good  grounds  to  beUeve,  that  not  ti 
few  in  theTower,  that  morning  my  lord  was 
.murdered,  oould  discover  several  tilings  very 
lOatenal  in  order  to  a  further  detection  ;  and 
particularly  as  to  the  coming  out  of  the  ruffians, 
after  they  had  perpetrated  this  not  to  be  parallel - 
^  treacherous  cruelty ;  for  I  have  been  inform- 
ed by  some,  who  that  very  mornipg,  my  lord 
was  murdered,  were  in  Leadenhall-market,  that 
^ere  came  a  servant  maid  (whq  then  lived,  as 
she  said,  in  the  Tower)  to  that  miirkettiie  very 
<ame  morning,  and  wringing  her  hands,  she 
wept,'  and  cri^  out,  the  earl  of  Essex  was 
murdered ;  upon  which,  the  people  gathering 
about  her,  advised  her  to  silence,  telling  her 
she  would  bring  herself  into  trouble  by  such 
expressions  ;  the  maid  tliereupon  declared,  she 
was  sure  it  was  true,  for  ishe  saw  the  men  that 
fpurdered  him,  just  as  they  came  from  his 
lodgings. 

1  have  used  all  diligence  possible  to  find  this 
<naid  out ;  hut  neither  of  those  I  have  met  with 
could  tell  me  her  name  of  the  person  in  the 
Tower  with  whom  she  lived.  Not  long  after 
my  lord's  death,  I  was  likewise  informed  of  the 
name  of  one,  who  declared  he  saw  tlie  ruffians 
jii^  as  they  came  out  of  my  lord's  lodgings, 
and  did  observe  some  blood  upon  the  cloaths  of 
one  of  them ;  but  having  been  obliged  in  a  hur- 
Xj  often  to  convey  away  my  papers,  this  name 
I  have  lost. 

If  all  persons,  who  would  discover  any  thing 
to  prova  my  lord'i  murder,  had  been  so  just,  as 
to  nave  appei^red  before  their  lordships,  and 
upon  oath  declared  their  knowledge  relating  to 
ibck  diMoveiy,  I  have  'good  c$xm  to  think 


many  more  would  have  been  eiainined  topitve 
this  murder.  But  whosoever  there  is  tfast  caa 
discover  any  thing  material  n^  rpbtku  to 
this  murder,  and  in  silence  stifles  it,  by  mch 
his  silence  he  consents  to  the  murder  of  m 
lord :  and  though  our  law  may  not  reach  1m 
oj^enoe,  yet  he  who  kpows  it,  will  one  day  lay 
il  to  his  charge;  for  if  God  rieqaires  that  m 
ffovemmeots  should  make  diligent  inqsistioB 
for  blood,  in  defect  whereof  he  will  remire  tU 
blood  of  the  slain  at  the  hands  of  sach  0001. 
trates  on  whom  this  neglect  is 'chai]geaMe; 
then  on  those  persons  more  especially  wiB  the 
jfreatest  p^uilt  lie^  who  refuse  or  negwcttogin 
information  to  those  ordained  for  such  inqoisi- 
tion. 

Bomeny  (my  lord's  servant,  by  permisBOD  of 
the  privv  council  attending  his  lordsbio  at  the 
time  of  his  death)  and  Russel  (the  warder  vho 
swore  he  stood  at  my  lord's  chambtr-door, 
when  my  lord  died)  have  both  before  the  coro- 
ner sworn,  that  a  razor  was  delivered  to  my 
lord  to  pare  his  nails^  And  that  the  very  same 
razor,  was  found  by  my  lord's  body,  when  hii 
lordship  was  first  found  dead  and'lodced  bila 
the  closet. 

But,  there  is  good  reason  to  believe,  tliat  ae 
such  razor  was  ever  delivered  to^his  lordship. 
And  that  his  lordship,  when  fbrst  found  dead, 
was  not  locked  into  the  closet. 

Those  who  conspired  the'  cuttmg  mv  lord'i 
throat ;  and  to  charge  his  lordship  widi  beinf 
his  own  murderer,  did  think  it  necessary,  that 
some  instrument,  which  my  lord  might  bate 
an  occasion  to  use,  should  \ye  laid  by  my  M'l 
body,  when  murdered,  as  the  preluded  insini- 
ment  of  his  death.  And  by  Boroeoy'a  seodiB«; 
to  my  lord's  steward,  for  a  penknife,  it  ia  pro- 
bable that  penknife,  had  it  been  brou^t,  before 
my  lord's  murder,  would  ha^e  been  laid  by  the 
dead  body,  as  the  pretended  instrument,  of  die 
suggested  self-murder.  But  my  lordbeifig 
muraered,  before  the  footman  brougfat  the 
penknife,  therefore  the  razor  was  to  be  laid  by 
uie  body,  as  the  f falsely  suggested)  instniiiic&t 
of  ray  lord 's  death.  But  had  the  larepe  carrio^ 
knife,  wherewith  you  will  hereafter  nod  caose 
to  believe  they  cut  my  lord's  throat,  been  foood 
by  my  lord's  oody ,  wlien,  these  not  privy  to  the 
murder,  were  first  to  see  my  lord's  dead  body, 
then  that  very  knife  alone,  would  have  prora 
that  his  lordship  was  murdered.  For  it  wodd 
have  been  natural  for  the  coroner  and  his  jury, 
and  all  others,  to  have  conduded,  that  my  bird 
could  have  no  occasion  for  such  a  knife.  And 
from  thence  would  have  bdieved  that  Ham 
who  brought  that  knife,  did  therewith  cothii 
lordship's  throat.  ~ 

That  this  story,  of  the  delivering  the  tvuk 
to  my  lord,  a  little  before  his  death,  is  the  ibr- 
gery  of  those  who  were  privy  to  my  lord'snW' 
der,  appears  very  plain,  from  theliotorioiiaooa- 
tradictions  as  to  the  time  of  delivering  duf 
razor  to  my  lord,,  in  the  relatioiis  of  my  M?t 
servant  and  warders,  vrho  do  all  pretend,  that 
they  SKW  my  lord  have  this  razor  in  bis  basdi 
thatmomiDgwheraa  his  kwdihip  dM  9^ 


It77]        STATE  TRIMiS, 56  Charlw  IL  j6'84.'->r  «  Mt«fc««mir.        Cl«7» 


,  Bkmeny  (mjr  lord's  aerrant)  in  Ihe  printed 
Inforamtion,  wbich  appears  to  have  been  writ 
by  Bopeny  in«a  room,  next  to  tbe  coroner  and 
jury,  where  sereral  persons  were  ready  to  in- 
struct him,  swears  he  delivered  this  razor  to 
my  lord  on  Thursday,  which  was  the  day  be- 
fore my  lord's  death.  Whereas,  he  had  but  a 
little  before  that  sworn  beibre  the  coroner,  that 
he  ddiv^red  this  razor  to  my  lord  the  very 
morning  my  lord  died. 

These  contradictions  appear,  by  comparing 
Boroeny's  infbrmatioD,  which  was  printed  by 
anthority,  and  that  information  which  the  co- 
roner took;  in  his  own  hand,  upon  his  first  ex- 
nmination  upon  oath,and  this  last  information  the 
coroner  upon  oath  delivered  to  the  secret  com- 
mittee. And  b«>th  these  informations,  ar^  herein 
before  printed.  * 

But  Monday  the  warder,  who  first  stood  at 
Tny  lord's  chainber-door  for  two  hours,  before 
Itussel  (that  morning  my  lord  died)  came  to 
relieve  him,  declare  to  several  persons,  the 
day  of  mv  lord's  death,  that  as  soon  as  major 
Hawley  uad  opened  my  lord's  chamber-door, 
the  morning  ne  died,  he  stood  warder  there, 
and  it  was  about  seven  of  the  clock,  and  that 
he  then  saw  my  lord  have  this  razor  in  his  hand, 
^  two  hours  beH)re  Russel  came  up  to  stand  at 
my  lord's  chamber-door;  this  is  sworn  before 
the  Secret  Committee  by  two  persons. 

But  Russel  in  his  information  before  the  co- 
roner hath  sworn,  that  this  razor  was  delivered 
by  BoiAeny,  a  little  before  my  lord's  death,  and 
whilst  he  stood  warder  at  my  lord's  chamber- 
door.  These  before  observed  contradictions 
between  Bpmeny,  Monday,  and  Russel,  as  to 
die  time  of  delivering  this  razor  to  my  lord, 
plainly  appear  by  comparing  their  respective 
accounts  of  ddiverinf  this  razor  to  my  lord. 

Now  can  any  man  believe,  that  Bomeny  de- 
livered tills  razor  to  my  lord  the  day  before  his 
death,  according  to  the  information  which  Bo- 
meny himself  writ,  and  swore  to,  before  tlie 
coroner.  And  at  the  same  time  give  credit  to 
what  Bomeny  had  just,  before  sworn  before  the 
ooroner  (viz.)  that  this  razor  he  delivovd  to 
my  lord  the  very  morning  he  died. 

And  can  any  man  give  credit  to  Monday's  ac- 
count of  this  matter,  which  affirms  |hat  my 
lord  had  this  razor  in  his  band,  at  seven  of  the 
dock,  the  morning  of  his  death.  And  yet  give 
credit  to  Russel,  who  swears  the  razor  was 
delivered  to  my  lord  by  Bomeny  a  very  little 
tune  before  my  lord's  <jeath. 
^  'Aiese  three  attendants  upon  my  lord,  at  the 
time  of  his  death,  are  of  equal  credit,  but  yon 
faant  believe  either  of  th^  three,  as,  to  the 
time  of  delivering  this  razor  to  my  lord,  with- 
out giving  the  lie  to  the  two  other  informants, 
es  to  that  matter,  wherefore  from  those  contra^ 
.  dictions  as'  to  the  time  of  detivering  this  razor 
to  my  lord,  between  these  three  attendants  on 
my  lord,  at  his  death,  there  is  just  grounds  io 
believe,  that  there  was  no  razor  at  all  delivered 
to  m  V  lord,  whilst  a  prisoner  in  the  Tower. 

Olfdct.    If  any  gentleman  shall  say,  that  all 
Ihose^  three  atlcawumtt  apoan^  k>ra,  «ttbe 


timeof  his  death,  agree  in  this,  viz.  that  there 
was  a  razor  deliver^  to  my  lord  when  prisoner 
in  t^e  Tower,  and  that  thedr  contradictions  are 
only  in  the  point  of  time,  when  this  razor  was 
delivered  to  his  lordship. 

Anttif.    It  is  true,  th^  are  circumstantial  ^ 
contradictions,  in  the  time  of  delivering  this, 
razor  to  my  lord  of  Essex.    And  the  contradic- 
tion of  the  twa  elders,  in  their  charge  of  adul- 
tery against  Susanna,  was  only  in  point  of  the 
place,  where  they  took  Susanna  in  adultery. 
For  the  first  of  those  elders  swore  that  they 
took  Susanna  in  adultery,  under  a  mastick- 
tree:  but  the  second  swore,  it  was  ^der  a 
holm-tree ;  but  both  these  conspiring  accosers 
agreed  in  the  main,  viz.  that  tbejr  took  her  in 
adultery.   Yet  nevertheless,  by  their  contradic- 
tions, as  to  the  tree,  under  which  they  pre- 
tended to  have  taken  her  in  adukei^,  Daniel  oon- 
vinced  the  whole  court,  which  bemre  had  rashly 
condemned  Susanna,  Uiat  those  two  conspiring 
acctisers,  had  fidsely  sworn  a^nst  Susanna  i 
and   therefore  those  t\io  penured   witnessea 
justly  suflered  that  death,  which  they  had  con* 
spired  to  have  had  inflicted  upon  her,,  whom 
they  had  falsely  accused.    And  I  never  yet 
heard  any  person  deny  Daniel's  wisdom  and 
justice  in  this  detection,  or  was  tliat  court  ever 
thought  unjust,  irhich  upon  that  detection,  did 
pufiisii  with  death  those  two  conspiring,  but 
perjured  elders.    Vide  the  History  of  8£an  in 
the  Apocrypha. 

I  shall  now  prove  that  those  attendants  upon 
my  lord,  have  swolm  falsely,  in  swearmg  tnat 
the  closet- door  was  locked  i^ion  my  lord,  whea 
tliey  first  saw  him  dead.  And  this  will  plainly 
appear  by  the  many  contradictions,  between 
tliose  three  attendants,  as  to  the  person,  who 
first  opened  this  closet-door,  after  those  tfare^ 
atteiiifants  pretended,  first  to  have  discovereil 
my  lord's  death.  For  Bomeny  first  swore  be- 
fore the  coroner,  that  afler  he  had  knocked  at 
the  doset'door  and  my  lord  did  not  thereupon 
speak,  that  he,  Bomeny,  did  open  the  door  and 
there  saw  my  lord  lying  in  his  blood,  and  the 
razor  by  him.  And  that  then  he  dilled  tlM" 
warder,  Russel.  But  this  very  Bomeny>  wh^n 
he,  by  tbe  instruction  of  his  tutors  writ  his  own 
information,  in  a  room  separate  from  the  coro- 
ner and  his  jui^,  then  swears,  that  when  he, 
Bomeny,  had  knocked  thrice  at  the  closet- 
door,  calling  my  lord !  my  k>rd !  my  lord ! 
and  bis  lordship  not  answering,  be  peeped 
through  a  chmk  of  the  door,  and  then  sav 
blood,  and  part  of  the  razor.  And  that  there- 
upon he  called  the  warder  Russel,  and  that 
Kussel  did  first  open  the  door.  But  this  very 
Bomeny,  being  at  my  trial,  asked  who  first 
opened  the  closet-door,  upon  mv  lord's  (ieath, 
beinfffir^disoovered.by  his  attendants^  Swears, 
that  he  knew  not  who  opened  the  door.  But, 
Russel  sweara  before  the  coroner,  that  when 
Bomeny  cried  out,  that  bdv  lord  was  fallen 
down  sick ;  that  thereupon  Kussel  went  to  the 
closet-door,  and  onenea  if,  the  key  being  op, 
the  outside.  And  Kussel  heie  makes  no  diffi'^. 
culty  in  openiag  the  door.    3ut  MooAi^y  m^ 


iS79]  STATEmALS.36CflA«LSsn.  l6U^TiMafBrMdiimmiiS^,[\m 


lord's  Mer  warmer,  iIm  verjr  day  of  my  lord's 
death,  declared  to  tiro  of  bis  acquaiiitaiice»  as 
they  have  swoni  before  the  Secret  Comraittee, 
that  my  lord*8  bodt  lay  so  rery  dose,  and  strong 
■ffainst  the  dior,  that  neither  Bomeny  or  Bus- 
sa  could  open  the  door,  but  that 'he  beiD|^ 
much  stronger  than  either  of  them,  pot  his 
fihouldera  against  the  door  and  then  pushing 
with  all  his  miffht,  he  broke  it  open. ' 

If  you  mind  those  last  obserred  contradic- 
tions, between  those  three  attendants  upon  my 
lord,  as  to  the  first  opening  the  dosel-door, 
after  my  lord  was  dead.  You  will  find  it  first 
sworn  by  Bomeny,  that  he  opened  the  closet- 
door,  but  he  soon  after  swore,  that  Russel  first 
opened  it.  And  Russel  swears  that  he  opened 
it,  the  key  being  upon  the  outside,  and  men- 
tions no  difficulty  in  opening  the  door  firom  my 
lord's  body  being,  as  pretended  by  Monday, 
against  it.  But  Monday  affirmea  that  tne 
body  lay  so  strong  against  the  door,  that  nei- 
ther Bomeay  nor  Russel  could  open  the  door. 
But,  that  he,  by  pushing  with  aU  his  might, 
broke  it  open.  These  contradictions,  between 
those  three  attendants,  as  to  the  first  opening 
the  closet-door,  plainly  prove  that  the  closet- 
door  was  not  locked  upon  my  lord*s  body  when 
lie  was  first  found  oead  by  those  attendants. 
But,  as  a  further  argument  that  the  closet- 
door  was  tiot  looked  upon  my  lord's  body, 

William  J\imer  and  Samuel  Peckf  hare 
both'  sworn  before  the  Seoret  Committee,  that 
they  were  servants  to  my  lord  of  Essex,  at  the 
time  of  his  death,  and  that  they  had  brought 
some  provisions  to  my  brd's  lodgings  in  the 
Tower,  a  little  before  my  lord's  death  was  first 
discovered  to  those  out  of  the  house.  And 
that  they  were  some  of  the  first  who  entered 
ny  lord's  chamber  after  my  lord's 'death  was 
discovei'cd  to  those  out  of  the  house,^  and  that 
my  lord's  body  lay  in  the  closet,  but  most  part 
of  his  less  out  of  the  closet,  as  ^e  body  is  re- 
(iresentHl  in  the  cut  before  this  book  annexed. 

And  Monday,  Russel  and  Bomeny  theti  de- 
clared, that  was  the  vevy  posture  In  which 
^ey  fiist  saw  my  ford  dead,  and  that  no  per- 
son whatsoever  had  moved  or  touched  the 
body  after  my  lord's  death  was  first,  by  those 
attendants,  discovered.  And  l^unec  and  Peck 
have  farther  swoqi,  that  they  then  observed 
the  print  of  a  bloody  foot  upon  my  lord's  stock- 
ing, and  by  the  print  of  that  bloody  foot,  it 
appeared  to  be  made  by  one  who  must  be 
coming  out  of  the  closet  after  my  lord  was 
dead.  And  that  must  be  one  of  the  rufiians 
who  murdered  him. 

I  shall  now  briefly  sum  up  that  evidence, 
which  proves  that  toe  razor  was  not  locked 
hito  ihe  closet  with  my  tord's  body,  when  his 
lordship  was  first  found  dead,  as  these  before 
mentioned  three  attendants,  upon  my  lord  in 
die  Tower,  have  sworn.    For, 

WilUam  Mdwardt  and  Jane  Loadtnan  (two 
children  of  thirteen  yean  of  age,  at  the  time  of 
my  lord's  death)  have  sworn  before  the  Secret 
Comndttee,  when  they  we^e  eighteen  years  of 
age,  That  ibey  nw  a  Uoody  ta^or  thrown 


oat  of  my  lodKs  cbamber-wiodow,  biAis  mf 
hnrd^s  deani  was  discovered  to  diose  oot  of  fki 
boose.  And  several  of  the  relatkNis  sf  llms 
two  children  have  sworn,  that  as  soon  sstlMNe 
children  returned  from  the  Tower,  that  very 
morning  my  lord  died,  they  gave  tbst  aoawal 
to  them.  And  that  these  parents  were  alto»< 
ther  then  strangers  to  each  othcr^  the  itj 
living  in  Mark  Lane,  west  of  theTpwer,  nA 
the  ffirl  at  8t.  Catherines, which  is  esstfhsi 
the  Tower,  and  about  half  a  mile  distant  fimn 
where  the  boy  lived. 

And  this  lelatioD  of  the  boy  and  giri,  asto 
the  thiovring  the  razor  out  of  the  cbaoiber, 
oouM  then  nave  in  that  aocoont,  no  dcKpi  «f 
proving  my  lord's  murder.  For  it  wm  ast 
publicly  known,  tiiat  my  lord's  servant  aad 
warders,  would  that  next  day  swear  before  llis 
coroner,  that  the  razor  was  locked  into  die 
closet,  when  th^  first  found  my  lord  dead. 

And  WiOiam  Edwards  did  farther  depose  be- 
fore the  Secret  Committee,  that  he  woold  hafS 
sworn  this  at  my  trial,  had  not  major  Haviej, 
at  whose  house  my  tord  died,  frighted  bim  inia 
a  denial^  for  this  Edwards  swears,  that  tlit 
said  major  Hawley,  meeting  him,  as  be  na 
going  into  Westminster-  Hall,  to  be  an  endeoce 
at  my  trial,  in  a  very  threatening  manoer  kU 
this  Edwards  (then  oeing  about  thirteen  vcait 
of  age)  that  if  he  the  said  JBawlev,  had  tba 
management  of  him,  the  said  £o wards,  he 
should  be  whipped  once  a  fortnight  for  mm 
years,  which  threatening  of  the  UMUor,  did  w 
terrify  that  informant  (then  but  13)  that  faewu 
afraid  to  speak  the  truth  at  my  trial,  lest  U 
should  be  severely  punished  for  so  doisg.  Bal 
as  a  further  evidence  of  the  throwinff  tkii 
razor  out  of  my  lord's  chamber  window,  wftre 
it  was  publicly  known  out  of  the  hoine,  dot 
nay  lord  was  dead.  It  is  j^ositively  swon  by 
Mfr.  Samnel  Story,  that  mi^r  Webster  (one-rf 
the  supposed  ruffians)  did  confess  to  Jiim,  that 
he  threw  that  razor  out  of  my  lord's  window. 
And  when  Mr.  Story  asked  Webster  whatfoad^ 
him  to  throw  that  razor  out  of  the  window  ? 
Webster  replied,  that  when  he  did  it,  be  wa» 
under  such  a  consteniatioa,  that  he  knew  sot 
what  he  did.  « 

And  Lloyd,  who  stood  centinel  at  my  krd) 
lodging,  where  my  lord  died,  confessed,  tbat  be 
did  let  in  that  -vpiy  major  Webster  into  mfjf» 
Hawley 's  house,  where  my  lord  lodged,  a  IlUb 
before  my  lord's  death.  And  that  some  sbert 
time  after  that,  he  saw  (he  bloody  razor  tbrava 
out  of  my  lord's  cbapaber- window,  before  bit 
death  was  known  to  any  out  of  thai  bois^ 
Most  men  are  to  seek  for  a  reason,  that  sbouM 
induce  any  of  those  supposed  assaarios  to  tbrv* 
the  razor  out  of  my  ford's  chamber^wmdo^ 
before  his  death  was  discovered  to  any  oot « 
ihat  housed 

Ansa*.  If  we  consider  the  fear  and  ama^ 
mcot  which  might  paturaUy  seize  tbjen*" 
fians,  upon  the  least  interruption,  in  P^'^^^^ 
that  scene,  wherein  they  did  mind  mywvt 
body  shouM  be  first  exposed  to  vieit,  wvm 
not  privy  to  the  murder,  we  must  notexpW- 

4 


IS8I}    '    STATE  TRIALS,^6  Ghavlbs  II.  l€84.«^0r  a  MU^kmeanor.         (19Si 


tliat  what  is  done,  iiDd€rtach  a  sadden  confb- 
aion,  should  always  be  acted  accordinf;  to  the 
best  poHcy^  And  tou  find  that  major  Webster 
did  confess,  that  when  he  threw  that  razoi*  out 
of  the  window,  he  was  under  such  a  confnsion, 
that  he  knew  not  what  he  did.  Now  that  gre^t 
confusion  might  be  occasioned  by  some  one's 
coming  up  st^irs^to  my  lord's  chamber,  before 
the  murderers  had  laid  every  thing*  in  that 
posture,  wherein  innocent  spectators  were 
first  to  see  mv  lord^s  body.  And  Webster,  then 
liavtnff  the  bloody  razor  in  his  hand,  in  the 
chamber,  which  nuor  was  intended  to  be  laid 
in  the  do6et  by  the  body,  as  the  pretended  in- 
strument of  his  death,  upon  the  coming  up 
cf  one,  who  was  not  then  piiry  to  the  murdfr, 
was  aftaid,  that  some  person  might  be  coming 
to  inv  lord,  and  sent  by  proper  authority,  and 
liiat  he  should  be  found  in  my  lord*s  chamber, 
vith  this  bloody  razor  in  his  hand :  beinirtbere- 
upon  under  a  fear  of  a  discovery,  Webster 
ihre^  the  bloody  raeor  out  of  the  chamber- 
window.  But  that  dreadiui  fear  was  soon 
oTer,  when  the  confederate  villains  found,  that 
the  person  coming  up  stairs,  was  only  the  ser- 
▼ant  maid  of  the  bouses  who  afVerwards  carried 
up  the  razor,  and  was  soon  prevailed  upon  by 
her  master,  to  be  silent;  Ana  then  that  razor 
was  laid  by  the  -body,  in  the  closet,  as  the 
pretended  instrument  of  my  lord's  death.  As 
to  what  is  mentioned,  in  the  latter  part  of  the 
next  preceding  paragraph,  I  did  receive  a  very 
credible  information  therein,  soon  after  my 
lord's  murder. 

That  the  above  mentioned  major  Webster 
was  one  of  the  murderers,  farther  appear  pro- 
hahle,  from  what  is  sworn  of  his  producmg  my 
lord's  Moody  pocket  handkerchief  the  very  day 
■ly  lord  died,  and  that  handkerchief  was  Imown 

g'  the  E»  and  coronet  upon  it,  and  Webster 
en  rgoiciug  shook  it,  and  said,  ^  Here  is  the 
*  biood  of  a  traitor,  and  I  do  hope  to  see  many 
'  more  such  rogues  go  the  same  way.'  And 
the  very  next  day  (the  same  informant  swears) 
tlut  migor  Weoster  nTodu<^  a  knit  purse, 
out  of  which  he  told  torty-nioe  guineas  and  a 
pistol.  Whereas,  it  is  ^proved  that  before  that 
time,  the  said  Webster  was  very  poor,  and  m 
bonrly  danger  of  being  imprisonea  for  debts. 

Had  the  coroner's  iury  narrowly  observed  all 
]parts  of  my  lord's  body,  from  their  observations 
thereupon,  they  mignthave  been  convinced, 
that  my  lord  wtu  murdered.  But  When  the 
jury  hiUI  been  shewn  the  lar^e  cut  in  the 
throat,  viliich  was  uncovered  by  the  shecft, 
which  covered  all  other  parts  of  the  body,  they 
were  immediately  adjourned  from  my  lord's 
chamber,  to  a  pulnic-house  in  the  Tower.  But 
had  the  iury  but  uncovered  the  bod^,  and  ob- 
served the  five  cuts  in  my  lord's  nght  hand, 
that  alone  would  have  convinced  them  that  my 
lord  was  murdered,  and  that  those  five  cuts  in 


euts  upon  my  lord's  nght  hand,  ^vias.)  due  aU 
most  oo  the  top  of  his  lore  finger;  and  another 
ufkon  the  same  finger,' and  near  the  hand,  and  a 
third  cot  upon  the  TOurth  finger,  and  another 
cut  upon  his  Uttle  'finger  of  the^samehand^ 
And  a  fifth  eot,Tery  lai^;  about  two  inches 
long,  in  the  pal m'tifm^  lord's  right  hand.  But 
none  of  the  cAitrtjer's  jury,  who  were  examined 
before  the  Secret  Committee,  wotild  declare 
that  they  had  viewed  my  lord's  nght  hand^ 
And  that  they  might  not  make  «uch  obser- 
vations upon  a  strict  view  of  all  my  lord's  body' 
as  were  proper,  and  were  necessary  to  be  made. 
after  a  slight  view  of  the  cut  hi  the  throat,  they 
were  hurried  away  to  a  public  house,  where 
one  of  the  most  sensible  men  of  the  jury,  told 
Bomeny,  that  he  was  informed,  his  }4rA  was  a 
very  good  man ;  whereupon  Bomeny  declared^ 
that  his  lord  was  as  good  a  man  as  Hved.  Then 
this  juryman  said,  mat  it  was  strange,  so  good 
a  man  should  be  guilty  of  the  greatest  sin,  for; 
said  the  juryman,  no  action  can  be  worse  thafii 
self  muraer. 

Whereupon  migor  Hawley  toM  that  jury- 
naan.  That  whosoever  thought,  that  self-mur« 
der  was  unlike  my  lord's  principles,  was  not 
well  acquainted  with  his  lordshij^s  principles, 
for  many  ^ndemen,  who  were  mtimately  ac- 
quainted vrith  his  lordiship,  Imew  that  his  lord- 
ship had  olten  declared  that  any  man  migfat 
cut  his  own  throat,  or  otherwise  destroy  him- 
self, to  avoid  an  infhmous  death.  And  there- 
fore this  sdf-murder  was  according  to  his  lord- 
ship's avowed  principles.  This  was  sworn  by 
that  very  juryman  befbrer  the  tSecret  Commit- 
tee^ and  that  this  declaration  of  major  H^wfey 
did  the  more  easily  incline  that  juryman  to 
believe,  that  tny  lora  himself  had  really  cut  his 
own  tiiroat.  But  when  major  Hawley  was 
asked,  by  their' lordships  of  the  Committee,  by 
whom  was  he  ever  informed  that  my  ford  of 
Essex  had  ever  justified  a  self-murder  f  Thl9 
major  did  thereupon  solemnly  declare,  that, 
before  my  lord's  inquisition  be  diA  never  hear 
that  my  ford  of  Essex  had  ever  been  of  such  a 
principle,  as  to  justify  self-murder;  imd  the 
major  did  further  declare  to  their  lordships,, 
thkit  he  was  not  near  the  jury  at  the  pubhc- 
hottse,  where  they  did  consider  of  this  inquisi- 
tion. It  is  well  known  that  it  was  industriously 
reported  about  town,  soon  after  my  lord's  deato, 
that  my  lord  of  Essex  had  often  justified 
self-murder,  as  a  lawful  act,  to  avoid  an  id- 
famous  executiota .  Bnt  majoi' Hawley 's  deny* 
ing,  before  the  Committei^f,*  that  he  did  ever 
sug^;est  to  the  jury,  that  my  lord  had  justified 
self-murder,  aad  that  before  that  jury  sat  ht 
did  never  hear  it  reported  to  be  my  lord's  prin- 
ciple  

This  denial  of  the  major  plainly  proves,  that 
he  was  conscious  to  himself,  this  pretenddd 
principle  was  a  fiilse  charge  against  bis  Tord- 


his  lordship's  right  band,  were  made,  npon  his  ship.  But  seeing  this  suggestion  of  the  major 
lordship's  endeavouring  to  put  off  that  instru-  I  to  the  jury  is  positively  sworn  against  him,  by 
ment  of  death,  wherewith  his  murderers  cut  the  jury  (to  whom  the  major  was  very  well 
his  throat.  For  it  is'  positively  sworn  before  kno«m)  it  plainly  proves  that  this  suggestion 
the  Secret  Commxttea,  that  there  were  five  was  a  fklae  and  malicious  mveirted  story,  hud 
TOl.  VL  '  \      4  N 


iai5]  STATE  TRIALS*  S6Chaelb8  Ih  l5S4.<-7ri«l0/Sr«AbiiMl%b,  [\M 

ftived.  by  the  party  vrbo  murdered  my 
Iprd!  And  that  miyor  Hawky  was  pre-in- 
stnicted  by  the  coDfederating  murderers,  to 
corrupt-  the  jury  with  this  sugjjpention,  so  that 
they  might  the  riiore  eanly  be  mclined  to  be- 
)ie?e  that  my  lord  did  indeed  cut  his  own 
throat.  And  whereas,  majer  Hawley  did  so- 
lenmly'deelare  before  the  Committee,  that 
be  was  not  with  the  jury  at  the  public-bouse, 
where  they  consideredi  of  this  inquisition. 
This  denial  is  proved  before  the  Committee, 
by  sereral  of  the  jury,  to  be  false :  for  the 
major  bad  g^Fen  the  coroner's  jury  repeated 
occasions  to  remember  that  the  major  was  very 
industrious,  at  that  public  house,  to  hurcy  the 
jury  in  €nishing  their  inquisition.  Fur  some 
of  that  jury,  at  that  public  house,  desired  the 
coroner  that  they  mignt  not  then  finish  this  in  • 
quisition,  but  that  they  might  be  adjourned, 
and  notice  given  to  mv  lonrs  family  of  that 
adjournment,  so  that  if  any  of  my  lord's  rela- 
tions or  friends,  would  prove  any  thing  on  my 
lord's  behalf,  in  contradiction  to  the  pretended 
self-murder,  such  evidence  might  by  tlie 
jury  be  heard,  before  they  did  agree  upon  any 
mquisitiou.  But  major  Hawley  then  prevents 
the  adjournment,  by  telling  the  coroner  and 
the  jury  they  could  not  adjourn,  but  must  im- 
mediately finieh  their  enquiry;  because  the 
Jking  ^then  sitting  in  council)  had  sent  for  their 
inquisition,  and  nis  majesty  had  declared  he 
would  not  rise  ^m  the  council  board,  until 
their  inquisition  was  brought  to  him.  This 
false  suggestion,  from  Hawley,  caused  the 
jury  to  make  more  haste  than  g^ood  speed,  and 
so  without  any  further  consideration,  they 
agreed  upon  their  inquisition.  But  major 
^awley  being  asked  by  the  Secret  Committee, 
who  was  the  man,  that'pretended  to  come  ex 
prMS'from  the  kinsp  upon  this  occasion  ?  The 
major  declared  to  meir  lordships,  that  he  never 
knew  of  such  an  express  from  the  king,  and 
that  he  did  not  suggest  this  to  the  coroner's 

i'ury,  nor  was  he  ever  with  them,  at  that  pub- 
ic-house where  they  finished  that  inquiry. 
But  several  of  the  jury,  before  the  Secret  Com- 
mittee, did  positively  swear  ail  that  is  before 
alleilged,.tD  be  by  the  major  suggested  to  the 
jury.  Had^  the  cOroner  discharged  his  duty, 
m  taking  this  inauisition,  he  would  have  caused 
Bomeny,  (my  lord's  servant)  Monday  and 
Rui^el,  his  two  warders,  to  be  kept  apart,  (at 
the  time  of  their  examination),,  so  that  neither 
might  hear,  or  know  what  questions  wei*c 
asked  the  other  examinants.  And  if  upon 
such-  separate  examinations,  Bomeny,  Uussel, 
and  Monday  had  point  blank  contradicted  each 
other,  accordiufi^  to  what  is  herein  before  ob- 
served, to  have  been  by  those  three  attendants, 
sworn  or  declared,  in  relation  to  the  time  of 
delivering  the  razor  to  my  lord,  and  as  to  li>o 
person  (of  those  three  attendants)  who  fir^t 
openefl  the  doset-door  upon  my  lord's  body, 
I  believe  the  coroner's  jury,  had  they  been  of 
•ommon  sense  and  honesty,  would  hare  bc< 
Heved  that  neither  of  those  examinants  did  in- 
tend to  discover  what  he  knew,  relating  to  my 


lord's  death,  but  that  they  were  all  t&ree  pn- 
engaged,  falsely  to  swear  what  might  inia- 
ence  the  coroner  and^  his  jury  to  bdUre  thit 
my  lord  himself  cut  his  own  throst.   Foe 
should  Bomeney  (upon  his  first  examiMtioii) 
have  sworn,  before  the  coroner,  that  he  detiTer- 
ed  the  razor  to  my  lord  the  day  before  hi 
death,  and  upon  a  second  examinatioa  befbn 
the  coroner  as  to  that  matter,  should  hate  po- 
sitively s^vom,  that  he  did  not  deliver  the  luor 
to  my  lord  until  about  half  an  hour  before  lui 
lordsnip's  death  was  discovered.    AodsbodU 
Monday  have  sworn,  before  the  coroner  ud 
jury,  that  he  saw  my  lord  have  this  razor  iohs 
hand,  and  therewith  scraping  bis  mils,  it 
seven  of  the  clock  in  the  morning,  as  soontt 
my  lord's  chamber-door  was  opened,  aad  two 
hours  befoi-e  Russel  stood  wardler  at  my  lord*! 
chamber-door.  And  should  Russel  hsTe  swan, 
that  he  saw  this  razor  delivered  to  my  lonlbf 
Bomeny,  afler  Monday  had  left  bis  station  it 
my  lord's  chamber-door,  and  not  half  an  hm 
before  his  death.    The  coroner  and  jury  mtst, 
upon  those  contradictions,  have  beliered,  tfai 
story  of  the  delivery  of  a  razor  to  my  kt^i 
little  before  his  death,  to  be  an  entire  fbrgor, 
and,  wherein  those  three  attendants,  were  pre- 
instructed  by  some  of  those  confederation  mur- 
derers, who  had  been  the  principal  sontrinfl 
of  this  barbarous  murder. 

And  (as  to  the  first  opening  the  closet-door 
upon  my  lord's  body)  should  Boffieny  fint 
have  sworn  before  the  coroner,  that  my  kri 
not  speaking  when  he  had  three  timei  koodod 
at  the  closet  door,  that  he  then  first  opened  tiie 
door,  and  then  saw  his  lordship  h'wg  is  b* 
blood ;  and  the  razor  by  him.  Bat  von  a 
second  examination  by  the  coroner,  uoul' 
Bomeny  have  sworn,  that  be  upon  knoddsf 
thrice  at  my  lorcf  s  closet-door,  my  loid  not 
answering,  that  he  only  peeped  through  the 
chink  of  the  door,  and  then  seeing  mv  lord  oa 
the  ground,  and  the  razor  by  bun,  be  called 
llussel  (then  at  my  lord's  chamber-d(Mr)  wh* 
thereupon  came,  and  first  opened  the  doset' 
door.  And  should  Russel  have  swon,  tbit 
he  first  opened  the  closet-door,  and  widiout 
any  difficulty,  the  key  being  upon  the  outaiit 
of  the  closet-door.  But  had  Monday  beco 
s\ii^orn  before  the  coroner,  he  would  have  d^ 
posed,  that  neither  Bomeny  or  Russel,  wcfe 
strong  enough  to  push  the  4oor  open,  beeiasc 
my  lord's  body  lay  close  and  wmhtv  agaiitft 
the  door ;  and  that  he  himseir  did  pot  bs 
shoulders  against  the  door,  and  thrustit^  vii^ 
all  his  strengtii,  he  thereby  removed  the  body, 
and  so  opened  the  door.  These  beforanea* 
tinned  contradictions,  between  those  duee  i^ 
tendants  as  to  the  delivery  of  the  "*^.  *5 
opening  the  doset-door,  would  have  coortocM 
the  jury,  that  ^e  closet-door  )vas  not  bK^ 
upon  the  body,  as  two  of  those  three  atendaolj 
had  sworn  before  the  coroner,  and  as  the  thnd 
(that  very  morning  my  lord  died)  had  dechrn 
to  several  of  his  friends,  who  have  swom  ^ 
And  from  these  forged  and  false  accooott. 
as  to  the  delivering  the  racor,  and  npe&iif 


2S5}      '   ^ATB  TRIALS,  36  ChabLbs  If.  1684.-*/^^  a  MitdmMnor.        {Htfi 

ae  cloeet*door,  4fae  jury  would  have  oon- 
fuded,  that  ttiose  thvee  attendants  bad  re- 
olved  to  conceal  what  was  really  true,  an'd 
noat  necessary  to  be  known,  relating^  to  my 
(nrd's  death.  For  no  man  ever  swore  a  pre* 
neditated  lie,  tot  to  cone^  a  material  trutn.  ' 

And  9  ein^  those  three  attendants,  by  their 
ontradictory  and  false  informations,  bad  re- 
used to  discover  such  truths  relating  to  my 
ord'ti  death,  as  they  themselves  were  privy  to, 
md  which  would  have  plainly  proveil  how  my 
ord  w«a  barbarously  murdered.  The  jury, 
rom- hence,  ought  in  justice  to  have  concluded, 
hat  those  two  forsworn  warders  and  servant, 
rere  at  least  consenting  to,  if  not  the  real 
tdors  of  that  perftdioas  and  barbarous  murder ; 
vhich  treacherous  cruelty  it  was  their  duty  (as 
ny  lord's  wai-ders  and  servant)  to  have  pre- 
sented. 

But  alas!  such  separate  examinations,  of 
ihesse  three  attendants,  could  not  be  expected 
Trom  such  a  deputv -coroner,  who  in  taking 
iiis  inquisition,  was  himself  under  the  direction 
^f  those  in  the  next  room  to  the  jur}',  who  had 
issisted  Bomeny  in  the  forging  his  second  in- 
formation. For  when  some  of  the  jury  in- 
sisted to  have 'all  the  clothes  produced,  in 
which  my  lord  was  found  dead,  the  coroner 
was  hastily  called  into  that  next  room,  and 
loon  returning,  he  (in  a  passionate  manner) 
told  the  jury,  it  \\  as  my  lord's  bo<ly,  and  not 
his  clothes,  they  were  to  sit  upon.  'That  they 
had  seen  the  body,  and  that  was  sufficient. 

This  was  sworn  (before  the  Secret  Commit- 
tee) by  several  of  the  coroner's  jury. 

King  Charles  the  second,  witli  the  then 
duke  of  York,  wa<i  then  in  the  Tower,  when 
my  lord  died,  and  when  informed .  thereof, 
(whicli  ^as  a  few  minutes  after  his  lordship's 
death  Was.  first  discovered  to  those  out  of  the 
house)  his  majesty  appeared  to  be  very  sorry 
for  the  same,  and  immediately  sent  my  lord 
Atlington,  then  governor  of  the  Tower,  sir 

C M.,  and  Thomas  Howard,  esq,  to  my 

lord's  lodgings,  and  his  majesty  commanded 
those  three  gentlemen,  that  they  should  take 
inimeiliatc  caro,  that  all,  atteadmg  upon  my 
lord  m\%\A  be  secured,  and  by  them  strictly 
exauiioed,  in  relation  to  my  lord's  death.  And 
those  three  gentlemen  lihould  (as  from  his  ma- 
jesty,) order  that  my  lord's  body  should  re- 
main io  that  posture  wheron  it  was  first  found, 
until  the  coroner's  jury  had  sat  upon  tlie  body. 
Soon  alter  those  three  gentlemen  bad  entered 
my  lord's  chamber,  and  ordered  his  lordship's 
attendants,  at  the  time  of  bis  death,  to  be  se- 
cured, sir  C— •^  M.,  (as  a  justice  of  the  peace) 
be$i;aa  the  examination  of  one  of  those  attend- 
ants, but  as  soon  as  he  began  that  examination, 
a  gentleman  came,  pretending  to  be  sent  by  the 

king,  to  command  sir  C M . ,  (as  firom  his  ma* 

jesty)  to  go  to  the  Old  Bailey  (where  my  lord 
Russell  was  then  trying)  and  inform  the  Attor- 
ney-General, then  chief  counsel  against  my 
lord  Uossell,  of  my  lord's  death,  and  to  know 
of  the  Attorney- General,  what  was  fit  to  be 
iHrdered,  in  rdatioo  tbereanto.    But  air  ^ 


M.,  by  the  samtf  gentlemaD,  desired  hie 
jesty 's  leave,  that  he^might  take  the  examina* 
tions  of  all  my  lord's  attmdants  at  the  time  of 
his  death,  pursuant  to  4|is  majesty's  first  oom- 
mand.  But  the  same  gentleman  soon  caodb 
again  the  second  time,  as  firom  the  king,  to  tell 
sir  Cbrislepher,  that  itirras  bis  majesty's  ex* 
press  oommand,  that  he  should  immediately 
go  to  the  Old  Bailey.  lu  obedienoe  to  this  re* 
peated  command,  sir  C-^ —  M.  immediately 
went  to  the  Ofd  Bailey.    But  when  the  Hfcni 

Committee  asked  sir  C M.  who  that  spen- 

tleman  was,  that  so  came  vriUi  reneated  oraersi 
as  from  the  king,  for  sir  Christopher's  going  le 
the  Old  Bailey,  to  inform  the  couit^tnen  try* 
ing  my  lord  Russell)  of  my  lord  of  Essex's 
death.  For  the  lords  of  the  Secret  Committee 
told  sir  C.  that  they  did  believe,  that  the  ven* 
tleman  used  his  migesty's  authority,  without 

his  majesty's  privity.    But  sir  C M.  did 

depose  that  he  could  not  recollect,  who  that 
gentleman  was,  which  gave  those  repeated 
orders,  as  from  his  majesty.  It  was «  greet 
misfortune,  that  sir  C.  could  not  semembeci 
who  ibis  messenger  was ;  for  could  that  have 
been  known,  it  might  probably  have  be^i  die- 
coveqed,  that  this  messenger  was  sent  by  Uie 
then  duke  of  York,  who  too  often  in  thoee  days 
used  the  king's  authority,  without  hie  ma- 
jesty's privity,  and  against  the  true  interest,  of 
both  king  and  kingdom.  But  contrary  to  what 
was  thus  ordered  by  his  majesty,  as  to  conti- 
nuing of  my  lord'q  body,  in  the  very  posture, 
wherein  it  was  first  foimd,  my  lord's  body 
was  stript  the  very  day  of  his  death,  and  ail 
his  clothes  then  carried  away,  and  the  room 
and  ck)set  washed.  Ai^d  all  this  done  by  the 
command  of  major  Hawley,  who  was  justly 
suspected  as  highly  criminal  in  relation  to  my 
lord's  death,  as  appears  by  several  of  thoee  ex* 
^  amihations,  herein  before  mentioned.  The  day 
before  the  convention  met,  he  was  confined  to 
his  own  house,  by  order  of  the  lord  Lucas,  thea 

EDvernor  of  the  Tower,  as  soon  as  the  lord 
ucas  bad  received  those  before-mentioned  in- 
formations,  which  relate  to  major  Hiwley."  Ae 
soon  as  the  coroner  had  taken  this  inquisitioii, 
he  carried  the  same,  with  those  befere-men- 
tiooed  informations  by  him  taken,  to  Whitehall, 
to  the  secretary  of  state,  in  order  to  their  being 
immediately  printed.  But  when  by  the  secre- 
tary or  some  in  authority,  under  nim,  it  wae 
found  that  Bomeny  my  lord's  servant  had 
sworn,  that  he  delivered  the  raaor  to  my  lord 
on  Thursday  the  day  before  his  death,  and 
Rustel  had  sworn  it  was  not  detivered  until 
Friday,  and  not  half  an  hour  before  his  death : 
These  contradictiona  (by  some  at  Whitehall) 
were  not  thought  convenient  to  be  expoeed  in 
print,  as  they  were  sworn,  lest  tb^  should 
give  just  ground  of  soeiiioion  -that  the  whole 
story  [of  the  delivery  of  a  rasor  to  my  lord] 
vraa  forged,  and  therdtore  a  reconciler  was  or* 
dered  to  amend  Bomeny's  inlbrHiatioa,  so  thdt 
it  might  be  agreeable,  to  Ruseel's  information. 
And  thereupon  this  reooncilery  to  what  Bo* 
meoy   had  iwoni,   added  (oa  Friday  the 


1287]  STATETRIALS»S^CHAELSSlt.  l6Si.-^TyMofBra4dtmmiiSpAi.  [\m 


Idtk  inataat)  but  tU9foiig«4  aMtion  wfui  made 
wkhoat  tbe  least  coDgniitjr  ts>  wensejaT  gram- 
mar. For  it  is  apparent,  that  tile  Ibregotng  part 
•»f  BoBMtiy's.  information  relMea  whoUy  to 
Thiaf84iay»  but  at  last,  without  any  re^^ard  to 
what  Bomeny  had  before  sworn  [on  Pnday  the 
ISIh  instant)  is  ibrged  and  foisted  in  ooolrsry 
to  att  Vuks  of  grammar,  and  common  measures 
<^' sense. 

1  shall  now  give  a  more  partioular  account 
of  what  arbitrary  raeasDres  were  taken  to  pre- 
▼€Bt  a  discovery,  of  this  murder.  How  several 
of  the  soldiers  who  were  in  the  Tower,  that 
flioming  my  lord  died,  having  soade  such  dis- 
ooveries  as  satisied  them  my  hird  was  trea- 
cherously murdered.  Tboaa  soldiers  had,  that 
T«ry  day  used  too  great  a  freedom,  in  their  dis- 
course with  rekuioil  thereunto.  And  tberelbre 
(Bleak  declared  to  two  who  have  sworn  it)  that 
the  next  HMrning  after  my  loid's  deAth,  a  60- 
lonel  IB  the  Tower,  called  sevei'al  saldieri  tog«<^ 
ther,  and,  under  severe  threatsBings,  enjoined 
them  not  to  speak'  one  word  of  what  they 
had  seen  or  heard,  relatmgto  my  lord's  death. 
Wherefore  the  said  Robert  Meak  desired  those 
pesBons  (to  whom  he  bad,  the  very  day  of  my 
lord's  death,  freely  diseoursed  eonoeming  my 
lord's  being  murdered)  not  to  divulge  whet  he 
had  tald  t£em  relating  to  my^  lord's  death,  for 
(sfldd  Bicak)  dionld  &at  be  known,  it  would 
yrovemymitt.  But  some  short  time  after  that, 
this  very  Robert  Meak  declared,  [to  thre^  per- 
sons, who  have  sworn  itl  t^t  he  did  bdieve,  he 
should  be  privately  muvoered^for  what  he  knew 
and  had  oedared*  relating  to  my  lord's  death ; 
•nd,  the  very  day  he  was  murdered,  he  desired 
one  Bampton  end  Davison  to  keep  him  com- 
pany the  remnininff  part  of  the  day ;  for  I  foar 
that  this  diMT  I  shall  otherwise  be  murdered,  foi* 
<said  Meak)  1  have  this  day  observed  that  I 
am  dog*d,  by  some  stranee  aadisuspicious  per- 
4M>ns.  Qot  Bampton  and  Davison-  refused  to 
keq)  Meak  oomnaay,  lest  they  themselves 
should  thesdiy  inoanger  their  own  lives.  And 
the.  very  next  morning  this  Mode  was  found 
•dead,  in  the  Tow.er-ditdi,  and  just  over  against 
m^jor  Webster's  ale-house,  which  stood  near 
Tower-diteh. 

As  for  Raddle  tbe  soldier,  (who  thte  day  of 
my  lord's  death,  had  so  fre^v  discovered  what 
he  knew  relating  to  my  ioni's  murdi^)  I  was 
'  informed,  that  this  Ruddle  was,  with  some  otiier 
.floUiers,  sent  to  the  £ast-Ind^  soon  after  my 
lond's  death  ;  and,  at  Fort  St.  Gcoige,  shot  to 
daatlL ;  but  1  conldnot  learn,  for  what  canse  be 
was  so  punished. 

There  #as  one  Mr.  HawLey,  a  warder  in  the 
Tower  that  very  morning  my  lord  was  mur- 
dered, and  by  what  he  had  observed  in  relation 
thereunto,  he  had  reason  to  deohire  to  a  friend, 
that  mv  lord's  desth  was  a  piece  of  viUainy 
througbotft. 

This  Mr.  Hawley,  hemg  in  Westminster- 

.haU,  whftkt  I  was  trying  at  the  King's-beneh- 

har,  he  said,  That  he  wondered  wlmt  made  me 

•atir,.  in  vektion  to  my  ford  of  Essex's  death, 

^rhsn,tohiskii9wl0dget,  Ihatwjiolbiag^that 


matter.     Whereupon  one  Mr.  BrtOB,  thit 
the  city  coroner,  said,  Mr.  Hawlejr,  if  yai 
kuow  that  Mr.  Braddon  knows  noUuag,  is  re- 
lation thereunto,  what  must  you  know  of  thai 
matter  ?*    Wheieunto  Mr.   Hawley  nnde  u 
reply.     But  Mr.  Hawiey's  knowledge  thtrdi 
cost  him  dear ;  for  about  March  next  tftersiy 
lord's  death,  Mr.  Hawley  wss  missing,  where- 
upon one  of  the  warders,  who  was  suppoiedii 
be  a  papist,  said,  that  Mr.  Hawley  ntd  hea 
prating  about  the  eari  of  Essex's  death,  ud 
for  sueh  his  discourse  was  forced  ts  fly.   Btt 
six  weeks  discover^  the  contrary ;  for  dm  Mr. 
Hawley  was  then  found  dead  aiad  ilript,  isi 
river  near  Rochester,  and  his  marderashid 
so  barbarously  trested  him,  and  bruised,  lad 
altered  his  fhoe,  ftom  his  natursl  forai,  thitb|r 
his  fooe  none  could  knew  him.    But  his  wm- 
derers  had  left  his  stockings  upon  bis  legs,  nd 
thereby  his  wife  knew  ihe  body  to  be  ber  hof- 
band's,  for  he  wore  three  stockings  ODOSfloe 
leg,  «id,  for  some  indisposition  in  the  othei  hf^ 
two  stoddngs,  and  a  seer^cloth.  After  this  Ih. 
Hawler  had  been  missing  a  few  days,  wA 
upon  tne  strictest  inquiry  could  not  lie  hmi 
or,  his  widow,  in  sevstal  Qi^ettes  offered sie- 
ward  of  100/.  to  auy,  that  should  discoverbcr 
husband's  body  desA  or  alive.    Bat  it  vas  seir 
six  weeks  before  the  body  was  found. 

It  is  believed  some  more  persons  were  mm- 
dered,  to  prevent  their  discovering  wbatthrf 
knew  in  relation  to  my  lord's  murder ;  ibr  Jem 
Holland,  one  of  the  supposed  assassins,  dechrri 
that  severs!  persons  had  been  made  away,  iw 
blabbing  what  they  knew  relaHng  to  my  kid 
of  Essex's  death. 

And  besides  ^such  additional  murders,  to  pie- 
vent  the  discovery .  of  my  lord's  muider,  ether 
ttrbitrary  methods  were  practised  to  hinder  etbcr 
people  from  discovering  what  they  knew  it- 
nting  to  my  lord's  muiSer.    For, 

RicAord  Jordlondenosed,  that  some shertte 
after  my  lord's  deam,  he  saw  a  soMieriifldto 
the  wooden  Worse,  in  the  Tower,  bjr  order  ef 
lieutenant  colonel  Nicholson,  andwbiplsfteri 
cruel  and  barbarous  manner:  and  thisdeiieaeet 
heard  the  said  cohmel  Nicholson  tell  tbecoldier 
he  ought  to  have  been  been  banged  far  what 
he  had  said.  And  this  deponent  beisffTCiy 
very  well  aonuainted  with  the  marshtl,  tbd 
whipt  that  sMdier,  he  did  afterwards  inqvB* 
of  the  marshd,  how  many  stripes  he  gsve  (ha 
soMier,  and  the  marshal  said,  that  the  said  o»- 
loBd  Nkholson  oomasanded  him  to  give  hia 
fifty  three  stripes,  and  stood  by  all  thetiw 
to  aee  it  done.  Wheress  the  ususl  iNV- 
her-  of  stripes  given  to  soldiers  whi^t  stthtf 
horse,  was  twdve.  Whereupon  this  ndsnM^ 
then  admd  the  marshal  what  great  ofiesce  bd 
tiiat  poor  soldier  comautted,  tlmt  his  pssisi- 
ment  was  so  severe,  whereupon  the  said  vu- 
shal  gave  the  deponent  this  toformslJoD,  (vis) 
That  a  certsin  ifootor  of  divbity  staadinf  «*er 
against  the  chamber,  vrfaerein'my  lord  M 
the  doctor  then*  asked  that  poor  soldier,  tha 
standing  near  him,  which  was  the  €kaA»t 
wheiemykrdofBMcxaithiithmat?  Wii«^ 


1289]        STATE  TRIALSi  36  Chauss  II.  iSU^r-^  •  MhAmmmr,       [1S90 

opoa  the  soldier  pointed  to  my  lord's  chamber 
vnndow,  and  said,  That  is  the  chamber,  where- 
in it  is  said)  that  the  earl  did  cut  his  throat. 

The  doctor  then  asked  the  soldier  what  he  did 

believe?  I  believe  iu  God,  replied  the  soldier. 

tJpon  which  the  doctor  said,  That  belief  of your's 

1  do  not  now  question ;  but  I 'desire  to  know  of 

joo,  whether  you'  do  not  believe  that  the  late 

earl  of  Essex  did  indeed  cut  his  throat  ?  and 

presaing  the  soldier  for  his  answer  tbereunto, 

thatunbappy  spidier  did  thereupon  say,  Sir.  I 

-wiU  not  aay  1  do  bebcfve  it ;  aqd,  thereupon  the 

doctor  informed  the  governor,  of  what  was  said 

by  that  soldier,  who  was  thereupon  piit  in 

prison,  and,  tor  a  fortnight,  fed  upon  bread  and 

water,  and,  when  the  governor  was  out  of  the 

Tower,  lieutenant  colonel  Nicholson  ordered 

the  barbarous  whipping  abovo-mentioned  to  be 

inflicted.    And  the  more  effectually  to  prevent 

any  discourse,  that  might  give  the  least  cre- 
dit to  my  lord's  being  murdered,  the  then  arbi- 
trary proceedings'^  of  those  days,  punish ci  oq» 

of  my  lord's  coroner's  jury,  because  he  declared 

his  di8satistigu:tion  in  tiudmg  my  loridy!^  de  m. 

This  juryman  was  one  Mr.  Colston,  who  had 

many  years  taught  writing,  and  the  mathema- 
tics. Upon Tower-hUl.    And  some  time. after 

my  lord's  death,  ^his  juryman  was  giving  'some 

persons  an  aocoont  of  the  several  irregularities 

which  had  been  practised,  relating  to  my  lord's 

body,  before  they  of  the  coroner's  jury  had 

seen  the  body,  and  that  juryman  declar«l  that 

these  jurymen  were  not  permitted  to  make 

those  mquiries,  which  were  necessary  to  dis- 
cover the  true  manner  of  my  lord  s  death. 
And  then  that  juryman  did  further  say.  That 
be  did  believe  that  all  of  us  [the  coroner's  jury  ] 
were  intatuated  to  bring  my  lord  in  felo  de  se, 

/but  he  did  believe,  thatbad  they  not  been  hur- 
ried into  their  inquisition,  they  should  have 
Ibund  it  otherwise;  for  this  discourse,  this. ho- 
nest coroner's  juryman,  was  prosecuted,  upon 
an  information,  and  first  was  sentenced  to  pay  a 
fine  of  300/.  and  to  be  pilloried.  But  sir  John 
Friend,  who  was  executed  for  high  treason, 
since  the  Revolution,  having  been  this  Colston's 
scholar,  and  then  having  a  great  interest  at 
court  and  particularly  with  the  then  duke  of 
York,  iaterce<led  for  a  mihj^on  of  tk^  al^ve 
judgment,  and  sir  John  Friend  thereiB  so  far 
prevailed,  that  the  piUor)riiig  the  jorymaa  was 
remitted,  and  his  fine  mitigated.    But  hebv 

'  prisoner  for  some  tioae  in  the  Kiftg's-bench 
prison,  for  that  mitigated  fine. 

If  such  arbitraiy  practices,  aa  those  men- 
tioned, were  used,  to  urevent  any  persons  de- 
claring their  belief  of  my  lord's  murder.  It 
oould  not  then  be  expected,  that  those  then  m 
power  would  give  the  least  encowragement  to 
a  fall  discovery  of  this  perfidious  and  barba- 
rous awarder,  and  therefore  all  reasonable  pro- 
posals made  to  them,  then  in  power,  for  a  dis- 
covery of  this  murder,  wcve  to  be  reeded ; 
and  a  remarkable  instance  henoi  is  what 
follows,  (viz.) 

About  six  weeks  after  my  lord's  deatb>  there 
wssft  kttttt  tmaoaledtlaftwitii Ma lllr.  dad- 


man,  a  bookseller,  then  living  in  Dorham  £^ 
change  in  the  Strand  ;  thia  letter  was.dtreclod 
to  the  right  honourable  the  rountesa  Dowager 
of  Essex  j  the  substance  of  tiiis  letter  was, 
that, 
'  If  her  honour  conld  prevail  with  the  king; 
for  tbe  author's  pardon,  he  would  then  make 
a  full  discovery,  now,  by  whom,  and,  whose 
order  •  my  lord  was  paurdered.     And  thia 
letter  did  assure  her  honour,  that  tbe  (then) 
duke  of  York,  and  my  lord  -— ^,  were  aatha* 
riziog  this  murder.' 
This  letter  was  subsoribed  <  P.  B.' 
By  the  hand,  wherein  it  was  writ,  and  tbe 
two  letters  subscribed,  '  Paul  Borneny-,'  b»> 
Ibre-mentioBedy  was  the  author  of  Ibis  letter ; 
and  this  Bomeny  did  once  blasphemously  ss^, 
that  he  knew  as  well  how  my  lord  eamo  by 
his  death,  as  God  Almighty  himself. 

The  letter  above-mentioned  was  fiurlv  writ 
between  a  Roman  and  an  Italian  ban^  and 
such  Bomeoy  did  write,  when  he  did  intend  to 
write  his  best.  And  the  two  letters,  P.  B.  aie 
the  two  initial  letters  tePftul  Bomeny's  name. 

Object.  If  it  shall   be  oUeoled,  thai  tbla 
letter- cannot  be  sopoosedto  be  writ  and  tab- 
scribed  by  Bomepy  himself;  for  had  this  fellasr 
been  takoi  up,  and  the  letter,  proved  to  bate 
been  writ  by  hin|,  tliis  letter  alone  mif^tbave 
convicted  him,  seeing  therein  be  did  (lA  eiih- 
stance)  confess  himself  guilty  of  tbal  mvider^ 
Antm,  Gould  this  letter  have  bees^  prowd  to 
be  Bomeny's  writing ;  nay,  had  he  esaftsSeil 
he  writ  tbe  same,  he  was  ii|  no  daager  ef  m 
prosecution  from  the  mole-administiatiti  ^ 
tlioae  days.    For  had  those  tbea  in  ambafity 
hereupon  caused  Bomeny  te  have  besa  apfit- 
bended,  they  wonld  therein  bsnre  eatehed,  a 
tertar ;  for  snonld  they  have  proeeflied  agaiall 
him,  upon  this  letter,  the  woridf  vtaU  tb«i. 
have  coQckided,  thai  the  tvbole  cantenta  tberaof 
had  been  true,  and  conseqtendy  that  the  tiMB 
dukeof  York,  and  my  lofd-'^-^  ware  the  prit- 
cipal  contrivers  of  this  barbarous  mufdor.  •  Md 
then,  what  wouM  the  dobe  of  York,  and  Ua 
creatures  then  tbe  principal  miftisteni  of  sSate^ 
have  got  by  such  a  proaacntion,  oonvioliSiiaMl 
punishment  f 

Mr.  CmAmoii  deposed  before  tbe  aaorst  com^ 
mittee,  that  be  canried  that  bsttct  to  a  jartiee 
of  peace,  who  did  afterwards  mform  Mr.  Gad- 
man,  that  be  carried  it  to  tbe  seerstniy  of 
state.  But  Mr.  Gadtaan  deposed  that  bewaa 
nM  sent  for,  either  hy  Ibat  seoralary  of  •  atete, 
or  any  other  minister  of  state,  to  he  cxa-i 
mined,  in  relatk>n  to  the  receipt  of  that  lettsr« 

Had  not  the  then  didm  of  Vorit  (whose  ntkn 
patience  for  tbe  crown  would  not  stey,  as  yo« 
will  hereafter  find,  until  a  disease  bad  fMy 
given  him  tbe  sacocssion)  been  ralty,  ef  bsioff 
tbe  principal  author  of  my  kird'amuidep,  aaq 
had  not  some  of  that  doWe'a  chief  cieatntsa 
been  also  involved  in  the  same  guilt ;  no  obam, 
nor  indostry  would  have  been  vranting,  in  &e 
then  mimstry,  to  find  out  the  autborof  that 
letter,  m  order  to  a  foil  discovery  of  that 
dBr»  wbitii  in  itealty  md  tha 


lS9i]  STATB  TRIALS,  96  Cbaalu  II.  l(84.-.7ritf/  ^  BraddtmandSpeke,  [m 


thereof,  wa«  one  of  ^  most  treacheroiu  and 
tMrborous  eroehies  that  was  erer  recorded  in 
Great  Britaio's  annals. 

J  haTe  great  cause  to  believe, .  that  king 
Charles  the  second  was  never  informed  of  this 
letter,  lor  I  have  many  particular  circumstances 
which  strongly  prove,  that  his  then  majesty 
was  not '  made  privy  to  that  black  contrivance 
^  my  lord's  murder ;  for  you  will  hereafter 
find  that  king  Charles  the  second  did  intend  to 
have  bad  the  earl  of  Essex's  murder  fully  dis- 
covered, in  order  to  which  king  Charles  would 
have  pardoned  one,  or  more,  of  the  uuder- 
actors,  in  order  to  have  made  a  full  discovery 
«f  the  principal  authors  of  that  murder,  though 
king  Charles  the  second,  out  of  natural  affec- 
tion to  his  brother,  the  then  duke  o]f  Yorlc, 
would  have  removed  that  duke's  person  from 
the  danger  of  sufiering,  what  his  guilt  therein 
had  juray  deserved,  and  therefore  the  then 
king  would  have  obHged  that  duke  to  travel, 
« before  king  Charles  bad  ordered  a  melius  in^ 
*  qoirendum'  into  the  murder  of  this  unfortunate 
lord ;  for  his  majesty  did  declare  to  the  then 

•  lord  Allington  (not  many  days  before  his  on- 
timely  death)  that  his  majesty  would  make  a 
strict  inquiry  into  my  lord's  death.  But  of  this 
I  shall  (in  the  dose  of  this  discourse)  give  a 
more  [^rticnlar  account,  and  upon  what  occa- 
sion, kmg  Charles  had  come  to  tnat  resolution  in 
relation  to  the  discovery  of  my  lord's  murder. 

'  Some  short  time  after  the  secret  committee 
of  lords  was  appointed  to  inquire  into  my  lord's 
death ;  Paul  Bomen^  before-mentionedf  being 
in  France,  writ  to  sir  Henry  Capel,  my  lord 
Bssex's  brother,  and  did  assure  nis  honoiur, 
that  would  his  circumstances  have  enabled 
him  to  be  at  the  charge  of  coming  into  Eng- 
land, he  would  soon  come  to  England,  and  do 
my  lord's  family  all  the  service,  within  his 
power,  in  relation  to  his  lordship's  death.  But 
if  sir  Henry  Capel  would  remit  him  money  to 
fvurnish  him  with  what  was  necessary  for  such 
his  return  into  England,  he  Mould  (soon  after 
such  remittance)  come  to  London,  and  wait 
upon  his  honour.  Sir  Henry  Capel  shewed 
me  this  letter,  and  then  declared  that  he  would 
remit  to  Bomeny  a  sum  sufficient  for  his 

•  coming  into  England.  But  I  then  told  sir 
Heqry  Capel,  that  Bomeny  had  lived  in  France, 
for  several  years,  a  profest  papist,  and  might 
therefore  be  presumed  to  be  under  the  direc- 
tion of  his  pnest ;  and  I  could  never  believe 
that  any  Romish  priest  would  permit  Bomeny, 

•  to  make  a  full  discovery  of  my  lord's  murder; 
•eeing  such  a  detection  would  be  very  destruc- 
tive of  the  popish  interest.  But  sir  Henry 
declared  he  would  remit  the  money,  and  run 
that  hazard.  And  sir  Henry  did  afWrwards 
tell  n^e  that  he  did  remit  Bomeny  the  monev 
accordingly.  But  after  that  remittance,  sir 
Henry  £apel  never  h«urd  of  either  Bomeny, 
or  money  remitted.  I  shall  now  give  some 
account  of  one  John  Holland,  who,  to  an  inti- 
mate friend,  had  dedared  that  he  was  one  of 
those  wha*  cut  my  lord  of  Essex's  throat,  and 
Miat  it  was  done  with  a  r^y  large  knifej  aqd  he 


did  then  mfbrm  his  fViend,  bow  he  came  to  be 
engaged  in  that  service,  and  the  reUtion  which 
Hottand  then  gave,  was,  in  substance,  as  fd- 
loweth  (wiz.) 

*  Holland  some  short  time  before  my  lord's 
death,  waiting  upon  a  certain  great  lord,  aod 
then  a  minister  of  state,  and  in  whose  familjf 
he  had  for  some  time  been  a  servant,  his 
lordship   seemed    very  much   discomposed. 
Whoreupon  Holland  then  told  his  lordslup, 
that  if  bis  waiting  upon  bis  honour,  had  lo 
discomposed  liim,    be    would  immediatelj 
withdra^v.    No,  said  bis  lordship,  I  am  not 
angry  with  you  ;   but  ^m  very  mush  coo- 
cemed  to  think,  that  of  the  many  serranta, 
whose  fortunes  I  have  raised,  there  is  not 
one  of  them,  whom  I  can  trust,  or  that  will 
serve  in  such  an  aflTair,  wherein  I  would  em* 
ploy  him,  or  words  to  that  effect    Where- 
upon Holland  declared  to  his  lordship,  that 
he  would  faithfully  and  punctually  obey  his 
lord's  commands,  in  whatsoever  was  within 
liis  power  to  perform.    Whereupon  that  lord 
discovered  to  Holhind  the  desiflroed  death  of 
the  earl  of  Essex,  and  would  have  Holland 
to  be  therein  principally  concerned ;  to  which 
the  said   HoUand  readily  consented ;  and 
Holland  declared  that  they  cut  the  lord  sf 
Essex's  throat,  with  a  large  knife,  for  that 
purpose  bought.    And  Holland  did  farther 
inform  his  nriend,    that  some  people  bad 
been  made  away,  for  prating  of  what  thej 
knew,  in  relation  to  my'  Icird's  death,  test 
they  should  make  a  discovery  of  my  lonTs 
murder. 

*  This  very  Holland  was  aflerwards  the 
principal  person  concerned,  in  contriving,  and 
robbimr  one  doctor  Gatford,  to  the  value  of 
some  hundred  of  pounds.  For  which  rob- 
bery the  said  Holland,  and  doctor  Gatfonlli 
maid,  and  one  Davis,  were  committed  to  New- 
gate. But  whilst  Holland  was  there  a  pri- 
soner, he  was  very  merrj%  and  was  ahnoit 
daily  visited  by  that  noble  lord's  secretary, 
who  had  (as  before-mentioned)  enga^  Hoi- 
land  in  my  lord's  murder.  And  notwithstand- 
ing Holland  well  knew,  that  the  evidence 
against  him  for  that  robbery  was  very  fall, 
and  that  he  had  just  cause  to  believe  heshould 
be  convicted.  Yet  the  said  Holland  told  soise 
of  his  most  intimate  acquaintance,  that  he  was 
sure  not  to  suffer  as  long  as  my  lord  — — hath 
any  interest  at  court.  And  that  he  was  far- 
ther assured,  that  he  should  never  want  mo- 
ney as  long  as  that  lord  lived.  And  that  bis 
lordship  had  sent  him  sixteen  guineas,  as  soon 
as  he  heard  of  his  commitment  to  Newgate. 

'  Major  Richardson  (then  keeper  of  New- 
gate) did  inform  the  lords  of  the  first  genenl 
committee,  appointed  to  inquire  into  jooy  lord's 
death,  that  when  he  (the  said  Richardsoa) 
was  told,  by  his  under  keeper,  that  such  s 
lord's  secretBry  did  almost  daily  visit  this Hol- 
Jand,.  and,  as  Holland  boasted,  by  bis  lord- 
ship's order,  and  furnished  him  with  mooey 
whilst  Holland  was  prisoner  for  the  said  rob- 
bery :   That  the  major  told  that  seattsiyi 


1293]        STATE  TRIALS,  36  Ch ABLBS  II.  l6^4.—/&r  «  MUdmeanwr.        [1 204 


*  that  his  lord^ip's  honour  was  exposed,  bv 

*  appearing^  so  much  conceroed  for  such  a  vif- 
*•  tain,  a  greater  than  which  I  oever  had  (said 

*  the  major)  in  my  custody,  since  keeper  of  this 

*  ptace.      But  that  secretary  then  pretended, 

*  that  his  lord  was  much  concerned  for  Uol- 
^  land,  because  the  said  Holland  had  for  some 

*  time  waited  upon  his  lordshio's  eldest  son. 

*  Upon  the  trial  of  Holland,  l>ft?is,  and  the 

*  servant  maid,  for  this  robbery,  by  the  evidence 
'  it  appeared  that  Holland  had  debauched  the 
'  maici,  and  afterwards  prevailed  with  her  to 

*  (M>nsent  to  the  robbing  of  her  master,  of  all  the 

*  doctor's  plate  and  money  (then  in  the  house) 

*  and  what  else  was  easily  portable  and  valua- 

*  ble.  And  that  this  Hollsuid  did  also  prevail 
'  with  the  said  Davis  (who  was  a  gentleman's 

*  son)  to  be  concerned  in  the  robbery.  Upon 
■  the  trial,  all  those  tbi-ee,  (viz.)  Holland,  Da- 
'  Tis,  and  the  maid  servant  were  convicted. 

*  And,  notwithstanding,    upon    that    trial,  it 
'  *  plainly  appeared,  that  this  Holland  wis  the 

*  principal  contriver  of  that  robbery,  and  that 
^  his  other  two  accomplices,  were  by  Holland 

prevailed  upon  to  be  his  coadjutors  in  that 

<  robbery ;  yet  this  principal  author,  and  actor 

*  therein,  was  pardoned,  and  his  two  under- 

*  strappers  were  executed,  for  the  same. 

'  And  when  doctor  Gatford  found,  that  Hol- 

*  land's  great  bterest  at  Whitehall  had  pro- 

*  cured  hu  pardon,  the  doctor  then  (in  an  after 

*  sessions)  moved  the  court,  at  the  Old  Bailey, 
'  that  he  might  chaige  the  said  Holland  with 

*  an  action,  for  what  he   had    robbed  him. 

*  Which  being  granted,  Holland  was  accord- 

*  inglv  charged  with  an  action  of  some  hun- 

*  dneds  of  pounds,  at  the  said  doctor's  suit. 
*^ Whereupon  Holland  removed  himself  to  the 

<  Kin^s-Bench  orison  ;  from  whence  (in  term 

*  time)  he  had  liberty  to  go  abroad  with  a 
'  waiter,  and  one  John  Waytis,  (then  a  waiter, 

*  belonging  to  the  King's- Bench  prison)  did  ge- 

*  neralW  attend  upon  Holland,  when  he  went 

*  abroad  upon  his  rule.  And  that  very  John 
'  Waytis  hath  sw.crn,  thai,  he  did  often  go  with 
'  Holland  to  my  lord ,  and  as  soon  asHol- 

*  land  sept  his  name  to  hb  lordship,  he  was  im- 

*  mediately  admitted :  and,  upon  coming  from 

*  his  lordship,  he  dici  (several  times)  show  the 
«  said  Waytis,  many  ^^uineas,  which  the  said 

<  Holland  pretended  his  lordship  had  given 
<hini.  Whereupon  the  said  naytis  asked 
'  Holland,  how  that  lord  came  to  be  so  kind  to 

*  him  P  whereupon  the  said  Holland  answered, 
*^withhis  usual  phrase)  Damn  him,  I  have 

*  oone  that  for  his  lordship,  that  he  durst  not 

*  do  otherwise. 

<  And  the  said  Waytis  did  farther  depose, 
f  that  one  day  telling  the  said  Holland,  thai  it 
■  was  whispered  about, 4hat  the  earl  of  Essex 
'was  murdered,  the  said  Holland  then  said, 
'  Damn  him,  it  was  not  a  farthing  matter,  if 
'  twenty  such,  were  so  taken  off.*^ 

He  Uiat  thought  twenty  such  as  my  lord 
ought  so  to  be  taken  off,  would  not  much 
boggle  at  the  being  eoncerned  in  Uia  monler- 
Ing  of  one. 


This  Holland  was  afterwards  concerned  witfi 
another,  in  the  murdering  an  officer  of  the 
Compter,  of  London,  for  which  murder,  Hoi-* 
land  and  his  accomplice  fled  beypnd  seas.  An<) 
thereupon  they  were  both  prosecuted  to  an  out- 
lawry for  that  murder.  But  whether  this  Hd^ 
land  be  now  living  I  cannot  tell. 

I  shall  now  contract  the  material  prooft  beibit 
mentioned,  to  prove  that  this  great  patriot  was 
barbarously  murdered.  But  I  shall  first  g^ve  a 
brief  relation,  of  what  was.swom  before  the  ooro« 
ner  by  one  of  my  lord's  warders  and  aervantr 
to  prove  the  (oretended)  self-murder.  And  the 
substance  of  tneir  evidence  declares,  that  a  r%i 
zor  was  delivered  to  my  lord  to  pare  his  nails, 
that  with  that  razor  he  retired  into  his  closet, 
and  locked  his  closet  door,  and  less  than  half  ai| 
hour  after  that,  the  door  was  opened,  and  my 
lord's  body  there  found,  witli  his  throat  cut,  and 
that  razor  lying  by  the  body.  But  if  it  apj^ear, 
that  what  was  thus  sworn,  to  prove  my  lord 
fsla-de-u,  is  an  intire  forgery  throughout,  thai 
done  will  be  sufficient  to  prove  this  barbaroue 
murder:  For 

No  man  ^ver  swore  a  premeditated  lie,  wheft 
a  truth  would  serve  his  turn.    And 

No  man  ever  swore  a  premeditated  lie,  but 
to  conceal  scsje  material  truth.  If  therafore 
what  was  as  before  sworn,  to  prove  the  pre- 
tended  self-murder,  be  a  premeditated  lie 
throughout,  that  lie  was  then  sworn  to  conceal 
those  material  truths,  which,  if  discovered, 
would  have  proved  this  barbarous  murder.       r 

That  those  warders  and  servant,  who  would 
have  proved  my  hrd/elo-de'se^  have,  for  that 
purpose,  sworn  what  is  false,  in  every  material 
part  of  their  evidence,  doth  plainly  appear  from 
this  one  consideration  or  maxim  relating  ia 
proofs,  viz. 

^When  two  or  more,  who  pretend  to  be  co- 
witnesses  to  a  fact,  shall  C9ntradict  one  ano- 
ther, in  some  material  circumstances,  relatiag 
to  that  fact,  those  contradictions  strongly  con- 
elude,  that  they  have  sworn  falsely. 

Now  my  lord's  two  warders  and  servant  have 
materially  contradicted  each  other,  in  their 
proofs,  for  the  (pretended)  self-dauKler :   This 
j;»lainly  appears  oy  comparing  what  they  have , 
sworn,  or  oeclareff  in  relation  thereunto.    For 

Bpmeny  first  swore,  that  be  delivered  to  my 
lord  this  razor  about  eight  of  the  clock  in  tha 
morning  my  lord  died;  but  vrithin  an  hour 
MVer  that,  Bomeny  in  his  second  information 
swears,  that  he  delivered  this  razor  to  my  lord 
on  Thursday,  being  the  day  before  his  lord'e 
death.    And 

Monday,  one  of  my  lord's  wardens,  on  the 
day  my  lord  died,  declared  to  some  of  his  ac- 
quaintance, who  have  sworn  it,  that  he,  first 
standing  warder  at  my  lord's  chamber  door,  this* 
morning  on  which  he  died,  saw'  my  lord  have 
this  razor  in  his  hand,  and  therewith  scraping 
his  nails,  as  soon  as  my  lord's  chamber- door 
was  opened,  and  two  hours  before  Russel,  that 
morning,  stood  warder  at  my  lord's  chamber- 
door.    But 

Russel  hath  twom  that  he  standing  warder 


litps]  STATE  TRIALS,  36  Charlbs  li.l6H.^Trki^Brai4MmiiSpdce,  (it^ 


ftt  njr  lord's  chamberHloor  after  Monday  went 
domi  irtairt,  aavr  Boraeny  deli?er  this  razor  to 
my  lord,  not  halFati  hour  before  thfty  ibund  my 
lora  dead  in  the  closet. 

Tb6se  oontradictioDS  (relating  to  the  delivery 
of  this  nuEor  to  my  lord)  strtmgly  prove,  that 
no  such .  razor  was  'dehrered  to  my  lord,  ^whilst 
a  priaonerin  thr  Tower. 

I  shall  in  the  next  place  observe  the 
contradictions  of  those  witnesses  for  the  pre- 
tended self-murder ;  as  to  the  first  opening  the 
closet  door,  after  my  lord's  death :    For, 

Bomeny  first  swore,  that  abont  half  an  hour 
after  he  delivered  to  my  lord  this  razor,  be 
came  up  to  my  lord's  chamber,  and  my  lord 
being  in  the  closet,  Bomeny  km>cked  at  the 
Moaet-door,  calling  several  times  my  lord  !  my 
lord !  bat  he  not  answering.  Bomeny  there- 
linon  pushed  the  door  a  little  ojijen,  and  tnen  saw 
his  lord  lying  all  at  length  on  the  ground  in 
hia  blood,  and  the  razor  near  him  on  the 
fraond.    But, 

Bomeny  in  his  second  inibrmation,  which 
(with  the  assistance  of  his  tutors)  he  writ  in  the 
room,  next  to  the  coroner's  jury,  liwears,  diat 
after  he  hitd  several  times  knocked  at  the 
dostl-door,  and  my  lord  not  answering,  he 
took  np  the  hangings,  and  looking  throuc^  the 
chink,  be  saw  blood,  and  part  of  the  razor. 
Whereupon  he  called  the  warder  Russd,  who 
did  then  first  push  the  door  open. — Bnt 

Monday  declared  (the  day  my  loni  died,  be- 
fore two  of  his  friends,  who  have  sworn  it^  that 
my  krd's  body  lay  so  dose  to|  and  heavy 
a^rinst  the  doaei-rfoor,  that  neither  Bomeny 
nor  Rus$el  eodld  open  the  closet-door,  but 
that  he  being  much  stronger  than  eitiier  of 
fliett,  did  put  hia  shoulders  against  the  door, 
and  thrustme  with  all  his  strength,  he  re- 
moved the  bffiy,  and  puahed  the  door  dpen,— 
Whereas 

Ros^l  hath  sworn,  that  he  first  opened  the 
doaet-4oor,  the  kev  being  on  the  outside^  and 
mentiotis  no  difficolty  tiierein,  'from  my  lord's 
tody  then  lying  agamst  the  door,  as  Jnonday 


These  oonttadietions,  between  these  three 
iritneaseB,  as  to  the  first  opening  tfaedoset- 
door,  after  my  lord's  death,  do  condude  that 
the  doset-door  was  not  locked,  when  diose 
iritaesses  first  saw  my  lord  deadin  the  closet. 
»^But  as  a  farther  proof,  that  this  closet-door 
tieither  was,  or  cooul  be  locked  npon  my  lord's 

TWo  witnessm-  have  deposed,  that  upon  the 
first  discovery  of  my  lord's  death  by  his  wkr- 
ders,  to  those  not  pnvy  thereunto,  they  ran  op 
stairs  into  my  lord's  diamber,  and  then  saw  my 
lord's  body  lying  in  the  closet,  hot  his  l^  with  • 
tmt  the  closet,  and  that  Bomeny,  Monday  and 
Kiiaaet  then  declared,  That  was  the  very 
poakora  wherein  they  first  found  my  lord  dead. 

And  whereas  it  was  sworn  before  the  coro- 
ner, by  Bomeny  and  Rossel,  that  the  razor 


was  lying  in  the  doiet  by  the  body,'  when  my 
lord's  death  was  by  them  first  discovered— I 
AilliMiwditprovii  dnt  ptrt  of  their  evidence. 


and  shew,  that  this  razor  was  laid  by  the  bedv 
in  the  doset,  as  the  pretended  instrumeat  cf  lut 
death,  after  my  loitl's  assassinates  had  mv- 
dered  his  lordsnip,  with  a  large  knife,  moek 
fitter  fi»r  that  viUainoas  pnrpoae,  than  tbii  rmt 
could  be. — For 

Two  witnesses  have  sworn,  Hat  Ihev  ww 
a  bloody  razor  thrown  ont  of  my  lord's  ditah 
ber  window,  [which  is  Ifi  fi>ot  distant  frsn  isy 
lord's  doset^  before  it  was  discovered  to  uj 
out  of  thatliouse,  that  my  lord  was  dead.  Am 
that  the  maid,  when  she  carried  diat  rszor  vp 
stairs,  into  my  lord's  chamber,  then  cried  M 
murder !  murder !  several  times,  and  thochy 
first  discovered  my  lord's  death,  to  those  oat  «f 
the  house.  Aod  six  witnesses  have  ^woro,dnt 
those  two  informants,  r^ated  this  natter  rf 
the  razor's  bring  ao  thrown  out  of  the  wiadoifj 
as  soon  as  they,  that  dinr,  returned,  to  dieir 
leapective  habitations.  And  tfiecentinel,aiw 
stood  at  my  lord's  lodging,  confest  that  be  nw 
the  Moody  razor  thrown  out.  And  WebHer 
(one  of  te  supposed  ruffians)  confost  tbit  k 
himself  threw  it  out.  And  several  other  nl- 
dim  (then  in  the  Tower)  have  sworn,  dnt,  ii 
the  morning  of  my  lord's  death,  it  was  gescr- 
nerally  disconned  in  the  Tower,  thatansor 
was  thrown  out  of  my  lordls  chamber  wiailov, 
and  carried  mtothe  house  byfiiemsid,  who 
to^  it  up.^And  there  were  several  greit 
knotches  m  the  razor ;  and  paiticohrly  «• 
very  large  knotch  at  the  pmnt  of  the^rtsor; 
which  knotches  were  occasioned  by  the  nxon 
fidlin^  upon  some  stones,  when  thrown  out  of 
the  window.  So  that  after  the  maid  carriedop 
the  razor  to  my  lord's  diamber,  aome  of  tiw 
confederating  murderers  laid  that  razor  in  dn 
closet  by  the  body,  and  it  was  then  to  be  gircn 
out,  that  with  this  razor  my  lord  cut  bis  ova 
throat, 

I  hope  every  importfal  and  iudidous  rttiff 
will  find,  that  I  have  disproved  eveiy  mateml 
part  of  what  was  sworn  by  B<mieny  aad  Ru- 
ael,  before  the  coroner,  to  prove  the  prete&dei 
self-murder,  (viz.)    <  Hiat  tbare  was  a  itsor 

*  ddivered  to  my  lord  to  para  his  naib,  tkit 
<  with  that  razor  he  retffed  into  his  dose-fllooi 

*  doset,  and  there  locked  himself  in.   Tbit, 

*  upon   opening  that  closet-door,  my  lord^ 

*  body  was  th«re  found,  with  his  throat  att 

*  and  that  razor  lying  by  the  body.' 

If  therefore  tiiose  two  perjurod  informasti, 
before  the  coroner,  have  sworn  fakly,  to  change 
my  lord  with  the  self-murder,  it  was  swore  bj 
them  to  protect  themselves,  and  their  mnider- 
ing confederates, fifom justice:  for havioi^ beet 
hired,  by  the  duke's  agents,  barharoosly  to 
murder,  first  the  person,  and  then  the  boDOUT) 
of  that  great,  but  unfortunate  lord.    For, 

Floyd,  &e  centind  at  my  lord's  lodpngSt 
bang  taken  up^  1688,  as  sospected  to  bepnry  t« 
my  lord's  murder,  did  then  confess  to  a  gwe* 
man  and  afterwards  to  the  justice,  and  sAff 
that  to  the  Secret  Committee  of  Lords,  and  hit 
of  all,  whilst  a  prisoner  in  Newgate,  he  ooa- 
foat  to  an  intimate  aoouaintence,  one  TeopA 
a  batcher,  that  by.  order  of  major  tki^}  * 

1 


097]         STATE  TRIALS,  sSCharlks  II.  l684^-^  a  MUdemeancr.        [iQgn 

fore  my  lord's  ^eath,  overheard  at  her  said 
master's  house,  some  of  those  Terv  papists 
d^are,  that  it  was  resolved  the  earl's  throat 
shonid  be  cot,  bnt  it  should"  be  given  out,  tiiat 
my  lord  did  it  himself,  a&d  if  any  should  assert 
the  contrary,  he  should  be  taken  up  and  pa-> 
nished  for  it.  And  she  did  ikrther  depose  that 
the  day  my  lord  died,    some  of  those  very 

Kapists,  met  the  third  time  at  her  said  master's 
ouse,  and  then  and  there  declared  to  her  said 
master,  that  they  bad  that  morning  cut  the 
said  earl's  throat,  and  that  they  could  not  but 
laug^h  to  think,  how  tike  a  fool  the  earl  of  Esses 
looked,  when  they  came  to  cut  his  throat 
And  this  deponent  did  farther  declare,  that 
soon  after  the  said  earl's  death,  she  told  one 
Mr.  Billii^r  (with  whom  she  had  before  lived 
as  a  servant)  that  she  was  mightily  troubled  to 
think,  that  my  lord  of  Essex  should  be  falsely 
charged  with  murdering  himself,  when  she 
had  (as  above  related)  heard  the  papists  declare 
how,  and  by  whom,  the  said  muruer  was  con- 
trived, and  afterwards  with  great  joy  confessed 
by  some  of  those  very  ruffians,  who  did  it, 
liut  the  said  Mr.  Billioger,  then  advised  this 
informant,  not  to  discover  what  she  ha^  as 
before  overheard,  least  her  talking  thereof 
might  occasion  her  own  death.  But  this  de- 
farther  declared,  that  i^e  was  very  much 
troubled  that  she  could  not  with  saletv  discover 
this  matter  to  some  magistrate.  But  several 
persons  in  whom  this  deponent  did  put  gr^t 
confidence,  and  to  whom,  in  king  James'/i 
reign,  she  discovered  what  is  above  by  her 
dedared,  did  all  of  them  advised  this  informant 
not  to  npeak  of  it,  whilst  the  popish  interest 

fovemed  us,  for  such  her  discourse  would  ha 
er  ruin.  Seven  witnesses  have  deposed,  that 
in  king  Charles  the  Second's,  or  king  James 
the  Second's  reign,  the  said  informant  did,  in 
substance,  relate  to  them,  what,  as  above  was 
by  her  heaoti  at  Holmes's  house,  relating  to 
jm^  lord's  murder,  and  that  they  did  advise  the 
said  deponent,  not  to  talk  thereof,  lest  she 
might  thereby  both  ruin  herself,  and  some 
others  to  whom  she  might  make  such  a  dis- 
covery. 

And  whereaa  the  said  Dorothy  Smith,  did  de- 
pose that  she  lived  a  servant  with  the  said  Mr. 
Holme*,  some  time  before,  and  continued  there, 
till  after  my  lord's  death.  To  invalidate  this 
evidence,  one  Dorothy  Hewit,  a  violent  papist 
and  sister-in-law  to  tne  said  Holmes,  did  de- 
pose that  the  said  Dorothy  Smith,  in  April  he- 
tore  my  lord's  death,  was  turned  out  of  that 
service,  for  a  supposed  theft.  And  one  Eliza- 
beth Gladman,  (who  appeared  to  be  of  a  loose 
character)  did  depose,  that  she,  in  April  next 
before  my  lord's  death,  came  a  servant  to  the 
said  Mr.  Holmes,  and  continued  in  that  service, 
for  some  time  after  my  lord's  death.  But  in 
contradiction  lo  those  two  informations  of 
Hewit  and  Gladman ;  eight  witnesses  have 
deposed  (on  behalf  of  Dorothy  Smith)  that  the 
said  Dorothy  Smith  was  a  servant  with  the 
said  Holmes  long  afler  April,  1688,  and  con- 
tinued in  that  service  about  the  ead  of  Essex's 
40 


of  my  lord's  warders,  he  let  two  or  three 
leD,  into  my  lord's  lodgbigs,  a  little  before  my 
ird'fi  death,  and  that  major  Webster  was  one 
f  thane  men ;  and  that  they  went  up  stairs, 
ito  Oky  lord's  chamber,  and  immediately 
heteapon*  this  Floyd  heard  a  great  trampling, 
n  my  lord's  chamber,  and  some  noise  like  the 
all  of  a  man's  body.  And  that,  some  time 
.Her  this,  it  was  declared,  bv  my  lord's  waixJers, 
hat,  my  lord  of  Essex  had  cut  his  throat  witli 
i  mzor.  But  this  very  centinel  did  declare  to 
be  ahove  friend  of  his,  that  his  said  confession 
lid  trouble  his  conscience,  for  (hough  it  was  all 
me,  yet  he  should  not  h^ve  confest  it. — This 
rouble  in  conscience,  of  this  centinel,  might 
nobahly  be  occasioned,  by  some  villaiooos 
lath  of  eecrecy,  and  entered  into  by  the  con- 
federating  murderers,  (and  such  as  the  Gun- 
lowder  traitors  had  taken)  not  to  discover  any 
:hinr  relating  to  that  mnrder.    And 

Whilst  these  three  assassinates  (as  above  let 
n  by  the  soMier)  were  struggling  with  his 
lordsiiip,  one  Martha  Batscomb  was  then 
itgnding  near,  and  over  against  my  lord's 
chamber  window,  and  then  saw  and  heard  in 
my  lord's  chamber,  four  men  strugglbg  to- 
getber,  and  heard  one  of  those  four  cry  out, 
very  dolefully,  murder !  murder !  mnrder!  And 
&is  last  informant  did  depose,  that  she  did  not 
ko  oat  of  sight  of  my  lonl's  chamber  window, 
before  it  was  given  out,  by  my  lord's  warders, 
that  my  lord  n  Essex  had  cut  bis  throat  And 
this  last  deponent  did  farther  swear,  that  the 
day  of  my  lord's  death,  or  the  da^  next  af  ^er 
that^  she  did  inforin  one  Mr.  Ptokins  of  what 
what  she  had  (as  before  related)  seen  and  heard 
ID  the  Tower,  and  the  said  Mr.  Perkins  then 
advised  her  to  be  therein  silent ;  lest  those, 
who  had  murdered  my  lord,  might  also  murder 
her,  to  prevent  the  discorery  of  my  lord's 
murder,  and  the  said  Mr.  Perkins,  before  the 
Secret  Committee,  did"  depose,  that  the  said 
Batscomb  did  give  him  such  a  relation  as  she 
hath  as  above  swem,  and  that  this  informant 
did  then  advise  her,  not  to  discourse  such  her 
knowledge,  relating  to  my  lord's  death,  as  long 
as  the  Papist  interest  was  so  prevalent  at  court, 
as  it  did  tnen  appear  to  be. 

And  by  the  following  information  it  will  ap- 
pear, that  by  some  of  the  then  duke  of  York's 
ajpents,  those  three  assassinates  were  hired  to 
murder  his  lordship.    For 

•  It  is  sworn,  by  one  Dorothy  Smith,  that 
ten  days  before  tny  lord's  death,  several  papists 
met  at  one  Holmes's  house  in  Baldwin's  gar- 
dens, with  whom  the  said  informant  was  then 
a  servant,  and  then  and  there  were  overheard 
by  this  informant  to  declare,  That  the  earl  of 
fiiwex  knew  so  much  of  their  designs,  and  was 
so  very  averse  to  their  interest ;  that  he  must 
therefore  be  taken  ofi*.  And  those  papists  did 
tben  and  there  farther  declare  that  they  had 
been  with  his  highness  (the  then  duke  of  York) 
•ad  that  his  highness  had  ordered  the  earl  of 
Essex's  throat  shouldcbe  cut,  and  his  highness 
had  promised  to  be  there,  when  it  was  to  be 
dope.  And  this  informant  about  six  days  be- 
veL.  IX. 


1299]  STATE  TRIALS,  36  CH^atfiS  IL  le^l.-^Triid 0/ Braddcn  amdSpAt,  [1300 


death,  ahd  some  of  those  bare  deposed,  that 
the  said  Dorothy  Sinith  cootinued  in  that  ser- 
iriee,  tiil  some  time  after  the  earl  of  Essex's 
death.    And  whereas  the  said  Dorothy  Sinith 
did  depose,  that  the  day  of  my  lord's  death, 
her  said  master  was  at  his  own  house,  and  theii 
and  there  was  informed  by  one  of  the  assassi- 
nates, that  they  bad,. that  very  morDtiig,  cut 
toy  lord's  throat ;  to  invalidate  thai  part  oi'tfae 
said  Smith's  evidence,  the  said  Dorothy  Hevflt, 
the  papist,  did  depose,  that,  the  weeJc  before 
roj  lord's  death,  she  went  into  the  country, 
wjth  the  said  Holmes,  and  staid  with  him-m 
Warwickahire,    till  the  S9th  of  July,   168S. 
But  in  contradiction  to  Hewit,  ataylorhath 
deposed  before  the  secret  committee,  that  in 
July,  1683,  he  lived  very  near  to  tlie  said 
Airs.  Hevit,  and  tlra't  the  very  week  my  lord 
died,  he  carried  to  the  said  Mrs.  Hewit,  a  dust 
gown,  which  he  then  made  for  her,  and  then 
tried  it  on,  at  her  house,  and  the  said  Dorothy 
Hewit  then  (the  very  week  my  lord  died)  told 
this   deponent,    that   she   with    her   bi'other 
Holmes  was  shortly  to  go  into  the  country. 
But  how  long  ai^er  my  lord's  death,  the  said 
HewH  continued  in  tlie  town,  before  she  0ok 
|he  journey,  theaaid  informant  could  not  tell. 
And  this  informant  did  then  pi-oduce  before  the 
bocret  committee,  his  day  book,  wherein  it  did 
appear,  that  the  dust-gownwas delivered  to  the 
aaid  Hewit^about  the  tuA  of  that  week  my  lord 
dieil.    And  that  informant  did  depose  that  entry 
wjBs  true.    And  the  said  Holmes's  wife,  and  the 
'  said  Doroth  V  Hewit,  her  sister,  having  heard 
tliatthis  taylor  had  given  such  information,  as 
aforesaid,    they  thereupon  went  to  the  said 
'  tavlor^s  house,  and  desirpd  to  see  his  book, 
wherein  the  said  etifry  was  made ;  which  book 
the  said  taylor  then  shewed  ^  them,  and  then 
told  them,  that  he  had,  and  could  swear  that 
the  said  Hewit  was  in  town  the  week  the  earl 
of  Essex  died.     Whereupon  the  said  Hewit 
then  told  that  taylor,  tbat  if  he  proved  hertMl 
in  lotvn,  he  would  thereby  prove  her  brother 
Holmes  to  be  in  town,  the  dsiy  my  lord  died, 
and  her  brother  would  be  then  banged,  and  his 
blood  would  lie  at  the  said  taylor's  door. 

Note,  the  said  Holmes  was  taken  into  cus- 
tody, in  king  William's  reign,  some  4?hort 
time  after  the  discovery  of  the  Assassination 
Plot  And  the  said  Holmes  was  then  charged 
with  saying,  that  '^  Tiie  best  way  of  taking  off, 
the  witnesses,  that  proved  tbat  Plot,  would  be 
io  cut  their  throats. ' ' 

Now  the  defence  of  Holmes,  against  the 
charge  of  Dorothy  Smith,  appears  to  be  false, 
in  every  material  part  of  the  defence.  And 
whensoever  the  defence  of  a  criminal  appears 
to  be  false  (as  in  the  case  of  Holmes  it  apj>ears 
to  be)  the  .same  couchifles  his  charge  is  true. 
The  law  concludes  the  Rauie  in  all  civil  airtions, 
for,  if  the  defendant's  plea  be  good  in 
law,  but  false  in  fac^t,  a^d  thereupon  the 
plaindflf  and  defendant  join  .a  issue.  If  the 
jurv  find  the  plea  to  be  false^  jthey  must  then 
fioafor  the  plaintift',  and  the  cou^jgaust  there- 
tijHMX  give  judgment  accordingly^ 


And  as  a  farther  oonfinintion  of  Bonlkj 
Smith's  evidence,  as  to  the  dnke's  leaolfiif, 
even  before  my  lord's  commitmeBt,  tbit  hn 
lordship's  threat  should  be  out,  it  was  depoi- 
cd  before  the  secret  committee,  that  in  the 
morning,  on  the  tlth  of  July,  1663,  whidi 
was  tlie  very  morning  next  after  myloi^i 
cotnraitmeot,'  it  was  reported  at  Frome  ia  So- 
mersetshire, an  hundred  miles  from  Lomko, 
that  the  earl  of  Essex  had  cut  his  throat  ia  Ik 
Tower.    And  it  was  likewise  swoni,  befoe 
the  secret  .committee,  that  gn  the  said  Wed- 
nesday morning,  being  the  11th  of  July,  168S, 
it  was  reported  at  Andover  (about  60  miles  fion 
Ix>ndon)tbat  the  earl  of  Essex  had  cut  Ui 
throat  in  the  Tower,  when  the  king  sad  dab 
of  York  were  in  the  Tower.    Whereas  tbe  luag 
and  duke  did  not  go  to  the  Tower  until  die 
Friday  after  this  report  at  Andover.    Bot  this 
report  at  Andover,  the  next  momii^  afler  my 
lord's  commitment,  and  tivo  .days  l»efore  n^ 
lord's  death,  that  this  lord  had  cut  bis  tbmt 
in  the  Tower,  whilst  the  king  ami  duke  wen 
there,  doth  prove  that  the  then  duke  ftf  Yoik, 
even  befoi^  my  lord's  commitment,  bad  re- 
solved, that  by  some  artifice,  he  would  prenii 
with  his  then  majesty  to  go  with  his  highne* 
to  the  Tower,  that  very  morning,  when  tbe 
earl  of  Essex's  throat  was  to  be  cut.    AmI  it 
seems  very  probable,  that  one  of  the  deapi 
which  the  duke  ha4  by  the  kinfif's  beingf  tba 
in  the  Tower;  was  to  make  tne  said  tbita 
assassinates,  and  all  his  under-murderiag  con- 
federates, to  believe,  tbat  even  the  kiog  hiai- 
self,  as  well  as  his  royal  highness,  had  ordered 
the  said  earKs  throat  to  be  cut    And  tbe  didw 
well  knew  that  such  a  belief  in  his  under-tragi- 
cal agents,  would  give  them  the  greater  eocos* 
ragement  to  be  concerned,  in  this  tieicherom 
and  barbarous  murder.    But,  in  justice  to  the 
memory  of  king  Charles  tbe  Beooad,  I  AaSi 
give  the  reader  good  grounds  to  bdiere,  tint 
his  majesty  was  altogether  ignorant  of  that 
designeit  and  barbarous  murder* 

In  short,  eight  witnesses  have  depoied  be* 
fore  tlie  Secret  Committee,  that  before  ny 
lord's  death,  it  was  reported,  in  several  parts  a 
England,  I'hat  the  earl  of  Essex  bad  cot  bii 
throat  in  the  Towei*.  Which  many  rejwts, 
previous  to  my  lord's  death,  that  toe  ear)  «f 
Essex  had  cut  his  throat  in  the  Tower,  raott 
originally  be  occasioned  by  some  correspood- 
ence  of  tne  confederating  murderers  in  Londoif 
with  their  country  confidants;  whereby  tboie 
bloody  coimtrj'  zealots  were  informed,  tbat  it 
was  resolved  my  lord  of  Essex's  lliroataho«M 
be  cut  in  tlie  Tower,  whilst  my  lord  Rasaefl  w« 
trying  for  his  lifb,  at  the  Old  Bailey,  but  gin 
out,  as  done  by  himself,  and  then  slTould  be  otj 
ried  to  the  Old  Bailey,  and  then  and  tbere  iwd 
by  the  kind's  counsel,  as  the  strongest  at^ 
ment  of  guilt  in  my  lord  of  Essex,  in  tbat  (pre- 
tended) treasonable  conspiracy,  wberciB  tbit 
unfj^unate  lord,  and  the  lord  Russell,  tbeoit 
the^r,  wei^  accused  as  accomplices.  ^ 
this  report,  before  my  lord  of  Ess^^s  deatb, 
was  probably  occaauDed^  by  the^uioof  off  ■? 


1501]         STATE  TRlALS/36Cii  AH LES  It.  l684.-t/br  a  MUdmeanar.        [1302 


lord  Rnssell'fl  trial,  from  Monday  the  9ih  of 
July,  to  the  Friday  then  following.  And  those 
country  Popish  corres^ndents,  believing*  that 
my  lord  Russell  was  tried,  when  his  trial  ^vas 
first  ordered,  and  that  my  lord  of  Essex's  throat 
was  then  cot,  and  being  too  big  with  that 
(to  them)  agreeable  news,  sfod  wiJling  to 
oblige  their  friends  therewitit,  t\'v\  therefore 
report  (two  days  before  my  lonPs  deatli)  that 
the  earl  of  Essex  had  cut  his  thruat  in  the 
Tower. 

And  as  a  farther  argument  of  my  lord's  be- 
ing murdered,  and  by  the  then  duke  of  York's 
order.  It  is  farther  sworn  by  three  witnesses 
before  the  Secret  Committee,  that  Robert 
Meak,  a  soldier  in  thfe  Tower,  that  morning 
my  lord  died,  about  two  o'clock  that  very  day, 
did,  in  Duke's  l*lace,  declare,  tliat,  whereas'it 
was  giv'en  oat,  that  the  earl  of  Essex  had  cut  his 
own  throat  in  the  Tower ;  the  said  Meak  was 
sure,  that  noble  lord  was  barbarously  murdered, 
bv  the  duke  of  York's  order :  For  (said  Meak) 
those  ruffians,  who  murdered  my  Ion),  weie 
seen  to  go  from  the  duke  to  that  lord's  lodg- 
ings a  little  before  my  lord's  death.  . 
'  But  the  said  Meak,  the  very  next  day  after 
my  lord's  death,  did  desire  those  three  in- 
formants, to  whom  Meak  had  made  such  dis- 
coTeiT  as  aforesaid,  not  to  mention  what  the 
nid  Meak  had  so  declared  to  them :  For  (said 
Meak)  if  it  should  be  known,  by  any  of  our 
officers,  that  I  have  discovered  so  much,  re- 
lating to  my  lord's  death,  I  shall  be  undone ; 
for  uis  very  rooming,  our  captain  called  seve- 
ral of  us  soldiers  together,  and  charged  us,  upon 
pain  of  death,  not  to  discover,  what  we  had  seen, 
or  heard,  in  contradiction  to  my  lord's  self- 
murder. 

Note.  If  I  was  theU  rightly  inlbrnaed  of  the 
name  of  that  captain  of  the  guard,  who  com- 
manded the  soldiers  to  this  silence— That  very 
captain,  was  afterwards  made  a  lord,  by  king 
James. 

And  sometime  after  Meak  had  made  such 
^isooveiy  of  my  lord's  murder,  be  told  those 
three  intbrmants,  he  vras  afraid  that  very  day 
he  should  be  murdered,  for  what  he  knew  re- 
lating to  my  lord's  murder :  For  (said  Meak) 
I  have  this  day  observed,  that  I  am  dogged,  by 
two  or  three  strange  and  suspicious  iellows. 
And  the  said  Meak,  the  very  next  morning 
after  that,  was  found  dead  in  the  Tower- 
ditcb,  and  just  over-against  the  said  maior 
Webster's  house,  which  stood  very  near  that 
ditch. 

And  Meak  was  not  the  only  soldier,  who, 
^  the  very  dav  of  my    lord's  death  so  ft'ee- 
ly  discoursed  of  my  lord's  being  murdered. 
For  one  Ruddle,  another  soldier  in  the  Tower, 
-  tbat  momins^  my  lord  died,  in  Baldwin's  Qar- 
dtoshy  HoTbouro,  did  report  to  some  friends, 
who  befttre  the  Committee  have  sworn  what 
Raddle  then  declared,  viz.  That  the  lord  of 
Essex  was  that  day  most- barbarously  mur- 
dered, by  the  duke  of  York's  order :  For  (said 
Ruddle)  those   ruffians,  who  murdered  my 
loid,  1  saw  go  ftom  tfeie  doko  to  my  loird's 


lodgings  a  little  before  my  lord's  death,  and 
whitst  that  duke  continued  at  some  distance 
from  the  king ;  and  the  duke  did  not  return  to 
his  majesty  until  his  highness  had  notice  of  ray 
lord's  death.  And  tlie  said  Ruddle  thei^  de- 
clared, that  he  did  believe  that  so  barbarous 
and  barefaced  a  murder,  was  never  before  that 
tLoae,  in  England,  committed. 

And  tlie  said  Ruddle  was  afterwards  sent  a 
soldier  to  the  East  Indies,  and,  at  Fort  Ht, 
George,  was  shot  to  death .  But  for  what  caua^ 
he  was  shot,  J'  could  never  be  informed. 

And  one  John  Holland  confessed  to  a  friend^ 

that  he  himself  was  engaged  by  the  lord : 

to  be  concerned  in  cutting  the  earl  of  Essex's 
throat :  and  the  said  Holland  told  that  friend» 
that  several  persons  had  been  made  away,  for 
blabbing  what  they  knew,  relating  to  the  carl 
of  Essex's  death.  And  sometime  after  my  lord  - 
of  Essex  was  murdered,  the  said  Holland  pre- 
vailed with  a  maid  servant,  belonging  to  one 
Dr.  Gatford,  to  be  concerned  with  mm,  the 
said  Holland,  and  one  Davis,  in  robbing  the  * 
said  Dr.  Gatford,  her  master,  for  which  robbery, 
the  said  Holland,  Davis,  and  that  servant-maid 
were  condemned.  ^  But,  notwithstanding  upon 
that  trial,  it  did  appear,  that  Holland  contrived, 
and  drew  that  Davis,  and  the  maid-servant, 
into  that  robbery ;  yet  by  my  lord 's  inte- 
rest, that  Holland  was  pardoned,'  when  his  two 
under-agents  were  both  executed.  And  whilst 
that  Holland  was  in  Newgate,  for  that  robbery, 
he  was  very  cheerful  and  toid  bis  friends,  that 
he  was  sure  not  .to  suffer,  as  long  as  my 
lord  —  had  any  interest  at  court.  And  Hof--' 
land  bragged,  that  his  lordship's  secretary  by 
his  lordship's  order,  almost  daily  visited  him, 
and  suppUefl  him  with  money.  And  after 
Hollana  had  been  pardoned  for  that  robbery, 

he  did  very  oflen  wait  upon  my  lord ,  and 

as  soon  as^hewnt  h^s  name  to  ois  lordship,  ha 
was  immediately  admitted ;  and  when  he  came 
ftxim  his'  lordship,  he  would  often  shew  to  one 
John  Waytis,  his  friend,  then  whh  him,  many 

guineas,  which  Holland  pretended,  that  lord 
ad  given  him.  And  when  that  Waytis  asked 
Holland,  how  his  lordship  came  to  be  so  kind 
to  him.  Holland  swore,  that  he  had  done  that 
thing,  for  his  lordship,  tfabt  he  durst  not  do 
otherwise.  And  when  that  friend  told  Holland 
that  it  was  whispered  about  that  the  earl  of 
Essex  was  murdered.  Holland  swore,  it  >vbs 
no  matter  if  twenty  such  rogues,  as  Essex  were 
so  taken  off. 

Another  argument  of  my  lord  of  Essex's 
being  murder^,  was  the  illegal  proceedings 
of  those  confederating  murderei-s,  to  prevent  the 
eoroner's-jury  of  being  rightly  informed  of 
some  things  very  material  rmting  to  my  lord's 
death  I^r  notwithstanding  king  Charles  2, 
then  in  the  Tower,  upon  bis  beiug  first  in- 
formed of  my  luid's  ifeath,  which  was  a  few 
minutes  ailer  my  lord's  death  was  first  disco- 
vered to  those  out  of  my  lord's  lodgmgs,  did 
command  my  lord  Arlington,  sir  Christopher 
Musgrave,  and  Thomas  Howard,  esq.  ^  to  go 
immadiately  to  my  lord*s  lodgings,  and  fima 


1303]  STATE  TRIALS,  96  Ch ables  IL  i684.— rrto/  cf  Br^Um  muI  Spda,  [1304 


,his  majesty,  to  comaumd,  that  my  lord's  body 
should  remain  in  the  same  posture  wherein  it 
^as  first  found,  until  the  corooer's-jury  luid  sat 
upon  the  body.  And  that  my  lord's  warders, 
and  seiTants,  permitted  to  attend  his  lordship, 
might  be  secured,  and  by  those  three  gentle- 
men (as  above  sent  by  the  king)  examined. 
But  there  was  an  autnority,  by  somebody ,  to 
contradict  these  commands  of  his  majesty.  For 
AS  soon  as  sir  Christopher  tiad  b^un  to  take 
those  examinations,  there  came  a  messenger, 
who  pretended  to  come,  from  the  king,  to  com- 
mand sir  Christopher  to  go  immediately  to  the 

-  Old-Bailey,  (where  the  lord  Russell  was  then 
a  trying  for  his  life)  and  gave  the  Attorney -Ge 
neral  notice  that  the  ean  of  Essex  had  cut  his 
throat.  But  sir  Christopher  told  that  mes- 
senger, that  as  soon  as  he  had  taken  those  ex- 
aminations, which  the  king  himself  had  com- 
manded him  to  take,  he  would  go  to  the  Old- 
Bailey.  But  the  same  messenger  soon  came 
the  second  time,  and  pretended  to  come  irom 
the  king,  to  command  sir  Christopher  instantly 
to  ^  to  the  Old-Bailey,  and  to  leave  those  ex- 
aminations to  be  t&ken  by  some  others.  Upon 
ibis  repeated  command  (which  was  pretended 

'  to  come  from  his  majesty)  in  contradiction  to 
what  the  king  himself  had  just  betbre  com- 
manded to  be  done,  sir  Christopher  went  to  the 
Old-Bailey ,  and  then  and  there,  gave  an  account 
4»f  his  lord's  death.  Bat  sir  Christopher  deposed 
that  he  could  not  recollect,  who  that  messenger, 
was,  which  twice  came  to  him  to  counter* 
mand,  as  from  the  king,  what  the  king  himself 
had,  just  before,  commanded  sir  Christopher  to. 
And  notwithstanding  the  king  had  commanded, 
that  my  lord's  body  should  remain  in  that  pos- 
tui'e  wherein  it  was  first  found  dead,  until  the 
coroner's  jury,  had  sat  upon  the  body.  Ths 
confederating  murderers  acted  contrary  to 
that  command,  for  the  day  my  lord  died,  his 
body  was    stripped,   and  bis  cloaths  carried 

.  away,  and  when  the  coroner's-jury,  the  next 
4ay  sar,  and  desired  to  see  the  cloaths,  in 
which  my  lord  was  first  found  dead.  This  re- 
.quest  of  toe  jury  being  over-heard  by  some' in 
the  next  room,  the  coroner  was  called  into  that 
next  room,  and  aAer  some  short  time  returned 
to  the  jury,  j^and  in  a  passion  told  them,  they 
were  to  &it  upon  the  body  and  not  the  cloaths, 
the  body  they  had  seen,  and  that  was  sufiicient. 
And  when  one  of  the  coroner's  jury  asked 
Bomeny,  my  lord's  servant,  whether  his  lord 
was  not  esteemed  a  good  man  ?  the  said  Bome- 
ny then  answered,  that  his  lord  was  as  good  a 
man  as.livied.  Whereupon  that  very  jury- 
man declared,  that  my  lord  could  not  then  he 
guilty  of  self-murder. 

But  major  Hawley  being  then  with  the  jury, 
told  the  jury,  that  whosoever  thought  selt- 
munler  to  be  unlike  my  lord  of  Essex,  did  not 
know  my  lord's  principles  ;  for  all  men,  well 
acquainted  with  liis  lordship,  knew,  that  my 
lord  of  Essex  justified  self-murder,  when  a 

.  man  was  in  danger  of  suffering  death  by  an  in- 
^mous  punishment.  This  being  sworn,  before 
ihe  sec^  .CQmmjttee;  by  som<&  of  tjbo  jury, 


The  lords  of  the  secret  eommitlee,  4id  nk 
major  Hawley,  how  be  c4me  to  know  that  nr 
ford  of  Essex,  did,  in  such  cases  as  aforeaia, 
justify  self-murder?   the  miyor  dkl  tiicn  »- 
lemnly  declare,   that  he  never  heaid,  util 
a  long  time  after  my  lord's  death,  that  \u 
lordsliip  did,  in  any  case,  justify  self-moiier, 
and  therefore  he  could  not  be  guilty  of  nakiig 
such  a  sugg^estion  to  the  jury.     Besidn,  at 
major  did  then  farther  declare  to  their  hii- 
sbi(is,  That  he  was  not  near  the  jury,  at  ifat 
public -house,  where  they  did  conakier  of  tba 
inquisition.      But  the  major  had  gi?eB  tint 
jury  repeated  occasions  to  remember,  that  he 
was  with  them,  at  that  pnblic-hoase,  wiiik 
they  were  considering  of  their  inqnisitioB,  aod 
that  the  major  did,  then  and  there  harry  tbe 
jury  into  their  inquisition,  much  sooner  thn 
otherwise  they  should  have  finished  their  ia* 

auiries  relating  thereunto.  For  when  some  of 
3e  jury  perceived,  that  none  of  my  kid's 
relations  or  friends,  did  then  appear,  to  pnm 
any  thing  on  behalf  of  bis  k>rdship.  Sqok 
of  those  jurymen  have  deposed  before  tbe 
committee  that  they  did  move,  thev  mi^ 
adjourn  their  inquiries,  to  some  farther  £7, 
and  send  notice  thereof  to  my  lord's  rw- 
tions;  so  that  if  his  lordship's  reUtions  or 
friends  could  prove  any  thing  in  confradidkin 
to  the  self-murder,  they  m^t  be  beard  by 
them,  before  they  finished  their  mquiry.  Bm 
major  Hawley  then  prevented  that  adjom- 
meut,  by  telfing  the  coroner  and  tbe  jiB][, 
that  his  majesty  had  sent  ao  express  for  tbor 
inquisition,  and  that  his  majesty  was  tbeo  ia 
council  and  had  declared,tbat  he  would  notleife 
the  council -boaid,  nntill  that  inqnisitioD  w 
brought  to  him.  The  lords  of  the  secret  com- 
mittee, upon  hearing  this  sworn  befere  tbeo, 
did  ask  the  major,  who  that  man  was,  tliat 
thus  pretended  to  be  sent  by  his  majesty,  fir 
this  inquisition  ?  whereonto  tbe  major  made 
answer,  that  he  never  heard  that  his  msyefltj 
had  ever  sent  such  an  express,  for  that  ia* 
Guisition,  §nd  that  he  himself  could  notsoggi^ 
tne  same  to  the  jury ;  because  he  was  uot  near 
the  jury  at  that  public-house  all  the  time  tbef 
did  there  consider  of  their  inquisition. 

Note.  All  that  jury  well  knew  major  flawlej; 
and  all  of  the  jury,  who  were  examined  ii{NO 
oath  before  the  secret  committee,  did  de|M«i 
that  they  did  well  remember,  that  tbe  tuj^ 
was  with  them,  at  the  pubhc-house,  apd  some 
of  tbe  most  substantial  and  roost  sensible  mca 
of  that  jury,  have  deposed  against  tbe  majv, 
what  is  above-mentioned,  by  the  nuyor  to  be 
suggested  to  the  jury. 

Had  that  jury  but  viewed  my  lord's  r^* 
hand,  who  was  C9vered  with  a  sheet,  as  well  11 
his  throat,  which  wa$  cut,  from  that  band  oolj, 
they  might  have  had  sufficient  evidence,  tbatiaj 
lord  was  murdered.  For  there  were  fife  call 
in  my  lord's  right  hand,  viz.  one  upon  bisftrt- 
finger  near  the  top,  another  on  the  sanie  fia- 

fer  near  the  hand,  a  third  cut  upon  the  ftMiwi 
neer,  a  fourth  cut  jn  the  little  finger,  and  a 
fifUi  cut  about  two  Riches  loQg  in  toe  psin« 


id05]        STATE  TRIALS^  36  Chablbs  11.  ]6S4.*-/0r  a  MkUkmmufr^        [I9C6 

tnY  lord's  ngbt  h«od.  But  lest  the  jary 
nugbt  ubseire  those  cuts ;  n^y  lord's  haods  were 
covered  with  the  sheet,  aqd  after  the  two  sur- 
^ODs  had  viewed  the  cut  io  the  throat,  and  the 
jury  had  seen  the  same,  the  jury  were  immedi-' 
&tely  adjourned,  from  n^  lord's  lodgings  to  a 
pubiic-hQUse,  in  the  Tower,  where  they  were, 
^  as  before  related,  hurried  into  their  inquisition. 
But  had  the  jury  observed  those  fi?e  cuts  in  my 
lord's  right  baud,  they  could  not  believe  tliey 
were  any  otherwise  occasioned,  than  by  my 
lord's  endeavouring  to  keep  off  that  murdering 
instrument,  vrhoewith  those  assassinates  cut 
his  throat. 

My  lord's  morning  neckcloth  was  cut  in 
three  pieces,  and  therefore  that  neckcloth  so 
cut)  was  carried  away.  But  that  alone  would 
have  proved,  that  the  same  instrument  which 
cut  my  lord's  throat,  did  first  out  through  that 
neckcloth.  And  this  could  not  be  supposed  to 
be  done  by  my  lord  himself  with  the  razor. 

There  probably  might  be  several  other  signs 
of  violence  to  have  been  ebservetl,  irom  some 
other  parts  of  my  lord's  doatlis,  had  those 
cloaths,  in  which  my  lord  was  tbund  dead, 
been  seen  by  the  jury,  but  to  prevent  that  dis- 
covery, the  cloaths  were  carried  away,  and 
when,  by  some  of  the  jury  desired  to  see  the 
.  cloaths  wherein  my  lord  ^as  first  found  dead, 
that  reasonable  ^request  was  denied,  and  the 
dppaty  coroner,  aeconlingto  the  direction  of 
his  managera,  then  in  the  next  room  to  the 
Jury,  tells  the  jury  it  was  the  body,  and  not  the 
cloaths  they  were  to  sit  upon,  and.  they  had 
seen  the  body  and  that  was  sufficient. 

And  as  the  jury  were  hurried  into  tbdr  in- 
.^aisition,  and  not  suffered  to  make  those  inqui- 
ries which  were  absolutely  necessary,  in  onder 
io  the  discovery  of  the  true  ouinner  of  my 
Jord's  death;  so  were  all  uifbrmations  to  be 
tfuashed,'  which  contradicted  those  before  men- 
tioned false  informations  given  by  Bomeny  and 
Russel,  to  prove  the  pretended  self-murder. 
And  therefore  when  I  the  sixth  day  after  my 
lord's  death  did  wait  upon  the  then*^  secretary 
of  state,  with  some  inibrmations  to  disprove 
what  was,  as  before,  sworn  by  Bomeny  and 
.Russel,  I  was  ordered  to  attend  his  lordship 
the  then  next  mornin^^,  with  those  informants, 
which  I  did  accordingly.  But  before  I,  or 
either  of  those  informants,  wa^^.examined, .1 
was  taken  into  custody,  and  although  it  did  ap- 
pear upon  earamininfi^  these  informants,  by  the 
•  King  and  council,  that  the  substanoe  of  their 
informations  they  had  declared  some  days  be- 
fore they  either  saw  or  ever  heard  of  me,  and 
that  I  did  neither  give  or  promise  those  infor- 
mants, one  penny  tor  their  informations,  but  I 
:  did  oflen  desire  them  to  speak  nothing  but  the 
truth,  yet  I  was  coromhted  to  the  custody  of  a 
messenger  until  I  gave  bonds,  with  sureties  in 
2,000^. to  appear  the  then  next  term,  to  answer 
such  an  information  as  should  be  exhibited 
against  me.  And  when»  afler  that,  I  rid 
ioto  the  country  to  inquire  aft^r  some  reports 
before  my  lord's  death,  in  the  several  parts  of 
tlie  we0t»  tbi^  my  lofd  had  cut  his  throikt. 


I  was  takoi  up  in  the  country  and  mmk  to 
Wiltshbre-  gaol,  ^m  whence  I  removed  myw 
self  to  London,  by  Habeas  Corpus,  to  be  bad- 
ed,  but  my  loitl  keener  North,  at  the  council- 
board,  did  require  or  me  bottda  with  verv  good 
sureties,  13,000/.  for  my  appearance^  ana  other 
bonds  with  other  good  sureties  in  19,000/.  more 
for  my  good  bebaf  ionr.  .  And  my  lord  ke^Mr, 
at  the  council-board,  then  told  me  that  his 
lordship  did  require  of  me,  as  good  men  to  be 
bound  for  my  appearance,  and  good  behaviour, 
as  though  bis  lordship  was  to  kod  the  said 
34,000/.  out  of  his  poc^eL  I  then  told  that 
honourable  board,  that  I  could  not  me  such 
bail- and  suretyship.  But  I  desired  Uieir  lord- 
ships, then  at  the  council-board,  that  they 
would  be  pleased  to  send  ,for  several  persons, 
whose  names  and  places  of  abode  I  then  gave 
an  acaount  of,  who  could  prove  that  it  was  re- 
ported here  two  days  •  betore  my  k>rd's  death, 
that  my  lord  of  Essex  had  cut  bis  throat  in  the 
Tower.  But  I  found  their  lordships  were  not 
incKned,  to  send  for  such  informations. 

I  was  aller  tried  at  the  Klng's-bendi  biiTf 
before  my  lord  chief  Justioe  Jefferys,  and  the 
rest  of  toe  justices  of  that  court,  and  though 
nothing  criminal  was  proved  ag^unst  me,  yet  t 
only  was  found  guilty  of  a  ootisphracy,  to  pro- 
cure false  witnesses  to  prove  that  my  hira  of 
Essex  w|is  murdered  by  those  in  tirhose  custody 
he  was,  contrary  to  what  had  been  fba»d  by 
the  coroner's  inquest.  And  thosc(  very  men  iii 
whose  custody  my  lord  was,  were  brought  at 
.my  trial  as  the  prtndpal  v^itneBEes  to  pro«e, 
that  they  themselves,'  dul*  not  murder  his  k>rd  - 
ship ;  but  that  my  lord  himself  did  cut  his  own 
throat. 

Mr.  Hugh  Speke  was  tried  with  me,  and 
affainst  him  was  produced  a  letter,  which  was 
tidcen  upon  me  in  Wiltshire,  which  letter 
.was  directed  to  sir  Robert  Atkins,  'then  in 
Gloucestershire,  and  in  that  letter,  were  several 
expressions^  reflecting  upon  the  administratioii 
of  those  times ;  which  lettep  Mr.  8peke  then 
confest  he  writ.  But  the  then  Attorney  Ge- 
neral fofind  that  it  was  not  proved  against  roe, 
that  I  directly  or  indirectly  had  given,  oflMi, 
or  promised  one  penny,  to  any  person,  whom 
I  bad  diseoui'sedj  as  to  what  he. or  she  knew, 
relatinfip  to  my  lord's  deaths  and  that  it  waa 
proveo,  I  desired  and  charged  every  person^ 
from  whom  1  received  any  informatios,  in  re- 
lation thereunto,  to  ifeak  nothmg  but  the  truth.  . 
And  Mr.  Attorney  abb  found,  that  it  was  uol 
proved  agaiust  me,  that  I  did  ever,  before  mr 
trial,  say,  that  the  earl  of  Essex  watf  murdered. 
The  Attorney  General  did  thereupon  say  to  the 
court  and  jury,  That 

*  We  need  but  read  the  letter,  which  Mr« 
<  Speke  has  owned,  and  you  will  say  it  is  ten 

*  times  worse,  than  what  Mr..  Braddon  baa 
Vdone.    Vide  Braddon's  Trial,  (p.lld6,  of  this 

*  volume).^ 
But  my  lord  chief  justice  Jefferys  then  re- 
proved Mr.  Attorney,  for  representing  me  less 
criminal  than  Mr.  Speke. 

V  But  I  was  found  guilty,  ndt  of  suboroatioDy 


1307]  STATE  JRIALS,  56CHAftLES  II.  iSS^.-^Trial qf  Bmiian  mdSpdu,  [1501 


which  Wfts  never  mentioned  in  ray  inibrmatiou, 
bnt  of  conspiring  alone,  to  procure  false  wit- 
nesses to  prove,  that  the  lord  of  Essex  was 
murdered  by  those,  in  whose  custody  he  was, 
contrary  to  What  was  found  by  the  coroner's 
inquest ;  only  upon  the  evidence  of  one  of  my 
loni's  warders,  in  whose  custody  my  lord  then 
was,  and  ^he  information  of  my  lord's  servant ; 
the  then  only  servant  permitted  to  attend  upon 
or  speak  to  bis  lordship,  and  which  very  ser- 
vant and  warder,  by  their  respective  stations,  at 
the  time  of  my  lord's  death,  must  be  privy  to 
it,  if  not  acting  in  that  murder,  in  case  bis  lord- 
ship was  murdered  by  othersT 

But  nevertheless  this  warder  and  that  ser- 
vant were  by  that  Court  of  Kingps- bench,  ad- 
mitted as  good  witnesses,  not  only  to  clear  them- 
selves, and  their  munlerin^  comederates,  from 
justice,  for  that  murder;  but  also  to  lay  the 
.  charge  thereof  only  at  my  lord's  own  door. 
And  those  two  m  itnesses  were  farther  admitted, 
to  be  good  proofs  to  convict  me,  as  a  criminal, 
only  for  eudeavouring,  by  lawful  means,  to 
prove  this  warder  and  that  servant,  with  their 
other  murdering  confederates,  gnihy  of  my 
lord's  Mood. 

But  were  all  murderers  to  recei^'e  the  bke 
corrupt  favourable  protection,  and  encourage- 
ment fromjudgi^  and  jury ;  and  were  alliheir 
Srosecutors  to  be  alike  treated,  opou  the  evi- 
ence  of  such  murderers,  as  I  in  tnis  case  have 
been  treated,  all  hireling,  bloody  bravoes, 
under  such  a  corrupt  administration,  would  then 
be  encouraged  to  be  hired,  by  the  bloody  men, 
in  great  power,  to  cut  any  good  man's  throat, 
who  did  oppose  their  arbitrary  and  tyrannical 
designs ;  and  all  men  would  be  discouraged 
Irom  being  their  prosecutors. 

The  great  perversion  of  justice,  in  my  pro- 
secution and  punishment,  is  one  gfreat  argu- 
Tnent  to  prove,  that  no  less  power,  tb^n  that  of 
the  then  duke  of  York,  could  have  prevailed 
with  the  then  ministry,  and  the  court  of 
King's-bench,  to  become  screens  instead  of 
.  terrors,  to  those  murderers ;  and  prosecutors, 
instead  of  encouragers,  to  those  who  would 
Jiave  detected  them.  * 

And  that  the  then  duke  of  York,  had  used 
bis  utmost  interest  in  my  severe  prosecution 
.  and  arbitrary  punishment,  plainly  appeared  by 
that  duke's  aeclaring  (sometime  before  my 
^ial)  to  several  noblemen  and  ^ntlemen,  that 
)ie^  would  ruin  me,  if  all  the  mterest  he  had 
i:ould  do  it,  for  having  been  so  busy  in  relation 
to  the  late  earl  of  Essex's  death. 

And  so  far  that  duke  prievailed,  as  to  gel  me 
to  be  imprisoned  for  my  life,  had  notthe  Hevo- 
|ution  discharged  me :  For 

I  was.  fined  £^000/.  and  ordered  to  give 
security  for  the  <good  behaviour  during  life  ; 
mkder  which  jadgmeot  I  continued  a  prisoner 
shove  Ave  years,  Mefore  king  James  went  off. 

But  the  duke  of  York  had  declared  b^re 
Ihat  judgment  given,  that  I  should  be  whipt 
round  Tower-hiU,  and  then  and  there  stand 
fipon  the  piih)ry.  And,  after  that,  be  whipt 
^d  pilk)riod,  lit  jome  othw  plaoef . 


And  those  arbitrary  cruelttes  had  probdUf 
been  my  fate,  had  not  tlie  then  king  bnasM 
prevented  that  barbarity :  For  since  the  Rerola- 
tion,  I  was  credibly  intbrmed,  that 

The  very  morning;  I  svas  to  receive  mjr 
judgttient,  the  lord  chief  justice  JeiTeries  waitd 
upon  the  king,  and  desired  to  know,  what  cor- 
poral punishment  he  should  ioflic-t  upon  me. 
But  king  Charles  did  then  strictly  command 
that  chief  justice  not  to  inflict  any  eorpqnl 
punishment  upon  me. 

8o  that  when  upon  the  court's  ginng  judg- 
ment against  me,  some  of  the  king's,  or  ratlNr 
the  duke's  council  moved,  that  I  might,  besido 
the  fine,  and  good  behaviour,  be  farther  cor- 
porally punished,  the  court  gave  Ihem  no  an- 
sH'er  to  that  motion. 

If  to  screeta  the  duke,  I  was  thus  aihittvilj 
treated,  by  that  con-upt  ministry,  for  endea- 
vouring to  prove,  by  circumstantial  evideace, 
that  my  lord  of  Essex  was  murdered,  by  wot 
hired  rutiians,  with  the  privity  and  consent  ef 
his  warders  and  servant  It  w  as  not  reasonaUe 
to  hope,  that  the  same  ministry  would  ei^e  the 
least  encouragement  to  him,  who  should  afiier, 
upon  a  nromise  of  pardon,  po^tively  to  prare 
my  b>rd's  murder  upon  that  duke.  And  tber^ 
fore  when  a  letter  unsealed,  was  left  with  t 
bookseller,  in  Durham  Exchange,  in  tbe 
Strand  ;  •  butdhvcted  for  the  coQiitess  of  Eaex ; 
wherein  it  was  offered,  that  if  her  hononrcouM 
prevail  with  the  king,  to  give  an  assurance  of 
pardon  to  tiiat  author ;  he  would  then  prove 
that  the  duke  of  York,  and  *—  had  ordered 
my  lord's  throat  to  be  cnt.  But  when  tbe  book- 
seller perceived  that  letter  to  be  imsealed,  he 
read  the  same ;  and  finding  the  contents  there- 
of,, to  be  of  such  an  hitth  nature  as  above-meo- 
tinned,  he  did  not  think  it  safe  for  him,  tocaitj 
the  same  to  the  countess  of  Esseai,  to  whom  t 
was  directed,  hut  he  did  imm«diately  canj 
that  letter  to  a  justice  of  the  peace,  who  did 
thereupon  carry  the  same  to  tae  seoetary  of 
state.  But  that  bookseller  was  never  sent  ftr 
by  that  secretary  of  state,  or  was  there  aay 
means  used,  by  those  then  in  power,  to  find 
out  the  author  of  that  letter. 

Had  my  lord  of  Essex  iqdeed  naiirdered  bioh 
self,  or  had  his  lordship  been  murdered  bjr 
others,  without  the  privity  of  the  then  doke  of 
York,  whom  that  letter  charges  as  the  princiDal 
person,  that  ordered  that  murder;  no  pronUe 
means  would  have  been  then  wanting,  nor  aoj 
reward  thought  too  little,  to  discover  the  sofhor 
of  that  letter.  But  the  then  secretary  of  state 
stifling  that  letter,  is  a  very  strong  argument, 
That  the  contents  thereof  was  true,  and  thai 
the  then  doke  of  York's  authority  and  interett 
gave  birth  to  that  most  perfidious  and  barbarooi 
murder. 

The  most  material  things  herein  beibre  vrit, 
as  sworn  befinre  the  Secret  Committeeoflimli, 
or  some  justices  of  tbe  peace,  to  nrove  siy 
Lord's  being  barbarously  murdered  oy  others, 
were  published  in  a  Discourse,  which  i  printed 
in  1690,  and  entitled,  *<  Essex's  Innoeency  and 
Honour  Yiadicated.    laal^eltertot  Fnenl'' 


lSi>9]        STATE T!ltAL$,  S6  Charles  II.  l684.-/0r  a  Misdenuanar.        [iSlO ' 


'  And  in  tbat  Letter  I  did  endearonr  to  answer 
several  Objections,  whioh  in  conTersation  I 
had  met  with,  against  my  lord's  being  mur- 
dered by  others.  And  in  partiimlar,  in  pages 
54  and  55  of  tbat  Letter,  I  did  endearour  to 
answer,  what  was  publicly  discounsed,  as  to  the 
•ountess  dowager  of  £ssesc'sbelief  of  her  lord's 
,  pretended  self-murder.  And  what  I  had  writ, 
lu  those  two  pages  of  tbat  letter,  r^ating  to 
that  belief,  was  expressed  in  the  terms  follow- 
ing, viz.  ^•^ 

•  *  The  right  honourable  the  countess  dow- 

*  ager  of  Essex,  haying  heretofore  declared, 
'  Avbether  lately  I  cannot  say,  that  she  did  be- 

*  lieve  her  lord  did  cut  his  own  throat;  and 
'  being  so  possessed,  some  time  after  this  com  • 
/  mittce  had  several  times  sat,  she  desired  b»- 

*  veral  lords  (amongst  which  some  were  of 

*  thb  right  honourable  committee)  to  meet  at 

*  her  house,  and  after  her  honour  had  ac- 

*  quamt^  their  lordships  with  the  occasion  of 
'  il^nequest,  au  eminent  divine  (and  now  a 

*  bishop)  did  inform  their  lordships,  what  were 
'  the  reasons  that  moved  her  honour  to  believe, 

*  that  her  lord  did  indeed  lay  violent  hands  on 

*  luoiaelf ;  the  chief,  if  not  the  only  one,  was, 
*Tbat 

.  **  Some  short  time  before  my  Iord*8  commit- 
naentto  the  Tower,  he  did  seem  to  be  under  a 
great  concern  of  rifind ;  but  then  decUred, 
tbat  the  trouble  he  was  in,  did  not  arise  from 
any  thoughts  of  self-preservation,  for  himself 
vfas  the  leastof  his  care ;  but  the  thoughts  of 
his  family,  what  Wbuld,  atVer  bis  death,  become 
of  them,  was  wliat  did  indeed  trouble  him :  as 
for  himself  he  was  resolved  what  to  do,  several 
times  vfery  resolutely  repeating^  that  expres- 
stoit ;  as  fyr  myself,  I  am  resolved  what  to  do." 
*•  This  1  was  told  by  a  gentleman,  who 
'  (said  he)  was  then  present,  and,  as  I  have 
'  great  reason  to  believe,  would  have  repre- 
^*  seated  every  thing  to  the  best  advantage  (as 

*  far  as  truth  would  permit)  on  the  behalf  of 

*  such  objections.' 

Believmg  that  a  gentleman,  who  gave  me 
the  above  lilation,  I  did  then  endeavour  to  an- 
swer, what  his  lordship  was,  (as  above)  said  to 
have  declared  to  his  countess,  a  little  before  his 
^mmitment,  and  which  was  represented  to 
mc  to  make  her  honour  believe  tbat  his  lonl- 
ahip  n;urdered  himself,  and  I  did  endeavour  to 
shew,  that  expression, 

*^  As  for  myiijelf  lam  resolved  what  to  do  j" 
which  (as  I  was  informed)  was  several  times 
resolutely  repeated,  miglit  be  very  well  iinh^er- 
stood  to  bear  a  more  charitable  construction, 
than  self-murder.  And  t  did,  in  that  book, 
put  that  interpretation  thereupon,  which,  to 
me,  6«)emed  not  only  to  be  more  charitable, 
but  also  much  more  probable. 

But  some  time  after  the  publication  of  that 
Letter,  relating  to  bis  lordship's  death,  I  read 
in  tlii*ee  several  Gazettes  of  July  and  August, 
1^90,  a  Declaration  subscribed  by  the  coun- 
teas  and  bishop,  in  the  words  following,  (viz.) 

*  Whsreas  in  a  Letter  to  a  Friend  written  by 

*  Mr.  Laurence  Braddon,  touching  the  murder 


of  the  earl  of  Essex,  an  aoooont  is  given,  page 
54  and  55,  of  some  discourse,  that  the  coun- 
tess Dowager  of  Essex,  and  the  bishop  of 
Salisbury  had  upon  that  subject,  at  a  meeting 
with  several  lords  ;  the  countess  dowager, 
and  the  bishop,  find  themselves  so  much 
wronged  in  that  relation,  that  they  have 
thought  it  became  them  to  disown  it  intirely^ 
the  whole  discourse,  fostened  on  them,  being 
false,  and  nothing  to  that  purpose,  having 
been,  upon  tbat  occasion,  mentioned  by  either 
of  them. 
'  24th  July.  E.  Essex,  Gi.  Saiium.'  ' 

Notwithstanding  the  countess  and  the  bishop,  ^ 
have  herein  disowned,  that  the  retuion«  heiem 
before-mentioned  to  have  been,  gi?ea  by  the 
bishop,  to  those  lords  and  gentlemen,  at  her 
ladyship's  house,  as  the  reason,  which  influ- 
enceaher  honour  to  believe  her  lord  did  in- 
deed cot  his-  Own  throat.  Yet  it  is  most  oer- 
taiiiy  tbat,  sevetal  ferds  and  gendemen,  at  her 
ladyship's  request  did  meet  at  her  house,  whea 
and  where  Dr.  Burnet  (afterwards  bishop  of 
Sarum)  did  jgive  those  jords  and  gentlemen 
some  reasons,  which  (that  doctor)  then  said, 
did  make  her ,  ladyship  beheve  her  lord  did 
murder  hinruself.  But  mrasmuch  as  the  coun- 
tess and  bishop  have  declared,  that  before  my 
information,  as  to  those  reasons,  was  false,  and 
seeine*  I  could  never  learn,  what  was  other- 
wise declared  bv  the  then  Dr.  Burnet,  at  that 
meetings  on  behalf  of  that  belief  of  the  ooen-* 
tess ;  f  cannot  answer^  what  I  do  not  know ; 
neither  will  I  be  impbcitly  ruled,  by  the  belief 
of  the  countess  and  bishop,  to  the  belief  of  the 
self-murder,  in  contradiction  to  what  is,  by  so 
many  witnesses,  herein  before  said  to  be  posi- 
tively swom^  to  prove,  that  my  lord  fell  a  sa- 
Orifice  to  pq)ish  malice  and  rage,  for  his 
lordship's  ^]^t  zeal,  for  our  rdigion,  laws,  and 
liberties.    The  bishop,  in  his  late  History,  is 

fdeased  to  say,  that  for  some  years  before  my 
ord's  death,  he  knew  me  to  be  an  honest,  but 
enthusiastical  nian.  And  that  bishc^  doth  farther 
therein  declare,  that  it  appeared,  at  m^  trial, 
that  I  had  charged  the  boy  to^sign  nothmgbot 
the  truth,  in  relation  to  my  lord's  death. 

Now  forasmuch  as  I  had  declared,  in  page 
54  of  my  former  book,  that  a  gentleman  had 
told  me,  ^at  he  was  present,  wim  several  lords 
and  gentlemen,  at  my  lady  Essex's  house, 
when  and  where,  that  bishop,  gave  the  reason 
before-mentioned,  in  page  54  and  55  of  that 
former    printed    letter,    touching   my  lord's 
murder,  for  her  honour's  belief  of  her  lord^  ' 
self-murder.    It  was  reasonable  for  me,  te 
have  expected,  that  justice  from  the  bishop  to  ' 
have  sent  for    me,    before,  in  three  veveral ' 
gazettes,  he  had  endeavoured  to  expose  m6^ 
and  to  have  known  of  me,  from  what  gentle-  ' 
man,  I  had  received  that  which  the  oountest 
and   bflBbop  have-  called  a  fUse  iDfomfatioa.  * 
Had  the  iHshop  demanded- Mm  fttne  •  me,  ( 
should  (as  in  justice  bonn<)^  have  named  mj 
informer.    And  I  do  now  assure  the  reader, 
that  tlie  gentleman^  who  gav«  me.  that  inforr 


1311]  STATE  TRIALS^  36  Charles  IL  \6A4,,^Tri<dofBradion  and  Speh,  [1312 


BMtioi),  was  generally  reputed  a  man  of  great 
learning)  and  honour,  aM  therefore  deser^ving 
crodit.  He  was  then  a  member  of  parliament, 
and.  bad  served  as  knight  of  the  shire  for  that 
county,  wherein  his  family  had  lived  in  g^reai 
esteem,  for  many  ages.  But  neither  the  conn- 
tfisS)  or  ^iflliop,  either  before,  or  after,  the  pub- 
lication of  tnat  declaration  in  three  several 
gasettes,  did  ever  desire  me  to  tell  them,  from 
whom  I  had  received  my  information.  But  I 
am  now  well  satisfied,  by  what  the  bishop 
hath  writ,  in  his  late  History,  relating  to  my 
lord  of  Essex  ;  that  the  Countess  Dowager  of 
Essex,  was  prevailed  upon  by  that  bishop's 
advice,. not  to  be  at  all  concerned  in  the  prose- 
cution of.  her  lord's  murder.  But  of  this,  I 
shall  say  .much  more,  when  I  have  related, 
what  the  bishop,  in  bis  late  History  writ,  con- 
cerning that  unfortunate  lord's  imprisonment 
and  d^ith  i  and  what  that  prelate  nath  pub- 
lished, in  relation  thereunto,  is  contained  in 
the  two  following  paragraphs -of  that  Histoiy, 
(viz,) 

In  page  559,  a.  d.  1683. 

*  A  party  of  horse  was  sent  to  brin^  up  my 
lord  of  Essex,  who  had  staid  all  this  while  at 
his  house  iathe  country,  and  seemed  so  little 
apprehensive  of  danger,  that  his  own  lady 
dia  not  imagine  he.  had  any  concern-  on  his 
mind.  He  was.ofiRered  to  be  conveyed  away 
very  safely,  but  he  would  not  stir,  his  ten- 
derness for  the  lord  Russell,  was  the  cause  gf 
this ;  for  he  thought  his  going  out  of  the 
way,  mijghi  incline  the  Jury  to  believe  the 
evidence  the  more  for  his'  absoonding.  He 
resolved,  as  soon  as  he  saw  how  that  went,  to 
take  care  of  himself.  But  when  the  party 
castie  to  brine  him,  he  was,  at  first,  in  some 
disorder,  yet  lie  recovered  himself.  Bot  when 
he  came  beforj^  the  council^  he  was  in  mncb 
eonfu^on.  He  was  sent  to  the  Tower,  and 
there  fell  under  a  gicc^  depression  of  spirits.. 
He  .could  net  sleep  al  all.  He  had  fallen 
befbrei  diat  twice,  under  gnat  fits  of  the 
spleen,  which  tetomed  now  upon  him  with 
more  violeooe.  He  'had > sent  by.  a  servant, 
whom  he  had  long  trostedt  and.who.  \vas,««f- 
fered  to.comft  to.  hitn^  -«  very  mebocfaoly 
message  to  hit  wife.  That  what  he  was 
obn^ged  with  was  true :  he  was  sort/  he  had 
rained  her  and  her  children.  But  he  had 
sent  for  the  ewi  of  Clareadon  to  talk  fireely 
to  him,  who  had*  naaacied:  |iis  sistst.  Bm, 
immediately  seiil  back  the  servant  to  beg  of* 
faim«  that  lie  would  not  think  of  her,  or  her 
cbibirsn^  but  only  study  to  sappoft  his  own 
spirits;  and  desired  him  to  say  nothing  to  the 
lord  Qlar^deiXy  nor  to  any  .body  else»  till  she 
■oould  come  to  him»  which  she  wos  in  hopes 
to  obtain  kave  to  do,  in  a  day,  or  two.  Lord 
Ckttftndon.came^to  him  upon.his:  message, 
but  he  turned  the  matter  ae  wdA  to  him,  as  if 
he  had  been  only  ,iq«xplain  somewhat,  that  he 
had  mistaken  hutia^lf  m,  when  be-  was  befbce 
the  cofiDctl*  But  as  for  that  ftr  whieh  he 
was  ^apt  up,  he  saidi  4bere..WA8  netting  .in 


it,  atid  it  would, appeal*  how  innoevut  be  wm. 
So  the  lord  Clarendon  went  away  in  a  greii 
measure  satisfied,  as  he  himsdf  told  sie. 
His  lady  had  another  message  from  him  tlnk 
he  was  much  easier,  especial^  when  befbirad, 
how  she  took  his  condition  to  heart,  wiifaoot 
seeming  concerned  /or  her  ovm  share  m  it 
He  ordered  many  things  to  be  sent  him.  Asd 
among  other  thin^  he  called,  at  several  tnna, 
for  a  penknife,  with  which  he  used  to  paise 
his  nails  very  nicely  ;  so  this  was  thoognttf 
he  intended  for  an  amusement.    Bot  it  wa 
not  brought  from  his  house  in  the  conntrj, 
though  sent  for.    And  when  it  did  not  gobk, 
he  called  for  a  razor,  and  said  that  would 
do  as  well.    The  king  and  the  duke  camels 
the  Tower  that  rooming,  as  was  jgiven  oot,  to 
see  some  invention  about  the  oraoanoe.    As 
they  were  going  into  the  barge,  the  cry  csme 
after  them,  what  had  happened  to  the  lord  of 
Essex.    For  his  man  thinking  he  had  slaid 
longer  than  ordinary  in  his  closet,  he  looked 
through  the  key-hole,  and  Uiere  saw  bim 
lyimr  dead,  his  throat  cut,  so  that  both  the 
jugulars  and  the  gullet  were  cot,  a  tittle  absve 
the  aspera  arteria.     I  sluill  afWrwards  givest 
account  of  the  farther  inquiry  into  this  matter, 
which  past  thto  univerBsJIy  as  done  hy  him- 
self.    The   coroner's  jury  fbond   it  self- 
murder,   and  when  his  Mdy  was  broa§(lit 
.  home  to  his  own  house,  and  the  wound  mi 
examined  by  bis  own  surgeon,  he  said  to  me 
it  wa^  impossible  the  wound  cwM  be  as  it 
was,  if  given  by  any  hand  bat  his  ows,  for 
except  he   had   cast  bis  head  back,  sod 
stretched  up  his  neck  all  hetMinld,  tfaesspeit 
arteria  must  have  been  cut     But  to  go  ss 
with  this,  tragical  day,  in  which  1  lost  the  two 
best  friends  I  had  in  the  world.' 
I  presume  the  bishop  here  means,  the  lord 
of  Ewex,  and  the  lord  Rusadl,  who  was  that 
day  tried  at  the  Okl-Baiiey,  and  found  ginky  of 
high-treason. 

In  page  569,  a.  d.  1684. 

The  bishop  hath  the  folbwing  pangrapb, 
relating  to  thafgreat  but  unfortunate  Idid: 
'  I  {mst  slig^^  over  the  snspicioMi  that  were 
raised  upon  the  lord  of  Essex'a  death,  wbm 
I  mentioned  that  matter.  Thin  winter  this 
business  wim  brought  to  triaL  A  boy  nsd  a 
girl  did  report,  that  they  heard  a  great  or- 
ing  in  his  lodging^  and  that  they  saw  a  Womj 
razor  fitung  out  at  a  window,  which  was  taba 
up  by  a  woman  that  came  out  of  the  booi^ 
where  he  lodged.  These  diiklren  reported 
this  confidently^  that  very  dav,  when  tb^ 
went  to  their  several  homes.  They  were  ben 
about  ten  or  twelve  yejrs  old.  The  boy 
went  backward  and  forward  in  his  stoyi 
sometimes  afiirming  it,  and  at  other  tinci 
denying  it:  But  his  faUier  had  an  offiw  in 
the  custom-house;  so  it  was  thought  he  pre* 
vailed  with  bim  to  deny-  it,  in  open  court. 
But  the  girl  stood  firmly  to  the  story.  1^ 
simplicity  of  the  cliildren,  together  with  tht 
iy-0]piai«tt  that  was  gensnlly^  had  of  the 


131S]        8TAT£  TRIALS,  36  Chablbs  IL  ^6H.-^M  « 


[ISM 


■  cotLti,  inclined  many  to  beliere  this.    ^K  Mon 

<  as  bis  lady  heard  of  it,  she  ordered  a  strict 

*  ioqaify  to  be  made  abont  it,  and  sent  what 

*  she  found  to  me,  to  whom  she  had  (rusted  all 

*  tbe  messaiees  that  had  past  hetween  her  lord, 

*  and  ber,  whilst  he  was  in  the  Tower.    When 

*  I,  bad  perused  all,  I  found  there  was  not  a 

*  colour  to  found  any  prosecution  on,  which 

*  she  would  have  done,  with  all  possible  zeal, 

*  tf  sbe  bad  found  any  appearances  of  truth  in 
'  the  matter.    Lord  of  Essex  had  got  into  an 

<  odd  sat  of  some  strange  principles.    And,,  in 
"■  particukr,  he  thought  a  man  was  the  master 

*  of  his  own  life,  and  seemed  to  approve  of 

*  what  his  wii^^s  ereat-grandftther,  the  earl 

<  Northumberland  md,  who  shot  himself  in  the 

*  Tower,  after  he  was  arraigned.    He  had  also 

*  a  Terv  Mack  fit  of  the  Spleen.    But  that  time 

*  one  Braddon,  whom  I  had  known  for  some 

*  Tears  for  an  honest,  but  enthusiastical  man, 
'  nearing  of  these  stories,  resolved  to  eany  the 

*  matter  as  fiff  as  it  would  go,  and  he  had  pick- 
.*  ed  up  a  great  variety  of  little  circumstances,* 

*  all  which  laid  together,  seemed  to  him  so 

*  convincing,  thi^t  1m  thought  he  was  bound  to 
«  prosecute  ^e  matter.    1  desired  him  to  come 

*  no  more  near  me,  since  he  was  so  positive. 
'  He  talked  of  the  matter  so  publicly,  Uiat  he 

*  was  taken  up,  for  spreading  false  news,  to 

*  alienate  the  people's  hearts  from  the  king. 

*  He  was  tried  up<m  it,  hoth  the  children  owned 
'  tfafit  they  had  repoited  the  matter,  as  he  had 

*  talked  it,  the  boy  saying  then  that  it  was  a 

*  lie.    Braddon  had  desir^  the  boy  to  set  it  all 

*  m^der  his  hand,  though,  with  that,  he  chai^- 

*  ed  him  to  write  nothing  but  the  truth.    This 

*  was  called  a  suborning.    And  he  was, fined 

*  for  it  in  3,000/.    But  I  go  next  to  a  trial  of 
'  more  importance.' 

The  bishop,  in  the  first  of  the  aforesaid  two 
paragraphs,  saith,  that  before  my  lord  was 


great  fits  of  the  spleen,  which  now  returned 
upon  him  with  greater  violence. 

Memarks.  Si  this  melancholy  stoiy,  did 
orkfinadly  come  from  Bomeoy  himself,  tor  that 
felfow  (soon  after  his  lord's  deatli)  did  inform 
Dr.  Burnet,  the  late  bishop'of  8arum,  That  hia 
lord  did  use  to  be  taken  with  sudden  frenzical 
passion;  and  in  particular.  Was  seized  with 
one  that  very  morning'  my  lord  died,  not  half 
an  hour  before  they  found  him  dead :  For  said 
this  fellow,  when  my  lord  saw  my  Iprd  Russell 
ffo  to  his  trial,  he  struck  his  breast,  and  said, 
that  he  himself  was  tbe  cause  of  my  lord  Rus- 
sell's misfortune :  For  bad  not  I  (said  the  earl- 
vouched  for  my  lord  Howard's  fidclit^r,  my  lord 
Russell  would  never  have  trusted  him.  And 
hereupon  his  lord  went  up  and  down  hia 
chamber,  striking  his  breast.  And  in  this  vio- 
lent passion  I  left  him,  (said  Bomeny)  and  saw. 
his  lordship  no  more,  till  I  found  him  dead  in 
th»  closet. 

Dr.  Burnet,  soon  after  Bomeny  had  given 
him  that  information,  gave  mc  an  account 
thereof,  when  I  waited  upon  him  at  his  house- 
in  Brook's  Buildings,  near  Brook's  market,  by 
Holboro.  " 

Remarki.  But  I  did  then  endeavour  to  per- . 
suade  the  doctor,  that  what  Bomeny  had  thus 
related  of  my  lord's  (pretended)  frenzicai  pas- 
sions, and  in  particular  that  morning  he  died, 
deserved  no  credit,  but  was  justly  to  be  sus-^ 
pected  as  forged  and  false,  to  gwe  countenance 
to  the  self-murder.  For  Bomeny's  constant 
attendance  upon  his  lord  in  the  Tower,  did  ren- 
der him  knowing  of  what  was  done  to  his  lord- 
ship, as  well  as  by  his  lordship,  just  before  his. 
death.  If  therefore  my  lord  was  murdered  by 
others,  this  Bomeny  must  be  privy  thereunto, 
if  not  an  actor  therem,  and  therefore  thi^  Judas* 
will  say,  or  swear  any  thing,  be  should  by  bis- 
confederates  be  taught,  to  provo  the  (prejtend- 


taken  up,  he  was  offered  to  be  conveyed  away  ^^ed)  self-murder;  lor  if  he,  and  Kussel  could 


very  safeiy ;  but  ^at  this  his  lordship  refused, 
out  of  tenderness  for  my  lord  Rpssell ;  because 
be  thought,  that  his  going'  out  of  the  way, 
mtgBt  incline  the  jury  to  believe  the  evidence 
(against  my  lord  lUissell)  for  his  ascending. 

Renutrkt^    If  is  reasonable  then  to  think, 

that  the  same  tenderness  for  that  noble  friend, 

sboaldalso  have  hindered  my  lord  of  Essex  from 

catting  his  own  throat,  at  such  a  time,  as  that 

wery  fiiend  was  bringing  upon  his  trial  for  life ; 

for  hia  lordship  must  believe,  that  such  his 

fltelf-mnrder,  would  soon  be  carried  to  the  Old 

Sailey ;  and  be  then  and  there  urged,  by  the 

Icin^'a  counsel,  as  a  greater  ars'ument  of  guilt, 

in  hj8  lordship,  than  his  absconding  would  have 

been,  and  that  such  his  lordship's  supposed 

^vilt,  would  be  then  misapplied,  by  the  king's 

Dounsel,  against  the  lord  Russell,  then  charged 

m»  an  accomplice  with  his  lordship,  in  a  trea- 

KHiable  conspiracy.    But 

My  lord  biahop  doth  farther  sa^,  that  when 
mkj  lord  of  Essex  was  sent  prisoner  to  the 
ITiower,  he  fpU  under  a  great  depression  of 
ipirita,  ao  that  he  could  not  sleep  at  ail.  That 
lajr  lord  bad  fidlan,  twice  bafora  that,  under 

VOL.  IX* 


not  persuade  tbe  world  to  believe  that  my  lord 
muraered  himself;  both  those  attendants,  and 
some  of  their  murdering  confederates,  must 
expect  to  be  hanged,  for  murdering  his  lord- 
ship. The  common  and  civil  law,  and  (I  be- 
heve)  the  laws  of  all  civilized  nations  upon 
earth' will  not  admit  tliat  man  to  be  a  good  wit« 
ness  in  a  cause,  when  it  shall  be  made  appear 
that  such  a  vritness  must  get,  or  lose,  by  tbe 
success  of  that  cause. 

But  the  bishop  will  sooner  give  credit  to 
vvhat  this  Bomeny  (with  an  halter  about  hia 
neck)  bad  informed  him,  as  to  my  lordN  having' 
been  seized  with  (pretended)  frenzical  passions, 
and  in  particular  with  one,  just  b^ore  bis 
death ;  in  order  to  make  the  world  believe,  that, 
under  that  passion,  his  lordsiiip  murdered  him- 
self. Than  the  bishop  will  believe  what  is  (as 
before  said  to  be)  sworn  by  more  than  fifty  dis« 
interest^  and  credible  witnesses,  to  prove  my^ 
lord's  being  murdered.  But  my  lord  biahop 
did  not  think  fit,  in  this  History,  to  tell  the  world 
from  whom  the  bishop  had  received  information, 
that  my  lord  of  Essex  bad  (before his  imprison- 
ment) twice  fallei^  under  great  fits  of  the  splasa, 

4P 


ISIS]  STATE  ntUU,  36  CvAELM  II.  1«U.— IHtf^^ArMMbaoMt^b,  (I3l( 


wfaidi  retonMd  odw  (whiltt  a  prisoiMr)  mNm 
him  with  more  Tiolence.  None  but  tbis  Bo* 
mea  J,  or  my  brd's  waiden  were  permitted  to 
6ome  to  his  lordship,  whilst  a  prisoner,  and 
therefore  none  else  ooald  possibly,  had  the  thing* 
been  true,  pre  tnlbnnation,  of  this  return  of  a 
fit  of  the  spleen,  with  more  Tiolence  whilst  his 
lordship  was  a  prisoner.  And  seeing  tfiat. ser- 
vant and  those  warders,  most  hare  expected  to 
have  been  hanged  for  the  murder  of  my  lord, 
in  case  those  three  Attendants. could  not  make 
the  worid  to  bdiere  that  his  lordship  murdered 
himself.  What  therefore  those  three  Tile  fel- 
lows shall  say  or  swear,  deserres  no  credit, 
'  when  contradicted  by  moltitades  of  disinterested 
i|iid  credible  witnesses,  who  prove,  hy^  many 
oonTincing  circnmstances  (bemre  particulariy 
related)  thst  my  lord  of  Essex  was  treacherously 
and  barbarously  murdered. 

The  bbhop  saith,  *  That  my  lord  had  sent  by 
*"  a  serrant,  whom  he  had  long  trusted,  and  wlio 
*  was  suffered  to  come  to  hira,  a  yery  mdan- 
■  clioly  message  to  his  wife,  that  what  he  was 
*■  charged  with  was  true.* 

Bemarki.  1  could  nerer  yet  learn,  that  any 
servant,  besides  Bomeny,  was  suiTered  to  speak 
to  his  lordship,  whilst  a  prisoner,  and  by  the 
bishoDjs  account,  even  my  lady  herself,  had  no 
■uch  libertv,  but  she  was  in  h<^>e8  to  obtain  it 
Vow  if  sucn  a  pretended  message  from  his  lord- 
diip,  was  mediately  or  immediately  by  Bomeny 
delivered  to  his  lady,  there  is  just  cause  to  be- 
Ueve,  that  ^y  thoee  murdermg  confederates 
Bomeny  was  instructed  to  send  sndi  a  message 
to  my  lady,  becanse  Bomeny  was  in  no  danger 
of  being  detected  by-  my  lady :  For  Bomeny 
w^  knew,  that  my  lord  was  to  be  murdered 
the  then  next  morning,  and  that  my  lady 
would  never  obtain  any  liberty  to  see  her  lord, 
whilst  a  prisoner  in  the  Tower. 

This  pretended  message  fiom  my  lord  to  my 
lady,  puts  me  in  mind  of  what  a  papist  (less 
than  two  years  since)  told  me,  viz.  That  he  was 
sure  my  lord  Essex  cut  bis  own  throat,  because 
he  was  credibly  infomtied,  that  his  lordship, 
even  the  day  before  bb  death,  had  by  message, 
or  letter,  assured  bis  lady,  that  the  then  next 
day  he  would  cat  his  throat. 

I  could  not  but  laugh  at  the  folly  of  this  in- 
fhrmer,  either  in  believing  such  a  story  himself, 
or  tliinldng  to  impose  the  belief  thereof  upon 
others.  But  if  Bomeny 's  murdering  confede- 
rates, bad  thought  fit  by  Bomeny  to  send,  as 
fi^m  his  lordship,  such  a  message  to  my  lady, 
as  my  informer  had  foolishly  suggested  he  did 
send,  I  do  not  question,  but  i^meny  wmild 
therein  have  obeyed  their  orders :  seeing  Bo- 
meny himself  well  knew,  that  the  then  next 
day,  afler  such  a  message  sent,  my  lord's  throat 
was  to  be  cut 

*  My  lord,*  saith  the  bishop,  *  ordered  many 
^  things  to  be  sent  to  him.     And  among  other 

*  things  he  called  several  times  for  a  penknife, 

*  with  which  he  used  to  'pare  his  nails  very 
« nicely.     Which  not  being  brou^^it  to  the 

*  Tower,  he  called  for  a  razor,  and  said,  that 
^woulddoaswelL'    . 


Remarks.  Hiat  BomcBy  didlirk3e,wbabl 
in  the  Tower,  send  to  my  mrd's  slewarf  for  t 
nenl^jiifh,  Dretcndhig  It  was  ftr  my  l«id,ii  titR : 
because  that  penknife  was  to  be  hid  by  mf 
lord's  body,  as  the  pretended  isstroBaK  of  siy 
knrd's  death.  But  that  penknife  net  Usg 
brought,  befi)re  my  Wm^'s  throat  wis  cot,  i 
razor  was  therefore  pretended  to  have  Ims 
given  to  his  lordship  to  pare  his  nails,  and  tlal 
razor  was  laid  by  tne  body  in  the  ckset,  as  ths 
pretended  instrument  of  my  lord's  srif-mirfo. 
But  that  this  story  of  the  deliveringa  iMorli 
my  lord  in  the  Tower,  was  forged  and  fsbe,  I 
hope  I  have  sufficiently  proved,  by  the  muj 
contradictions  bereinbcfbie  observed,  as  to  the 
tin^  of  delivering  this  razor  to  my  Isnl.  Bat 
that  the  penknife  was  first  intended  to  be  bid 

Sr  the  body,  as  the  preteoded  insonncat  of 
e  self-murder,  appears  very  probakle,  sot 
only  from  Bomeny  "s  sendii^  several  timei  ftr 
the  pen-knilfe,  but  also  even  fmn  what  BosMsy 
swore  at  my  trial.  For  when  Bomeny  vai 
there  sworn,  my  lord  chief  juslioe  Jefferiei 
asked  Bomeny,  How  came  your  lord  by  tbil 
unhappy  end,  pray  ? 

In  answer  to  which,  Bonseny  svean,  Tfait 
his  lord  did  call  sevend  timea  for  a  peolaife,  ti 
pare  his  nails ;  and  he  doth  not  snoe  dcdIiob, 
in  the  first  paragraph  of  bis  exaaunatioB  (it  my 
trial)  the  delivery  of  any  razor  to  my  lord,  ut 
afiter,  in  that  paragraph,  he  hath  several  tintf 
mentioned  the  penknife,  he  thensireaR,ibtf 
be  saw  his  lord  walldng  in  the  room,  and  fidt- 
ing  of  his  nails  with  the  pen-knife.  Botiay 
lord  chief  justice.  Jefieries  knowing  whrt  Ih- 
mcny  was  to  swear,  here  intenupts  bim,  ny- 
ing.  How,  with  a  penknife  f 

Then  BomOny,  ceecrflecting  his  iuitiuctim 
and  former  oath,  saith. 

No,  with  a  razor,  which  I  gave  bim.  M- 
don's  Trial,  (see  p.  1198,  of  this  volume.) 

The  bishop  saith,  *  That  when  my  Ml 
'  body  was  broi^t  home  to  his  own  besK, 

*  and  the  wound  was  examined  hj  his  own  nr- 

*  geon,  he  told  me,  it  was  imposaiMetbe  wooid 
'  could  be  as  it  was,  if  given  by  any  other  bmd 

*  but  bis  own.' 

Remarki.  This  undoubtedly  the  biebep  ke 
lieved  to  be  true,  from  that  surgeon^  n^ 
ledge  in  anatomy,  thongfa  the  reaeon  vbii^ 
that  surgeon  g^ves  for  such  his  opinioo,  ii  Mb 
fiilse  and  ridicuknis,  viz.  <  For,'  saith  UbIiv 
geon,  *  except  he  had  cast  his  head  back,  mi 
*'  stretched  up  his  neckaN  he  oould,  the  «p(» 

*  urteria  must  have  been  cnt' 

RemarkM.   Here  my  lord% surgeon  leo*" 
deny  that  iheaspera  arteriaufere  cut;  wbaar> 
the  two  surgeons,  which  viewed  the  body  • 
the  Tower,  swore,  that   the  atpera  vif^i 
were  cut    But  admitting  they  were  a<tgj»' 
'the  ridicnkuis  part  of  w»  surgeon^ m|*% 
wherefore,  none  but  my  lord  cooU  giv«  ^ 
cut,  consists  in  saying  ^to  this  efiec^ Tbiit*J 
persons  whatsoever  could  boW'my  birf»^*" 
90  far  back,  and  stretched  out  his  neck  totoA 
whilst  his  throat  was  cutting,  as  my  M  VSj 
selfeoulddo.    Now  this  «  €ontreiytBV>^ 


i5l7l    '  STATE  TRIALS^  36  Ghablbs  IT.  l6B4U->r  a  ItBsdmamM^.        [151^ 

WM  deckred  (belWe  tb«  Lords  of  die  C4mimit- 
tee«)  by  aevend  judicuNia  phynciaos  aod  sur- 
OMMify  wb»  wcire  great  anatomwtii.  For  all 
iiOM  anatoniists  told  their  lordsbina  of  the 
ooBunittBe,  that  they  wmld  poiitiTdv  say  that 
il  was  imponible  for  my  lord  to  cut  ois  throat 
thRMi||;h  each  jugular  vein,  evea  to  the  neck 
bone,  and  behuid  each  junior  Tcin,  on  each 
■de  the  neck,  as  wme  judicioua  surgeoos,  who 
had  obaefFed  mv  lord's  cut,  had.  reported  k  to 
be  ciit.  But  this  they  could  hie  positive  io, 
(viz.)  that  they  never  eaw  any  man^s  throat, 
which  was  cut  by  himself,  tliat  was  so  cut. 
liid  they  did  then  hurtber  declare  to  their  lord- 
ships, tmit  they  did  believe,  when  any  man  had 
'  cut  throuffh  one  of  bis  jugular  veins,  and  the 
gullet  and  wind  pipe,  nature  would  be  so  much 
weakened,  by  the  great  effusion  of  bkM>d.  and 
animal  spirits,  that  thefelo  de  se  woula  not 
have  natural  strength  Sufficient,  to  cut  through, 
and  behind  the  other  jugular,  as  my  lord's 
throat- was  said  to  be  cut*  Besides  my  lord 
bishop  vras  credibly  informed,  that  my  lord's 
ceotinel  had  confest,  the  letting  in  three  men 
to  my  lord  a  little  beibre  his  dntth,  and  that 
thereupon  be  heard  great  trampling  in  my 
lord's  chamber^  and  somethbg  fell,  or  thrown 
down,  like  the  M  of  a  man.  And  th  j  bishop 
was  further  credibly  informed,  that  four  men 
were  seen  bustling  in  mv  lord's  chamber,  a 
little  before  bis  deiSb  was  known,  and  that  one 
of  those  four,  this  informant  heard  cry  oiit 
murder!  several  times. 

Now  I  desire  to  know,  wh^er  two  of  those 
assassinates  lyinsf  on  my  lord's  body,  and  with 
tiie  additional  weight  of  the  third  ruffian's  body  ? 
I  say  whether  two  of  thoqe  three,  thus  assisted 
with  the  third  bravoe's  wei^t,  could  not  keep 
my  lord  upon  his  bellv,  whilst  the  third  man 
with  one  hand  pulled  back  my  lord's  head,  and 
stretched  out  hu  neck  as  for,  and  as  long  as  it 
was  neoessary  to  be  stretched  out,  whilst  with 
the  other  hand,  he  cut  his  throat,  almost  round 
the  neck,  as  my  lord's  was  cutP  Certainly 
,  those  ruffians  could  much  better  g^ve  such  a  cut, 
than  my  lord  himself  could  do  it 

Remmrki,  The  bishop  was  capable  (from 
■lany  proper  vouchers)  of  nving  ji  short,  and 
T^  an  mteiligibio  account,  m  wlut  was  proved 
oeiore,  at,  and  after  m  v  ti  ial,  relating  to  my 
lord  of  Essex's  being  barbarously  murdered. 
But  I  never  read,  so  impjerfect  and  confos^  a 
reUtaoii,  given  by  an  bistorian,  of  any  consi- 
«  denmle  fiict,  as  the  bishop  gives  (in  the  second 
recited  paragraph)  of  what  was  proved  before, 
nod  at  my  Trial,  relating,  to  my  lord's  murder. 

For  the  bishop  knew,  that  it  was  sworn  be- 
fore the  coroner,  by  my  lord's  servant,  and  one 
«f  Uis  warders,  (in  substance)  That,  *  A  razor 
<  was  delivered  to  my  lord  to  pare  his  nails,  that 

*  he  therewith  retired  into  bis  closet,  and  lodes 

*  the  door,  and  that  being  opened,  my  lord's 

*  body  was  there  found  with  his  throat  cut,  and 
*•  thai  razor  Ivii^  by  the  body.'  The  bishop 
•Ipo  knew,  that  upon  this  being  sworn,  my 
lord  of  JBssez  was  tound/e/b  de  se» 

How  the  bishop  also  knew,  that  what  the 


boy  and  giri  (by  him  before-mentioned)  had  re- 
lated, the  morning  my  lord  died,  to  their  re- 
spective relations,  was  a  contradiction  to  what 
was  sworn  before  the  coroner.    For, 

Those  two  children  declared,  That  they  saw 
a  bhMdy  razor  thrown  out  of  my  lord's  cham- 
ber window,  before  it  was  known  (to  any  out  of 
that  bouse)  that  my  lord  was  dead,  and  that 
the  maid,  who  took  up  that  razor,  aiid  carried 
it  into  my  lord's  lodgings,  did  thereupon  first 
discover  my  lord's  death  to  those  out  of  that 
house.  So  that  this  razor  was  not  locked  into 
the  closet,  with  my  lord's  body,  as  Bomeny 
and  Rttssel  had  sworn  before  the  oonmer. 

But  I  would  gladly  know,  of  any  man,  who 
reads  only  my  lord  bishop's  befure-mentioiied 
rdation  or  that  ibatter,  whethef  be  can  thereby 
tell,  how  the  two  children's  seeing  a  bloody 
razor  thrown  out  of  a  window,  did  any  ways 
contradict,  what  was  sworn  before  the  coroner 
to  prove  the  self-murder.  Or  how  that  rela- 
tion of  those  two  chiklren  (as  by  the  bishop  re- 
presented) did  any  ways  tend  to  prove  my  lord's 
being  murdered  by  otuers. 

The  bishop,  in  the  second  before'-roentioned 
paragraph,  gives  a  very  imperfect  and  unin- 
telligible account  of  my  trial ;  and  thereia 
saith,  that  the  boy  denied  (in  the  court]  biz 
having  seen  a  bloody  razor  thrown  out  of  a 
window.  But  saith  the  bishop,  the  girl  stood 
firmly  to  die  story.  And  that  as  soon  as  my 
lady  beard  of  it,  (which  must  be  understood  of 
what  was  sworn  at  my  trial)  *  She  ordered  a 
strict  inquiry  to  b^  made  about  it,  and  sent 
what  she  found  to  the  doctor,  to  whom  sh» 
had^entrusted  all  the  messa§[es  that  had  past 
between  her  loid  and  her,  whilst  in  the  Tower. 
When  I,'  saith  the  bishop  « had  perused  all,  I 
found  there  was  not  colour  to  found  a  prose- 
cution on,  which  sbe  would  have  done  w'idi 
all  possible  zeal,  if  sbe  had  found  any  appear* 
ance  of  truth  in  the  matter.' 
Renuirki.  It  seems  strange  to  me,  that  tay 
lady's  agents,  whom  sbe  had  employed  m 
those  inquiries,  after  what  was  proved  at  mv 
trial,  'concerning  my  lord's  being  murdered^ 
should  never  discourse  me,  nor  any  of  those 
witnesses  by  me  then  produeed,  relating  there- 
unto. And  I  do  liere  solemnly  declare,*  mat  nei- 
ther of  those  agents,  and  to  me  known  to  be 
sudi,  did  ever,  afVer  my  Trial,  and  before  the 
Revolution,  discourse  me,  or  (to  juy  knowledge 
or  belief)  did  they  discourse  any  of  my  wit- 
nesses, by  me  produced,  concerning  that  mat- 
ter. And  I  cannot  tell  finom  what  other  per- 
sons, her  honour  could  have  received  a  better 
information,  than  firom  me,  or  from  some  of 
those  witnesses,  as  to  what  was,  by  them^ 
sworn,  relating  to  my  lord's  death.  And  I  did 
never  bear,  before  this  History  was  published^ 
that  ahy  j>ersobs  from  my  lady,  had  ever  mada 
such  an  inquiry,  as  the  bishop  here  mentionsu. 
Neither  did  I  ever  speak  to  my  lady,  or  to  her 
son,  the  fother  of  the  present  earl  of  Essex,  in. 
all  my  Hfe.  But  I  have  now  just  cause  to  be- 
lieve, by  what  the  bishop  hath  bei'ore  writ,  ia 
rdntioB  tone}  and  by  the  bishop's  treating  ms^ 


13191  STATE  TRIALS,  96  Chahlks  II.  l6U.'^Tri^lofBrMon0miSpeke,[\$Z(^ 


with  gpreat  contempt,  ever  sinoe  I  renewed  the 
prosecutioa  of  this  matter  in  1688,  that  this 
Dishop  represented  me  to  her  ladyship,  and  to 
her  son,  the  late  earl,  as  an  enthosiastical,  and 
a  very  contemptible  fellow,  and  from  whom  ho 
informations  were  to  be  regarded,  and  therefoite 
it  was  not  fit  to  discourse  me  upon  that  occa- 
sion, or  wad  I  by  her,  of  her  son,  to  be  at  all 
consicfered,  for  what  I  had  expended,  or  other- 
wise done  or  suffered  before  the  Revolution,  for 
endeavouring,  by  lawful  means,  to  vindicate  his 
lordship's  memoiy,  and  to  wipe  off  that  great 
stain  upon  his  family,  from  that  infamous,  but 
indeed  false,  charge  of  self-murder  by  his  lord- 
ship. 

But  I  must  here  do  that  noble  family  the 
justice  to  declare,  that  they  were  at  the  charge 
of  near  a  twelve- month's  prosecution  of  this 
murder,  before  the  lords  committees,  and  se- 
veral justices  of  the  peace,  before  whom,  in  the 
interval  of  parliament,  several  witnesses  were 
examined  in  relation  to  this  murder.  For 
**  Upon  the  23d  of  February,  1688-9,  when 
the  hrst  general  committee  ot'lordir  met,  to  in- 
quire into  my  lord's  death,  and  upon  whose 
lordships  I  then  attended.  The  then  earl,  but 
ttfterwards  duke  of  Devonshire,  was  chair- 
man, and  that  noble  lord  then  declared  to 
their  lordships  of  that  committee,  that  it 
was  very  unreasonable  that  I,  who  had  suf- 
fered so  much,  in  ppn^on  and  purse,  in  the  then 
preceding  reigns,  for  endeavouring  to  discover 
the  true  manner  of  my  lord  of  Essex's  death : 
should  be  at  any  farther  expence  in  the  then 
prosecution  thereof. 

And,  some  short '  time  ailer  this,  sir  Henry 
Capel,  afterwards  lord  Capel,  the  then  late  earl 
of  Essex's  brother,  desired  me  to  meet  him 
such  a  day  and  hour,  at  Mr.  gallop's  chamber 
in  the  Temple  ;  where  I  waited  upon  him  ac- 
cordingly ;  and  sir  Henry  told  me,  that  I 
should  be  assisted,  with  whatsoever  money 
should  be  necessary,  for  a  vigorous  prosecution 
of  that  matter,  and  that  I  should  be  well  re-* 
warded,  for  what  I  had  done,  or  suffered,  or 
should  do,  in  the  service  of  the  family.  And 
thereupon  1  was  supplied,  from  time  to  time, 
with  what  money  t  desired,  in  about  twelve 
months  time,  in  the  prosecution  of  this  murder, 
before  the  Secret  Committee  of  lords,  and  some 
justices  of  the  peace,  who,  in  the  interval  of  the 
sessions  of  pal*[iainent,  bad  taken  several  infor- 
mations in  relation  hereunto,  and  some  of  those 
witnesses  were  sent  for  above  100  miles, 
fiome  about  70  miles,  and  some  30  miles,  and 
they  gjare  several  attendances  upon  the  lords' 
committees,  in  relation  to  their  respective  in- 
formations. 
The  bishop  saith,  <  That  my  lord  of  Essex 
had  got  into  an  odd  set  of  some  strange  prin- 
ciples. And,  in  particular,  that  my  lord 
thought  a  man  was  master  of  his  own  lite,  and 
seemetl  to  approve  of  what  his  wife's  great 
grandfather,  the  earl  of  Northumberland,  did, 
who  shot  himself  in  the  Tower,  after  he  was 
arraigned.' 
Remarks.   H«re  the  Inthop  wotild  hare  the 


world  believe,  that  my  k>rd  of  Enez,  in  nme 
cases,  justified  self-mutder. 

I  do  notthmk  the  bishop  himsdf  was  Ae 
first  inventor  a^  this  false  change  against  his 
lordship,  of  justifying  self-murder,  b^nse,  bjr 
what  I  heard  sworn  before  the  committee  «r 
lords,  I  have  good  cause  to  think,  that  faks 
charge'was  first  forged  by  my  lord's  confede- 
rate murderers  to  make  the  jury  and  the  woild 
believe,  that  when  my  lord  cat  nis  own  tfaroil, 
his  lordship  did  only  put  his  own  principles  brto 
practice.  * 

And  here  I  must  beg  the  reader's  patience 
and  permission,  for  repeating,  what  I  have 
herein  before  declared  to  be  sworn,  before  the 
Secret  Committee  of  Lords,  relating  to  fin 
matter.  And  I  do  hereby  again  solemnly  de- 
Clare,  diat  before  that  committee,  it  was  (u 
substance)  sworn,  when  I  v^as  attending  npoo 
that  committee,  by  Mr.  Fisher,  a  very  sobstHi- 
tial  and  a  very  honest  man  of  the  jury.  That 

This  juryman  told  Bomeny,  (my  lord's  ser- 
vant) that  he  had  heard,  his  lord  was  a  gsod 
man.  Whereupon  Bomeny  decfored  thai  bis 
lordship  was  as  good  a  man  as  lived.  Tbea 
(replied  the  juryman)  it  is  very  improbable  m 
good  a  man,  should  be  gnihy  of  the  greawt 
sin,  for  (saith  the  jtirytnan)  no  crime  can  well 
be  greater  than  setf-murder. 

Hereupon  major  Hawley  then  told  that  ju- 
ryman, that  whosoever  thought  tliatself-muraer 
was  unlike  faiy  lord's  principles,  was  not  wdl 
acquainted  with  his  lordship ;  for  many  ^ende- 
men  who  were  intimately  acquainted  with  tui 
lordship,  had  often  heard  his  loi'dabip  declare, 
that  any  man  might  cut  his  own  throat,  sr 
otherwise  destroy  himself,  to  avoid  an  infaoioot 
death.  And  therefore,  saith  Hawley,  this  sdf- 
murder,  is  according  to  my  lord's  avowed  prin- 
ciples. And  that  juryman  did  then  farther  de- 
pose, that  he,  believing  this  suggestioD  fron 
major  Hawley,  was  the  sooner  indtned  to  be- 
lieve that  my*  lord  himself  had  indeed  eat  bis 
own  throat. 

But  when  tlieir  lordships^  of  the  commitlee, 
asked  major  Hawley,  by  whom  had  he  been 
informed,  that  my  lord  of  Essex  had  ever  joi- 
tified  such  a  self-murder  ?  The  major  did 
thereupon  solemnly  declare  to  their  lordships, 
that,  before  my  lord's  inquisition  was  takes, 
he  did  never  hear  my  lord  had  been  of  soch 
principles,  and  therefbre  he  could  not  suggest 
the  same  to  the  jury.  And  the  major  dkl  thea 
also  farther  declare,  that  he  was  not  near  the 
jury,  at  that  public  house,  where  they  did  con- 
sider of  their  inquisition,  all  the  time  that  jmy 
was  upon  that  inquiry. 

It  Is  well  known  to  many  gentlemen  now 
living,  and  that  were  men  of  conversation  abeot 
town,  a  little  after  my  lowVs  death,  that  it  wis 
i^  all  parts  of  the  city  and  suburbs,  iwhistrioin- 
ly  reported,  that  my  lord  of  Essex  had  josti- 
fied  self-murder,  as  lawful,  to  avoid  an  infiuBOSs 
execution.  But  major  Hawley 's  denying  tbet 
he  did  ever  suggest  this  to  the  jury,  which  » 
positively  sworn  against  him,  and  then  dedir- 
ingtfaat,  never  before  the  taking  thatiaqoiB* 


1521]        STATE  TRIALS,  ^6  ChabLes  II.  1684.— /m-  a  MUiemeanar.        j[13S2 


tion,  did  be  hear  my  lord  chaived  with  holdings 
rach  a  t>riiiciple.  This  denial  of  the  major, 
platolj  profes,  that  be  was  cornKsiouB  to 
.  nimsdf,  that  this  pretended  principle,  by  him 
chafved  upon  bis  lordship,  before  the  coroner 
and  fiiB  jary,  wa«  a  iatoe  sojg^gestion,  and  ma- 
liciously invented  lie,  and  mitred  by  my  lord's 
murderug^  confederates,  some  of  which  had, 
before  that  iury  sat,  therein  pre-instructed  the 
major,  and  naa  engaged  him  therewith  to  cor- 
rupt the  jury,  so  that  they  migfht  be  the  sooner 
mclined  to  jielieve,  that  my  loni  did  indeed  cut 
.  bia  own  throat* 
•  Afterthe  bishop  (in  the  before  second  insert- 
ed paragraph)  badygiren  a.  confused  and  im- 
perfect account  of  r  trial,  without  saving  whose 
trial,  relating  to  my  lord's  death.  And  of  what 
,  two  children,  at  that  trial,  had  sworn,  rehting 
t6  a  bkMMly  ra^r  thrown  out  a  window,  without 
saying  whose  window.  And  of  what  inquiries 
the  \w\y  Essex  had  made,  in  relation  to  what, 
at  that  trial  was  sworn,  about  her  husband's 
death.    The  Inshop  then  saith  f 

'*  But  that  timefwhichby  the  bishop's  before 
relation  only,  will  oe  understood  to  be  after  the 
trial  beforementioned)  one  Braddon,  whom  I, 
said  the  bishop,  had  known  for  some  years, 
for  an  honest  but  enthusiastical  man,  hearing 
of  those  stories  ^  which  most  men  understood  to 
signify  all  the  facts,  which  the  bishop  in  that 
paragraph  had  before  related)  resolved  to  carry 
the  matter  as  fbx  as  it  would  go,  and  he  had 
picked  up  a  great  yariety  of  little  circumstances, 
ail  which,  laid  together,  seemed  to  him  so  con- 
vincing, that  he  thought  he  was  bound  to 
prosecute  the  matter.  I,  saith  the  bishop, 
desired  him  to  come  no  more  near  me,  since  he 
was  80  positive.  He  talked  of  the  matter 
so  publicly,  that  he  was  taken  up  for  spread- 
ing false  newS)  to  alienate  people's  hearts  from 
the  king." 

Remarks.  I  stand  amazed  how  the  bishop 
(in  hiti  Pi-eface  to  his  late  History)  could  make 
an  humble  appeal  to  the  great  God  of  truth, 
tluitj  in  his  said  History  he  tells  truth  on  all 
occasions,  (and  consequently  in  his  two  before 
recited  paragraphs,  and  in  all  other  parts  of 
that  History;  for  to  all  parts  tliereof  that 
bumble  appeal  is  applicable)  as  fuUy  and  freely 
as  upon  bis  best  inquiry  he  was  able  to  find  it 
out. 

'  Now  I  will  not  say  that  the  bishop  knew 
several  facts  (in  the  two  before  recited  para- 
graphs) related  as  true  to  be  false. 

But  I  am  sure  he  had  received  such  informa- 
tion upon  oath,  as  would  have  made  any  ju- 
dicious and  unprejudiced  gentleman  to  believe 
several  of  those  of  facts  therein  asserted  for 
true,  to  be  falie. 

And,  in  particular,  the  bishop,  in  the  second 
reciied  paragraph,  in  subsunce,  saith 

'^  That  it  was  believed  the  boy's  father,  who 
bad  a  place  in  the  custom-house,  had  jtrevailad 
with  the  boy  at  the  trial  to  deny  his  having 
seen  a  bloody  razor  thrown  out  of  the  win- 
A>w." 

Whereas  ths  bidiop  knew  that  tbs  father, 


atmytriaj,  uponhia  son's  beine  sworn,  did  in  a 
most  solemn  manner,  charge  his  son  to  speak 
the  truth.  And  the  father  did  then  repeat  that 
solemn  charge  to  his  son,  to  speak  nothing 
but  the  truth.  (Vide  Braddon^s  Trial,  p.  1151, 
of  this  Volume.) 

And  the  bishop  was  also  credibly  infocmed» 
that  this  son,  when  eighteen  years  of  age,,  did 
depose  before  the  Lords'  committee,  that  the 
reason  wherefore  he  did,  at  my  trial,  deny  his 
having  seen  tlie  bloody  razor  thrown  out  of 
the  window,  was,  because  major  Hawley,  at 
whose  house  my  lord  was  murdered  (the  rnqm- 
ing  of  my  trial)  did  threaten  him,  a  little  before 
he  was  onunined  in  court,  and  told  h\m,  in 
great  rage,  that  he  ought  to  be  whipped,  once 
a  fortnight  for  seven  years  following,  for  re« 
portiue  that  he  saw  the  bloody  razor  <.thnnva 
out  of^the  window.  And  the  fi^^-  did  .Jifdae, 
That  such  threatemng  from  major  Hamey  did 
make  him  deny  it  at  my  trial,  lest  he  should  be 
severely  punbhed,  if  he  had  swon^  it  to  be  true* 
And  the  bishop  saith  that  the  boy  went  back- 
wards and  forwards,  in  his  story,  sometimea 
affirming,  and  at  other  times  denying  it. 
Whereas  the  bishop  was  credibly  informed,  by 
the  oaths  of  that  boy,  and  his  sister  before  the 
Lord's  committees,  when  the  boy  was  18  and 
his  sister  then  above  20  years  old,  that  the  only- 
reason  of  diat  boy's  first  denying  the  truth,  cjf 
what  be  had  reported,  relating  to  the  razor, 
was  beoiuse  that  sister  (in  a  threatening  man- 
ner told  him,  when  thirteen  years  of  age)  that 
he  would  be  hanged  for  that  report,  and  that 
bis  father  would  be  turned  out  of  nis  place,  and 
all  the  family  would  be  ruined. 

The  bishop  saith,  that  ^  I  had  picked  up  a 
'  great  variety  of  little  circumstances  relating  to 
'  my  lord's  death.? 

Jnemarks,  It  had  been  but  justice,  to  the 
true  character  of  my  lord  of  Essex,  and  it  had 
been  but  gratitude  to  the  memory  of  the 
bishop's  noble  benefactor,  for  the  bishop  to 
have  particularized  that  great  variety  of  (what 
the  bishop  calls)  little  circumstances,  in  proof 
of  my  lord's  being  murdered ;  and  the  bishop 
should  h^ve  left  the  world  to  judge,  whether 
that  great  variety  of  circumstances,  I  had 
picked  up,  had  been  little  or  great  proofs  of 
my  lord's  having  been  barbarously  murdered. 
And,without  particularizing  the  circumstances, 
([of  all  which  the  Inshop  had  been  particularly 
informed,  and  was  well  assured,  thev  were 
attested  by  the  oaths  of  several  credible  inform- 
ants) how  could  the  bishop  make  good  that 
part  of  his  solemn  appeal  to  the  great  God  of 
troth,  tha4(in  relation  to  this  matter)  he  hath 
as  fully,  and  freely,  told  the  truth,  as  he  was 
able,  upon  bis  best  inquiry,  to  find  it  out  ? 

The  bishop  saith,  That,  <  I  talked  of  the 

*  matter  (meaning  the  proofs  rdating  to  my 
'  lord's  being  murdered)  so  publicly  that  I  was 

*  taken  up  for  spreading  false  news,  to  alienate 

*  the  people's  hearts  from  the  king ;  and  that  I 

*  was  tried  upon  it.' 

RemarkM,  But  the  bishop  was  credibly  inform* 
ed,nstfromDieoiily,batby  what  was  proved  at 


13291  STATE  TRIALS^  SSChablbs  IL  l6%l^THU  pfBmii^miiS^,  [1334 


my  trial,  and  bdbre  the  JLords*  ComtnitttWi 
Tbmt  the  Thuraday  next  alWr  my  lord  V  death, 
I  waited  on  the  thai  aecretary  of  state,  with  the 
aahstanoe  of  what  oould  be  sworn,  by  the  be- 
ibremeationed  boy  and  his  mother,  inrrelation 
to  the  boy's  seeing  a  razor  thrown  oat  of  my 
lord's  chamber  wmdow.  And  that  the  secre- 
tary ordered  me  to  attend  tha  then  next  morn- 
ing with  those  two  informants.  And  that  I  did 
then  atteod  accordingly,  and  the  secretary  be« 
ing  infonned  (when  with  the  kbg  in  cooncil) 
that  I  did  attend  with  soaoe  witnesses,  pursuamt 
to  his  lordship's  order,  that  1  was  iminediately 
takm  into  custody,  by  one  of  the  king's 
messenger^,  before  ehber  I  myself,  or  either  of 
those  informants  (by  *  me  then  brought  to 
Whitebali)  were  examined.  And  a<ier  exami- 
Batkm,  I  was  obUged  to  giro  bonds,  with  good 
snictiea,  in  two  thousand  pounds,  to  appear  the 
then  next  term. 

So  thai  the  bishop  was  well  infinmed,  thai  I 
waa  not  then  taken  up,  for  talking  of  this  mat- 
ter ;  but  for  obeying  the  secretary's  order,  and 
for  bringinff  witnesses  to  prove,  that  a  Moody 
laaor  was  tnrown  out  of  my  lord's  chamber 
window,  before  his  death  was  known  to  any  out 
of  that  House. 

The  Msbop  also  knew  .(from  my  printed 
IVial)  that  it  was  not  thenprored  against  me, 
that  I  ever  said  that  my  lord  of  £sses  waa 
nrardared,  or  that  I  did  ever  say  any  thing,  re- 
flective upon  the  then  government  rcSting 
Acrounto. 

80  that  the  bishop  was  very  well  infonned,from 
what  was  sworn,  at,  and  after  my  trial,  that  I  waa 
not  taken  up  and  prosecuted  for  talkhig  of  that 
matt^,  and  spreadtniir  ftlse  news,  (wnich  the 
bishop  hath  asssrtefn  but  for  prodocing  those 
witnesses,  whose  information  tended  to  prove, 
that  my  lord  of  Essex,  ('one  of  the  two  greatest 
bsBefoctors  which  the  nishop  ever  had)  waa 
most  treacheroualv  and  barbarously  murdered. 
—How  then  could  the  bishop  cell  the  great 
God  of  truth  to  witness,  that  he  did  believa,  I 
was  taken  up  and  prosecuted  for  talking  of  tiiis 
matter,  and  for  spreading  folae  news,  when  he 
had  read,  what  was  (as  above)  sworn,  in  proof 
af  die  contrary  thereunto. 

I  have  now  concluded  the  Remarks  I  have 
thought  At  (at  present)  to  make  upon  what  the 
hish^  writ,  in  relation  to  the  earl  of  Essex's 
imprisonment  and  death.  And  I  shall  now 
make  some  fow  reflections  upon  what  one  Mr. 
Monslephens  swore  at  my  trial.  This  Mr. 
Monstrahens  was  onder-secretary  to  the  old 
aarl  of^8underiand,when  my  lord  of  Essex 
died.  And  upon  Thursday  morning  next  after 
my  lord  of  j^nex's  death,  I  went  alone  to  the 
loni  Sunderland's  office,-  with  the  substance  ^ 
what  the  young  Edwards  and  his  mother  oook^ 
■Wf*ar,  (rehiting  to  tiiM>winf  the  bloody  rasor 
out  of  my  lord's  chamber-window)  intending  to 
haw  shewn  the  aame  to  his  kirdship.  But  my 
lord  not  being  then  at  his  office,  Mr.  Bloaste- 
pheos  then  told  nte,  that  my  best  time  to  spMk 
vidi  bii  kirdshlp,  would  he  about  four  o'obcsk 


that  aftemoen,  when  I  did  if^aiB  go  itee,tiMi 
second  time,  to  that  office,  where  I  ^  igan 
speak  with  Mr.  Monstephens,  who  told  dm  that 
my  lord  Sunderland  was  tbea  waitiwapsa 
pnnoe  George  of  Denmark,  at  the  dacbm 
of  Portsmouth's  lo<^nga,  and  that  I  had  bat 
wait  there,  and  deliver  those  pafKrs  to  lay 
lord— I  told  Mr.  Monatephena  1  nothcr  kanr 
my  lord  Sunderland's  person,  nor  the  rtnriw 
oiPortsraouth's  kidsings. 

Wherirapeii  Mr.  Monstephens  told  me,  that 
he  would  go  with  me,  and  shew  me  thoaa 
lodgings,  and  speak  to  his  lordship  rwirniii^ 
me.  And  Mr.  Monstephens  aoeoidiagiy  weat 
with  jne  to  those  lodgings,  and  as  my  M 


Sunderland  was  passing  \y  us,  Mr. 
phens  toid  his  hydship  1  had  aooae  papers  la 
give  him,— Where^^n  I  gave  his  honour  dw 
two  bolbre-mentioned  intbrmaiiona,  ofdieky 
and  his  mother.  My  lord  Smaderland  caai- 
naanded  me  to  attend  him  the  then  next  nom' 
ing,  and  to  bring  those  informants  with  ne. 
And  the  next  morninff,  I  did  attend  wiih  dia 
boy  and  his  sister,  who  could  prove  what  the 
mother  therein  could  testify,  and  the  modier 
was  sick.  And  this  was  the  first  time  that  Mr. 
Monstephens  saw  either  the  hoy  or  kM  suttn 
wkk  me :  and  my  lord  being  then  in  the  eaoa- 
dl  with  the  kin^  and  duke  of  York,  and  many 
more  fords;  and  his  lordship  being  iaftnaad 
that  I  did  attend  pursuant  to  hia  kwdahia'a 
order,  I  was  thereupon  taken  into  custody,  sa> 
fore  myself,  or  the  boy,  or  his  sister  were  <i- 
aaoiaea:  and  what  infas  then  and  there  ftrthcr 
done,  relating  to  me,  I  have  heranbflibraal 
large  related. 

But  when  this  Mr.  Monstmheas  (at  aiy 
Trial)  was  sworn,  he  did  deny  that  he  saw  as 
at  the  diichem  of  Portamonih'a  lodgings,  <a  tbs 
Thursday  evening  before  •meDtaMMMl.'  M 
when  1  then  asked  him  whether  I  waa  aotwidi 
him,  on  the  Thursday  momiag,  before  I  baaaikt 
theboy  or  his  sister:  herapliad  *  no,  Ldid  sal 
'  then  see  you  there,' 

I  didthen  desire  to  know  of  Mr.  Mooale- 
nhena  whether  he  could  be  poaitive  in  that? 
Whereupon  Mr.  Monstephens  afi;ain  nplKd, 
*  yes,  I  will  take  my  oath  again  of  it'  (Bnd- 
don's  Trial,  n.  lisa,  of  this  votkuae.)  Wban- 
as  in  foot,  1  never  brought  the  boy  and  hia 
sister  until  the  Friday  morning,  and  that  waa 
the  first  time  Mr.  Monstephens  ever  saw  dtbor 
of  them  with  me ;  though  (as  before)  bs 
did  duice  (in  effect)  swear  contrary  tbaeiarta. 

Not^.  After  niy  trial  1  was  crediUy  ia* 
formed  that  this  Bur.  Monstephens  broug1it(ia 
his  pocket)  to  my  trial,  that  wy  raaor,  wh«e- 
with  he  pretended  my  lord  oi  Esacy  oat  bit 
own  throat.  And  he  would  then  haveprodond 
the  same,  had  it  been'  calied  for.  Andthia 
raaor  he  did  often  shew,  as  the  pretended  ia- 
stmrocnt  of  iby  lord's  death  |  and  if  in  reklioa 
tadus  gentbdnan'a  sin,  (in  thrice  drying  thi 
troth)  and  his  misfortune,  we  might  aigiiefrM 
sins  to  punishments,  Ida  daadi  was  tciy  re* 
markabfe.  For  some  years  after  the  Rmlo* 
don  he  cut  his  nwB  throat  witha 


1 525]         STATE  TRl AU»  80  Chablhs  II.  1 6S4^or  a  MiidemoM&r,        { 1326 

Bat  whether  with  tiie  TtryMme  rasor  (which 

he  had  kept,  end  often  shewn  as  the  pretended 

instmineBt  of  my  lord's  death)  1  cannot  sav  : 

Irat  of  this  I  was  very  well  aasured,  that  this 

very  gentleman  did  oflen,  in  Newgate,  Tisit 

Holland,  (before- mentioned  as  one  of  my  lord's 

assassinates)  when  nnd«%r  condemoation  for  a 

robbery,  and  then  many  times  brought  him  mo- 
sey, and  ifreat  assoranoes  of  a  pardon,  which 

was  soon  after  obtained.    And  1  have  eood 

reason  to  believe,  that  this  Mr.  M onstephens 

bad  receiTod  a  credible  information,  that  this 

▼ery  Holland  was  the  man,  who  (with  the  as- 

wsCance  of  two  other  hraToes)  cut  my  lord's 

throat  with  a  large  knife,  and  consequently 

Mr.  Monslephe&s  did  not  befiere  that  the  razor, 

by  hhn  kept  and  shewn,  was  the  mstrument  of 

my  lord's  death. 
1  shall  now  give  the  reason  wherefore  the, 

House  of  Lords  eame  to  no  Resohitioii,  as  to 

the  manner  of  the  lord  of  Essex's  death.    And 

I  must  hete  beg  leaye  to  repeat  how,  and  when, 

those  Examinations  and  Informations,  taken 

by  the  Secret  Committee,  were  bronght  be- 
fore the  House  of  Lords,,  and  what  order  (hat 

House  then  made,  relating  thereanttA 

The  5th  of  Febmary,  IdSS-O,  The  four 

voder-written  lords  were  appointed  to  be  a 

dose  Committee,  to  inquire  mto  the  death  of 

the  earl  of  Essex,  (Tiz.>     Earl  of  Bedford, 

carl  of  Devonshire,  lord  Mordant  and  lord 

Hekmere,   whose   lordshipa   were   to   meet 

vhen,  and  where,  and  as  often,  as  they  pleased. 
'    Before  this  Secret  Committee  there  have 

been -examined  about  60  persons ;  and  some  of 

those  witnesses  several  times  attended,  when 
uther  occasions  prevented  the  meeting  of  three 
of  their  lordships,  widiout  which,  uer  could 
Bot  act  as  a  Committee  ^  The  then  Solicitor 
General,  (Somers,  afterwards  Lord  ChanosIk>r) 
and  major  Wildman  (then  General  Post-Mas- 
ter) were  several  times  present  with  this  Com- 
mittee, and  permitted  to  ask  those  wimesses 
what  questions  they  pleased,  in  order  to  the 
oiore  full  information  to  their  lordships. 

From  the  5th  of  February,  1688-9,  to  the 
middle  of  May  then  foUowing,  I  believe  their 
lordships  appointed  above  thirty  meetings ;  and 
af>er  they  bad  examined  above  40  persons,  re- 
kting  to  my  lord's  death,  the  duke  of  Devon- 
shire, being  chairman,  delivered  those  exami- 
nations, and  ioformations  to  the  said  sir  John 
Ciomers,  and  major  Wildman,  and  desired  them 
to  draw  the  matter  up  in  the  form  of  a  report, 
with  proper  references  to  each  examination 
and  mfbrmation,  wherein  the  matter  of  the  re- 
port was  more  fully  contained.  *      > 

Major  Wildman  deshred  sir  John  Somers,  that 
be  (the  major)  might  draw  a  rough  draught  of 
the  Report,  and  he  would  then  send  the  same 
to  sir  John  Somersfor  his  consideration  and 
oorrection.  But  soon  after  the  major  thus 
received  those  informations,  he  was  seized  vrith 
a  violent  6t  of  the  gout,  which  (for  the  most 
part)  confined  him  to  his  bed  until  the  9dd  of 
that  May.    And  in  that  monti)  of  May  the 

Mag  isoBuniaeDoned-  die  duke  of  Defoo,  the 


earl  of  Monmouth  and  the  lord  Delamere, 
Mr.  Wharton,  (afterwards  k^rd  Wharton)  to  go 
down  into  the  north,  and  there  to  regulate  that 
part  of  the  army  which  had  there  mutmed.— 
The  earl  of  Monmouth,  the  lord  Delameare  and 
Mr.  Wharton,  (went  upon  that  occasion)  out  of 
town  before  the  82d  of  that  May,  and  upon  that 
morning  my  lord  Devonshire  sent  me,  from 
Bedford  House'  in  the  Strand,  to  roi^r  Wild- 
man  and  sir  John  Somers  for  that  report,  and 
for  all  Uiose  informations  and  examinations, 
which  bad  been  taken  by  the  Committee. 

When  I  came  to  major  Wildman,  (at  the 
Post-Office^  I  found  hhn  ill  in  bed,  and  in  great 

Kain  with  the  gout  The  major  told  me,  how 
e  had  been  (with  the  goutO  prevented,  frona 
drawing  up  that  report — Upon  my  return  to 
BedfoTu  house  1  did  acquaint  the  duke  of 
Devonshire  with  what  the  mmor  desired,  and 
the  reason  thereof. — ^Butthe  diike  of  Devonshire 
then  declared,  that  he  had  promised  seveml 
tords,  that,  before  he  went  mto  the  north  to  re- 
gukte  the  army,  he  would 'bring  those  exami- 
natk>ns  and  informations  into  the  House,  and 
therefore  he  would  perform  such  his  promise^ 
and  bring  them  into  the  House,  without  the 
form  of  a  report  in  rdation  thereunto.-^And 
thereupon  sent  me  the  second  time  to  major 
Wildman,  for  those  informations  an^  examine^ 
tkm ;  vrhich  were  delivered  to  ma|or  Wild- 
man,  without  bdngput  info  that  order,  wbei^ 
they  ought  to  have  been  read. — And  it  being 
near  two  of  the  dock  when  I  hroofl^t  them  to 
Bedford  House,  and  the  duke  of  Devonshiiw 
then  in  great  haste  to  go  to  the  House  of 
Lords,  he  Carried  them  into  the  House,  and  de- 
fivered  them  to  Mr.  Walker,  the  deputy  clerk 
of  that  House,  put  up  in  that  disorder,  wherein 
miyor  Wildman  delivered  them  to  me.  And 
there  being  above  fort]^  of  those  informationa 
and  examinations,  all  which  could  not^  that 
afternoon,  be  read  an^  weU  considered  by  the 
House,  therefore  die  House  deferred  the  reading 
of  them  until  the  then  next  day. — Aftd  the 
then  next  morning  betimes  my  lord  Devon- 
shire took  his  journey  into  the  north,  upon  the 
commission  aforesaid.  On  the  S3d  of  M^y^ 
1689,  those  informations  and  examinations, 
wherein  there  was  great  variety  of  matter,  were 
read  in  the  House  of  Lords,  and  but  one,  of  the 
four  Lords  of  Committee,  then  in  the  House, 
(viz.)  the  old  duke  of  Bedford,  who  was  then 
about  80  years  of  age. — And  those  informa- 
tions and  examinations  were  read  in  no  proper 
order,  (viz.)'Tbose  which  related  toonemattsVp 
were  not  all  read,  before  some  others  were 
'  read,  which  had  no  relation  to  the  matter  Of  the 
immediately  preceding  informatioDs. — And  for 
as  much  as  none  could  speak  so  regularly  to 
the  several  subject  matters  m  those  informations 
and  examinations  respectively  contained,  as 
those  Lords  Committees,  who  were  then  out  of 
the  House,  therefore  the  consideration  of 
that  business  was  suspended,  until  the  lord 
ste^rard,  ^the  duke  of  Devonshire)  the  ear)  of 
Monmouth,  and  the  lord  Delam€f«  should  re- 
turn out  of  the  country.    And  this  appeara 


1327]  STATE  TRIALS,  59  Ca AMES  II.  l6M.'^T)M0fBr€idMMiSpdsi,[m% 


more  fullj,  by  ibe  Mowing  Order  of  Oiat 
House,  (tiz.) 

Die  Jovis,  29  Mail,  1689. 

*  After  'dreading  sereral  papers  and  depoa- 
ft  tions  relatiDg  to  the  death  or  the  late  earl  of 

<  Essex.  It  is  ordered  by  the  Lords  spiritual 
(  and  temporal  in  parliament  assembled,  that 
« the  consideration  of  this  business  shall  be  sus- 
«  pended  until  the  return  of  the  lord  steward,  the 

<  earl  of  Monmouth,  and  the  lord  Delamere, 

*  who  were  of  the  committee  before  whom  they 
« were  made,  and  who  are  now  in  the  country 
4  in  his  majesty's  services.  And  it  is  farther 
«  ordered,  that  the  said  depositions  and  papers 

<  shall  be  sealed  up,  and  kept  by  the  clerk  of 

*  the  parliament  in  the  mean  time. 

*  John  Browne,  CI.  Pari.' 

Those  Depositions  and  Examinations  lay 
9  sealed  up  with  the  clerk  of  the  parliament,  un- 
til the  then  next  sessions,  and  upon  the  26tb  of 
October  then  next  following,  tne  lords  of  this 
secret  committee  moved  for  reviving  that  com- 
mittee, which  the  House  revived  by  the  follow- 
ing Onler : 

Die  Sabbatis,  96  Octobris,  1689. 

*  Ordered  by  the  Lords  spiritual  and  tem- 
<~poral  in  parliament  assembled,  That  the  com- 

*  mittee  appointed  on  the  5th  day  of  February, 

<  to  take  informations  concerning  the  death  of 

<  the  la)e  eafl  of  Essex,  be,  and  is  hereby  re- 

*  vived,  to  continue  and  sit  as  before. 

*  John  Browne,  CI.  Pari.'* 


.  *  It  appears  by  the  Lords'  Journal,  that  im- 
mediately on  the  meeting~of  the  Convention,  in, 
January  1689,  consideration  was  had  of  the 
death  of  lord  Essex  :  and  the  account  given  in 
the  text,  so  far  as  it  extends,  agrees  with  tlie 
entries  in  the  Journals.  The  latest  day  on 
which  I  have  found  any  such  entries,  is  the 
28th  of  November,  in  the  same  year. 

It  was  then  ordered  by  the  House,  *  That 
'  such  persons  as  are  now  under  bail  by  recog- 

*  nizance,  concerning  the  death  of  the  late  earl 

*  of  Essex,  shall  be,  by  the  Court  of  King's- 
*'  bench,  bound  over  to  appear  the  first  day  of 
<  Hilary  Term  next.'  And,  '  That  the  De- 
'  positions  conceminff  the  death  of  the  late  earl 

*  of  Essex,  now  sealed  up,  and  in  the  custody 
'  of  the  clerk  of  the  parliaments,  shall  be  de- 

*  livered  to  the  Lords  committees  appointed  to 
f  examine  the  said  business.' 

,  It  seems  likely,  that  no  farther  proceedinefs 
in  the  House  ot  Lords,  at  least,  were  had  m 
the  matter;  and  1  conjecture,  that  theDepo-" 
sitions  were  never  returned  to  the  clerk  of  the 
parliaments.  Through  the  very  obliging  in- 
terposition t)f  the  present  earl  of  Essex,  a  most 
diligent  search  has  just  now  (Oct.  1810)  been 
made  in  the  Parliament  Office,  but  none  of  the 
rapers  relative  to  the  proceedings  had  in  the 
Committee,  on  the  matter  of  the  earl  of  Essex's 
death,  appear  to  be  there  extant.  It  probably 
would  not  be  easy  to  aaoertain  what  became  of 
tlwni' 


Whereupon  the  befort-mentkmed  Depoa^ 
tinns,  and  other  jpuiers,  whidiwere  then  Mtled 
up,  and  in  the  oferk's  csvtody,  were  redelivered 
to  the  chairman  of  this  committee,  and  sevenl 
other  yenaaa  were  examined  by  tboee  Lordi 
committees,  wiio  had  many  more  meetiDgi  be- 
fore the  beginning  of  January  then  foUowiiig; 
about  which  time  their  lordships  finished  their 
inquiries  under  this  last  mentioned  order.  And 
then  my  lord  Delamere  was  resolved  te  6av 
up  the  Keport  him^lf,  and  to  pr^^ent  the  same 
to  the  rest  of  those  Lords'  committees  for  thdr 
correction  and  approbation.  But  before  lord 
Delamere  had  finished  that  intended  Report, 
that  parliament  was  prorogued,  and  the  6th  of 
February  then  followmg  dissoUed,  andcoDse- 
quently  all  ftilher  proc^dings  hereupon,  there- 
by stopped* 

So  tnat,  in  fact,  there  never  was  any  regular 
Report  made  by  those  Lords  of  that  secret 
committee,  nor  did  the  House  of  Lords,  ootbe 
before-mentioned  ISSrd  of  May,  any  farther 
consider  those  depositions  and  papers  rebting 
to  that  matter,  than  to  order.  That  the  consi- 
deration of  that  business  should  be  suspended, 
till  three  of  those  four  Lords'  committees  sbooU 
return  out  of  the  country,  where  they  were 
then  in  his  majesty's  service.  Wherelore  tbe 
House  of  liOrds  could  come  to  no  resolutios, 
as  to  the  manner  of  my  lord  Essex's  death, 
until  their  lordships  had  considered,  vihat  eri- 
dence  had  been  given  before  the  coroner,  to 
prove  the  pretended  self-murder,  and  what 
evidence  there  had  been  produced  before  the 
secret  committee,  that  his  lonlship  was  treache- 
rously and  barbarously  murdered.  And  many 
of  those  informations  and  examinations,  were 
taken  by  this  secret  committee,  after  tbe  S6th 
of  October,  1689,  bu^  by  that  conunittee,  by 
reason  of  the  b^ore-mentioned  prorogation  and 
dissolution,  were  never  brought  into  Uie  House 
of  Lords. 

And  for  the  reasons  herein-before  meotioped, 
the  House  of  Lords  did  never  faSiv  consider 
the  evidence,  for  and  againtit  the  seff-murdtf, 
and  so  their  lordships  could  not  come  to  any 
Resolution,  as  to  their  opinion,  of  the  true 
manner  of  the  death,  of  that  great,  but  noibr- 
tunate  lord,  Arthur  earl  of  Essex,  in  168S. 

Oljection,  It  may  be  objected.  That  if  their 
lordships,  of  this  Secret  Committi<e,  had  be- 
lieved, that  those  Informations  and  Exanuoa- 
tions  by  them  taken,  relating  to  my  lord's 
death,  had  proved,  that  the  earl  of  Essex  was 
murdered  by  others.  That  then  those  Lords 
committees  would  have  moved  the  House  of 
Lords,  in  1690,  when  the  new  parliament  (after 
the  dissolution  of  the  Convention  Pariiameot} 
iirst  met.  That  the  said  close  committee  might ' 
be  revived,  in  order  to  their  making  a  Report, 
upon  what  informations  and  examinations  had 
been,  as  before,  taken  relating  to  this  matter. 
Because  the  proof  of  that  murder,  npoo  tt^ 
hue  king  James,  when  duke  of  York,  woaM 
have  been  of  singular  service  to  the  Revoliitioa 
interest.  And  for  as  much  as  no  such  motisa 
WW  made  by  those  V>rds  ctynmittees,  In  soy 


S 


13S9]       STATE  TRIALS,  SfiCHARLEs  IL  iSU.'-^for  a  Misimu^nor}       [1330 


«e8ft(ni9,  after  the  dissolution  of  the  Convention 
l^rliament.  It  arefoes  to  those  objectors,  That 
the  Lords  of  that  secret  committee,  did  not  be> 
lieve,  that  all  the  proofs,  by  them  taken,  wer^ 
sufficient  to  incline  the  House  of  Lords  to  be- 
lieFe,  that  Arthur  earl  of  Essex  was  murdered 
hj  others. 

Aiwuf.  I  da  conf«M8  that  the  Lords  Com- 
mittees did  not  move  in  that  new  parliament,  in 
1690,  to  revive,  this  Committee,  in  order  to 
their  makinf^  a  report,  upon  the  proofs  by  them 
taken;  relating^  to  that  lord's  dfeath.  And  the 
true  reason  thereof  I  could  not  learn,  but  this  1 
believe,  that  no  prosecution  of  any  murder,  in 
the  British  annals  recorded,  ever  met  with  such 
opposition,  as  the  fjrosecation  of  this  murder 
haul  received.    And 

First,  From  all  the  Jacobite  interest,  as  well 
{irotestant  as  papist.  And  how  great  that  in- 
terest ever  since  the  Revolution,  hath  been  ;  the 
many  treasonable  conspiracies,  and  open  Re- 
bellbns  have  sufficiently  proved. 

Secondly,  King  James  the  second,  being  fa- 
ther to  the  late  queen  Mary  and  queen  Anne,  it 
is  natural  to  suppose,  that  neither  of  those  two 
queens,  would  have  had  their  father  stigmatized, 
trith  that  most  infamous  character  of  being  a 
murderer,  and  in  more  instances  than  one. 
And  whether  king  William,  out  of  respect  to 
Jhis  qoeen,  might  any  ways  hinder  the  fixing 
such  an  infamy  upon  his  queen's  father,  I  can- 
Bibt  tell. — But  this  I  sensibly  felt  to  be  true, 
viz.  That  queen  Anne,  upon  her  first  coming  to 
the'~crown,  struck  me  out  of  the  civil  list :  Be- 
cause, as  her  majesty  then  said,  I  had  thrown 
hlood  in  her  father's  face. 

Thirdly,  The  countess  dowager  of  Essex  (by 
the  influence  of  bishop  Burnet)  did  desire  the 
Lords  Committees  in  1689,  not  to  proceed  any 
farther  in  that  inquiry,  for  the  countess,  by  the 
liishop,  did  then  endeavour  to  persuade  the 
Lords  Committees,  and  .several  other  lords, 
that  my  lord  of  Essex  murdered  himself. 

Fourthly,  There  was  a  certain  great  man 
<diarged,  as  ordering  to  this  murder,  who  had 
been  the  main  instrument  (in  the  hand  of  Pro- 
▼idence)  of  bringing  about  the  Revolution  ;  and 
by  this  very  gentleman's  councils,  king  William 
was,  for  some  years,  very  much  infiuenced. 
What  interest  therefore  that  great  man  had 
with  king  William,  or  with  any  other  persons 
whatsoever,  was  applied,  to  hinder  the  prosecu- 
tion of  this  murder.    And, 

Lastly,  The  late  bishop  Burnet  himself,  was 
not  only  the  principal  cause  of  hindering  the 
countess  from  engaging  in  this  prosecution; 
but  that  prelate  did  otherwise  endeavour  to 
blast  the  credit  of  this  inquiry,  by  sometimes 
representing  me,  (as  in  his  late  History)  an 
enthusiastical  man,  and  therefore  no  rej^ard  was 
to  be  had,  to  what  I  said  or  did  in  relation  to 
that  inquiry.  At  other  times,  that  bishop  did 
represeot  me  a  man  of  a  very  strong  imaffhia- 
tion,  (a  soft  character  of  a  madman)  from 
whence  I  was  easily  inclined  to  take  up  the 
belief  of  things,  upon  such  evidence,  as  was 
not  sufficient  to  prove  the  things  to  be.    But 

VOL.  IX« 


when  1  was  so  possessed  of  imaginary  beings, 
there  was  no  convincing  me,  by  auy'argu* 
meats,  of  their  non-existences. 

But  whether  that  bishop's  belief  of*  the  self- 
murder  by  the  earl  of  Essex,  or  my  belief  of 
that  lordl's  being  barbarously  murdered  by 
others,  be  the  effect  of  proper  evidence,  or 
strong  imagination,  must  be  \eh  to  every  jndi<- 
cious  reader,  who  shall  have  read  and  well  con- 
sidered, all  the  proofs,  pro  and.  con,  and  herein 
before-mentioned,  relating.tothatgreat,  but  un- 
fortunate lord's  death. 

I  shall  now  make  one  reasonable  request  to 
all  my  readers,  viz.  That  they  will  ground 
their  belief,  of  the  manner  of  my  lord  of  Essex's 
death,  upon  such  evidence  as  to  them  shall 
appear  rational ;  and  not  be  implicitly  influ- 
enced to  believe  it  to  be,  either  self-murder,  or 
a  barbarous  murder  committed  upon  him^  by 
hired  assassinates,  because  such^or  such  great 
men  did  believe  it  to  be  so,  though  they  them- 
selves know  not,  what  reasons  or  proofs  those 
great  persons  had  for  such  thcnr  beliefs.  All 
men  know,  that  the  believing  of  a  lie,  doth 
not  make  it  a  truth :  nor  doth  the  disbelieving 
a  truth,  make  it  a  falshood. 

AH  !lhx>testant8  justly  condemn  the  church 
of  Rome  for  imposing  an  implicit  faith  in  their 
chnrch.  But  an  implicit  belief  of  a  fact,  con- 
trary to  what  is  credibly  proved,  because  some 
men  believe  the  fact  to  be  otherwise  than  what 
is  sworn,  but  give  no  reasons  for  such  their  ber 
lief,  is  more  ridiculous,  though  less  dangerous, 
.than  an  implicit  faith  in  the  Roman  cnurcb. 
Because  all  proofs  jbr  matters  of  fact,  are  more 
easily  to  be  comprehended,  by  men  of  ordinary 
capacities,  than  some  evidences,  brought  to 
prove  some  particular  points  in  •ontrorersy^ 
between  Christian  churches. 

Our  hves  and  fortunes  are  now  tried  by 
jurors;  and  those  judges  of  facts  are  sworn, 
**  well  and  truly  to  try"  ^the  matter  then  in 
issue)  "  accormng  to  evidence."  Now  ths^ 
jury  would  justly  be  condemned,  who  should 
find  an  issue,  contrary  to  plain  credible  evi- 
dence^ only  because  some  great  men  did  hew 
lieve  the  fact  to  be  otherwise  than  what  it  viras 
proved  to  be.  If  men  will  therefore  become 
judges  of  the  mariner  of  this  noble  lord's  death, 
let  their  judgments  impartially  weigh  all  the 
proofs,  that  are  herein  before  mention^,  for  and 
against  the  self-murder.  And  let  that  side  (urn 
tlie  scale,  which  shall  have  produced  th« 
strongest  evidence,  relating  to  the  matter  in 
question. 

And  I  do  hereby  solemnly  assure  the  reader 
tliat  1  have  herein  printed  nothing  material,  in 
pi-()of  of  my  lord's  being  barbarously  murdcied, 
Diit  what  1  printed  and  published  about  34 
years  since,  (viz.)  in  1690,  and  dedicated  to  the 
same  four  lords  committees.  And  I  printed 
2,000  of  these' books,  and  about  ]0,(K)0  ab- 
stracts thereof,  but  could  never  meet  with  any 
printed  answer  to  the  proofs  then  brought  fur 
that  bai  barons  murder.  And  that  such  a  book 
was  then  printed  and  published,  I  do  purpose 
to  give  sumcient  proof  thereof,  by  leaving  tLree 

4a 


lasi]  STATE  TRIAU,  S6  ChaeibsI  II.  iBB^^THtil^BrUitmimdl^.lmt 


of  those  books  at  three  tereral  ooffee-bowes, 
Ode  at  ^  ooffee-liouK  near  ChariD^Croei^ 
another  at  a  ooffee-houae  near  the  Temple, 
mnA  a  third  near  the  Royal- Exchange,  of 
in'hich  retpectlf  e  places,  notice  shall  be  given 
in  some  publtc  paper.  And  if itb  each  book 
ifnch  an  index  aa  shall  inunediatdy  direct  to.  the 
thing  inquired  for. 

I  shalTnow  give  a  brief  relation,  of  what  was 
aupnosed  to  be  one  of  the  |Hvicjpd  occasions, 
of  (hastenin|[)  the  poisoning  of  king  Charles 
the  second,  viz. 

Some  short  time  before  tibe  death  of  that  un  - 
happy  prince,  there  was  a  pafnnhlet  writ  and 
pnnted  in  Hpjlland,  entitled,  **  An  inquiry  into, 
l^od  detection  of  the  barbarooa  murder  of  the 
late  earl  of  Essex.".  And  m^ny  hundreds  of^ 
these  were  brought  to  England. 

In  this  pamphlet,  there  were  wany  argu- 
ments given  to  prove  that  murder.  And  the 
author  did  thecein  humbly  beseech  his  then 
in^esCy,  that  he  would  be  graciously  pleased  to 
give  lus  royal  assurance  of  a  pardon  to  him, 
who  should  prove  that  murder*  And  then  the 
duke  of  York  should  be  proved  to  have  been 
the  principal  author,  and  rewarder  thereof. 

leeveral  hundred  of  Uioee  books  were,  one 
flight,  <4M>ut  twenty  days  before  king  Charles 
the  second's  death,  dispersed  by  some  geutle- 
men,  and  for  the  most  part,  laid  attheifeors  of 
privy  counsellors,  and  of  olber  noblemen,  and 
justices  of  the  peace. 

One  of  those  books  was  then  conveyed  to  the 
kiitt^t  who  read  the  same,  and  then  sent  for  the 
lord  AUington,  then  constable  of  the  Tower, 
and  charg^  his  lordship  to  read  and  consider 
the  same,  and  in  a  short  time  to  return  the 
book,  and  to  give  his  roigesty  bis  opinion 
thereof,  and  also  what  his  lordship  thouifht,  as 
to  the'  manner  of  the  earl  of  Essex's  death. 

My  lord  AUington  lent  this  book  to  sir  Tho- 
mas Bowe,  but  charged  him  to  retura  it  the 
then  next  day,  because  his  lordship  dkl  intend 
then  to  restore  that  book  to  the  king. 

Sir  Thomaa  read,  and  returned  the  book  ac^ 
49ording^y ;  and  shortly  after  waited  again  upon 
the  lora  AUington,  who  did  then  imbrm  sir 
Thomas,  that  be  had  again  been  with  bis  ma* 
jcsty,  «nd  returned  that  book,  and  that  there- 
upontbe  king  asked  my  lord,  whether  h«  had 
Md,  and  considered  tiko  same  P  And  his  lord- 
dup  inairendy  thal^  ia  hwmhlo  obcdisBoe  to 


his  niajesty's  commands,  he  had  read,  and  eos* 
sidered  the^  contents  thereof.  Whersopon  the 
king  then  commanded  my  knd  to  gire  his 
judgment,  as  to  the  death  of  the  eari  ^j^no. 
But  his  lordship  did  then  humbly  beseech bb 
miyestv  to  excuse  him  th»m  giving  any  JQd|K« 
ment  therein.  Whereupon  the  \dag  tbea  sud, 
I  comnoAnd  you  to  deu  very  plaimy  snd  an- 
cerely  with  me  in  relation  thereunto ;  Sir,  Be* 
plied  my  lord,  if  ^our  mi^ty  commandi  ne 
to  deal  therein  smcerely  with  yournuyeity, 
I  must  then  sav.  That  I  am  ot'opinioQ,  dat 
unfortunate  lord  had  ver^  foul  play.  Then  (tf 
I  live)  said  the  king,  I  will  make  a  very  sirid 
inquiry  into  that  matter.  And  I  conuDsad 
you  to  come  to  me  to  morrow. 

As  soon  as  the  lord  AUiiigton  'wiihdrair,tlie 
duke  of  York  came  in,  whikt  the  king  bad  the 
book  in  his  hand.  And  (as  the  king  the  aoi 
da^r  informed  my  bird)  the  duke  asked  hb 
m^e^ty,  who  hao  brought  bim  that  viOsiBMi 
lyin^  pamphlet  ?  But  Sie  king  then  ssid,  thst 
he  did  not  bdieve  it  to  be  a  lying  psmsUet, 
and  that  his  majesty  was  veadved  to  nue  t 
strict  uiquiry  into  the  earl  of  Essex's  dcitb. 
And  his  nigiiness  should  go  abroad  befive  tint 
inquisitioB  was  made.  The  duke  thcreapn 
dedared,  that  •'  He  had  already  fraivHed  m 
much." 

The  substance  of  what  is  above-meqitisBe^ 
relating  to  what  past,  between  king  CbsH^ 
the  second,  and  the  lord  AUington,  l  badfron 
sir  Thomas  Rowe,  soon  after  the  Revolotiin. 
And  some  few  dajrs  after  that  disooorw  be- 
tween the  king  and  duke,  the  king  sodtbt 
lord  Allingtoui  were  seised  with  socb  as 
iflness,  as  was  generally  thought  to  be  the 
effect  of  poison. 

And  the  tord  AlKngtan  «ed,  aboot  Ibne 
days  before  the  king,-  and  his  majesty  dial  ihi 
ath  day  of  February,  1684-^.  And  so  by  tbat 
king's  beuig  forced  to  travd  too  soon  ioH  tbe 
other  world,  kii^  James  delayed  bis  m 
travels  in  this,  nnul  the  conaomusnesi  id  bb 
own  gttilt,  and  the  just  deOertion  «f  hit  en 
troops,  forced  bim  to  becooae  a  fiigiii^  lad  a 
pensioner,  to  that  great  mooarch,  wfaese  «li- 
tiary  government,  be  liked  modi  better,  tbis 
te  be  eircuBDScribed  by  those  good  lava,  vbiefc 
blnderedhim  from  miiimg  both  oar  Cbonb 
andSMattt. 


1883}  STAtE  TRIALS,  MChaelbsII.  lesi.-^THiJ  0/ Sir  S.  BsnutriU^i^.  [i334 


304.  The  Trial*  of  Sir  Samuel  BARNARDisToy,  bart.  at  Nki  Prius, 
at  the  Guildhall  of  London,  for  a  High  Misdemeanor  : 
36  Charles  II.  a.d.  1684.  [To  which  are  added,  Proceed- 
ings upon  a  Motion  in  Arrest  of  Judgment  in  the  said  Case ; 
now  first  printed  from  the  MS.  of  Sir  William  Williams,  com- 
nrnnicateo  for  this  Work  (a.  d,  1811)  by  his  Descendant, 
Mr.  Charles  Watkin  Williams  Wy;m.] 

HThERB  beioff  in  Hilary  term  last,  an  Tnfor- 
nation  in  the  Court  of  l^jog's-beiich,  preferred 
ty  his  majesty's  Attorney  General,  against  sir 
mmuel  Bamardiston,  for  a  very  great  misde- 
meanor  ;  upon  oath  made  that  he  was  so  ex- 
tremely indisposed,  that  be  could  not  appear  in 
person  without  danger  of  his  life  :  the  Court 
were  pleased  to  respite  his  recognizance,  (which 
be,  by  order  of  the  lords  of  his  majesty's  most 
honourable  privy  council,  entered  into  the  last 
vacation  to  appear  in  this  Court  the  first  day 
of  this  term,)  and  to  allow  him  the  liberty  of 
pleading  to  tne  Information  by  Attorney,  which 
he  did.  And  Tliursday,  the  14th  of  I<ebruary, 
1684^  being  the  session  of  Nisi  Prius,  after  the 
ttvm  hdden  for  the  city  of  London  and  county 
of  the  same,  was  appomted  for  the  trial  of  this 
cause,  and  accordingly  then  the  same  came  on, 
and  was  tried  before  tne  right  hon.  sir  George 


Jeffreys,  knt  and  bart.  lord  chief  justice  of 
his  majesty's  Court  of  King's-bench,  in  this 
manner. 

Glerk.  Callftwiiy,Gryer. 

Cryer.  You  good  men  of  Nisi  Prius,  sum* 
moned  to  appear  here  this  day  between  our  so- 
vereign lord  the  king,  and  sir  Samuel  Bamar- 
diston, bart.  answer  to  your  names  and  save 
jfonr.  issues. 

CL  Thom&5  Vernon  and  his  feUows.  '  Vous 
'  avez  plein  Inquest.'  Call  the  defendaot  sir 
8amuel  Bamardiston. 

Crycr,  Sir  Samuel  Bamardiston,  come  forth, 
or  this  inquest  shall  be  taken  by  your  default. 

Mr.  WUlittms.  He  appears. 

Cierh  Gardez  vostres  challenges.  Swear 
Thomas  Vernon. 

Cr,  You  shall  well  and  truly  try  this  issue, 
heiween  our  sovereign  lord  the  king,  and  sir 
Samuel  Bamardiston,  according  to  your  evi- 
dence.    So  help  you  God. 

*  From  a  pamphfet,  entitled,  <'  The  Trial 
^ad  Conviction  of  sir  Samuel  Bamardiston,  bt 
for  lligh  Misdemeanor,  at  the  Session  of  Nisi 
I^rius,  holden  at  Guildhall,  London,  for  his 
dli^esty's  Court  of  King's- Bench,  before  the 
Kight  Hon.  sir  George  Jeffreys,  knt.  and  bart. 
XiM-d  Chief  Justice  of  England,  on  Thursday, 
feb.  14,  1684." 

*  1  do  appoint  Benjamin  Tooke  to  print  the 

*  Trial  of  sir  Samuel  Bamardiston,  bart.  and 

*  order  that  no  other  person  presume  to  print 

<  tb0  iMII6«     G^.  jBFFAErs.' 

t 


CL  Perdval  Gilburo :  who  was  sworn,  and 
so  the  rest. 

The  names  of  the  twelve  were  these:  Tlio- 
mas  Vernon,*  Perciral  Gilbuni,  Edward  Bo* 
very,  William  Withers,  sen.  James  Wood, 
Robert  Masters.  Samuel  Newton,  Georve  Tor- 
riano,  Kenelm  Smith,  Thomas  CkHklard,  Tho* 
mas  Amy  and  Richard  Blackburn.  Then  th^ 
were  counted,  and  proclamation  made  for  in- 
formation in  usual  manner. 

Mr.  Pouitney.  May  it  please  your  Lordships 
and  you  Gentlemen  of  the  Jury  ;  this  cause  w 
between  the  king  and  sir  Samuel  Bamar^istoa, 
and  it  is  upon  an  InformatioB  exhibited  by  Mr. 
Attorney  General,  wherein  he  sets  forth.  That 
there  having  been  lately  a  Horrid  Plot  disco* 
vered,  (as  Mpears  by  the  eoarictions  of  diose 
that  have  suffered  justly  for  it,  and  bv  the  evi- 
dence that  has  been  given  of  it,  has  oeen  made 
so  apparent,  that  I  do  net  question,  but  that 
no  man  but  who  either  has  a  hand  in  it,  or  else 
l)ears  a  good  will  to  it,  doth  at  all  scruple  the 
belief  of  it)  sir  Samuel  Bamardiston,  the  de^ 
fendant,  intending  to  scandalize  and  vihly  the 
Evidence,  wrote  a  Letter  wherein  are  contained 
these  sentenees. 

*  The  return  of  the  duke  of  Monmoath  to 
Whitehall,  and  bb  being  received  into  extra- 
ordinary favour  of  his  majesty,  hath  made  a 
strange  alteration  of  affairs  at  Court ;  for 
those  that  before  spake  of  him  very  indecently, 
now  court,  cringe  and  ereep  to  him.  £fU 
grace  complained  to  the  king  of  the  scanda- 
lous misrepresentation  that  was  made  of  him 
in  the  Monday's  Gazette^  upon  which  the 
Qazetter  was  called  to  account  for  it,  who  al- 
ledged  for  himself,  that  a  person  of  great 
quality  sent  him  in  writing  the  words  therein 
recited,  commanding  him  to  put  them  in  the 


*  Lady  Rachel  Russell,  in  a  letter  dated 
January  31, 1684-5,  to  Dr.  Fitzwilliam,  says, 
**  I  heard  this  day  of  a  kinsman  that  is  gone  i 
a  tew  years  ago,  I  shf  11  i  nave  had  a  more 
concerned  sense  for  sirT.iomas  Vernon  :  his 
untitness,  as  I  doubt,  I  do  tamdnt  indeed."  The 
editor  of  lady  Russell's  Letters  inserts,  in  a 
Note  to  this  passage^  the  foHtiwing  mention  of 
sir  Thomas  Vernon  made  in  the  *'  JDii^play  of 
Tyranny  :"  •♦Sir  Thomas  Vernon  on  tw^juiy 
against  sir  Samuel  Baniardiston,  knighted  for 
his  service  in  it,  and  then  made  foreman  to 
convict  Gates  of  peijnry."  See  in  this  Colleo- 
tien  the  Trial  of  Gates,  May  9,  1685. 


1335]  STATE  TRIAtS,  36  CiIAKLSsn* 

*  Gazette.    Yesterday  being  the  last  dayof  tbe 

*  lercD,  all  tbe  prisonera  that  were  id  the  Tower, 
«  upon  the  late  Sham  Protestant  Plot,  were 

<  discharged  upon  bail.  Mr.  Braddon  who 
^prosecuted  the  murder  of  the  eari  of  Essex, 

*  the  Information  put  in  against  him  in  the 

*  King*8- bench,  by  Mr.  Attorney  for  a  pre- 

*  leaded  subornation,  &c.  was  not  prosecuted, 
*■  and  his  bail  was  discharged.    And  the  pass- 

*  ing  sentence  upon  the  author  of  <  Julian  the 

*  Apostate,'  and  the    printer  of  the  kite  lord 

*  RusselPs  Speech,  was  passed  over  with  si- 

<  jence.     Great  applications  are  made  to  his 

*  majesty  for  the  pardoning  Mr.  Sidney  in  the 

*  Tower,  which  is  believed  will  be  attained, 
« and  that  he  will  be  banished.  The  lord 
'  Howard  appears  despicable  in  tbe  eyes  of  all 
«  men  ;  be  is  under  guard  at  Whitehall,  and  it 

*  is  believed  will  be  sent  to  the  Tower,  for  that 
■  the  duke  of  Monmouth  will  accuse  him  con- 

*  oemingthe  testimony  he  hath  given,  and  the 

*  Papists  and' high  Tones  are  quite  down  in  the 

*  mou  h,  their  pride  is  abate<l,  themselves  and 
Vtheir  Plot  oonfbunded,  but  their  malice  is  not 

*  assuaged.  It  is  generally  said  the  earl  of 
'  £sse|t  was  murdered.    The  brave  lord  Rnssell 

*  IS  afresh  lamented.    The  Plot  is  lost  here, 

*  except  you  in  the  country  can  find  it  out 
'amongst  the  addressers  and  abhoriWs.  This 
«•  sudden  turn  is  an  amazement  to  all  men,  and 

*  mnst  produce  some  strange  events,  which  a 

*  little  time  will  shew.' 

And  then  he  goes  on  further,  and  says,  in 
another  Letter,  these  words  : 
^  I  am  to  answer  yours  of  the  srth  and  29tli 

*  past,  and  truly  I  cannot  but  with  great  sorrow 

*  lament  the  lessof  our  ^od  friend,  honest  Mr. 
» John  Wriffht,  but  with  patience  we   must 

<  submit  to  the  Almighty,  who  can  as  well  raise 

*  up  instruments  to  do  his  work,  as  change 

*  hearts,  of  which  we  have  so  great  an  instance 

*  in  the  business  of  the  duke  of  Monmouth, 
« that  no' age  or  history  can  parallel.    I  am 

*  now    thorouglily  satisfied,   that   what   was 

*  printed  in  the  5londay's  Gazette  is  utterly 

*  folse,  and  vou  will  see  it  publicly  declared  so 

*  sliortly.    ,rhe  kinff  is  never  pleased  but  when 

*  he  is  with  him,  bath  commanded  all  the  privy- 

*  council  to  wait  upon  him,  and  happy  is  he 

*  that  hath  most  of  his  favour.    Hispardon 

*  was  sealed  and  deiirered  to  him  last  Wednes- 

*  day.    It  is  said,  he  will  be  restored  to  be 

*  master  of  tbe  horse,  and  be  called  into  the 

*  council. table,  and  to  all  his  other  places,  and 

*  it  is  reported  he  wijl  be  made  captain-general 

*  of  all  the  forces,  and  lord  high-admiral,  &c. 
«  He  treats  ail  his  old  friends  that  daily  visit 
«  him  with  great  civihties,  they  are  all  satisfied 

*  with  his  mtegrity ;  and  if  God  spares  bis  life, 

*  I  doubt  not  but  he  wUl  be  an  instrument  of 

*  nach  good  to  the  kins  and  kingdom.     He 

<  said  publicly.  That  he  knew  niy  Ford  Russell 
«  was  as  loyal  a  sulgect  as  any  in  England,  and 

*  that  his  majesty  beUeved  tbe  same  now.  I 
« intend  shortly  to  wait  on  him  myself.  It 
«  would  make  you  laugh  to  see  how  strangely 
« our  high  Tories  and  clergy  are  mortified,  their 


ll.-^TrudqfSir  S.  Bmnwrikia^  [1556 

countenances  speak  it.  Were  my  SbsMiaiy 
to  be  moved  tor  now,  it  would  be  resdilj 
mnted.  Sir  George  is  grown  verybomiiit. 
It  is  said  Mr«  Sidney  is  reprieved  for  tav 
days,  which  bodes  well.' 
And  then,  gentlemen,  he  goes  on  filrtiier ; 
and  in  a  third  Letter  says, 

'  The  late  change  here  in  pubhc  ^ilairs  issa^ 
«  great  and  strange,  that  we  are  like  mco  in  t 

<  dream,  can  hanli^r  believe  what  we  see,  sad 

*  fear  we  are  not  fit  for  so  great  a  mercy  w  tk 
^  present  juncture  seems   to  promise.    TW 

<  Sham  Protestant-Plot  is  quite  Inst  and  eoo- 

*  founded.    The  earl  of  Mackeo^ld  is  bring. 

<  ing  actions  of  Scandalis  1!tf  agnatum,  sgsiost 

<  alfthe  grand  jury-men  that  indicted  him  at 

*  last  assizes.' 

X.  C.  J.  (Sir  George  Jeffisries.)    This  is  the 
only  true  thing  in  the  whole. 
[|3lr.  Poulmey  reads.]—*  And  tbe  sevend 

*  gentlemen  that  were  indicted  in  Chesbize  and 

*  Northamptonshire  wiU  bring  their  sersnl 
'  action  at  law  against  them.' 

And,  gentlemen,  then  in  a  fiiuHh  Letter  ase 
Qontain^  these  expressions : 
'• '  Contrary  to  all  men's  expectations,  a  war- 

<  rant  is  signed  at  bst  for  beheading  col.  Sidoey 
'  at  Tower- hill,  next  Friday.  Great  eodcavoor, 

<  have  been  used  to  obtain  his  pardon,  but  tbe 
'  contrary  party  have  carried  it,  which  mocb 
'  dasbeth  our  liopes,  but  God  still  governs.' 

Grentlemen,  all  this,  the  iDformation  *  stji, 

*  The  Latin  Indiotment  mos  thus : 
Midd*  xs,  *  Quod  cum  quasdam  disbolicset 
proditoria  oonspiratio  ei  insumctio  divcfsar' 
seditiosar!  et  inale-dispo«t'  pecaonar'  ad  Do- 
rainum    nostrum  Carolum  secundum  nane 
Regem  Angi'  murdrand'  et  interficiend',  et 
leges  et  gubemationero  hujusre^' Angl*,iit 
per  leges  modo  constitnt'  et  stebUif ,  smff- 
tend'  detect'  fuisset :  cumque  etiam  aoidaD 
Willielmus  Russel  Arm',  et  diversae  u'  per- 
son' de  conspiratione  et  proditione  iir  per  de- 
bituiu  legis  process'  fuiWent  trial',  ooovia*, 
et  attinct',  et  pro  eisdem  execut'.    Ac  <|iii(bBi 
Alg^ernon  Sidney  Arm',  de  conspiratioDe  el 
proditione  ill'  existebat  similiter  triat*  et  con- 
vict' :  Cbmque  super  triation^  praed'  W.  R.& 
A.  S.  Willielmus  Dominus  Howard  de  £f- 
crick,  testis  ex  parte  diet'  Dom'  Regia  ad 
prodition'   et   conspiration'   praed'  proband' 
product'  fuisset,  quidam  Samud  BarnaijfiiBloB 
nuper  de  London  Bar',  existens  homo  aedi- 
tiosus  et  pernitiosus,  et  turbulentaeeliDquietti 
animae  et  conversation',  false,  ilhcite,  maK- 
tiose,  inequit'  et  seditiose  machinan'  et  prae- 
tican'  et  intendens  diet'  Dom'  Begem  bbd^ 
et  gubemationem   et  regimen  sua,  Decnoa 
publicam  administrat'  justic'  in  hoc  re^ 
Angl'  in  odium,  scandalum,  efrilipeadium 
cum  subdit'  suis  iuducere  et  inferre,  ac  dis* 
cordiam  et  seditiouem  int'  dictum  I)(MttioBB 
Regem,  et  ligeos  subdit'  soos,  et  iat'  eoadem 
subdit'  roovere,  incitare  et  pooere,  necoaa 
nacem  ejusdem  Dom'  Regis,  et  trso^uillitit* 
hujuB  regn*  Apgl*  inquietare,  motesim  ^ 


1S37]        STATE  TRIALS,  36  Chaeles  II.  i6f  4.-/<^  «  MiMimimur*        [1353 


he  lii«  dene  agsinsl  the  petjce  of  tbe  kiof ,  his 
fsrdwn  and  dif^ty.  To  this  he  hu  pleaded 
Not  Guihy.  We  will  call  oar  witneMea,  and 
if  we  prove  it,  we  qneatton  noC  but  you  will  find 
him  Uailty. 

*  perturbare,  et  conapiration'  et  proditton* 
*,pnBd'  coDodare,  et  evident'  pro  dioto  Be^ 
'  in  ea  parte  vilifi6»e,  acanoUisare,  et  de- 

*  terrere,  et  ad  ne^uiaBtiiiaa,  diabolicas,  et  ne- 

*  fandisaimaa  macbination',  prac^oaiion*,  et  in- 
'  tentiones  suas  proed*  perimplend',  perficiend', 
« etad  efiectum'ridigead',  20  die  Septembr', 

*  anno  nm'  Dom'  Caroli  secandi  nuoc  Reeis 
*■  AngP,  £c.  35  apud  paroch'  sancti  Michadia 

*  Combill,  L(»don,  vi  et  armia,  k/c,  false,  illi- 

*  cite,«ii^U8te,  malitiose,  corrupte,  et  seditiose 
^  fecit,  eompoauit,  et  acripsit,  et  fieri,  compohi, 

*  aoribi,  et  publicari  caosavit,  quoddam  fabum, 

*  acandaloauro,  et  aeditiosum  libelluni,  geren' 
« d«t'  29  die  Novembr',  anno  Dom'  1683,  in 

<  <puo  quidem  libdlo  {inf  al'^  content'  fuer'  h« 
«  falas,  fictce,  scandaloaee,  libellosfe,  matitiosQe, 
«  et  aeditiosee  sententia  Anglican'.semien',  vide- 

*  licet.  Sir ;  Tbe  return  of  the  duke  of  Monmout)i 
€  to  Whitehall,  and  his  bebg  received  into  ex- 
t  traopdinary  favour  of  hia  m^esty,  hath  made 
« a  atranffe  alteration  of  affairs  at  court;  for 
« those  that  before  spake  of  him  Tery  inde> 

*  oently,  now  court,  cringe,  and  creep  to  bun. 
«  His  grace  complained  to  the  kingiof  tbte  scan- 

*  dalous  misrepresentation  that  was  made  of 

<  him  in  the  Monday's  Gazette,  upon  which 

*  the  Gazetteer  was  called  to  an  account  for  it, 
«  who  alledged  fbr  himself,  that  a  person  of 
«  great  qnali^  SHit  him  in  writing'  toe  words 
f  uierein  recited,  commanding  him  to  put  them 
« in  the  Gazette.     Yesterday  being  the  last 

*  day  of  the  term,  all  the  pnsonera  that  were 

*  in  the  Tower  upon  the  late  sham  Presbyterian 
«  Plot  (conspiration'  et  prodition'  -  prttd'  innu- 

.  •  endo)  were  discharged  upon  bail ;  Mr.  Brad- 

'  •  don,  who  prosecuted  the  murder  of  the  earl 

«  of  Essex,  the  information  put  in  against  him 

«  in  the  Kiog's-bench  by  Mr.^  Attorney,  for  a 

*  pretended  snboniation,  &e.  was  not  prose- 

*  coted,  and  his  bail  was  discharged ;  and  the 

<  passing  sentence  upon  the  author  of  Julian 

*  the  Apostate,  and  the  printer  of  the  late  lord 
«  Russell's  speech,  was  passed  over  with  silence. 
«  Great  applications  are  made  to  his  majesty 
«  for  his  pardoning  Mr.  Sidney  in  the  lower 

*  (dictum  Algernon  Sidney,  ut  prtefertur,  con- 

*  vicl'  innuendo)  which  is  believed  will  be  at- 
«'tained,  and  that  he  will  be  banished.  The 
«-lord  Howard  (diet'  Willielmum  Howard  in- 
«  nuendo)  appears  despiseable  in  the  eyes  of  all 

<  men ;  he  la  uodeit  a  guard  at  Whitehall,  and 
«  (as  believed)  wHi^  be  sent  to  the  T  wer,  for 

<  that  the  duke  orMonmouth  (Jacobum  Ducem 
•Monmouth  innuendo)  will  accuse  himcon- 

*  cerniug  the  testimony  he  hath  ^ven,  &c. 

*  evident'  super  triation'  et  conv  ction'  prsed' 

*  W.  R.  &  A.  S.  per  eundem  Dominum  How- 

*  ard,  ut  prsfortar,  dat'  innuendo)  tbe  Papists 
«.and  high  Tories  are  ouite  down  in  the  mouth, 

*  their  ptide  is  abated,  themselves  and  their 


Mr.  Recerder*  (Sir  Thomas  Jenner)  May  it 
please  your  lordship,  and  ;^ou  gentlemen  of 
the  jury ;  1  am  of  counsel  lor  the  king  in  this 
cause.  Upon  the  opening  of  these  Letters  to 
you,  yeu  cannot  but  wonder  much  nsore  than 

plot  confounded,  but  their  malice  is  not  as- 
suaged. It  is  generally  said  the  eari  of  EsasK 
was  murdered :  the  brave  lord  Russel  (diet' 
Willielmum  Russd,  pro  oonspiratkm'  pnsd% 
ut  prsfertor,  convict',  attinct',  et.exeeui*  in* 
nuendo)  is  afresb  lamented.  The  plot  (oo|i* 
spiration'  et  prodition'  prad'  innueiioo)  ia  lost 
here,  except  you  in  the  country  can  find  it  out 
amongst  the  addressers  and  ahhorrars^  This 
sudden  turn  is  an  amazement  to  all  nifn,  and 
must  produce  some  strange  event,  which  e 
little  time  will  shew.  Ac  ad  nequissimaa  et 
nefandissimas  machination'  et  intention'  auas 
praed'  perimplend',  perficiend',et  ad  effectnm 
redigend',  ioem  S.  B~.  Bar'  postea  (scil',  diet* 
20  die  Decembris,  anno  regn'  cuct^  ]>om* 
Regis  nunc  35  suprad')  apud  parodk'  saacti 
Michaelis  Combill  London  pned',  false,  iUi« 
cite,  injnste,  malitiose,  corrupte,  et  seditioee, 
fecit,  composuit,  et  scripsit,  et  fieri,  oompeni^ 
scribi,  et  publicari  causavit,  quoddam  al'  faU 
sum,  scandalosum,  libellosum,  et  seditiosum 
libellum,  gereif  dat'  prime  die  Decembr',  mmo 
Dom'  1683,  in  quo  quidem  libeUo  (int'  al') 
content'  fuer'  hie  false,  fict»,  scandalosse, 
malitiosoB,  libellosie,  et  seditiose  sententiA 
Anglican'  sequen',  videlicet,  Dear  sir,  I  am  to 
answer  you  of  271  h  and  S9th  past :  and  truly  I 
caonot  but  with  great  sorrow  lament  the  loss  of 
(AUr  good  friend,  honest  sir  John  Wrk^ht ;  but 
with  patience  we  must  submit  to  the  AunightT, 
who  can  as  well  raise  up  instruments  to  do 
his  work,  as  change  hearts, , of,  which  we 
have  so  great  an  instance  in  the  times  of  the 
duke  of  Monmouth  (prad'  J.  Due'  M.  innu- 
endo) that  no  age  or  history  ean  parallel.  I 
am  now  thoroughly  satiafied,  that  what  was 
printed  in  the  Monday'a  Gas^tte  is  utterly 
false,  and  you  will  see  it  so  declared  shortly. 
The  king  IS  never  pleased  but  when  he  is  with 
him,  haSi  commanded  all  the  piivy^eonncil  to 
wait  on  him,  and  happy  is  he  that  hath  most 
of  his  favour ;  his  pardon  was  sealed  and  de- 
livered him  last  Wednesday ;  it  is  said,  ho 
will  be  restored  to  be  master  of  the  horse,  * 
and  be  called  into  the  council  table,  and  to  all 
his  other  plac<^ ;  and  it  ia  reported  he  will  be 
made  captain-general  of  all  the  forces,  and 
lord  high  admiral ;  and  he  treats  all  his  old 
friends,  that  daily  visit  him,  with  great  civi- 
lities ;  they  are  all  satisfied  with  his  mtegrity, 
and,  if  God  spares  his  life,  doubt  not  but  he 
will  be  an  instrument  of  much  good  to  the 
king  and  kingdom :  he  said  publidy,  that  he 
knew  my  lord  Russel  (diet'  Willtelm'  Rusael 
pro  conspuratioo'  et  piodition'  pned'  convict', 
attinct',  et  execut'  mnuendo)  was  as  loyal 
a  subject  as  any  in  England,  and  that  nia 
majesty  helieved  the  same;  now  I  intend 
shortly  to  wait  on  him  myself.  It  would 
make  yoo  laugh  to  see  how  strangriy  our 


1389]  STAT&T&IALS,  36  Chaelbs  U.  l6S^^TrialQ/SitS.Sarmm'iUm,  [1510 

he  iota  that  wrote  them.    His  nwtter  of  won- 
der Was  one  way,  and  1  samMiae  year  matter 
cf  wonder  is  another  way,  tnat  a  man,  sooh  an 
one  as  he /is,  should  bare  that  oonAdenosto 
wiitosach  leHars  as  these  sore,    Gentlemen^  I 
do  not  doubt  but  you  observe  in  the  series  of 
these  Lettert,  how  be  hath  tiuvetted  through  all 
tito  transaetioiis  of  this  horrid  conspwaey,  that 
was  of  late  oontrired  against  Ibe  life  of  the  king, 
nod  the  life  of  bis  royfti  biglmess,  and  for  the 
destruction  of  the  gofermnettC;  and  how  he 
deeg  endeavoar  to  torn,  it  all  into  ridioule, 
and  to  mngaiff  tbd  mm  that  have  oome  to 
jMhIic  jnstied  for  being  eoneemed  in  that  hor- 
rid oonspimey,  an  being  very  brave  men.    The 
brave  kira  Rusnel,  he  m  fomeoted  an  a  brave , 
nan  loetj  the  earl  of  Essex  he  fbrseoth  was 
rturdeted ;  voA  Mr.  Bmdden^  who  proseentod 
Ant  murder,  he  is  a  brave  man,  whom  I  sup^ 
Mae  ieme  of  yon  have  heard  of,  and  what  is 
Eeoome  of  him,  how  lie  is  oenvieled  of  one  of 
dte  most  notorious  facto  thiit  ever  was  aetnd  by 
Ttum  in  anr dvil  government;  which  was^  that 
Bmddonnottid  go  up  and  down  toset  witnesses 
to  Boahe  it  appear  to  the  world,  as  £ough  some- 
body had  murdered  that  eaii    Thus  yon  see 
he  goes  throiq^h  the  eonspirsey  from  One  thing 
I*  another,  and  calfo  it  a  Sham  Protestant  Plot, 
nttd  all  toridicnie  the  discovery,  which  by  these 
^enr  Letiei^  you  may  easily  be  satisfiedf  of  the 
vmty  and  eitfent  off    You  see  how  be  mag<- 
"^^     ^'    Jttlhtti^  bnt  he  likewise  is  come  to 


*  high  Tsries  and  clergy  ar^  mortified,  their 

*  oomtenilnMi  ffjf^^  it ;  were  my  lord  8— 
*to  be  moved  for  now,  it  would  be  readily 
'  gnnfed*,  sir  George  (Georgium  Jeflreya  Mir 

*  et  Bar',  Cairitar  Justin'  Dom'  Ibegis  ad  pla- 
<  cite  in  eur'  ipsins  Dom'  Regis  coram  ipso 
'  Rege  tenend*  assign',  adtunc  et  adhne  ex- 

*  iMen'  innuendo)  is  grown  very  humble.  It  is 
'  said,  Mr.  Sidney  (metum  A.  S.  innuendo)  is 

*  reprieved  fhr  torty  day^,  which  bids  well. 

*  Ae  ad  ne<juisBittas  eC  nerandissimas  maebina- 

*  tfion'  et  intention^  suas  prsBd*  perimplend', 
'  perfiOtemF  et  ad  efibctum  redigend',  idem  S. 

*  B.  pOHtoa  (scilicet,  dicto  30  die  Decembr', 
'  anno  regn'  diet'  Dom'  Regis  nunc  85.  suprad', 
'  apnd  paroch'  sancti  Michaelis  Corohill  Lon- 

*  doD  praed*)  falso,  illicite,  injuBte,  malitiose, 
'  eOrropte,  et  sediliese  fecit,  composuit,  et 
'  scripsit,  et  fieri,  componi,  et  scribi,  et  publi- 

*  can  causavit,  qpoddam  aP  felsum,  scandalo- 
'  soto,  libeilostim,  et  seditiosum  libellnm,  geren' 

*  dat'  prime  die  Decerobris,  anno  Dom'  1683, 
9  in  quo  qnidem  libello  (inter  al')  content'  filer' 
f  hsB  fklsce,  fictae,  scandaloss,  malitiose,  Ubel>- 
^  losee,  et  seditiosce  sententin  Anglican'  sequen', 
f  videl'.  The  late  change  here  in  publick  af- 
!  fkirs  is  so  great  and  strange,  that  we  are  like 

*  men  in  a  dream,  can  hardly  believe  that  we 
<  see,  and  fear  we  are  not  fit  for  eo  great  a 
'  mercy  as  the  present  junctute  so  seems  to 

*  promise.    The  sham  F^rotestant>Plot  (oonypi- 

*  ration'  et  prodition'  precd'  innuendo)  is  quite 
^  lost  and  confounded.    The  earl  of  Mackles- 

*  field  is  brin|^ng  actions  of  ^gandalum  Mag- 


condigii  puniBbment  for  that  ^ 

and  scandalous  libel.  In  the  nnt'plicsi  W 
cmnes  to  the  dtjce  of  Monmauth,  and  telb  vsa 
what  a  brave  mau  they  have  in  him  to  betMr 
captain-general,  and  be  did  not  doubt  but  ts  sie 
him  come  to  it ;  and  seta  forth,  that  he  has  de- 
nied ail  the  ploi,  and  btow  be  doth  persist  ia 
that  denial.  And  this  gentleman  has  raised  hh 
oonfidence  in'tfaese  Lsttei^  to  that  degree,  tte  I 
think  any  man,  that  has  lived  any  time  m  dm 
nation,  cannot  but  wonder,  tlwt  ever  tbtte 
should  be  such  an  impudent  action  committed 
in  it.  Gentlemen,  we  shall  eaU  our  wiUMssa 
and  prove  it  positively  upon  him,  that  tben' 
Lettem  he  did  write,  and  tben  I  sup^ese  he  will 
give  an  account  how  he  came  to  wntethen. 

Mr.  Herbert.  May  it  pieaso  your  ronhliip, 
and  you  gentlemen  of  the  jury,  I  have  but  ese 
wtHJ  which  I  desire  to  observe ;  lor  the  open- 
ing of  the  onse,  and  a  right  onderatanding  sf 
the  saatter  will  have  a  gr^  influence  npon  tbe. 
proofs.  And  I  shall  not  insist  upon  any  tbiaj^ 
that  has  been  opened  at  large  out  of  theLadsn, 
bnt  one  thing  l  woidd  obo^e  to  you,  and  tbst 
is  out  of  the  huit  Letter.    •  Great  endeavuns 

*  have  been  used  to  obtain  his  pardon,  buttbe 

*  contrary  party  have  carried  H,  which  wmt 
^  dasheth  our  hopes.'  So  it  seons  by  this  tbif 
the  fiu;tion,  the  party,  have  their  hopes  siitt, 
and  it  seems  likewise  the  writer  of  these  Letters 
hath  a  very  great  share  in  them.    We  hart, 

gentlemen,  nothing  to  do  here  before  you,  bat 

■■    '         I    ■  ■  .III  t        »^»^» 

natum  against  all  the  grand  jurymen  tbst  in- 
dicted bun  at  the  last  assizes,  and  the  se«CNl> 
Smtlemen*that  wereindi<^ed  in  Cheshire  aad 
orthamptonshire  will  bring  tbeir  several  ac- 
tions at  law  against  them.    Ac  ad  nequiswaai 
et  nefandissimas  machi nation'  et  ioienuoo' 
suas  prsd'  nkerius perimplend',  perddcnd',  et 
ad  e^ctum    redigend',    idem  8.  fi.  BsP 
postea  (scilicet,  90  die  Decerabr',  anno  regs' 
]>om'  Garoli  seoondi  nunc  Regis  Angl',  &c 
d5.)apud  paroch'  sancti  Hichaelia  GonluU 
London  pmd',  falso,  illioile,  injuste,  comiple, 
et  seditiose  fiecit,  composuit,  et  scriput,  et 
fieri,  componi,  scribi,  et  publicari  caonrit 
quoddamaV  fiilsum,  scandaJoBum,  libelksum, 
et  seditiostmi  libefliim,  geren'  dat'  4  die  De- 
cembr',  anno  Dom'  1083,  in  qno  quidemiSwl- 
lo  (mf  ai')  content'  fuer'  hs  al'  falsK,  Beir, 
scandalosie,  mahtiosie,  libeUosn,  et  eeditiosn 
sententiae  Anglican'  sequen',  videl'  CoDtrary 
to  most  men's  expectation,  a  warrant  is  sighed 
at  last  for  beheading  Mr.  Sidney  (diet*  Al|^- 
non  Sidney  innuendo)  at  Tower- hill  next  Fri- 
day :  Great  endevvodra  have  been  ti^  to  ob- 
tain bis  pardon,  bnt  the  contrary  paity  bsra 
carried  it,  which  much^dashetii  our  tMpm : 
but  Qod  still  governs.      £a  intentione,  ad 
incitand',  movend',  et  procurand'  seditiencn, 
malevolent*,  et  discord'  mf  diet'  Dom'  ficgm* 
et  sobdit'    ipaius  Dom'  Regis  bujus  regn' 
Angl',  necnon  int'  iusos  subdit',  in  maloa 
et  pemitiosum  exemplum  omn'  al'  in  tab  csso 
delinquen',  ac  contra  pacem  Dom'  Regis  nunC| 
eoron',  et  dignitot'sua||.&o.  Vnde|duv,' 


'  1541  ]        STATE  TRIALS,  J6  Huamlm  IL  1  SU^far  a  MUdmeanar.        [im2 

to  prore  that  lir  fiamiiel  Btrnardiiloii  was 
the  aotbor,  writer  and  (raUitber  of  the  Letters, 
<wVieh  isontain  that  wbieh  ie  charged  in  the 
tnformattO'n,  and  that  we  qoestioo  not  but  to 

Et>ra  dearij-wkhoat  oomtradiotioo.  CaU  Mr. 
bthwaite.  [Whi^  was  swom.]  Pray  give 
in  the  Letten.  [Winch  was  done.] 
^  Mr;  Recorder. "  Pray,  Sir,  look  upon  those 
JuetterSy'  and  g*ire  the  court  and  the  jury  an 
aoconnt  where  you  had  them. 

Mr.  Biathtpaite.  Gentienien  of  the  jury| 
theee  three  Letters  sir  Samuel  Bamardiston, 
vpon"  the  10th  Of  December,  before  the  king 
and  ther  lords  of  the  council,  did  own  to  be  of 
his  hand- writing.  I  marked  them  at  that  instant 
ef  tnoDe,  aind  1  am  well  assured  they  are  the 
'-Letters  h^  owned  to  be  of  his  hand-writins'. 

Mr.  Williams,    Did  he  own  them  to  be  of 
Ills  hand-writit^  f^^Blatkaaite,    Yes. 
•    X.  C  J.    Did  he  own  them  all  three  ? 

Blathwaite.    Yes,  my  lord,  be  did. 

Mr.  Williams,  l^y^  Sir,  who  are  they 
directed  to? 

X.  C  /•  Mr.  WUIiams,  he  is  informed 
against  for  writing,  not  for  superscribing. 

Mr.  Williams.  My  lord,  1  ask  that  question 
Ibr  this  reason,  he  is  indicted  for  writug  and 
piddishii^,  therefore  I  would  know  who  they 
are  directed  to.  Did  he  say  they  were  pub* 
fished  by  him,  or  sent  to  any  one  r 

BlathmaUe,  He  did  not  deny  but  that  he 
had  published  and  sent  them. 

Mr.  Williqms.    Did  he  confess  it  P 

'Blathwaite.    He  did  not  deny  it 

L,  C*  J.  I  suppose  they  on  the  other  side 
will  gire  an  account  where  they  were  taken. 

Mr.  Herbert.  Yes,  my  k>ra.  Swear  Mr. 
Attarbury.    fWhich  was  dolie.1 

Mr.  Keeofwr.  Hark  you,  Mr.  Atteibury^ 
do  you  know  any  thing  of  these  Letten  ? 

air.  Atterburv.  If  you  please  to  let  me  see 
Aem,Sir.  ^ 

Mr.  Recorder.  Shew  him  them.  [Which 
was  done,  and  he  looked  upon  them,  and  gare 
them  in  again.] 

Mr.  Herbert.  Did  you  hear  sir  Samuel  Bar- 
nardiston  own  them  to  be  his  Letters? 

Atterbury.  My  lord  and  you  gentlemen  of 
the  jury,  I  had  a  warrant  from  Mr.  Secretary 
Jenkyns,  about  two  months  or  ten  weeks  ago, 
to  apprehend  sir  Samuel  Bamardiston,  and  I 
did  according  to  order,  by  Tirtue  of  that  war- 
rant, apprehend  him,  and  carry  him  before  his 
mi^csty.  When  he  was  there,  those  three 
Letters  1  had  just  now  in  my  hand,  were  then 
shewn  to  sir  Samuel  Bamardiston.  I  marked 
them,  and  know  them  to  be  the  same ;  sir 
Samuel  Barnardiston  did  own  he  wrote  them 
Letters  all  three. 

L,  C.  J.  Were  the  superscriptioiis  upon  them 
all,  as  they  are  now  ? 

Atterbury.  Yesy  they  were  all  as  they  are 

BOW. 

X.  C.  /.  What  say  you,  Mr.  Blatliwatte  ? 

Blathwaite.  Yes,  they  were  just  so,  the  same 
•nperscriptions. 

Atterhury.  His  majesty  asked  him,  ^Who 
aobscribed  ttiem  ? 


X.  (7.  J.  Superscribed  them,  thou 
they  are  not  subscribed.  ^ 

Atterbury.  Yes,  my  lord,  superscribed  tham^ 
and  he  looted  on  them  again,  and  said,  They 
were  superscribed  by  one  of  his  ser?antS|  and 
so  ordered  to  be  earned  to  the  post-house. 

Recorder.  Where  is  Neheraiah  OslandP 

Juryman.  Mv  lord,  we  would  ask  the  wifi^ 
ness,  Whether  he  did  own  tha,t  he  sent  them  to 
the  post-house. 

JL  C.  J.  He  says,  he  ordered  his  'man  to 
superscribe  them,  and  so  to  carry  them  totha 
post-house. 

Mr.  Williams.  Look  yon,  Mr.  Atterbury, 
Did  he  say  he  directed  any  of  his  serranta 
to  carry  them  to  the  post-house,  upon  your 

Atterhury.  I  am  upon  my  oath,  Sir,  I  say,  * 
that  he  did  say,  that  they  were  superscribed 
by  some  of  his  servants,  he  oonld  not  say  which 
or  his  servants  it  was,  and  then  they  were 
sent  to  the  post-house. 

Mr.  Williams.  Pray,  Sir,  mind  and  answer 
my  question.  Did  he  say,  he  directed  any  of  fait 
servants  to  carry  them  to  the  post-house? 

X.  C.  J.  Did  he  take  any  notice  to  you,  or 
did  you  understand  by  him,  that  they  were 
sent  to  the  post-house  by  his  oonaent  ? 

Atterbury.  Yes,  my  hNrd,  I  did  understand 
him  so. 

X.  C.  /.  Did  he  write  these  letters  to  keep 
them  in  his  pocket,do  you  think,  Mr.  Wu- 
liams? 

Mr.  Williams.  I  do  not  know  what  he  de» 
siffned  them  for,  my  lord ;  nor  do  I  yet  know 
tin  they  are  read,  what  is  in  them ;  But  I  ask 
him  this  question,  did  he  say  be  sent  Aem  to 
the  post-house? 

Atterbury.  With  your  leave  I  remembar 
oqe  thin^  more,  my  lord ;  whila  he  was  in  my 
house,  (tor  there  he  was  in  custody  two  daya 
or  more)  talking  about  these  Letters,  says  ha, 
I  wonder  how  they  were  taken,  they  were 
sent  to  sir  Skippon,  or  some  such  name  he 
named. 

Recorder.  Swear  NehemiahOaland.  [Whiioh 
was  done.] 

ISr.  Herbert.  Look  upon  those  Letters,  Sir. 
Shew  him  them.    [Which  was  done.1 

X.  C.  J.  Is  this  man's  name  O^ana  ? 

Recorder.  Ye»,  Nehemiah  Oskind,  Do  yoa 
know  any  thing  of  those  superscriptions  ? 

Osland.  Two  of  those  superscriptions  I  writ 
by  his  order  as  his  servant. 

Recorder.  Which  are  these  two?  fThen  ha 
gave  them  into  the  court/) 

X.  C.  J.  Can  you  teR  whoae  hand  IsliM 
odierpart? 

Osland.  I  did  not  see  it  writ,  but  the  hand 
fa  somewhat  like  sir  Samuel  Bamardiston*a 
hand. 

X.  C.J.  You  believe  it  to  be  his  hand? 

Osland.  Yes,  I  do.  ^      ' 

Mr.  Williams.  Did  you  ever  see  the  insida 
of  those  Letters  that  you  say  you  superscribed  ? 

Osland.  No,  I  never  saw  the  inside. 

X.  C.  J.  What  directions  had  you  abMt 
them,  alter  you  had  supoBcribed  thdm? 


1345]  STATE  TRIALS.  S6  Ch  ablbs  IT.  1 684^7Vk/  of  Sir  5.  AimarAifM,  [1544 


■0$hnd.  I  hid  no  directkm,  bat  to  leave 
diem  where  I  used  to  leave  ^  letters,  aod  that 
was  in  a  window  th^t  sir  Samael  Bamardiston 
always  left  his  letters  in,  and  from  thence 
one  of  the  boys  used  to  carry  them  to  the  post- 
house. 

Mr,  Williams,  Sir,  Did  sir  Samuel  order  you 
to  superscribe  those  three  Letters,  and  send 
them  to  the  post-house  ? 

X.  C.  /.  He  said  he  superscribed  them  by 
his  commjmd,  and  left  them  in  the  place  that 
letters  used  to  be  laid  that  were  to  go  to  the 
post-house. 

Recorder.  Pray,  look  upon  those  Letters 
again. 

L.  C.  J.  Whose  hand  is  the  superBcription? 
Is  that  sir  Samuel's  too  f 

OsUmd.  I  believe  it  sir  Samuel's  hand. 

X.  C.  J.  Shew  that  other  Letter  to  Mr. 
Blathwaite :  What  say  you  to  it,  Sir? 

Blathwaite,  Gentlemen  of  the  jury :  This  is 
another  Letter  that  was  seized  and  mought  be- 
fore the  king  and  the  lords  of  the  council, 
And  this  Letter  was  afterwards  owned  by  Os- 
land,  to  be  writ  by  him  by  sir  Samuel  Bamardis- 
ton'sorder. 

X.  C  J.  Did  sir  Samuel  own  this  Letter  to 
be  his  hand- writing  too  f 

Blathwaite.  No,  he  did  not,  but  Osland  did 
own  it. 

Recorder.  My  lord,  We  prove  it  otherwise 
to  be  sir  Samuel's  Letter,  because  it  is  oot  his 
hand,  but  his  man's.  You,  Osland,  do  you 
know  ivho  writ  that  Letter  ? 

Osland.  I  writ  it. 

Recorder.  By  whose  order  P 

Osland.  I  transcribed  it  out  of  a  copy  given 
i^e  by  sir  Samuel  Bamardiston,  as  I  was  his 
servant. 

X.  C.  J.  And  did  yon  write  the  superscrip- 
tion too  P 

Osland.  Yes,  I  writ  the  superscription. 

X.  C.  J.  In  order  to  what  ?  To  go  down  in 
the  country  too  ? 

Osland.  In  order  to  go  where  it  was  directed, 
my  lord. 

X.  C.  J.  Where  was  that  ? 

Osland.  Into  Suffolk,  to  sir  PhQip  Skippon. 

X.  C.  /.  This  Letter  was  written  at  London, 
was  it  not? 

Osland.  In  Bishopsgate  street,  at  sir  Sa- 
muel's house. 

Mr.  William.  What  is  your  name,  Sir? 

Osland.  My  name  is  Osland. 

Mr.  Williams.  Your  Christian  name  ? 

Osland.  Nehemiah. 

Mr.  Williams.  Then,  Nehemiah  Osland,  I  ask 
you  this  question  upon  your  oath,  when  these 
Letters  were  superscribed  by  you,  did  you  lay 
them  in  that  window  you^  speak  of,  or  did  you 
give  them  back  again  to  m  Samuel  ? 

Osland,  Sir,  I  am  not  so  certain  as  to  swear 
to  iheae  particular  Letters ;  but  his  usual  cus- 
tom was,  He  would  write  a  letter,  and  dien 
give  it  me  to  copy :  his  closet-door  was  near 
amother  window,  and  there  he  would  leave  it. 
If  It  wen  but  one  letter,  he  would  use  to  say. 


Direct  such  a  letter  to  such  a  person,  or  neb  t 
place,  and  when  it  was  so  directed*  I  was  oni 
to  put  my  letters  there,  and  thenoe  one  oT  d« 
boys  came  and  fetched  them  to  cany  tbnn  ts 
the  post-house.  But  sometimes  be  w<wU 
send  me  down  directly  With  it  away  to  tbt 
post-house,  if  he  had  not  any  other  \amm 
for  me  to  do. 

Mr.  Williams.  But,  Sir,  mind  the  qnatiiik 
I  ask  you  again:  Did  yon  deliver  these  Lettoy, 
or  any  of  them,  back  again  to  sir  Samosl  Ber- 
nard iston,  or  no? 

Osland.  I  cannot  tell  for  thcK  particoltf 
Letters.  I  tell  you  what  the  usual  costom  was 
in  the  house. 

Mr.  WttHams.  Pray  when  you  had  sspar- 
scribed  them,  or  sir  Samuel,  what  becaae  of 
them  Letters? 

.Osland.  They  went  to  the  poBt-hQase,asI 
believe. 

Mr.  Williams.  How  long  have  yonserred 
sir  Samuel  Bamardiston  ? 

Osland.    Five  months. 

Mr.  WUUams.  Did  you  serve  any  body  be- 
fore P—Os/anii.  No. 

Recorder.  Why,  do  you  think  hedotfaiMC 
serve  him  well  now,  Mr.  Williams? 

Mr.  Williams.  I  know  very  well  whit  I 
think  of  it,  Mr.' Recorder. 

t,.  C.  J.   Well,  come  read  them. 

Clerk  reads.  —This  is  directed  to  sir  Philip 
Skippon,  knight,  at  Ipswich,  and  dated  Nov. 
29,  1683. 

(Reads)  «  Sir,  The  return  of" 

Mr.  WiUiams.  That  is  not  sir  Samuel's  1^, 
I  thmk. 

X.  C.  J.   No,  but  writ  by  his  order. 

Osland.  I  transcribed  it  by  bis  special 
order :  For  he  came  to  me  and  gate  me  a 
letter,  says  he.  Go  and  make  me  a  copy  of  tiui 
letter. 

Recorder.  And  you  did  transcribe  it  ex9i€Ay 
as  it  was  in  the  paper  he  ^ve  you? 

Osland.  I  examined  it  after  I  had  writ  it 
myself,  and  read  it  over  again. 

X.  C.  /.    What  did  you  write  it  out  of? 

Osland.    A  copy  he  gave  me. 

X.  C.  J.    Was  that  copy  his  hand- writing? 

Osland.  I  did  not  see  him  write  it|  but  I  k- 
lieve  it  to  be  his  writioff. 

X.  C*  J.  Come  read  it.—  Clerk  reads. 

*  Sir ;  The  return  of  the  duke  of  Monmooth 

*  to  Whitehall,  and  his  being  received  into  ex- 

*  traordinary  favour  of  his  mi^esty,  hath  made 

*  a  strange  alteration  of  afiairs  at  court:  for 

<  those  that  before  spake  of  him  very  indesepdiTi 
^  now  court,  cringe,  and  creep  to  him.    His 

*  grace  complained  to  the  king  of  the  scanda- 

*  lous  misrepresentation  that  wa&  made  of  bim 
*■  in  the  Monday's  Gazette,  upon  ^hich  the 

*  Gazetteer  was  called  to  account  for  it,  wIk} 

<  alled^  for  himself.  That  a  person  of  great 

*  quality  tent  him  in  writing  the  words  therdii 

*  recited,  commanding  him  to  pot  them  io  the 

*  Gazette. 

*  Yesterday  being  the  last  day  of  the  tens, 
'  aU  the  prisoners  that  were  in  the  Tower  upon 


1345]         STATE  TRIALS/ 36  ChaelbsIL  \6iB4u'^fffr  a  Misdmemwr.       [1346 


the  late  sham  Protestant  Plot,  w«redisc)iaigied 
upon  bail.  Mr.  Braddon,  who  prosecuted  the 
murder  of  the  earl  of  Essex,  the  informatioQ 
out  ID  agamst  him  ia  the  Kinff's-beach,  by 
Mr.  Attorney,  (for  a  preteDdecT  subornatioD,) 
9cc,  was  not  prosecuted,  and  his  bail  was  dis- 
charged. And  the  passing  sentence  upon 
the  author  of  Julian  the  Apostate,  and  the 
printer  of  the  late  lord  RusselPs  Speech,  was 
paised  oyer  in  silence.  Great  apphcations  are 
•made  to  his  majesty  for  the  pardoning' Mr. 
Sidney,  in  the  Tower,  which  is  belieyed  will 
be  attained,  and  that  he  will  be  banished. 

*  The  lord  Howard  appears  despicable  In  the 
eyes  of  all  men  ;  he  is  under  guard  at  White- 
hall, and  believed  he  will  be  sent  to  the  Tower, 
for  that  the  duke  of  Monmouth  will  accuse 
him  concerning  the  testimony  he  hath  given, 
&c. 

'  The  Papists  and  hi^  Tories  are  quite  down 
in  the  mouth,  their  pnde  is  abated,  themselves 
and  their  plot  confounded,  but  their  malice  is 
not  assuaged.  It  is  generally  said  the  eul  of 
Essex  was  murdered.  The  brave  lord  Ros- 
sell  is  afresh  lamented.  The  Plot  is  lost  here, 
ezciept  you  in  the  country  can  find  it  out 
amon^  the  addressers  ami  abhorrers. 

*  This  sudden  turn  is  an  amazement  to  all 
men,  and  must  produce  some  strange  events, 
which  a  little  time  will  shew,' 

Recorder.  Now  go  on  to  the  next.  The 
second  Letter. 

Cierk  reads— Tills  is  directed,  *  To  sir 
Philip  Skippon,  knight,  at  Ipswi^,  Sufiblk.' 

L.  C.  J,    That  is  one  of  his  own  writing. 

Recorder,   Yes,  mv  lord. 

Clerk,  It  is  dated  ^London  the  first  of  De- 
cember, 1683. 

'  Dear  Sir ;  I  am  to  answer  yours  of  the  87th 
and  29th  past,  and  truly  1  cannot  but  with 
ffreat  sorrow  lament  the  loss  of  our  good 
trieiid,  honest  Mr.  John  'Wriffht,  but  with 
patience  we  must  submit  to  tlie  Almighty, 
who  can  as  well  raise  up  instruments  to  do 
bis  work,  as  change  hearts,  of  which  we  have 
so  ffreat  an  instance  in  the  business  of  the  duke 
of  Sibnmoutb,  that  no  age  or  history  can  pa- 
rallel. I  am  now  thoroughly  satisfied,  tnat 
what  was  printed  in  the  Monday's  Gazette  is 
utterly  false,  and  you  will  see  it  publicly  de- 
dared  so  shortly.  The  kiuf  is  never  pleased 
but  when  he  is  with  him,  nath  commanded 
all  the  privy  council  to  ivait  upon  him,  and 
happy  is  he  that  hath  most  of  his  favour.  His 
pardon  was  sealed  and  delivered  to  bun  last 
Wednesday.  It  is  said,  he  will  be  restored  to 
be  master  of  the  horse,  and  be  called  into  the 
council  table,  and  to  all  his  other  places,  and 
it  is  reported  he  will  be  made  captain  general 
of  all  the  forces,  and  lord  high- admiral,  &c. 
H«  treats  all  his  old  friends,  that  jdaiiy  visit 
him,  with  great  civilities,  they  are  all  satisfied 
with  his  integrity,  and  if  God  spares  his  Ui'e, 
doubt  not  but  he  will  be  an  instrument  of 
much  good  to  the  king  and  kingdom.  He 
said  piwlidy.  That  he  knew  my  k>nl  Russell 
was  as  loyal  a  subject  as  any  in  England,  and 

\ou  IX. 


*  that  his  majesty  believed  the  same  now.    I 

<  intend  shortly  to  wait  on  him  myself.     It 

<  would  make  you  laugh  to  see  how  strangely 

*  our  high  Tories  and  clergy  are  mortified,  their 

*  countenance  speak  it.  nere  ray.Shesorery 
'  to  be  moved  for  now,  it  would  be  readily 

*  granted.  Sir  George  is  grown  very  humble. 
'  It  is  said  Mr.  Sidney  is  reprieved  for  forty 
*'  days,  which  bodes  wdU. — Mr.  Redder  sat  witia 
'  me  some  time  this  evening.'  ' 

L.  Cp  J.    There  is  no  more  in  the  record. 

Recorder.  No,  my  lord.  Then  so  on  to  tha 
third. 

Clerk.  This  is  directed  '<  For  Mr.  Edward 
Gael,  linen-draper,  at  Ipswich." 

Mr.  Williams.  Is  it  likely  he  should  writ* 
these  Letters  to  a  draper? 

L.  C.  J.  It  is,  it  seems,  the  ordinary  riflT-raff 
he  writes.  He  thinks  it  not  below  bim  to  keep 
a  correspondence  with  all  the  scoundrels  of  hit 
par^  in  the  country. 

necorder.  Ay,  all  sorts  of  trades  he  is  a^ 
quaintedwith. 

Clerk.  It  is  dated  the  1st  of  December,  1683. 

Reads. Mr.  Gael,  '  Thi(i  evening  Mr.  Ked- 

'  der  came  and  sat  with  me—' 

X.  C.  /.  Will  you  have  it  all  read? 

Mr.^  Williams,  No,  my  lord,  we  do  not  de- 
sire it.' 

L.  Co  T.  Then  read  what  is  in  the  reootd. 

Recorder.  Look  where  the  passive  begins, 

<  The  late  Change '' 

Clerk.  Where  is  it.  Sir?  It  u  not  marked. 

X.  C.  J.  If  you  cannot  find  it  out,  then  reai 
the  whole. 

Clerk  reads— ^  Mr.  Gael,  This  evening  Mr. 
Kedder  came  and  sat  with  me,when  acquainted 
him  what  you  and  others  writ  me  in  refereooe 
to  himself,  as  also  of  the  death  of  Mr.  Wrigfaty 
which  he  was  sorry  for.  He  protested,  if  ha 
could  persuade  his  wife,  he  would  accept  of 
Ipswich  choice,  notwithstanding  all  the  dis« 
ooura^ement  he  had  met.  with .  One  more  ha 
acquainted  me  with,  that  had  seen  a  letter 
from  Mr.  Cutliffe  to  Dc  Clcgat,  extremely 
discouraging  him  from  cbmrog  to  Ipswich^ 
where  if  he  did  come,  said,  would  find  him- 
self mistaken,  for  that  would  never  eigo^ 
quietness  or  peace,  notwithstandinjg  hisbaU 
samick  temper,  &c.  as  he  called  it.  These 
things  frights  Mr.  K-edder,  who  I  am  now 
perauading  so  soon  as  he  is  up  again,  to  ga 
down  for  a  month  or  two,  and  then  if  he  doUi 
not  like  the  place  and  people,  may  return 
hither  again.  This  1  resolve  to  press  hard  (Ui 
Monday,  when  have  promised  to  dine  with 
me,  as  also  Mr.  Hodges.  Be  confident  I 
shall  think  nothing ,  too  much  to  effect  thia 
business,  though  one  or  other  still  pulls  down 
as  fiist  as  I  build  up.-*— Here  is  now  a  door 
of  encoura^meot  opened  for  sober  men  to 
come  into  public  employment  You  will 
undo  the  town  of  Ipswich  il^  you  bring  not 
sober  men  into  play  :  For  God's  sake  consider 
of  it.  Penuaile  >lr.  Snilling,  or  some  aober 
men,  to  come  in  their  two  Fofts-mena  piaoeat 
void  for  other  matters,  refer  yoi^  to  nr  P« 

4K 


1347]  STATE  TRIALS,  Z6CnAVLLtstt.l6U.^TrialofSir  S.  BamMriMmy  [1S4S 


*  Thefote  change  here  in  paUie  afihirsj'is  ao 

*  great -HQd  Strang^.'  • 

L.  C.  J.  There  begins  the  passage  in  die  re> 
conJ. 

Clerk  reads — — «  The  late  change  here  in 

^  *  public  affairs  is  so  great  and  strange,  that  we 

*•  are  like  men  in  a  dream,  can  bardty  believe 

*  what  Me  see,  and  fear  we  are  not  fit  for  so 
'*  great  a  mercy  as  the  present  juncture  seems 

<  to  promise.  The  earl  of  Mackensfield*  is 
'  bringing   actions    of   Scandalis   Mao^natum 

'*  agfainst  all  the  grand  jurymen  that  mdicted 

*  him  at  last  assizes.    And  the  several  gentle- 

*  men  tl^it  were  indicted  in  Cheshire  and  Nor- 

<  tliamptonshire,  will  bring  their  several  ac- 
'  ^'  tions  at  law  against  them.  Acquaint  Mr.  Snil- 

» liijg' 

X.  C.  /.  There  is  all  that  is  in  the  record. 
Recorder,  Theie  are  bnt  two  lines  more. 
Clerk  reads — •  Acquaint  Mr.  Snilling  we  re- 

*  ceived  the  two  barrels  of  oysters,  and  two 
-'^Botiple  ot'  ducks,  and  desire  mm  to  take  mo- 
'  ney  of  Buckle  for  them.     I  rest,  yonrs.' 

Recorder.  Now  go  on  to  the  next. 

Cierk.  This  is  the  fourth  Letter:  it  is  di- 
rected to  Mr.  Willtara  Cavell,  at  Brightwell, 
near  Ipswich,  in  Suffolk,  and  dated  London  the 
^th  of  December,  1683.  Shall  I  read  it  all  ? 
,  X.  C  J.  No,  no :  If  you  can  find  that  part 
that  is  in  tlie  record,  *  contrary  to  most  men's 
^  expectations,'  there  it  begins. 

Clerk  reads. — *  Contrary  to  most  men's  ex- 

*  nectations,  a  warrant  is  signed  at  last  for  be- 
'<  heading  colonel  Sidney,  at  Tower-bill,  next 

*  Friday.    Great  endeavours  have  been  used  to 

*  obtain  his  pardon,  biitthe  contrary  party  have 
*•  carried  it,  which  much  dashetb  our  nopes, 
'  but  God  still  governs.    Acquaint  Buckle ' 

L,C.J.  There  isall. 

Clerk,  Here  is  but  a  line  more  (reads)  <  Ac< 

<  auaint  BueUe,  here  is  no  news  of  Crailon 
-^  Hoy,  notwithstanding  die  wind  is  fair,  it  is 

'  his  practice  always  to  loiter  by  the  way.      I 

*  rest,  your  loving  friend*' 

Mr.  Williams,  Pray  let  me  see  diat  Letter. 

Recorder,  We  have  done^  my  lord,  we  leave 
it  here.  • 

'     £.  C.  J.    Well,  What  say  you  to  it  lljat  are 
for  thedefetidant? 

Mr.  Williams.  May  it  please  your  lordship, 
«nd  you  gentlemen  of  the  jury,  J  am  of  coun- 
sel here  for  the  defendant,  sir  Samuel  Bamar- 
diston,  and  the  question  now  before  you  is, 
Whether  this  gentleman  be  kuowinigly  guilty 
ef  the  writing  and  publishing  these  four  Letters, 
that  bare  been  read  here  to  you,  and  which  of 
them  he  is  guilty  of  writing,  and  which  not  ? 

•  See  the  Case  of  the  earl  of  Macclesfield  v. 
ttarkey,  in  this  same  year.  In  3  Mod.  41,  it 
Appears  that  the  earl  (then  called  eari  of 
Macklefield,)  had  brought  an  action  upon  the 
statute,  De  Scand.  Magn.  against  sir  Tliomas 
Grosvenor,  for  saying,  when  fbreman  of  the 
grand  jury  in  Cheshire,  that  the  earl  was  a 
tedious  man,  [qu.  seditious]  and  promoter  of 
ladiotis  addresses. 


I  do  not  see  that  bis  name  is  ppt  to  aov  «f 
them  ;  nay,  the  Letters  are  not  subscribed  bj 
any  body,  and  that,  gentlemen,  ymintavae 
by  looking  upon  the  Letters  For  the  eridenoe 
that  hath  been  ^ven,  I  beseech  your  lordsbip 
to  observe  what  it  is.  As  to  his  publisbiog  «f 
them,  I  see  no  evidence  at  all  to  prove  him  asv 
way  concerned  in  that:  Some  of  them,  indeed, 
are  his  own  hand- writing,  and  proved  to  be 
his  Letters,  by  bis  own  confession  before  tbe 
king  and  council ;  that  Mr.  Blathwaite  slid 
Mr.  Atterbury  the  messenger  swear  direcdv, 
that  Sir  Samuel  Bamardiston  did  own  the 
Letter8,but  for  the  fourth  they  say  he  diddiiowo 
that  to  be  bis  Letter,  and  it  is  not  so  moeii  ts 
his  hand ;  but  wliat  proof  is  it  they  hkn 
brought  to  apply  this  to  him  ?  You  see  what 
a  sort  of,  proof  is  made:  They  produce  ym 
here  a  youn^  man  that  was,  as  it  happened,  bif 
servant  at  this  time,  and  lived  in  his  family  witb 
him  in  the  nature  of  a  secretary,  it  seems ;  sad 
how  fit  lie  was  to  be  entertained  in  that  qnafitj^, 
you,  I  question  not,  observe.  He  savs,  be  M 
copy  this  letter  by  the  direction  of  lus  master. 
It  is  well  if  he  md  not  keep  a  copy  himself  bj 
him  of  such  a  Letter  as  this,  for  a  particular  ok, 
as  some  honest  senants  have  done  beforie 
now,  that  have  designed  somewhat  of  ad- 
vantage to  themselves:  But  that  is  bis  eri- 
dence  about  this  fourth  Letter.  Tbat  tfaea, 
gentlemen,  which  we  would  offer  on  briialf  of 
the  defendant,  is  this,  Whether  there  be  aay 
evidence  of  tlie  publishing  of  these  Letters  bj 
sir  Samuel  Barnardiston,  either  of  all,  or  asj, 
and  which  of  them  ?  All  the  proof  that  I  hesr, 
comes  frpm  Atterbury,  and  tne  derk  of  the 
coundl,  Mr.  Blathwaite,  which  is  but  this : 
Atterbury  says,  That  sur  Samuel  shonld  ttf, 
They  were  sent  to  the  post-honse ;  and  Hr. 
Blathwaite  says,  he  did  not  deny  the  puUisb- 
ing  of  them,  but  he  does  not  say,  he  confeffed 
it.  As  to  the  sending  to  the  post-house,  if  it 
be  true,  I  shall  leave  it  to  ycnur  lordship,  fasw 
far  that,  my  lord,  can  be  a  mibtisbing[  of  a 
libel ;  whether  that  be  a  publishing  wilbin  dis 
information,  or  no  ?  A  gentlemen  i^tesakt- 
ter  to  a  private  friend,  and  sends  it  to  the  ust- 
house ;  whether  that  be  a  publishing  of  a  uwl, 
T  leave  it  to  you  ?  For  the  fi>uilh  Letter,  diii 
same  trusty  secretary  cannot  tell  yon,  wbedicr 
he  delivered  it  back  a^in  to  sir  Samuel,  or  no; 
or  whether  he  put  it  in  the  window ;  or  wbe* 
ther  he  delivered  it  in  at  the  post-house,  ootv, 
as  he  believes,  he  laid  it  in  the  window  as  uc 
used  to  do  other  letters.  But  whatever  be 
believes  must  not  pass  for  evidence,  especblij 
in  matters  of  this  nature,  it  being  a  great  crine, 
as  the  information  has  set  it  form.  If  dies 
there  is  no  proof  (as  with  snbmission  I  fasp* 
there  is  not)  of  the  publication  of  these  Leittnt 
I  suppose,  gentlemen,  you  will  not  take  it  upon 
VouroatlM,  that  he  is  gnfity  of  wbat  keis 
nere  accused  of  without  evidence.  This  inftr- 
mation,  gentlemen,  doth  mention  sercral 
things,  which  do  very^  much  aggravate  tin 
matter,  if  they  were  proved.  Many  dinp 
are  laid  in  it  to  Induce  the  infiirnadoo.  aid 


1549]         STATE  TRIALS,  36  Chaelbs  11.  l664.-/ar  a 


[13dCr 


whicfa  may  much  enhance  tbe  crimen  bot  of 
whieh  1  see  uomannerofproof  at  all.  Many 
tUngs  are  mentionad  as  faota  leading^  to  die 
mam  facts,  whieh  is  the  great  oAence;  but 
tkeae  not  being  fMroved  upon  bim,  I  desire  he 
maj  ^  acquitleil  of  tbat  part. 
.  '  i.  €1.  J.  What  do  you  mean,  Mr.  Wil- 
liams?— ^Mr.  Williemt,  Of  all  your  preamble. 

X.  C.  J.  What  preamble  do  you  mean  ? 

Air-  Wiliiams.  Tbat  he  beitig  a  person  of  a 
tdrbulent  and  anquirt  spirit 

X.  C  J.  Why,  Mr.  VVilhams :  would  yon 
have  the  jni^  find  that  he  is  not  so? 

Mr.  William^.  My  lord,  there  is  no  proof  of 
it:  or  that  be  did  doit  with  a  design  se<litiously 
to  disturb  the  peace,  tbat  he  did  it  with  a  sedi- 
tious intent 

Is.  C.  J.  You  woubl  have  the  jury  fnid,  I 
warrant,  that  he  did  it  piously^  and  with  a  good 
intmt. 

Mr.  WiiUttms,  My  lord,'  there  is  a  middle 


V 

L.  C.  jr.  No,  no,  Mr.  Williams,  let  us  have 

nnne  of  that  doctrine,  we  must  have  a  care  of 
diat,  and  your  middle  ways.  For  certainly 
the  law  supplies  tbe  proot,  if  the  thing  itself  I 
speaks  malice  and  sedition.  As  it  is  in  nmrder, . 
we  say  always  in  tbe  Indictment,  He  did  ii  by  - 
tbe  instigation  of  the  devil :  Can  tbe  jury,  if 
the]f  find  the  fiusfc,  find  he  did  it  not  by  such 
instq^atioo  ?  No,  that  does  necessarily  attend 
the  ver^  nature  of  such  iln  action,  or  thing. 
So,  in  informations  for  offences  of  this  nature, 
we  say.  He  did  it  falsely,  maliciously,  and 
seditiously,  which  are  tbe  formal  words ;  but, 
if  the  nature  of  the  thing  be  sucb  as  necesoa- , 
rily  imports  malic^  reproach,  and  scandal  to 
the  government,  there  needs  no  proof  but  of 
the  met  done,  the  law  supplies  the  rest  If  the 
iact  were  indifferent  in  itself^  then  to  make  a 
crime  of  it,  the  accidental  circnmstanoes  mtist 
be  proved,  but  it  needs  not  where  the  thing 
implies  malice  in  its  own  nature.  You  would 
hare  the  jury  find  he  had  no  ill  design  in  it ;  he 
did  it  with  a  good  intent,  I  warrant  you. 

Mr.  Wiliiams.  All  I  would  ad(,  my  lord,  is 
butthis— — ^ 

X.  C.  J.  Do  you  think  he  did  it  to  serve  the 
crown  ?  If  the  jury  will  take  it  upon  their  oatbs, 
tbat  sir  Sam  uel  Bamardiston  wrote  these  Letters 
to  serve  the  crown,  you  say  somethuig.  Pray 
aric  them  tiiat  question.  Try  if  you  can  make 
them  believe  that,  Mr.  WiUtams. 

Mr.  Wmiams.  There  is  no  evidence  given 
about  this  malice.  ^ 

'  L.C.J.   Yes,  the  very  thing  is  evidence  of 
ilael£ 

Mr.  WilUanu,  Pray,  my  lord,  let  the  fiuA 
lie  upon  its  own  weight :  There  is  no  proof 
given  of  any  of  these  aggravating  things. 

X.  C.  J.  Ilow  shall  any  man  prove  another 
Bian*s  malice,  which  is  a  tbinfl!  that  lies  onfy 
in  a  man  Si  mind  ?  How  should  any  man  know 
that  I  am  malicious  against  the  governmenty 
hot  by  my  actiQns. 

Mr.  WiUiams.  I  lay  it  before  your  lordship 
•ad  the  jury ^ 


X.  C.  /.  No  proof  can  be  expected,  but  what 
the  nature  of  every  things  will  bear. 

Mr.  Williams.   Then  i  pray  this,  my  lord, 
that  I  may  be  at  liberty  next  term,  if  we  be* 
convicted,  lo  urge  this,  and  observe  in  mitijjTii- 
tion  of  tbe  punishment,  that  there  was  nothing 
of  these  thmgs  provj^. 

X.  C.  /.  Urge  what  you  can  in  its  proper 
time,  but  offer  nothing  here  but  what  is  fit  to 
be  offered. 

Mr.  Wiiliami,  Here  are  mentioned  in  this 
Information,  (though  it  be  by  way  of  induee*: 
ment,  yet  they  must  be  proved)  things  tliat  are 
matters  of  record,  but  tney  have  proved  nona 
of  them. 

X.  C.  /.  Have  yon  any  of  those  records 
here,  the  convictions  of  my  lord  Russell  and> 
colonel  Sidney  P 

Recorder.  Those  things  are  so  well  known, 
I  suppose  they  will  not  contest  ihem, 

Mr.  Williams,  Sit,  I  must  lay  hold  on  all 
advantages  for  my  client.  You  bate  made 
them  part  of  your  case,  pray  prove  them. 

Recorder,  Truly^  my  lord,  we  did  net  think 
they  would  have  made  that  any  question,  and 
we  have  them  not  here.  They  know  it  well 
enough  to  be  true. 

L.C,J.  If  you  have  them  not  here,  go 
and  find  them ;  if  they  insist  iipon  it,  you 
B\u8t  prove  them.  I  will  stay  tiU  you  fetch 
tbem. 

Mr.  Williams,  My  lord,  we  would  not  hinder 
your  lordship's  busincoo    ■ 

X.  C.  J.  No,  no,  it  will  be  no  hindrance,  I 
will  do  something  else  in  the  mean  time.  This 
is  a  cause  of  public  exam[>le  and  consequence^ 
and  1  will  give  it  all  tbe  fair  hearing  I  can. 

Mr.  Williams.  My  lord,  if  you  please,  there 
is,  1  suppose,  no  such,  baste  of  trj'ing  thi$ 
cause  now,  to  hinder  business,  and  keep  you. 
here  lon^r  than  needs.    This  cause  may  as 
well  he  tncxl  tbe  beginning  of  next  term. 

X.  C.  J.  No,  no,  I  will  make  an  end  of  it 
now,  if  I  stay  never  so  long  for  it ;  indeed  the 
defendant  says,  *  I  am  down  in  the  mouth :' 
It  is  true,  I  have  got  a  little  hoarseness,  but  I 
thank  God  my  heart  is  not  down,  nor  I  hope 
never  will  be  to  serve  the  government 

Mr.  WilUams.  If  they  will,  they  shaU  find 
the  Uetters  without  the  records^ 

Mr.  Jones,  No,  no,  we  mus^  have  tbe  re* 
cords,  though  it  is  true  it  is  but  matter  of  form, 
yet  we  must  prove  our  whole  case. 

X.  C.  X  W^l,  I  will  stay  till  they  are  fetch- 
ed. Let  the  jury  stand  by,  aiid  I  will  go  on 
and  try  another  cause,  and  in  the  mean  time 
fetch  tnese  records.  Do  not  make  two  jour- 
nies,  but  bring  all  that  are  mentioned  in  the 
record. 

Then  the  Jury  were  set  by,  and  the  court 
went  on  In  some  other  causes,  and  about  an 
hour  and  an  half  after  the  Records  were 
brought,  and  this  causewas  resumed,  and  pro- 
ceed^ thus. 


eaea  uras. 

X.  C.  X   Well,  oome»  have  yoa 
coidsnuw? 


thoae  rt» 


1351]  STATE^TRULS,  36  Cuarlbs  It.  1684.— TKtf/^/Str  5.  Borncrifii^oii,  [tm 


Recorder.  Yes,  iwear  Mr.  Tindal.  [Which 
was  Hone.]  Is  that  a  true  copy  ? 

l^ndal.  Yes,  it  is  a  true  copy  of  the  indict- 
ment, conyiction,  and  attainder  of  my  lord  Rus*> 
sell,  I  examined  it  with  Mr.  Tanner. 

X.  C.  J.  Well,  put  it  in.  [And  then  a  word 
of  it  was  read  bv  the  clerk.] 

Recorder.  And  here  is  the  record  itself  of 
the  attainder  of  colonel  Sidney.  [Which  was 
tome  part  of^t  read  also.] 

L,  C.  J.  What  say  you  now  to  it,  g^entle- 
nen,  for  the  defendant? 

Mr.  Tkoa^MOn,   My  lord,  I  have  nothing 
more  to  say  than  has  heen  said. 
L.  C<  /.    All  this  was  well  enough  known. 
Mr.  Jone».   Ay,  but  they  would  gi?e  the 
court  all  the  trouble  they  could  by  making 
them  send  for  that  which  they  could  not  deny. 
L.  C.  J.    Gentlemen  of  the  jury.  Here  is  an 
information  exhibited  against  sii*  Samuel  Bar- 
nardiston,  and  the  intbrmation  sets  forth  this 
matter.    It  doth  take  notice- of  a  horrid  con- 
spiracy, a  daraiiaSle  conspiracy,  lately  hatched 
and  set  on  foot  fot*  the  destruction  of^the  king, 
and  for  the  subversiott  of  the  government ;  that 
there  Were  divers  persons  who  were  indicted, 
and  stood  cooTicteo,  and  were  afterwards  exe- 
cuted for  this  horrid  conspiracy.    Among  the 
rest,  there  is  notice  taken  of  my  lord  Russell 
for  one,  and  colonel  Sidney  (he  went  by  that 
*  name,  Algernon  Sidney  1  mean)  for  another, 
to  be  two  of  those  conspirators  that  were  en- 
gaged in  that  damnable  conspiracy  for  the  de- 
struction of  the  ki^g,  and  subversion  of  the  go- 
vernment. 

.  Now,  Gentlemen,  That  these  persons  ac- 
cording to  the  inducement  of  this  uiformation, 
were  so  indicted,  so  attainted  and  exiecuted  (as 
far  forth  as  is  cited  in  the  information)  is  proved 
to  you  by  the  two  records,  which  the  counsel 
OA  the  other  side  insisted  to  have  shewn,  and 
which  have  been  now  produced.  Tbe^  one  is 
sworn  to  be  a  true  copy  of  the  conviction  and 
attainder  of  my  lord  Russell,  and  the  other 
which  they  produced,  was  the  record  itself  of 
the  conviction  and  a^ainder  of  Sidney.  So 
that,  as  to  that  part  it  is  plain,  they  were  con- 
victed and  attainted,  both  the  one  and  the  other, 
a9  actors  in  that  hellish  plot 

The  next  thing,  GentCemen,  and  which  was 
flo  much  insistedupofi  by  the  defendant'acoon- 
sel,  is  this :  The  information  takes  notice,  diat 
the  defendant  sir  Samuel  Bamardislon,  being  a 
roan  of  a  factious,  seditious,  disaffected  temper 
towards  the  government,  a  man  of  ill  princi- 
ples, in  order  to  disturb,  disquiet,  and  discom- 
pose the  goyemment,  he  did  cause  several  Let- 
ters, four  in  number,  to  be  writ  and  puUisbed, 
which  Letters  have  bec»  read  onto  you. 

It  hath  been  objected.  That  in  as  much  as 
ihe  words  falsely,  seditiously,  maliciously, 
factiously,  and  the  like  words  are  in  the  infer* 
mation,  they  would  have  you  believe,  that 
there  being  no  evidence  of  any  such  thing,  as 
faction,  malice,  and  sedition,  or  that  the  man  did 
it  malidoosly,  and  advisedly,  and  seditiously, 
(whkh  are  tlie  words  in  thepr«sniifs,as  Imay 


call  them,  or  the  preamble  of  the  ioAimaliMi) 

therefore  they  must  be  acquitted  of  that  ftrt 

Now  as  to  that,  I  told  them  then,  and  lell  vta 

now,  gentlemen,  that  no  man  livin|[  can » 

cover  the  malicious  evil  designs  and  mtentisiif 

of  any  other  man,  so  as  to  giveevideafscf 

them,  but  by  their  words  and  actions.  No  ma 

can  prove  what  I  intend,  but  by  my  words  and 

actions.    Therefore  if  one  doth  compass  isd 

imagine  the  death  of  the  king,  that  by  oar  bnr 

is  hieh  treason ;  but  whether  or  no  he  be  ^vBtj 

of  this  treason,  so  as  to  be  convicted  of  it  by 

another,  is  not  proveable,  or  discoverable,  rat 

by  some  words  or  actions,  whereby  the  imM^i- 

nation  may  be  manifested.    And  therefore  my 

imagining,  my  compassing,  whiich  is  printe 

in  my  own  mind,  must  be  submitted  tothejttd|f- 

ment  that  reason  and  the  law  passeth  upna  ny 

words  or  actions,  and  then  the  action  itselfbemf 

proved,  that  discovers  with  what  mind  the  thing 

was  done ;  as  in  the  case  I  put  before  to  tw 

counsel.     Suppose  any  man  without  profo- 

cation  kill  another,  the  vrords  of  the  indictment 

are,  that  he  did  it  maliciously,  fetonmnsly,  not 

having  the  fear  of  God  berore  his  eyes,  bet 

being  moved  and  seduced  by  the  instigstieo  cf 

the  devil.    Now  all  these  things,  whether  be 

had  the  fear  of  God  before  his  eyes  or  not ;  er 

whether  he  were  moved  by  the  instigation  of 

the  devil,  and  of  his  malice  forethought,  cr 

no  ;  these  cannot  be  known,  till  they  cooKto 

be  jprored  by  the  action  that  is  done. 

So  that  in  case  any  person  doth  write  libel^ 
or  publish  any  expressions  which  in  themaehnes 
carry  sedition  and  faction,  and  ill-will  tawndi 
the  government ;  I  cannot  tdl  well  how  ts 
express  it  otherwise  in  his  accosatioo,  than  by 
such  words,  that  he  did  it  seditiously,  6^ 
tiously,  and  maliciously.  And  the  proof  of  the 
thing  itself  proves  the  ewi\  naind  it  was  dona 
with.  If  then,  gentlemen,  you  believe  the  de- 
fendant, sir  Samiiel  Barnard istoo,  did  write 
and  publish  these  Letters,  that  is  proof  eneogh 
of  the  words,  maliciously,  seditiously,  aao 
factiously,  laid  in  the  information. 

The  Letters  are  factious,  seditions,  and  mai- 
cious  letters,  and  as  base  as  the  worst  of  mas- 
kind  (thougli  he  had  had  aU  the  provocstjos 
that  ever  coukl  be  given  a  roan  to  libel  another) 
could  ever  have  invented. 

And  let  sir  Samuel  Bamardislon  put  it  oodff 
the  countenance,  or  under  the  umbrag|i^  er 
under  the  enamel  of  his  zeal  for  the  troe  Bro- 
testant  Religion,  if  he  will ;  or  if  be  have  a 
mind  to  it,  to  gwe  himself  any  fine  name,  iiy 
calling  himsdf  one  of  the  sober  f»^>^ 
godly  party,  or  the  upright  party;  lethimg" 
himself,  and  paint  himself  as  he  pleasdiiP 
the  inside  is  rotten,  and  it  is  fictions  andrndi- 
tious  at  tlie  bottom  to  all  intents  and  porpoM 
whatsoever.    And  if  he  be  guilty  of  'i^^J^ 

gentlemen  are  to  try  and  con«der ;  the  greatff 
le  man  is,  the  greater  the  crime;  awl  tta 
more  understanding  he  has,  the  more  mw^i' 
heseemstobe:  for  your  little  ordiaary^ert* 
people,  that  are  of  common  mean  uwSIib^ 
mg,  they  may  be  wheedled  aaddi^vviBt^ 


lS5dJ  STATE miALS,  d6  Charlcb  II.  iSM^or  a  MMemedMr.         [1554 


■arpviMdiifto  wuahtliiagi;  but  men  of  a  public 
figure,  and  of  tome  valoe  in  the  world,  that 
bava  been  takeoto  be  men  of  the  jpreotest  in- 
tflmt  and  reputation  in  a  partj^  it  ^cannot  be 
thought  a  audden  lurprize  upon  them  ;  no,  it 
18  airorkof  timeand  thougnt,  it  is  a  thio^ 
fixed  in  his  very  nature,  and  it  shews  so  mmm 
venom,  as  would  make  one  think  the  whole 
mass  of  his  blood  were  corrupted.  I  had 
thought  the  Act  of  Oblivion  might  have  put 
sir  Samuel  Bamanlisfcon  in  mind,  that  it  was 
not  fit  any  more  to  go  down  to  Whitehall,  to 
make  uproars,  aud  tumults,  and  hubbubs. 

But  here  is  the  matter  that^e  now  is  accused 
of,  and  here  is  in  it,  malice  against  the  king, 
malice  against  the  government,  malice  against 
(rath  church  and  state,  malice  against  any  man 
that  bears  any  share  in  the  government,  udeed 
malice  against  all  mankind  that  are  not  of  the 
same  persuasion  with  those  bloody  miscreants, 
(1  cannot  give  them  a  milder  name)  I  mean 
the  conspirators  in  the  late  damnable  conspi- 
racy, some  of  whom,  have  been  attainted  and 
executed  fixe  it.   Here  is  the  sanctifying  of  trai- 
tors, that  were  justly  sentenced  to  execution 
aix;ording  to  the  taw  of  the  land,  and  at  the 
same  time  there  is  joined  with  it,  tl\e  most  in- 
veterate insinuation  against  the  governroent 
that  can  be,  as  thouj^  the  king  was  prevailed 
with,  upon  a  Sham  Protestant  Pk>t,  to  ao  things 
in  order  to  destroy  government  itself,  and  every 
one  of  the  *  Sober  Party,'  as  they  call  them- 
aelyes.     For  these  persons  could  not  have  suf- 
fered, bat  as  condemned  according  to  the  rules 
of  law,  but  these  Letters  carrjf  an  insinuation 
as  if  thew  were  cut  oif  by  a  sham  trick  and  de- 
mga.    For  after  the  good  news  of  the  reprieve 
of  Sidney  was  contradicted,  the  warrant  for 
bis 'execution  is  t^en  notice  of,  and  you  see 
the  manner  of  expression  that  is  used,  '  their 
*  party  has  prevailed,'  as  though  the  putting 
the  laws  in  execution,  and  hanging  of  traitors, 
were  such  a  thing  that  the  party  most  be  set  up 
to  prevail  to  do  it,  and  mankind  must  be  di- 
vided into  parties,  their  party  akid  our  party, 
and  the  contrary  party,  they  have  prevailed  1 ; 
and  truly  now  our  party,  the  *  Sober  Party'  as 
he  Calls  it,  are  in  a  very  sad  condition. 

Tb4n  here  is,  as  I  said,  the  sainting  of  two 
horrid*  conspirators,  here  is  the  lord  Hiissell 
sainted,  that  blessed  martyr,  my  lord  Russell, 
that  good  man,  tliat  excdlent  Protestant,  he 
is  lamented,  and  what  an  extraordinary  man 
he  was,  who  was  fairly  tried,  and  justly  con- 
victad  and  attainted,  for  having  a  hand  in  this 
horrid  conspiracy  against  the  life  of  the  king, 
and  his  dearest  brother  his  royal  highness,  and 
for  tile  subveision  of  the  government.  And 
here  is  Mr.  Sidney  sainted,  what  an  extraor 
dinary  man  he  was  1  Yes,  surely,  he  was  a 
very  good  man,  becaiu»  you  maj  some  of  you 
remember,  or  have  read  the  history  of  thuoe 
times,  and  know  what  share  Mr.  Sidney  (lad  in 
that  black  and  horrid  villainy,  that  cursed 
treason  and  murder,  the  murder,  I  mean  of 
king  Charles  1,  of  blessed  memory,  a  sbame 
to  rdigion  itscUv  ^  perpetual  reproach  to  the 

8 


island  we  live  in,  to  think  that  a  prince  should 
be  brought  bv  pretended  methods  of  law  and 
justice  to  such  an  end  at  his  own-  palace. ,  And 
it  is  a  shame  to  think,  that  such  bloody  mis* 
creants  should  be  sainted  and  lamented,  who 
had  any  hand  in  that,  horrid  murder  uad  trea- 
son, and  who  to  their  dying  minutes,  when 
they  were  upon  the  brink  of  eternity,  and  just 
stepping  into  another  world,  could  confidently 
bless  God  for  their  bebg  engaged  in  that  eood 
cause,  (as  they  call  it)  which  was  the  rebellion 
which  brought  that  blessed  martyr  to  faia 
death.  It  is  hi^h  time  for  aU  mankind,  that 
YMve  anv  Chrisuanity,  or  sense  of  Heaven  or 
hell,  to  bestir  themselves,  to  rid  the  nation  ^ 
such  caterpillars,  such  monsters  of  villainy  sis 
these  are. 

Nay,  In  these  very  Letters  {is  contained  the 
very  laiuzuage  of  that  curs^  murderer  and 
traitor  Walcot  himself,  *  That  God  Almighty 

*  in  his  own  time' would  raise  up  instruments.''^ 
I  know,  gentlemen,  you  have  heard  and  read 
what  that  bloody  traitor  said  to  that  effect ;  and 
you  hear  what  expressions  like  it  are  in  these 
Letters, '  I  am  sorry  for  the  death  of  our  friend, 
'  honest  Mr.  John  Wright,  but  God  can  easily 

*  raise  up  instruments  to  do  his  own  work  ;' 
the  very  language  of  Walcot.  And  I  would 
have  you  take  notice  of  it,  Mr.  Blackerby,  for  I 
would  have  you  take  fi^aming  by  these  things. 
[Speaking  to  a  gentleman  that  was  takmg 
notes.] 

Mr.  Blackerhf.  My  lord,  I  have  neither  said 
nor  done  any  thing  that  should  give  you  occa- 
sion to  speak  thus  to  me. 

L.  C.  J.  These  Letters  tell  you,  *  God  will 
*'  be  sure  to  raise  up  instruments,'  but  what  in- 
struments do  they  mean  ?  Instruments  of  re- 
bellion, and  faction,  and  sedition,  which  they 
most  falsely  call,  <  his  own  work.'  For  it  is 
that  monstrous  sin  rebellion,  that  they  mean  by- 
it,  instruments  of  treason,  under  pretence  of 
fighting  for  God  Almighty  they  would  fain  be 
fighting  against  the  government.  It  was  the 
language  of  the  former  times,  wherewith  they 
destroyed  the  best  of  kings,  and  subverted  the 
best,  or  governments  for  a  time,  and  were  very 
near  having  totally  destroyed  three  kingdoms, . 
under  pretence  of  doing  God  good  service. 
And  when  once  a  people  pursue  such  -prind* 
pies,  and,  under  the  pretence  of  religion,  en* 
deavour  to  destroy  monarchy  and  government 
itself,  it  is  high  time  for  all  honest  men  to  look 
about  them. 

Nay,  and  you  may  observe.  Gentlemen, 
another  thing  m  these  Letters,  it  is  not  only  the 
destruction  of  the  civil  government,  the  fang^ 
and  those  that  are  in  authority  near  him,  that 
are  aimed  at^  but  all  persons  that  oome  with 
humble  representations  of  their  loyalty  to  him» 
all  that  address  themselves  to  the  king  to  shew 
their  duty  and  their  dislike  to  that  damnable 
design  and  conspiracy  against  him.  '  For  now* 
(says  sir  feiiamuel  Barnardiston)  *•  all  the  Sham 

*  Plot  is  quite  blown  off,  and  we  cannot  find 

*  See  p.  67S,  of  this  Volume^ 


1515]  STATE  TRIALS^  36Charlbs  II.  leM^TVialofSrS.  Bmuiritf/M,  [I9S6 


*  any  here,  H  is  lost,  except  yea  can  find  it 
^  among  tlie  Addi'essei's  and  Abhorrera  ip  the 

*  country,  or.amonff  a  parcel  of  clergymen.' 
80  that  all  mankind,  that  ever  thought  them- 
selves obli^^ed  to  congratulate  that  blessed  and 
Ihappy  detiveranoe,  either  to  own  our  thankful- 
ness to  God  for  it,  to  whom  we  owe  more  than 
we  are  able  to  pay  for  his  jjfreat  mercy  to  us 
therein,  or  to  express  onr  joy  to  the  kinf ,  in 
bumble  addresses,  congratulating  his  denyer- 
ance  from  the  horrid  conspiracy  bte  designed 
agamst  him,  his  brother  and  the  goremment ; 
these  gentlemen,  because  they  are  loyal  sub- 
jects, and  derire  to  shew  themselves  so,  must 
be  branded  with  the  names  of  *  Abhorrers, 

*  Tories,  Addressers,  Sham-Plotters,'  and  all 
the  ignominy  they  can  lay  upon  them.  This 
shews  it  was  not  only  aimed  at  the  civil  ma- 
gistracy, but  at  all  that  dare  be  honest  and 
oppose  faction  and  rebellion. 

As  for  any  thing  that  he  has  said  of  me,  sir 
Samuel  Bamardiston  shall  write  and  speak  of 
me  as  long  as  he  pleases.  But  though  he 
says,  *  I  am  down  in  the  mouth  ;*  it  is  true,  I 
have  a  little  lost  my  tongue  by  ray  ooM,  yet  I 
hope  I  shall  never  lose  my  heart  nor  spirit  to 
serve  the  ^vernment,  nor  forbear  to  use  my 
utmost  diligence  to  see  that  such  offenders  as 
these  persons,  that  entertain  principles  so  de- 
structive to  the  government,  be  brought  to 
oondign  punishment  And  be  they  who  they 
will,  were  they  my  own  brothers,  I  should  be 
of  the  same  nnnd,  and  so  in  that  mind  I  hope 
in  God  I  shall  live  and  die. 

Gentlemen,  the  question  before  you  is.  Whe- 
ther the  Defendant  be  guilty  of  writing  these 
nalicious,  seditious  Letters  ;  for  that  they  are 
malicious  and  factious,  no  honest  man  can 
doubt  in  the  least ;  and  I  do  not  find  that  the 
defendant  do  offer  to  say  any  thing  in  defence 
of  the  Letters,  or  can  say,  but  that  they  are  as 
venomous,  malicious,  seditious,  factious,  tu- 
multuous Letters,*  as  can  be  written,  and  I 
must  tell  jou,  tread  very  near  upon  the  bor- 
ders of  high-treason  itself.  I  am  sure  I  may 
venture  to  call  it  cozen-german  to  high- 
treason. 

Now  that  he  did  write  and  publish  them, 
yon  have 'this  proof  befbre  you  :  Mr.  Blath- 
waite  tells  you,  that  sir  Samuel  did  own  three 
of  them,  acknowledge  them  to  be  his  own 
^M^ting,  before  his  sacred  m^<esty  in  council. 
Atterbury  the  messenger  says,  he  was  by  too, 
when  he  did  before  the  king  acknowledge  die 
writing  ojP  those  three  Letters.  As  to  the  su- 
perscnption  to  one  of  those  three  Letters,  you 
have  the  testimony  of  Osland,  the  young  man 
that  lived  with  sir  Samuel  Bamardiston,  he 
swears  he  writ  it  by  his  direction,  being  his 
•«f^nt.  And  as  to  the  fourth  Letter,  this 
young  man  does  dhrectly  swear,  that  the  on- 

fi*M  he  copied  it  by,  (for  it  is  his  writmg) 
e  had  from  sir  Samuel  Bamardiston,  and  it 
was  of  sir  Samuel's  own  writing,  (which  he 

*,®?®  ^^  this  Collection,  Remarks  on  the 
Itialof  John  Peter  Zenger,  a.  d.  1T35. 


knows  well,  being  aoqoMted  witb'UskiBd) 
and  that  sir  Samuel  expressly  directsd  hisi  ts 
cojTjr  it  out,  which  he  did  by  his  eonunaod,  uA 
this  is  the  same  Letter ;  and  so  though  it  is  ast 
under  his  hand,  yet  it  is  under  bis  man's,  sad 
written  by  bis  direction.  And  he  says,  be  does 
believe  the  othor  three  to  be  his  faand-wriliB^ 
So  as  to  the  dictating  and  writmg  of  ftcse 
Letters,  you  have  as  full  and  as  plain  apioof  ai 
can  be  made. 

And  as  to  his  publishing  of  them,  which  u 
another  part  of  the  infoiiaation,  and  of  whidi 
Mr.  Williams  said  there  was  do  proof,  I 
would  say  but  this  to  you.  Is  it  not  very  pre- 
posterous, absurd,  and  senseless,  to  dunk  tfasi 
ever  it  should  enter  into  any  man's  imagioi- 
tion,  that  sir  Samuel  Baraardiston  woold  take- 
such  a  wonderful  deal  of  pains  and  care  Is 
write  these  Letters  to  sir  Philip  Skippon,  and  ts 
the  other  two  men,  to  tell  them  01  his  eadet- 
vours  to  take  off  Mr.  KeddePs  scruples,  and 
persuade  him  to  go  down  to  Ipswich,  and  ts 
desire  them  to  take  care  of  the  Sober  Pftrty ,  mi 
endeavour  to  get  Sober  Men  into  pU^,'aiidall 
will  do  well,  and  that  Uie  duk«  of  Moambutk 
had  denied  all  the  Plot,  and  so  p^en  the  lit 
to  the  king  and  the  courts  of  justice,' and  dew 
there  was  a  door  opened  for  Sober  Men  to  eomc 
in,  and  Crod  would  raise  up  instruments,  aad 
the  Sober  Party  wilt  up  agun  ?  Do  you  tbnk, 
1  say,  he  would  write  all  mis  fustian  stuff,  (for 
I  can  call  it  no  better  than  stuff,  though  it  be 
very  malicious  stuff)  and  carry  to  his  maa  ts 
copy  out,  and  superscribe  them  and  seal  tbeis, 
only  to  pot  th^  in  his  pocket  ?^  If  yon  eaa 
bdieve  this,  upon  my  word  you 'have  a  faidi 
able  to  remove  great  mountains^  hut  I  assure 
you  my  faith  cannot  get  to  that  slrei^gtfa. 

But  for  further  proof  of  the  puUishinff,  yso 
hear  what  the  young  man  that  was  the  de- 
fendant's servant  says.  He  teQs  you,  the  nsod 
way  of  dealing  with  sir  Samuers  letteis  wtf 
this^  There  was  a  window  near  air  Samuel^ 
closet,  and  when  the  letters  were  sealed  sp, 
they  were  used  to  be  put  there,  in  ofder  that 
the  boy,  according  to  the  usual  course,  migbt 
c^rry  them  to  the  post-house.  Andheditli 
believe  these  Le^is  (though  he  cannot  parti- 
cularly and  positively  spmk  to  Uiem)  were  ss 
used. 

Besides  all  this,  yon  have  it  hy  Atteiiiny 
positively  sworn,  that  about  the  same  tine  thai 
sir  Samuel  Bamardiston  did  adchowlei^  be- 
foK  the  king,  that  be  writ  those  Letters,  hea^ 
in  his  custody,  he  did  say  they  were  seal  te 
the  post-house,  and  he  wondered  bow  they 
came  by  them.  That  proves  it  was  dope  I7 
bis  privity.  Aad  beyond  all  there  is  this  cir- 
cumstance, that  the  thing  speaks  itself,  tbey 
are  directed  to  men  at  Ipswich,  where  sir  Sa- 
muel Bamardiston  is  known  to  have  a  corre- 
spondence ;  they  take  notice  of  the  receipt  sf 
lettersLfrom  thence,  and  of  the  deadi  of  Mr. 
Wright,  mentioned  in  those  letters,  wbidi 
shews  them  to  he-answers  to  letters  reoeiTed; 
and  must  not  these  think  you  be  seDt,-bdt  kqA 
still  in  his  pocket?  Tb^ere  is  notke  also  ^"^^ 


t 
I 


1557]        STATE  T&f ALS,  56  Chablbs  U.  l6S4,«-/or  a  Misdmeanifr.        [1559 


ia  them,  of  their  country  aiSairs :  Though  they 
teemed  to  have  met  with  some  diBappointmeDt 
ia  such  a  business  al^out  Mr.  Kedder,'yet  they 
were  resolved  to  go  oo,  aod  desires  them  to 
communicate  this  business  of  Mr.  Kedder 
and  Dr.  Cleggit,  to  such  and  such  of  our 
friends,  and  desire  them  to  bestir  themselves, 
and  get  in  sober  men,  such  as  Mr.  Kedder, 
among  them.  For  it  is  mightily  for  our  ad- 
vantase,  that  dieresbould  be  sober  men  brought 
into  play  at  Ipswich,  and  pra^ji:  be  sure  to  keep 
the  sober  party  up.  These  things  in  tlieir  own 
nature  speak,  that  these  letters  were  intended 
and  written,  in  order  to  preserve  a  con*espon- 
dence  between  those  of  the  sober  party  in  Ips- 
wich, and  their  friends  here,  and  tneretbre  you 
may  easily  conclude  what  was  to  be  done  with 
them. 

So  that,  Gentlemen,  this  information  surely, 
(if  ever  any  was)  is  fully  proved,  as  it  is  laid  m 
an  the  parts  of  it. 

1  would  not  have  given  you  so  much  trouble 
at  this  time,  in  an  aftair  of  this  nature,  that  has 
been  so  evidently  proved,  because  your  ques- 
tion that  you  are  to  try,  is  only^  whether  the 
defendant  ]je  guilty  of  this  offence,  or  not 


^ilty  ?  (Yon  are  not  4)0  inflict  the  penalty,  that 
IS  the  province  of  tha  court  above ;)  but  only, 
because  1  see  it  is  a  matter  of  a  great  expecta-' 
tion  and  consequence.  Lwould  not  we  uiouki 
be  gulled  twice  in  one  age,  by  the  self-same 
men,  and  the  self-same  way,  into  the  samu 
treason  and  rebellion,  tod  all  those  other  mis-' 
chiefs,  that  dreadful  chaos  and  state  of  collu- 
sion, misery  and  destruction,  that  we  were 
brought  into  in  the  late  times.  And  that  had 
made  me  take  so  much  notice  now  in  this  place 
of  the  tendency  of  things  of  this  nature,  that 
we  may  beam  to  beware  of,  and  know  these 
men  that  carry  sheep's  clothing,  pretend  zeal 
and  religion,  but  their  insides  are  wolves.  They 
are  traitors  in  their  minds,  whatsoever  they  are 
in  their  outward  pretences. 

Thai  the  Jury  laid  their  heads  together  in 
the  place  where  they  stood,  and  bemg  pre- 
sently after  a^preed  upon  their  verdict,  the  rare* 
man  gave  it  in :  *  Thai  the  defendant  sir  Sa« 

*  moel  Bamardiston  was  Guilty  of  the  offence 

*  and  misdemeanor,  charged  on  him  by  the 

*  information.'    >Vhich  wrdict  was  recorded 
by  the  clerk. 


Proceedings  upon  a  Motion  in  Arrest  of  Judgment  in  the  Case  of 
the  King  against  Sir  Samuel  Barnardiston,  bart  Now: 
ifirst  printed  from  the  MS.  of  Sir  William  Williams,  commu* 
nicated  for  this  Work  (a.  d.  1811)  by  his  Descendant^  Mr: 
Charles  Watkin  Williams  Wynn. 

Mr.  WiUiftms,  My  name  is  well  printed,  my 
lord,  but  is  not  so  well  writ. 

£.  C.  J.  I  do  not  think  so,  I  assure  you ;  I 
beg  your  pardon  for  that. 

Just.  Wiihins,   It  is  but  fair,  that  Mr.  At- 


Die  Sabbati,  19  Apfilit,  1684. 

Term'  Pas.  36  Car.  2.  iu  B.  R. 

B'rus  Rex  venut  Barmardiston  bart. 

Att  Gen.  (Sir  Robert  Sawyer.)  My  lord,  I 
have  one  jvoru  to  move  before  these  gentlemen 
hmn  their  arguments. 

X.  C.  J.  (Sir  Geoige  Jefferiei.)  What  is  that 
Mr.  Attorney  ? 

Att  Gen.  They  gave  me  notice  last  night 
that  they  would  come  here  this  day,  and  move 
in  arrest  of  Judgment.  I  desire  I  may  have  a 
Bote  of  their  £xoeptions,  and  I  will  be  ready 
any  day  you  will  appoint 

L.  C.  jr.  In  what  case  is  that,  Sir  ? 

An.  Gen.  In  the  case  of  sir  Samuel  Bar- 
nardiston, niy  lord. 

X.  C»  J.  That  is  but  reasonable.  Who  is  of 
counsel  for  sir  Samuel  Bamardiston  f 

Mr.  WiUidtnt,  I  am  of  counsel  for  sir  Sa- 
muel Barnardiston ;  but  I  cannot  write  down 
my  Exceptions,  I  will  muske  them  at  the  bar. 

L.  C.  J.  Why,  Mr.  Williams  f  why  cannot 
yoti  write  them  down  ? 

Mr.  WilHams.  1  write  a  very  ill  hand,  my 
lord ;  I  cannot  write  them. 

^  X.  C.  J,   1  have  seen  your  name  in  yery  le- 
gible charactera,  Mr.  Williams  *. 

*  This  probably  was  said  in  allusion  to  the 
Order  wbieb  was  4ngnMl  by  Mr.  Williams  as 


tomey  asks;  and  then  we  will  appoint  a  day 
for  it. 

Att.  Gen.  Ay,  my  lord,  let  them  take  their 
own  day  in  any  reasonable  time. 

Mr.  Williams.  I  beg  your  pardon,  Mr.  At- 
torney ;  I  cannot  do  it 

X.  C.  J.  Then  if  you  be  so  stiff,  vfc  will 
hear  them  presently  ;  and  let  the  Arguments 
stay  till  this  cause  be  done. 

Just  Withins,  Is  sir  Samuel  Bamardiston 
there  ? 

X.  C.  J.  Yes,  there  he  is,  let  him  stand  for- 
waSrd ;  cofhe,  Mr.  Williams,  what  say  you  to  it 
for  him? 

Mr.  Williams.  May  it  please  your  lordships 
I  am  of  counsel  in  this  case  for  the  defendant, 
sir  Samuel  Bamardiston.  This  Information 
was  tried  before  your  lordship  the  sittiuff  after 
the  last  term,  at  Guildhall,  in  London.  '  It  i^  an 
information  exhibited  against  sir  Samuel  Bar- 
nardiston, filed  the  last  teem,  in  the  beginning 

Speaker  of  the  House  of  Commons  for  printing 
the  Narrative  of  Dangerfield.  See  in  this  Col- 
lection, the  oase  of  sir  William  Williams,  a.  d. 
1686. 


•f  tlM  term,  daring  sir  flunuel'i  im^imm^  It 
doth  introdnoe  the  crime  charged  upon  the  de- 
feiidaiit»{which  is  writing  of  several  Letters  into 
the  country)  with  a  rdation  of  the  late  horrid 
ooospiracv  against  the  life  of  the  king  and  his 
loyal  highness  the  duke  of  York;  and  in* 
stanceth  in  several  persons  concerned  therein, 
who  were  convicted  and  attainted,  as  my  lord 
Russell  and  colonel  Sidney.  And  it  goes  on 
further,  that  sir  Samuel  Bamardiston,  oeing  a 
person  of  a  seditious  evil  disposition,  and  tern* 
per,  and  giveth  him  a  very  iU  charader,  as  one 
of  an  unouiet,  tucholttt  mmd,  and  conversatioa, 
and  falsely  and  malictonsly  practisuig  and  in- 
tending our  lord  the  king  and  his  government, 
and  the  public  ailminiBtration  of  justice  within 
this  kingdom  into  hatred  and  acandal  to  bring, 
and  discord  and  sedition  between  the  king  and  his 
soljjects,  and  between  the  solgects  themselves, 
to  incite  and  procure,  did  make  and  cause  to 
be  made  the  several  libds  in  the  information 
mentioned,  wliidi  are  indeed  Letters,  private 
Letters,  which  are  in  part  recited  tn  Aire  verha. 
The  first  is  mentioned  to  be  dated  the  S9th  of 
November  1683 ;  and  all  of  them  are  dated  in 
November  and  December  last ;  and  it  must  be 
agreed  they  were  all  written  within  six  days 
time,  two  of  them  are  of  die  same  date,  to  wit 
M  of  December  last  After  the  recital  of  those 
passages  which  they  thought  fit  to  pick  out  of 
them,  this  Information  concludes  thus ;  <  That 

*  this  was  done  to  stir  up,  move  and  procure 

*  seditioii,  discord,  and-ill  will  between  toe  king 

*  and  his  sntjecte,  and  between  the  subiecia 

*  one  another  aod  the  evil  example,'  6cc,  He 
tt  found  guihy  of  ail  the  matter  cnarged  in  this 
information.  That  which  I  offer  in  arrest  of 
Judgment  in  the  first  place  b  this.  As  to 
one  thing  I  must  appeal  to  your  lordship's  me- 
mory who  tried  this  cause.  There  was  no 
proof  made  of  the  introduction  part  at  all. 
That  is,  as  to  sir  Samuel's  disposition  being 
•editious,  and  factious,  and  that  tie  did  this  on 

Krpoae  to  promote  sedition,  and  stir  up  dispord 
tween  the  king  and  h>9  subjects.  There  was 
no  actual  proof  to  that  purpose.  So  that  for 
any  thing  that  did  appear,  sir  Sapauel  Bamard- 
iston,  upon  the  Trial,  stood  in  the  condition  of 
any  other  subject  So  then  all  the  fiiolt  is  to 
be  collected  only  out  of  the  matter  of  the  in- 
formation :  it  IS  that  whidi  must  g[ovem  this 
case ;  but  as  to  his  disposition  and  mclination 
that  remains  without  any  objection  proved  in 
the  cause.  But  the  matter  in  controversy  will 
wholW  turn  upon  the  nature  of  the  Letters ; 
how  nr  thev  of  themselves  tend  to  sedition,  and 
are  libels.  Ifthere  be  not  such  matter  expressed 
in  these  Letters,  then  there  is  no  cause  for  this 
information  For  it  is  not  the  induction  and 
inference  of  the  informer,  that  affirms  these 
Letters  were  written  with  a  design  to  raise  sedi- 
tion and  discord,  that  amounts  to  a  proof,  un- 
less the  Letters  be  seditious ;  for  if  it  were,  that 
were  no  more  thaq  to  raise  a  conclusion  with- 
out premises  to  warrant  and  ground  such  a 
conclusion :  And  that  can  be  no  argument,  but 
only  allegation:   it  is  so,  because  it  is  so. 


Therefore  we  must  hrak  into  the  Leilen  then* 
selves.    And  to  begin  .with  the  first  of  tbem 
(for  there  are  four  in  number),  though  I  woald 
observe,  as  to  them  all  in  geneial,  what  I  open- 
ed at  first,  that  these  four  Letters  wtreaO  dated, 
and  published,  as  they  would  have  it,  witbin 
the  CDBinaas  of  six  days :    But  that  which  I 
would  ooserve  further,  is,  that,  to  my  appre- 
hension, the  words  of  the  last  Letter  do  in  a 
great  measure  correct  and  qualify  ^e  meaoiag 
of  the  other  three.  The  purport  of  all  of  theoa, 
as  appears  upon  the  reading,  sliews,  that  they 
are  no  more  m  truth  than  fetters  of  news  seat 
by  sir  Samuel  Barnardistoo.     For  the  matter 
of  the  Letters  1  appeal  to  your  lordidiip's  me- 
mory and  to  the  record,  that  they  are  no  mom 
than  letters  ofnews  about  the  town.     Itissidd 
so  and  so.  •  And,  1  hope,  not  so  extravagant,  as 
the  information  would  have  tbem  be.     Tbeae 
are  letters  of  news,  I  say,  sent  by  a  private 
gentleman  to  his  friends  by  the  puuic  post,  lor 
so  it  was  sworn  that  they  were  to  be  sent : 
And  then  I  think  it  will  at  most  amount  to  no 
more  than  false  news.     And  he,  as  nMny  men 
in  the  town  who  are  presumed  to  hare  thehcit 
intelligence,  might  be  mistaken  in  the  news  of 
the  town,  and  so  send  false  news  into  the  coon- 
try.      If  then  that  be  the  case,  if  sir  Samuel 
writ  no  more  than  the  common  talk  of  the 
town,  which  in  truth  was  falee,  and  if  be  writ 
this  as  the  common  talk  of  the  town  by  the 
post,  to  private  gentlemen  his  friends;   this 
sure  will  not  be  looked  upon  as  libeBoua  waA 
seditious.     Another  thing,  my  lord»  I  say  is 
this ;  That,  as  I  opened  it  at  ttie  first,  nothing 
doth  appear  except  by  way  of  inducement, 
which  18  but  flourish  and  garniture ;   nor  was 
there  any  thing  proved  upon  the  trial,  but  that 
sir  Samuel  Barnardiston  was  as  honest,  and  as 
innocent  of  sedition,  or  any  of  those  crimes,  as 
I  or  any  other  man. 

L,  C.  J.  How  do  you  mean,  Mr.  Williaott? 
Pray  explab  yourself. 

Mr.  WilUanu,  It  did  not  appear  any  thing  in 
proof,  I  say,  to  the  contrary. 

£.  C,  J.  Why,  Mr.  Williams,  are  vou  guilty 
of  writing  such  Letters  as  these  are  ?  1  hope  not 

Mr.  Williumt,  No,  no,  my  lord. 

L.  C.  J.  How,  then,  is  sir  Samud  as  free  as 
you? 

Mr.  Willumu,  I  hate  comparisons,  my  lord ; 
but  I  say  nothifig  did  appear  upon  the  proof. 

Just  Withins.   He  says,  he  cannot  write. 

Mr.  WiUianu,  I  speak  of  the  gentlemen  thai 
are  about  me,  or  any  honest  man. 

Att.  Gen.  I  hope  Mr.  Wilhams  does  not 
intend  to  draw  himself  into  the  guUt  of  swdi  a 
crime  as  this. 

Mr.  William.  Mr.  Attorney,  I  said  that  as- 
thing  more  appeared  at  the  tnal,  but  these  Let- 
ters against  sir  Samuel  Barnardiston,  and  then 
the  case  stands  thus.  It  is  no  more  than  if  an 
innocent  man  without  sedition,  or  any  thing  of 
thi^  nature,  should  write  a  letter  of  ne«s» 
which  he  hears,  but  really  it  isfidsenaws^ 
and  so  a  letter  of  fiilse  news  is  sent  from  an  in- 
nocent Sttbjooi  to  lui  ixuioceot  auhject     Thaa 


lS6i]        STATE  TRIALS,  36 Charles  II.  1684.— /or  a  Mifdmeancr.        [I36t 


wa«  a]l  I  roeant.    For  the  Letters  themselves ; 
the  first  is  to  this  purpose,  some  things  in  the 
Letter  are  positive,  aod  all  (hat  is  true ;  That 
the  duke  of  MoAmouth  ivas  retorned  to  court 
about  that  time ;   and  that  he  had  his  pardon  ; 
tbat  is  true  too :   other  things  are  hy  ivay  of 
hearsay,  and  I  must  confess,  many  of  mose 
hearsays  are  mistaken.    But  yet  still,  when  a 
man  writes  a  hearsay,  it  is  true  that  he  did  hear 
it,  but  whether  it  be  true  in  fact,  as  he  heard  \i^ 
that  cannot  be  averred    He  only  says  it  is  true 
that  he  heard  it ;    not  that  what  he  heard  is 
tnie.    Then  it  is  no  more  than  a  man's  writing 
of  that,  which  is  a  story  about  the  town  ;  and 
he  writes  it  as  a  hearsay.      Whether  this  be 
sud)  a  fault,  as  is  laid  in  this  information,  is  the 
question.    Possibly  it  may  be  to  be  punished  in 
another  way,  upon  the  statute  against  false 
news ;   and  the  defendant  may  incur  a  penalty 
upon  that  statute,  as  a  publisher  of  false  news. 
JBut  to  make  this  seditious,  and  such  a  crime  as 
i^  the  stirring  up  of  sedition,  disturbing  the  go- 
vernment, and  raising  of  discords  in  the  king- 
dom.    This  sure  imports  no  such  matter ;  it 
onnot  bear  the  face  of  this  crime.  I  would  not 
trouble  you  with  the  reading  of  ^e  Letter. 

X.  C.  J.  No,  but  you  shall  have  them  read 
out,  by  and  by  ;  because  you  would  feign  have 
sir  Samuel  Bamardiston  pass  for  such  aii  inno- 
cent man ;  as  if  there  were  no  harm  in  him 
at  all. 

Mr.  WilUanu,    My  lord,  I  say  this :  what 
10  positive,  in  the  Letters  is  true  m  substance ; 
.what  is  by  hearsay,  it  may  be  is  mistaken  and 
fidae;  but  I  hope  that  may  not  be  such  a 
crime,  83  to  deserve  this  information.    As  to 
the  second  Letter,  I  have  the  same  to  say ;  that 
part  of  it  which  is  positive  is  true ;  the  other 
part  is  bat  historical,  and  by  way  of  relation 
and  hearsay.    As  for  the  thud  Letter,  there  is 
the  same  answer  to  be  given  ia  to  the  first,  and 
second.     But  the  fbarth  Letter,  that  salves  the 
whole ;  and  shews  sir  Samuel  Barnardiston  to 
be  an  innocent  news  writer,  without  any  design 
of  ill  will  to  thef  government,  or  to  raise  any 
.  sedition.  Id  the  first,  second,  and  third  Letters, 
he  seems  to  be  in  some  extacy,  some  astonish- 
ment at  some  things,  that  had  happened  at  that 
time,  as  possibly  a  great  many  others  miff ht 
he  aatonisDed,  tnen,  which  might  have  other 
thoughts  of  things  than  he  had ;  and  so  he 
writes  like  a  man  in  a  dream. 
^  X.  C.  J.    Then  he  should  have  read  it  over 
aj;ain,  when  h^  was  awake ;  or  we  shall  for 
liUD  and  so  jouse  him  up  a  little. 

Mr.  Williams.  When  he  comes  to  the  last 
Letter,  which  is  dated  the  4th  of  I>ecember, 
tkow  he  is  awake,  and  comes  and  recollects 
lunuself.     We  have  been  under  a  mistake,  says 

Mr.  Justice  Withiru,  But  it  seems  he  had 
a  good  nap  of  it :  he  was  asleep  for  six  days  to- 
jpeCher.- 

Mr.  WilHami,  My  lord,  men  in  a  surprize  are 
lika  men  in  dream,  till  the  shadows  vanish, 
that  had  troubled  the  brain :  but  you  see  when 
tiling  apptared  in  due  order  aboTo  water, 


then  he  sets  things  strait  iti  his  last  Letter,  and 
tells  his  friend,  he  was  mistaken ;  be  had  wrong 
information ;  things  were  not  as  he  had  had 
them  represented  to  him.  So  it  appears  he  had 
no  design  to  raise  sedition  and  disturbance  by 
his  Letters  ;  for  if  he  had,  he  would  not  have' 
writ  the  last  Letter,  which  contradicts  the  for- 
mer,, but  shews  he  was  willing  to  let  them  know 
the  truth.  So  that  my  lord,  I  hope  he  has 
done  no  more,  that  what  is  the  daily  error  of 
every  man :  news  talking  and  news  writing  be- 
gets a  great  many  false  stories,  but  he  rectifies 
the  mistake,  as  soon  as  he  knows  it.  The 
writing  and  spreading  of  news,  1  confess,  is  too 
common  a  thm^. 

JL  C.  /.  It  IS  so,  Mr.  Williams,  I  agree  it ; 
and  we  have  one  now  before  us  to  make  ap  ex- 
ample of,  to  prevent  it. 

Mr.  Williams.  My  lord,  these  ohjections  I 
have  stated  upon  the  body,  and  matter  of  the 
information ;  out  for  a  home  exception  to  the 
record,  if  my  copy  be  true,  I  have  one  that  must 
be  fatal. 

L.  C.  /.  Ay,  pray,  let  us  have  it ;  for  upon 
my  word  all  that  has  been  said  yet  has  been 
very  far  from  home. 

Mr.  Williams,  My  lord,  my  exception  is 
this;  one  of  these  Letters  they  say  was  made 
and  published  in  '  Parochia  Sancti  Martini  in 
Campis  in  Comitatu  Middlesex;'  whereas  all 
the  rest  of  the  things  are  laid  to  be  done  in  '  Pa- 
rochia St.  Michaers,  Comhill,  in  Warda  da 
Comhill,  London,'  and  this  cause  is  tried  in 
London :  which,  the  ofience  being  laid  part  in 
Middlesex,  must  needs  be  a  mis-trial. 

L,  C.  J.    See  the  Record. 

CL  of  Cr,  Which  of  the  Letters  do  yon 
mean,  Sir  ?  for  there  are  four  of  them.  ^ 

Mr.  Williams,  The  third  Letter,  that  of  tha 
first  of  December. 

CL  of  Cr,    That  is  a  mistake,  sure. 

X.  C.  J,     Where  is  it  a  mistidce  ? 

CI.  cfCr.  In  Mr.  Williams's  copy,  my  lord. 

X.  C.  J.  Read  as  it  is  on  the  Record,  man» 
what  care  I  how  his  copy  is  ? 

CL  of  Cr.  It  is  '  apud  parochiam'predictam 
in  wardiL  predict^' 

X.  C.  J.  What  parish,  and  what  ward  is 
that? 

CL  ^Cr,  *  Parochia  S'c'i  Michadis  Basi- 
shaw  in  WardSL  Basishaw,  London.' 

X.  C.  J.  Your  copy  is  mistaken  throughout. 
Read  the  whole  InformatioQ. 

Mr.  Att,Gen,  If  you  please,  my  lord,  let  it 
be  so  ;  for  we  should  have  prayed  it  might,  by 
and  by ;  for  it  needs  no  aggravation. 

X.  C.  J.-  Ay,  Mr.  Attorney,  I  spake  it  for 
the  same  reason;  that  my  brothers  may  hear 
it,  and  the  bar  may  hear  it.  Now  do  you  hear- 
ken to  it,  and  take  what  exceptions  to  it  you 
can,  Mr.  Williams ;  for  your  other  exceptions 
are  without  book,  and  indeed  not  worth  writing. 

CL  qfCr,  <  Memorand'  quod  Rob*tus  Sawyer 

*  Miles,  Attorn.  Regis,  &c.* 

X.  C.  J.  Read  it  in  Eng^h. 

CL  of  Cr,   *  Whereas  a  certain  devilish  and 

*  traitorous  conspiriMsy    and  iiiauRecti<»i  of 

4S 


1365]  STATE  TRIALS,  36CUARI.SS  11^  \6B4,^^Trial&fSirS.BmMriiUcn,  [1364 


*  divers  seditious  and  eyil  disposed  persons,  our 

*  sovereign    lord   Charles  the    Second,    now 

*  king  of  Entrland,  to  murder  and  kill  and 

*  the  laws  and  gOTemment  of  this  kingdom 
<  of  England,  as  bv  law  now  constituted  and 

*  established,  to  subvert,  had  been  detected. 
'  And   whereas    also    one    William    Russell, 

*  esq.  and  divers  other  persons,'  of  that  cOQspi- 

*  racy  and  treason,  by  due  process  of  law,  had 

*  been  tried,  convicted,  and  attainted,  and  for 

*  the  same  executed;  And  one  Algernon  Sid - 

*  ney,  esq.  of  that  conspiracy  and  treason  stood 
'  in  like  manner  tried  and  convicted.  And 
'  whereas  upon  the  trials  of  the  aforesaid  Wil- 

*  liam   Russell,    and  the  aforesaid  Algernon 

*  Sidney,  William  lord  Howard,  baron  of  Es- 
*■  crick,  a  witness  on  the  part  of.  our  said  sove- 

*  reign  lord  the  king,  the  treason  and  conspiracy 
^  aforesaid  to  prove,  had  been  produced.    One 

*  sir  Samuel  Bamardiston,  late  of  London,  ba- 

*  ronet,  being  a  man  seditious  and  pernicious, 
^and  of  a  turbulent  and  unquiet  soul,    and 

*  conversation,  falsely,  unlawfully,  wickedly, 

*  maliciously,  seditiously,  contriving,  practis- 

*  iog^,  smd  Intending  our  said  lord  the  king  that 
'  now  is,  and  his  government  and  rule,  as  also 
'  the  public    administration  of  justice  within 

*  this  kingdom  of  England,  in  hatred,  scandal, 

*  and  disgrace,  with  nis  subjects  to  induce  and 

*  bring,  and  di^ord  and  sedition  between  our 
'  said  sovereign  lord  the  king,  and  his  ISege 
'  subjects,  and  between  the  said  subjects  to 
'  move,  incite,  and  procure,  as  also  the 
'  peace  of  our  said  lord  the  king,    and  the 

*  tranquillity  of  this  kingdom  of  England,  to 

*  disquiet  and.  disturb,  and  the  conspiracy, 
'  and  treason  aforesaid  to  conceal,    and  the 

*  evidence  for  our  said  lord  the  king  in  that 
'•  behalf  to  vilify,  scandalize,  and  aifrighten, 
'  and  hLs  most  wicked,  devilish,  and  impious 

*  contrivances,  practices,  and  intentions  afore- 
^  said,   to  fulfil,  perfect^  and  bring  to  effect, 

*  the  twentieth  day  of  December  in  the  6ve 

*  and  thirtieth  year  of  the  reign  of  our  sove- 

*  reign  lord  that  now  is,  at  the  parish  of  Saint 

*  Michael  Basishaw,  in  the  ward  of  Basishaw, 

*  London, 'aforesaid,  with  force  and  arms,  &c. 

*  falsely,    unlawfully,   unjustly^    maliciously, 

*  corruptly  and  seditiously  made,  composed, 
'  and  wnt,  and  caused  to   be  made,  written,. 

*  composed,  and  published  a  certain  false,  scan- 

*  dalous  and  seditious  libel,   bearing  date  the 

*  39th  day  of  November,  in  the  year  of  our  Lord 
*'  1683,  in  which  said  libel,  among  other  things, 
*■  were  contained  these  false,  feigned,  scandal - 
'  ous,  malicious,  libellous,  seditious,  English 

*  sentences  following,  viz.  "  Sir,  the  return  of 
'  the  duke  of  Monmouth  to  Whitehall,  and  his 

*  bein^  received  into  so  extraordinary  favour 

*  of  his  majesty,  hath  made  a  strange  altera- 

*  tion  of  affairs  at  court.     For  those  that  before 

*  spoke  of  him  very  indecently,  now  court, 

*  cringe,  and  creep  to  him,  his  grace,"  &<:. 
*And  his  most  wicked,  and  impious  eontri- 
'  vances,  and  intentions  aforesaid,  furtlier  to 
'fulfil,  perfect,  and  bring  to  effect,  the  said 
'  SAX  ^Samuel  Bainardiston,  bart,  afterwards,  to 


'  wit,  the  said  QOth  day  of  December,  in  ^ 
*•  3&th  year  aforesaid,  at  the  parish  atbresatdy 
'  in  the  ward  aforesaid,  falsely,  unlawfiillj, 

*  unjustly,   maliciously,   corruptly,  and   sea- 

*  tiously  did  make,  compose,  and  write,  ani 

*  caused  to  be  made,  composed,  written,  and 
'  published  a  certain  other  false,  scandaloiis, 

*  libellous,  and  seditious  libel,  bearing  datetiw 
>  first  day  of  Deceniber,  in  the  year  of  our 
'  Lord  1683,  in  which  said  libel  amoiie  othci 

*  things  were  contained  these  false,    fei^ed, 

*  scandalous,  malicious,  libellous,  and  seditiotts 
*■  English  sentences  following,  viz.  "Dear  Sir, 

*  I  am  to  answer  yours,"  ^c.^And  bis  said 
'  most  wicked  and  impious  contrivances,  and 
'  intentions  aforesaid  further  to  fiilfil,  perfedy 
'  and  bring  to  effect,  the  said  sir  Hamuei  Bar- 

*  nardiston,  aflerwards,  to  wit,  the  said  20th  d^ 

*  of  December,  in  the  S5tb  year  aforesaid,  at 
'  the  parish  aforesaid,  in  the  ward  aforesaid, 
'  falsely,  unlawfully,  unjustly,  mafiaoiislj, 
'  corruptly,  and  Seditioosly  did  raake^'compose, 
'  and  write,  and  caused  t(»  be  made,  composed, 
'  written,  and  published,  a  certain  other  fidse, 
'  scandalous,  libellous,  and  seditious  libel,  beax^ 
'  ing  date  the  first  day  of  December  in  the 

<  year  of  our  Lord  1683.     In  which  said  libel, 

<  among  other  things  were  contained  dieae 
'  false,  feigned,  scandalous,  malicious,  itbd- 
'  lous  and  seditious  English  sefktences,  fblk>w- 
'  ing,  viz,  '<  The  late  change  here  in  public 

*  airairs,"  &c.— And  his  most  wicked  and  im- 

*  pious  contrivances  and  intentions  aforesaid 
'  further  to  fulfil,  perfect,  and  bring  to  effect, 

*  he  the  said  sir  Samuel  Bamardiston,  faiurt. 
'  afterwards,  the  said  30th  day  of  December, 

*  in  tke  35th  year  aforesaid,  at  the  parish 
^  aforesaid,  in  toe  ward  aforesaid,  falsely,  un- 

<  lawfully,  unjustly,  maliciously,  eormptly, 
'  and  seditiously  did  make,  compose,  and  writer 
*•  and  caused  to  be  made,  composed,  written, 
^  and  published  a  certain  other  false,   scanda- 

*  lous,  libellous,  and  seditions  libel,  bearing 
*■  date  the  ibuith  day  of  December,  in  the  year 

*  of  our  Lord  16B3,  in  which  said  libel'  amoDg 
*•  other  things,  were  contained  these  &lse, 
'  feigned,  scandaluus,  malicious,  libellous,  and 
^  seditious  English  sentences,  viz."^  Contrary  IS 
'  most  mens*  expectations  a  warrant'* 

Mr.  Williams,   This  corrects  all  the  former. 
CL  afCr,  *  ^'  A  warrant  is  signed  nt  lasl  Ck 

*  beheading  colonel  Sidney,  (meaning^  the  said 

<  Algernon  Sidney)  at  Tower- hill,  next  Friday, 
^  great  endeavours  have  been  used    to  obtaa 

*  his  pardon,  but  the  contrary  party  hare  car- 
'  ried  it,  which  much,  dashed  our  liopes^  biA 

*  God  still  governs."    To  the  intent  tp  incife^ 

*  move,  and  procure  sedition,  discord  and  il*  | 

<  will  bejtween  our  said  lord  the  king-,  and  Ai 
'  subjects  of  our  said  lord  the  kjngp  of  tUi 
*■  kingdonr  of  England,  as  also  between  tbeia 

<  the  subjects  of  our  said  lord  the  king*,  to  te 

<  evil  and  pernicious  exaniple  of  all  other*  m 
^  the  like  case  offending,  and  against  the  peaot 
^  of  oivsaid  sovereign  lord  the  king  that  wmm 
'  is,  his  crown  and  dignity.* 

JL  C/.  Ay;  itoorreolaitwondeiftiDj,  K. 


J 


1^5]        STATE  TRIALS,  36  Cir aklbs  II.  1 6Slr^ar  a  Mi9dm^tnar,        [  1 S66 


WiHiarns:  *<the  contrary  party  hat  car- 
"  ried  it,  and  oar  bopes  are  dashed." 

Sol.  Otn,  (Mr.  Pinch)  Providence  seems 
to  be  against  him,  be  says ;  for  **  the  other 
party  have  prevailed,  and  Sidney  is  to  be 
executed." 

Z.  C.  J.  Tnilv,  I  think  it  is  as  bad  as  any 
of  the  rest ;  and  that  is  even  bad  enough  of  all 


ney's  execution,  and  our  hopes  are  dashed ; 
bat  God  governs."  As  much  as  to  say,  God 
Almiffhty  is  on  the  other  side,  though  he  suf- 
fers those  things  to  be  done.  Well,  have  you 
any  more  objections  ? 

Bfr.  WilUam.  That  which  I  relied  most 
upon,  it  seems,  is  a  mistake  in  the  copy; 
tnongh  I  am  informed  the  record  was  so  once. 
1  know  not  how  it  comes  to  be  amended. 

i.  C  /.  I  believe  you  did  rely  upon  that ; 
lor,  if  true,  it  had  been  a  material  objection : 


to  see  how  down  in  the  mouth  they  are.  And 
I  believe  there  is  never  a  clergy  roan  hath 
any  good  thought  from  sir  Samuel  Barnardis^ 
ton,  exce[it  Mr.  Kidder*  for  his  balsamic  tem- 
per, forsooth:  because  he  took  him  for  a 
trimmer,  he  must  be  courted  to  come  to 
Ipswich  ;  and  all  men  of  his  temper  must  lie 
sure  to  be  taken  care  of,  and  be  brought  in  to 


conscience.    ^*  The  warrant  is  signed  for  Sid-  |  support  the  honest  party,  as  he  calli^  them.     I 

take  notice  of  this,  because  sir  George  is  not 
yet  <  so  down  in  the  mouth,'f  but  he  can  tell 
sir  Samuel  Bftmardiston  his  mind. 

Mr.  WiUiam$,  My  lord,  1  have  in  ray  hand 
my  copy  of  the  Inibrmation ;  and  that  is  as  I 
opened  it. 

L.  C.J.  Here  is  the  original,  man,  and  that  is 
right,  what  dost  tell  us  of  thy  copy  P    If  thy 


copy  bewrong,  how  can  we  help  tbati^ 
Mr. 


hear 


Williamg.  But,  my  lord,  1  hope  you  will 
what  we  have  to  say  in  this  matter. 


Imt  that  is  otherwise  in  the  record.    As  to  tbe  i  Here  is  an  abuse  put  upon  the  court,  as  well  as 

other  thing  you  mentioned,  I  remember  you  did    "^     *  n    a   ^       «      i         t       ^ 

tell  meat  tbe  Trial,  you  would  move  that  mat- 
ter here ;  and  I  told  you,  you  might  move  what 

you  would.    You  say,  that  there  was  no  evi- 
dence ^iven  by  proof  of  the  defendant's  evil 

disposition,  .or  of  these  things    being    done 

ftlsely,  seditiously,  fkctiously  and  tumultuous- 

]y,  and  the  like.    There  was  not  any,  but  what 

the  fact  charged  proves.     It  is  true,  these  are 

words  put  into  the  information  of  course ;  and 

there  must  be  some  accusations,  or  words  of 

the  person  accused,  that  in  their  own  nature 

win  Dear  the  interpretation  of  such  crimes ;  or 

else  the  charge  is  not  maintained.     For  if  a 

man  should  put  into  an  information,  that  I  did 

fifclsely,  maliciously,  and  seditiously,  speak  cer- 
tain  words  to  Mr.  Williams;,    and  when  I 
came  to  set  forth  the  words,  it  should  only  be, 
that  I  did  ask  him  this  question,  how  his  wife 
and  childen  did,  or  some  such  like ;  that  would 
not  bear  an  information,  because  there  was  no 
«FiI  in  the  very .  matter  of  the  accusation  or  | 
isrords.    But  now  that  is  not  the  case  here,  for 
I  dar«  be  bold  to  say,  these  Letters  are  as  vile, 
and  factious,  and  libellous  papers,  as  seditious 
and  full  of  malice,  as  possibly  any  man  could 
write,  it  shews  the  whole  mass  of  bis  blood  is 
corrapted ;   for  he  shews  in  them  his  rancour 
and  aispleasure  against  the  government  in  all 
parts  of  it,  charging  it  with  sbammmg  a  Plot 
Dpon  the  nation.    Where  is  your  Sham  Pro- 
testant Plot?    It  i9  now  among  none  but  the 
abhorrers,  and  addressers.    Then  all  the  courts 
:>f  Justice  and  all  the  judges,  they  are  libelled, 
tiy  reflecting  upon   the  attainders    of  those 
traitors,  that  have  been  executed.    My  lord  of 
Basex,  forsooth,  he  is  murdered,  and  my  lord 
tosseli  be  is  afresh  lamented.    And  it  must 
m  tbe  prevalency  of  a  party,  that  brings  trai- 
ors  to  execution  lu^cordieg  to  law.     Nay,  for 
'ear  that  any  man  concerned  for  or  in  the 
jporernment  ghould  escape  without  a  touch  of 
lia  kindness,  the  tortes  of  all  sorts,  as  he  calls 
hem,  must  come  in,  and  the  cler^  by  no 
Deans  most  be  left  out :  they  and  their  Plot  are 
aite  confounded ;  and  it  would  do  one  good 


upon  the  defendant.  For  here  has  been  a 
rasure  in  the  Information,  t 

L.  C.  J.  •  We  know  nothing  of  that ;  tbe 
record  before  us  upon  the  roll  is  right. 

Mr.  Williams,  That  Information,  which  we 
pleaded  to,  was  as  I  opened.  * 

L,  C  J.  Ay ;  but,  good  Lord !  what  are  we 
doing  now  ?  Is  not  here  a  record  of  a  convic- 
tion before  us,  upon  which  we  are  to  go  ? 

^x.  Williams.  My  lord,  that  which  we  offer 
in  arrest  of  judgment,  or  for  a  new  trial,  is  this, 
we  have  been  ensnared  into  this  trial,  upon  the 
account  of  this  mistake,  which  we  depended 
upon.  They  now  have  altered  the  record 
from  the  roll  thut  we  pleaded  to :  we  pray, 
that  it  may  be  examined,  how  it  was  upon  the 
roll  at  the  time  of  the  plea  pleaded. 

Att.  Gen.  Mr.  Williams  is  far  ont  of  the 
way,  as  to  the  fact > 

L.  C.  J.    Mr.  Attorney,  I  have  often  heard 

*  Richard  Kidder  was  shortly  after  the  Re- 
volution made  bishop  of  Bath  ancl  Wells,  in  the 
place  of  Ken  (one  of  the  seven)  who  had  been- 
deprived. 

f  See  the  Letters  which  were  read  in  the 
Trial,  p.  1334. 

X  Amendments  of  two  Informations,  fbr  pub- 
lishing setUtious,  scandalous,  obscene,  and  im- 
pious hbels,  which  amendments  were  made 
by  a  single  judge  (hearing  both  sides,  but  not 
having  consent  on  the  part  of  the  detendant,) 
at  his  chaii^bers,  after  the  records  were  made 
up  and  sealed,  and  on  the  daybefore  the  trials, 
were  held  to  be  regular.  The  amendments 
were  by  striking  out  tbe  word  ''  purport," 
wherever  itoccumd,  and  substituting  the  word 
**  tenor."  The  statute  power  of  amending,  ex- 
tends not  to  Criminal  proceedings ;  but  as  to 
Common-Law  amendments,  there  is  no  dif- 
ference between  Civil  Proceedings,  and  Crimi- 
nal Informations.  But  an  indictment  cannot 
be  amended.  See  in  this  Collection  the  case  of 
John  Wilkes,  a.  n.  1770.  See,  too,  for  the 
History  of  Amendments,  Blackst.  Comm. 
Book  dy  c.  S5y  i.  3. 


1567]  STATE  TRIALS,  36  Charles  n.  i6B4.^1MdofSir  S.  Bamar£$ton,  [136$ 


iay,  <  Blessed  is  th«  TneHding  band.'  It  maj 
be,  we  will  punish  Uie  power  that  did  it,  when 
that  cometi  fairl\  before  as;  but  we  find  it 
right  now  upon  the  record,  and  that  is  all  we* 
look  jor  now.  Therefore  I  say,  first  let  Judg- 
ment be  entered,  and  affirmed  ;  for  as  to  any 
4hingMe'  see,  it  is. a  very  good  Infi>nnation; 
but  a  you  haTe  any  motion  to  make  for 'the 
examinatioo  of  any  irregularities  of  the  clerk, 
or  any  body  else,  come  prepared  for  it,  and  we 
will  hear  ^ou,  and  do  as  we  see  just,  and  punish 
offenders*  Or  if  you  be  particularly  grieved, 
you  know  your  remedy,  bring  your  action 
against  the  party  that  has  done  you  the  wrong, 
and,  by  the  grace  of  God,  we  will  do  our  duty. 

Just.  Wit  hint.  Ay,  in  God's  name  do  so. 

'  L.  C.  J.    But  I   never  knew  in  my  whole 

life,  if  ever  a  record  were  mended  to  make  it 

good,  that  we  ever  allowed,  i  mean  the  court, 

an  allegation  at  the  bar  to  alter  it,  to  make  the 

>  exception  good.     I  have  oflen  heard  it  said 

here,  We  niil  alter  a  record,  perhaps,  to  make 

good  a  judgment,    bift   never    to   make    it 

,  erroneous. 

Mr.  Williams,  But,  my  lord,  we  hope  this 
abuse  shall  not  go  unminded.  I  know  you 
will  ndt  pass  over  such  a  thing,  as  the  razure  of 
a  record,  after  plea  pleaded. 

Att.  Gen,  No  doubt,  they  will  not 

Mr.  Williams,  We  will  make  h  out,  and 
pray  it  may  be  examined. 

Att.  Gen,  This  could  do  nothing  in  the 
world  to  alter  the  fact  upon  the  trial. 

L.  C,  J.  Lei  us  pi^oceed  upon  the  record, 
and  the  matter  now  before  us. 

Just.  Withins.  Ay,  for  we  have  two  bares  a 
foot ;  let  us  dispatch  one  first 

L.  C,  J.  1  will  tell  you,  for  the  first  matter 
aQedged  in  arrest  of  Judgment,  out  of  the 
Letters  themselves,  I  plainly  perceive  it  was 
very  prudently  avoided,  what  Mr.  Attorney 
desired,  Mr.  Williams  would  not  write  his  ex- 
eeptions,  because  be  had  none  to  write. 

Att,  Gen,  He  spoke  the  truth,  he  could  not. 
Indeed  I  expected  something  else. 

L.  C.  J,  Well,  it  was  well  avoided  though, 
where  nothing  else  could  be  said. 

Att.  Gen,  The  court  is  pleased  to  affirm 
Judgment. 

X.  C.  /.  Yes,  for  we  see  no  cause  offered  to 
the  contrary. 

Ait.  Gen.  I  desire  then,  for  the  king,  that  a 
good  fine  may  be  set  upon  sii*  Samuel  mrnar- 
diston,  and  that  proportionable  to  the  ofience; 
for  these  are  matters  that  come  very  near  to 
treason. 

Sol.  Gen.    Mr.  Williams  says  he  was  asleep. 

Mr.  Williams.  He  says  himself  he  was  in  a 
dream,  Mr.  Solicitor. 

Soi.  Gen,  Then  I  hope  the  court  will  awaken 
bim  with  a  good  fine. 

L,  C.  J.  There  are  a  generation  of  men, 
that  gather  from  and  send  to  all  parts  of  the 
kingdom  all  the  falsities  they  can  get,  to  de- 
fame the  government ;  and  spread  them  up 
sjid  down.  There  is  an  itch  of  factious  news, 
Ikat  must  be  scratched,  and  lies  must  be  spread 


eveiy  where  to  do  tlie  work.  We  never  met 
with  so  pat  an  example,  as  the  persoii  now  be- 
fore us.  You  see  how  industrious  he  has  beea 
to  U<:k  up  all^he  venom  imaginable  against  tlie 
government  to  stuff  his  Letters  to  his  lactiaiis 
correspondents  with ;  which  if  we  do  not  now 
take  care  ta  punish  such  offences,  in  a  litUc  time 
we  shall  see  very  bad  effects  of  it.  We  know, 
and  feel  it  every  day,  the  infection  is  dispersed 
into  several  parts  of  the  kingdom  ;  but  we  miBt 
prevent  its  spreading  further,  if  we  can :  sir 
Samuel  Bamardiston  could  not  let  hts  mnHi  be 
told  in  a  singte  letter,  but  four  or  five  of  tb^ 
same  nature  must  be  writ,  to  scandalize  the 
king,  as  if  he  werfe  satisfied  my  lord  Russell 
was  innocent  And  as  he  is  pleased  to  reflect 
basely  upon  the  king's  witnesses,  so  be  doth 
commend  all  the  traitors:  he  doth  deelare  po> 
sitively  against  the  justice  of  the  nation,  in  af- 
firming their  innocence,  and  that  there  was  na 
Plot  but  a  sham  Protestant  Pbt ;  at  least  he 
did  what  he  could  to  suppress  the  belief,  and 
discourage,  it  may  be,  the  further  discovery 
of  it 

Mr.  Williams,  My  lord,  I  hare  only  ana 
word  to  offer  on  behalf  of  sir  Samuel  Bai^ 
nardiston,  before  you  pronounce  your  Jndg- 
ment  Whatever  other  persons  hare  done,  or 
whatever  has  happened  since,  I  hope  shall  not 
affect  this  gentleman. 

L,  C.  J,  No,  no ;  it  never  has  any  infltienoe 
in  courts  of  justice.  Every  man  must  sailer 
for  his  own  fault;  but  where  the  erime  is 
catching,  a  severe  punishment  of  4»ie  may  pre- 
vent the  other. 

Just.  Withint,  I  think  there  is  no  need  of 
aggravation ;  the  offence  is  so  great,  1  scarce 
know  any  punishment  by  our  law  big  enough 
for  it 

Sol.  Gen.  Only  I  would  desire  the  ooort  t» 
observe  one  thing  out  of  that  sweetening  letter, 
as  Mr.  Williams  calls  it,  that  is  to  qnaliiy  and 
cure  all  the  other  matters.  He  says  *•  the  con- 
trary party  have  prevailed,  which  much  dash- 
eth  our  hopes.'  If  sir  Samuel  were  so  innocent 
and  harmless,  as  Mr.  Williams  wotild  have 
him  to  be,  I  would  fain  know  who  this  c^nlimrv 
party  is,  and  what  party  sir  Samuel  Bsr- 
narcfiston  is  of. 

L,  C.  J.  Of  colonel  Sidney's  party :  he  tdb 
yon  so  in  his  Letter. 

•  Mr.  Williams.  I  think  sir  Samuel  B^kmar- 
diston  doth  not  intend  to  write  comments  upoa 
his  Letters. 

L,  C,  J.  No,  he  need  not;  the  text,  I  cis 
assure  you,  is  bad  enough.  It  is  a  pretty 
thing,  that  a  man  should  make  so  light  of  suck 
a  devilish,  horrid  conspiracy  ^  such  adaninayi 
contrivance  to  murder  the  king,  and  to  massaot 
the  king's  best  subjects,  as  appears  by  all  tbt 
evidence,  that  has  been  given  of  this  Pkc 
And  that  he  should  rail  at,  and  revile  the  ge- 
vemment,  and  all  its  friends ;  it  is,. I  say,  a  reiy 
pretty  thing,  and  shews,  sir  Samuel  Bamar- 
diston values  the  life  of  his  priace, «  nd  the  pre- 
servation of  the  govemnoent  and  the  pofaiis 
peace,  mueb.    There  is  no  man,  that  has  4 


13591        STATE  TRIALS,  56  Chaales  II.  1684.— >r  «  Mudenuanar.       1 1370 


heart  rach  as  a  sabjeet  ought  to  have,  bottrem- 
bks8  at  the  very  remembraai^e  of  such  things/ 
as  were  designed  in  that  damnable  conspiraov; 
and  yet  forsMtb,  it  must  be  a  May -ffame,  and  a 
poiitie  fiction^  no,  the  Protestaot  Plot  is  lost 
nere,  and  only  to  be  tbund  among  abhorrera 
and  addressers.  These  dangerous  attempts  upon 
the  life  of  the  king,  and  the  duke^  aretbiDgs  to 
be  drolled  about,  and  tosded  up  and  down .  Any 
man  that  has  any  bowels  about  him«  such  as  a 
subject  ought  to  have  for  bis  prince,  or  any 
loyalty,  must  tremble  at  the  thoughts  of  it ! 

[Then  the  Judges  consulted  together.] 

Just.  WUhins,    Where  is  sir  Samuel  Bar- 
nardiston  ? 

L,-  C.  J.    There  he  is,  (pointing  to  him,  i^ho 
stood  in  the  Court.) 

Just.  Withins,  Sir  Samuel  Bamardiston, 
Here  has  been  an  Information  exhibited  against 
you  in  this  court,  by  Mr.  Attorney  General,  on 
the  behalf  of  the  kinff,  for  writing  four  seanda- 
lous  Letters.  Yon  have  ol^ded  Not  Guilty  to 
it,  and  the  jury  have  found  you  Guilty  of 
.writing  them  aU  four  ;  and  they  have  found 
likewise,  that  you  did  this  seditiously,  with  an  '^ 
jntaotion  to  raise  discord  between  the  king  and 
his  people;  and  likewise  between  the  king's 
P^ple  among  one  another.  This  the  jury 
have  found  upon  your  trial.  The  matter  of  the 
fibels  is  considerable  in  this  case  as  to  the  judg- 
ment that  must  be  given ;  what  they  relate  to, 
and  whom  they  concern.  First,  as  to  whom 
they  concern  ;  r  irst,  it  concerns  the  king  in 
his  own  particular  actings,  traduceth  him, 
that  notwitnstanding  he  believed  persons  were 
innocent,  yet  he  sullered  them  to  be  executed ; 
Though  he  were  satisfied  by  the  duke  of  Mon- 
mouth that  there  was  nothmg  in  it,  yet  by  the 
insiouation  of  some  persons,  he  signea  the 
warrant  for  executing  mnocent  men.  Thus  far  it 
reflects  upon  the  king  in  his  own  person ;  that 
he  knowingly  destroyed  innocent  persons,  and 
tookairay  their  blood.  Secondly,  it  concerns 
the  justice  of  the  nation,  and  tnat  not  only  in 
part,  but  in  the  whole ;  as  to  the  several  trials, 
that  all  amounted  but  to  a  Sham  Plot,  a  thing 
counterfeited,  and  that  had  nothing  of  truth  in 
it.  Now  that  men  should  be  tned  for  their 
lives  and  convicted  before  aU  the  judges  of 
England,  as  my  lord  Russell  was,  at  the  Old 
Bailey,  and  a  long  and  fair  trial  it  was,  a  trial 
tharhas  bom  the  test  of  printing,  and  I  never 
heard  that  any  body  could  justly  find  any 
fault  in  it,  that  any  thing  was  said,  that  was 
not  printed,  or  that  the  evidence  was  not  ex- 
traordinary strong ;  and  yet  this  roust  be  all  a 
aham,  and  af^er  Ihis,  he  must  (le  bewailed  afresh, 
and  tlm  duke  of  Monmouth  must  be  heard  to 
•ay,  he  was  as  loyal  a  subject  as  any  the  king 
had.  What  is  this,  bnt  to  fall  foul  upon  the  jus- 
tice of  the  nation  P  that  such  things  should  be 
done  in  the  couK9  of  justice,  in  England,  to 
sham  people  out  of  their  lives.  In  the  next 
place,  there  is  colonel  Sidney  >  trial,  which  was 
bad  openly  here  in  this  court,  where  he  had  all 
the  liberty  he  could  denre  to  defend  himself; 


and  his  Trial  has  likewise  been  printed,  and  yet' 
all  this  will  not  ^eatbfy  some  ^ple  of  the 
radity  of  the  thing ;  nothing  will  serve,  but 
that  tnis  is  all  a  BhwBik  Plot    And.  among  the 
rest,  sir  Samuel  Bamardiston  it  seems  .is  one 
of  these  people.    What  must  such  people  be  f 
Mr.  Williams  tells  us,  he  is  a  person  free  from 
having    any  sedition    in     him ;    but  yet  it 
was  Weil  observed  out  of  his  own  Letter,  by  the 
king's  coCinsel,  that  he  has  herded  himself 
among  a  party.    He  tells  his  friends,  the  con- 
trary {Mirty  have  prevailed  with  the  king;  ta 
sign  the  warrant  for  Sidney's  Bxecntion.  This 
shews  him  to  be  one  of  the  other  paArty ;  nay, 
further,  he  adds,  which  very  mucn  troubleUi  * 
us— 
Sol.  Gen.  *  Which  much  /dasheth  our  hopes.' 
Just.    Withins.     Ay,  I  cry    you   mercyn 
<  dasheth  our  bones.*    Now,  what  were  these 
hopes,  I  pray  ?   That  he  should  be  preserved, 
being  a  guilty  person,  or  being  an  innocent 
person  ?  Be  it  which  it  will,  it  was  a  hope  not 
becoming  him.    If  he  were  jguilty  and  should 
be  executed,  then  he  owns,  it  is  not  such  g^uilt 
for  which  he  ought  to  die,  though  it  were  the 
highest  treason  against  the  king,  and  the  go- 
vernment     If  he  thought  him  Not  GuilW, 
then  it  is  a  falling  foul  upon  tjie  vritnesses,  the 
jury,  all  the  ju^es  here,  and  the  public  jua- 
tice  of  the  nation.    Nay,  this  does  not  suffice, 
nor  serve  your  turn,  sir  Samuel  Bamardiston  ; 
You  must  have  a  fling  at  all  the  gentlemen  of 
all  parties  of  England.    I  mean  those  concera- 
ed  in  the  addroses,  and  abborrences,  which, 
you  cannot  but  take  notice,  they  are  a  great 
many  for  number,  and  of  great  estates  and  in- 
terest in  their  countries;  and  perhaps  ^eir 
giving  their  public  testimony  of  their  loyalty, 
and  joy  for  the  king's  safety,  doth  very  much 
dash  your  hopes  likewise ;  and  that  makes  you 
fall  foul  upon  them ;  that  the  I^ot  is  lost  here, 
and  not  to  be  found  but  among  them.    So  that 
you  are  not  contented  to  fall  upon  the  king,  {uid 
the  judges,  and  the  justice  of  the  nation ;  but 
upon  all  tbs  king's  fhends,  and  faithfiillest  sub- 
jects.    The  matter  of  those  addressj^s  beiiur 
congratulations  fbr  the  preservation  of  the  life 
of  the  king,  and  the  life  of  the  duke  his  only 
brother,  and  of  the  government ;  this  must  be 
only  to  support  the  credit  and  belief  of  a  Sham 
Plot    Hius  ill  you  use  your  king,  his  judges, 
and  courts,  dl  his  friends,  and  gentlemen  of 
the  best  quality  in  the  kingdom.    I  cannot  but 
admire<tndy,  sir  Samuel  Bamardiston,  that  a 
person  of  your  great  concerns  in  the  world, 
should  no  more  consider  those  things  ;'that  one 
of  your  estate,  knowledge,  and  quality  should 
not  more  value  the  peace  and  quiet  you  enjoy 
under  so  good  and  g^racious  a  prince,  and  so 
excellent  a  government,  where  you  enjoy  all 
the  liberty  that  is  bwful  for  honest  men  to 
have.    I  am  sorry  to  see  you  of  such  a  unquiet 
spirit,  that  you  should  give  up  yourself  to  sod> 
a  strange   way   of  acting  and  writing  and 
sfieaking  as  you  have  done.    But  our  busineM 
is  to  inflict  a  punishment  upon  you  for 
great  ofieoce,  and  therefbre, 


1371]  STATE  TRIALS,  36Chabi.bsIL  l6M.'-Trial  of  Sir  S.  Bamariiston.  [1372 


« 


**  It  ii  the  optnion  of  tlie  Court  (and  that  is 
the  Judgment  which  I  must  delirer)  that  jou 
**  pay  to  the  kto^  ^  Fiae  of  ten  tbousand 
**  FouNDa  ^  that  you  find  sureties  for  your  good 
*'  behavipur  during  your  life ;  and  be  com- 
**  mitted  till  all  this  be  done.'^ 

L.  C.  /.   Take  him  into  custody.     [Which 
was  done  accordingly.] 


In  the  '<  Display  of  Tyi^inny/*  as  quoted 
in  a  Note  to  lady  Rnssdrs  Letters  to  Dr.  Fitz- 
Williams,  dated  January  31,  1684-5,  (Lady 
RossiU's  L0tters,4».  890,  ed.  of  1792)  it  appears. 


that  during  the  imprisonment  of  sir  Sarand 
Barnardiston  on  account  of  this  Fine,  great 
waste  and  destruction  was  made  on  bis  estate. 
<'  June  1688.  Sir  Samuel  Bamadiston,  who 
hath  lain  some  time  in  the-King's  Bench,  is  at 
liber^,  the  king. having  been  pleased  to  remit 
his  Fine ;  or  rather  be  hath  paid  6,000i.  and 
giren  bond  for  the  residue."  Narcissus  Lut- 
trell's  MS.  Brief  historical  Relation,  Sec. 

As  to  excessire  Fines,  see  the  ''  Declaration 
of  Rights,^'  5  Cobbett's  Pari.  Hist  109,  110. 
See,  too,  the  Bill  of  Rights,  1  W.  and  M.  Stat 
2,  Cap.  2. 


END  OF  VOL.  IX. 


MMH 


•^* 


Printed  by  T.  C.  Hansard,  Peterborough-Court, 
Fleet-Street,  London. 

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